005.15.14 Ark. Code R. § 005 - Rules Governing Instructional Material, Rules Governing Public Charter Schools, Rules Governing the Fiscal Assessment and Accountability Program;
1.00
REGULATORY AUTHORITY
1.01 These rules
shall be known as the Arkansas Department of Education Rules Governing
Instructional Materials.
1.02 These
rules are enacted pursuant to the Arkansas State Board of Education's authority
under Ark. Code Ann. §§
6-11-105,
6-21-401 et seq., and
25-15-201 et
seq.
2.00
PURPOSE
The purpose of these rules is to set forth requirements related to the purchase, distribution and use of instructional materials.
3.00
DEFINITIONS
3.01 "Commissioner" means the Commissioner of
Education.
3.02 "Instructional
materials" means:
3.02.1 Traditional books,
textbooks, and trade books in printed and bound form;
3.02.2 Activity-oriented programs that may
include:
3.02.1
Manipulatives;
3.02.2 Hand-held
calculators; or
3.02.3 Other
hands-on material; and
3.02.3
Technology-based materials that require the use of electronic equipment in
order to be used in the learning process.
3.03 "School" or "School District" as those
terms are used in these rules, shall include open-enrollment public charter
schools.
3.04 "State Board" means
the Arkansas State Board of Education.
4.00
GENERAL POWERS AND DUTIES OF THE
STATE BOARD OF EDUCATION
4.01 Pursuant
to Ark. Code Ann. §
6-21-404,
the State Board of Education may:
4.01.1
Require reports from school districts on the use and distribution of
instructional materials; and
4.01.2
Do whatever else may be necessary for the general welfare of the public school
instructional materials system in order to acquire the items at the lowest
possible cost.
4.02 The
powers enumerated in section 4.00 of these rules and in Ark. Code Ann. §
6-21-404
are cumulative and not restrictive.
4.03 The State Board, through the Department
of Education, will include funding for instructional materials in the
foundation funding amount provided to each school district pursuant to Ark.
Code Ann. §
6-20-2305.
5.00
GENERAL REQUIREMENTS RELATED TO
INSTRUCTIONAL MATERIALS
5.01 Each
school district shall select an instructional materials selection committee.
5.01.2 A majority of its members shall be
licensed personnel, which shall include classroom teachers.
5.02 Public school districts shall
provide instructional materials, including the availability of any equipment
needed to access the instructional materials, for all pupils attending the
public schools of this state in kindergarten through grade twelve (K-12),
inclusive, in all subjects taught in those grades, without cost to the
pupils.
5.03 School districts may
select their own instructional materials, including the equipment needed to
access the instructional materials.
5.04 Any materials purchased with state funds
shall be consistent with course content standards and curriculum
frameworks.
5.05 The Department of
Education shall monitor to ensure that all school districts in the State of
Arkansas comply with Section 5.00 of these rules and with Ark. Code Ann. §
6-21-403.
The primary method of compliance shall be through a school district's Statement
of Assurance filed with the Department of Education pursuant to Ark. Code Ann.
§
6-15-202.
5.05.1 The Department of Education shall
report in the annual school performance report a school district that fails to
provide instructional materials including the availability of any equipment
needed to access the instructional materials or any school district that
charges any student a fee for use of or access to any instructional
materials.
5.05.2 The State Board
of Education shall report to the members of the House Committee on Education
and Senate Committee on Education annually any school district out of
compliance with Section 5.00 of these rules and with Ark. Code Ann. §
6-21-403
by November 1 of each year.
5.06 As used in this subsection, "person"
means an individual, a partnership, a corporation, or an association.
5.06.1 A person who operates in this state
shall not charge a school district a price for instructional materials that
exceeds the lowest contracted price currently bid in another state on the same
product.
5.06.2 A person shall sell
instructional materials at the same price to all school districts in the state
and must guarantee the price for the remainder of the school year.
6.00
CONDITIONS
FOR OFFERING TEXTBOOKS FOR ADOPTION, SALE OR EXCHANGE
6.01 As used in this subsection, "person"
means an individual, a partnership, a corporation, a company, or an
association.
6.01.1 Before a person may offer
instructional materials used in kindergarten through grade twelve (K-12),
inclusive, for adoption, sale, or exchange in the State of Arkansas, the
person, by June 30 of each year, submit to the Department of Education a
certified list of:
6.01.1.1 All state
contracts made during the state fiscal year just ended on all instructional
materials the publisher sold in this state during the state fiscal year just
ended; and
6.01.1.2 Instructional
materials sold to each school district in Arkansas, including the price of each
instructional material.
6.02 All publishers doing business in the
State of Arkansas shall maintain one (1) or more book depositories at the
publisher's expense in this state.
7.00
ASSESSMENT OF DAMAGES FOR
PUBLISHER'S FAILURE TO COMPLY
7.01 The
State Board is authorized to assess any publisher any amount of damages to the
State of Arkansas for failure to comply with the terms of Ark. Code Ann. §
6-21-401 et seq. or any
published regulation of the State Board, provided that the publisher has been
given a hearing before the State Board regarding the assessment of
damages.
7.02 If a publisher fails
to reimburse the State of Arkansas within six (6) months after notice of
assessment has been served on the publisher, the state board may prohibit the
publisher from selling instructional materials in Arkansas for a maximum period
of five (5) years from the date that damages are assessed pursuant to Section
7.00 of these rules.
7.03 The
following procedures shall apply to a situation involving a publisher's alleged
failure to comply with the terms of Ark. Code Ann. §
6-21-401 et seq. or any
published regulation of the State Board:
7.03.1 The Commissioner of Education shall
provide written notice, via certified mail, return receipt requested, to the
publisher. The written notice shall include specific allegations of precisely
how the publisher failed to comply with the terms of Ark. Code Ann. §
6-20-401 et seq. or
any published regulation of the State Board. The written notice shall also
include a recommendation from the Commissioner of Education concerning the
assessment of damages for the publisher's failure to comply.
7.03.2 Within thirty (30) days of receipt of
the written notification from the Commissioner of Education, the publisher
shall respond in writing to the Commissioner of Education, indicating one of
the following:
7.03.2.1 The publisher concurs
with the specific allegations and/or recommended assessment of damages;
or
7.03.2.2 The publisher disputes
the specific allegations and/or recommended assessment and requests an appeal
before the State Board of Education. Such a notice of appeal shall include a
brief statement of the reasons why the Commissioner's specific allegations
and/or recommended assessment of damages should not be adopted.
7.03.4 If the publisher concurs
with the Commissioner's specific allegations and/or recommended assessment of
damages, or fails to respond to the same within thirty (30) days, the
Commissioner shall place his or her recommended assessment of damages on the
consent agenda of the next regularly scheduled State Board of Education meeting
in accordance with the State Board of Education's procedures for the submission
of agenda items.
7.03.5 If the
publisher disputes the Commissioner's specific allegations and/or recommended
assessment of damages, the State Board of Education shall hear the publisher's
appeal within sixty (60) days of receipt of the notice of appeal. Through
mutual agreement, the Commissioner of Education and the publisher may extend
the date of the hearing for an additional thirty (30) days.
7.04 The following procedures
shall apply to a hearing before the State Board of Education:
7.04.1 Each party will have the opportunity
to present an opening statement of no longer than five (5) minutes, beginning
with the representative of the Department of Education. The Chairperson of the
State Board of Education may, only for good cause shown and upon the request of
either party, allow either party additional time to present their opening
statements.
7.04.2 Each party will
be given thirty (30) minutes to present their cases, beginning with the
representative of the Department of Education. The Chairperson of the State
Board of Education may, only for good cause shown and upon the request of
either party, allow either party additional time to present their
cases.
7.04.3 Every witness giving
oral testimony must be sworn under oath by the court reporter and shall be
subject to direct examination, cross examination, and questioning by the State
Board of Education.
7.04.4 For the
purposes of the record, documents offered during the hearing by the Department
of Education shall be clearly marked in sequential, numeric order (1, 2,
3).
7.04.5 For the purposes of the
record, documents offered during the hearing by the publisher shall be clearly
marked in sequential, alphabetic letters (A, B, C).
7.04.6 The Department of Education shall have
the burden of proving, by a preponderance of the evidence, that the
Commissioner's specific allegations and/or recommended assessment of damages be
adopted.
7.04.7 The State Board of
Education may:
7.04.7.1 Adopt the
Commissioner's specific allegations and/or recommended assessment of damages be
adopted;
7.04.7.2 Modify the
Commissioner's recommended assessment of damages; or
7.04.7.3 Grant the appeal of the
publisher.
7.04.8 The
State Board of Education may announce its decision immediately after hearing
all arguments and evidence or may take the matter under advisement. The State
Board of Education shall provide a written decision to the Department of
Education and the publisher within fourteen (14) days of the hearing.
8.00
NOTICE OF
ILLEGAL ACTS INVOLVING SCHOOL OFFICIALS PURSUANT TO ARK. CODE ANN. §
6-21-410
8.01 It shall be illegal for the
Commissioner of Education or any other employee connected with the Department
of Education, any member of any selecting committee, or any member of any
school board of directors to accept or receive any money, gift, property, or
favor whatsoever from any person, firm, corporation, or any agent thereof
offering for sale any item pursuant to Ark. Code Ann. §
6-21-401 et seq. or from
any person in any way interested in such sale.
8.01.1 Any person who pleads guilty or nolo
contendere to or is found guilty of violating Ark. Code Ann. §
6-21-410(a)
shall be found guilty of a Class B misdemeanor.
8.01.2 Any fines collected under Ark. Code
Ann. §
6-21-410(a)
shall be deposited into the State Treasury to the credit of the Public School
Fund.
8.02 It shall be
illegal for any teacher in the public schools of Arkansas or any person
connected with the public school system of Arkansas in any capacity to have any
interest in the profits, proceeds, or sale of any instructional materials used
in the schools of Arkansas under his or her charge or with which he or she is
connected in any official capacity. However, this provision shall not apply nor
have any reference to royalties or fees received by a person from the sale of
instructional materials of which he or she is the author.
8.02.1 Any person who pleads guilty or nolo
contendere to or is found guilty of violating Ark. Code Ann. §
6-21-410(b)
shall be guilty of a violation and subject to a fine of no less than fifty
dollars ($50.00) nor more than two hundred dollars ($200).
8.02.2 Any fines collected under Ark. Code
Ann. Ark. Code Ann. §
6-21-410(b)
shall be deposited into the State Treasury to the credit of the Public School
Fund.
8.03 It shall be
illegal for any person directly or indirectly to promise or offer to give or
cause to be promised, offered, or given any money, good, bribe, present,
reward, or any valuable thing whatsoever to the Commissioner of Education, his
or her assistants, or any other employee of the Department of Education, the
Director of the Department of Career Education, his or her assistants, or any
other employee of the Department of Career Education, any school board members,
teachers, or other persons with the intent of influencing their decisions on
any questions, matters, causes, or proceedings in the selection of any
instructional materials.
8.03.1 Any person who
pleads guilty or nolo contendere to or is found guilty of violating Ark. Code
Ann. §
6-21-410(c)
shall be guilty of a Class B misdemeanor.
8.03.2 Any fines collected under Ark. Code
Ann. §
6-21-410(c)
shall be deposited into the State Treasury to the credit of the Public School
Fund.
RULES GOVERNING PUBLIC CHARTER SCHOOLS
1.00
REGULATORY AUTHORITY AND
PURPOSE
1.01 These rules shall be
known as the Arkansas Department of Education Rules Governing Public Charter
Schools.
1.02 The State Board of
Education enacted these rules pursuant to its authority as set forth in Ark.
Code Ann. §§
6-11-105,
6-23-101 et seq.,
25-15-201 et
seq., and Act 509 of 2013.
2.00
LEGISLATIVE AND REGULATORY
INTENT
2.01 It is the intent of the
Arkansas General Assembly, and of these rules, to provide opportunities for
teachers, parents, pupils, and community members to establish and maintain
public schools that operate independently from the existing structure of local
school districts as a method to accomplish the following:
2.01.1 Improve student learning;
2.01.2 Increase learning opportunities for
all students, with special emphasis on expanding learning experiences for
students who are identified as low-achieving;
2.01.3 Encourage the use of different and
innovative teaching methods;
2.01.4
Create new professional opportunities for teachers, including the opportunity
to be responsible for the learning program at the school site;
2.01.5 Provide parents and pupils with
expanded choices in the types of educational opportunities that are available
within the public school system; and
2.01.6 Hold the schools established under
this chapter accountable for meeting measurable student achievement standards.
Source: Ark. Code Ann. § 6-23-102
3.00
DEFINITIONS
3.01 "Academic Eligibility" means qualified
for selection or admission based upon academic performance.
3.02 "Affected School District" means each
public school district from which an open-enrollment public charter school is
expected to draw students for the purposes of enrollment; the public school
district in which the open-enrollment public charter school will be located;
and each public school district that is contiguous to the public school
district in which the open-enrollment public charter school will be
located.
3.03 "Athletic
Eligibility" means qualified for selection or admission based upon athletic
performance or upon athletic eligibility requirements set forth by the Arkansas
Activities Association.
3.04
"Application" means the proposal by a public school district or eligible entity
for obtaining conversion public charter school status, open-enrollment public
charter school status, or limited public charter school status. Source:
Ark. Code Ann. §
6-23-103(1)
3.05 "Authorizer" means
an entity that authorizes a charter, which may be either the:
3.05.1 Department of Education; or
3.05.2 State Board of Education acting under
Ark. Code Ann. §
6-23-703
and Section 10.0 of these rules. Source: Act 509 of
2013
3.06
"Average daily membership" means the total number of days of school attended
plus the total number of days absent by students in kindergarten through grade
twelve (K-12) during the first three (3) quarters of each school year divided
by the number of school days actually taught in the school district during that
period of time rounded up to the nearest hundredth. Open-enrollment public
charter school students who are enrolled in a curriculum that fulfills the
requirements established by the State Board of Education under the Standards
for Accreditation of Arkansas Public Schools and School Districts may be
counted for average daily membership. Source: Current rule as modified
by Ark. Code Ann. §
6-20-2303(3).
3.07 "Charter," or "charter contract" means a
performance-based contract for an initial five-year period between the
authorizer and an approved applicant for public charter school status that
exempts the public charter school from state and local rules, regulations,
policies, and procedures specified in the contract and from the provisions of
Title 6 of the Arkansas Code specified in the contract. Source: Ark.
Code Ann. §
6-23-103(2).
The initial charter or charter contract may be renewed as set forth in
these rules. For the purposes of these rules, the initial five-year period of a
charter begins to run on the July 1 following approval of the charter unless
otherwise specified by the authorizer. The period for any subsequent renewal of
an initial charter shall begin to run on the July 1 following approval of the
renewal.
3.08 "Conversion public
charter school" means a public school that has converted to operating under the
terms of a charter approved by the local school board and the authorizer.
Source: Ark. Code Ann. §
6-23-103(3).
3.09 "Debt" means any financial obligation
incurred by a public charter school which will not be paid in full within 365
days from the date on which the financial obligation is incurred.
Source: Current rule as modified herein.
3.10 "Eligible entity" means:
3.10.1 A public institution of higher
education;
3.10.2 A private
nonsectarian institution of higher education;
3.10.3 A governmental entity; or
3.10.4 An organization that:
3.10.4.1 Is nonsectarian in its program,
admissions policies, employment practices, and operations, and
3.10.4.2 Has applied for tax-exempt status
under § 501(c)(3) of the Internal Revenue Code of 1986. The eligible
entity must obtain status as a tax-exempt organization under § 501 (c)(3)
of the Internal Revenue Code of 1986 prior to the first day of its operation
with students.
Source: Ark. Code Ann. § 6-23-103(4).
3.11
"Founding member" means any individual who is either:
3.11.1 A member or an employee of the
eligible entity applying for the initial charter for an open-enrollment public
charter school; or
3.11.2 A member
of the initial governing nonadvisory board of the open-enrollment public
charter school.
Source: Ark. Code Ann. § 6-23-103(5).
3.12 "Letter of Intent"
means a written notice submitted to the Department of Education Charter School
Office that a public school district or an eligible entity intends to file a
charter school application. The letter of intent shall be submitted by the
established deadline on forms provided by the Department of Education.
Source: Current rule.
3.13 "Limited Public Charter School" means a
public school that has converted to operating under the terms of a limited
public charter approved by the local school board and the authorizes
Source: Ark. Code Ann. §
6-23-103(6).
3.14 "License" means the authority granted by
the authorizer to an already-existing open-enrollment public charter sponsoring
entity for the purpose of establishing another open-enrollment public charter
school(s) provided the applicant for a charter license(s) meets the following
minimum conditions:
(1) maintains an existing
open-enrollment public charter school charter from the authorizer; and
(2) meets the requirements of
Section 6.05 of these rules. Source: Current rule and Ark. Code Ann.
§
6-23-304.
3.15 "Local school board" means a board of
directors exercising the control and management of a public school district.
For the purposes of these rules, "local school board" also refers to the board
of directors of a school district where a public charter school will be
physically located. Source: Current rule and Ark. Code Ann. §
6-23-103(7).
3.16 "Net assets" refers to the status of
particular items upon the occurrence of the dissolution, nonrenewal, or
revocation of the charter, with the purpose being to identify publicly-funded
unencumbered assets as property of the state at that point. Specifically, "net
assets" refer to any unencumbered asset for which public funds were spent.
Source: Attorney General Opinion No. 2007-204
3.17 "Open-enrollment public charter school"
means a public school that:
3.17.1 Is
operating under the terms of a charter granted by the authorizer on the
application of an eligible entity;
3.17.2 May draw its students from any public
school district in this state; and
3.17.3 Is a local educational agency under
the Elementary and Secondary Education Act of 1965,
20
U.S.C. §
7801, as it existed on April
10, 2009.
3.17.4 "Open-enrollment
public charter school" also possesses the same meaning as given the term
"charter school" in the Elementary and Secondary Education Act of 1965,
20 U.S.C. §
722li, as it existed on April 10,2009.
Source: Ark. Code Ann. § 6-23-103(8).
3.18 "Parent" means any
parent, legal guardian, or other person having custody or charge of a
school-age child. Source: Ark. Code Ann. §
6-23-103(9).
3.19 "Public school" means a school that is
part of a public school district under the control and management of a local
school board. Source: Ark. Code Ann. §
6-23-103(10).
3.20 "Public charter school" means a
conversion public charter school, an open-enrollment public charter school, or
a limited public charter school. Source: Ark. Code Ann. §
6-23-103(11).
3.21 "Sectarian" means of or relating to a
particular religious sect. Source: Black's Law Dictionary,
8th Ed., 2004.
3.22 "Short-term Line of Credit" means any
financial obligation or obligations incurred by a public charter school as the
result of an agreement by a lender or potential creditor to advance funds often
thousand dollars ($10,000.00) or more in the form of:
3.22.1 A loan (or combination of loans) that
is payable in full in less than three hundred sixty-five (365) days from the
date on which the financial obligation is incurred; or
3.22.2 A loan (or combination of loans) that
does not define a date certain at which the loan is payable in full.
4.00
RULES
APPLICABLE TO ALL PUBLIC CHARTER SCHOOLS
4.01 Charter Form for Public Charter Schools
- Requirements - Revision
4.01.1 A charter
for a public charter school shall:
4.01.1.1 Be
in the form of a written contract signed by the Commissioner of Education and
the chief operating officer of the public charter school;
4.01.1.2 Satisfy the requirements of Title 6,
Chapter 23 of the Arkansas Code and of these rules; and
4.01.1.3 Ensure that the information required
under Ark. Code Ann. §
6-23-404
is consistent with the information provided in the application and any
modification that the authorizer may require.
4.01.2 Any revision or amendment of the
charter for a public charter school may be made only with the approval of the
authorizer.
Source: Ark. Code Ann. § 6-23-104
4.02
Authorizer Hearing Notice Requirements
4.02.1
For applications for a public charter school, the public charter school
applicant shall submit its application according to a schedule set forth by the
State Board of Education.
4.02.2
For renewal requests for a public charter school, the public charter school
applicant shall submit its renewal request according to a schedule set forth by
the State Board of Education.
4.02.3 Requests seeking amendments to current
charters will be heard at the authorizer meetings in February and October of
each year.
4.02.4 For requests
seeking authorizer approval for a change in the physical location of a public
charter school, the public charter school applicant shall submit such request
not later than thirty-five (35) days prior to the date of the authorizer
meeting at which the request will be heard. For open-enrollment public charter
schools, each such request shall be contemporaneously sent by the applicant to
the superintendent of the local school district in which the public charter
school is located.
4.02.4.1 For the purposes
of these rules, a change in the physical location of a public charter school
means a relocation of a public charter school from its present
location.
4.02.4.2 Requests for a
change in the physical location of a public charter school shall include maps
of the present and proposed future locations of the charter school, and shall
identify the local public school district in which the proposed future location
will be located.
4.02.4.3 Not later
than seven (7) days after receipt of the request to change the physical
location of a public charter school, the Commissioner of Education may, in
writing, require the public charter school, the local school district and the
Department of Education to submit additional information, including without
limitation a desegregation analysis, concerning the proposed change in the
physical location of the public charter school. Should the Commissioner of
Education require the submission of such additional information, he or she
shall modify the deadlines contained in Sections 4.04.4, 4.04.5, 4.04.6 of
these rules accordingly.
4.02.5 For requests seeking authorizer
approval for other amendments to a public school charter, the public charter
school applicant shall submit such request not later than thirty-five (35) days
prior to the date of the authorizer meeting at which the request will be heard.
For open-enrollment public charter schools, each such request shall be
contemporaneously sent by the applicant to the superintendent of the local
school district in which the public charter school will be located.
4.02.6 For requests seeking authorizer
approval for licenses for an existing open-enrollment public charter school,
the open-enrollment public charter school applicant shall submit such request
for license not later than thirty-five (35) days prior to the date of the
authorizer meeting at which the request will be heard. Each such request shall
be contemporaneously sent by the applicant to the superintendent of the local
school district in which the public charter school will be located.
4.02.7 Under circumstances involving imminent
peril to the health, welfare, or safety of students, or under circumstances
that may negatively impact the continuation of educational services offered by
the public charter school, and upon written request from the public charter
school, the Commissioner of Education or his or her designee may waive the
requirements set forth in Sections 4.02.3 through Sections 4.02.6 of these
rules. The decision of whether to grant such a waiver is within the sole
discretion of the Commissioner of Education or his or her designee. If the
Commissioner of Education, or his or her designee, grants such a waiver, he or
she shall also adjust the resulting deadlines for local school districts and
Department of Education staff contained in Sections 4.04.5 and 4.04.6 of these
rules.
4.03 Basis and
Procedure for Public Charter School Probation or Charter Modification,
Revocation or Denial of Renewal
4.03.1 The
authorizer may place a public charter school on probation or may modify,
revoke, or deny renewal of its charter if the authorizer determines that the
persons operating the public charter school:
4.03.1.1 Committed a material violation of
the charter, including failure to satisfy accountability provisions prescribed
by the charter;
4.03.1.2 Failed to
satisfy generally accepted accounting standards of fiscal management;
4.03.1.3 Failed to comply with this Title 6,
Chapter 23 of the Arkansas Code or other applicable law or regulation;
or
4.03.1.4 Failed to meet academic
or fiscal performance criteria deemed appropriate and relevant for the public
charter school by the authorizer.
4.03.1.5 Pursuant to the federal mandate
contained in PL. 111-117, 123 Stat. 3264, the authorizer will consider
increases in student academic achievement for all groups of students described
in Section 1111 (b)(2)(C)(v) of the Elementary and Secondary Education Act as a
primary factor in determining whether to non-renew or revoke a public charter
school's charter. However, any one of the circumstances listed in Sections
4.03.1.1 through 4.03.1.4 of these rules may be reason enough to non-renew or
revoke a public charter school's charter.
4.03.2 Any action the authorizer may take
under Ark. Code Ann. §
6-23-105
and Section 4.02 of these rules shall be based on the best interests of the
public charter school's students, the severity of the violation, and any
previous violation the public charter school may have committed.
4.03.3 The authorizer's procedures for
placing a public charter school on probation or modifying, revoking, or denying
renewal of the school's charter can be found in these rules as follows:
4.03.3.1 Conversion public charter schools:
Section 5.07
4.03.3.2
Open-enrollment public charter schools: Section 6.24
4.03.3.3 Limited public charter schools:
Section 7.12
4.03.4
There is no further right of appeal beyond the determination of the authorizer
except as set forth in Sections 9.00 and 10.00 of these Rules.
4.03.5 The Arkansas Administrative Procedure
Act, §
25-15-201 et
seq., shall not apply to any hearing concerning a public charter school.
Source: Ark. Code Ann. § 6-23-105.
4.04 Impact on School
Desegregation Efforts
4.04.1 The applicants
for a public charter school, the local school board for the district in which
the proposed public charter school would be located, and the authorizer shall
carefully review the potential impact of an application for a public charter
school on the efforts of a public school district or public school districts to
comply with court orders and statutory obligations to create and maintain a
unitary system of desegregated public schools.
4.04.2 The authorizer shall attempt to
measure the likely impact of a proposed public charter school on the efforts of
public school districts to achieve and maintain a unitary system.
4.04.3 The authorizer shall not approve any
public charter school under Title 6, Chapter 23, or any other act or any
combination of acts that hampers, delays, or in any manner negatively affects
the desegregation efforts of a public school district or public school
districts in this state.
4.04.4 A
public charter school or applicant shall provide to the Department of
Education, with a copy to the local school board for the school district in
which the public charter school is or will be located, a desegregation analysis
carefully reviewing the potential impact of the public charter school's
application or request on the efforts of a public school district or public
school districts to comply with court orders and statutory obligations to
create and maintain a unitary system of desegregated public schools:
4.04.4.1 In its application for a public
charter school charter;
4.04.4.2 In
its renewal request for its existing public charter school charter;
4.04.4.3 In its request to change the
physical location of its existing charter school if required by the
Commissioner of Education in accordance with Section 4.02.3 of these
rules;
4.04.4.4 In any request to
amend its existing charter to increase its enrollment cap or add grade levels;
and
4.04.4.5 For an existing
open-enrollment public charter school, in any request for a license.
4.04.5 The local school board of
the school district in which the proposed public charter school is or will be
located may provide to the Department of Education, with a copy to the public
charter school or applicant, a desegregation analysis carefully reviewing the
potential impact of an application for a public charter school, or a request
under Section 4.04.4 above, on the efforts of a public school district or
public school districts to comply with court orders and statutory obligations
to create and maintain a unitary system of desegregated public schools:
4.04.5.1 Not later than twenty (20) days
prior to the authorizer's consideration of an application of a public charter
school;
4.04.5.2 Not later than
twenty (20) days prior to the authorizer's consideration of a proposed renewal
of a public charter school;
4.04.5.3 Not later than twenty (20) days
prior to the authorizer's consideration of a change in the physical location of
a public charter school if required by the Commissioner of Education in
accordance with Section 4.02.3 of these rules;
4.04.5.4 Not later than twenty (20) days
prior to the authorizer's consideration of a proposed amendment to a public
charter that includes an increased enrollment cap or the addition of grade
levels; and
4.04.4.5 Not later than
twenty (20) days prior to the authorizer's consideration of a proposed license
for an existing open-enrollment public charter school.
4.04.5.6 Failure of the local school board of
the district in which the proposed public charter school will be located to
submit to the Department of Education a desegregation analysis as set forth
above shall result in a waiver of the local school board's right to submit such
a desegregation analysis to the authorizer.
4.04.6 In accordance with Section 4.04 of
these rules, the Department of Education staff shall submit to the authorizer,
with copies to the public charter school or applicant and the local school
board of the school district in which the public charter school is or will be
located, a desegregation analysis:
4.04.6.1
Not later than ten (10) days prior to the authorizer's consideration of an
application of a public charter school;
4.04.6.2 Not later than ten (10) days prior
to the authorizer's consideration of a proposed renewal of a public charter
school;
4.04.6.3 Not later than ten
(10) days prior to the authorizer's consideration of a change in physical
location of a public charter school if required by the Commissioner of
Education in accordance with Section 4.02.3 of these rules;
4.04.6.4 Not later than ten (10) days prior
to the authorizer's consideration of a proposed amendment to a public charter
that includes an increased enrollment cap or the addition of grade
levels;
4.04.6.5 Not later than ten
(10) days prior to the authorizer's consideration of a proposed license for an
existing open-enrollment public charter school; and
4.04.6.5 At any other time as directed by the
authorizer or the Commissioner of Education.
4.04.6.6 The Department of Education's
desegregation analysis will include as attachments the desegregation analyses
provided by the applicant or public charter school and the local school board
in which the public charter school is or will be located.
Source: Ark. Code Ann. § 6-23-106.
4.05
Observance of Anti-Discrimination Laws
4.05.1
All public charter schools shall observe and comply with all antidiscrimination
laws, both federal and state, except where otherwise exempted under federal
charter school law.
4.05.2 All
public charter schools are responsible for meeting the requirements of the
Individuals with Disabilities Act (IDEA) and these rules.
4.05.3 All public charter schools are
responsible for meeting the requirements of Section 504 of the Rehabilitation
Act.
Source: Current rules as modified.
4.06 Reporting Requirements
4.06.1 Within ten (10) calendar days of the
close of the first quarter of each school year, a public charter school shall
submit a written report to the Department of Education that contains the
following information for the current school year:
4.06.1.1 The number of applications for
enrollment received;
4.06.1.2 The
number of applicants with a disability identified under the Individuals with
Disabilities Act,
20 U.S.C. §
1400 et seq.; and
4.06.1.3 The number of applications for
enrollment the public charter school denied and an explanation of the reason
for each denial.
4.06.2
Within ten (10) calendar days of the close of the fourth quarter of each school
year, a public charter school shall submit a written report to the Department
of Education that contains the following information for the current school
year:
4.06.2.1 The number of students in each
of the following categories:
4.06.2.1.1
Students who dropped out of the public charter school during the school
year;
4.06.2.1.2 Students who were
expelled during the school year by the public charter school;
4.06.2.1.3 Students who were enrolled in the
public charter school but for a reason other than those cited under Sections
4.06.2.1.1 and 4.06.2.1.2 did not complete the school year at the public
charter school;
4.06.2.1.4 Students
identified in Sections 4.06.2.1.1 through 4.06.2.1.3 who transferred to another
open-enrollment public charter school;
4.06.2.1.5 Students identified in Sections
4.06.2.1.1 through 4.06.2.1.3 who transferred to a private school;
4.06.2.1.6 Students identified in Sections
4.06.2.1.1 through 4.06.2.1.3 who transferred to a home school;
4.06.2.1.7 Students identified in Sections
4.06.2.1.1 through 4.06.2.1.3 who transferred to a school outside of Arkansas;
and
4.06.2.1.8 Students identified
in Sections 4.06.2.1.1 through 4.06.2.1.3 who transferred to a traditional
public school district within Arkansas.
4.06.2.1.9 The report shall identify the
dates of transfer for all students identified in Section 4.06.2.1.8.
4.06.2.2 For all students enrolled
in the public charter school, the scores for assessments required under the
Arkansas Comprehensive Testing, Assessment, and Accountability Program Act,
§
6-15-401 et seq.,
including without limitation benchmark assessments and end-of-course
assessments
4.06.2.3 If there is
any discrepancy in the number of students for whom scores are reported under
Section 4.06.2.2 of these rules, and the number of students enrolled at the
beginning of the school year, the public charter school shall explain in the
report the reason for the discrepancy.
4.06.3 The Department of Education shall not
exempt a public charter school from the reporting required under Section 4.06
of these rules.
4.06.4 The
Department of Education shall publish a copy of each report on the department's
website.
4.06.5 If a public charter
school fails to comply with Ark. Code Ann. §
6-23-107
and Section 4.06 of these rules, the Department of Education shall note the
failure in the annual evaluation of the public charter school.
4.06.6 Every public charter school shall
furnish any other information, record, or report requested by the Department of
Education Charter School Office unless disclosure of the information, record,
or report is explicitly prohibited by court order or by federal or state
law.
4.06.7 The Department of
Education Charter School Office shall, at least annually, post on the
Department of Education's website a list of deadlines for which legally
required reports are due from the public charter school to the Department of
Education.
Source: Ark. Code Ann. § 6-23-107 -Act 993 of 2011.
4.07 Public Charter Schools Receiving Federal
Dissemination Grants from the Arkansas Department of Education
4.07.1 Public Charter Schools that receive
federal dissemination grant funds from the Department of Education shall, by
July 1 of each year, provide the Department of Education Charter School Office
with a list of the public charter school's best or promising practices in
accordance with their approved dissemination grant applications.
4.07.2 By August 1 of each year, the
Department of Education Charter School Office will post a link of each public
charter school's best or promising practices on the Department of Education's
website.
4.08
Application Process, Schedule and Forms
4.08.1
A procedure for establishing a public charter school shall be published by the
Department of Education as approved by the State Board.
4.08.2 All dates and requirements listed in
the procedures for establishing a public charter school shall be strictly
followed by the public charter school applicant.
4.08.3 If all dates and requirements listed
in the procedures for establishing a public charter school are not strictly
followed by the public charter school applicant, the authorizer may refuse to
consider the application.
4.08.4
Application forms and other documents needed for the public charter school
application process shall be provided by the Arkansas Department of Education
Charter School Office and are incorporated into these rules as if fully set
forth herein.
4.08.5 Any requests
for technical assistance by a charter applicant shall be made to the Arkansas
Department of Education Charter School Office.
4.08.6 Letter of Intent: Each public charter
school letter of intent shall be submitted by the potential applicant by
certified mail, hand delivery or by electronic means and must be received by
the Department of Education Charter School Office on or before the established
deadline. The Department of Education Charter School Office may refuse to
process or review any letter of intent not received by the established
deadline.
4.08.7 Charter
Application: Each public charter school application shall be submitted by the
applicant by certified mail, hand delivery or by electronic means and must be
received by the Department of Education Charter School Office on or before the
established deadline. The Department of Education Charter School Office may
refuse to process or review any application not received by the established
deadline.
4.08.8 The Department of
Education shall review the application for a public charter school and present
to the authorizer a written evaluation of the application. The Department's
evaluation shall be sent to the public charter school applicant.
4.08.9 The public charter school applicant
shall be allowed an opportunity to submit a written response to the Arkansas
Department of Education's evaluation by an established deadline.
4.08.10 The Department of Education may
require additional information from a
charter applicant to be delivered by the charter applicant in oral or written form, or both.
5.00
RULES APPLICABLE TO CONVERSION
PUBLIC CHARTER SCHOOLS
5.01
Application for Conversion Public Charter School Status
5.01.1 Any public school district may apply
to the authorizer for conversion public charter school status for a public
school in the public school district in accordance with a schedule approved by
the State Board. The authorizer shall not approve an application for conversion
public charter school status that has not first been approved by the school
district's board of directors.
5.01.2 A public school district's application
for conversion public charter school status for the public school may include,
without limitation, the following purposes:
5.01.2.1 Adopting research-based school or
instructional designs, or both, that focus on improving student and school
performance;
5.01.2.2 Addressing
school improvement status resulting from sanctions listed in Ark. Code Ann.
§§
6-15-207(c)(8)
and
6-15-429(a) and
(b);or
5.01.2.3 Partnering with other public school
districts or public schools to address students' needs in a geographical
location or multiple locations.
5.01.3 An application for a conversion public
charter school shall:
5.01.3.1 Describe the
results of a public hearing called by the local school board for the purpose of
assessing support of an application for conversion public charter school
status.
5.01.3.2 Notice of the
public hearing shall be:
5.01.3.2.1
Distributed to the community, licensed personnel, and the parents of all
students enrolled at the public school for which the public school district
initiated the application; and
5.01.3.2.2 Published in a newspaper having
general circulation in the public school district at least three (3) weeks
prior to the date of the meeting;
5.01.3.3 Describe a plan for school
improvement that addresses how the conversion public charter school will
improve student learning and meet the state education goals;
5.01.3.4 Outline proposed performance
criteria that will be used during the initial five-year period of the charter
to measure the progress of the conversion public charter school in improving
student learning and meeting or exceeding the state education goals;
5.01.3.5 Describe how the licensed employees
and parents of the students to be enrolled in the conversion public charter
school will be involved in developing and implementing the school improvement
plan and identifying performance criteria;
5.01.3.6 Describe how the concerns of
licensed employees and parents of students enrolled in the conversion public
charter school will be solicited and addressed in evaluating the effectiveness
of the improvement plan; and
5.01.3.7 List the specific provisions of
Title 6 of the Arkansas Code and the specific rules and regulations promulgated
by the State Board from which the public charter school will be
exempt.
5.01.4 A
licensed teacher employed by a public school in the school year immediately
preceding the effective date of a charter for a public school conversion within
that public school district may not be transferred to or be employed by the
conversion public charter school over the licensed teacher's objection, nor
shall that objection be used as a basis to deny continuing employment within
the public school district in another public school at a similar grade
level.
5.01.5 If the transfer of a
teacher within the public school district is not possible because only one (1)
public school exists for that teacher's certification level, then the local
school board shall call for a vote of the licensed teachers in the proposed
conversion public charter school site and proceed, at the local school board's
option, with the conversion public charter school application if a majority of
the licensed teachers approve the proposal.
Source: Ark. Code Ann. § 6-23-201.
5.02 Authorization for
Conversion Public Charter School Status
5.02.1 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:
5.02.1.1 Provides a plan for improvement at
the school level for improving student learning and for meeting or exceeding
the state education goals;
5.02.1.2
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;
5.02.1.3 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
5.02.1.4 Includes an agreement
to provide a yearly report to parents, the community, the local school board,
and the authorizer that indicates the progress made by the conversion public
charter school in meeting the performance objectives during the previous year.
Source: Ark. Code Ann. § 6-23-202.
5.03
Resubmission of Conversion Public Charter School Applications
5.03.1 The authorizer may allow applicants to
resubmit applications for conversion public charter school status if the
original application was, in the opinion of the authorizer, deficient in one
(1) or more respects.
5.03.2 The
Department of Education may provide technical assistance to the conversion
public charter school applicants in the creation or modification of these
applications.
Source: Ark. Code Ann. § 6-23-203
5.04
Public Conversion Charter School Renewal: The authorizer is authorized to renew
charters of conversion public charter schools on a one-year or multiyear basis,
not to exceed five (5) years, after the initial five-year period if the renewal
is approved by the local school board.
Source: Ark. Code Ann. § 6-23-204
5.05 Teacher
Hires when Charter Revoked: If a licensed teacher employed by a public school
district in the school year immediately preceding the effective date of the
charter is employed by a conversion public charter school and the charter is
revoked, the licensed teacher will receive a priority in hiring for the first
available position for which the licensed teacher is qualified in the public
school district where the licensed teacher was formerly employed.
5.06 Authorizer Hearing Procedures Related to
Conversion Public Charter Schools (Application, Renewal, or Request for Charter
Amendment)
5.06.1 All persons, with the
exception of the attorneys representing the parties, who plan to provide
testimony during the hearing must be sworn by a certified court
reporter.
5.06.2 The conversion
public charter school or applicant shall have twenty (20) minutes to present
its case to the authorizer for approval of the proposed conversion public
charter school, renewal, or amendment. The Chair of authorizing body may grant
additional time, if necessary.
5.06.3 Parties opposed to the conversion
public charter school application, renewal, or amendment, if any, shall have
twenty (20) minutes to present their case to the authorizer for disapproval of
the proposed conversion public charter school, renewal, or amendment. The Chair
of the authorizing body may grant additional time, if necessary.
5.06.4 The conversion public charter school
or applicant shall have five (5) minutes to respond to any arguments in
opposition to the conversion public charter school application, renewal, or
amendment. The Chair of the authorizing body may grant additional time, if
necessary.
5.06.5 The authorizer
will follow the presentation with discussion of the conversion public charter
school application or request and questions, if any, to the conversion public
charter school or applicant, opposing parties, or both.
5.06.6 The authorizer may issue a final
decision at the hearing or take the matter under advisement until a future
scheduled meeting.
5.06.7 The
authorizer may defer the vote to approve or disapprove a charter application,
renewal, or amendment in order to allow a public charter school or applicant to
make modifications or receive technical assistance to correct deficiencies in
the application or request.
Note: Additional requirements pertaining to hearings involving the Department of Education as authorizer may be found in Section 9.00 of these Rules. Additional requirements pertaining to hearings involving the State Board of Education as authorizer may be found in Section 10.00 of these Rules.
5.07 Authorizer Hearing Procedures Related to
Conversion Public Charter Schools (Modification, Probation or Revocation of
Charter)
5.07.1 Not later than twenty (20)
days prior to the authorizer meeting at which the matter of modification,
probation or revocation will be considered, the Department of Education shall
provide written notice of the reason(s) for the proposed action, as well as of
the time and location of such hearing, to the conversion public charter
school.
5.07.2 All persons, with
the exception of the attorneys representing the parties, who plan to provide
testimony during the hearing must be sworn by a certified court
reporter.
5.07.3 Arkansas
Department of Education staff shall have twenty (20) minutes to present its
case to the authorizer for modification, probation, or revocation of a
conversion public charter school charter. The Chair of the authorizing body may
grant additional time, if necessary.
5.07.4 The conversion public charter school
shall have twenty (20) minutes to present its case to the authorizer for
regarding the proposed modification, probation, or revocation of the conversion
public charter school charter. The Chair of the authorizing body may grant
additional time, if necessary.
5.07.5 The authorizer will follow the
presentation with discussion of the matter and questions, if any, to
representatives from the Department of Education, the conversion public charter
school, or both.
5.07.6 The
authorizer may issue a final decision at the hearing or take the matter under
advisement until a future scheduled meeting.
Note: Additional requirements pertaining to hearings involving the Department of Education as authorizer may be found in Section 9.00 of these Rules. Additional requirements pertaining to hearings involving the State Board of Education as authorizer may be found in Section 10.00 of these Rules.
6.00
RULES APPLICABLE TO
OPEN-ENROLLMENT PUBLIC CHARTER SCHOOLS
6.01 Application for an Open-Enrollment
Public Charter School
6.01.1 Pursuant to
Title 6, Chapter 23 of the Arkansas Code and these rules, an eligible entity
may apply to the authorizer to grant a charter for an open-enrollment public
charter school to operate in a facility of a commercial or nonprofit entity or
a public school district. As noted in Section 6.17.11 of these Rules, an
open-enrollment public charter school shall have the right of first refusal to
purchase or lease for fair market value a closed public school facility or
unused portions of a public school facility located in a public school district
from which it draws students if the public school district decides to sell or
lease the public school facility.
6.01.2 The authorizer shall adopt an
application form, schedule, and a procedure that must be used to apply for an
open-enrollment public charter school. The State Board shall adopt any
applications, forms, schedules and procedures that are required to be
promulgated through the Administrative Procedure Act.
6.01.3 The authorizer shall adopt, in
conjunction with the application form adopted under section 6.01.2 of these
Rules, a scoring rubric that shall constitute criteria to inform the
authorizer's approval of a program for which an open-enrollment public charter
may be granted. The State Board shall adopt any rubric that is required to be
promulgated through the Administrative Procedure Act.
6.01.4 The application to the authorizer for
an open-enrollment public charter school shall be made in accordance with a
schedule approved by the authorizer. The State Board shall adopt any schedule
that is required to be promulgated through the Administrative Procedure
Act.
6.01.5 The application form
must provide space for including all information required under Title 6,
Chapter 23 and these rules to be contained in the charter.
6.01.6 The application for an open-enrollment
public charter school shall:
6.01.6.1
Describe the results of a public hearing called by the applicant for the
purpose of assessing support for an application for an open-enrollment public
charter school.
6.01.6.1.1 Notice of the
public hearing shall be published one (1) time a week for three (3) consecutive
weeks in a newspaper having general circulation in the public school district
in which the open-enrollment public charter school is likely to be located.
6.01.6.1.1.1 The last publication of notice
shall be no less than seven (7) days before the public meeting.
6.01.6.1.1.2 The notice shall not be
published in the classified or legal notice section of the newspaper.
6.01.6.1.2 Within seven (7)
calendar days following the first publication of notice required under Section
6.01.6.1.1 of these rules, letters announcing the public hearing shall be sent
to the superintendent of each of the public school districts from which the
open-enrollment public charter school is likely to draw students for the
purpose of enrollment and the superintendent of any public school district that
is contiguous to the public school district in which the open-enrollment public
charter school will be located.
6.01.6.1.3 An affected school district may
submit written comments concerning the application to the authorizer to be
considered at the time of the authorizer's review of the application.
6.01.6.2 Describe a plan for
academic achievement that addresses how the open-enrollment public charter
school will improve student learning and meet the state education
goals;
6.01.6.3 Outline the
proposed performance criteria that will be used during the initial five-year
period of the open-enrollment public charter school operation to measure its
progress in improving student learning and meeting or exceeding the state
education goals;
6.01.6.4 List the
specific provisions of Title 6 of the Arkansas Code and the specific rules and
regulations promulgated by the State Board from which the open-enrollment
public charter school seeks to be exempted;
6.01.6.5 Describe the facility to be used for
the open-enrollment public charter school and state the facility's current use.
6.01.6.5.1 If the facility to be used for an
open-enrollment public charter school is a public school district facility, the
open-enrollment public charter school must operate in the facility in
accordance with the terms established by the local school board of the public
school district in an agreement governing the relationship between the
open-enrollment public charter school and the public school district.
6.01.6.5.2 If the facility that will be used
for the open-enrollment public charter school is owned by or leased from a
sectarian organization, the terms of the facility agreement must be disclosed
to the authorizes
6.01.6.6 Include a detailed budget and a
governance plan for the operation of the open-enrollment public charter
school.
6.01.7 Review
and Approval by the Local School Board:
6.01.7.1 The application may be reviewed and
approved by the local school board of the public school district in which the
proposed open-enrollment public charter school will operate.
6.01.7.2 Any decision by the local school
board approving or disapproving the application must be made within forty-five
(45) days of the local school board's receipt of the application.
6.01.7.3 The applicant may submit to the
authorizer for expedited review an application approved by the local school
board under Section 6.01.7.1 of these rules.
6.01.7.4 If the local school board
disapproves the application, or if the local school board takes no action in
the time allowed by Section 6.01.7.2 of these Rules, the applicant shall have
an immediate right to proceed with a written notice of appeal to the
authorizer.
6.01.7.5 The authorizer
shall hold a hearing within forty-five (45) calendar days after receipt of the
notice of appeal or a request for review, unless the applicant and the local
school board agree to a later date.
6.01.7.6 All interested parties may appear at
the hearing and present relevant information regarding the
application.
6.02 A licensed teacher employed by a public
school district in the school year immediately preceding the effective date of
a charter for an open-enrollment public charter school operated at a public
school facility may not be transferred to or be employed by the open-enrollment
public charter school over the licensed teacher's objections.
Source: Ark. Code Ann. §§ 6-23-301 and 6-23-302 as amended by Act 993 of 2011
6.03 Authorization for an Open-Enrollment
Public Charter School
6.03.1 As requested by
the applicant for an open-enrollment public charter school, the authorizer
shall review the application for an open-enrollment public charter school and
may approve any application that:
6.03.1.1
Provides a plan for academic achievement that addresses how the open-enrollment
public charter school proposes to improve student learning and meet the state
education goals;
6.03.1.2 Includes
a set of performance criteria that will be used during the initial five-year
period of the open-enrollment public charter school's operation to measure its
progress in meeting its academic performance goals;
6.03.1.3 Includes a proposal to directly and
substantially involve the parents of students to be enrolled in the
open-enrollment public charter school, the licensed employees, and the broader
community in carrying out the terms of the open-enrollment charter;
6.03.1.4 Includes an agreement to provide an
annual report to parents, the community, and the authorizer that demonstrates
the progress made by the open-enrollment public charter school during the
previous academic year in meeting its academic performance
objectives;
6.03.1.5 Includes a
detailed budget, a business plan, and a governance plan for the operation of
the open-enrollment public charter school; and
6.03.1.6 Establishes the eligible entity's
status as a tax-exempt organization under § 501(c)(3) of the Internal
Revenue Code of 1986 prior to the first day of its operation with students.
Source: Ark. Code Ann. § 6-23-303
6.04 Other Application Requirements -
Preference for Certain Districts
6.04.1 The
authorizer may approve or deny an application based on:
6.04.1.1 Criteri a provi ded by 1
aw;
6.04.1.2 Criteria provided by
rule adopted by the authorizer under section 6.01.3 of these Rules;
6.04.1.3 Findings of the authorizer relating
to improving student performance and encouraging innovative programs;
and
6.04.1.4 Written findings or
statements received by the authorizer from any public school district likely to
be affected by the open-enrollment public charter school.
6.04.2 The authorizer shall give preference
in approving an application for an open-enrollment public charter school to be
located in any public school district:
6.04.2.1 When the percentage of students who
qualify for free or reduced-price lunches is above the average for the
state;
6.04.2.2 When the district
has been classified by the State Board as in academic distress under Ark. Code
Ann. §
6-15-428; or
6.04.2.3 When the district has been
classified by the Department of Education as in some phase of school
improvement status under Ark. Code Ann. §
6-15-426 or some phase
of fiscal distress under the Arkansas Fiscal Assessment and Accountability
Program, §
6-20-1901 et seq., if the
fiscal distress status is a result of administrative fiscal mismanagement, as
determined by the State Board.
6.04.3 The Department of Education, State
Board, or a combination of the department and the State Board may grant no more
than a total of twenty-four (24) charters for open-enrollment public charter
schools except as provided under Section 6.04.3.1 below.
6.04.3.1 If the cap on the number of charters
available for an open-enrollment public charter schools is within two (2)
charters of meeting any existing limitation or cap on available open-enrollment
charters, the number of available charters shall automatically increase by five
(5) slots more than the most recent existing limitation or cap on
open-enrollment charters.
6.04.3.2
By March 1 each year, the Department of Education shall issue a Commissioner's
Memo stating the existing limitation on the number of charters available for
open-enrollment public charter schools and the number of charters available for
open-enrollment public charter schools during the next application
cycle.
6.04.4 An
open-enrollment public charter applicant's school campus shall be limited to a
single open-enrollment public charter school per charter except as allowed in
Section 6.05 of these rules.
6.04.5
An open-enrollment public charter school shall not open in the service area of
a public school district administratively reorganized under Ark. Code Ann.
§
6-13-1601 et seq.,
until after the third year of the administrative reorganization.
6.04.6 A private or parochial elementary or
secondary school shall not be eligible for open-enrollment public charter
school status.
Source: Ark. Code Ann. § 6-23-304 as amended by Act 987 of 2011
6.05 Open-Enrollment Public Charter School
Licenses
6.05.1 A charter applicant that
receives an approved open-enrollment public charter may petition the authorizer
for additional licenses to establish an open-enrollment public charter school
in any of the various congressional districts in Arkansas if the applicant
meets the following conditions:
6.05.1.1 The
approved open-enrollment public charter applicant has demonstrated academic
success as defined by the State Board for all public schools;
6.05.1.2 The approved open-enrollment public
charter applicant has not:
6.05.1.2.1 Been
subject to any disciplinary action by the authorizer;
6.05.1.2.2 Been classified as in academic or
fiscal distress;
6.05.1.2.3 Had its
open-enrollment public charter placed on charter school probation or suspended
or revoked under Ark. Code Ann. §
6-23-105
or Section 4.03 of these rules; and
6.05.1.2.4 The authorizer determines in
writing by a majority of a quorum present that the open-enrollment public
charter applicant has generally established the educational program results and
criteria set forth in Section 6.05 of these rules.
Source: Ark. Code Ann. § 6-23-304 as amended by Act 993 of 2011
6.06 Resubmission of
Open-Enrollment Public Charter School Applications
6.06.1 If the authorizer disapproves an
application for an open-enrollment public charter school, the authorizer shall
notify the applicant in writing of the reasons for such disapproval.
6.06.2 The authorizer may allow the applicant
for an open-enrollment public charter school to resubmit its application if the
original application was found to be deficient by the authorizer.
6.06.3 The Department of Education may
provide technical assistance to the applicant for an open-enrollment public
charter school in the creation or modification of its application.
Source: Ark. Code Ann. § 6-23-305
6.07
Contents of Open-Enrollment Public Charters
6.07.1 An open-enrollment public charter
granted by the authorizer shall:
6.07.1.1
Describe the educational program to be offered;
6.07.1.2 Specify the period for which the
open-enrollment public charter or any renewal is valid;
6.07.1.3 Provide that the continuation or
renewal of the open-enrollment public charter is contingent on acceptable
student performance on assessment instruments adopted by the State Board and on
compliance with any accountability provision specified by the open-enrollment
public charter, by a deadline, or at intervals specified by the open-enrollment
public charter;
6.07.1.4 Establish
the level of student performance that is considered acceptable for the purposes
of Section 6.07.1.3 of these rules;
6.07.1.5 Specify any basis, in addition to a
basis specified by Title 6, Chapter 23 of the Arkansas Code or Section 4.03 of
these rules, on which the open-enrollment public charter school may be placed
on probation or its charter revoked or on which renewal of the open-enrollment
public charter school may be denied;
6.07.1.6 Prohibit discrimination in
admissions policy on the basis of gender, national origin, race, ethnicity,
religion, disability, or academic or athletic eligibility, except as follows:
6.07.1.6.1 The open-enrollment public charter
school may adopt admissions policies that are consistent with federal law,
regulations, or guidelines applicable to charter schools;
6.07.1.6.2 Consistent with the requirements
of Section 6.07.1.14.3 of these rules, the open-enrollment public charter
school may allow a weighted lottery to be used in the student selection process
when necessary to comply with Title VI of the federal civil rights act of 1964,
Title IX of the federal Education Amendments of 1972, the equal protection
clause of the Fourteenth Amendment to the United States Constitution, a court
order, or a federal or state law requiring desegregation; and
6.07.1.6.3 The open-enrollment public charter
may provide for the exclusion of a student who has been expelled from another
public school district in accordance with Title 6 of the Arkansas
Code.
6.07.1.7 Specify
the grade levels to be offered;
6.07.1.8 Describe the governing structure of
the program;
6.07.1.9 Specify the
qualifications to be met by professional employees of the program;
6.07.1.10 Describe the process by which the
persons providing the program will adopt an annual budget;
6.07.1.11 Describe the manner in which the
annual audit of the financial and programmatic operations of the program is to
be conducted, including the manner in which the persons providing the program
will provide information necessary for the public school district in which the
program is located to participate;
6.07.1.12 Describe the facilities to be used,
including the terms of the facility utilization agreement if the facility for
the open-enrollment public charter school is owned or leased from a sectarian
organization;
6.07.1.13 Describe
the geographical area, public school district, or school attendance area to be
served by the program;
6.07.1.14
Specify the methods for applying for admission, enrollment criteria, and
student recruitment and selection processes.
6.07.1.14.1 Except as provided in Section
6.07.1.14.2 of these rules, if more eligible students apply for a first-time
admission than the open-enrollment public charter school is able to accept by
the annual deadline that the open-enrollment public charter school has
established for the receipt of applications for the next school year, the
open-enrollment public charter must require the open-enrollment public charter
school to use a random, anonymous student selection method that shall be
described in the charter application.
6.07.1.14.1.1 If there are still more
applications for admissions than the open-enrollment public charter school is
able to accept after the completion of the random, anonymous student selection
method, then the open-enrollment public charter school shall place the
applicants on a waiting list for admission.
6.07.1.14.1.2 The waiting list is valid until
the next time the open-enrollment public charter school is required to conduct
a random, anonymous student selection.
6.07.1.14.2 However, an open-enrollment
public charter school may allow a preference for:
6.07.1.14.2.1 Children of the founding
members of the eligible entity. The number of enrollment preferences granted to
children of founding members shall not exceed ten percent (10%) of the total
number of students enrolled in the open-enrollment public charter school;
and
6.07.1.14.2.2 Siblings of
students currently enrolled in the open-enrollment public charter
school.
6.07.1.14.3 The
open-enrollment public charter may use a weighted lottery in the student
selection process only when necessary to comply with a:
6.07.1.14.3.1 Federal court order;
or
6.07.1.14.3.2 Federal
administrative order issued by an appropriate federal agency having proper
authority to enforce remedial measures necessary to comply with Title VI of the
federal Civil Rights Act of 1964, Title IX of the federal Education Amendments
of 1972 and the equal protection clause of the Fourteenth Amendment to the
United States Constitution.
6.07.1.15 Include a statement that the
eligible entity will not discriminate on the basis of race, sex, national
origin, ethnicity, religion, age, or disability in employment decisions,
including hiring and retention of administrators, teachers, and other employees
whose salaries or benefits are derived from any public moneys.
Source: Ark. Code Ann. § 6-23-306 as amended by Act 993 of 2011
6.08 Renewal of an Open-Enrollment Charter:
After the initial five-year period of an open-enrollment public charter, the
authorizer may renew the open-enrollment public charter on a one-year or
multiyear basis, not to exceed twenty (20) years.
Source: Ark. Code Ann. § 6-23-307 as amended by Act 993 of 2011
6.09 Priority Hiring for Teachers: If a
licensed teacher employed by a public school district in the school year
immediately preceding the effective date of the open-enrollment public charter
is employed by an open-enrollment public charter school and the open-enrollment
public charter is revoked, the licensed teacher will receive a priority in
hiring for the first available position for which the licensed teacher is
qualified in the school district where the licensed teacher was formerly
employed.
Source: Ark. Code Ann. § 6-23-308
6.10 Status
Report: The authorizer shall report on the status of the open-enrollment public
charter school programs to the General Assembly each biennium and to the House
Committee on Education and the Senate Committee on Education during the interim
between regular sessions of the General Assembly.
Source: Ark. Code Ann. § 6-23-310
6.11 Authority
under a Charter for Open-Enrollment Public Charter Schools
6.11.1 An open-enrollment public charter
school:
6.11.1.1 Shall be governed by an
eligible entity that is fiscally accountable under the governing structure as
described by the charter;
6.11.1.2
Shall provide instruction to students at one (1) or more elementary or
secondary grade levels as provided by the charter;
6.11.1.3 Shall retain the authority to
operate under the charter contingent on satisfactory student performance as
provided by the charter in accordance with Title 6, Chapter 23 of the Arkansas
Code and these rules;
6.11.1.4
Shall have no authority to impose taxes;
6.11.1.5 Shall not incur any debts without
the prior review and approval of the Commissioner of Education;
6.11.1.5.1 Requests for approval of debt must
be submitted to the Commissioner of Education by the open-enrollment public
charter school no later than thirty (30) days prior to the date upon which the
debt will be incurred.
6.11.1.5.2
Under circumstances involving imminent peril to the health, welfare, or safety
of students, or under circumstances that may negatively impact the continuation
of educational services offered by the public charter school, and upon written
request from the public charter school, the Commissioner of Education may waive
the thirty (30) day deadline set forth in Section 6.11.1.5.1 of these rules.
The decision of whether to grant such a waiver is within the sole discretion of
the Commissioner of Education.
6.11.1.6 Shall not enter into any short-term
line of credit, or receive any funds from a short-term line of credit, without
prior notice to the Commissioner of Education;
6.11.1.6.1 Notice of a short-term line of
credit must identify the lender or creditor, the principal amount, the interest
rate, and the payment terms;
6.11.1.6.2 No public funds may be used to
repay any short-term line of credit unless prior notice of the line of credit
was given to and received by the Commissioner of Education;
6.11.1.7 Shall not charge students
tuition or fees that would not be allowable charges in the public school
districts; and
6.11.1.8 Shall not
be religious in its operations or programmatic offerings.
6.11.2 An open-enrollment public charter
school is subject to any prohibition, restriction, or requirement imposed by
Title 6 of the Arkansas Code and any rule and regulation promulgated by the
State Board under Title 6 of the Arkansas Code relating to:
6.11.2.1 Monitoring compliance with Title 6
of the Arkansas Code, as determined by the Commissioner;
6.11.2.2 Public school accountability under
Title 6 of the Arkansas Code;
6.11.2.3 High school graduation requirements
as established by the State Board;
6.11.2.4 Special education programs as
provided by Title 6 of the Arkansas Code;
6.11.2.5 Conducting criminal background
checks for employees as provided by Title 6 of the Arkansas Code;
6.11.2.6 Health and safety codes as
established by the State Board and local governmental entities; and
6.11.2.7 Ethical guidelines and prohibitions
as established by Ark. Code Ann. §
6-24-101 et seq.,
and any other controlling state or federal law regarding ethics or conflicts of
interest.
Source: Ark. Code Ann. § 6-23-401
6.12 Enrollment Numbers and Deadline:
6.12.1 An open-enrollment public charter
school may enroll a number of students not to exceed the number of students
specified in its charter.
6.12.2
Any student enrolling in an open-enrollment public charter school shall enroll
in that school by the deadline established in Ark. Code Ann. §
6-23-402
for the upcoming school year during which the student will be attending the
open-enrollment public charter school.
6.12.3 However, if a student enrolled by the
deadline established in Ark. Code Ann. §
6-23-402
should no longer choose to attend the open-enrollment public charter school or
if the open-enrollment public charter school has not yet met its enrollment
cap, the open-enrollment public charter school may enroll a number of
replacement or additional students not to exceed the enrollment cap of the
open-enrollment public charter school.
6.12.4 Open-enrollment public charter schools
shall keep records of attendance in accordance with the law and submit
quarterly attendance reports to the Department of Education.
Source: Ark. Code Ann. § 6-23-402 as amended by Acts 989 and 993 of 2011
6.13 Annual Audit of Open-Enrollment Public
Charter School Required:
6.13.1 Any other
provision of the Arkansas Code or these rules notwithstanding, an
open-enrollment public charter school shall be subject to the same auditing and
accounting requirements as any other public school district in the
state.
6.13.2 An open-enrollment
public charter school shall prepare an annual certified audit of the financial
condition and transactions of the open-enrollment public charter school as of
June 30 each year in accordance with auditing standards generally accepted in
the United States and Government Auditing Standards issued by the Comptroller
General of the United States, and containing any other data as determined by
the State Board for all public schools.
6.13.3 If the school is an open-enrollment
public charter school in its first year of operation, the Legislative Auditor
shall prepare the required annual financial audit for the school unless:
6.13.3.1 The open-enrollment public charter
school chooses to retain the services of a licensed certified public accountant
in public practice in good standing with the Arkansas State Board of Public
Accountancy; and
6.13.3.2 The
authorizer approves the open-enrollment public charter school's use of an
entity other than the Legislative Auditor to prepare the annual financial
audit.
6.13.4 No
open-enrollment public charter school shall engage an accountant or accounting
firm to conduct any audit if the accountant or accounting firm is listed on any
ineligibility list maintained by the Department of Education or the Division of
Legislative Audit.
Source: Ark. Code Ann. §§ 6-23-403, 6-23-505, and 10-4-413 as amended by Act 993 of 2011.
6.14 Evaluation of Open-Enrollment Public
Charter Schools:
6.14.1 The Department of
Education shall cause to be conducted an annual evaluation of open-enrollment
public charter schools.
6.14.2 An
annual evaluation shall include, without limitation, consideration of:
6.14.2.1 Student scores under the statewide
assessment program described in Ark. Code Ann. §
6-15-433;
6.14.2.2 Student attendance;
6.14.2.3 Student grades;
6.14.2.4 Incidents involving student
discipline;
6.14.2.5 Socioeconomic
data on students' families;
6.14.2.6 Parental satisfaction with the
schools;
6.14.2.7 Student
satisfaction with the schools; and
6.14.2.8 The open-enrollment public charter
school's compliance with Ark. Code Ann. §
6-23-107
and Section 4.06 of these rules.
6.14.3 The authorizer may require the charter
holder to appear before the authorizer to discuss the results of the evaluation
and to present further information to the authorizer as the authorizer deems
necessary.
Source: Ark. Code Ann. § 6-23-404 as amended by Act 993 of 2011
6.15 Monthly Reports: An open-enrollment
public charter school in its initial school year of operation shall provide
monthly reports on its enrollment status and compliance with its approved
budget for the current school year to the Department of Education.
Source: Ark. Code Ann. § 6-23-405 as added by Act 993 of 2011
6.16 Department of Education Review: The
Department of Education shall:
6.16.1 Conduct
an end-of-semester review of each open-enrollment public charter school that is
in its initial school year of operation at the end of the first semester and at
the end of the school year; and
6.16.2 Report to the State Board and the
Commissioner of Education on the open-enrollment public charter school's:
6.16.2.1 Overall financial condition;
and
6.16.2.2 Overall condition of
student enrollment.
Source: Ark. Code Ann. § 6-23-406 as added by Act 993 of 2011
6.17 Funding for Open-Enrollment Public
Charter Schools
6.17.1 An open-enrollment
public charter school shall receive funds equal to the amount that a public
school would receive under Ark. Code Ann. §
6-20-2305(a) and
(b) as well as any other funding that a
public charter school is entitled to receive under law or under rules
promulgated by the State Board.
6.17.2 For the first year of operation and
any year the open-enrollment public charter school adds a new grade, the
foundation funding for an open-enrollment public charter school is determined
as follows:
6.17.2.1 The initial funding
estimate shall be based on enrollment as of the deadline established by Ark.
Code Ann. §
6-23-501;
6.17.2.2 In December, funding will be
adjusted based upon the first quarter average daily membership; and
6.17.2.3 A final adjustment will be made
after the current three-quarter average daily membership is
established.
6.17.3 For
the second year and each school year thereafter, the previous year's average
daily membership will be used to calculate foundation funding
amounts.
6.17.4 National school
lunch state categorical funding under Ark. Code Ann. §
6-20-2305(b)(4)
shall be provided to an open-enrollment public charter school as follows:
6.17.4.1 For the first year of operation and
in any year when a grade is added, free or reduced-price meal eligibility data
as reported by October 1 of the current school year will be used to calculate
the national school lunch state categorical funding under the State Board rules
governing special needs funding; and
6.17.4.2 For the second year and each school
year of operation thereafter, the previous year's October 1 national school
lunch student count as specified in State Board rules governing special needs
funding will be used to calculate national school lunch state categorical
funding for the open-enrollment public charter school.
6.17.5 Professional development funding under
Ark. Code Ann. §
6-20-2305(b)(5)
shall be provided to an open-enrollment public charter school for the first
year of operation and in any year in which a grade is added as follows:
6.17.5.1 In the first year of operation and
in any year when a grade is added, the open-enrollment public charter school
shall receive professional development funding based upon the initial projected
enrollment student count as of the date required by Ark. Code Ann. §
6-23-501
multiplied by the per-student professional development funding amount under
Ark. Code Ann. §
6-20-2305(b)(5)
for that school year.
6.17.5.2 For
the second year and each school year thereafter, professional development
funding will be based upon the previous year's average daily membership
multiplied by the per-student professional development funding amount for that
school year.
6.17.6 The
Department of Education shall distribute other categorical funding under Ark.
Code Ann. §
6-20-2305(a) and
(b) for which an open-enrollment public
charter school is eligible as provided by state law and rules promulgated by
the State Board.
6.17.7 An
open-enrollment public charter school shall not be denied foundation funding or
categorical funding in the first year or any year of operation provided that
the open-enrollment public charter school submits to the Department of
Education the number of students eligible for funding as specified in
applicable rules.
6.17.8 Foundation
funding for an open-enrollment public charter school shall be paid in twelve
(12) installments each fiscal year.
6.17.9 An open-enrollment public charter
school may receive any state and federal aids, grants, and revenue as may be
provided by law.
6.17.10
Open-enrollment public charter schools may receive gifts and grants from
private sources in whatever manner is available to public school
districts.
6.17.11 An
open-enrollment public charter school shall have a right of first refusal to
purchase or lease for fair market value a closed public school facility or
unused portions of a public school facility located in a public school district
from which it draws students if the public school district decides to sell or
lease the public school facility.
6.17.11.1
The public school district may not require lease payments that exceed the fair
market value of the property.
6.17.11.2 The application of this Section
6.17.11 is subject to the rights of a repurchase under Ark. Code Ann. §
6-13-103
regarding property taken by eminent domain.
6.17.11.3 A public school district is exempt
from the requirements of this Section 6.17.11 if the public school district,
through an open bid process, receives and accepts an offer to lease or purchase
the property from a purchaser other than the open-enrollment public charter
school for an amount that exceeds the fair market value.
6.17.11.4 The purposes of this Section
6.17.11 are to:
6.17.11.4.1 Acknowledge that
taxpayers intended a public school facility to be used as a public school;
and
6.17.11.4.2 Preserve the option
to continue that use.
6.17.11.5 Nothing in this Section 6.17.11 is
intended to diminish the opportunity for an Arkansas Better Chance program to
bid on the purchase or lease of the public school facility on an equal basis as
the open-enrollment public charter school.
Source: Ark. Code Ann. § 6-23-501 as amended by Acts 989 and 993 of 2011
6.18 Source of Funding for
Open-Enrollment Public Charter Schools
6.18.1
Open-enrollment public charter schools shall be funded each year through funds
set aside from funds appropriated to state foundation funding aid in the Public
School Fund.
6.18.2 The amount set
aside shall be determined by the State Board.
Source: Ark. Code Ann. § 6-23-502
6.19
Use of Funding by Open-Enrollment Public Charter Schools
6.19.1 An open-enrollment public charter
school may not use the moneys that it receives from the state for any sectarian
program or activity or as collateral for debt.
6.19.2 No indebtedness of any kind incurred
or created by the open-enrollment public charter school shall constitute an
indebtedness of the state or its political subdivisions, and no indebtedness of
the open-enrollment public charter school shall involve or be secured by the
faith, credit, or taxing power of the state or its political
subdivisions.
6.19.3 Every contract
or lease into which an open-enrollment public charter school enters shall
include the wording of Section 6.19.2 of these rules.
Source: Ark. Code Ann. § 6-23-503
6.20
Employee Benefits: Employees of an open-enrollment public charter school shall
be eligible to participate in all benefits programs available to public school
employees.
Source: Ark. Code Ann. § 6-23-504
6.21 Deposit and
Management of Charter School Funds
6.21.1 All
charter school funds, including state foundation funding, other state funding,
federal funding, and grants and private donations received directly by a
charter school, shall be deposited into a bank account titled in the name of
the charter school.
6.21.2
Non-charter school funds of the sponsoring entity shall be deposited in a
separate bank account titled in the name of the sponsoring entity and shall not
be commingled with charter school funds.
6.21.3 If the charter school operates an
approved federal child nutrition program, food service revenues shall be
deposited and managed as required by federal law and by any regulations
promulgated by the Arkansas Department of Education Child Nutrition Unit or the
Arkansas Department of Human Services.
6.21.4 Charter schools may, but are not
required to, secure bank accounts as detailed in Ark. Code Ann. §
6-20-222.
6.22 Assets of Open-Enrollment
Public Charter School as Property of State
6.22.1 Upon dissolution of the
open-enrollment public charter school or upon nonrenewal or revocation of the
charter, all net assets of the open-enrollment public charter school, including
any interest in real property, purchased with public funds shall be deemed the
property of the state, unless otherwise specified in the charter of the
open-enrollment public charter school.
6.22.2 If the open-enrollment public charter
school used state funds to purchase or finance personal property, real
property, or fixtures for use by the open-enrollment public charter school, the
Department of Education may require that the property be sold.
6.22.3 The state has a perfected priority
security interest in the net proceeds from the sale or liquidation of the
property to the extent of the public funds used in the purchase.
Source: Ark. Code Ann. § 6-23-506
6.23
Authorizer Hearing Procedures Related to Open-Enrollment Public Charter Schools
(Application, Renewal, or Request for Charter Amendment)
6.23.1 All persons, with the exception of the
attorneys representing the parties, who plan to provide testimony during the
hearing must be sworn by a certified court reporter.
6.23.2 The open-enrollment public charter
school or applicant shall have twenty (20) minutes to present its case to the
authorizer for approval of the proposed open-enrollment public charter school
application, renewal, or request. The Chair of the authorizing body may grant
additional time, if necessary.
6.23.3 Parties opposed to the open-enrollment
public charter school application, renewal, or request, if any, shall have
twenty (20) minutes to present its case to the authorizer for disapproval of
the proposed open-enrollment public charter school application, renewal, or
request. The Chair of the authorizing body may grant additional time, if
necessary.
6.23.4 The
open-enrollment public charter school or applicant shall have five (5) minutes
to respond to any arguments in opposition to the open-enrollment public charter
school application, renewal, or request. The Chair of the authorizing body may
grant additional time, if necessary.
6.23.5 The authorizer will follow the
presentation with discussion of the open-enrollment public charter school
application, renewal, or request, and questions, if any, to the open-enrollment
public charter school or applicant, opposing parties, or both.
6.23.6 The authorizer may issue a final
decision at the hearing or take the matter under advisement until a future
scheduled meeting.
6.23.7 The
authorizer may defer the vote to approve or disapprove a charter application,
renewal, or request in order to allow a public charter school or applicant to
make modifications or receive technical assistance to correct deficiencies in
the application, renewal, or request.
6.23.8 During the roll call vote on each
open-enrollment public charter initial application, if a particular member of
the authorizing body votes against the initial application, that member should
state his or her reasons for disapproval as necessary to comply with Ark. Code
Ann. §
6-23-305.
Note: Additional requirements pertaining to hearings involving the Department of Education as authorizer may be found in Section 9.00 of these Rules. Additional requirements pertaining to hearings involving the State Board of Education as authorizer may be found in Section 10.00 of these Rules.
6.24 Authorizer Hearing Procedures Related to
Open-Enrollment Public Charter Schools (Modification, Probation or Revocation
of Charter)
6.24.1 Not later than twenty (20)
days prior to the authorizer meeting at which the matter of modification,
probation or revocation will be considered, the Department of Education shall
provide written notice of the reason(s) for the proposed action, as well as of
the time and location of such hearing, to the open-enrollment public charter
school.
6.24.2 All persons, with
the exception of the attorneys representing the parties, who plan to provide
testimony during the hearing must be sworn by a certified court
reporter.
6.24.3 Arkansas
Department of Education staff shall have twenty (20) minutes to present its
case to the authorizer for modification, probation, or revocation of an
open-enrollment public charter school charter. The Chair of the authorizing
body may grant additional time, if necessary.
6.24.4 The open-enrollment public charter
school shall have twenty (20) minutes to present its case to the authorizer for
regarding the proposed modification, probation, or revocation of the
open-enrollment public charter school charter. The Chair of the authorizing
body may grant additional time, if necessary.
6.24.5 The authorizer will follow the
presentation with discussion of the matter and questions, if any, to
representatives from the Department of Education, the open-enrollment public
charter school, or both.
6.24.6 The
authorizer may issue a final decision at the hearing or take the matter under
advisement until a future scheduled meeting.
Note: Additional requirements pertaining to hearings involving the Department of Education as authorizer may be found in Section 9.00 of these Rules. Additional requirements pertaining to hearings involving the State Board of Education as authorizer may be found in Section 10.00 of these Rules.
6.25 Charter School Facilities
An open-enrollment public charter school shall not commence operations with students in any new or renovated facility unless the school has obtained for the new construction or renovation:
6.25.1 A certificate of occupancy issued by a
local code official approved by the state fire marshal;
6.25.2. A certificate of occupancy or other
approval of the state fire marshal; or
6.25.3 A certificate of substantial
completion issued by a licensed architect.
7.00
RULES APPLICABLE TO LIMITED
PUBLIC CHARTER SCHOOLS
7.01 Any public
school may apply to the Department of Education for limited public charter
school status for alternative comprehensive staffing and compensation programs
designed to enhance student and teacher performance and improve employee
salaries, opportunities, and incentives, to be known as a "limited public
charter school." The authorizer shall not approve an application for limited
public charter school status that has not first been approved by the school
district's board of directors.
7.02
A limited public charter school shall be for the purpose of instituting
alternative staffing practices in accordance with a schedule approved by the
authorizer.
7.03 A limited public
charter school shall be initially established for no more than five (5) years
and may be renewed on a one-year or multiyear basis, not to exceed five (5)
years per charter renewal.
7.04 The
application for a limited public charter school shall:
7.04.1 Contain the provisions of Title 6 of
the Arkansas Code and the specific rules and regulations promulgated by the
State Board from which the limited public charter school will be exempt.
7.04.1.1 The provisions from which the public
school district may be exempt for the limited public charter school only shall
be limited to the following:
7.04.1.1.1 The
duty-free lunch period requirements set forth in Ark. Code Ann. §
6-17-111;
7.04.1.1.2 The daily planning period
requirements set forth in Ark. Code Ann. §
6-17-114;
7.04.1.1.3 The committee on personnel
policies requirements set forth in Ark. Code Ann. §
6-17-201
et seq., and
7.04.1.1.4 Standards
for accreditation set forth in the Arkansas Code, set forth by the Department
of Education, or set forth by the State Board of Education.
7.04.1.2 No limited public charter
school may be allowed an exemption that would allow a full-time licensed
employee to be paid less than the salary provided in the public school
district's salary schedule for that employee;
7.04.2 Describe a plan for school improvement
that addresses how the limited public charter school will improve student
learning and meet the state education goals;
7.04.3 Describe how the licensed employees at
the limited public charter school will be involved in developing and
implementing the school performance plan set forth in Section 7.04.2 of these
rules and in identifying performance criteria;
7.04.4 Outline proposed performance criteria
that will be used during the initial five-year period of the charter to measure
the progress of the limited public charter school in improving student learning
and meeting or exceeding the state education goals; and
7.04.5 Be reviewed as a regular agenda item
and approved after sufficient public comment by the local school board and the
authorizer.
7.05 Any
application to obtain limited public charter school status approved by a local
school board shall be forwarded by the local school board to the
authorizer.
7.06 If a local school
board does not approve a public school's application, the local school board
shall inform the applicants and faculty of the public school of the local
school board's reasons for not approving the application.
7.07 A licensed teacher employed by a public
school in the year immediately preceding the effective date of a limited public
charter for a limited public charter school within that public school district
may not be transferred to or be employed by the limited public charter school
over the licensed teacher's objections, nor shall that objection be used as a
basis to deny continuing employment within the public school district in
another public school at a similar grade level.
7.08 If the transfer of a teacher within a
public school district is not possible because only one (1) public school
exists for the teacher's certification level, then the local school board shall
call for a vote of the licensed teachers in the proposed limited public charter
school site and proceed, at the local school board's option, with the limited
public charter school application if a majority of the licensed teachers
approve the proposal.
7.09 A
licensed teacher choosing to join the staff of a limited public charter school
shall be employed by the district by a written contract as set forth in Ark.
Code Ann. §
6-13-620(5),
with the contract being subject to the provisions of the Teacher Fair Dismissal
Act of 1983, Ark. Code Ann. §
6-17-1501 et seq.
7.09.1 The licensed teacher shall also enter
into a separate supplemental contract specifically for the teacher's employment
in the limited public charter school, with the supplemental contract being
exempt from the Teacher Fair Dismissal Act of 1983, Ark. Code Ann. §
6-17-1501 et seq., and from
Ark. Code Ann. §
6-17-807.
7.09.2 Termination of the supplemental
contract shall not be used as a basis to deny continued employment of the
teacher within the public school district in another public school at a similar
grade level.
7.10
Limited public charter schools shall be evaluated annually by the Department of
Education based on criteria approved by the authorizer, including without
limitation:
7.10.1 Student performance data
in order to determine progress in student achievement that has been achieved by
the limited public charter school; and
7.10.2 The limited public charter school's
compliance with Ark. Code Ann. §
6-23-107
and Section 4.05 of these rules.
7.10.3 The Department of Education shall
annually report its evaluation to the State Board and the Commissioner of
Education.
7.10.4 Based upon that
evaluation, the authorizer may revoke a limited public charter.
Source: Ark. Code Ann. § 6-23-601 as amended by Act 993 of 2011
7.11 Authorizer Hearing Procedures Related to
Limited Public Charter Schools (Application, Renewal, or Request for Charter
Amendment)
7.11.1 All persons, with the
exception of the attorneys representing the parties, who plan to provide
testimony during the hearing must be sworn by a certified court
reporter.
7.11.2 The limited public
charter school or applicant shall have twenty (20) minutes to present its case
to the authorizer for approval of the proposed limited public charter school
application, renewal, or request. The Chair of the authorizing body may grant
additional time, if necessary.
7.11.3 Parties opposed to the limited public
charter school application, renewal, or request, if any, shall have twenty (20)
minutes to present its case to the authorizer for disapproval of the proposed
limited public charter school application, renewal, or request. The Chair of
the authorizing body may grant additional time, if necessary.
7.11.4 The limited public charter school
applicant shall have five (5) minutes to respond to any arguments in opposition
to the limited public charter school application, renewal, or request. The
Chair of the authorizing body may grant additional time, if
necessary.
7.11.5 The authorizer
will follow the presentation with discussion of the limited public charter
school application, renewal, or request and questions, if any, to the limited
public charter school or applicant, opposing parties, or both.
7.11.6 The authorizer may issue a final
decision at the hearing or take the matter under advisement until a future
scheduled meeting.
Note: Additional requirements pertaining to hearings involving the Department of Education as authorizer may be found in Section 9.00 of these Rules. Additional requirements pertaining to hearings involving the State Board of Education as authorizer may be found in Section 10.00 of these Rules.
7.12 Authorizer Hearing Procedures Related to
Limited Public Charter Schools (Modification, Probation or Revocation of
Charter)
7.12.1 Not later than twenty (20)
days prior to the authorizer meeting at which the matter of modification,
probation or revocation will be considered, the Department of Education shall
provide written notice of the reason(s) for the proposed action, as well as of
the time and location of such hearing, to the limited public charter
school.
7.12.1 All persons, with
the exception of the attorneys representing the parties, who plan to provide
testimony during the hearing must be sworn by a certified court
reporter.
7.12.2 Arkansas
Department of Education staff shall have twenty (20) minutes to present its
case to the authorizer for modification, probation, or revocation of a limited
public charter school charter. The Chair of the authorizing body may grant
additional time, if necessary.
7.12.3 The limited public charter school
shall have twenty (20) minutes to present its case to the authorizer for
regarding the proposed modification, probation, or revocation of the limited
public charter school charter. The Chair of the authorizing body may grant
additional time, if necessary.
7.12.4 The authorizer will follow the
presentation with discussion of the matter and questions, if any, to
representatives from the Department of Education, the conversion public charter
school, or both.
7.12.5 The
authorizer may issue a final decision at the hearing or take the matter under
advisement until a future scheduled meeting.
Note: Additional requirements pertaining to hearings involving the Department of Education as authorizer may be found in Section 9.00 of these Rules. Additional requirements pertaining to hearings involving the State Board of Education as authorizer may be found in Section 10.00 of these Rules.
8.00
RULES APPLICABLE TO THE CLOSURE
OR DISSOLUTION OF PUBLIC CHARTER SCHOOLS
8.01 Required Notices
8.01.1 No later than fifteen (15) days after
the authorizer votes to non-renew or revoke the charter, or the charter
otherwise dissolves, the charter school or sponsoring entity shall furnish to
the Department of Education:
8.01.1.1 A
complete inventory of all personal property, real property, equipment, and
fixtures owned or financed by the charter school, with documentation showing a
description of each asset, serial number, tag number, location, estimated
value, any encumbrance on the asset including recorded security interest or
lien, and the source of funds for each purchase;
8.01.1.2 The account number and financial
institution contact information for every account in which the charter school
or sponsoring entity deposited any state or federal funds at any time, and
complete bank statements for the twelve (12) months preceding the effective
date of closure;
8.01.1.3 A
complete list of all debts or obligations owed by the charter school and still
outstanding as of the effective date of closure, including all outstanding
checks or warrants;
8.01.1.4 A
complete list of all accounts receivable owed to the charter school and still
outstanding as of the effective date of closure; and
8.01.1.5 Complete contact information for
every member of the charter school's board or governing entity.
8.01.2 If the authorizer votes to
non-renew or revoke the charter, or the charter otherwise dissolves, the
charter school or sponsoring entity shall, on a timeline established by the
Department, send written notice of closure, as approved by the Department, to:
8.01.2.1 The parents and legal guardians of
all students;
8.01.2.2 All
employees of the charter school;
8.01.2.3 All creditors of the charter school;
and
8.01.2.4 Every school district
in which any students of the charter school reside.
8.01.3 Every notice sent pursuant to Section
8.01.2 above must include:
8.01.3.1 The
effective date of closure and last day of regular instruction; and
8.01.3.2 Contact information of the person
employed or retained by the charter school or sponsoring entity to handle
inquiries regarding the closure.
8.01.4 Parental notices sent pursuant to
Section 8.01.2 must additionally include:
8.01.4.1 The student's school district of
residence, and the contact information for that district's enrollment
office;
8.01.4.2 A statement that
parents should contact the resident school district or any charter school where
the student intends to enroll and should ask that school or district to request
transfer of the student's educational records from the closing charter school;
and
8.04.4.3 Contact information
for the individual or entity charged with storage of student records after the
school's closure.
8.01.5
Employee notices sent pursuant to Section 8.01.2 must additionally include the
date of termination of all employee benefits (health insurance, etc.), along
with any COBRA or other documentation required by law.
8.01.6 The deadline for any notice required
by this Section may be extended by the Department of Education Charter School
Office for good cause.
8.02 Assets of Open-Enrollment Public Charter
School as Property of State
8.02.1 Upon the
dissolution, non-renewal, or revocation of an open-enrollment public charter,
all net assets of the open-enrollment public charter school purchased with
public funds, including any interest in real property, shall be deemed the
property of the state, unless otherwise specified in the charter or by federal
law.
8.02.2 The Commissioner of
Education or his or her designee shall take all steps necessary to protect and
recover any and all state assets in the possession or control of the former
charter school or the sponsoring entity.
8.02.2.1 If any state or federal funds remain
in any bank account(s) titled in the name of the charter school or sponsoring
entity, the Commissioner of Education or his or her designee shall notify the
financial institution that the account(s) holds state or federal funds and
shall direct that the account(s) be immediately frozen, subject to further
direction by the Commissioner or his or her designee.
8.02.2.2 Any funds remaining in any bank
account(s) titled in the name of the charter school shall be presumed to be
state or federal funds until such time as the sponsoring entity furnishes
documentation showing otherwise.
8.02.2.3 The Commissioner or his or her
designee shall secure and arrange for the recovery and storage of all personal
property, equipment, and fixtures purchased or financed in whole or in part
with any state or federal funds. Any personal property or equipment contained
within the charter school facility shall be presumed to have been purchased or
financed in whole or in part with state or federal funds until such time as the
sponsoring entity furnishes documentation showing otherwise.
8.02.2.4 At all times, the charter school,
the sponsoring entity, and their officers, agents, and employees, must protect
the school's assets against theft, misappropriation, and
deterioration.
8.03 Distribution of Property
8.03.1 Upon the dissolution, non-renewal, or
revocation of an open-enrollment public charter, the following property shall
be sold, unless the Commissioner of Education determines otherwise:
8.03.1.1 Real property or fixtures purchased
or financed in whole or in part by the open-enrollment public charter school
with state funds;
8.03.1.2 Real
property or fixtures purchased or financed in whole or in part by the
sponsoring entity with federal grant funds administered by the Department of
Education, unless federal law requires some other method of
distribution;
8.03.1.3 Personal
property encumbered by a recorded security interest or lien and purchased or
financed by the open-enrollment public charter school in whole or in part with
state funds;
8.03.1.4 Personal
property purchased or financed in whole or in part with state funds by an
open-enrollment public charter school that never received federal funds and
never directly benefited from a federal grant administered by the Department of
Education; and
8.03.1.5 Any other
personal property not distributed as provided by Sections 8.03.3 and 8.03.4
below.
8.03.2 The state
has a perfected priority security interest in the net proceeds from the sale or
liquidation of property sold pursuant to Section 8.03.1 above to the extent of
the public funds used in the purchase. For the purpose of this section, "net
proceeds" means the sale proceeds remaining after the satisfaction of all lien,
security, ownership, or other interests that supersede the state's
interest.
8.03.3 If the
open-enrollment public charter school at any time operated an approved federal
child nutrition program, all commodities and foodservice equipment purchased in
whole or in part with federal funds or with nutrition program revenues shall be
sold or transferred as directed by the Arkansas Department of Education Child
Nutrition Unit.
8.03.4 If the
open-enrollment public charter school or its sponsoring entity received a
federal grant administered by the Department of Education, then all other
personal property, including furniture, equipment and supplies, purchased with
state or federal funds may be redistributed to other Arkansas public charter
schools or traditional public schools as allowed by federal law.
8.04 Distribution of Funds
8.04.1 Upon the dissolution, non-renewal, or
revocation of an open-enrollment public charter, the Commissioner of Education
or his or her designee shall assert control over any funds deemed the property
of the state under Section 8.02 above.
8.04.2 In order to comply with federal and
state law, the Commissioner of Education shall use such funds to satisfy the
following obligations of the charter school in the order listed:
8.04.2.1 Domestic support obligations
withheld from an employee's wages in compliance with a court order prior to the
effective date of dissolution, non-renewal, or revocation;
8.04.2.2 Federal tax liens imposed by the
Internal Revenue Code for taxes or payroll tax withholding owed;
8.04.2.3 Any state tax lien or certificate of
indebtedness issued by the Arkansas Department of Finance and Administration
for taxes or payroll tax withholding owed;
8.04.2.4 Any debt owed to the Arkansas
Department of Education Child Nutrition Unit for penalties or reimbursement of
overpayments;
8.04.2.5 Any debt
owed to the Department of Education or other state agency for reimbursement of
any other overpayment of federal funds;
8.04.2.6 Unpaid contributions to the Arkansas
Teacher Retirement System accrued prior to the effective date of dissolution,
non-renewal, or revocation;
8.04.2.7 Unpaid contributions to the Employee
Benefits Division of the Arkansas Department of Finance & Administration
accrued prior to the effective date of dissolution, non-renewal, or revocation;
and
8.04.2.8 Unpaid employee wages
accrued prior to the effective date of dissolution, non-renewal, or revocation
in accordance with the school's salary schedule in effect as of the beginning
of the current school year.
8.04.3 Any remaining funds deemed the
property of the state under Section 8.02 above shall be deposited into the
State Treasury to the credit of the Department of Education Public School Fund
Account.
8.05
Distribution of Records
8.05.1 The charter
school or sponsoring entity must promptly submit all student records to the
transfer school, including:
8.05.1.1
Individualized Education Programs (IEPs) and all records regarding special
education and supplemental services;
8.05.1.2 Student health / immunization
records;
8.05.1.3 Attendance
records;
8.05.1.4 Testing
materials, including scores, test booklets, etc. required to be maintained by
the School; and
8.05.1.5 All other
student records.
8.05.1.6 All
end-of-school-year grades and evaluations must be completed and made part of
the student records, including any IEP, Committee on Special Education
meetings, or progress reports.
8.05.1.7 To the extent that testing scores,
etc. are scheduled to arrive after the school closure, arrangements should be
made with the testing agent to forward such material to the transfer
school.
8.05.2 No later
than thirty (30) days after closure or dissolution of the charter, the charter
school or sponsoring entity shall send each employee of the charter school:
8.05.2.1 Copies of his or her contracts,
evaluations, recommendation letters, and any other proof of employment and/or
termination;
8.05.2.2 Documentation
of staff development hours; and
8.05.2.3 Notice that employees must keep this
documentation for their records as the state will have no way of providing
proof of employment after the school is closed.
8.05.3 If the charter school operated an
approved federal child nutrition program, all child nutrition records shall be
delivered to the Arkansas Department of Education Child Nutrition Unit on a
schedule established by the Unit.
8.05.4 Any student records remaining in the
possession of the charter school or sponsoring entity, or in the possession of
any other entity or individual designated by the charter school or sponsoring
entity, shall be maintained in a manner sufficient to protect student privacy
rights in accordance with the Federal Educational Rights and Privacy Act of
1974, as amended.
8.05.5 The
sponsoring entity shall maintain all relevant corporate or governance records
for at least five (5) years after the effective date of closure, specifically
including but not limited to:
8.05.5.1 All
board minutes, policies, and bylaws of the charter school board or governing
entity;
8.05.5.2 Bonds, mortgages,
loan agreements, and all other financing instruments;
8.05.5.3 Lease agreements;
8.05.5.4 Accounting and bank
records;
8.05.5.5 Payroll and tax
records as required by federal law;
8.05.5.6 Grant records as specified by
34 C.F.R. §
80.42 or other relevant federal or state law;
and
8.05.5.7 Any other document
required by law to be maintained.
9.00
DEPARTMENT OF EDUCATION AS PUBLIC
CHARTER AUTHORIZER
9.01 The Department
of Education is the designated public charter authorizer with jurisdiction and
authority over all public charters issued in this state to take the following
action on a proposed or established public charter:
9.01.1 Approve;
9.01.2 Reject;
9.01.3 Renew;
9.01.4 Non-renew;
9.01.5 Place on probation;
9.01.6 Modify;
9.01.7 Revoke; or
9.01.8 Deny.
9.02 The department shall exercise authority
over public charter schools under Title 6, Chapter 23 of the Arkansas Code and
these rules through a public charter authorizing panel established within the
department.
9.02.1 The Commissioner of
Education shall appoint a public charter authorizing panel that consists of
professional staff employed at the department to serve at the pleasure of the
commissioner.
9.02.2 The
commissioner may elect to serve as a member on the charter authorizing panel as
the chair.
9.02.3 The public
charter authorizing panel is composed of an odd number of members and consists
of no less than five (5) members and no more than eleven (11)
members.
9.03 The
department may waive provisions of Title 6 of the Arkansas Code or State Board
of Education rules as allowed by law for public charters.
9.04 The department shall conduct all
hearings on public charter school matters as required by law, rule, and process
and make final determinations as allowed by law.
9.04.1 A hearing under Title 6, Chapter 23 of
the Arkansas Code and these rules conducted by the department shall be an open
meeting under the Freedom of Information Act of 1967, Ark. Code Ann. §
25-19-106.
9.04.2 For the purposes of Ark. Code Ann.
§
25-19-106,
the members of the public charter authorizing panel shall be considered a
governing body only in regards to actions specifically authorized by Title 6,
Chapter 23, Subchapter 7 of the Arkansas Code and these rules.
9.04.3 All decisions of the panel shall be
made by a majority vote of the quorum.
9.04.4 A decision of the department is final
except as provided under Ark. Code Ann. §
6-23-703
and Section 10.00 of these rules.
9.04.5 The Arkansas Administrative Procedure
Act, Ark. Code Ann. §
25-15-201 et
seq. shall not apply to a hearing concerning a public charter school.
9.05 The department shall be the
primary authorizer of public charters except as provided under Ark. Code Ann.
§
6-23-703
and Section 10.00 of these rules.
9.06 The department shall notify in writing
the State Board, charter applicant, public charter school, and affected school
districts, if any, of final decisions made by the department no less than
fourteen (14) calendar days before the next regularly scheduled State Board
meeting after the final decision is made by the department.
9.06.1 A charter applicant, public charter
school, and affected school district, if any, may submit in writing a request
that the State Board review the final decision of the department under Ark.
Code Ann. §
6-23-703
and Section 10.00 of these rules.
9.06.2 The written request submitted under
Section 9.06.1 of these rules shall state the specific reasons supporting a
review by the State Board.
9.06.3
The decision of whether to review a final decision of the department is
discretionary by the State Board and the provisions of this section and Ark.
Code Ann. §
6-23-703
do not grant any right of appeal to a charter applicant, public charter school,
or affected school district.
Source: Ark. Code Ann. § 6-23-701 through 6-23-702.
10.00
STATE BOARD OF EDUCATION OPTIONAL REVIEW
10.01 If a charter applicant, public charter
school, or affected districts submits a request that the State Board review the
final decision of the department under Section 9.06.1 of these rules, the State
Board shall:
10.01.1 Allow the party
requesting review three (3) minutes to present the reasons for
review.
10.01.2 Allow any parties
opposed to the State Board review three (3) minutes to present the reasons to
deny review.
10.01.3 Allow the
party requesting review one (1) minute to offer any closing remarks.
10.01.4 Allow additional time at the
discretion of the Chair.
10.02 On a motion approved by a majority
vote, the State Board may exercise a right of review of a charter determination
made by the department at the next regularly scheduled State Board meeting
after receiving notice provided under Ark. Code Ann. §
6-23-702(b)
and Section 9.06 of these rules.
10.03 If the State Board votes to review a
final decision made by the department, the State Board shall:
10.03.1 State the specific additional
information the State Board requires from the department, public charter
school, public charter school applicant, or affected school district.
10.03.2 Conduct a full hearing regarding a
final decision made by the department under Ark. Code Ann. §
6-23-701(a)
and Section 9.04 of these Rules; and
10.03.3 Hold the hearing at the earlier of:
10.03.3.1 The next regularly scheduled State
Board meeting following the State Board meeting during which the State Board
voted to authorize a review; or
10.03.3.2 A special board meeting called by
the State Board.
10.04 At the conclusion of the hearing, the
State Board may issue a final decision by State Board vote.
10.04.1 The State Board may decide by a
majority vote of the quorum to:
10.04.1.1
Affirm the decision of the department;
10.04.1.2 Take other lawful action on the
public charter;
10.04.1.3 Request
additional information from the department, public charter school, public
charter school applicant, or affected school district, if needed.
10.04.1.4 If the State Board requests
additional information under Ark. Code Ann. §
6-23-703(c)(2)(C)(i)
or Section 10.03.1.3 of these Rules, the State Board shall hold a subsequent
hearing at the earlier of the next regularly scheduled State Board meeting or a
special board meeting called by the State Board.
10.04.2 A decision made by the State Board is
final with no right of appeal.
Source: Ark. Code Ann. § 6-23-703
RULES IDENTIFYING AND GOVERNING
THE ARKANSAS FISCAL ASSESSMENT AND ACCOUNTABILITY PROGRAM
1.00
AUTHORITY
1.01 The Arkansas State
Board of Education enacted these rules pursuant to Ark. Code Ann. §
6-11-105, Ark.
Code Ann. §
6-20-1901 et seq., Ark.
Code Ann. §
25-15-201 et
seq. and Act 600 of 2013.
1.02
These rules shall be known as the Arkansas Department of Education Rules
Governing the Arkansas Fiscal Assessment and Accountability
Program.
2.00
PURPOSE
2.01 The purpose of these
rules is to establish how the Department and State Board will evaluate, assess,
identify, classify and address school districts in fiscal
distress.
3.00
DEFINITIONS
3.01 "Annexation"- the
joining of an affected school district or part of an affected school district
with a receiving district pursuant to Ark. Code Ann. §
6-13-1401 et
seq.
3.02 "Capital Outlay
Expenditures" - land, land improvements, buildings, infrastructure and
equipment having a unit value of $ 1,000 or more and a life expectancy of more
than one year.
3.03 "Consolidation"
- the joining of two (2) or more school districts or parts of the districts to
create a new single school district pursuant to Ark. Code Ann. §
6-13-1401 et
seq.
3.04 "Current Year
Expenditures" - the total expenditures accruing to the combined teacher salary,
operating, and debt service funds, excluding restricted funds.
3.05 "Current Year Revenues" - the total
revenues accruing to the combined teacher salary, operating, and debt service
funds, excluding restricted funds.
3.06 "Day" - unless otherwise set forth in
these rules, a calendar day, regardless of whether it is a day the Department
conducts official governmental business.
3.07 "Debt" - a legal liability, encumbrance
or contract, including employment contracts, to be paid out of future revenues
or current reserves of the district.
3.08 "Declining Balance" - balance resulting
when current year expenditures exceed current year revenues.
3.09 "Department" - the Arkansas Department
of Education.
3.10 "The Fiscal
Distress Financial Improvement Plan (Plan)" - the written plan submitted by a
district classified in fiscal distress and approved by the Department to be
implemented by the district addressing each indicator of fiscal distress
identified by the Department and the State Board with a specific corrective
action plan and timeline.
3.11
"Fiscal Distress Status" - the status of a public school district determined
(identified) by the Arkansas Department of Education and classified by the
State Board as being placed in fiscal distress status pursuant to Ark. Code
Ann. §
6-20-1901 et seq. and these
rules.
3.12 "Fiscal Integrity" - to
comply with financial management, accounting, auditing, and reporting
procedures and facilities management procedures as required by state and
federal laws and regulations in a forthright and timely manner.
3.13 "Jeopardize" - to expose to loss or
injury or peril.
3.14 "Material
Failure, Violation, Default, or Discrepancies" - an act, omission, event,
circumstances or combination thereof that directly jeopardizes the fiscal
integrity of a school district.
3.15 "Non-Material Failure, Violation,
Default, or Discrepancies" - an act, omission, event, circumstance, or
combination thereof, that does not directly jeopardize the fiscal integrity of
a school district, but without intervention could place the school district in
fiscal distress.
3.16 "Public
School or School District" - a public school or school district created or
established pursuant to Title 6 of the Arkansas Code and subject to the
Arkansas Comprehensive Testing Assessment and Accountability Program except
specifically excluding those schools or educational programs created by or
receiving authority to exist pursuant to Ark. Code Ann. §
6-15-501; Ark. Code
Ann. §
9-28-205
and Ark. Code Ann. §
12-29-301
et seq., or other provisions of Arkansas law.
3.17 "Reconstitution" - the reorganization of
the administrative unit or the governing school board of directors of a school
district, including, but not limited to, the replacement or removal of a
current superintendent or the removal or replacement of a current school board
of directors or both;
3.18
"Restricted Funds" - funds accruing to the teacher salary, operating and debt
service funds that can be used only for specific purposes as stated in law or
in accordance with a grant award (such as NSLA, ALE, ELL, Professional
Development).
3.19 "School Year" -
a school year beginning July 1 of one calendar year and ending June 30 of the
following calendar year.
3.20
"State Board" - the Arkansas State Board of Education.
4.00
INDICATORS OF FISCAL
DISTRESS
4.01 A school district meeting
any of the following criteria may be identified by the Department to be a
school district in fiscal distress upon final approval by the State Board:
4.01.1 A declining balance determined to
jeopardize the fiscal integrity of a school district. However, capital outlay
expenditures for academic facilities from a school district balance shall not
be used to put the school district in fiscal distress.
4.01.2 An act or violation determined to
jeopardize the fiscal integrity of a school district, including without
limitation:
4.01.2.1 Material failure to
properly maintain school facilities;
4.01.2.2 Material violation of local, state,
or federal fire, health, or safety code provisions or law;
4.01.2.3 Material violation of local, state,
or federal construction code provisions or law;
4.01.2.4 Material state or federal audit
exceptions or violations;
4.01.2.5
Material failure to provide timely and accurate legally required financial
reports to the Department, the Division of Legislative Audit, the General
Assembly, or the Internal Revenue Service;
4.01.2.6 Insufficient funds to cover payroll,
salary, employment benefits, or legal tax obligations;
4.01.2.7 Material failure to meet legally
binding minimum teacher salary schedule obligations;
4.01.2.8 Material failure to comply with
state law governing purchasing or bid requirements;
4.01.2.9 Material default on any school
district debt obligation;
4.01.2.10
Material discrepancies between budgeted and actual school district
expenditures;
4.01.2.11 Material
failure to comply with audit requirements; or
4.01.2.12 Material failure to comply with any
provision of the Arkansas Code that specifically places a school district in
fiscal distress based on noncompliance; or
4.01.3 Any other fiscal condition of a school
district deemed to have a material detrimental negative impact on the
continuation of educational services by that school district.
5.00
CLASSIFICATION OF FISCAL DISTRESS STATUS
5.01 Those school districts identified by the
Department as being in fiscal distress shall be classified as school districts
in fiscal distress upon final determination (classification) by the State
Board.
5.02 Any school district
classified as in fiscal distress shall be required to publish at least one (1)
time for two (2) consecutive weeks in a newspaper of general circulation in the
school district the school district's classification as a school district in
fiscal distress and the reasons why the school district was classified as being
in fiscal distress.
5.02.1 The district shall
publish this announcement within 30 days of the final classification by the
State Board.
5.02.2 The newspaper
of general circulation may be either a daily or weekly newspaper.
5.03 The provisions of subsections
5.01 and 5.02 of these rules are effective after the school district's appeal
rights in Ark. Code Ann. §
6-20-1905
and section 6.00 of these rules have been exhausted.
6.00
NOTIFICATION AND APPEAL
6.01 The Department shall provide written
notice, via certified mail, return receipt requested, to the president of the
school board of directors and the superintendent of each school district
identified as being in fiscal distress.
6.01.1 The Department shall provide the
notice on or before March 30 of each year.
6.01.2 At any time after March 30, the
Department may identify a school district as being in fiscal distress if the
Department discovers that a fiscal condition of a school district negatively
impacts the continuation of educational services by the school district. If
this identification occurs, the Department shall immediately provide the same
notice described in section 6.01 of these rules.
6.02 Any school district identified in fiscal
distress status may appeal to the State Board by filing a written appeal with
the Office of the Commissioner of Education, by certified mail return receipt
requested, within thirty (30) days of receipt of notice of being identified in
fiscal distress status from the Department.
6.03 The State Board shall hear the appeal
within sixty (60) days of receipt of the written notice of appeal from the
school district.
6.04 The written
appeal shall state in clear terms the reason why the school should not be
classified as in fiscal distress.
6.05 Notwithstanding any appeal rights in
Ark. Code Ann. §
6-20-1901 et seq. and these
rules, no appeal shall stay the Department's authority to take action to
protect the fiscal integrity of any school district identified as in fiscal
distress.
6.06 The following
procedures shall apply to State Board hearings involving school districts that
appeal a fiscal distress identification by the Department:
6.06.1 All persons wishing to testify before
the State Board shall first be placed under oath by the Chairperson of the
State Board.
6.06.2 The Department
shall have up to thirty (30) minutes to present its case to the State Board as
to why the school district identified as a district in fiscal distress should
be classified as a school district in fiscal distress. The Chairperson of the
State Board may allow additional time if necessary.
6.06.3 The appealing school district shall
have up to thirty (30) minutes to present its case to the State Board as to why
the school district should not be classified as a school district in fiscal
distress. The Chairperson of the State Board may allow additional time if
necessary.
6.06.4 The State Board
may pose questions to any party at any time during the hearing.
6.06.5 The State Board shall then discuss,
deliberate and vote upon the matter of the classification of fiscal
distress.
6.06.6 If it deems
necessary, the State Board may take the matter under advisement and announce
its decision at a later date, provided that all discussions, deliberations and
votes upon the matter take place in a public hearing.
6.06.7 The State Board shall issue a written
order concerning the matter.
6.07 The decision of the State Board shall be
a final order, and there is no further right of appeal except that the school
district may appeal to Pulaski County Circuit Court pursuant to the Arkansas
Administrative Procedure Act, Ark. Code Ann. §
25-15-201 et
seq.
7.00
FISCAL
DISTRESS IMPROVEMENT PLAN
7.01 Those
school districts classified by the State Board as being in fiscal distress
shall file, with the Department within ten (10) days after the final
classification, a written fiscal distress financial improvement plan to address
any area in which the school district is experiencing fiscal distress as
identified by the Department.
7.01.1 The plan
shall contain, at a minimum, the following elements:
7.01.1.1 Identification of each indicator of
fiscal distress;
7.01.1.2 Specific
corrective action steps for each indicator of fiscal distress;
7.01.1.3 A timeline for the completion of
each corrective action step;
7.01.1.4 Additional corrective action steps
the school district proposes to take; and
7.01.1.5 A timeline for each additional
corrective action step proposed by the school district.
7.01.2 The Department is authorized to review
and amend the plan submitted by the school district.
7.01.3 The Department may edit, amend,
update, or replace the plan at any time deemed appropriate.
7.01.4 The school district shall be given
notice of the edited, amended, updated, or replacement plan criteria.
7.01.5 The district may appeal any edit,
amendment or replacement of a plan by filing its written notice of appeal
(which must include an explanation of its concerns) with the Commissioner of
Education's Office within ten (10) days of receipt of the notice required in
subsection 7.01.4. The appeal shall be heard at the next State Board meeting,
and the State Board's decision shall be final.
7.02 Each school district shall seek and
obtain approval of its plan from the Department and shall describe how the
school district will remedy those areas in which the school district is
experiencing fiscal distress and shall establish the time period by which the
school district will remedy all criteria which placed the school district in
fiscal distress status.
7.03 A
school district in fiscal distress may only petition the State Board for
removal from fiscal distress status after the Department has certified in
writing that the school district has corrected all criteria for being
classified as in fiscal distress and has complied with all Department
recommendations and requirements for removal from fiscal distress.
7.04 Except as set forth in Ark. Code Ann.
§
6-20-1910(d)
and Section 10.05 of these Rules, a school district shall not be allowed to
remain in fiscal distress status for more than five (5) consecutive school
years from the date that the school district was classified as being in fiscal
distress status.
7.05 Any school
district classified as being in fiscal distress status shall be required to
receive on-site technical evaluation and assistance from the
Department.
7.06 The Department
shall evaluate and make written recommendations to the district superintendent
regarding staffing and fiscal practices of the school district.
7.07 The written recommendations of the
Department shall be binding on the school district, the superintendent and the
school district board of directors.
7.08 Every six (6) months, the Department
shall submit a written evaluation on the status of each school district in
fiscal distress to the State Board.
7.09 The Department may petition the State
Board at any time for the consolidation, annexation, or reconstitution of a
school district in fiscal distress or take other appropriate action as allowed
by Ark. Code Ann. §
6-20-1901 et seq. and these
rules in order to secure and protect the best interest of the educational
resources of the state or to provide for the best interests of students in the
school district. The State Board may approve the petition or take other
appropriate action as allowed by Ark. Code Ann. §
6-20-1901 et seq. and these
rules.
7.10 Except as set forth in
Ark. Code Ann. §
6-20-1910(d)
and Section 10.05 of these Rules, the State Board shall consolidate, annex, or
reconstitute any school district that fails to remove itself from the
classification of a school district in fiscal distress within five (5)
consecutive school years of classification of fiscal distress status unless the
State Board, at its discretion, issues a written finding supported by a
majority of the State Board, explaining in detail that the school district
could not remove itself from fiscal distress due to impossibility caused by
external forces beyond the school district's control.
8.00
DEBT ISSUANCE
8.01 No school district identified in fiscal
distress may incur any debt without the prior written approval of the
Department.
9.00
DEPARTMENT FISCAL DISTRESS ACTIONS
9.01
In addressing school districts in fiscal distress, the Commissioner of
Education may:
9.01.1 Remove permanently,
reassign, or suspend on a temporary basis the superintendent of the school
district and:
9.01.1.1 Appoint an individual
in place of the superintendent to administratively operate the school district
under the supervision and approval of the Commissioner; and
9.01.1.2 Compensate nondepartment agents
operating the school district from school district funding;
9.01.2 Suspend or remove some or
all of the current board of directors and call for the election of a new board
of directors for the school district, in which case the school district shall
reimburse the county board of election commissioners for election costs as
otherwise recognized by law;
9.01.3
Require the school district to operate without a board of directors under the
supervision of the local superintendent or an individual or panel appointed by
the Commissioner of Education;
9.01.4 Waive the application of Arkansas law
or the corresponding State Board of Education rules with the exception of:
9.01.4.1 The Teacher Fair Dismissal Act of
1983, Ark. Code Ann. §
6-17-1501 et seq.;
and
9.01.4.2 The Public School
Employee Fair Hearing Act, Ark. Code Ann. §
6-17-1701 et seq;
9.01.5 Petition the State Board of
Education for the annexation, consolidation, or reconstitution of the school
district;
9.01.6 In the absence of
a school district board of directors, assume all authority of the board of
directors as designated by the State Board of Education as may be necessary for
the day-to-day operation of the school district;
9.01.7 Return the administration of the
school district to the former board of directors or to a newly elected board of
directors if:
9.01.7.1 The Department
certifies in writing to the State Board of Education and to the school district
that the school district has corrected all issues that caused the
classification of fiscal distress; and
9.01.7.2 The State Board of Education
determines the school district has corrected all issues that caused the
classification of fiscal distress.
9.01.7.3 If the Commissioner calls for an
election of a new school district board of directors, the school district shall
reimburse the county board of election commissioners for election costs as
otherwise required by law;
9.01.8 Otherwise reconstitute the school
district; or
9.01.9 Take any other
action allowed by law that is deemed necessary to assist a school district in
removing the classification of fiscal distress.
9.02 The Department may impose various
reporting requirements on the school district. The Department may review any
and all school district records and documents.
9.03 The Department shall monitor the fiscal
operations and accounts of the school district.
9.04 The Department shall require school
district staff and employees to obtain fiscal instruction or training in areas
of fiscal concern for the school district.
10.00
STATE BOARD ACTIONS
10.01 After a public hearing, the State Board
of Education shall consolidate, annex, or reconstitute the school district in
fiscal distress to another school district or school districts upon a majority
vote of a quorum of the members of the State Board as permitted or required by
Ark. Code Ann. §
6-20-1901 et seq. and these
rules.
10.01.1 After providing thirty (30)
days written notice, via certified mail, return receipt requested, to the
superintendent and the president of the school board of directors, the
Department may petition the State Board for the consolidation, annexation, or
reconstitution of a school district in fiscal distress pursuant to Ark. Code
Ann. §
6-20-1908
and subsection 7.09 of these rules.
10.01.2 After providing thirty (30) days
written notice, via certified mail, return receipt requested, to the
superintendent and the president of the school board of directors, the State
Board, on its own motion, may consolidate, annex, or reconstitute the school
district in fiscal distress as set forth in Ark. Code Ann. §
6-20-1910 and
subsection 10.01 of these rules.
10.02 The following procedures shall apply to
State Board hearings concerning the consolidation, annexation or reconstitution
of a school district in fiscal distress:
10.02.1 All persons wishing to testify before
the State Board shall first be placed under oath by the Chairperson of the
State Board.
10.02.2 The Department
shall have up to thirty (30) minutes to present its case to the State Board as
to why the school district classified as a district in fiscal distress should
be consolidated, annexed or reconstituted. The Chairperson of the State Board
may allow additional time if necessary.
10.02.3 School districts and citizens' groups
opposing the consolidation, annexation or reconstitution shall have up to a
combined thirty (30) minutes to present their cases to the State Board as to
why the school district classified as a district in fiscal distress should not
be consolidated, annexed or reconstituted. The Chairperson of the State Board
may allow additional time if necessary.
10.02.4 The State Board may pose questions to
any party at any time during the hearing.
10.02.5 The State Board shall then discuss,
deliberate and vote upon the matter of the consolidation, annexation or
reconstitution of the school district classified as a district in fiscal
distress.
10.02.6 If it deems
necessary, the State Board may take the matter under advisement and announce
its decision at a later date, provided that all discussions, deliberations and
votes upon the matter take place in a public hearing.
10.02.7 The State Board shall issue a written
order concerning the matter.
10.02.8 If the State Board of Education
orders the annexation or consolidation of a school district in fiscal distress,
the order shall, as appropriate, dissolve existing school districts and
establish receiving or resulting school districts. The order shall also
establish the boundary lines of the receiving or resulting school district or
school districts. The State Board shall file the order with:
10.02.8.1 The county clerk of each county
where a receiving or resulting district is located. The county clerk shall make
a permanent record of the order;
10.02.8.2 The Secretary of State;
and
10.02.8.3 The Arkansas
Geographic Information Office.
10.02.9 It shall be the duty of the
Department to make changes in the maps of the school districts to properly show
the boundary lines of the receiving or resulting districts.
10.03 The State Board has
exclusive jurisdiction to determine the boundary lines of the receiving or
resulting school district and to allocate assets and liabilities of the school
district.
10.04 The decision of the
State Board shall be final with no further right of appeal except that a school
district may appeal to Pulaski County Circuit Court pursuant to the Arkansas
Administrative Procedure Act, Ark. Code Ann. §
25-15-201 et
seq.
10.05 If the Commissioner of
Education assumes authority over a public school district in fiscal distress as
set forth in Ark. Code Ann. §
6-20-1910(a)
or Section 9.00 of these Rules, the State Board of Education may pursue the
following process for returning a public school district to the local control
of its residents.
10.05.1 During the second
school year following a school district's classification as being in fiscal
distress status, the State Board shall determine the extent of the school
district's progress toward correcting all issues that caused the classification
of fiscal distress;
10.05.2 If the
State Board determines that sufficient progress has been made by a school
district toward correcting all issues that caused the classification of fiscal
distress, but the school district has not yet resolved all issues that caused
the classification of fiscal distress, the Commissioner, with the approval of
the State Board, may appoint a community advisory board of either five (5) or
seven (7) members to serve under the supervision and direction of the
commissioner.
10.05.2.1 The members of the
community advisory board, shall be residents of the school district and shall
serve on a voluntary basis without compensation.
10.05.2.2 The Department of Education shall
cause to be provided to the community advisory board technical assistance and
training in, at a minimum, the areas required in Ark. Code Ann. §
6-13-629.
10.05.2.3 The duties of the community
advisory board include without limitation:
10.05.2.3.1 Meeting monthly during a
regularly scheduled public meeting with the state-appointed administrator
regarding the progress of the public school or school district toward
correcting all issues that caused the classification of fiscal
distress;
10.05.2.3.2 Seeking
community input from the patrons of the school district regarding the progress
of the public school or school district toward correcting all issues that
caused the classification of fiscal distress;
10.05.2.3.3 Conducting hearings and making
recommendations to the Commissioner regarding personnel and student discipline
matters under the appropriate district policies;
10.05.2.3.4 Working to build community
capacity for the continued support of the school district; and
10.05.2.3.5 Submitting quarterly reports to
the Commissioner and the State Board regarding the progress of the public
school or school district toward correcting all issues that caused the
classification of fiscal distress.
10.05.2.4 The members of the community
advisory board shall serve at the pleasure of the Commissioner until:
10.05.2.5 The school district is returned to
local control and a permanent board of directors is elected and qualified;
or
10.05.2.6 The State Board
annexes, consolidates, or reconstitutes the school district under Ark. Code
Ann. §
6-20-1910 or
under another provision of law;
10.05.2.5 By April 1 of each year following
the appointment of a community advisory board under Ark. Code Ann. §
6-20-1910(d)(2)
and Section 10.05 of these Rules, the State Board shall determine the extent of
the school district's progress toward correcting all issues that caused the
classification of fiscal distress and shall:
10.05.2.6 Allow the community advisory board
to remain in place for one (1) additional year;
10.05.2.7 Return the school district to local
control by calling for the election of a newly elected board of directors if
the Department of Education certifies in writing to the State Board and to the
school district that the school district has corrected all criteria for being
placed into fiscal distress; and the State Board determines the school district
has corrected all criteria for being placed into fiscal distress; or
10.05.2.8 Annex, consolidate, or reconstitute
the school district pursuant to Title 6 of the Arkansas Code.
10.05.2.9 If the State Board or Commissioner
calls for an election of a new school district board of directors, the school
district shall reimburse the county board of election commissioners for
election costs as otherwise required by law;
10.05.2.10 If the State Board calls for an
election of a new school district board of directors pursuant to Ark. Code Ann.
§
6-20-1910(d)(3)(A)(ii)
or these Rules, the Commissioner, with the approval of the State Board, may
appoint an interim board of directors to govern the school district until a
permanent school district board of directors is elected and qualified.
10.05.2.7.1 The interim board of directors
shall consist of either five (5) or seven (7) members.
10.05.2.7.2 The members of the interim board
of directors shall be residents of the school district and otherwise eligible
to serve as school district board members under applicable law.
10.05.2.7.3 The members of the interim board
of directors shall serve on a voluntary basis without compensation.
10.05.3 If, by the end
of the fifth school year following the school district's classification of
fiscal distress status, the school district in fiscal distress has not
corrected all issues that caused the classification of fiscal distress, the
State Board, after a public hearing, shall consolidate, annex, or reconstitute
the school district under Ark. Code Ann. §
6-20-1910 and
these Rules.
10.05.3.1 The State Board may
grant additional time for a public school or school district to remove itself
from fiscal distress by issuing a written finding supported by a majority of
the State Board explaining in detail that the public school or school district
could not remove itself from fiscal distress during the relevant time period
due to impossibility caused by external forces beyond the control of the public
school or school district.
10.05.4 Nothing in Ark. Code Ann. §
6-20-1910 or
these Rules shall be construed to prevent the Department of Education or the
State Board from taking any of the actions listed in Ark. Code Ann. §
6-20-1909
or Ark. Code Ann. §
6-20-1910 at
any time to address a school district in fiscal distress.
12.00
EARLY
INDICATORS OF FISCAL DISTRESS
12.01 By
August 31 of each year, the Department shall report to the superintendent of a
school district if the Department is aware that the district has experienced
two (2) or more indicators of fiscal distress in one (1) school year that the
Department deems to be at a nonmaterial level, but that without intervention
could place the district in fiscal distress.
12.02 By August 31 of each year, the
superintendent of a school district shall report to the Department if the
superintendent is aware the school district has experienced two (2) or more
indicators of fiscal distress in one (1) school year that the superintendent
deems to be at a nonmaterial level, but that without intervention could place
the district in fiscal distress.
12.03 The Department and the superintendent
shall review all data related to the nonmaterial indicators of fiscal distress.
12.03.1 Within thirty (30) days of the
Department's determination that the school district may be experiencing fiscal
distress at a nonmaterial level, the Department shall provide a notice to the
school district's superintendent and board of directors that:
12.03.1.1 Describes the nonmaterial
indicators of fiscal distress that could jeopardize the fiscal integrity of the
school district if not addressed; and
12.03.1.2 Identifies the support available
from the Department to address each nonmaterial indicator of fiscal
distress.
12.03.2 The
board of directors shall place on the agenda for the next regularly scheduled
meeting of the board of directors a discussion of the notice of nonmaterial
indicators of fiscal distress.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.