Subtitle 1. General Provisions

Chapter 1 General Provisions

Subchapter 1 — General Provisions

Cross References. Immunity from tort liability, § 16-120-701 et seq.

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-1-101. Review of audit report by board.

    1. An audit of a publicly funded educational institution shall be performed by Arkansas Legislative Audit or other independent person licensed to practice accounting by the Arkansas State Board of Public Accountancy selected by the governing body of the educational institution.
    2. In cases of undue demands upon Arkansas Legislative Audit for these audits, Arkansas Legislative Audit may charge a fee for the service rendered that does not exceed payments made for help employed in the audit in addition to the personnel of Arkansas Legislative Audit.
  1. Any statutorily required audit of an educational institution performed by an independent accountant shall include, as a minimum and as an integral part of the annual financial report, a review and comments on substantial compliance with each of the following:
    1. Management letter for audit of political subdivisions, §§ 14-75-101 — 14-75-104;
    2. Compliance with ethical guidelines and prohibitions for board members, administrators, and employees, § 6-13-628 and § 6-24-101 et seq.;
    3. School elections, § 6-14-118;
    4. Management of schools, §§ 6-13-617 — 6-13-620 and 6-13-701;
    5. Revolving Loan Fund, §§ 6-19-114, 6-20-801, and 6-20-802;
    6. School district finances, §§ 6-20-402 and 6-20-409;
    7. School district school bonds, §§ 6-20-1208 and 6-20-1210;
    8. Teachers and employees, §§ 6-17-201, 6-17-203 — 6-17-206, 6-17-301, and 6-17-401;
    9. Teachers' salaries, §§ 6-17-803, 6-17-907, 6-17-908, 6-17-911 — 6-17-913, 6-17-918, and 6-17-919, and the Public School Funding Act of 2003, § 6-20-2301 et seq.;
    10. Deposit of funds, §§ 19-8-104 and 19-8-106;
    11. Investment of funds, § 19-1-504; and
    12. Improvement contracts, §§ 22-9-201 — 22-9-205.
  2. The governing body of the educational institution shall require the independent accountant to present the annual financial report in conformity with the format and guidelines as prescribed by the appropriate professional organizations such as, but not limited to, the American Institute of Certified Public Accountants, the Government Finance Officers Association, and the National Association of College and University Business Officers.
    1. The audit reports and accompanying comments and recommendations relating to any publicly funded school, education service cooperative, vocational-technical school, or institution of higher education prepared in accordance with the provisions of this section or other Arkansas Code provisions shall be reviewed by the applicable board or governing body.
      1. The audit report and accompanying comments and recommendations shall be reviewed at the first regularly scheduled meeting following receipt of the audit report if the audit report is received by the board or governing body prior to ten (10) days before the regularly scheduled meeting.
      2. If the audit report is received by the board or governing body within ten (10) days before a regularly scheduled meeting, the audit report may be reviewed at the next regularly scheduled meeting after the ten-day period.
      1. The board or governing body shall take appropriate action relating to each finding and recommendation contained in the audit report.
      2. The minutes of the board or governing body shall document the review of the findings and recommendations and the action taken by the board or governing body.
  3. In addition to any other requirements in this section, the Legislative Joint Auditing Committee may establish additional compliance or financial reporting requirements for audits of publicly funded educational institutions performed by Arkansas Legislative Audit or by an independent person licensed to practice accounting by the board.
  4. Education service cooperatives shall be subject to the same financial management practices, reviews, and designations as provided for school districts under § 6-15-2101.

History. Acts 1985, No. 29, §§ 1, 2; 1985, No. 66, §§ 1, 2; A.S.A. 1947, §§ 13-1528, 13-1529; Acts 1991, No. 4, § 1; 2003 (2nd Ex. Sess.), No. 61, § 2; 2007, No. 617, § 1; 2009, No. 286, § 1; 2013, No. 1155, § 1; 2015, No. 846, § 1.

Amendments. The 2009 amendment rewrote (b)(2); deleted “§§ 6-14-102 and” in (b)(3); substituted “6-17-913” for “6-17-915” in (b)(9); deleted (b)(10) and redesignated the remaining subdivisions accordingly.

The 2013 amendment substituted “An audit of a publicly funded” for “The audit of every publicly funded” at the beginning of (a)(1) and added (a)(2).

The 2015 amendment substituted “Public School Funding Act of 2003, § 6-20-2301 et seq.” for “Minimum Foundation Program Aid Act” in (b)(9).

6-1-102. [Repealed.]

Publisher's Notes. This section, concerning state boards, was repealed by Acts 2013, No. 581, § 1. The section was derived from Acts 1989, No. 14, § 1; 1999, No. 478, § 1.

6-1-103. [Repealed.]

Publisher's Notes. This section, concerning reporting requirements under Acts 1997, No. 342, was repealed by Acts 1999, No. 508, § 1. The section was derived from Acts 1997, No. 342, § 29.

6-1-104. [Repealed.]

Publisher's Notes. This section, concerning reporting requirements under Acts 1997, No. 1211, was repealed by Acts 1999, No. 508, § 2. The section was derived from Acts 1997, No. 1211, § 13.

6-1-105. Information sharing with the Assessment Coordination Division.

    1. The State Board of Education, the Division of Elementary and Secondary Education, and any other department or division administered by the state board shall provide information maintained by the state board, the Division of Elementary and Secondary Education, or any other department or division to the Assessment Coordination Division upon request by the Assessment Coordination Division.
    2. The information shall enable the Assessment Coordination Division to:
      1. Verify, ascertain, or calculate assessed values of real and personal property, millage rates, or tax collection rates in school districts and counties; and
      2. Assist the General Assembly, the Attorney General, or another state agency in verifying, ascertaining, or calculating data related to public schools, including school funding, school district revenues, and public school facilities.
  1. Information provided under this section shall be in any medium in which the record is readily available or in any format to which it is readily convertible with the existing software used by the state board, the Division of Elementary and Secondary Education, or any other department or division.
  2. Actual costs or expenses incurred in compiling or transmitting the data to the Assessment Coordination Division shall be paid by the Division of Elementary and Secondary Education.

History. Acts 2005, No. 1933, § 1; 2019, No. 910, § 1035.

Amendments. The 2019 amendment substituted “Assessment Coordination Division” for “Assessment Coordination Department” in the section heading and throughout the section; and substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout the section.

6-1-106. Definition of “sibling”.

For the purpose of a school choice transfer, “sibling” means each of two (2) or more children having a parent in common by blood, adoption, marriage, or foster care.

History. Acts 2013, No. 1508, § 1.

Subchapter 2 — Arkansas Leadership Institute for Teachers of the Delta

6-1-201, 6-1-202. [Repealed.]

Publisher's Notes. This subchapter, concerning the Arkansas Leadership Institute for Teachers of the Delta, was repealed by Acts 2013, No. 1155, § 2. The subchapter was derived from the following sources:

6-1-201. Acts 2001, No. 1521, § 1.

6-1-202. Acts 2001, No. 1523, §§ 1-3.

Subchapter 3 — Arkansas Commission for Coordination of Educational Efforts

6-1-301 — 6-1-304. [Repealed.]

Publisher's Notes. This subchapter, concerning the Arkansas Commission for Coordination of Educational Efforts, was repealed by Acts 2017, No. 540, § 1. The subchapter was derived from the following sources:

6-1-301. Acts 2003 (2nd Ex. Sess.), No. 109, § 1; 2005, No. 1936, § 1; 2007, No. 751, § 1; 2009, No. 1470, § 1; 2015 (1st Ex. Sess.), No. 7, §§ 65, 66; 2015 (1st Ex. Sess.), No. 8, §§ 65, 66.

6-1-302. Acts 2003 (2nd Ex. Sess.), No. 109, § 1.

6-1-303. Acts 2003 (2nd Ex. Sess.), No. 109, § 1; 2005, No. 1936, § 2.

6-1-304. Acts 2003 (2nd Ex. Sess.), No. 109, § 1.

Subchapter 4 — School Leadership Coordinating Council

A.C.R.C. Notes. Acts 2009, No. 222, § 3, provided: “The document attached hereto titled ‘Prologue’ contains the Leadership Taskforce recommendations as submitted to the Adequacy Study Oversight Subcommittee, the House Interim Committee on Education, and the Senate Interim Committee on Education. The document, ‘Prologue’, shall be filed in the journals of the House and Senate.”

Effective Dates. Acts 2009, No. 222, § 4: Feb. 25, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the constitutional obligation of the state to ensure that the state's public school children receive an equal opportunity for an adequate education; that to ensure that opportunity, it is essential to have strong and effective school leaders; and that this act is immediately necessary to allow the Department of Education, the Department of Higher Education, the Department of Workforce Education, and the Arkansas Leadership Academy to address deficiencies in the Arkansas's educational leadership system. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-1-401. Title.

There is established the “School Leadership Coordinating Council”.

History. Acts 2009, No. 222, § 1.

6-1-402. Findings.

The General Assembly finds that:

  1. A statewide performance and results-based system of leadership development to ensure high levels of collaborative leadership and continuous improvement must have all educators work collaboratively with community stakeholders to apply effective, evidence-based strategies and practices that increase student and adult learning and close the achievement gap;
  2. High-quality classroom teaching and administrative leadership are strong predictors of student success, and all educators in the state must possess the skills and knowledge to increase student and adult learning and close the achievement gap;
  3. High-quality leadership capacity building and training is required to align the public education system from kindergarten through postsecondary and workforce readiness with an objective of universal proficiency for all students;
  4. High-quality learning experiences focus on both individual and organizational improvement and provide educational leaders with a variety of support systems as they progress on the career continuum from aspiring to retiring; and
  5. An effective statewide leadership development system will result in increased graduation rates, reduced remediation rates, the closing of achievement gaps, increased student and adult performance, increased recruitment of effective leaders, and increased capacity for instructional leaders, and thus will increase the number of Arkansas citizens with bachelor's degrees.

History. Acts 2009, No. 222, § 1.

6-1-403. Purpose.

The purpose of the School Leadership Coordinating Council is to:

  1. Serve as a central body to coordinate the leadership development system efforts across the state including:
    1. Encouraging school districts to work with the Division of Elementary and Secondary Education, the Division of Higher Education, the Division of Career and Technical Education, and other leadership groups;
    2. Recommending a state leadership development system to coordinate all aspects of leadership development based on educational leadership standards adopted by the Division of Elementary and Secondary Education; and
    3. Devising a system of gathering data that includes input from practitioners, educational and community leaders, university leadership and faculty, and other interested parties;
  2. Assist the Division of Elementary and Secondary Education, the Division of Higher Education, the Division of Career and Technical Education, school districts, and other leadership groups in enhancing school leadership and school support efforts; and
  3. Aid in the development of model evaluation tools for use in the evaluation of school administrators.

History. Acts 2009, No. 222, § 1; 2019, No. 692, § 1; 2019, No. 910, § 1036.

Amendments. The 2019 amendment by No. 692 deleted “the Arkansas Leadership Academy School Support Program” preceding “and other leadership groups” in (1)(A) and preceding “school districts” in (2).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout the section; in (1)(A) and (2), substituted “Division of Higher Education” for “Department of Higher Education” and “Division of Career and Technical Education” for “Department of Career Education”; and deleted “the Arkansas Leadership Academy School Support Program” preceding “and other leadership groups” in (1)(A) and preceding “school districts” in (2).

6-1-404. Creation.

  1. The School Leadership Coordinating Council consists of seventeen (17) members as follows:
    1. The Chair of the Arkansas Association of Colleges for Teacher Education Council of Deans;
    2. The Commissioner of Elementary and Secondary Education;
    3. The Director of the Arkansas Leadership Academy;
    4. The Director of the Division of Higher Education;
    5. The Director of the Division of Career and Technical Education;
    6. The Executive Director of the Arkansas Association of Educational Administrators;
    7. The Executive Director of the Arkansas Education Association;
    8. The Executive Director of the Arkansas School Boards Association;
    9. The Executive Director of the Arkansas Association for Supervision and Curriculum Development;
    10. The Executive Director of the Arkansas Rural Ed Association;
    11. A representative from the Arkansas Professors of Educational Administration;
    12. A representative from the Arkansas Center for Executive Leadership;
    13. A representative from an education service cooperative;
    14. A representative from the Arkansas Public School Resource Center, Inc.;
    15. A representative from the Arkansas State Teachers Association;
    16. The Chair of the Senate Committee on Education or the chair's designee; and
    17. The Chair of the House Committee on Education or the chair's designee.
  2. Any member may appoint a designee to serve in his or her place if necessary.
    1. The Chair of the School Leadership Coordinating Council is elected by majority vote at the first meeting of the council.
    2. All changes in council chair are decided by majority vote of the council.
    1. The council shall meet at the times and places that the chair deems necessary but no less than four (4) times per year.
    2. Seven (7) members of the council shall constitute a quorum for the purpose of transacting business.
    3. All actions of the council are by quorum.
  3. The Division of Elementary and Secondary Education, with the assistance of the Division of Higher Education and the Division of Career and Technical Education, shall staff the council.
    1. All nonlegislative members of the council may receive expense reimbursement in accordance with § 25-16-902 paid by the Division of Elementary and Secondary Education if funds are available.
    2. Legislative members of the council shall be paid per diem and mileage as authorized by law for attendance at meetings of interim committees of the General Assembly.

History. Acts 2009, No. 222, § 1; 2017, No. 344, §§ 1, 2; 2019, No. 910, §§ 1037-1040.

Amendments. The 2017 amendment substituted “seventeen (17)” for “thirteen (13)” in the introductory language of (a); substituted “Executive Director” for “President” in (a)(10); added (a)(14) through (a)(17); redesignated former (f) as (f)(1); inserted “nonlegislative” in (f)(1); and added (f)(2).

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a)(2); substituted “Division of Higher Education” for “Department of Higher Education” in (a)(4) and (e); substituted “Division of Career and Technical Education” for “Department of Career Education” in (a)(5) and (e); and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (e) and (f)(1).

6-1-405. Report.

  1. The Chair of the School Leadership Coordinating Council shall provide a report to the House Committee on Education and the Senate Committee on Education no later than September 1, 2010, and each year thereafter.
  2. The report shall identify:
    1. Deficient areas of school leadership;
    2. Innovative programs to address deficient areas of school leadership;
    3. Progress made to improve school leadership;
    4. Plans to improve the quality of school leadership throughout the state;
    5. Development and activities of school leadership cohorts; and
    6. Efforts made to address school leadership recommendations expressed in the 2008 Educational Adequacy report or subsequent reports submitted by the House Committee on Education and the Senate Committee on Education.

History. Acts 2009, No. 222, § 1.

Subchapter 5 — The Arkansas Project Graduation Commission

6-1-501 — 6-1-505. [Repealed.]

Publisher's Notes. This subchapter, concerning the Arkansas Project Graduation Commission, was repealed by Acts 2013, No. 581, § 2. The subchapter was derived from the following sources:

6-1-501. Acts 2009, No. 1306, § 1.

6-1-502. Acts 2009, No. 1306, § 1.

6-1-503. Acts 2009, No. 1306, § 1.

6-1-504. Acts 2009, No. 1306, § 1.

6-1-505. Acts 2009, No. 1306, § 1.

Subchapter 6 — College and Career Coaches Program

A.C.R.C. Notes. Acts 2013, No. 1285, § 1, provided: “The General Assembly finds that:

“(1) Many students leave high school:

“(A) Without a plan for their education, training, or career after high school;

“(B) Unaware or lacking understanding of the process or preparation required for success after high school graduation; and

“(C) Failing to recognize the value of secondary education, leading to high dropout rates; and

“(2) The state has a responsibility to assist the citizens of Arkansas to advance and to prosper by providing access to the College and Career Coaches Program that will assist students by:

“(A) Intervening at the middle school and high school level;

“(B) Assisting students with developing and maintaining dynamic career plans;

“(C) Exposing students to various opportunities for careers and education after high school; and

“(D) Educating students about the process for pursuing postsecondary education and financial assistance.”

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-1-601. Findings.

The General Assembly finds that:

  1. Highly skilled and educated people who can handle demanding jobs and generate new ideas are necessary for Arkansas to prosper in a global economy; and
  2. With only eighteen percent (18%) of Arkansans twenty-five (25) years of age and older holding a baccalaureate degree, Arkansas is ranked forty-ninth in the nation for adults who hold a baccalaureate degree, creating an impediment to the success of the state.

History. Acts 2013, No. 1285, § 2.

6-1-602. Creation — Program participation.

    1. The College and Career Coaches Program is established to assist students in preparing for postsecondary education or careers.
    2. Coaches shall be accessible to students who attend middle schools and high schools.
  1. A school district participating in the College and Career Coaches Program is eligible for administrative support and supplemental grants if funding is available.
  2. A school district may use national school lunch state categorical funds to support the school district's participation in the College and Career Coaches Program.
  3. Participation in the College and Career Coaches Program is contingent on the availability of funding.

History. Acts 2013, No. 1285, § 2; 2015, No. 960, § 1.

Amendments. The 2015 amendment deleted “located in Tier 3 and Tier 4 counties” at the end of (a)(2); deleted former (b); and redesignated the remaining subsections accordingly.

6-1-603. Program administration.

  1. The Division of Career and Technical Education, in partnership with the Division of Elementary and Secondary Education and the Division of Higher Education, shall develop and administer the College and Career Coaches Program.
  2. The Division of Career and Technical Education shall manage the College and Career Coaches Program and:
    1. Provide guidelines and procedures for implementing the College and Career Coaches Program;
    2. Develop, coordinate, and offer training opportunities for college and career coaches;
    3. Monitor implementation of the College and Career Coaches Program by on-site technical assistance visits at least one (1) time every five (5) years;
    4. Develop guidelines and procedures for the application process;
    5. Accept or reject the annual application of a College and Career Coaches Program after:
      1. Reviewing and evaluating evidence of the performance and success of a College and Career Coaches Program; and
      2. Prioritizing approval and supplemental grant funding to College and Career Coaches Programs in Tier 3 and Tier 4 counties that are operated in partnership between a school district, an institution of higher education, an education service cooperative, or a nonprofit organization; and
    6. Prepare annual reports that may be shared with members of the:
      1. Governor's Workforce Cabinet;
      2. General Assembly; and
      3. Office of the Governor.

History. Acts 2013, No. 1285, § 2; 2015, No. 960, § 2; 2017, No. 128, § 1; 2019, No. 910, §§ 1041, 1042.

Amendments. The 2015 amendment substituted “program advisors” for “managers” in the introductory language of (b).

The 2017 amendment deleted “the division manager for Arkansas Works, an administrative analyst, and at least two (2) program advisors” following “The Department of Career Education” in the introductory language of (b).

The 2019 amendment, in (a), substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Division of Higher Education” for “Department of Higher Education”; and substituted “Division of Career and Technical Education” for “Department of Career Education” in (a) and (b).

6-1-604. College and career coaches — Duties — Supervision.

  1. A college and career coach shall:
    1. Hold a baccalaureate degree; and
    2. Hold a career development facilitator certification or be eligible to complete the required career development facilitator training within one (1) year of hiring.
  2. The college and career coaches shall be stationed at an institution of higher education, an education service cooperative, or a nonprofit organization and shall provide services and support to students in middle schools and high schools, including without limitation:
    1. Assisting the career orientation instructor with the development of college and career plans for students, beginning in grade seven (7);
    2. Assisting the school counselor with college and career planning resources and revising college and career plans for each student annually, beginning in grade nine (9);
    3. Offering high school students college and career planning services and activities that combine counseling on career options and experiential learning with academic planning to assist students with their college and career plans;
    4. Encouraging parental participation by scheduling annual parent sessions, beginning with students in grade seven (7), to assist parents and students in understanding the college and career planning process;
    5. Providing parents and high school students with information about career and technology education program opportunities available in Arkansas and the level of education and skill required to be successful in various career fields;
    6. Preparing high school students with information and preparation for financing a postsecondary education;
    7. Assisting schools in promoting quality career development for students in grades seven through twelve (7-12);
    8. Supporting students in middle school and high school in the exploration of career clusters and the selection of an area of academic focus with a cluster of study;
    9. Improving and promoting career development and college planning opportunities within school districts and communities;
    10. Attending continuing education programs on the certified career development facilitator curriculum sponsored by the state;
    11. Coordinating with school counselors and school administrators on career day events, career classes, career programming, college planning, and financial aid activities;
    12. Coordinating community resources and citizens representing diverse occupations to provide career development activities for parents and students; and
    13. Assisting with online-based career guidance and college planning systems.
    1. An institution of higher education, an education service cooperative, or a nonprofit organization participating in the College and Career Coaches Program shall assign an on-site supervisor who shall:
      1. Supervise the program locally; and
      2. Be a liaison between the institution of higher education, education service cooperative, or nonprofit organization and the Division of Career and Technical Education.
    2. The division and the on-site supervisor shall evaluate the performance of each college and career coach.

History. Acts 2013, No. 1285, § 2; 2015, No. 960, §§ 3, 4; 2017, No. 128, § 2; 2019, No. 910, §§ 1043, 1044.

Amendments. The 2015 amendment substituted “Hold a career development facilitator certification or be eligible to complete” for “Complete” in (a)(2); and deleted “in Tier 3 and Tier 4 counties” following “middle schools and high schools” in the introductory language of (b).

The 2017 amendment deleted “through the division manager for Arkansas Works” following “The department” in (c)(2).

The 2019 amendment substituted “Division of Career and Technical Education” for “Department of Career Education” in (c)(1)(B); and substituted “Division of Career and Technical Education” for “department” in (c)(2).

6-1-605. Program effectiveness and measurement.

    1. The effectiveness of the College and Career Coaches Program shall be evaluated based on measurable benefits to students, including increases in:
      1. High school graduation rates;
      2. Completion of the Smart Core curriculum;
      3. College attendance rates;
      4. Remediation rates; and
      5. Applications for financial aid.
      1. The Division of Elementary and Secondary Education and the Division of Higher Education shall collect and prepare performance data reports to determine the effectiveness of the program.
      2. The data shall be collected for each county and school district served by the program and shall be shared with the Division of Career and Technical Education on January 1 and August 1 each year.
  1. Annually, each college and career coach shall submit a report to the Division of Career and Technical Education describing his or her student contacts and the programs and services provided.

History. Acts 2013, No. 1285, § 2; 2015, No. 960, § 5; 2017, No. 128, § 3; 2019, No. 910, §§ 1045, 1046.

Amendments. The 2015 amendment, in (a)(2)(A), substituted “prepare” for “report” and inserted “reports”.

The 2017 amendment substituted “Department of Career Education” for “division manager for Arkansas Works” in (b).

The 2019 amendment, in (a)(2)(A), substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Division of Higher Education” for “Department of Higher Education”; and substituted “Division of Career and Technical Education” for “Department of Career Education” in (a)(2)(B) and (b).

Chapter 2 Corporate Charters

Preambles. Acts 1965, No. 562 contained a preamble which read:

“Whereas, the United States Government is making substantial contributions toward meeting the need for additional housing, administrative, laboratory, and library facilities of the institutions of learning organized under the provisions of Chapter 14 of Title 64, Arkansas Statutes, 1947, and is requiring that the long-term bonds that are being issued to secure funds for these facilities be secured in part by a mortgage upon the project for which bonds are issued and the ground upon which the project is built, so that it becomes most important that there be an express grant of the power to meet these requirements by the said institutions of learning;

“Now, therefore … .”

Effective Dates. Acts 1871, No. 42, § 10: effective on passage.

Acts 1911, No. 375, § 14: effective on passage.

Acts 1965, No. 562, § 3: Mar. 24, 1965. Emergency clause provided: “It has been found and is declared by the General Assembly that there is an urgent need for additional housing facilities, classrooms, libraries, and laboratories for the institutions affected by this act; that the amount of federal aid money is limited; that the essential functions of these institutions are jeopardized by their lack of power to acquire necessary funds; and that enactment of this measure will provide the remedy. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety, shall take effect and be in force from the date of its approval.”

6-2-101. Applicability.

The provisions of this chapter shall apply to all institutions at present existing under or by virtue of charters in the State of Arkansas.

History. Acts 1911, No. 375, § 10; C. & M. Dig., § 1773; A.S.A. 1947, § 64-1410.

6-2-102. Number of persons required to incorporate — Name of association.

  1. Any number of persons, the multiple of three (3), not less than six (6) nor more than thirty-three (33), who have associated or shall associate, according to the provisions of this chapter, under any name assumed by them, for the purpose of founding or maintaining any institution of learning, and who shall comply with the provisions of this chapter, shall, with their successors, constitute a body corporate under the name assumed by them in their articles of association.
  2. The name so assumed shall not be the same as that of any other educational institution in the state.

History. Acts 1911, No. 375, § 1; C. & M. Dig., § 1764; A.S.A. 1947, § 64-1401.

Case Notes

Cited: Hilger v. Harding College, Inc., 231 Ark. 686, 331 S.W.2d 851 (1960).

6-2-103. Purpose — Use of funds or property.

  1. The purpose for which every such corporation shall be established shall be distinctly specified in its articles of association.
  2. It shall not be lawful for the corporation to divert or appropriate its funds or property for any other purpose unless authorized to do so by the person, conference, convention, association, synod, or other body under whose auspices the institution may have been established or for whose benefit it may be maintained, or by which it may be controlled.

History. Acts 1911, No. 375, § 2; C. & M. Dig., § 1765; A.S.A. 1947, § 64-1402.

6-2-104. Initial meeting — Quorum.

  1. When the requisite number of persons shall have associated according to the provisions of this chapter, any three (3) of them may call the first meeting of the corporation by giving notice of the meeting to each member of the association by written or printed circulars at least ten (10) days before the time of the meeting and when they shall elect the necessary officers.
  2. The majority of members shall constitute a quorum.

History. Acts 1911, No. 375, § 3; C. & M. Dig., § 1766; A.S.A. 1947, § 64-1403.

6-2-105. Trustees.

  1. The persons thus associated shall be the trustees of the proposed institution.
  2. Unless they otherwise provide in their charter, the trustees shall annually elect their officers from their number.
  3. Unless otherwise provided by their charter, one-third (1/3) of the whole number of the trustees shall be annually retired from the office, the number to be determined by lot, and others or the same persons shall be elected to fill the vacancies.
  4. The trustees shall hold office until their successors have been elected in the manner provided above.

History. Acts 1911, No. 375, § 4; C. & M. Dig., § 1767; A.S.A. 1947, § 64-1404.

6-2-106. [Repealed.]

Publisher's Notes. This section, concerning certification and revocation of charters, was repealed by Acts 1993, No. 294, § 2. The section was derived from Acts 1911, No. 375, § 9; C. & M. Dig., § 1772; Acts 1975, No. 903, § 6; A.S.A. 1947, § 64-1409.

6-2-107. Change of name or provisions.

  1. Whenever the trustees of any corporate institution of learning are desirous of changing its name or the provisions of its charter, they may meet at their regular place of transacting business and change the name of the institution or the provisions of its charter.
  2. A majority of all the trustees shall consent to the change, and no change shall be made without due notice of the meeting and the intention thereof given to the several trustees at least ten (10) days before the time of such meeting.
  3. When a change of name or of the provisions of the charter shall be made, the changes shall not be effective until they are approved by the State Board of Education.
  4. When a change is so approved, a copy of the resolution of the board of trustees providing for such a change, together with a certificate of the State Board of Education as to its approval, shall be filed in the office of the Secretary of State and recorded by him or her in a book to be kept for such purposes.

History. Acts 1911, No. 375, §§ 11, 12; C. & M. Dig., §§ 1774, 1775; A.S.A. 1947, §§ 64-1411, 64-1412.

6-2-108. Filing and recording fees.

  1. The Secretary of State may set and receive a reasonable fee for the filing and recording of a charter of any educational institution or any certificate as to change of name or of the provisions of any such charter.
  2. Such fee shall be paid by the board of trustees of the institution filing such document.

History. Acts 1911, No. 375, § 13; C. & M. Dig., § 1776; A.S.A. 1947, § 64-1413; Acts 1993, No. 294, § 2.

6-2-109. Corporate power and government.

  1. Unless otherwise provided in its charter or by the governing body of the church or denomination under whose control the institution is organized and maintained, the corporation thus formed shall:
    1. Have perpetual succession;
    2. Be empowered to fill all vacancies occurring in the corporation by removal, death, resignation, or expiration of term of office;
    3. Have power to sue and be sued, to contract and be contracted with, to make and to use a common seal and to alter it at pleasure;
    4. Have power to buy and to sell real and personal property and to take by gift, conveyance, devise, or bequest real and personal property, and to hold them;
    5. Have power to enter into cooperative relations with other educational institutions for the establishment and maintenance of such departments or schools as they may agree to correlate; and
    6. Have power to make rules for the government of such departments or schools as they may deem proper.
  2. The board of trustees of the corporation:
    1. Shall be charged with the government of the institutions established by its agency and the appointment of all officers and instructors therefor and the compensation of them; and
    2. May delegate their powers of government to the president and faculty of any such institutions or to an executive committee composed of three (3) or more of its members.

History. Acts 1911, No. 375, § 5; C. & M. Dig., § 1768; A.S.A. 1947, § 64-1405.

Case Notes

Cited: Hilger v. Harding College, Inc., 231 Ark. 686, 331 S.W.2d 851 (1960).

6-2-110. Power to borrow for the construction of facilities.

The governing body of a corporation organized under the provisions of this chapter shall have the power, for and on behalf of the corporation:

  1. To borrow money from time to time for construction of facilities for its corporate purposes;
  2. To evidence such indebtedness by promissory notes, bonds, or other negotiable evidences of indebtedness;
  3. To secure the payment and the interest on the money borrowed by mortgage, pledge, conveyance, or assignment in trust of the whole or any part of the real and personal property of the corporation, whether at the time owned or thereafter acquired; and
  4. To sell, pledge, and otherwise dispose of bonds or other obligations of the corporation issued for its corporate purposes.

History. Acts 1965, No. 562, § 1; A.S.A. 1947, § 64-1415.

6-2-111. Degrees, diplomas, and honors.

  1. All institutions incorporated as colleges or universities shall have power to confer the customary degrees and grant the usual diplomas and honors conferred by reputable institutions of like grade.
    1. No degree or diploma of any kind shall be conferred by any institution of higher education that has not been incorporated in the manner provided by law.
    2. No institution of higher education shall confer degrees upon students for mere correspondence courses or upon any student who has not studied in residence at the institution for one (1) scholastic year.
    3. No purely honorary degree shall be conferred except by institutions of higher education maintaining standard collegiate or university courses with at least six (6) full professors and a body of genuine college or university students in residence.
    1. Any president, professor, or other officer of any institution of higher education who shall violate the provisions of subsection (b) of this section shall be guilty of a violation and upon conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000).
    2. It is made the duty of the Arkansas Higher Education Coordinating Board to enforce this section.

History. Acts 1911, No. 375, §§ 7, 8; C. & M. Dig., §§ 1770, 1771; A.S.A. 1947, §§ 64-1407, 64-1408; Acts 1993, No. 294, § 2; 2005, No. 1994, § 58.

6-2-112. Gift, bequest, or devise for particular purpose.

No gift, bequest, or devise made to any such institution for a particular purpose shall be applied to any other purpose unless it is impossible or impracticable for the original purpose to be executed.

History. Acts 1911, No. 375, § 6; C. & M. Dig., § 1769; A.S.A. 1947, § 64-1406.

6-2-113. Prohibition on gaming and liquor sales.

  1. To protect the youth assembled at institutions organized under the provisions of this chapter, while removed from the customary restraints of home and parental watch-care, it is declared to be a misdemeanor to entice any student of such institution into the practice of gaming or to furnish any student any device or instrument for gaming or any intoxicating liquors of any kind whatever.
  2. If the institution is located in a city or any incorporated town or village where a majority of the legal voters embraced in the territory within three (3) miles of the institution so decide by petition to the county court, then any billiard room, bowling alley, or race course, or any device or instrument for gaming, or any brothel or house of ill fame, or theatrical or circus exhibition, or public place where intoxicating liquors are either given away or sold, except for mechanical or medicinal purposes, within three (3) miles of the site of the institution shall be prohibited by the court.
  3. Any person who violates such regulation established by the court shall be guilty of a Class B misdemeanor.

History. Acts 1871, No. 42, § 7; C. & M. Dig., § 1777; A.S.A. 1947, § 64-1414; Acts 2005, No. 1994, § 384.

Chapter 3 Arkansas Educational Television Commission

Effective Dates. Acts 1961, No. 198, § 9: Mar. 8, 1961. Emergency clause provided: “It has been found and is declared by the General Assembly that public education has suffered severely from numerous disruptive influences in the past half decade; that dangerous propaganda inimical to the American way of life is rampant on all sides; that the young people of the State, future citizens and leaders, are the chief objects of brainwashing operations engineered by the minions of totalitarianism; that countermeasures to such subversive influences are necessary to the continued existence of constitutional democracy; that enactment of this bill will contribute materially to defeating the aims of this subversive propaganda. Therefore, an emergency is declared to exist and this act, being necessary for the preservation of the public peace, health, and safety, shall take effect and be in force from the date of its approval.”

Acts 1963, No. 493, § 3: Mar. 20, 1963. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is in the best interests of the development of educational television in this State and of all the citizens of this State that the membership of the Arkansas Educational Television Commission be more equitably distributed over the State, and that persons engaged in the field of public education be qualified to membership on said Commission, and that this Act is immediately necessary to accomplish these purposes. Therefore an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in effect from the date of its passage and approval.”

Acts 1967, No. 421, § 3: Mar. 16, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is necessary for the Educational Television Commission to either prepare or purchase instructional materials for sale to schools in this State, to be used in connection with educational television programs offered by the educational television studio, and it is immediately necessary to establish authority for said Commission to create a revolving cash fund into which receipts from such sales may be deposited and from which expenditures may be made to purchase instructional materials, and to pay the cost of freight, postage, and other handling costs in the distribution thereof to schools in this State. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1967, No. 481, § 3: Apr. 4, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that Educational Television Commission must, in order to obtain the services of capable personnel, enter into contracts with other educational institutions in this State, and that the immediate passage of this act is necessary to establish a method and procedure whereby the Educational Television Commission may make payment for such services. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1969, No. 295, § 3: Mar. 21, 1969. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present statutory provisions are not clear as to how the moneys received by the Educational Television Commission from gifts and grants are to be handled; that there is no authorization for depositing such moneys in a bank account and disbursing such moneys for the purposes for which they were donated or granted; and that only by the passage of this act can this ambiguity be corrected. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety, shall become effective from and after its passage and approval.”

Acts 1977, No. 642, § 3: July 1, 1977.

Acts 1981, No. 10, § 3: Feb. 2, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy Third General Assembly, that the immediate passage of this Act is necessary to prevent irreparable harm to the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 914, § 11: July 1, 1987. Emergency clause provided: “It is hereby found and determined by the Seventy-Sixth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1987 is essential to the operation of the agency for which the appropriations in this Act are provided; and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1987 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1987.”

Acts 1989 (1st Ex. Sess.), No. 126, § 12: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1993, No. 61, § 12: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1993 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1993 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 1993, No. 1313, § 45: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1993 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1993 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2005, No. 2167, § 16: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2005 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2005 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2005.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-3-101. Creation.

There is created the Arkansas Educational Television Commission.

History. Acts 1961, No. 198, § 1; A.S.A. 1947, § 80-3901; A.S.A. 1947, § 5-910.

A.C.R.C. Notes. Acts 1971, No. 38, § 10 transferred the records, personnel, property, and funds of the Arkansas Educational Television Commission to the newly created Educational Television Division of the Department of Education in a type 4 transfer.

6-3-102. Members.

    1. The Arkansas Educational Television Commission shall consist of eight (8) members, who shall be residents and qualified electors of the State of Arkansas, with at least one (1) member being appointed from each of the congressional districts of the state.
    2. At least one (1) member shall be a person who is actively engaged in the field of education in the public school system of this state, and one (1) member shall be a person actively engaged in education in an institution of higher education in this state.
    3. No member of the commission shall hold any other office of profit or trust under the United States, the State of Arkansas, or any political subdivision thereof, or any office or employment paid in whole or in part by any funds derived from tax sources, except persons actively engaged in the field of education in the public schools or institutions of higher education in this state.
    4. No member of the commission shall have any financial interest in any facilities such as the commission is authorized to deal with, including any interest in any commercial television or radio station.
    1. Members of the commission shall be appointed by the Governor with the advice and consent of the Senate for terms of eight (8) years.
    2. Members of the commission shall be eligible for reappointment.
    3. If a vacancy occurs at a time when the Senate is in session, the Governor shall, with the advice and consent of the Senate, appoint another member of the commission for the unexpired term.
    4. If a vacancy occurs when the Senate is not in session, the Governor shall appoint a member of the commission who shall take office immediately, but his or her appointment shall be subject to confirmation by the Senate at the next session of the General Assembly.
    5. If the appointment of such member of the commission is confirmed by the Senate, he or she shall serve the remainder of the unexpired term.
  1. Each member may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

History. Acts 1961, No. 198, §§ 2, 3; 1963, No. 493, § 1; 1977, No. 642, § 1; A.S.A. 1947, §§ 80-3902, 80-3902.1, 80-3903; Acts 1989 (1st Ex. Sess.), No. 126, § 8; 1997, No. 250, § 12.

A.C.R.C. Notes. The terms of the members of the Arkansas Educational Television Commission are arranged so that one term expires every year.

6-3-103. Organization — Rules and regulations.

  1. Promptly after their appointment, the members of the Arkansas Educational Television Commission shall meet to organize.
  2. At the meeting they shall choose from their number a chair, a secretary, and such other officers as they deem necessary.
  3. Thereafter officers shall be elected annually.
  4. The commission shall adopt rules regulating the conduct of its meetings and the transaction of the business of the commission.

History. Acts 1961, No. 198, § 4; 1963, No. 493, § 2; A.S.A. 1947, § 80-3904.

6-3-104. Agents and employees.

  1. The Arkansas Educational Television Commission may appoint such agents and employees as it deems necessary or may delegate to one (1) or more of its members, officers, agents, or employees such powers and duties as it deems proper and is authorized to do by legislation.
    1. The commission is authorized to contract with other educational institutions in this state for the employment and use, on a contract basis, of the full-time or part-time services of employees of those educational institutions and may pay for their services in accordance with the provisions of such contracts.
    2. In the event the commission shall determine that the use of full-time or part-time services of employees of such other educational institutions in this state shall make it necessary that payment therefor be from funds appropriated for the commission for the payment of regular salaries of employees of the commission, upon certification of the amount to the Chief Fiscal Officer of the State, the amount shall be transferred from the appropriation made for regular salaries of the commission for the fiscal year involved to the appropriation for maintenance and general operation of the commission for such fiscal year and may be expended for payments under contracts as authorized herein.

History. Acts 1961, No. 198, § 4; 1963, No. 493, § 2; 1967, No. 481, § 1; A.S.A. 1947, §§ 80-3904, 80-3907.

6-3-105. Purpose — Powers and duties generally.

  1. The Arkansas Educational Television Commission is organized for the purpose of making the benefits of educational television available to and promoting its use by inhabitants of Arkansas.
  2. To this end, the Arkansas Educational Television Commission is empowered and directed to survey, study, and appraise the need for an overall plan for the use of television facilities available for noncommercial educational use in the state.
  3. The Arkansas Educational Television Commission is specifically charged with the duty of controlling and supervising the use of channels reserved by the Federal Communications Commission to Arkansas for noncommercial educational use.
    1. The Arkansas Educational Television Commission may designate the location of stations to utilize such channels and make rules governing the operation of these stations and the programs televised over these channels.
    2. The Arkansas Educational Television Commission may own and operate television stations to utilize these channels, or it may contract with individuals, corporations, educational institutions, or other governmental agencies for the operation of such stations.

History. Acts 1961, No. 198, § 5; A.S.A. 1947, § 80-3905; Acts 2019, No. 315, § 176.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (d)(1).

6-3-106. Execution of contracts.

The Arkansas Educational Television Commission is authorized to execute all contracts and other instruments necessary and convenient to carry out the mandates of this chapter.

History. Acts 1961, No. 198, § 6; 1969, No. 295, § 1; A.S.A. 1947, § 80-3906.

6-3-107. Acceptance of gifts or grants.

  1. The Arkansas Educational Television Commission may solicit and accept gifts or grants of money, real or personal property, and voluntary and uncompensated services from any person, federal or other governmental agency, board of education, educational institution, or commercial or industrial enterprise.
  2. Any gifts and grants of money and any moneys derived from the sale of real or personal property donated to the commission may be placed in a bank in this state and may be disbursed by the commission for the purposes for which the gifts, grants, or real or personal property was donated or granted.

History. Acts 1961, No. 198, § 6; 1969, No. 295, § 1; A.S.A. 1947, § 80-3906.

6-3-108. Equipment — Limits on commission responsibility.

After receipt of any equipment furnished or installed by the Arkansas Educational Television Commission, the commission will not be responsible:

  1. For additional reception problems which may occur; or
  2. For replacement of any of the furnished equipment.

History. Acts 1981, No. 10, § 2; A.S.A. 1947, § 80-3909.

6-3-109. Revolving cash fund.

  1. The Arkansas Educational Television Commission is authorized to establish in a bank authorized to do business in this state, selected by the commission, a revolving cash fund into which the commission shall pay all funds received from the sale of instructional materials prepared by the commission or purchased by the commission and sold to schools in this state in connection with educational television programs.
  2. In addition, the commission is authorized to expend from the revolving cash fund amounts necessary to purchase instructional materials for sale to schools to be used for educational television purposes, including the cost of freight, postage, handling, and other delivery costs incidental to the purchase or sale.
  3. The commission shall keep a complete record of all receipts and expenditures from the revolving cash fund and shall make the record available to Arkansas Legislative Audit for audit and verification.

History. Acts 1967, No. 421, § 1; A.S.A. 1947, § 80-3908.

6-3-110. Appropriation and annual audit — State employees — Definition.

  1. No person employed by the Arkansas Educational Television Commission and paid from state funds shall receive supplemental compensation or remuneration from funds not appropriated by the state.
    1. Only an appropriate state employee may supervise state employees of the Educational Television Division of the Department of Education.
    2. No person or employee paid with funds not appropriated by the General Assembly shall supervise any state employee of the division.
  2. As used in this section, “state employee” means an individual paid by funds appropriated by the General Assembly.

History. Acts 1987, No. 914, § 6; 1993, No. 61, § 6; 1993, No. 1313, § 36; 1995, No. 1296, § 12; 2005, No. 2167, § 12; Acts 2007, No. 827, § 112.

6-3-111. Budget requests.

The Director of the Educational Television Division of the Division of Elementary and Secondary Education shall submit budget requests of the Educational Television Division to the State Board of Education and the Commissioner of Elementary and Secondary Education for their review and approval before the budget submissions are forwarded to the Governor and the Legislative Council.

History. Acts 1987, No. 914, § 7; 2019, No. 910, § 1047.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Educational Television Division” for “division”, and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education”.

6-3-112. Authorization for lease of facilities.

    1. The Arkansas Educational Television Commission is authorized and empowered to arrange for the use of its facilities, including without limitation tower space, studios, and equipment, by any federal, state, or local governmental agency or by any other person, from time to time, as any of such facilities are not needed by the commission, and to collect fees and charges, as the commission determines to be reasonable, in connection with the use of any such facilities by any other person.
    2. Provided, however, agencies and educational institutions of the State of Arkansas shall have preference for the use of commission facilities over other entities and persons and shall be assessed fees and charges at preferential rates as determined by the commission.
  1. The commission shall be exempt from complying with general provisions of other laws dealing with public commodities and facilities and their acquisition, leasing, or disposition in relation to the use of its studios by other persons in such cases, as advertising for bids would be impractical because of time limitations.
  2. Any revenue received by the commission from the use of its facilities by other persons shall be cash funds pursuant to § 6-3-109.
  3. The commission is authorized to promulgate such rules as it deems necessary for the implementation of this section.

History. Acts 1993, No. 329, §§ 1-4; 2019, No. 315, § 177.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (d).

6-3-113. Eminent domain power.

    1. The Arkansas Educational Television Commission is hereby granted the right of eminent domain to condemn real property leased or rented by the commission if the property is deemed to be necessary or desirable by the commission for making the benefits of educational television available to the citizens of Arkansas or to otherwise carry out the purposes of this chapter, and if the commission is unable to agree with the owner of the land, or if, by legal incapacity or absence of the owner, no agreement can be made for the purchase.
    2. All suits for condemnation of real property under the provisions of this section shall be brought by the commission in the name of the State of Arkansas.
    3. The real property may be acquired in fee simple or in any lesser estate.
    1. The commission is authorized to make payment for real property acquired under the provisions of this section out of any appropriation made for the commission.
    2. No land shall be taken or contracted to be taken for an amount beyond the sum available therefor.
  1. The commission shall exercise the power of eminent domain in the manner provided for in § 27-67-311 et seq.
    1. Actions by the commission to condemn real property shall be brought in the county in which the land is situated.
    2. If the land is located in more than one (1) county, the action may be brought in any county in which the land is situated.

History. Acts 1993, No. 1007, §§ 1-4.

Chapter 4 Interstate Compacts

Cross References. Student loans, § 6-81-201 et seq.

Subchapter 1 — Southern Regional Education Compact

A.C.R.C. Notes. The Board of Control for Southern Regional Education referred to in this subchapter also uses the name Southern Regional Education Board.

Preambles. Acts 1957, No. 51 contained a preamble which read:

“Whereas, in 1949 the State of Arkansas joined with other Southern States in the formation of the Southern Regional Educational Compact; and

“Whereas, a number of changes in said Compact have been proposed since its creation in 1949; and

“Whereas, it is the purpose of this Act to give effect to such proposed changes;

“Now, therefore … .”

Effective Dates. Acts 1957, No. 51, § 5: Feb. 15, 1957. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas that the educational system of this State is overcrowded, that there is a need for greater educational advantages and facilities for the citizens of this State in the professional, technological, scientific, literary, and other fields, and that enactment of this Compact will help provide the facilities to meet these needs and relieve this overcrowded condition. Therefore, an emergency is declared to exist, and this Act being necessary for the preservation of the public peace, health, and safety, shall take effect and be in force from the date of its approval.”

Acts 1957, No. 243, § 7: Mar. 12, 1957. Emergency clause provided: “It has been found and is declared by the General Assembly of Arkansas that courses of study in certain advanced fields of higher education are unavailable in Arkansas, that Arkansas residents find it difficult to secure admission to institutions in other states in the southern region because they are nonresidents, that the General Assembly has acknowledged and approved Arkansas' participation in the Board of Control for Southern Regional Education which has among its purposes that of furthering admission of students to institutions of learning which might otherwise decline their admission because they are nonresidents, that there is urgent need for Arkansas residents to be accepted for admission to study certain areas of education facilities which are unavailable in Arkansas and which may remain unavailable because of the prohibitive cost of creating and maintaining such courses of study here, and that enactment of this bill will provide for ending this discrimination against Arkansas residents. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from the date of its approval.”

Acts 1993, No. 1259, § 18: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1993 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1993 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-4-101. Text of compact.

The Governor on behalf of this state is authorized to execute a compact, in substantially the following form, with any one (1) or more of the States of Alabama, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia, and the General Assembly signifies in advance its approval and ratification of such compact:

SOUTHERN REGIONAL EDUCATION COMPACT

ARTICLE I.

In consideration of the mutual agreements, covenants, and obligations assumed by the respective states who are parties hereto, namely: Alabama, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia (hereinafter referred to as “states”), the said several states do hereby form a geographical district or region consisting of the areas lying within the boundaries of the contracting states which, for the purposes of this compact, shall constitute an area for regional education support by public funds derived from taxation by the constituent states and derived from other sources for the establishment, acquisition, operation, and maintenance of regional educational schools and institutions for the benefit of citizens of the respective states residing within the region so established as may be determined from time to time in accordance with the terms and provisions of this compact.

ARTICLE II.

The states do further hereby establish and create a joint agency which shall be known as the Board of Control for Southern Regional Education (hereinafter referred to as the “board”), the members of which board shall consist of the Governor of each state, ex officio, and four (4) additional citizens of each state to be appointed by the Governor thereof, at least one (1) of whom shall be selected from the field of education, and at least one (1) of whom shall be a member of the legislature of that state.

The Governor shall continue as a member of the board during his tenure of office as Governor of the state, but the members of the board appointed by the Governor shall hold office for a period of four (4) years except that in the original appointments one (1) board member so appointed by the Governor shall be designated at the time of his appointment to serve an initial term of two (2) years, one (1) board member to serve an initial term of three (3) years, and the remaining board member to serve the full term of four (4) years, but thereafter the successor of each appointed board member shall serve the full term of four (4) years. Vacancies on the board caused by death, resignation, refusal or inability to serve shall be filled by appointment by the Governor for the unexpired portion of the term. The officers of the board shall be a chairman, a vice chairman, a secretary, a treasurer, and such additional officers as may be created by the board from time to time. The board shall meet annually and officers shall be elected to hold office until the next annual meeting. The board shall have the right to formulate and establish bylaws not inconsistent with the provisions of this compact to govern its own actions in the performance of the duties delegated to it including the right to create and appoint an Executive Committee and a Finance Committee with such powers and authority as the board may delegate to them from time to time. The board may, within its discretion, elect as its chairman a person who is not a member of the board, provided such person resides within a signatory state, and upon such election such person shall become a member of the board with all the rights and privileges of such membership.

ARTICLE III.

It shall be the duty of the board to submit plans and recommendations to the states from time to time for their approval and adoption by appropriate legislative action for the development, establishment, acquisition, operation and maintenance of educational schools and institutions within the geographical limits of the regional area of the states, of such character and type and for such educational purposes, professional, technological, scientific, literary, or otherwise, as they may deem and determine to be proper, necessary, or advisable. Title to all such educational institutions when so established by appropriate legislative actions of the states and to all properties and facilities used in connection therewith shall be vested in said board as the agency of and for the use and benefit of the said states and the citizens thereof, and all such educational institutions shall be operated, maintained, and financed in the manner herein set out, subject to any provisions or limitations which may be contained in the legislative acts of the states authorizing the creation, establishment, and operation of such educational institutions.

ARTICLE IV.

In addition to the power and authority heretofore granted, the board shall have the power to enter into such agreements or arrangements with any of the states and with educational institutions or agencies, as may be required in the judgment of the board, to provide adequate services and facilities for the graduate, professional, and technical education for the benefit of the citizens of the respective states residing within the region, and such additional and general power and authority as may be vested in the board from time to time by legislative enactment of the said states.

ARTICLE V.

Any two (2) or more states who are parties of this compact shall have the right to enter into supplemental agreements providing for the establishment, financing, and operation of regional educational institutions for the benefit of citizens residing within an area which constitutes a portion of the general region herein created, such institutions to be financed exclusively by such states and to be controlled exclusively by the members of the board representing such states provided such agreement is submitted to and approved by the board prior to the establishment of such institutions.

ARTICLE VI.

Each state agrees that, when authorized by the legislature, it will from time to time make available and pay over to said board such funds as may be required for the establishment, acquisition, operation, and maintenance of such regional educational institutions as may be authorized by the states under the terms of this compact, the contribution of each state at all times to be in the proportion that its population bears to the total combined population of the states who are parties hereto as shown from time to time by the most recent official published report of the Bureau of the Census of the United States of America; or upon such other basis as may be agreed upon.

ARTICLE VII.

This compact shall not take effect or be binding upon any state unless and until it shall be approved by proper legislative action of as many as six (6) or more of the states whose governors have subscribed hereto within a period of eighteen (18) months from the date hereof. When and if six (6) or more states shall have given legislative approval to this compact within said eighteen (18) months' period, it shall be and become binding upon such six (6) or more states sixty (60) days after the date of legislative approval by the sixth state and the governors of such six (6) or more states shall forthwith name the members of the board from their states as hereinabove set out, and the board shall then meet on call of the Governor of any state approving this compact, at which time the board shall elect officers, adopt bylaws, appoint committees, and otherwise fully organize. Other states whose names are subscribed hereto shall thereafter become parties hereto upon approval of this compact by legislative action within two (2) years from the date hereof, upon such conditions as may be agreed upon at the time. Provided, however, that with respect to any state whose constitution may require amendment in order to permit legislative approval of the compact, such state or states shall become parties hereto upon approval of this compact by legislative action within seven (7) years from the date hereof, upon such conditions as may be agreed upon at the time.

ARTICLE VIII.

After becoming effective this compact shall thereafter continue without limitation of time; provided, however, that it may be terminated at any time by unanimous action of the states and provided further that any state may withdraw from this compact if such withdrawal is approved by its legislature, such withdrawal to become effective two (2) years after written notice thereof to the board accompanied by a certified copy of the requisite legislative action, but such withdrawal shall not relieve the withdrawing state from its obligations hereunder accruing up to the effective date of such withdrawal. Any state so withdrawing shall ipso facto cease to have any claim to or ownership of any of the property held or vested in the board or to any of the funds of the board held under the terms of this compact.

ARTICLE IX.

If any state shall at any time become in default in the performance of any of its obligations assumed herein or with respect to any obligation imposed upon said state as authorized by and in compliance with the terms and provisions of this compact, all rights, privileges, and benefits of such defaulting state, its members on the board, and its citizens shall ipso facto be and become suspended from and after the date of such default. Unless such default shall be remedied and made good within a period of one (1) year immediately following the date of such default, this compact may be terminated with respect to such defaulting state by an affirmative vote of three-fourths (¾) of the members of the board (exclusive of the members representing the state in default), from and after which time such state shall cease to be a party to this compact and shall have no further claim to or ownership of any of the property held by or vested in the board or to any of the funds of the board held under the terms of this compact, but such termination shall in no manner release such defaulting state from any accrued obligation or otherwise affect this compact or the rights, duties, privileges, or obligations of the remaining states thereunder.

History. Acts 1957, No. 51, § 1; A.S.A. 1947, § 80-3701.

6-4-102. Legislative approval.

  1. The Southern Regional Education Compact is approved, and the State of Arkansas is declared to be a party to the compact.
  2. Agreements, covenants, and obligations in the compact are binding upon the State of Arkansas.

History. Acts 1957, No. 51, § 2; A.S.A. 1947, § 80-3702.

6-4-103. Copy furnished states upon approval.

Upon the approval of this compact by the requisite number of states, the Governor shall sign an engrossed copy of the compact, and sufficient copies shall be provided so that every state approving the compact shall have an engrossed copy.

History. Acts 1957, No. 51, § 3; A.S.A. 1947, § 80-3703.

6-4-104. Agent for out-of-state education.

  1. The Arkansas Higher Education Coordinating Board is designated the agent for the State of Arkansas for the purpose of entering into a program of out-of-state training and education for residents of Arkansas through the cooperation of the Board of Control for Southern Regional Education, which was created by interstate compact with Arkansas, a signatory pursuant to House Concurrent Resolution 13, approved March 2, 1949.
  2. The Division of Higher Education is hereby authorized to administer the program.

History. Acts 1957, No. 243, § 1; A.S.A. 1947, § 80-3704; Acts 1993, No. 1259, § 2; 1999, No. 1218, § 1; 2019, No. 910, § 1048.

A.C.R.C. Notes. The Board of Control for Southern Regional Education named in the compact is now the Southern Regional Education Board.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (b).

6-4-105. Contracts for out-of-state education.

  1. As agent for the state, the Arkansas Higher Education Coordinating Board shall contract with the Board of Control for Southern Regional Education in order that the latter may act to secure admission of Arkansas residents as students in institutions of higher education operated by other states who are signatories of the compact.
  2. Contract authority shall include the placing of students for study in the fields for which the Board of Control for Southern Regional Education may maintain programs, including, but not limited to, veterinary medicine and dentistry.
    1. The Arkansas Higher Education Coordinating Board shall contract to pay the Board of Control for Southern Regional Education for Arkansas students accepted under this program.
    2. Provided, in no case will the contract price exceed the amount approved by the Board of Control for Southern Regional Education.

History. Acts 1957, No. 243, §§ 2, 3; A.S.A. 1947, §§ 80-3705, 80-3706; Acts 1993, No. 1259, § 3; 1999, No. 1218, § 2.

6-4-106. Application by students.

  1. Students seeking the subsidy to be paid for their benefit shall apply to the Division of Higher Education, giving necessary information.
  2. If the applicant is found to be a bona fide resident of Arkansas and if funds for this purpose are available, the division shall, without more, certify the applicant as qualified to participate under this program.

History. Acts 1957, No. 243, § 4; A.S.A. 1947, § 80-3707; Acts 1993, No. 1259, § 4; 1999, No. 1218, § 3; 2019, No. 910, § 1049.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a); and substituted “division” for “department” in (b).

6-4-107. Disbursing agent.

  1. The Department of Higher Education shall be the disbursing agency for the State of Arkansas for the purpose of authorizing payment to the Board of Control for Southern Regional Education under this program.
  2. As the disbursing agent, the department may expend such sums as are specially appropriated for the operation and administration of this program without obligation to maintain the program should the special appropriation be unavailable.

History. Acts 1957, No. 243, § 5; A.S.A. 1947, § 80-3708; Acts 1993, No. 1259, § 5; 1999, No. 1218, § 4.

Subchapter 2 — Compact For Education

6-4-201 — 6-4-203. [Repealed.]

A.C.R.C. Notes. The amendment to § 6-4-202 by Acts 2013, No. 1287, § 1 was superseded by the repeal of § 6-4-202 by Acts 2013, No. 581, § 3. As amended by Acts 2013, No. 1287, § 1, subdivision (b)(2) of § 6-4-202 read:

“(2) One (1) member appointed by the Speaker of the House of Representatives and one (1) member appointed by the President Pro Tempore of the Senate, each of whom shall serve until the next regular biennial session of the General Assembly at which their successors shall be appointed in the same manner.”

Publisher's Notes. This subchapter, concerning the Compact for Education, was repealed by Acts 2013, No. 581, § 3. The subchapter was derived from the following sources:

6-4-201. Acts 1965 (2nd Ex. Sess.), No. 22, § 1; 1967, No. 40, §§ 1, 2; A.S.A. 1947, § 80-4501.

6-4-202. Acts 1965 (2nd Ex. Sess.), No. 22, § 2; 1967, No. 40, § 3; A.S.A. 1947, § 80-4502; Acts 1997, No. 250, § 13.

6-4-203. Acts 1965 (2nd Ex. Sess.), No. 22, § 3; 1967, No. 40, § 4; A.S.A. 1947, § 80-4503.

Subchapter 3 — Interstate Compact on Educational Opportunity for Military Children

6-4-301. Title.

This subchapter is known and may be cited as the “Interstate Compact on Educational Opportunity for Military Children”.

History. Acts 2013, No. 146, § 1.

6-4-302. Adoption of compact.

The Interstate Compact on Educational Opportunity for Military Children is enacted into law and entered into with all other jurisdictions legally joining in this compact in the form substantially as follows:

Interstate Compact on Educational Opportunity for Military Children

ARTICLE I PURPOSE

It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:

  1. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district(s) or variations in entrance/age requirements.
  2. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content or assessment.
  3. Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities.
  4. Facilitating the on-time graduation of children of military families.
  5. Providing for the adoption and enforcement of administrative rules implementing the provisions of this compact.
  6. Providing for the uniform collection and sharing of information between and among member states, schools and military families under this compact.
  7. Promoting coordination between this compact and other compacts affecting military children.
  8. Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student.

ARTICLE II DEFINITIONS

As used in this compact, unless the context clearly requires a different construction:

  1. “Active duty” means: full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211.
  2. “Children of military families” means: a school-aged child(ren), enrolled in Kindergarten through Twelfth (12th) grade, in the household of an active duty member.
  3. “Compact commissioner” means: the voting representative of each compacting state appointed pursuant to Article VIII of this compact.
  4. “Deployment” means: the period one (1) month prior to the service members' departure from their home station on military orders though six (6) months after return to their home station.
  5. “Education(al) records” means: those official records, files, and data directly related to a student and maintained by the school or local education agency, including but not limited to records encompassing all the material kept in the student's cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs.
  6. “Extracurricular activities” means: a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities.
  7. “Interstate Commission on Educational Opportunity for Military Children” means: the commission that is created under Article IX of this compact, which is generally referred to as Interstate Commission.
  8. “Local education agency” means: a public authority legally constituted by the state as an administrative agency to provide control of and direction for Kindergarten through Twelfth (12th) grade public educational institutions.
  9. “Member state” means: a state that has enacted this compact.
  10. “Military installation” means: a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. Territory. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.
  11. “Non-member state” means: a state that has not enacted this compact.
  12. “Receiving state” means: the state to which a child of a military family is sent, brought, or caused to be sent or brought.
  13. “Rule” means: a written statement by the Interstate Commission promulgated pursuant to Article XII of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of rules promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., or any successor law, and includes the amendment, repeal, or suspension of an existing rule.
  14. “Sending state” means: the state from which a child of a military family is sent, brought, or caused to be sent or brought.
  15. “State” means: a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. Territory.
  16. “Student” means: the child of a military family for whom the local education agency receives public funding and who is formally enrolled in Kindergarten through Twelfth (12th) grade.
  17. “Transition” means: 1) the formal and physical process of transferring from school to school or 2) the period of time in which a student moves from one school in the sending state to another school in the receiving state.
  18. “Uniformed service(s)” means: the Army, Navy, Air Force, Marine Corps, Coast Guard as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration, and Public Health Services.
  19. “Veteran” means: a person who served in the uniformed services and who was discharged or released there from under conditions other than dishonorable.

ARTICLE III APPLICABILITY

  1. Except as otherwise provided in Section B, this compact shall apply to the children of:
    1. active duty members of the uniformed services as defined in this compact, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211;
    2. members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one (1) year after medical discharge or retirement; and
    3. members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one (1) year after death.
  2. The provisions of this interstate compact shall only apply to local education agencies as defined in this compact.
  3. The provisions of this compact shall not apply to the children of:
    1. inactive members of the national guard and military reserves;
    2. members of the uniformed services now retired, except as provided in Section A;
    3. veterans of the uniformed services, except as provided in Section A; and
    4. other U.S. Dept. of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.

ARTICLE IV EDUCATIONAL RECORDS & ENROLLMENT

  1. Unofficial or “hand-carried” education records — In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible to the extent feasible.
  2. Official education records/transcripts — Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student's official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within ten (10) days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.
  3. Immunizations — Compacting states shall give thirty (30) days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, for students to obtain any immunization(s) required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within thirty (30) days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.
  4. Kindergarten and First grade entrance age — Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level (including Kindergarten) from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state.

ARTICLE V PLACEMENT & ATTENDANCE

  1. Course placement — When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student's enrollment in the sending state school and/or educational assessments conducted at the school in the sending state if the courses are offered and there is space available, as determined by the school district. Course placement includes but is not limited to Honors, International Baccalaureate, Advanced Placement, vocational, technical and career pathways courses. Continuing the student's academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the course(s).
  2. Educational program placement — The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation/placement in like programs in the sending state provided that the program exists in the school and there is space available, as determined by the school district. Such programs include, but are not limited to: 1) gifted and talented programs; and 2) English as a second language (ESL). This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.
  3. Special education services.
  4. Placement flexibility — Local education agency administrative officials shall have flexibility in waiving course/program prerequisites, or other preconditions for placement in courses/programs offered under the jurisdiction of the local education agency.
  5. Absence as related to deployment activities — A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian.

1) In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A. Section 1400 et seq, the receiving state shall initially provide comparable services to a student with disabilities based on his/her current Individualized Education Program (IEP); and

2) In compliance with the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C.A. Section 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.A. Sections 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II Plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

ARTICLE VI ELIGIBILITY

  1. Eligibility for enrollment
    1. Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent.
    2. A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.
    3. A transitioning military child, placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he/she was enrolled while residing with the custodial parent.
  2. Eligibility for extracurricular participation — State and local education agencies shall facilitate the opportunity for transitioning military children's inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.

ARTICLE VII GRADUATION

In order to facilitate the on-time graduation of children of military families states and local education agencies shall incorporate the following procedures:

  1. Waiver requirements — Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time.
  2. Exit exams — States shall accept: 1) Exit or end-of-course exams required for graduation from the sending state; or 2) National norm-referenced achievement tests; or 3) Alternative testing, in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in his or her Senior year, then the provisions of Article VII, Section C shall apply.
  3. Transfers during Senior year — Should a military student transferring at the beginning or during his or her Senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with Sections A and B of this Article.

ARTICLE VIII STATE COORDINATION

  1. Each member state shall, through the creation of a State Council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies and military installations concerning the state's participation in, and compliance with, this compact and Interstate Commission activities. While each member state may determine the membership of its own State Council, its membership must include at least: the state superintendent of education or his or her designee, superintendent of a school district with a high concentration of military children, representative from a military installation, one representative each from the legislative and executive branches of government, and other offices and stakeholder groups the State Council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the State Council.
  2. The State Council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact.
  3. The compact commissioner responsible for the administration and management of the state's participation in the compact shall be appointed by the Governor or as otherwise determined by each member state.
  4. The compact commissioner and the military family education liaison designated herein shall be ex-officio members of the State Council, unless either is already a full voting member of the State Council.

ARTICLE IX INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN

The member states hereby create the “Interstate Commission on Educational Opportunity for Military Children.” The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:

  1. Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact.
  2. Consist of one Interstate Commission voting representative from each member state who shall be that state's compact commissioner.
    1. Each member state represented at a meeting of the Interstate Commission is entitled to one vote.
    2. A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
    3. A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate Commission, the Governor or State Council may delegate voting authority to another person from their state for a specified meeting.
    4. The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.
  3. Consist of ex-officio, non-voting representatives who are members of interested organizations. Such ex-officio members, as defined in the bylaws, may include but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the U.S. Department of Defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel and other interstate compacts affecting the education of children of military members.
  4. Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.
  5. Establish an executive committee, whose members shall include the officers of the Interstate Commission and such other members of the Interstate Commission as determined by the bylaws. Members of the executive committee shall serve a one year term. Members of the executive committee shall be entitled to one vote each. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as deemed necessary. The U.S. Dept. of Defense, shall serve as an ex-officio, nonvoting member of the executive committee.
  6. Establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
  7. Public notice shall be given by the Interstate Commission of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds vote that an open meeting would be likely to:
    1. Relate solely to the Interstate Commission's internal personnel practices and procedures;
    2. Disclose matters specifically exempted from disclosure by federal and state statute;
    3. Disclose trade secrets or commercial or financial information that is privileged or confidential;
    4. Involve accusing a person of a crime, or formally censuring a person;
    5. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
    6. Disclose investigative records compiled for law enforcement purposes; or
    7. Specifically relate to the Interstate Commission's participation in a civil action or other legal proceeding.
  8. For a meeting, or portion of a meeting, closed pursuant to this provision, the Interstate Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemptible provision. The Interstate Commission shall keep minutes that shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission.
  9. The Interstate Commission shall collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules that shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules.
  10. The Interstate Commission shall create a process that permits military officials, education officials and parents to inform the Interstate Commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the Interstate Commission or any member state.

ARTICLE X POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the following powers:

  1. To provide for dispute resolution among member states.
  2. To promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact. The rules shall have the force and effect of rules promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., or any successor law, and shall be binding in the compact states to the extent and in the manner provided in this compact.
  3. To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules and actions.
  4. To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process.
  5. To establish and maintain offices that shall be located within one or more of the member states.
  6. To purchase and maintain insurance and bonds.
  7. To borrow, accept, hire or contract for services of personnel.
  8. To establish and appoint committees including, but not limited to, an executive committee as required by Article IX, Section E, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.
  9. To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.
  10. To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it.
  11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed.
  12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed.
  13. To establish a budget and make expenditures.
  14. To adopt a seal and bylaws governing the management and operation of the Interstate Commission.
  15. To report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.
  16. To coordinate education, training and public awareness regarding the compact, its implementation and operation for officials and parents involved in such activity.
  17. To establish uniform standards for the reporting, collecting and exchanging of data.
  18. To maintain corporate books and records in accordance with the bylaws.
  19. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
  20. To provide for the uniform collection and sharing of information between and among member states, schools and military families under this compact.

ARTICLE XI ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

  1. The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
    1. Establishing the fiscal year of the Interstate Commission;
    2. Establishing an executive committee, and such other committees as may be necessary;
    3. Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission;
    4. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;
    5. Establishing the titles and responsibilities of the officers and staff of the Interstate Commission;
    6. Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations.
    7. Providing “start up” rules for initial administration of the compact.
  2. The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission.
  3. Executive Committee, Officers and Personnel
    1. The executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to:
      1. Managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission;
      2. Overseeing an organizational structure within, and appropriate procedures for the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and
      3. Planning, implementing, and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the Interstate Commission.
    2. The executive committee may, subject to the approval of the Interstate Commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a Member of the Interstate Commission. The executive director shall hire and supervise such other persons as may be authorized by the Interstate Commission.
  4. The Interstate Commission's executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
    1. The liability of the Interstate Commission's executive director and employees or Interstate Commission representatives, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
    2. The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
    3. To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

ARTICLE XII RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

  1. Rulemaking Authority — The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this Compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this Act, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.
  2. Rulemaking Procedure — Rules shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act,” of 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission.
  3. Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule; provided, that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission's authority.
  4. If a majority of the legislatures of the compacting states rejects a Rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.

ARTICLE XIII OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION

  1. Oversight
    1. The executive, legislative and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent.
    2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the Interstate Commission.
    3. The Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, this compact or promulgated rules.
  2. Default, Technical Assistance, Suspension and Termination — If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the Interstate Commission shall:
    1. Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default.
    2. Provide remedial training and specific technical assistance regarding the default.
    3. If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
    4. Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.
    5. The state that has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination.
    6. The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or that has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.
    7. The defaulting state may appeal the action of the Interstate Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.
  3. Dispute Resolution
    1. The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the compact and that may arise among member states and between member and non-member states.
    2. The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

ARTICLE XIV FINANCING OF THE INTERSTATE COMMISSION

  1. The Interstate Commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
  2. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff that must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.
  3. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.
  4. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

ARTICLE XV MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

  1. Any state is eligible to become a member state.
  2. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than ten (10) of the states. The effective date shall be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states.
  3. The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.

ARTICLE XVI WITHDRAWAL AND DISSOLUTION

  1. Withdrawal
    1. Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact specifically repealing the statute, which enacted the compact into law.
    2. Withdrawal from this compact shall be by the enactment of a statute repealing the same, and shall take effect upon the effective date of the repealing statute.
    3. The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing state's intent to withdraw within sixty (60) days of its receipt thereof.
    4. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of the repealing statute.
    5. Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.
  2. Dissolution of Compact
    1. This compact shall dissolve effective upon the date of the withdrawal or default of the member state that reduces the membership in the compact to one (1) member state.
    2. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XVII SEVERABILITY AND CONSTRUCTION

  1. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
  2. The provisions of this compact shall be liberally construed to effectuate its purposes.
  3. Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.

ARTICLE XVIII BINDING EFFECT OF COMPACT AND OTHER LAWS

  1. Other Laws
  2. Binding Effect of the Compact
    1. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.
    2. All agreements between the Interstate Commission and the member states are binding in accordance with their terms.
    3. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.

History. Acts 2013, No. 146, § 1.

6-4-303. Compact Commissioner for Arkansas.

  1. Under the Interstate Compact on Educational Opportunity for Military Children established under this subchapter, the Compact Commissioner for Arkansas shall be the Commissioner of Elementary and Secondary Education or his or her designee.
  2. The Compact Commissioner for Arkansas is responsible for the administration and management of the state's participation in the compact adopted under this subchapter.
  3. The Compact Commissioner for Arkansas shall cooperate with all departments, agencies, and officers of and in government of this state as well as all school districts and political subdivisions of this state for the administration of this compact, supplementary agreements entered into by the state, or as further directed by law or by the Division of Elementary and Secondary Education or the State Board of Education.

History. Acts 2013, No. 146, § 1; 2019, No. 939, § 1.

Amendments. The 2019 amendment substituted “state's participation” for “state participation” in (b); in (c), substituted “compact, supplementary agreements” for “compact or supplementary agreements” and added “or as further directed by law or by the Department of Education or the State Board of Education”; and made a stylistic change.

6-4-304. Creation of the State Council.

  1. There is created the State Council for the Interstate Compact on Educational Opportunity for Military Children to be composed of the following members:
    1. The Commissioner of Elementary and Secondary Education or his or her designee, serving as Compact Commissioner for Arkansas as provided under § 6-4-303;
    2. The superintendent of the public school district with the greatest number of children of military families from each Arkansas congressional district as determined every four (4) years;
    3. One (1) member to be appointed by the President Pro Tempore of the Senate from a list of three (3) nominees submitted by the Executive Director of the Arkansas Education Association;
    4. One (1) member to be appointed by the Speaker of the House of Representatives from a list of three (3) nominees submitted by the Executive Director of the Arkansas Association of Educational Administrators;
      1. One (1) member selected from the state at large and appointed by the Governor subject to confirmation of the Senate.
      2. The Governor shall consult the Arkansas School Boards Association before making an appointment under subdivision (a)(5)(A) of this section;
    5. The charter school leader of the open-enrollment public charter school with the greatest number of children of military families;
      1. A representative from each federal and state military installation in Arkansas that employs uniformed service members as designated by each military installation commander.
      2. A representative from a federal military installation shall serve as a nonvoting, ex officio member;
    6. The Executive Director of the Arkansas Activities Association, serving as a nonvoting, ex officio member;
    7. The Chair of the Senate Committee on Education and the Chair of the House Committee on Education or designees from each of the committees, serving as nonvoting, ex officio members; and
    8. The United States Department of Defense representative for Arkansas shall have duties and responsibilities as established by United States Department of Defense Instruction Number 1342.29, and shall not be a member of the State Council.
    1. Each appointed member shall have a background or interest in the education of military children.
      1. The terms for the initial appointees to the council shall be staggered as determined by lot with:
        1. One (1) member serving a term of three (3) years;
        2. One (1) member serving a term of four (4) years; and
        3. One (1) member serving a term of five (5) years.
      2. Each succeeding appointment to the council shall be for a term of five (5) years, but the member appointed shall serve until the member's successor is appointed.
      1. If a vacancy occurs in an appointed position for any reason, the vacancy shall be filled by appointment by the official that made the appointment.
      2. The new appointee shall serve for the remainder of the unexpired term.
    1. The council shall meet at least quarterly or as decided upon by a majority of its members.
    2. Unless otherwise approved by the Commissioner of Elementary and Secondary Education, the State Council shall conduct its meetings in Central Arkansas and via teleconference or web conference to allow for scheduling flexibility for council members.
    1. A majority of the members of the council shall constitute a quorum for transacting business of the council.
    2. All actions of the council shall be by a quorum.
  2. The Commissioner of Elementary and Secondary Education or his or her designee serving as Compact Commissioner for Arkansas shall be the chair of the council and be a full-voting member.
  3. Appointments to the council shall be for a term of four (4) years.
  4. All state agencies, school districts, and political subdivisions of the state shall furnish to the council any information and assistance the council may reasonably request.

History. Acts 2013, No. 146, § 1; 2015, No. 1100, § 2; 2019, No. 939, §§ 2-4.

Amendments. The 2015 amendment rewrote (a)(5).

The 2019 amendment, in (a)(2), inserted “public” and substituted “number of children of military families from each Arkansas congressional district as determined every four (4) years” for “number of military children from a military installation”; substituted “number of children of military families” for “number of military children from a military installation; and” in (a)(6); rewrote (a)(7); added (a)(8) through (a)(10); and, in (c)(2), substituted “Unless otherwise approved by the Commissioner of Education, the State Council shall conduct” for “The council shall conduct”, substituted “in Central Arkansas and via” for “in Pulaski County or via”, deleted “as technology becomes available and as desired” following “conference”, and substituted “council members” for “its members”.

6-4-305. Duties of the State Council.

  1. Within thirty (30) days from the date the appointments are initially made, the members of the State Council for the Interstate Compact on Educational Opportunity for Military Children shall appoint a military family education liaison to assist military families and the state in facilitating the implementation of the Interstate Compact on Educational Opportunity for Military Children adopted under this subchapter.
  2. The council may promulgate rules for the administration of this subchapter and provide recommendations to the Division of Elementary and Secondary Education regarding the promulgation of rules applicable to the division and public school districts.
  3. Children of military families under this subchapter shall have equitable access to academic courses and programs and to extracurricular academic, athletic, and social programs.
    1. The State Council shall meet at least annually to hold a public forum in a military community to hear direct feedback from military families regarding the effectiveness of the compact in this state.
    2. Under this subchapter, parents and legal guardians of military families may request the opportunity to:
      1. Speak at the public forum under subdivision (d)(1) of this section; or
      2. Make an online presentation to the State Council during the public forum under subdivision (d)(1) of this section.
  4. The State Council may seek input from the Division of Elementary and Secondary Education regarding the outcome of a case that is brought to the State Council for resolution.
  5. The State Council shall provide annually a report to the Governor, the Senate Committee on Education, and the House Committee on Education that includes without limitation the following:
    1. Information regarding the achievements of the State Council and public school districts regarding the support provided to military families under this subchapter;
    2. Details of the reports regarding the compact in this state that are provided to the Military Interstate Children's Compact Council and actions taken by the Military Interstate Children's Compact Council that impact the state;
    3. Details of cases and the outcomes of the cases brought to the State Council for resolution, in compliance with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, as it existed on January 1, 2019, and state student privacy laws;
    4. Information regarding training that is provided to and completed by public school district personnel with respect to this subchapter;
    5. Details regarding plans for future engagement efforts with military families under this subchapter; and
    6. Any other information requested by parents and legal guardians of military families.

History. Acts 2013, No. 146, § 1; 2019, No. 939, §§ 5, 6.

Amendments. The 2019 amendment added “and provide recommendations to the Department of Education regarding the promulgation of rules applicable to the department and public school districts” in (b); and added (c) through (f).

6-4-306. Military family education liaison.

  1. The military family education liaison shall be an ex officio member of the State Council for the Interstate Compact on Educational Opportunity for Military Children.
  2. The military family education liaison shall have specialized knowledge related to the educational needs of military children and the obstacles that military children face in obtaining an education.
  3. The military family education liaison shall serve a term of four (4) years.

History. Acts 2013, No. 146, § 1.

6-4-307. Fees.

Under the compact established under this subchapter and using the definitions in the compact:

  1. The minimum fee for a member state is two thousand dollars ($2,000);
  2. The maximum fee for each member state is two dollars ($2.00) per student who is a child of an active duty military family; and
  3. The fees paid or owed shall not exceed the amount appropriated for the payment of fees under this compact for each fiscal year by the General Assembly.

History. Acts 2013, No. 146, § 1.

6-4-308. Immunity not affected.

  1. This subchapter shall not affect the immunity from suit granted to state officials and employees under § 19-10-305 or to the state and its official agencies under Arkansas Constitution, Article 5, § 20.
  2. The exercise of the powers and performance of duties provided for in this subchapter by the Compact Commissioner for Arkansas, the State Council for the Interstate Compact on Educational Opportunity for Military Children, and the military family education liaison for Arkansas and its officers, agents, and employees are declared to be public and governmental functions, exercised for a public purpose and matters of public necessity, conferring upon each authority governmental immunity from suit in tort.

History. Acts 2013, No. 146, § 1.

6-4-309. Children of military families — Student enrollment procedures — Military education coordinators.

  1. A public school with twenty (20) or more children of military families enrolled as students or a public school with a total of three thousand (3,000) or more students enrolled shall:
    1. Incorporate into the policies of the public school specific procedures that outline actions to take in support of students who are the children of military families who transition to and from the public school; and
      1. Designate each public school district a military education coordinator to serve as the primary point of contact for each child of a military family and his or her parent or legal guardian.
      2. The public school military education coordinator shall have specialized knowledge regarding the educational needs of children of military families and the obstacles that children of military families face in obtaining an education.
  2. The Division of Elementary and Secondary Education shall supply relevant resources for the orientation and training of public school military education coordinators under this section.

History. Acts 2019, No. 939, § 7.

Chapter 5 Miscellaneous Provisions Relating to Elementary, Secondary, and Higher Education

Subchapter 1 — Early Childhood Development Projects

6-5-101 — 6-5-104. [Repealed.]

Publisher's Notes. This subchapter, concerning early childhood development projects, was repealed by Acts 2017, No. 745, § 1. The subchapter was derived from the following sources:

6-5-101. Acts 1969, No. 388, § 1; A.S.A. 1947, § 80-3345.

6-5-102. Acts 1969, No. 388, § 2; A.S.A. 1947, § 80-3346.

6-5-103. Acts 1969, No. 388, § 3; A.S.A. 1947, § 80-3347.

6-5-104. Acts 1969, No. 388, § 3; A.S.A. 1947, § 80-3347.

Subchapter 2 — Hazing

Cross References. Fraternities, § 6-18-601 et seq.

6-5-201. Definition.

  1. As used in this subchapter, “hazing” means:
    1. A willful act on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others when the conduct is directed against any other student and done for the purpose of intimidating the student attacked by threatening him or her with social or other ostracism or of submitting such student to ignominy, shame, or disgrace among his or her fellow students, and acts calculated to produce such results;
    2. The playing of abusive or truculent tricks on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others, upon another student to frighten or scare him or her;
    3. A willful act on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others which is directed against any other student done for the purpose of humbling the pride, stifling the ambition, or impairing the courage of the student attacked or to discourage him or her from remaining in that school, college, university, or other educational institution, or reasonably to cause him or her to leave the institution rather than submit to such acts; or
    4. A willful act on or off the property of any school, college, university, or other educational institution in Arkansas by one (1) student, alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting alone, or acting with others in striking, beating, bruising, or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or maim; or to do or seriously offer, threaten, or attempt to do physical violence to any student of any such educational institution; or any assault upon any such student made for the purpose of committing any of the acts, or producing any of the results, to such student as defined in this section.
  2. The term “hazing” as defined in this section:
    1. Does not include customary athletic events or similar contests or competitions; and
    2. Is limited to those actions taken and situations created in connection with initiation into or affiliation with an organization, extracurricular activity, or sports program.

History. Acts 1983, No. 75, § 2; A.S.A. 1947, § 80-5502; Acts 2011, No. 1160, § 1; 2015, No. 1187, § 1.

Amendments. The 2011 amendment added the (b)(1) and (b)(2) designations; and added “extracurricular activity, or sports program” in (b)(2).

The 2015 amendment substituted “A willful” for “Any willful” in (a)(1), (a)(3), and (a)(4); inserted “alumnus, or volunteer or employee of a fraternal organization if the volunteer or employee is acting on behalf of, or in the name of, the fraternal organization, acting” in (a)(1) through (a)(4); and substituted “when the conduct” for “which” preceding “is directed” in (a)(1).

Research References

ALR.

Tort Liability for Hazing or Initiation Rituals Associated with Schools, Colleges, or Universities. 100 A.L.R.6th 365 (2014).

6-5-202. Prohibitions.

  1. A student, alumnus, or volunteer or employee of a fraternal organization of a school, college, university, or other educational institution in Arkansas shall not knowingly engage in hazing or encourage, aid, or assist any other student, alumnus, or volunteer or employee of a fraternal organization in hazing.
    1. A person shall not knowingly permit, encourage, aid, or assist another person in committing the offense of hazing, or knowingly acquiesce in the commission of the offense of hazing, or fail to report promptly his or her knowledge or any reasonable information within his or her knowledge of the presence and practice of hazing in this state to an appropriate administrative official of the school, college, university, or other educational institution in Arkansas.
    2. An act of omission or commission is hazing under this subsection.
  2. A violation of this section is a Class B misdemeanor.
  3. In addition to any penalty provided by this section, a student convicted of hazing shall be expelled from the school, college, university, or other educational institution that he or she is attending.

History. Acts 1983, No. 75, §§ 1, 3; A.S.A. 1947, §§ 80-5501, 80-5503; Acts 2009, No. 376, § 1; 2015, No. 1187, § 2; 2015, No. 1264, § 1.

Amendments. The 2009 amendment rewrote (a), making only stylistic changes.

The 2015 amendment by No. 1187, in (a), inserted “alumnus, or volunteer or employee of a fraternal organization” twice and substituted “a school” for “any school”.

The 2015 amendment by No. 1264 inserted “knowingly” in (a); in (b)(1), substituted “A person shall not knowingly” for “No person shall knowingly”, “another person” for “any person”, “or knowingly” for “or willfully”, and “the offense of hazing” for “such offense”; rewrote (b)(2); and added (c) and (d).

Research References

ALR.

Tort Liability for Hazing or Initiation Rituals Associated with Schools, Colleges, or Universities. 100 A.L.R.6th 365 (2014).

6-5-203. [Repealed.]

Publisher's Notes. This section, concerning penalties, was repealed by Acts 2015, No. 1264, § 2. The section was derived from Acts 1983, No. 75, §§ 4, 5; A.S.A. 1947, §§ 80-5504, 80-5505.

6-5-204. Construction.

Nothing in this subchapter shall be construed as in any manner affecting or repealing any law of this state respecting any other criminal offense.

History. Acts 1983, No. 75, § 6; A.S.A. 1947, § 80-5506.

Research References

ALR.

Tort Liability for Hazing or Initiation Rituals Associated with Schools, Colleges, or Universities. 100 A.L.R.6th 365 (2014).

Subchapter 3 — Educational Excellence Trust Fund

Effective Dates. Acts 1991, No. 10, § 7: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the provision of quality education to the students of secondary schools and Arkansas institutions of higher education is essential to the preservation of the public welfare; that the provisions of this act are necessary in meeting this essential need of providing salary increases for those certified personnel positions on the effective date of this act; that a revision of state financial procedures is necessary to assure that the increased revenues to become available to the State in accordance with various tax increases enacted in this General Assembly are first made available to support the programs of educational opportunity improvement also enacted; and that delay past July 1, 1991 will cause a serious and critical delay in the initiation of the programs for improvement of the educational system of this state. Therefore, an emergency is declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1991, No. 1135, § 20: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the distribution of general revenues and the creation of the various funds and fund accounts are essential to be in force at the beginning of the state fiscal year and that in the event that the General Assembly extends beyond the sixty day limit, the effective date of this act would not begin at that time creating confusion and not permitting the agencies to implement those programs as approved by the General Assembly. Therefore an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1993, No. 830, § 8: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly meeting in Regular Session, that the provision of quality education to the students of secondary schools and Arkansas institutions of higher education is essential to the preservation of public welfare; that a continuation of state financial procedures relating to the Educational Excellence Trust Fund is necessary to assure that revenues are made available to support the programs of educational opportunity improvement; and that delay past July 1, 1993 will cause a serious and critical delay in the initiation of the programs for improvement of the educational system of this state. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1993.”

Acts 1995, No. 1172, § 8: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1997, No. 171, § 6: Feb. 14, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas, that the provisions of this Act are of critical importance to the stability of the educational programs funded from the Educational Excellence Trust Fund and the workforce development and training programs funded from the Workforce 2000 Development Fund, the same being an appropriate use of the state's resources. Therefore an emergency is declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 273, § 7: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1997 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1997.”

Acts 1999, No. 1143, § 5: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that changes in fiscal laws for the 1999-01 Biennium have to take effect on July 1, 1999 and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1999 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1999.”

Acts 1999, No. 1315, § 8: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that the changes required by this act must take effect at the beginning of the state fiscal year and not to do so will disrupt the flow of funds for vocational education. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 1999.”

Acts 2001, No. 558, § 2: July 1, 2001. Emergency clause provided: “It is hereby found and determined by the General Assembly, that changes in fiscal laws for the 2001-03 Biennium have to take effect on July 1, 2001 and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2001 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2001.”

Acts 2001, No. 1456, § 9: July 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly that educators are compensated on an annual basis beginning in July and ending in June. It is further determined that the change in compensation practices embodied in this act must take place in the same time frame as normal compensation practices or confusion among school districts and educators would ensue. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 2001.”

Acts 2003, No. 1305, § 8: Jan. 1, 2004, by its own terms.

Acts 2016, No. 141, § 15: July 1, 2016. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2016 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2016 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2016.”

Acts 2017, No. 179, § 13: July 1, 2017. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2017 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2017 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2017.”

Acts 2019, No. 170, § 3: July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there exists a shortage of licensed teachers in many areas of the state; that teacher salaries are a key factor in attracting individuals to the field of teaching; and that the provisions of this act should become effective at the beginning of the fiscal year to allow for implementation for the 2019-2020 school year. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-5-301. Creation — Funding.

    1. There is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the “Educational Excellence Trust Fund”.
    2. For each of the state's fiscal years, the Chief Fiscal Officer of the State shall determine as an annual allocation for this fund an amount based on the total net general revenues as enumerated in § 19-6-201(1) and (2), which were collected in the immediate past year, times a factor of 0.1414.
    1. On the last day of each month of the respective fiscal year, the Chief Fiscal Officer of the State shall certify to the Treasurer of State an amount based on one-twelfth (1/12) of the annual allocation determined in subsection (a) of this section for transfer to the fund.
    2. The Treasurer of State shall make such transfer after making the deductions required from the net general revenues as set out in § 19-5-202(b)(2)(B)(i).

History. Acts 1991, No. 10, § 1; 1997, No. 171, § 1; 1999, No. 1315, § 1.

Cross References. Educational Excellence Trust Fund, § 19-5-942.

6-5-302. Allocation and transfer of funds.

From the moneys accruing to the Educational Excellence Trust Fund, the Treasurer of State on the last day of the month shall transfer to the various funds and fund accounts listed below, the amounts determined by applying each fund or fund account's proportionate part of the total of all such allocations set forth in this section to the amount available for distribution as determined in § 6-5-301:

FISCAL YEAR ENDING Fund or Fund Accounts June 30, 2002 June 30, 2003 & Thereafter Department of Education Public School Fund Account $161,935,727 $164,138,382 Department of Career Education Public School Fund Account 9,518,065 10,032,555 Department of Education Fund Account 762,901 804,138 Department of Career Education Fund Account 2,856,557 3,010,965 Higher Education Grants Fund Account 10,499,767 11,067,322 School for Math, Sciences, and Arts Fund 0 5,988,465 Institutions of Higher Education: Arkansas State University Fund 4,797,713 5,057,049 Arkansas Tech University Fund 1,608,226 1,695,157 Henderson State University Fund 1,663,634 1,753,560 Southern Arkansas University Fund 983,576 1,036,743 University of Arkansas Fund 11,905,301 12,548,830 University of Arkansas at Little Rock Fund 4,224,809 4,453,177 University of Arkansas Medical Center Fund 7,274,293 7,667,498 University of Arkansas Medical Center Fund - Indigent Care 181,013 190,797 University of Arkansas at Monticello Fund 848,858 894,742 University of Arkansas at Pine Bluff Fund 1,473,599 1,553,253 University of Central Arkansas Fund 3,661,359 3,859,270 Arkansas State University-Beebe Fund 1,144,646 1,206,518 East Arkansas Community College Fund 599,022 631,401 National Park College Fund 895,921 944,349 Arkansas Northeastern College Fund 573,810 604,827 North Arkansas College Fund 353,775 372,898 Northwest Arkansas Community College Fund 791,763 834,561 Phillips Community College of University of Arkansas Fund 583,366 614,899 University of Arkansas Community College at Rich Mountain Fund 158,120 166,667 SAU-Tech Fund 256,801 270,683 South Arkansas Community College Fund 409,688 431,833 University of Arkansas at Fort Smith Fund 2,437,691 2,569,458 TOTAL INSTITUTIONS OF HIGHER EDUCATION $46,826,984 $49,358,170

Click to view table.

History. Acts 1991, No. 10, § 2; 1991, No. 1135, § 17; 1993, No. 830, § 1; 1995, No. 1172, § 1; 1997, No. 273, § 1; 1999, No. 1143, § 1; 2001, No. 558, § 1; 2003, No. 1305, § 8; 2016, No. 141, § 5; 2017, No. 179, § 5.

Amendments. The 2016 amendment substituted “National Park College Fund” for “National Park Community College Fund”.

The 2017 amendment substituted “University of Arkansas Community College at Rich Mountain Fund” for “Rich Mountain Community College Fund” in the table.

Cross References. Nonrecurring salary payments, § 6-20-412.

6-5-303 — 6-5-306. [Repealed.]

Publisher's Notes. These sections, concerning use of funds for salary increases, distribution to Minimum Foundation Program Aid, legislative intent, supplemental funding for public education, exemption from expenditure requirements, and school districts not qualifying, were repealed by Acts 1995, No. 1194, § 30. The sections were derived from:

6-5-303. Acts 1991, No. 10, § 3; 1991, No. 878, § 20; 1993, No. 397, § 1; 1993, No. 830, § 2.

6-5-304. Acts 1991, No. 10, § 3.

6-5-305. Acts 1991, No. 1036, § 1; 1993, No. 1226, § 1.

6-5-306. Acts 1991, No. 401, § 13.

6-5-307. Classroom teacher salary requirement.

  1. Any increase in Educational Excellence Trust Fund funds allocated for teacher salaries shall be used by school districts to provide salary increases for current licensed personnel positions and for no other purpose, except that required Social Security and teacher retirement matching required to be paid by the school districts for licensed personnel positions may be paid from the funds.
  2. Educational Excellence Trust Fund funds allocated for teacher salaries shall be disbursed by the Division of Elementary and Secondary Education to a school district in accordance with the foundation funding amount under § 6-20-2305.
  3. In determining whether a school district has had an increase in Educational Excellence Trust Fund funds allocated for teacher salaries, any annual increase in the Educational Excellence Trust Fund funds must exceed the level of the prior fiscal year to be classified as an increase.
  4. “Salary increase”, as used in this section, includes increments for experience or advanced hours or degrees.
  5. The division may promulgate rules to administer this section.

History. Acts 1995, No. 1172, § 2; 1997, No. 1324, § 1; 2001, No. 1456, § 7; 2005, No. 2121, § 20; 2005, No. 2165, § 1; 2013, No. 1138, § 1; 2013, No. 1278, § 1; 2019, No. 170, § 1; 2019, No. 910, § 1050.

Amendments. The 2013 amendment by No. 1138, in (a), substituted “licensed” for “certified” twice and inserted “positions”.

The 2013 amendment by No. 1278 deleted “not” following “shall” in (d).

The 2019 amendment by No. 170 substituted “foundation funding amount” for “state foundation funding formula” in (b); in (c), substituted “the Educational Excellence Trust Fund” for “such trust”, and “prior fiscal year” for “highest year since 1991”; added (e); and made stylistic changes.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b).

6-5-308. Legislative intent — Supplemental funding for public education.

It is the intent of this subchapter to supplement, not to supplant, funding for public education in this state. Nothing herein shall be construed to reduce that portion of general revenue or growth revenues which would otherwise accrue to the Public School Fund. The moneys provided by this subchapter are intended to be in addition to those anticipated to be provided to fund public education for the children of this state at the same historical proportionate levels.

History. Acts 1997, No. 1324, § 2.

Subchapter 4 — Higher Education Awareness Act of 1993

Effective Dates. Acts 2013, No. 969, § 12: Apr. 8, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state's constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the professional development of public school teachers and administrators is critical to the delivery of a constitutionally adequate education; and that this act is immediately necessary for school districts and educators to prepare for the professional development requirements needed for the 2013-2014 school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-5-401. Title.

This subchapter shall be known as and may be cited as the “Higher Education Awareness Act of 1993”.

History. Acts 1993, No. 1256, § 1.

6-5-402. Legislative findings.

The General Assembly hereby finds and determines the following:

  1. That the skills required for jobs and careers in the future demand increasing knowledge and training, and the continued development of the Arkansas economy depends on more of our citizens obtaining postsecondary education;
  2. That the course choices made as early as the ninth grade can affect the education options available to a student after high school;
  3. That many eighth graders and their parents or guardians are unfamiliar with the courses required to enter our state's colleges and universities or the options offered by our state's technical colleges and are unaware of the financial requirements or financial assistance available for postsecondary opportunities; and
  4. That one (1) of the education goals of Arkansas and the nation is to increase the number of young people entering postsecondary education.

History. Acts 1993, No. 1256, § 2.

6-5-403. Scope of program.

  1. The Arkansas Higher Education Coordinating Board is hereby directed to work with Arkansas public institutions of higher education, and those private institutions of higher education that wish to participate, to annually provide updated or additional information for the information packages provided to seventh-grade students and their parents or guardians on the options of postsecondary education available in Arkansas, the courses required to attend colleges and universities, and the financial requirements and assistance available for students pursuing additional education after high school.
    1. Sessions to discuss postsecondary options shall be held during the spring semester at a reasonable time at each of the state's public schools housing a seventh-grade class.
    2. The sessions should be scheduled at a time convenient to the school and the cooperating institutions of higher education.
    3. The students in the seventh grade, the school counselors, and the students' parents, guardians, or persons in loco parentis shall meet together in conference for the purpose of defining the students' educational objectives for the future and developing a course of study for grades eight through twelve (8-12).
  2. At the request of the parents, guardians, or persons in loco parentis, the school will schedule an individual conference to evaluate the student's past academic performance, to define the student's educational objectives for the future, and to develop a course of study for the student in grades eight through twelve (8-12).
    1. The board, working in conjunction with state-supported institutions of higher education, private institutions of higher education that wish to participate, the Division of Elementary and Secondary Education, and the Division of Career and Technical Education annually shall compile information for Arkansas high school students on:
      1. Academic scholarships for freshmen entering institutions of higher education in the state; and
      2. State-funded programs that provide opportunities for developing technical job skills and apprenticeships.
      1. The Division of Elementary and Secondary Education shall provide the information annually to all public high school counselors in the state.
      2. Each public high school counselor annually shall provide the information received from the Division of Elementary and Secondary Education to students in the public high school where he or she is employed.

History. Acts 1993, No. 1256, § 3; 1999, No. 478, § 2; 2007, No. 474, § 1; 2019, No. 910, § 1051.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout (d); and substituted “Division of Career and Technical Education” for “Department of Career Education” in the introductory language of (d)(1).

6-5-404. Cooperation with program.

  1. The State Board of Education, the Division of Elementary and Secondary Education, and the public schools of Arkansas shall:
    1. Cooperate with the Arkansas Higher Education Coordinating Board, the Division of Higher Education, and the institutions of higher education in providing the information; and
    2. Assist as requested by the Arkansas Higher Education Coordinating Board.
  2. Individual schools shall make special efforts to ensure that as many students and parents or guardians as possible are made aware of the opportunity to receive information, are urged to attend the counseling sessions, and are in receipt of the information packages.
  3. Businesses and industries in Arkansas are hereby requested to provide the opportunity to their employees with children in the eighth grade in public schools in Arkansas to attend the counseling sessions and to cooperate with institutions of higher education in presenting at the work site small group and one-on-one counseling on courses that are required for postsecondary education and postsecondary options and financial requirements and assistance available for postsecondary education.

History. Acts 1993, No. 1256, § 3; 2009, No. 376, § 2; 2019, No. 910, §§ 1052, 1053.

Amendments. The 2009 amendment, in (a), redesignated the subsection, substituted “Arkansas Higher Education Coordinating Board” for “department” in (a)(2), and made related changes.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (a); and substituted “Division of Higher Education” for “Department of Higher Education” in (a)(1).

6-5-405. [Repealed.]

Publisher's Notes. This section, concerning professional development for higher education awareness, was repealed by Acts 2013, No. 969, § 1. The section was derived from Acts 2009, No. 605, § 5; 2009, No. 606, § 5.

Subchapter 5 — Civil War Reenactments

Cross References. Concealing guns or drugs in school property, § 6-21-608.

Possession of handgun by minor or possession on school property, § 5-73-119.

6-5-501. Definitions.

As used in this subchapter:

  1. “Civil War” means the 1861-1865 American Civil War;
  2. “Civil War-era weapon” means an instrument used in offensive or defensive combat during the Civil War or a modern reproduction;
  3. “Civil War reenactor” means a member of an organized group acting out historical events from the Civil War and carrying an actual weapon from that era or a reproduction;
  4. “School official” means a public school district superintendent or principal, a private school superintendent or principal, a president, chancellor, or dean of a publicly supported institution of higher education, or a president or dean of a private institution of higher education; and
  5. “School property” means any building, bus, campus, ground, recreational area, athletic field, or other area or structure owned or in the charge of a public school district, a private school, a publicly supported institution of higher education, or a private institution of higher education.

History. Acts 1995, No. 130, § 1.

6-5-502. Weapons.

A person in this state who is a Civil War reenactor may carry a Civil War-era weapon on school property for educational purposes so long as a school official grants approval in advance and, if the weapon is a firearm, the firearm is unloaded.

History. Acts 1995, No. 130, § 2.

Subchapter 6 — Intervention and Prevention Grant Program for Arkansas School Children

6-5-601 — 6-5-608. [Repealed.]

Publisher's Notes. This subchapter, concerning intervention and prevention grant program for Arkansas school children, was repealed by Acts 2001, No. 537, § 1. The subchapter was derived from the following sources:

6-5-601. Acts 1995, No. 712, § 1.

6-5-602. Acts 1995, No. 712, § 1.

6-5-603. Acts 1995, No. 712, § 6.

6-5-604. Acts 1995, No. 712, § 7.

6-5-605. Acts 1995, No. 712, § 2.

6-5-606. Acts 1995, No. 712, § 3.

6-5-607. Acts 1995, No. 712, § 5.

6-5-608. Acts 1995, No. 712, § 8; 1997, No. 112, § 1.

Subchapter 7 — Arkansas Evaluation Center

6-5-701. Legislative findings.

The General Assembly finds:

  1. Effective evaluation serves to enhance quality in existing services and programs by:
    1. Ensuring accountability for funds and services used;
    2. Raising the bar for standards and expectations; and
    3. Increasing the use of data to inform program operation and decision making;
  2. The general focus of effective evaluation is on programs and services, but effective evaluation can be applied also to individuals, organizations, communities, and societies or cultures;
  3. In a state where resources are often scarce, effective and credible evaluation is the heart of a healthy system and is critical to ensure that necessary programs and services are delivered and ineffective programs and practices eliminated; and
  4. To help groups accomplish their objectives, empowerment evaluation and other collaborative forms of evaluation are particularly useful in collaborative endeavors that require complex systems and diverse groups.

History. Acts 2007, No. 1582, § 1.

6-5-702. The Arkansas Evaluation Center.

  1. There is established at the University of Arkansas at Pine Bluff the Arkansas Evaluation Center to build evaluation capacity in the State of Arkansas by:
    1. Assisting nonprofit corporations in their reporting processes to their boards, funding agencies, the government, and the public;
    2. Expanding the service of evaluation research to nonprofit corporations in the Arkansas Delta through the provision of data that helps to account for resources and through a service delivery designed to advance the quality of life in the Arkansas Delta;
    3. Assisting the General Assembly by evaluating the impact of potential and existing legislation; and
    4. Fulfilling a commitment to fiscal and philosophical accountability with the people of Arkansas by empowering the University of Arkansas at Pine Bluff to provide nationally recognized evaluation training.
  2. The center shall be housed at the University of Arkansas at Pine Bluff.

History. Acts 2007, No. 1582, § 1.

6-5-703. Duties of the Arkansas Evaluation Center.

  1. The Arkansas Evaluation Center shall:
    1. Contribute to the University of Arkansas at Pine Bluff by:
      1. Attracting students to existing courses;
      2. Providing new online and distance learning courses; and
      3. Serving as a catalyst to stimulate university faculty to conduct evaluation and research;
    2. Provide academic training that consists of a variety of modalities, including courses, virtual classrooms, practicums, workshops, and invited speakers;
    3. Assist the University of Arkansas at Pine Bluff in offering a series of evaluation-related courses, including qualitative or ethnographic approaches, statistics, research design, evaluation approaches and methods, and politics of evaluation, that will be provided primarily through the University of Arkansas at Pine Bluff's School of Education; and
    4. Assist the University of Arkansas at Pine Bluff in developing and implementing the Certificate Program in Effective Evaluation and the Masters Degree Program in Effective Evaluation.
  2. The center shall provide training on evaluation to a cadre of professionals interested in pursuing study in evaluation through course work, evaluation conference workshops, and invited lectures delivered by recognized experts.

History. Acts 2007, No. 1582, § 1.

Subchapter 8 — Health Care Student Summer Enrichment Program For Underrepresented Student Populations Act

Effective Dates. Acts 2017, No. 147, § 5: Feb. 7, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that current law that generally applies to medical schools only references the University of Arkansas for Medical Sciences; that the establishment of additional medical schools in this state requires clarification that these laws apply to any medical schools in this state; and that this act is immediately necessary to ensure that the additional medical schools and their faculty can operate fully and efficiently to protect the well-being of Arkansans. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-5-801. Title.

This subchapter shall be known and may be cited as the “Health Care Student Summer Enrichment Program for Underrepresented Student Populations Act”.

History. Acts 2009, No. 709, § 1.

6-5-802. Intent — Findings.

  1. This subchapter is intended to ensure academic success and completion of medical, pharmacy, and nursing school by an increasing number of minority students.
  2. The General Assembly finds that:
    1. The healthcare workforce and its ability to deliver quality care for all, including racial and ethnic minorities, can be improved substantially by increasing the proportion of underrepresented United States racial and ethnic minorities among health professionals;
      1. Nationally, African-Americans, Native Americans, Mexican Americans, and mainland Puerto Ricans make up twenty-five percent (25%) of the United States population.
      2. However, racial and ethnic minority students make up less than eight percent (8%) of practicing physicians and less than five percent (5%) of medical, pharmacy, and nursing school faculties;
    2. Summer enrichment programs have proven to aid in the recruitment and retention of students and faculty in all colleges on the campus of the University of Arkansas for Medical Sciences;
    3. Statistics concerning practicing physicians are as follows:
      1. Practicing physicians in Arkansas, seven thousand eight hundred eighty-nine (7,889);
      2. Practicing African-American physicians in Arkansas, one hundred fifty (150) or one and nine-tenths percent (1.9%) of Arkansas practicing physicians;
      3. An Arkansas majority physician-to-patient ratio of one (1) majority physician to five hundred seventy (570) persons;
      4. An Arkansas minority physician-to-patient ratio of one (1) physician to three thousand one hundred twenty-five (3,125) persons;
      5. A national physician-to-patient ratio of one (1) physician to five hundred twenty (520) persons; and
      6. Most minority physicians practice in underserved areas; and
    4. It is necessary for the public health and welfare of Arkansas to create the Health Care Student Summer Enrichment Program for Underrepresented Student Populations Act.

History. Acts 2009, No. 709, § 1.

6-5-803. Arkansas Academic Physician Program.

  1. There is created within the Division of Higher Education the Arkansas Academic Physician Program.
  2. To ensure academic success and completion of medical, pharmacy, or nursing school, the program shall provide academic support for students preparing to matriculate at a medical school in this state accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education.
  3. The program shall offer tutoring, group study, test-taking strategies, and supplemental instruction to promote collegiality and enhance the student's ability to master the basic sciences and increase the applicant pool.
  4. The program aims to offer premedical, prepharmacy, and prenursing students in Arkansas from diverse backgrounds the opportunity to engage in a variety of clinical hands-on experiences.

History. Acts 2009, No. 709, § 1; 2017, No. 147, § 1; 2019, No. 910, § 1054.

Amendments. The 2017 amendment, in (b), substituted “a medical school in this state accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education” for “the University of Arkansas for Medical Sciences”.

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a).

6-5-804. Health Care Student Summer Enrichment Program for Underrepresented Student Populations.

  1. There is created within the Division of Higher Education the Health Care Student Summer Enrichment Program for Underrepresented Student Populations.
  2. The program is an intensive six-week program targeting undergraduate students designed to:
    1. Increase awareness among racial and ethnic minority undergraduate students of:
      1. Common medical problems in underserved communities; and
      2. Career opportunities in fields of medicine;
    2. Provide participants with a meaningful experience in health-related fields; and
    3. Stimulate the interest of racial and ethnic minority undergraduate students in careers in science, medicine, and biomedical research.
  3. The program shall be designed to encourage participation by students of diverse backgrounds.

History. Acts 2009, No. 709, § 1; 2019, No. 910, § 1055.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a).

Subchapter 9 — The Positive Youth Development Grant Program

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-5-901. Legislative intent — Findings.

  1. It is the intent of the General Assembly to expand the availability of positive youth development programs that incorporate the standards and recommendations of the Governor's Task Force on Best Practices for After-School and Summer Programs, including without limitation:
    1. School-based and school-linked afterschool and summer programs;
    2. 21st Century Community Learning Centers;
    3. Boys and Girls Clubs of America;
    4. Young Men's Christian Associations;
    5. 4-H clubs; and
    6. School-age care programs.
  2. The General Assembly finds that:
    1. Positive youth development programs:
      1. Support working families by ensuring their children and youth are safe and productive during out-of-school time;
      2. Build strong communities by involving students, parents, business leaders, and adult volunteers in the lives of young people in positive and productive activities, including tutoring, games, and activities designed to improve math and literacy skills;
      3. May include community-based service and other experiences that offer rich and varied academic support and build workforce skills critical to employment and future economic success; and
      4. Provide safe, challenging, engaging, and supervised learning experiences that help children and youth develop their educational, social, emotional, and physical skills where the assets and strengths of youth are emphasized rather than problems or deficits; and
    2. Students participating in positive youth development programs:
      1. Have higher daily school attendance;
      2. Report higher aspirations toward finishing school and going to college;
      3. Have fewer discipline problems;
      4. Show significant gains in standardized test scores;
      5. Are more likely to have a positive view of themselves and their hope for the future;
      6. Cultivate positive bonds with people and institutions that are reflected in their exchange with peers, family, school, and community; and
      7. Are far less likely to use drugs and alcohol, have contact with police and the juvenile court system, or engage in sexual activity and other harmful or risky behaviors.

History. Acts 2011, No. 166, § 1.

6-5-902. Definitions.

As used in this subchapter:

  1. “Grant” means a Positive Youth Development Grant;
  2. “Positive youth development program” means a developmentally appropriate learning experience that helps children and youth five through nineteen (5-19) years of age develop educational, social, emotional, and physical skills during out-of-school time; and
  3. “Program” means a positive youth development program that is license-exempt or approved by the Division of Elementary and Secondary Education as complying with the Out-of-School Time Licensing Standards as adopted by the Division of Child Care and Early Childhood Education.

History. Acts 2011, No. 166, § 1; 2019, No. 910, § 1056.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (3).

6-5-903. Establishment — Participation.

    1. The Division of Elementary and Secondary Education shall establish the Positive Youth Development Grant Program to assist in the establishment and funding of positive youth development programs for children and youth five through nineteen (5-19) years of age once funding is available.
    2. The Division of Elementary and Secondary Education, with the advice and assistance of the Division of Child Care and Early Childhood Education, shall develop rules necessary for the implementation of this subchapter.
  1. Participation in a positive youth development program shall be voluntary for:
    1. Public school districts; and
    2. Parents or guardians of children and youth five through nineteen (5-19) years of age.

History. Acts 2011, No. 166, § 1; 2019, No. 910, § 1057.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “Division of Elementary and Secondary Education” for “department” in (a)(2).

6-5-904. Applications process — Allocation of funding.

    1. A public school district, licensed youth development program, license-exempt youth development program, or an applicant that partners with a public school district, licensed youth development program, or license-exempt youth development program may apply for a Positive Youth Development Grant.
    2. A program is not required to be affiliated with a school district to be eligible to receive funding under this section.
  1. Each applicant for a positive youth development grant shall:
    1. Complete and submit the appropriate application developed by the Division of Elementary and Secondary Education in collaboration with the Division of Child Care and Early Childhood Education;
    2. Submit documentation of strong community engagement and collaboration between schools, public institutions, private agencies, business, and faith-based and other community-based organizations working together to utilize the unique skills and resources to create a community learning environment; and
      1. Provide matching funds in the ratio of twenty to eighty (20:80), unless the applicant is granted a waiver by the Division of Child Care and Early Childhood Education.
      2. The Division of Child Care and Early Childhood Education may waive the required matching funds if:
        1. The applicant operates or will operate the program within the geographic boundaries of a public school district that contains at least one (1) school identified as targeted or comprehensive by the Division of Elementary and Secondary Education; and
        2. The Division of Child Care and Early Childhood Education determines that the applicant is unable to provide the matching funds, after exhausting all potential funding sources.
      3. The matching funds may consist of cash or appropriate in-kind services.
  2. Preference shall be given to applications that:
    1. Are developed collaboratively by public and nonpublic schools and private community based programs;
    2. Contain accountability systems and measurable outcomes under guidelines developed by the Division of Elementary and Secondary Education in consultation with the Division of Child Care and Early Childhood Education;
    3. Detail funds received from all public sources for existing programs, the types of existing programs, and the types of students served by existing programs; and
    4. Increase comprehensive positive youth development programs during the school year and summer.
    1. If the number of qualified applicants exceed the amount of available funding, the Division of Elementary and Secondary Education, after consultation with the Arkansas Early Childhood Commission, shall determine funding distribution.
    2. If there is a funding shortage, priority consideration shall be given to programs in communities where:
      1. A public school district has fifty percent (50%) or more students eligible for free and reduced lunches; and
      2. A public school district has been identified to receive Level 5 — Intensive support from the Division of Elementary and Secondary Education.
    1. Grants shall be three-year awards to be distributed annually, as determined by the Division of Child Care and Early Childhood Education.
    2. Grants may be renewable for positive youth development programs that meet adequate performance levels as developed by the Division of Elementary and Secondary Education.
    3. Grants are subject to the availability of funds each fiscal year.
  3. Grant funds may be used for:
    1. Services that include children and youth with disabilities in programs that also serve nondisabled children and youth;
    2. Services that include children and youth where English is a second language;
    3. Technical assistance and planning to assist communities seeking to establish quality youth development programs by building community collaboration and partnerships; and
    4. A variety of activities including without limitation:
      1. Academic supports and skill-building activities that link program content to the frameworks promulgated by the Division of Elementary and Secondary Education;
      2. Activities that improve the health and wellness of children and youth, including physical activities, nutrition and health education, and safety;
      3. Art, theater, and music programs developed in collaboration with local arts or cultural programs;
      4. Activities that address cultural diversity and inclusion;
      5. Service learning or community service experiences;
      6. Workforce development activities that link academic curriculum to actual work experiences;
      7. Leadership development, mentoring, and other services to disconnected youth;
      8. Enrichment activities not otherwise provided during the school day; and
      9. Family and community engagement.

History. Acts 2011, No. 166, § 1; 2017, No. 936, §§ 1, 2; 2019, No. 910, §§ 1058, 1059.

Amendments. The 2017 amendment substituted “identified as targeted or comprehensive” for “in school improvement, as designated” in (b)(3)(B)(i); and substituted “identified to receive Level 5 – Intensive support from the department” for “designated by the department as being in school improvement” in (d)(2)(B).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(1) and (b)(3)(B)(i); substituted “Division of Child Care and Early Childhood Education” for “division” in (b)(3)(A), the introductory language of (b)(3)(B), (b)(3)(B)(ii), (c)(2), and (e)(1); and substituted “Division of Elementary and Secondary Education” for “department” in (c)(2), (d)(1), (d)(2)(B), (e)(2), and (f)(4)(A).

6-5-905. Criteria for need-based funding.

  1. Children and youth five (5) through nineteen (19) years of age who are members of a family with a gross family income not exceeding two hundred percent (200%) of the federal poverty guidelines are eligible to attend a positive youth development program without cost if there is:
    1. A positive youth development program available in the community where the child resides; and
    2. Available space for the child to attend the program.
  2. The Division of Elementary and Secondary Education and the Division of Child Care and Early Childhood Education may develop a fee schedule and establish eligibility based on family income for children and youth five through nineteen (5-19) years of age who are not eligible under subsection (a) of this section.
  3. The Division of Elementary and Secondary Education and the Division of Child Care and Early Childhood Education shall review criteria for identifying and targeting the areas of the state with the greatest need for programs.
  4. The State Board of Education, with the advice and assistance of the Division of Child Care and Early Childhood Education, shall adopt the appropriate criteria for identifying children and youth five through nineteen (5-19) years of age with the greatest need to participate in programs funded by the grant.

History. Acts 2011, No. 166, § 1; 2019, No. 910, § 1060.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b); substituted “Division of Elementary and Secondary Education” for “department” in (c); and substituted “Division of Child Care and Early Childhood Education” for “division” in (c) and (d).

6-5-906. Evaluation.

  1. The Division of Child Care and Early Childhood Education shall be responsible for evaluating the impacts of the Positive Youth Development Grant Program.
    1. The division shall provide grant recipients with technical assistance, evaluation, program monitoring, and professional development.
    2. The division may retain up to four percent (4%) of the amount appropriated for the Positive Youth Development Grant Program for this purpose.
    1. Program evaluation and outcome measures shall be incorporated into the application and award procedure rules adopted by the division.
    2. Outcome measures shall include without limitation:
      1. Student achievement and academic skills;
      2. School engagement;
      3. Social, emotional, and behavioral development;
      4. Health and wellness; and
      5. Reduced contact with the judicial system.
  2. A minimum of one (1) time each year, the division shall report its findings and recommendations concerning the Positive Youth Development Grant Program and technical assistance provided to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the House Committee on Education, and the Senate Committee on Education.

History. Acts 2011, No. 166, § 1.

Subchapter 10 — College and Career Readiness Standards for Career and Technical Education Programs

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-5-1001. Findings.

The General Assembly finds that:

  1. Many Arkansas high school students are unprepared for the academic rigor of college or to enter the career world of work upon graduation from high school;
  2. A student who is academically prepared for college or to enter the career world upon graduation from high school is more likely to have greater economic success in his or her lifetime;
  3. Rigorous college and career readiness program standards that define what a student is expected to know and be able to do to achieve success in college or a career are consistent with the goals of Arkansas educational agencies and are critical to Arkansas's economy; and
    1. Innovative and creative instructional approaches that enable teachers to integrate academic, career, and technical instruction are necessary to ensure effectiveness.
    2. A career and technical education program of study shall provide sustained, intensive, and focused professional development opportunities that ensure that teachers have the necessary content knowledge to align and integrate curriculum and instruction.

History. Acts 2011, No. 743, § 1.

6-5-1002. Career and technical education program of study — Definition.

  1. As used in this subchapter, “career and technical education program of study” means a planned program of courses and learning experiences that:
    1. Begins with the exploration of career options;
    2. Supports basic academic and life skills; and
    3. Enables achievement of:
      1. High academic standards;
      2. Leadership;
      3. High-skill, high-wage employment preparation; and
      4. Advanced continuing education.
    1. A rigorous career and technical education program of study that links secondary education and postsecondary education and combines academic and technical education in a structured sequence of courses that progresses from broad foundation skills to occupationally specific courses shall be made available.
    2. Postsecondary credits for career and technical education program of study courses that lead to a postsecondary credential, certificate, or degree may be awarded.

History. Acts 2011, No. 743, § 1; 2015, No. 1279, § 1.

Amendments. The 2015 amendment, in (b)(1), deleted “All public school students shall be provided” at the beginning, and added “shall be made available”; and, in (b)(2), deleted “A student may earn” at the beginning, and added “may be awarded”.

6-5-1003. College and career readiness standards.

    1. The Division of Career and Technical Education shall work in collaboration with the Division of Elementary and Secondary Education and the Division of Higher Education to develop college and career readiness standards for career and technical education courses.
    2. College and career readiness standards shall address the importance of rigorous academic standards and the role rigorous academic standards have in higher education.
  1. The college and career readiness standards for career and technical education courses shall incorporate current frameworks that promote sustainability of career and technical education programs of study that include:
    1. Legislation, local resources, and administrative policies that promote career and technical education development and implementation within a school district;
    2. Partnerships with educators, businesses, and other community stakeholders that support career and technical education design, implementation, and maintenance;
    3. Professional development opportunities for administrators and teachers who foster career and technical education, including design, implementation, and maintenance;
    4. Accountability and evaluation systems and strategies that gather quantitative and qualitative data on both career and technical education components and student outcomes to determine the effectiveness of each program of study;
    5. Clear content standards that:
      1. Define what a student is expected to know and what the student should be able to do to achieve success in college or in a career; and
      2. Align and integrate curriculum and instruction;
      1. Sequences of secondary and postsecondary career and technical education courses that help students transition to postsecondary education without requiring duplicate classes or remedial education.
      2. The Division of Career and Technical Education, in collaboration with the Division of Elementary and Secondary Education and the Division of Higher Education, shall establish a common course numbering system that incorporates career and technical education courses at both the secondary and postsecondary level;
    6. Formal credit transfer agreements between secondary schools and postsecondary institutions of higher education;
    7. Comprehensive guidance counseling and academic advisory systems developed by the Division of Career and Technical Education in collaboration with the Division of Elementary and Secondary Education and the Division of Higher Education that:
      1. Enable students to make informed decisions about which program of study to pursue;
      2. Are based on state or local guidance and counseling standards, for example, the National Career Development Guidelines;
      3. Ensure that guidance counselors and academic advisors have current information about career and technical education programs of study;
      4. Offer information and tools to help students learn about postsecondary education and career options, including prerequisites that may be required;
      5. Provide resources for students to identify career interests and aptitudes and to select an appropriate career and technical education program of study based on the results;
      6. Provide information for parents, including workshops on college financial aid and applications, preparing students for college and college applications, and preparing students for careers; and
      7. Provide web-based resources and tools for obtaining student financial assistance;
    8. Innovative and creative instructional approaches that enable teachers to integrate academic, career, and technical instruction; and
    9. Valid and reliable technical skills assessments.

History. Acts 2011, No. 743, § 1; 2015, No. 1279, §§ 2-4; 2017, No. 554, § 1; 2019, No. 910, §§ 1061-1063.

Amendments. The 2015 amendment, in (b)(3), deleted “Sustained, intensive, and focused” at the beginning and deleted “and faculty” after “teachers”; substituted “in collaboration with the Department of Education and the Department of Higher Education, shall establish” for “shall work with the Department of Education and the Department of Higher Education to establish” in (b)(6)(B); and inserted “developed by the Department of Career Education in collaboration with the Department of Education and the Department of Higher Education” in the introductory language of (b)(8).

The 2017 amendment deleted “program” following “readiness” in the section heading and throughout the section; deleted “program of study” following “technical education” throughout the section; in the introductory language of (b), substituted “current frameworks that” for “consistent framework to” and substituted “that include” for “including”; in (b)(4), added “of study”; and deleted “that provide ongoing information on whether or not a student is attaining the necessary knowledge and skills for entry into postsecondary education or a career in his or her selected career and technical education program of study” from the end of (b)(10).

The 2019 amendment, in (a)(1), (b)(6)(B), and (b)(8), substituted “Division of Career and Technical Education” for “Department of Career Education”, “Division of Elementary and Secondary Education” for “Department of Education”, and “Division of Higher Education” for “Department of Higher Education”.

6-5-1004. Technical skills assessments.

  1. The Division of Career and Technical Education shall recognize valid and reliable technical skills assessments that provide evaluation of students' knowledge and skills necessary for entry into postsecondary education or a career in a selected program of study.
  2. The technical skills assessment shall:
      1. Be a third-party, industry-recognized assessment approved by the division that is based on current industry standards.
        1. The division shall provide a current list of approved third-party, industry-recognized assessments.
        2. The third-party, industry-recognized assessments shall be reviewed and approved by the division using a process developed by the division;
    1. Measure student attainment of technical skill proficiencies during a student's career and technical education program of study;
      1. Incorporate performance-based assessment measures that demonstrate the application of knowledge and skills, to the extent possible.
      2. A student who successfully completes a technical skills assessment may receive secondary credit, postsecondary credit, and special designation on the student's high school diploma; and
      1. Be used as a tool to evaluate the quality of career and technical education programs of study in secondary schools.
      2. The division shall provide technical assistance on career and technical education to secondary administrators and teachers.

History. Acts 2011, No. 743, § 1; 2017, No. 554, § 1; 2019, No. 910, §§ 1064-1066.

Amendments. The 2017 amendment rewrote the section.

The 2019 amendment substituted “Division of Career and Technical Education” for “Department of Career Education” in (a); and substituted “division” for “department” throughout (b)(1) and in (b)(4)(B).

Subchapter 11 — Council on Postsecondary Education and Career Readiness

Effective Dates. Identical Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 153: July 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Building Authority, the Arkansas Science and Technology Authority, the Department of Rural Services, and the Division of Land Surveys of the Arkansas Agriculture Department are inefficiently structured; that this inefficient structuring causes an excessive and unnecessary cost to the taxpayers of the this state; and that this act is essential to alleviating that financial burden. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2015.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-5-1101. Legislative intent.

The General Assembly finds that:

  1. Public schools should help all students:
    1. Have the reading, writing, and mathematics skills needed to succeed in all first-year coursework in associate and baccalaureate degree programs in non-mathematics-based majors; and
    2. Be ready for as many career options as possible by having a base level of employability; and
  2. The development of college and career readiness standards should be undertaken as an integrative process among:
    1. The General Assembly;
    2. State agencies that regulate and support the public educational systems of the state;
    3. Kindergarten, elementary, secondary, and postsecondary educational institutions; and
    4. The public.

History. Acts 2013, No. 585, § 1.

6-5-1102. Council on Postsecondary Education and Career Readiness established — Membership — Meetings.

  1. This subchapter establishes the Council on Postsecondary Education and Career Readiness to facilitate the collaboration of kindergarten, elementary, secondary, and postsecondary educational institutions in Arkansas in developing college and career readiness standards that align school curriculum and graduation standards with postsecondary education requirements and business community expectations for employability.
  2. The council shall consist of eleven (11) members as follows:
    1. The Commissioner of Elementary and Secondary Education or his or her designee;
    2. The Director of the Division of Higher Education or his or her designee;
    3. The Director of the Division of Career and Technical Education or his or her designee;
    4. The Director of the Arkansas Economic Development Commission or his or her designee;
    5. The Director of the Division of Workforce Services or his or her designee;
    6. A president or chancellor of an Arkansas four-year institution of higher education or his or her designee, appointed annually by the Director of the Division of Higher Education;
    7. The Executive Director of the Arkansas Association of Educational Administrators or his or her designee;
    8. The Executive Director of Arkansas Community Colleges or his or her designee;
    9. The Executive Director of the Arkansas Education Association or his or her designee;
    10. The Executive Director of the Arkansas School Boards Association or his or her designee; and
    11. The President of the Arkansas State Chamber of Commerce and the Associated Industries of Arkansas or his or her designee.
    1. The Commissioner of Elementary and Secondary Education or his or her designee shall call the first meeting of the council and serve as chair for the first meeting.
    2. The first meeting shall occur within thirty (30) days of the effective date of this subchapter.
  3. At the first meeting of the council and annually thereafter, the voting members of the council shall elect one (1) member to serve as chair for one (1) year.
    1. All members are voting members except the chair, who may vote only to break a tie vote.
    2. A majority of the members shall constitute a quorum for the transaction of business.
  4. The council shall meet at least three (3) times in a calendar year.
  5. The Department of Education shall provide meeting space and staff for the council.
  6. Council members shall serve without pay and shall not receive expense reimbursement except from the agency or institution employing the member.

History. Acts 2013, No. 585, § 1; 2015 (1st Ex. Sess.), No. 7, § 67; 2015 (1st Ex. Sess.), No. 8, § 67; 2019, No. 910, §§ 135, 1067-1069.

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “eleven (11)” for “twelve (12)” in the introductory language of (b); inserted “Executive” in (b)(4); and deleted former (b)(5) and redesignated the remaining subdivisions accordingly.

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b)(1) and (c)(1); substituted “Division of Higher Education” for “Department of Higher Education” in (b)(2) and (b)(6); substituted “Division of Career and Technical Education” for “Department of Career Education” in (b)(3); deleted “Executive” preceding “Director” in (b)(4); substituted “Division of Workforce Services” for “Department of Workforce Services” in (b)(5); and deleted “Department of Higher Education, and Department of Career Education, alternating each year” following “Department of Education” in (g).

6-5-1103. Powers and duties.

  1. The Council on Postsecondary Education and Career Readiness shall:
    1. Develop a unified strategy to:
      1. Reduce remediation rates among high school graduates entering postsecondary education by at least fifty percent (50%) by the year 2020; and
      2. Increase postsecondary graduation and completion rates;
      1. Support college and career readiness standards that:
        1. Require higher performance levels than those currently required for high school graduation; and
        2. Promote accelerated learning opportunities, including without limitation Advanced Placement courses, concurrent credit opportunities, and other accelerated opportunities with college or vocational-technical school assistance to ensure that all students have the skills to be successful in either employment or postsecondary education.
      2. College and career readiness standards shall be implemented with the understanding that until July 1, 2022, interim high school graduation standards may be used until the high school graduation standards adopted by the State Board of Education are equal to the college and career readiness standards;
    2. Develop a successful transition-to-work matrix that schools and students may use to help students develop employment skills;
    3. Develop guidelines for secondary school intervention programs and transitional courses;
    4. Develop guidelines for professional development for teachers of transitional courses and opportunities for collaboration among high school, vocational-technical school, and college faculty to ensure that transitional courses target gaps in students' college and career readiness skills; and
    5. Provide the reports required under this subchapter.
    1. The council shall establish working groups of its members, or staff of the agencies or institutions employing the members, to direct the planning process and strategic implementation of its plans.
    2. The working groups shall:
      1. Develop goals and action plans;
      2. Identify resources; and
      3. Determine expected outcomes to measure for each strategy promoting college and career readiness and postsecondary completion.

History. Acts 2013, No. 585, § 1.

6-5-1104. Reporting requirements.

  1. By June 30, 2014, the Council on Postsecondary Education and Career Readiness shall:
    1. Develop a written plan to reduce remediation rates and increase postsecondary graduation rates, including without limitation:
      1. Annual goals;
      2. Action strategies;
      3. Assigned responsibilities for implementing strategies;
      4. Timelines; and
      5. Reporting mechanisms;
    2. Provide the written plan to:
      1. The House Committee on Education and the Senate Committee on Education;
      2. The board of directors of each school district and open-enrollment charter school in this state; and
      3. The governing board of each state-supported institution of higher education in this state; and
    3. Encourage each school district board of directors and the governing board of each state-supported institution of higher education in the state to participate in the council's plan and to work collaboratively to reduce the remediation rates and further postsecondary graduation and completion rates.
  2. By June 30, 2015, and annually thereafter, the council shall report to the House Committee on Education and the Senate Committee on Education:
    1. The progress of the council's work for the year; and
    2. Its recommendations, which may include without limitation proposals for legislative action.

History. Acts 2013, No. 585, § 1.

Subchapter 12 — Advanced Placement Training and Incentive Program

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-5-1201. Established.

There is established the Advanced Placement Training and Incentive Program.

History. Acts 2013, No. 625, § 1.

6-5-1202. Purpose of the Advanced Placement Training and Incentive Program — Grant funding.

  1. The purpose of the Advanced Placement Training and Incentive Program is to:
    1. Prepare more students for:
      1. Success in higher education;
      2. Postsecondary training; and
      3. Careers in science, technology, engineering, and mathematics;
    2. Increase the number of students who graduate from institutions of higher education; and
    3. Support and enhance Advanced Placement initiatives already operating in the state.
    1. The Division of Elementary and Secondary Education shall provide grant funding to organizations that implement measures to achieve the goals of the Advanced Placement Training and Incentive Program.
    2. An organization that receives grant funding to implement the Advanced Placement Training and Incentive Program under this subchapter shall:
      1. Be affiliated with the National Math and Science Initiative; and
      2. Have demonstrated success with an Advanced Placement Training and Incentive Program.
    3. An organization that receives grant funding to provide the Advanced Placement Training and Incentive Program may:
      1. Develop public-private partnerships to advance math and science learning opportunities;
      2. Generate revenue from public or private sector entities to support other opportunities; or
      3. Accept grants, donations, gifts, or bequests.
  2. Grant funding provided by the division to an organization under this subchapter shall be used to:
    1. Support and enhance the Advanced Placement Training and Incentive Program;
    2. Pay for personal services and operating expenses required to carry out the Advanced Placement Training and Incentive Program; and
    3. Pay for technology, materials, and other resources used in the Advanced Placement Training and Incentive Program.

History. Acts 2013, No. 625, § 1; Acts 2019, No. 910, §§ 1070, 1071.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(1); and substituted “division” for “department” in (c).

6-5-1203. Components and goals of the Advanced Placement Training and Incentive Program.

  1. The Advanced Placement Training and Incentive Program shall:
    1. Provide advanced placement content directors to work, mentor, and provide resources to advanced placement and pre-advanced placement teachers in the areas of:
      1. Mathematics;
      2. Science; and
      3. English;
    2. Provide nationally recognized professional development for advanced placement and pre-advanced placement teachers that will enhance the knowledge and pedagogical skills of the teachers; and
    3. Develop and provide materials and resources for advanced placement and pre-advanced placement teachers.
  2. The overall goal of the Advanced Placement Training and Incentive Program is to:
    1. Increase the number of students enrolled in Advanced Placement mathematics, science, and English;
    2. Increase the number of students who score three (3) or more on Advanced Placement exams;
    3. Reduce the participation gaps and performance gaps in Advanced Placement classes between African-American, Hispanic, and Caucasian students;
    4. Help public high schools develop strong and successful Advanced Placement programs;
    5. Enhance and augment Advanced Placement policies and initiatives in Arkansas;
    6. Provide Advanced Placement Training and Incentive Programs in every public high school that elects to participate and strengthen its Advanced Placement program; and
    7. Increase the number of students prepared to enter science, technology, engineering, and mathematics fields in higher education or related training and occupations.

History. Acts 2013, No. 625, § 1.

6-5-1204. Participation in the Advanced Placement Training and Incentive Program.

  1. An organization that receives grant funding to provide the Advanced Placement Training and Incentive Program shall publish a list of program fees on or before June 1 each year.
  2. A public high school is eligible to participate in the Advanced Placement Training and Incentive Program.
    1. A public high school that chooses to participate in the Advanced Placement Training and Incentive Program shall pay a participation and service fee determined by the organization.
    2. A public high school may choose either to participate fully in the Advanced Placement Training and Incentive Program or to participate on a limited basis, in which case the public high school shall pay a fee for each service the public high school elects to use.

History. Acts 2013, No. 625, § 1.

Chapters 6-9

[Reserved.]

Subtitle 2. Elementary and Secondary Education Generally

Chapter 10 General Provisions

Preambles. Acts 1959, No. 61 contained a preamble which read:

“Whereas, there have been many disastrous and costly school fires which have occurred with startling frequency throughout the United States in recent years that have cost the lives of numerous school children, and

“Whereas, a number of school districts in this State have established Junior Fire Marshal Programs for the purpose of education and training in fire prevention and methods of evacuation in case of fire emergencies, and

“Whereas, the recent school fire in Chicago, Illinois, which claimed the lives of ninety (90) school children, demonstrates the compelling need for constant training and preparation for the prevention of fires and of methods of coping with fire emergencies, and

“Whereas, it is believed that an immediate program should be established in the public schools of this State for fire prevention training,

“Now, therefore … .”

Effective Dates. Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1959, No. 61, § 4: Feb. 20, 1959. Emergency clause provided: “The General Assembly does hereby determine that the constant threat of disastrous school fires poses a menace to the lives and safety of thousands of school children of this State; that many schools of this State are operating school facilities that pose a constant fire hazard; that immediate action is necessary to detect and correct such fire hazards; that constant patrolling of school facilities is necessary to reduce fire hazards and to detect fires that have commenced; and, that only by the immediate passage of this Act may said situation be corrected. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1969, No. 655, § 43: became law without Governor's signature on May 29, 1969. Emergency clause provided: “It is hereby found and determined that the Sixty-seventh General Assembly has, by a vote of two-thirds of the members elected to both Houses, voted to extend the regular session of the Sixty-seventh General Assembly, as authorized in the Constitution; that under the provisions of Amendment 7 to the Constitution, enactments of the General Assembly that do not have an emergency clause do not become effective until ninety (90) days after the date of final adjournment of the General Assembly; that the extended session of the General Assembly may not adjourn in time for this Act to take effect prior to July 1, 1969, thereby depriving the agency for which funds are appropriated herein of necessary operating funds to commence the next fiscal biennium; and in order that the appropriations made herein may be available on July 1, 1969, the General Assembly hereby determines that the immediate passage of this Act is necessary for the maintenance and operation of the essential governmental services. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval, provided that the appropriation authorized herein shall not be available until July 1, 1969.”

Acts 1989, No. 461, § 4: Mar. 10, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly that due to an outbreak of influenza several school districts may need the benefit of the provisions of this Act in the 1988-89 school year. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 1226, § 8: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1999, No. 1078, § 92: July 1, 2000.

Acts 2001, No. 1036, § 5: Mar. 22, 2001. Emergency clause provided: “It is found and determined by the General Assembly that Act 1078 of 1999 created confusion regarding the powers and duties of county boards of education; and the confusion has made it difficult for existing county boards of education to provide essential services to public schools in the state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2005, No. 1527, § 2: Apr. 5, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that some school districts are underperforming in the area of direct service Medicaid billing; that the revenue derived from payment for Medicaid services provided in the schools enables school districts to continue to provide such services in an effective and timely manner; and that this act is immediately necessary because any delay in the effective date of this act would work irreparable harm on the proper administration and provision of Medicaid services to Arkansas school children, thus endangering the learning opportunities for children in need of such services. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 2190, § 1: July 1, 2006, by its own terms.

Acts 2005, No. 2190, § 24: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the services of the county boards of education are no longer needed by the school districts; that there will be no funding available for the operation of the county boards of education; and that this act is immediately necessary because county boards of education need sufficient authority to transfer functions, duties, and records prior the end of the fiscal year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2006 (1st Ex. Sess.), No. 19, § 10: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court declared the public school funding system to be inadequate and that public schools are operating under a constitutional infirmity which must be corrected immediately; that to correct the constitutional infirmity and to ensure adequate funding for public education, the General Assembly must revise the public school funding formula, revise laws regarding public school facilities, provide funding for retirement increases and limit additional increases; and enact other necessary reform measures; and that this act is immediately necessary to ensure that reform measures are available to public schools for the 2005-2006 and 2006-2007 school years. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state's constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 143, § 2: Feb. 23, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that inclement weather creates serious challenges for school districts; that make-up days from school missed due to inclement weather has caused difficulties for school districts over the past several years; and that this act is immediately necessary to ensure school districts have additional options for managing schools and keeping students and staff safe during periods of inclement weather. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 286, § 2: Feb. 27, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that school districts need more flexibility to manage make-up school days missed due to exceptional or emergency circumstances; that we are entering the time of year when many school days are missed due to weather; and that this act is immediately necessary to ensure that school district flexibility is in place before the end of the current school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

ALR.

Tort Liability of Public Schools and Institutions of Higher Learning for Educational Malpractice. 11 A.L.R.7th 5 (2015).

Tort Liability of Private Schools and Institutions of Higher Learning for Educational Malpractice, 18 A.L.R.7th Art. 7 (2018).

6-10-101. Title.

This act shall be known as the “School Law”.

History. Acts 1931, No. 169, § 1; Pope's Dig., § 11440; A.S.A. 1947, § 80-101.

Meaning of “this act”. Acts 1931, No. 169, codified as §§ 6-10-1016-10-104, 6-10-107, 6-11-1016-11-105, 6-11-106 [repealed], 6-11-107, 6-11-110, 6-11-111, 6-11-117, 6-12-109 [repealed], 6-12-206 [repealed], 6-13-1016-13-104, 6-13-619, 6-13-620, 6-14-104 [repealed], 6-14-118, 6-16-1036-16-105, 6-16-107, 6-17-101 [repealed], 6-17-104, 6-17-105 [repealed], 6-17-401, 6-17-405 [repealed], 6-18-217, 6-18-219, 6-18-501, 6-18-507, 6-18-701, 6-19-102, 6-20-2026-20-204, 6-20-208 [repealed], 6-20-2156-20-217, 6-20-220 [repealed], 6-20-221, 6-20-222, 6-20-403, 6-20-408 [repealed], 6-20-1201, 6-20-12046-20-1215, 6-21-101, 6-21-602 [repealed], 6-21-6046-21-606, 6-51-2116-51-215, 26-80-101, 26-80-102, 26-80-104.

Case Notes

Cited: Cade v. State, 185 Ark. 1150, 51 S.W.2d 857 (1932); Goodwin v. Cross County School Dist. No. 7, 394 F. Supp. 417 (E.D. Ark. 1973).

6-10-102. Penalty.

Any officer or employee of the State Board of Education or school district board of directors who shall willfully fail or refuse to comply with any provisions of the School Law for which no punishment is otherwise provided by law shall be deemed guilty of a violation and shall be fined in any sum not less than ten dollars ($10.00) nor more than five hundred dollars ($500).

History. Acts 1931, No. 169, § 197; Pope's Dig., §§ 3598, 11638; A.S.A. 1947, § 80–1907; Acts 1999, No. 1078, § 1; 2001, No. 1036, § 1; 2005, No. 1994, § 59; 2005, No. 2190, § 1.

Publisher's Notes. For the codification of the School Law, see the “Meaning of ‘this act’” note at § 6-10-101.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

6-10-103. Prosecutions and fines.

  1. Prosecutions under this act shall be brought in the name of the State of Arkansas before any court having competent jurisdiction.
  2. Any fine collected shall be paid over to the county treasurer and be credited to the general school fund of the respective school district.
  3. No bond for costs shall be required by any court or officer in prosecutions under this act.

History. Acts 1931, No. 169, § 161; Pope's Dig., §§ 3587, 11603; A.S.A. 1947, § 80-1513; Acts 1999, No. 1078, § 2.

Meaning of “this act”. See note to § 6-10-101.

6-10-104. Duty of prosecuting attorney.

  1. It shall be the duty of the prosecuting attorneys of the State of Arkansas or their deputies in any county to prosecute the violators of this act as in the case of any other misdemeanor.
  2. The prosecuting attorney of each judicial district shall, upon being satisfied that any violation of the school laws of this state has been committed by any officer or person in any county of his or her district, which renders that officer or person so offending liable to any fine, pain, penalty, or forfeiture for damage, shall, without delay, institute in any court of competent jurisdiction such proceedings as are necessary to bring the offender to trial and secure to the county, school district, or person so damaged by the violation the benefits and reliefs to which each or any of them may be entitled.
  3. For such services the prosecuting attorney shall be allowed the same compensation as he or she is allowed in cases of misdemeanor, which shall be assessed against the offender as cost.

History. Acts 1931, No. 169, §§ 162, 182; Pope's Dig., §§ 3588, 3596, 11604, 11624; A.S.A. 1947, §§ 80-1514, 80-1908.

Meaning of “this act”. See note to § 6-10-101.

6-10-105. [Repealed.]

Publisher's Notes. This section, concerning organizational interference with the public schools, was repealed by Acts 1989, No. 950, § 1. The section was derived from Acts 1959, No. 225, §§ 1-5; A.S.A. 1947, §§ 80-1910 — 80-1914.

6-10-106. Uniform dates for beginning and end of school year — Definition.

      1. In each school year, the first day of the school year for student attendance in the public elementary and secondary schools of the State of Arkansas shall be:
        1. On or after the Monday of the week in which August 19 falls;
        2. Not earlier than August 14; and
        3. Not later than August 26.
      2. The date for beginning the school year shall be determined by the board of directors of the school district.
      3. Labor Day shall be celebrated as a school holiday in all the school districts of the state, and school shall not be held on that date.
      4. As used in this section, “week” means a seven-day period that begins on a Sunday and ends on a Saturday.
    1. The Division of Elementary and Secondary Education may grant a school district a waiver to begin school on an earlier or later date if the division determines that there exists a material and substantial reason for the school district to begin on an earlier or later date due to very exceptional or emergency circumstances such as a contagious disease outbreak, inclement weather, or other acts of God.
  1. Contracts of employment for employees in licensed personnel positions and employees in nonlicensed personnel positions of school districts may require school district employees to begin performance under their contract of employment before the first day of student attendance.
    1. If the school year in any school district extends beyond the date observed as Memorial Day, such date shall be a holiday in the school district.
    2. Provided, upon approval of the division, this date may be used as a make-up day in any school district which has unavoidably lost more than five (5) scheduled days of student attendance during the course of the school year due to contagious disease outbreaks, inclement weather, or other acts of God.
    1. A public school district that provides a week-long holiday for spring break shall schedule the spring break holiday for five (5) consecutive school days beginning on the Monday of the thirty-eighth week of the school year.
    2. The thirty-eighth week of the school year shall be calculated by counting as week one the first week in July that begins on a Sunday.
    3. Nothing in this subsection shall prevent a public school district from providing fewer than five (5) consecutive school days for the spring break holiday to comply with the division's requirement for a minimum number of days for student attendance under the Standards for Accreditation of Arkansas Public Schools and School Districts.
  2. The division shall not grant a waiver from the requirements of this section unless this section specifically authorizes the waiver.
  3. A school district shall adopt an academic calendar that includes five (5) make-up days, in addition to the number of student-teacher interaction days required by the Standards for Accreditation of Arkansas Public Schools and School Districts established by the State Board of Education, for days unavoidably lost due to exceptional or emergency circumstances resulting from a contagious disease outbreak, inclement weather, or other acts of God.

History. Acts 1983 (1st Ex. Sess.), No. 6, §§ 1, 2; A.S.A. 1947, §§ 80-1506.1, 80-1506.2; Acts 1989, No. 461, § 1; 1993, No. 103, § 1; 2009, No. 424, § 1; 2009, No. 1469, § 1; 2011, No. 46, § 1; 2011, No. 65, § 1; 2013, No. 75, § 1; 2013, No. 1073, § 1; 2013, No. 1138, § 2; 2019, No. 910, §§ 1072-1075.

Publisher's Notes. Acts 1989, No. 461, § 1, provided, in part, that this act would be applicable “beginning with the 1989-90 school year and thereafter.”

Amendments. The 2009 amendment by No. 424 inserted (d) and redesignated the subsequent subsection as (e); and rewrote (e).

The 2009 amendment by No. 1469 added (f).

The 2011 amendment by No. 46 substituted “2011-2012 and 2012-2013” for “2009-2010 and 2010-2011” in (d)(1) and (d)(4)(A); substituted “August 1, 2012, and August 1, 2013” for “August 1, 2010, and by August 1, 2011” in (d)(4)(E); and substituted “August 1, 2013” for “August 1, 2011” in (d)(4)(F).

The 2011 amendment by No. 65 subdivided and rewrote (a)(1).

The 2013 amendment by No. 75 deleted “For school years 2011-2012 and 2012-2013, each” at the beginning of (d)(1); and deleted (d)(4).

The 2013 amendment by No. 1073 added (a)(1)(D).

The 2013 amendment by No. 1138 substituted “employees in licensed personnel positions and employees in nonlicensed personnel positions” for “certified and noncertified employees” in (b).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(2); and substituted “division” for “department” in (a)(2), (c)(2), and (e) and made a similar change in (d)(3).

6-10-107. Notice of beginning of school term.

  1. At least ten (10) days before the beginning of the session of school, it shall be the duty of all school district boards of directors to provide ample means of publicity, by posting or printing notices or by public announcement, as to the date on which any session of school shall begin.
  2. The notices so posted or printed shall give in substance the provisions of this act concerning school attendance.

History. Acts 1931, No. 169, § 154; Pope's Dig., §§ 3580, 11596; A.S.A. 1947, § 80-1506.

Meaning of “this act”. See note to § 6-10-101.

Cross References. School attendance, § 6-18-201 et seq.

6-10-108. Twelve-month school year — Definition.

  1. It is found and determined by the General Assembly that public school facilities in the state are now effectively utilized only nine (9) or ten (10) months each year and that such facilities could be more efficiently utilized and educational opportunities in the various school districts could be enhanced by the establishment and operation of educational programs on a twelve (12) month per year basis. It is therefore the intent and purpose of this section to authorize public schools to initiate and maintain public school educational programs on a twelve-month basis.
  2. As used in this section, unless the context otherwise requires, “twelve-month year-round educational program” means an educational program in which all students attend school no less than the number of days required by the Standards for Accreditation of Arkansas Public Schools and School Districts between July 1 and June 30 of each school year and in which no vacation, including summer, lasts more than seven (7) weeks.
    1. The board of directors of any school district is authorized to initiate and maintain a twelve-month year-round educational program in any or all of the public schools in the school district.
    2. However, any school district which does not elect to operate on a twelve-month basis must start school in accordance with the provisions of § 6-10-106.
    1. The State Board of Education is authorized to establish appropriate standards, guidelines, and rules for the determination of average daily membership of school districts and for the distribution of state foundation funding and other forms of state aid and financial assistance to each local school district that elects to operate the public schools of the school district on a twelve-month basis, in order to provide the school district with an equitable share of the state foundation funds designated to equate a twelve-month school operation by the school district to the educational opportunities provided by a school district offering nine (9) months of public school instruction.
    2. However, the school district shall not receive any more state foundation funding for offering twelve (12) months of public school instruction than it would have received for offering nine (9) months of public school instruction.

History. Acts 1985, No. 178, §§ 1-3; A.S.A. 1947, §§ 80-1572 — 80-1574; Acts 1993, No. 294, § 3; 1993, No. 446, § 1; 1999, No. 391, § 1; 2005, No. 2121, § 1; 2015, No. 141, § 1; 2019, No. 315, § 178.

Amendments. The 2015 amendment substituted “seven (7)” for “six (6)” in (b).

The 2019 amendment substituted “and rules” for “rules, and regulations” in (d)(1).

6-10-109. Special program for training parents of students.

  1. Local matching funds shall be required for the Parents As Teachers program.
    1. Only public school districts or education service cooperatives established under The Education Service Cooperative Act of 1985, § 6-13-1001 et seq., are eligible for grants to operate Parents As Teachers programs.
    2. Grantees may subcontract with other agencies for operation of Parents As Teachers programs.
  2. No school district nor any parent or guardian shall be required to participate in the Parents As Teachers program.

History. Acts 1983 (1st Ex. Sess.) No. 37, §§ 1-3; A.S.A. 1947, §§ 80-3392 — 80-3392.2; Acts 1995, No. 1226, § 2; 1999, No. 100, § 1; 2007, No. 617, § 2.

6-10-110. Fire marshal program.

  1. The Division of Elementary and Secondary Education is authorized and directed to cooperate with and assist local school districts in this state in the establishment of an Arkansas school fire marshal program.
  2. Such program shall include, but shall not be limited to, the following:
    1. A periodic review and inspection of all school buildings and facilities for fire and other hazards;
    2. Cooperation with local fire departments and other organizations and persons in making building inspections, suggesting improvements to reduce fire hazards, and disseminating information designed to make school children and the public more conscious of fire hazards;
    3. The establishment in each school of an adequate plan for evacuation in case of fire;
      1. The training of school children in the means of recognizing fire hazards and of corrective steps to be taken in case of fire.
      2. Such training may include the establishment of school patrols consisting of school children who are to be constantly alert and on duty to detect fires or fire hazards; and
    4. Taking such additional action as may be necessary to promote the development of programs for fire prevention education and training.
  3. The State Board of Education shall promulgate reasonable and necessary rules for the establishment of minimum requirements to be met by the various school districts of this state for a school fire marshal program.
  4. Every school district in this state shall operate a school fire marshal program according to the requirements established by the state board, as authorized by this section.
    1. If the state board determines that any school district in this state has not established and maintained an adequate school fire marshal program as required by this section and by the minimum requirements established by the state board, the state board shall notify the school district in writing of the deficiencies in the school's fire marshal program and shall notify the school district that the deficiencies shall be corrected within thirty (30) days from the date of receipt of the notice.
    2. If any school district fails or refuses to correct the deficiencies within the thirty (30) days as required in this subsection, the state board shall thereafter withhold ten percent (10%) of the state equalization aid of the school district until the time that the state board determines that the deficiencies have been corrected.

History. Acts 1959, No. 61, §§ 1, 2; A.S.A. 1947, §§ 80-1630, 80-1631; Acts 1999, No. 391, § 2; 2019, No. 315, § 179; 2019, No. 910, § 1076.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (c).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a).

6-10-111. Equity Assistance Center.

  1. The Division of Elementary and Secondary Education is authorized to establish a special section within its organization, to be known as the Equity Assistance Center, designed to provide assistance to the school districts of the state in such activities as affirmative action, program accessibility, human relations, awareness, and desegregation.
  2. This assistance shall include on-site visits, workshops, program review, and any other special activity which might enable the school districts of the state to more effectively meet their civil rights responsibilities.
    1. The center created by this section shall be the liaison for the division with the United States Office for Civil Rights.
    2. The center shall maintain manuals, guidelines, procedures, and other informational materials setting requirements in the area of civil rights and describing how determination of compliance is made.
  3. Annually, each local school district in the state shall provide the center assurances of compliance with civil rights responsibilities in the form and at the time as is designated by the Commissioner of Elementary and Secondary Education.
  4. The division may withhold state aid from any school district that fails to file its assurance of compliance with civil rights responsibilities by October 15 each year or fails to file any other information with a published deadline requested from school districts by the center so long as thirty (30) calendar days are given between the request for the information and the published deadline, except that thirty (30) days notice shall not be required when the request comes from a member or committee of the General Assembly.
  5. The division is authorized to develop forms and promulgate appropriate rules and procedures as may be required to implement the provisions of this section.

History. Acts 1985, No. 167, §§ 1-3; 1985, No. 231, §§ 1-3; A.S.A. 1947, §§ 5-910.5 — 5-910.7; Acts 2001, No. 1033, § 1; 2019, No. 315, § 180; 2019, No. 910, §§ 1077-1079.

Amendments. The 2019 amendment by No. 315 deleted “regulations” following “rules” in (f).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); substituted “division” for “department” in (c)(1), (e), and (f); and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (d).

Research References

U. Ark. Little Rock L.J.

Legislative Survey, Education, 8 U. Ark. Little Rock L.J. 569.

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

6-10-112. Rent on Department of Education buildings.

  1. The various programs and departments of the Department of Education that are financed from state, federal, or cash funds are authorized to pay rent for space utilized in the buildings annexed to the Department of Education Building.
  2. Such rent is to be paid from authorized maintenance accounts.

History. Acts 1969, No. 655, § 39.

6-10-113. Eye protection — Definitions.

  1. Every student and teacher in the public schools participating in any of the following courses is required to wear industrial-quality eye protective devices at all times while participating in the following courses or laboratories:
    1. Vocational or industrial arts shops or laboratories involving experience with:
      1. Hot molten metals;
      2. Milling, sawing, turning, shaping, cutting, grinding, or stamping of any solid materials;
      3. Heat treatment, tempering, or kiln firing of any metal or other materials;
      4. Gas or electric arc welding;
      5. Any of the processes listed in this section which may be used for repairing a vehicle; or
      6. Caustic or explosive materials; or
    2. Chemical or combined chemical-physical laboratories involving caustic or explosive chemicals or hot liquids or solids.
  2. A board of education may, in its discretion:
    1. Purchase eye protective devices and furnish them free to students and teachers;
    2. Purchase eye protective devices and sell or rent the devices to students and teachers; or
    3. Require students and teachers to furnish their own eye protective devices without cost to the school.
  3. As used in this section:
    1. “Industrial quality eye protective devices” means devices meeting the standards of the American standard safety code for head, eye, and respiratory protection, Z2. 1-1959, promulgated by the American National Standards Institute;
    2. A “Board of education” shall be construed to include boards of directors of the school districts of this state, county boards of education, or the trustees of the various state-supported institutions of higher education in this state.

History. Acts 1965, No. 48, §§ 1-3; A.S.A. 1947, §§ 80-1634 — 80-1636.

Publisher's Notes. Acts 1965, No. 48, §§ 1-3 are also codified as §§ 6-51-102 and 6-61-108.

6-10-114. Unlawful to discriminate — Penalties.

    1. It shall be unlawful for any member of the board of directors, administrator, or employee of a public school to knowingly authorize the participation of students in an event or activity held at a location where some students would be excluded or not given equal treatment because of the student's race, national origin, or ethnic background.
    2. It shall be unlawful for any member of the board of directors, administrator, or employee of a public school to impose or threaten to impose disciplinary action against a person because:
      1. The person refuses to authorize or to participate in an event or activity prohibited by this section; or
      2. The person reports a violation of this section.
    1. If the State Board of Education determines that the board of directors or administrators of a public school knowingly violated this section, the public school shall be deemed to be not in compliance with the minimum standards for accreditation.
    2. If the State Board of Education determines that a person licensed by the State Board of Education knowingly violated this section, the State Board of Education shall suspend the person's license for a period not to exceed one (1) year.
    1. A violation of subdivision (a)(2) of this section shall be a Class A misdemeanor.
    2. Any person who knowingly authorizes students to participate in an activity or event in violation of this section shall be guilty of a Class A misdemeanor.
  1. It shall be a defense in any criminal prosecution or administrative hearing that the person authorized student participation in the event or activity after being threatened with disciplinary action if the person failed to authorize the participation.

History. Acts 1989, No. 852, §§ 1, 2; 2013, No. 1138, § 3.

Amendments. The 2013 amendment, in (b)(2), substituted “licensed” for “certified” and “license” for “certification”.

6-10-115. Period of silence.

  1. A public school in this state shall observe a one (1) minute period of silence at the beginning of school each school day.
  2. During the period of silence a student may, without interfering with or distracting another student:
    1. Reflect;
    2. Pray; or
    3. Engage in a silent activity.
  3. A teacher or school employee in charge of a public school classroom shall ensure that all students remain silent and do not interfere with or distract another student during the period of silence.

History. Acts 1995, No. 397, § 1; 1995, No. 539, § 1; 2013, No. 576, § 1.

Amendments. The 2013 amendment rewrote the section.

6-10-116. [Repealed.]

Publisher's Notes. This section, concerning charter schools, was repealed by Acts 1999, No. 890, § 16. The section was derived from Acts 1995, No. 1126, § 1; 1997, No. 112, § 2.

6-10-117. Four-day school week — Definition.

  1. It is found and determined by the General Assembly that granting local school districts greater flexibility in scheduling instructional time can reap educational benefits for the students and financial rewards for the school district. It is the intent of this section to authorize local school districts to initiate and maintain public school educational programs on a four-day school-week basis, so long as planned instructional time is in accord with requirements established by the State Board of Education.
  2. As used in this section, “four-day school week” means an educational program in which all students attend school for four (4) days a week but no fewer than the total number of hours required by the Standards for Accreditation of Arkansas Public Schools and School Districts in a five-day school week.
  3. The board of directors of any school district is authorized to initiate and maintain a four-day school week in any or all of the public schools in the school district.
    1. The State Board of Education shall establish appropriate standards, guidelines, and rules for the determination of average daily membership of school districts and for the distribution of state aid to each local school district that elects to operate any or all of the public schools of its school district on a four-day school-week basis, to provide the school district with an equitable share of aid funds designated to equate a four-day school-week operation by the school district to the educational opportunities provided by a school district offering a five-day school week.
    2. Provided, however, that a school district shall not receive any more state financial aid for offering a four-day school week of instruction than it would have received for offering a five-day school week of instruction.

History. Acts 1997, No. 1147, § 1; 2019, No. 315, § 181.

Amendments. The 2019 amendment substituted “and rules” for “rules, and regulations” in (d)(1).

6-10-118. Information about the availability of ARKids First.

  1. The Division of Elementary and Secondary Education shall cooperate with and assist local school districts in this state in the establishment of a program to inform students about health care coverage under the ARKids First Program Act, § 20-77-1101 et seq.
  2. The informational program shall:
    1. Be developed in cooperation with the Department of Human Services and any other state or community organization interested in assisting in the development and dissemination of information about the ARKids First Program to students and their parents or custodians;
    2. Include information about the eligibility guidelines and application for coverage under the program; and
    3. Provide recommended informational material to be delivered by local school districts to students and their parents or custodians.
  3. The State Board of Education shall promulgate rules to implement this informational program.

History. Acts 2005, No. 882, § 1; 2019, No. 315, § 182; 2019, No. 910, § 1080.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (c).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a).

6-10-119. Medicaid billing.

    1. By May 1 of each year, the Division of Elementary and Secondary Education shall identify school districts that are underperforming in the area of direct-service Medicaid billing.
    2. The division shall direct identified school districts to increase direct-service Medicaid billing by district staff or enter into an agreement with an education service cooperative or other public or private entity for the provision of direct-service Medicaid billing services.
  1. The school district for which billing services are rendered shall pay the education service cooperative providing the billing services an amount necessary to compensate the education service cooperative for costs associated with providing the services.
  2. Nothing in this section shall be construed to restrict qualified public or private providers from developing, maintaining, or expanding service relationships with school districts.

History. Acts 2005, No. 1527, § 1; 2017, No. 745, § 2; 2019, No. 910, § 1081.

Amendments. The 2017 amendment substituted “Department of Education shall identify school districts that” for “Special Education Section of the Department of Education shall determine which school districts” in (a)(1); rewrote (a)(2); and deleted “subject to the review and approval of the section” at the end of (b).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “division” for “department” in (a)(2).

6-10-120. Adequate and equitable public education system.

The General Assembly finds:

  1. It is the duty of the State of Arkansas to provide a general, suitable, and efficient system of free public schools to the children of the state under Arkansas Constitution, Article 14, § 1;
  2. The General Assembly is obligated to ensure the provision of an adequate and equitable system of education;
  3. The House Interim Committee on Education and Senate Interim Committee on Education conducted hearings in 2006 after the 2005 Supreme Court decision in Lake View School District No. 25 v. Huckabee, 364 Ark. 398 (2005);
  4. The Eighty-fifth General Assembly, in the First Extraordinary Session of 2006, implemented revisions to Arkansas law recommended by the House Interim Committee on Education and the Senate Interim Committee on Education based on the committees' findings following the 2006 hearings; and
  5. The acts passed upon the recommendation of the House Interim Committee on Education and the Senate Interim Committee on Education result in a system of public education that is adequate and equitable.

History. Acts 2006 (1st Ex. Sess.), No. 19, § 1.

6-10-121. Tornado safety drills — Definition.

    1. As used in this section, “public school” means:
      1. A school that is part of a public school district under the control and management of a local school district board of directors; or
      2. An open-enrollment public charter school.
    2. “Public school” includes the Arkansas School for Mathematics, Sciences, and the Arts, the Arkansas School for the Deaf, the Arkansas School for the Blind, and juvenile detention centers.
  1. The Director of the Division of Emergency Management shall require all public schools to conduct tornado safety drills not less than three (3) times per year in the months of September, January, and February.

History. Acts 2007, No. 828, § 1; 2013, No. 484, § 2; 2017, No. 745, § 3; 2019, No. 910, § 5756.

A.C.R.C. Notes. Acts 2013, No. 484, § 1, provided: “The General Assembly finds that:

“(1) Crime and violence remain issues in Arkansas public schools and nationwide;

“(2) The citizens of Arkansas have twice experienced the tragedy of a school shooting:

“(A) In 1997 when two (2) Stamps High School students were shot and wounded by sniper fire from a fellow student; and

“(B) In 1998 when four (4) students and one (1) teacher were killed at Westside Middle School in Jonesboro, and nine (9) more students and one (1) teacher were wounded;

“(3) In 2007, the National Center for Education Statistics reported that an average of nine and one-tenths percent (9.1%) of Arkansas's public high school students had been threatened or injured with a weapon on school property, compared to the national average of seven and eight-tenths percent (7.8%); and

“(4) With the increasing levels of crime and violence in our schools, school administrators and personnel must be prepared for more than the academic challenges of teaching students. They must also:

“(A) Develop and maintain a strong partnership with law enforcement; and

“(B) Be trained to recognize and assume their roles and responsibilities for preventing and responding to acts of violence, terrorism, natural disaster, and other crimes impacting the school environment.”

Amendments. The 2013 amendment rewrote (b).

The 2017 amendment redesignated part of (a)(1) as (a)(1)(A); and added (a)(1)(B).

The 2019 amendment substituted “Division of Emergency Management” for “Arkansas Department of Emergency Management” in (b).

6-10-122. Automated external defibrillators required.

    1. The State Board of Education shall promulgate rules to require that:
      1. Each school campus have an automated external defibrillator;
      2. Appropriate school personnel be adequately trained on or before May 31, 2011; and
      3. After May 31, 2011, appropriate school personnel be adequately trained on an ongoing basis.
    2. To enhance the potential life-saving capability of each automated external defibrillator, the rules shall include without limitation provisions regarding the availability of the school's automated external defibrillator at school-related activities, such as athletic events.
  1. To minimize the financial impact on school districts, each school district may apply for a grant from the Department of Health to purchase an automated external defibrillator or related equipment or to provide training to its personnel, or any combination of purchase of an automated external defibrillator or related equipment or provision of training to personnel.
  2. Beginning in 2011, the Commissioner of Elementary and Secondary Education shall provide a report to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor on or before July 1 each year regarding the implementation of this section and the status of automated external defibrillator availability on each school campus.

History. Acts 2007, No. 1598, § 1; 2009, No. 496, § 2; 2019, No. 910, § 1082.

A.C.R.C. Notes. Acts 2009, No. 496, § 1, provided: “This act shall be known and may be cited as the ‘Antony Hobbs III Act’.”

Amendments. The 2009 amendment inserted (a)(1)(B)(i) and (a)(2), redesignated the remaining text accordingly, and deleted “if funds are available” following “defibrillator” in (a)(1)(A); added (b) and (c); and made related changes.

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (c).

6-10-123. School-based automated external defibrillator and cardiopulmonary resuscitation programs.

  1. The State Board of Education, after consultation with the Department of Health, shall develop rules based on guidelines for automated external defibrillator and cardiopulmonary resuscitation training that incorporates at least the following:
    1. Healthcare provider oversight, including planning and review of the selection, placement, and maintenance of automated external defibrillators;
    2. Appropriate training of anticipated rescuers in the use of the automated external defibrillator and in cardiopulmonary resuscitation;
    3. Testing of psychomotor skills based on the American Heart Association scientific guidelines, standards, and recommendations for the use of the automated external defibrillator, as they existed on January 1, 2009, and for providing cardiopulmonary resuscitation as published by the American Heart Association, American Red Cross, or in equivalent course materials, as they existed on January 1, 2009;
    4. Coordination with the emergency medical services system; and
    5. An ongoing quality improvement program to monitor training and evaluate response with each use of the automated external defibrillator.
  2. Automated external defibrillator and cardiopulmonary resuscitation training shall count fully toward the existing professional development requirements for teachers and school personnel.

History. Acts 2009, No. 496, § 3.

A.C.R.C. Notes. Acts 2009, No. 496, § 1, provided: “This act shall be known and may be cited as the ‘Antony Hobbs III Act’.”

6-10-124. Updating of school policies.

  1. After each regular, fiscal, or extraordinary session of the General Assembly, the board of directors of each public school district in the state and the superintendent of the school district shall review the acts of the General Assembly for that session to determine whether a law regarding child abuse and relating to public schools has been amended or has been added to the Arkansas Code.
  2. If a board of directors of a public school district determines that the General Assembly has amended or added to the Arkansas Code a law regarding child abuse and relating to public schools, the board of directors shall update the school's policies to accord with the new law within sixty (60) days after sine die adjournment of the General Assembly.

History. Acts 2011, No. 985, § 1.

6-10-125. School district floor plan on file with emergency management coordinator — Definition.

    1. As used in this section, “floor plan” means a document containing:
      1. A schematic drawing of facilities and property used by each public school in the school district, including the configuration of rooms, spaces, and other physical features of buildings;
      2. The location or locations where children enrolled in each public school in the school district spend time regularly;
      3. The escape routes approved by the local fire department for each public school in the school district;
      4. The average daily attendance of children enrolled in each public school in the school district; and
      5. The contact information for at least two (2) emergency contacts for each public school in the school district.
    2. An aerial view of each public school in the school district and property used by each public school in the school district shall be included with the floor plan if available.
  1. A school district may file a copy of the school district's floor plan with the emergency management coordinator for the local office of emergency management or the interjurisdictional office of emergency management that serves the area where the school district is located.
  2. The emergency management coordinator shall ensure that the school district's floor plan submitted under subsection (b) of this section is available at the 911 public safety communications center and the local office of emergency management or the interjurisdictional office of emergency management that serves the area where the school district is located.
  3. The Division of Elementary and Secondary Education may adopt rules to implement this section.

History. Acts 2013, No. 1159, § 1; 2019, No. 910, § 1083.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (d).

6-10-126. Delay or early release of school due to emergency circumstances.

  1. A superintendent may delay the start time or release early a school or schools in the school district due to any of the following emergency circumstances:
    1. Inclement weather;
    2. Contagious disease outbreak; or
    3. Utility outage.
    1. For no more than five (5) school days total per year, a superintendent may, due to emergency circumstances under subsection (a) of this section, either:
      1. Delay the start of the school day until as late as 10:00 a.m.; or
      2. Release students from school no earlier than 1:00 p.m.
    2. A school day that is delayed or released early under subdivision (b)(1) of this section shall count as a credited school day, with no requirement for additional days to be added to the school calendar.

History. Acts 2015, No. 143, § 1; 2017, No. 747, § 1.

Amendments. The 2017 amendment substituted “Delay or early release of school due to emergency circumstances” for “Emergency inclement weather days” in the section heading; substituted “any of the following emergency circumstances” for “emergency inclement weather” in (a); added (a)(1), (a)(2), and (a)(3); and substituted “emergency circumstances under subsection (a) of this section” for “inclement weather” in (b)(1).

6-10-127. Making up missed school days.

  1. If a superintendent closes school for a regularly scheduled school day due to exceptional or emergency circumstances such as a contagious disease outbreak, inclement weather, or other acts of God, the superintendent may make up missed school days by adding time to the beginning or ending of a regular school day for a minimum of sixty (60) minutes.
    1. The Commissioner of Education may grant up to the equivalent of ten (10) student attendance days for public school districts that have an alternative instruction plan approved by the commissioner for the use of alternative methods of instruction, including without limitation virtual learning, on days when the public school district is closed due to exceptional or emergency circumstances such as:
      1. A contagious disease outbreak, inclement weather, or other acts of God; or
      2. A utility outage.
    2. The public school district's alternative instruction plan shall demonstrate how teaching and learning in the public school district will not be negatively impacted by the use of alternative methods of instruction under subdivision (b)(1) of this section.

History. Acts 2015, No. 286, § 1; 2017, No. 862, § 1.

Amendments. The 2017 amendment designated the existing language as (a); in (a), substituted “closes school for” for “cancels” and “may” for “can” preceding “make up”; and added (b).

6-10-128. School resource officers.

  1. A school district board of directors may accept from a local law enforcement agency with jurisdiction a school resource officer to assist with school security, safety, emergency preparedness, emergency response, or any other responsibility assigned to the school resource officer by the school or law enforcement agency.
  2. A school resource officer shall be a certified law enforcement officer and shall have statewide jurisdiction as described under § 16-81-118.

History. Acts 2015, No. 1179, § 1.

6-10-129. Efficiency in reporting — Definitions.

      1. The Division of Elementary and Secondary Education or the Division of Career and Technical Education may require a school district or public school to submit data and other information deemed necessary to assure that a school district or public school is in compliance with federal and state law and rule.
      2. A required submission may be made using the Arkansas Public School Computer Network or another system specified by the Division of Elementary and Secondary Education or the Division of Career and Technical Education.
      1. All divisions of the Division of Elementary and Secondary Education and the Division of Career and Technical Education shall have access to data and other information that is submitted to the Division of Elementary and Secondary Education or the Division of Career and Technical Education respectively.
      2. An employee of the Division of Elementary and Secondary Education or the Division of Career and Technical Education or a contractor acting on behalf of the Division of Elementary and Secondary Education or the Division of Career and Technical Education may only access data that is necessary to perform his or her duties.
  1. As used in this section, “data and other information” that is considered submitted includes information that is:
    1. Maintained by a school district or public school in eSchool, eFinance, or the Arkansas Public School Computer Network;
    2. Contained in any statewide data system or successor program; and
    3. Delivered to the Division of Elementary and Secondary Education or the Division of Career and Technical Education in paper format.
    1. The Division of Elementary and Secondary Education or the Division of Career and Technical Education may require a school district or public school to resubmit or explain data and other information if the data or other information is determined to be inaccurate, incomplete, unclear, or not in compliance with federal or state law or rule.
    2. Except as provided under subdivision (c)(1) of this section, data and other information shall not have to be resubmitted or explained in its original format or any other format.
  2. If the Division of Elementary and Secondary Education or the Division of Career and Technical Education requires data or other information to be compiled into a format that is different from what was originally submitted by a school district or public school, the Division of Elementary and Secondary Education or the Division of Career and Technical Education shall make the necessary format changes.
    1. A school district or public school may submit by electronic means any signatures required when submitting reports or data and other information to the Division of Elementary and Secondary Education and the Division of Career and Technical Education.
    2. As used in this subsection, “electronic means” means any of the following:
      1. A scanned and emailed version of a paper document;
      2. A document submitted by facsimile transmission;
      3. An electronic signature system that includes a passcode and is administered by the Division of Elementary and Secondary Education; or
      4. Other technological means approved by the Division of Elementary and Secondary Education.

History. Acts 2015, No. 1181, § 2; 2017, No. 873, § 1; 2019, No. 910, § 1084.

A.C.R.C. Notes. Acts 2015, No. 1181, § 1, provided: “Legislative Intent. The purpose of this act is to:

“(1) Reduce duplicative reporting by school districts to the Department of Education and the Department of Career Education; and

“(2) Encourage quality data to be submitted to and reused by the Department of Education and the Department of Career Education.”

Amendments. The 2017 amendment added (e).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Division of Career and Technical Education” for “Department of Career Education” throughout the section.

6-10-130. Use of English learner assessment scores.

The score on statewide student assessments for an English learner student:

  1. Shall not be counted for growth or achievement purposes in the accountability ratings of a public school or public school district if the English learner student has been enrolled in a public school or private school in the United States for less than twelve (12) months; and
  2. Shall be counted for growth purposes only and not for achievement purposes in the accountability ratings of a public school or public school district if the English learner student has been enrolled in a public school or private school in the United States for at least twelve (12) months but not more than twenty-four (24) months.

History. Acts 2017, No. 991, § 1.

6-10-131. Immunity.

  1. A superintendent of a public school district is immune from civil liability and suit for damages for the enforcement of policies adopted by the board of directors of the public school district if the policies are in compliance with state or federal law.
  2. Personnel of the Division of Elementary and Secondary Education, including without limitation the Commissioner of Elementary and Secondary Education, are immune from civil liability and suit for damages for the enforcement of policies adopted by the State Board of Education or the Division of Elementary and Secondary Education if the policies are in compliance with state or federal law.

History. Acts 2017, No. 1040, § 1; 2019, No. 910, § 1085.

Amendments. The 2019 amendment, in (b), substituted “Division of Elementary and Secondary Education” for “Department of Education” twice, and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education”.

6-10-132. Patriotic Access to Students in Schools Act — Definition.

  1. This section shall be known and may be cited as the “Patriotic Access to Students in Schools Act”.
  2. As used in this section, “patriotic society” means any youth group listed in Title 36 of the United States Code, as it existed on January 1, 2017.
    1. Beginning with the 2017-2018 school year, the principal of a public school shall allow during school hours representatives of a patriotic society the opportunity to:
      1. Speak with and recruit students to participate in the patriotic society; and
      2. Inform the students of how the patriotic society may further the students' educational interests and civic involvement to better the students' schools and communities and themselves.
    2. The patriotic society shall provide verbal or written notice to the principal of the patriotic society's intent to speak to the students.
    3. The principal shall provide verbal or written approval of the specific day and time for the patriotic society to speak to the students.
  3. A patriotic society shall be allowed the use of any school building or property to provide services allowing students to participate in activities provided by the patriotic society at times other than instructional time during the school day.

History. Acts 2017, No. 1069, § 1.

6-10-133. Bleeding control training.

  1. Beginning in the 2019-2020 school year, each public school shall provide bleeding control training as a component of a health course to be taught to students in grades nine through twelve (9-12).
  2. The State Board of Education, in consultation with the Department of Health, shall develop the bleeding control training required under this section using instructional materials developed or endorsed by the:
    1. American College of Surgeons Committee on Trauma;
    2. National Association of Emergency Medical Technicians; or
    3. Department of Health.
  3. The Division of Elementary and Secondary Education may promulgate rules to enforce this section.

History. Acts 2019, No. 245, § 1.

6-10-134. Notification to school district of the adjudication or conviction of a minor — Confidentiality — Definition.

  1. For the purposes of this section, “minor” means a:
    1. Child who is under eighteen (18) years of age; or
    2. Person who is eighteen (18) years of age or older and a student in a public secondary school.
  2. Upon receiving a written request, a court may provide information concerning the disposition of a minor who has been adjudicated delinquent or convicted of a criminal offense to the school superintendent or the designee of the school superintendent of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services.
  3. A prosecuting attorney shall notify the school superintendent or the designee of the school superintendent of the school district to which a minor transfers, in which the minor is enrolled, or from which the minor receives services if the minor is adjudicated delinquent for or convicted of:
    1. An offense involving a deadly weapon under § 5-1-102;
    2. Kidnapping under § 5-11-102;
    3. Battery in the first degree under § 5-13-201;
    4. Sexual indecency with a child under § 5-14-110;
    5. First, second, third, or fourth degree sexual assault under §§ 5-14-124 — 5-14-127; or
    6. The unlawful possession of a handgun under § 5-73-119.
  4. Information provided under subsections (b) and (c) of this section shall not be released in violation of any state or federal law protecting the privacy of the minor.
    1. An arresting agency shall orally notify the superintendent or the designee of the superintendent of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services of the arrest or detention of the minor for one (1) or more of the following offenses:
      1. An offense involving a deadly weapon under § 5-1-102;
      2. Kidnapping under § 5-11-102;
      3. Battery in the first degree under § 5-13-201;
      4. Sexual indecency with a child under § 5-14-110;
      5. First, second, third, or fourth degree sexual assault under §§ 5-14-124 — 5-14-127; or
      6. The unlawful possession of a handgun under § 5-73-119.
    2. The notice required under subdivision (e)(1) of this section shall be provided within twenty-four (24) hours of the arrest or detention of the minor or before the next school day, whichever is earlier.
      1. The superintendent of the school district in which the minor is enrolled or from which the minor receives services shall then immediately notify:
        1. The principal of the school;
        2. The resource officer of the school; and
        3. Any other school official with a legitimate educational interest in the minor.
      2. The arrest information shall:
        1. Be treated as confidential information; and
        2. Not be disclosed by the superintendent or the designee of the superintendent to any person other than a person listed in subdivision (e)(3)(A) of this section.
      3. A person listed in subdivision (e)(3)(A) of this section who is notified of the arrest or detention of a minor by the superintendent or the designee of the superintendent shall maintain the confidentiality of the information he or she receives.
    3. The arrest information shall be used by the school only for the limited purpose of obtaining services for the minor or to ensure school safety.
  5. Records of the arrest of, the detention of, investigation of, or proceedings involving a minor are confidential and are not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., unless:
    1. Authorized by a written order of the juvenile division of circuit court;
    2. The arrest or the proceedings result in the minor being formally charged in the criminal division of circuit court for a felony; or
    3. As allowed under this section or § 9-27-320.
    1. Information regarding the arrest or detention of a minor and proceedings related to the arrest or detention of the minor shall be confidential unless the exchange of information is:
      1. For the purpose of obtaining services for the minor or to ensure school safety;
      2. Reasonably necessary to achieve one (1) or both purposes; and
      3. Under a written order by the circuit court.
    2. Information regarding the arrest or detention of a minor may be given only to the following persons:
      1. A school counselor;
      2. A juvenile court probation officer or caseworker;
      3. A law enforcement officer;
      4. A spiritual representative designated by the minor or his or her parents or legal guardian;
      5. A Department of Human Services caseworker;
      6. A community-based provider designated by the court, the school, or the parent or legal guardian of the minor;
      7. A Department of Health representative;
      8. The minor's attorney or other court-appointed special advocate; or
        1. A school superintendent or the designee of the superintendent of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services.
        2. A school superintendent or the designee of the superintendent of the school district in which the minor is enrolled or from which the minor receives services shall immediately notify the following persons of information he or she obtains under subdivision (g)(1) of this section:
          1. The principal of the school;
          2. The resource officer of the school; and
          3. Any other school official with a legitimate educational interest in the minor.
    3. A person listed in subdivision (g)(2) of this section may meet to exchange information, to discuss options for assistance to the minor, to develop and implement a plan of action to assist the minor, and to ensure school safety.
    4. The minor and his or her parent or legal guardian shall be notified within a reasonable time before a meeting and may attend any meeting of the persons referred to in subdivision (g)(2) of this section when three (3) or more individuals meet to discuss assistance for the minor or the protection of the school due to the behavior of the minor.
    5. Medical records, psychiatric records, psychological records, and related information shall remain confidential unless the minor's parent or legal guardian waives confidentiality in writing specifically describing the records to be disclosed between the persons listed in subdivision (g)(2) of this section and the purpose for the disclosure.
    6. A person listed in subdivision (g)(2) of this section who exchanges any information referred to in this section may be held civilly liable for disclosure of the information if the person does not comply with the limitations set forth in this section.
    1. When a court orders a safety plan for a minor that restricts or requires supervised contact with another minor as it relates to student or school safety, the court shall direct that a copy of the safety plan and a copy of the court order regarding the safety plan concerning student safety be provided to the school superintendent, the designee of the superintendent, and the principal of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services.
    2. When a court order amends or removes any safety plan outlined in subdivision (h)(1) of this section, the court shall direct that a copy of the safety plan and a copy of the court order regarding the safety plan, as it relates to student safety, be provided to the school superintendent, or his or her designee, and the principal of the school district to which the minor transfers, in which the minor is enrolled, or from which the minor receives services.
    3. A school official who receives a court order and safety plan or information concerning the court order and safety plan shall:
      1. Keep the information confidential and shall sign a statement not to disclose the information concerning the court order and safety plan that shall be kept by the superintendent or principal along with the court order and safety plan;
      2. Keep the information confidential and shall not disclose the information to a person not listed in subdivision (g)(2) of this section;
      3. Include the information in the permanent educational records of the minor; and
        1. Treat the information and documentation contained in the court order as education records under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.
        2. A school official shall not release, disclose, or make available the information and documentation contained in the court order for inspection to any party except as permitted under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.
        3. However, the local education agency shall not under any circumstance release, disclose, or make available for inspection to the public, any college, university, institution of higher education, vocational or trade school, or any past, present, or future employer of the student the court order or safety plan portion of a student record of the minor.
    4. When a minor attains an age that he or she is no longer under the jurisdiction of the juvenile division of circuit court, the safety plan and the order regarding the safety plan shall be removed from the permanent records of the minor at the local education agency and destroyed.

History. Acts 2019, No. 647, § 1.

Chapter 11 Education

Subchapter 1 — State Board of Education

A.C.R.C. Notes. Acts 2009, No. 1180, § 4, provided: “The document attached hereto titled ‘Prologue’ contains the findings concerning the history of school board functions. The document, ‘Prologue’, shall be filed in the journals of the House and Senate.”

Publisher's Notes. Acts 1941, No. 127, § 9, provided that the provisions of the act were cumulative with other statutes on this subject.

Due to the enactment of subchapter 2 by Acts 1999, No. 1323, the existing provisions of this chapter have been designated as subchapter 1.

Cross References. Department of Education, § 25-6-101 et seq.

Department of Career Education, § 25-30-101 et seq.

Quality Education Act of 2003, § 6-15-201 et seq.

School Law, § 6-10-101 et seq.

Vocational and technical education, § 6-50-101 et seq.

Preambles. Acts 1939, No. 184 contained a preamble which read:

“Whereas, there are pending in the Seventy-Sixth Congress several measures designed to provide federal aid for education in the respective states, and

“Whereas, there is a likelihood that one such measure will be enacted by the Seventy-Sixth Congress, effective July 1, 1939, and

“Whereas, the General Assembly of Arkansas will not be in session again until 1941 and it is necessary that the General Assembly provide for the acceptance of these funds and for the administration thereof by definite constituted state authority in accordance with the federal statutes;

“Now, therefore … .”

Acts 1959, No. 160 contained a preamble which read:

“Whereas, the State Board of Education is one of the most important and most active of the State Boards or Commissions; and

“Whereas, many other State Boards and Commissions are authorized by law to pay per diem allowances and expenses;

“Therefore … .”

Acts 1987, No. 771 contained a preamble which read:

“Whereas, state laws relating to vocational and technical education changed significantly during the past six years;

“Whereas, a careful study of statutes affecting vocational and technical education reveals several conflicts among various sections, instances of legislation by inference rather than by specific provision, and inconsistency in terminology;

“Whereas, the Arkansas Statute Revision Commission is presenting to the 1987 General Assembly recommendations for recodifying the statutes; and

“Whereas, although the Commission members recognize the problems in vocational education, they believe that only the General Assembly has legal authority to resolve them;

“Now therefore … .”

Effective Dates. Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1937, No. 244, § 3: Mar. 12, 1937. Emergency clause provided: “For the reason that the financial condition of the Public Schools of Arkansas is such that immediate relief is imperative and because of the responsibility with which the Governor is charged in protecting and promoting the best interests of the public schools, because the Governor is held responsible for carrying out the mandate of the people in inaugurating free textbooks as provided in Initiative Act No. 1 of 1936, and because the laws do not give him this legal responsibility, and this act being necessary for the immediate preservation of the public peace, health and safety, an emergency is hereby declared to exist, and this act shall take effect and be in full force from and after its passage and approval.”

Acts 1941, No. 127, § 11: approved Mar. 11, 1941. Emergency clause provided: “It is found and declared by the General Assembly that many of the present members of the State Board of Education are so engaged with public duties that they do not have the time to give adequate attention to consideration of matters properly coming before the Board of Education; that reorganization of the State Board of Education as provided in this act would be materially delayed and would result in much uncertainty as to when the reforms provided for would go into effect, unless this act becomes effective immediately; that it is vital to the welfare of the public schools of this state that the State Board of Education take immediate steps to put into effect the reforms permitted by this act; that the efficient functioning of the schools for the new year beginning July 1, 1941, will depend upon immediate careful planning and execution of these plans by the Board charged with the responsibility for their administration; that the Board should have ample time prior to the beginning of the new school year to put many of these plans into effect, and that it is therefore necessary for the preservation of the public peace, health and safety that this act become effective without delay; an emergency is therefore hereby declared, and this act shall take effect and be in force from and after its passage.”

Acts 1949, No. 250, § 3: approved Mar. 8, 1949. Emergency clause provided: “Whereas, Section 11461 of Pope's Digest as now worded is susceptible to more than one interpretation as to the status of the Commissioner of Education, and whereas, said section specifically limits the salary of the Commissioner to $5,000 annually, and whereas, the expanding educational program in Arkansas requires the services of a man of unusual competence to serve as Commissioner of Education and to secure the services of such a person a salary in excess of this $5,000.00 limit must be provided, and whereas, this cannot be done at this session of the General Assembly unless this Act becomes effective immediately; now, therefore, an emergency is hereby declared to exist, and this Act being necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage.”

Acts 1968 (1st Ex. Sess.), No. 67, § 7: July 1, 1968. Emergency clause provided: “It is hereby found and determined by the General Assembly that certain school districts in this State which have experienced unusual and rapid growth in enrollment have found it necessary to increase indebtedness to continue to provide a satisfactory level of school services for such increased enrollment; that procedures must be established whereby such school districts may fund their outstanding nonbonded debt existing on the effective date of this act thereby restoring the school district's finances to a manageable basis; and that the immediate passage of this act is necessary to establish authorization and procedure for funding such nonbonded debt, therefore an emergency is hereby declared to exist and portions of this act being immediately necessary for the preservation of the public peace, health and safety, Sections 5 through 7 of this act shall be effective from and after its passage and approval. All other sections of this act shall be effective from and after July 1, 1968.”

Acts 1971, No. 38, §§ 10, 23: Feb. 4, 1971: Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that there is an immediate need to establish a more responsive and responsible State Government sufficiently flexible to meet changing conditions and to establish executive authority in those areas where executive responsibility presently lies and to promote economies in the operation of the Government by the consolidation of various departments, boards and commissions; and that only by the immediate passage of this Act may procedures be established for effectuating a more responsive, responsible and economic State Government. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1971, No. 682, § 44: Apr. 20, 1971. Emergency clause provided: “It is hereby found and determined that it may be necessary to extend the regular session of the Sixty-Eighth General Assembly as authorized in the Constitution; that under the provisions of Amendment 7 to the Constitution, enactments of the General Assembly that do not have an emergency clause do not become effective until ninety (90) days after the date of final adjournment of the General Assembly; that the extended session of the General Assembly may not adjourn in time for this Act to take effect prior to July 1, 1971, thereby depriving the agency for which funds are appropriated herein of necessary operating funds to commence the next fiscal biennium; and in order that the appropriation made herein may be available on July 1, 1971, the General Assembly hereby determines that the immediate passage of this Act is necessary for the maintenance and operation of the essential governmental services. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval, provided that the appropriation authorized herein shall not be available until July 1, 1971.”

Acts 1973, No. 62, § 3: July 1, 1973. Effective date clause provided: “This Act shall be effective July 1, 1973.”

Acts 1981, No. 250, § 2: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is essential to an orderly transition of the Department of Education into two separate divisions that this Act become effective on July 1, 1981; That unless an emergency is declared, an extension of the 1981 regular session of the General Assembly could delay the effective date of this Act beyond July 1, 1981. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after July 1, 1981.”

Acts 1987, No. 771, § 17: Apr. 7, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need to clarify the laws related to vocational and technical education. Therefore, an emergency is hereby declared to exist, and this Act being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 773, § 14: Mar. 26, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the reconstructing of the delivery system of adult education and vocational education in this state is necessary to provide quality educational programs which are accessible by all segments of the population in this state; that recent studies have shown that in the year 2000, workers must have a minimum of fourteen (14) years education to function in the work force; that the state is in desperate need of training, retraining and upgrading the work force; that this act will provide a means to establish more institutions working closely with business, industry, labor and agriculture to provide every citizen with an opportunity to participate in vocational-technical training and associate degree programs within a reasonable driving distance of their homes; that it is necessary for this act to become effective immediately so needed changes can be implemented and comprehensive planning can begin. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1992 (1st Ex. Sess.), No. 4, § 8: Feb. 27, 1992. Emergency clause provided: “It is hereby found and determined by the Seventy-Eight General Assembly, meeting in 1st Extraordinary Session, that there is an immediate need to implement the public school system statewide computer network which will link all the public schools and the Department of Education, thereby enhancing the effective and efficient operations of the public school system in Arkansas; therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect upon its passage and approval.”

Acts 1995, No. 297, § 9: Feb. 13, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the immediate effectiveness of this act is essential to the operation of the Department of Education. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1362, § 57: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly, that the provisions of Section 51 herein will provide the monies necessary to adequately fund the operations of the Department of Education each fiscal year of the 1997-99 biennium and must be made available for the 1997-98 fiscal year. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, Section 51 of this Act shall be in full force and effect from and after its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, Section 51 shall become effective on the expiration date of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, Section 51 shall become effective on the date the last house overrides the veto. The remaining sections of this Act shall become effective from and after July 1, 1997.”

Acts 1999, No. 1078, § 92: July 1, 2000.

Acts 1999, No. 1429, § 37: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1999 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1999 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1999.”

Acts 2003, No. 1097, § 2: Apr. 4, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the state needs timely and accurate financial data relating to the funding and expenditures of the various school districts in the state in order to fulfill its constitutional mandates to provide education to the children of Arkansas; that the Arkansas School Computer Network establishes a tool whereby timely and comparable information may be gathered pertaining to the funding and expenditures of the various public schools in the state; and that this act is immediately necessary because it is vital that this information be provided to the Department of Education and the General Assembly in a timely manner. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2003, No. 1769, § 2: Apr. 22, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the State of Arkansas needs timely and accurate financial data relating to the funding and expenditures of the various school districts in the state in order to fulfill its constitutional mandates to provide education to the children of Arkansas; that the Arkansas School Computer Network establishes a tool whereby timely and comparable information may be gathered pertaining to the funding and expenditures of the various public schools in the state; and that it is vital that this information be provided to the Department of Education and the General Assembly in a timely manner. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2003 (2nd Ex. Sess.), No. 90, § 5: emergency clause failed to pass. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002), declared the now existing system of education to be unconstitutional because it is both inequitable and inadequate; the Arkansas Supreme Court set forth the test for a constitutional system to be a system in which the state has an ‘absolute duty’ to provide an ‘equal opportunity to an adequate education’; and that this act is immediately necessary because the Arkansas Supreme Court instructed the General Assembly to define and provide what is necessary to provide an adequate and equitable education for the children of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 1672, § 6: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the study of staffing needs conducted pursuant to Act 64 of the Second Extraordinary Session of 2003 determined that the Department of Education is in need of reorganization; that this act would reorganize the department to help the department become more efficient and effective; and that to aid an orderly transition this act should become effective at the beginning of the next fiscal year. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2005.”

Acts 2005, No. 1936, § 4: Apr. 11, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there needs to be better coordination among educational entities in the state; that it is imperative to include science, mathematics, and technology interests in the coordination efforts; and that this act is immediately necessary because the Arkansas Commission for Coordination of Educational Efforts is in the process of developing recommendations for improvements in education in the state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2006 (1st Ex. Sess.), No. 38, § 4: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that current Arkansas law does not provide sufficient information on the cost of administrative rules promulgated by the State Board of Education and the State Board of Workforce Education and Career Opportunities; and that this bill will provide critical information on the cost of administrative rules to public school districts and will minimize the possibility of the placement of unfunded mandates upon public school districts. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1463, § 2: July 1, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the obligation of the state to provide a substantially equal opportunity for an adequate education to the public students of this state; that public school district accountability to the Department of Education and to the General Assembly is a key element to the state's ability to meet that obligation; and that this act is immediately necessary to ensure that any changes to the data collection systems used by the Department of Education and public school districts are provided to public school districts at the beginning of the 2009-2010 school year. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2009.”

Acts 2015, No. 525, § 2: Mar. 18, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Commissioner of Education is critical to the success of public education; that the qualities of a Commissioner of Education have changed along with the education system in general; and that this act is immediately necessary to ensure that the requirements for the Commissioner of Education are appropriate. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2017, No. 565, § 29: Mar. 22, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act will create more efficient regulation of private career education; and that this act is immediately necessary to provide Arkansas citizens seeking private career education the consumer protection services they need. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

C.J.S. 78 C.J.S., Schools, § 96 et seq.

6-11-101. Members.

  1. The State Board of Education shall be composed of nine (9) members:
    1. Two (2) members to be selected from each of the congressional districts of the state as they exist at the time of appointment; and
    2. One (1) member to be appointed at large from within the state.
    1. The term of office of a member of the state board shall be for a single term of seven (7) years.
      1. Any member appointed to the state board to fill a vacancy for an uncompleted term with less than three (3) years remaining on the original term may be reappointed to an additional term of seven (7) years.
      2. No member serving three (3) or more years on the state board may be reappointed.
    2. No current or new member shall be allowed to resign in order to be appointed to a new term on the state board.
  2. The membership of the state board shall reflect the diversity in general education.
    1. No person may serve as a member of the state board unless he or she is a qualified elector and is a person of high moral standards and recognized ability.
    2. Neither the Commissioner of Elementary and Secondary Education nor any candidate for public office, holder of a public office in the state, schoolteacher, county or city superintendent, employee of a state-supported college or university, or member of any board of trustees of any state institution of higher education shall serve as a member of the state board.
  3. The members of the state board shall be appointed by the Governor, subject to the confirmation of the Senate and shall take the oath of office for officers prescribed by the Arkansas Constitution.
    1. Whenever a vacancy occurs in the membership of the state board, the Governor shall appoint a successor who shall serve the remainder of the unexpired term of the member that he or she succeeded, subject to all other provisions of this section.
    2. Resignation, disqualification, incapacitation from mental or physical disability or otherwise, or change in status from the eligibility requirements for membership on the state board shall automatically create a vacancy in the membership of the state board, and no such member shall thereafter exercise any of the functions of membership on the state board even though his or her successor has not been appointed.
    1. Members of the state board shall be subject to removal from office by the Governor when the actions or condition of a member shall be considered as sufficient cause for removal.
    2. However, before a member may be removed for cause, this cause must have been accepted as true, good, and sufficient by a majority written vote of all members of the state board after a formal hearing at a regular or special session of the state board.
  4. The members of the state board shall serve without remuneration but may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq., as follows:
    1. Actual expenses while attending regular and special meetings of the state board; and
    2. A per diem allowance when in attendance at regular or special meetings of the state board.

History. Acts 1931, No. 169, §§ 3-5; 1937, No. 244, § 1; Pope's Dig., §§ 11442 — 11445; Acts 1941, No. 127, §§ 1-4; 1959, No. 160, § 1; 1971, No. 38, § 10; 1973, No. 62, § 1; A.S.A. 1947, §§ 5-910, 80-102 — 80-105, 80-108; Acts 1993, No. 294, § 4; 1995, No. 297, § 1; 1997, No. 250, § 14; 1999, No. 885, § 1; 2003 (2nd Ex. Sess.), No. 90, § 4; 2007, No. 344, § 1; 2009, No. 376, § 3; 2015, No. 846, § 2; 2017, No. 540, §§ 2, 3; 2019, No. 910, § 1086.

Amendments. The 2009 amendment inserted “Arkansas” in (e).

The 2015 amendment repealed (b)(4).

The 2017 amendment substituted “at the time of appointment” for “on the July 31, 2007” in (a)(1); and deleted “removal from the district from which he or she is appointed” following “Resignation” in (f)(2).

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (d)(2).

6-11-102. Commissioner of Elementary and Secondary Education.

    1. Subject to confirmation by the Governor, the State Board of Education is empowered to employ a person to act as the Commissioner of Elementary and Secondary Education and who shall be the administrative head of the Division of Elementary and Secondary Education.
    2. The commissioner shall serve at the pleasure of the Governor.
    3. The commissioner shall report to the Secretary of the Department of Education.
  1. The commissioner shall:
    1. Devote all of his or her time to the duties of his or her office;
    2. Act as an agent of the state board; and
    3. Perform other duties as are designated by the state board and by statute.
    1. The person selected as the commissioner shall:
      1. Be a person of good moral character, recognized as a leader in the field of education, and qualified technically and by experience to direct the work of the division; and
      2. Unless a deputy commissioner meets the requirements of this subdivision (c)(1)(B), a person selected as commissioner shall:
        1. Hold a master's degree from an accredited institution;
        2. Have had ten (10) years' experience as a teacher, five (5) of which must be of an administrative or supervisory nature; and
        3. Hold a valid state teacher's license.
    2. No person who is related within the fourth degree of consanguinity or affinity to any member of the state board shall be eligible to serve as commissioner.
  2. It is the specific intention of this act to define and declare the commissioner to be the employee of the state board.
    1. The commissioner, or a disbursing agent designated by him or her and approved by the state board, shall give bond to the State of Arkansas as provided by law for other disbursing agents conditioned for the faithful performance of his or her duties and the faithful accounting for all the school money of the state, of any county, or of any school district that may come into his or her hands.
    2. The bond shall be in a solvent surety company having a right to do business in the State of Arkansas and shall be approved by the state board.
    3. The premium on the bond shall be paid by the state board as one of the expenses of the state board.
  3. The state shall furnish the commissioner with suitable offices.

History. Acts 1931, No. 169, §§ 22, 23; Pope's Dig., §§ 11461, 11462; Acts 1941, No. 127, § 7; 1949, No. 250, § 1; 1971, No. 38, § 10; A.S.A. 1947, §§ 5-910, 80-118, 80-120; Acts 1987, No. 771, § 9; 1993, No. 294, § 4; 1995, No. 297, § 2; 1999, No. 1323, § 3; 2005, No. 1672, § 2; 2013, No. 1073, § 2; 2013, No. 1138, § 4; 2015, No. 525, § 1; 2019, No. 910, §§ 1087, 1088.

A.C.R.C. Notes. The operation of subsection (e) of this section was suspended by adoption of a self-insured fidelity bond program for public officers, officials, and employees, effective July 20, 1987, pursuant to § 21-2-701 et seq. Subsection (e) of this section may again become effective upon cessation of coverage under that program. See § 21-2-703.

Publisher's Notes. Acts 1931, No. 169, § 28 transferred the duties of the State Superintendent of Public Instruction to the Commissioner of Education. Acts 1971, No. 38 changed the title of the Commissioner of Education to the Director of Education. Acts 1981, No. 64 divided the Department of Education into two divisions to be directed by a Director of General Education and a Director of Vocational and Technical Education.

Amendments. The 2013 amendments by Nos. 1073 and 1138 substituted “license” for “certificate” in (c)(1)(D).

The 2015 amendment substituted “shall” for “must” in the introductory language of (c)(1); added the introductory language of (c)(1)(B); redesignated (c)(1)(B) as (c)(1)(B)(i); and redesignated (c)(1)(C)-(D) as (c)(1)(B)(ii)-(iii).

The 2019 amendment, in (a)(1), substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” and substituted “Division of Elementary and Secondary Education” for “Department of Education”; added (a)(3); and substituted “division” for “department” in (c)(1)(A).

Meaning of “this act”. Acts 1931, No. 169, codified as §§ 6-10-1016-10-104, 6-10-107, 6-11-1016-11-105, 6-11-106 [repealed], 6-11-107, 6-11-110, 6-11-111, 6-11-117, 6-12-109 [repealed], 6-12-206 [repealed], 6-13-1016-13-104, 6-13-619, 6-13-620, 6-14-104 [repealed], 6-14-118, 6-16-1036-16-105, 6-16-107, 6-17-101 [repealed], 6-17-104, 6-17-105 [repealed], 6-17-401, 6-17-405 [repealed], 6-18-217, 6-18-219, 6-18-501, 6-18-507, 6-18-701, 6-19-102, 6-20-2026-20-204, 6-20-208 [repealed], 6-20-2156-20-217, 6-20-220 [repealed], 6-20-221, 6-20-222, 6-20-403, 6-20-408 [repealed], 6-20-1201, 6-20-12046-20-1215, 6-21-101, 6-21-602 [repealed], 6-21-6046-21-606, 6-51-2116-51-215, 26-80-101, 26-80-102, 26-80-104.

6-11-103. Officers.

  1. The State Board of Education shall elect one (1) of its number chair, one (1) vice chair, and such other officers as the state board deems necessary to perfect its organization.
  2. The Commissioner of Elementary and Secondary Education shall act as ex officio secretary of the state board without a vote.

History. Acts 1931, No. 169, § 7; Pope's Dig., § 11447; Acts 1941, No. 127, § 5; A.S.A. 1947, § 80-107; Acts 1987, No. 771, § 5; 1991, No. 773, § 7; 1995, No. 297, § 3; 1999, No. 1323, § 4; 2019, No. 910, § 1089.

Amendments. The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b).

6-11-104. Meetings.

  1. The State Board of Education shall meet a minimum of six (6) times annually.
  2. In any of its meetings before the end of the calendar year, the state board shall determine the meeting dates for the following year.
    1. Special meetings may be called by the chair of the state board with no less than twenty-four (24) hours notice to the members and the Commissioner of Elementary and Secondary Education and with timely responses from enough state board members that they will attend the meeting so as to indicate that a quorum will be present.
    2. In the absence of the chair, the commissioner shall call a meeting on the request of three (3) members of the state board with the same notice and response requirements.
    3. If both the chair and the commissioner shall be absent or refuse to call a meeting, any three (3) members of the state board may call a meeting by utilizing the same notice and response requirements in notifying the members and the office of the commissioner.

History. Acts 1931, No. 169, § 6; Pope's Dig., § 11446; Acts 1981, No. 250, § 1; 1983, No. 600, § 1; A.S.A. 1947, § 80-106; Acts 1987, No. 511, § 1; 1993, No. 294, § 4; 1997, No. 703, § 1; 1999, No. 1323, § 5; 2017, No. 745, § 4; 2019, No. 910, § 1090.

Amendments. The 2017 amendment substituted “In any of its meetings before the end of the calendar year, the state board shall” for “The state board will meet each December to” in (b).

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (c)(1).

6-11-105. Powers and duties.

  1. The State Board of Education shall:
    1. Have general supervision of the public schools of the state;
    2. Recommend courses of study for the public schools and teacher training institutions;
    3. Issue licenses based upon credentials presented by applicants for licenses to teach in the public schools of the state;
    4. Qualify and standardize public schools and prescribe requirements for accrediting and grading public schools;
    5. Supervise the operation of school district budgets;
    6. Supervise the purchase and distribution of textbooks;
    7. Take such other action as it may deem necessary to promote:
      1. The physical welfare of school children;
      2. The organization and efficiency of the public schools of the state; and
      3. Public education and awareness about racial profiling;
      1. Perform all other functions that may now or hereafter be delegated to the state board by law.
      2. However, this section shall not prohibit the state board and the Division of Elementary and Secondary Education from issuing teachers' licenses upon the results of teachers' examinations as now provided by law;
    8. Eliminate unnecessary reports and paperwork by yearly identifying and compiling a list of all reports that are required from local school districts by the division or the state board for the school year;
    9. Adopt policies to ensure, except as allowed under subsection (b) of this section, that local school districts are not required by the state board or the division to:
      1. Provide information that is already available on a division student information management system or housed within the division;
      2. Provide the same written information more than one (1) time during a school year unless the information has changed during the school year; or
      3. Complete forms for children with disabilities that are not necessary to ensure compliance with federal statutes and regulations, including, but not limited to, the Individuals with Disabilities Education Act, state mandates, and corresponding appropriations governing the provision of special education services to students with disabilities;
      1. If the state board orders the takeover of a school district under authority granted under this title and also orders the removal of the school district board of directors, the state board may assume all authority of the school district board of directors as may be necessary for the day-to-day governance of the school district.
      2. The state board may designate the authority granted under this subdivision (a)(11) to the Commissioner of Elementary and Secondary Education; and
    10. Have general supervision of career and technical education.
  2. The state board may require information available on a division student information management system or require the same information twice if the state board can demonstrate a compelling need and can demonstrate there is not a more expeditious manner of getting the information.
  3. The state board may organize and, from time to time, change and alter the division into branches or sections as may be found necessary and desirable by the commissioner to perform all proper functions and to render maximum service relating to the operation and improvement of the general education programs of the state.
  4. The state board shall adopt rules for its meetings and proceedings as it deems advisable.

History. Acts 1931, No. 169, §§ 7, 14; Pope's Dig., §§ 11447, 11453; Acts 1941, No. 127, §§ 5, 6, 8; A.S.A. 1947, §§ 80-107, 80-113, 80-122; Acts 1987, No. 771, §§ 5, 11; 1999, No. 1323, §§ 6, 7; 2003, No. 413, § 1; 2005, No. 2136, § 1; 2009, No. 1473, § 1; 2011, No. 989, § 1; 2013, No. 1073, §§ 3, 4; 2013, No. 1138, §§ 5, 6; 2017, No. 745, § 5; 2019, No. 315, § 183; 2019, No. 910, §§ 1091-1096.

Amendments. The 2009 amendment deleted (a)(2) and redesignated the remaining subdivisions accordingly; and, in (a)(3), deleted “and regulations for the sanitary inspection of all buildings and” following “rules.”

The 2011 amendment added (a)(12).

The 2013 amendment by No. 1073 substituted “licenses” for “certificates” in (a)(4) [now (a)(3)]; in (a)(9)(B) [now (a)(8)(B)], substituted “this section” for “nothing in this act”, inserted “not” following “shall”, and substituted “licenses” for “certificates”.

The 2013 amendment by No. 1138 substituted “licenses” for “certificates” twice in (a)(4) [now (a)(3)] and once in (a)(9)(B) [now (a)(8)(B)].

The 2017 amendment repealed former (a)(3).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (d).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(8)(B); substituted “division” for “department” throughout the section; substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a)(11)(B); and added (a)(12).

U.S. Code. The Individuals with Disabilities Education Act, referred to in this section, is codified as 20 U.S.C. § 1400 et seq.

Case Notes

Cited: Lavender v. City of Rogers, 232 Ark. 673, 339 S.W.2d 598 (1960); Lavender v. City of Rogers, 233 Ark. 161, 343 S.W.2d 103 (1961); Little Rock Sch. Dist. v. Pulaski County Special Sch. Dist. No. 1, 597 F. Supp. 1220 (E.D. Ark. 1984).

6-11-106. [Repealed.]

Publisher's Notes. This section, concerning the State Board of Vocational Education, was repealed by Acts 1999, No. 1323, § 8. The section was derived from Acts 1931, No. 169, § 16; Pope's Dig., § 11455; A.S.A. 1947, § 80-115; Acts 1987, No. 771, § 8.

6-11-107. Official seal.

The State Board of Education shall adopt a seal, and the seal shall be used by the Commissioner of Elementary and Secondary Education to authenticate documents or copies of documents as the state board or commissioner may deem advisable.

History. Acts 1931, No. 169, § 19; Pope's Dig., § 11458; A.S.A. 1947, § 80-109; Acts 1987, No. 771, § 6; 1999, No. 1323, § 9; 2019, No. 910, § 1097.

Amendments. The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education”.

6-11-108. [Repealed.]

Publisher's Notes. This section, concerning the employment of personnel by the State Board of Education, was repealed by Acts 2001, No. 537, § 2. The section was derived from Acts 1941, No. 127, § 8; A.S.A. 1947, § 80-122; Acts 1987, No. 771, § 11; 1999, No. 1323, § 10.

6-11-109. [Repealed.]

Publisher's Notes. This section, concerning approval of a school district's contract by the State Board of Education, was repealed by Acts 2007, No. 1573, § 42. The section was derived from Acts 2003, No. 1738, § 5.

6-11-110. Uniform system of records — Reports.

  1. The State Board of Education shall prescribe a uniform system of records to be kept by the school directors, principals, and teachers of schools.
  2. All the school officials and employees listed in subsection (a) of this section shall make reports to the Commissioner of Elementary and Secondary Education as may be designated by the state board.

History. Acts 1931, No. 169, § 18; Pope's Dig., § 11457; A.S.A. 1947, § 80-117; Acts 1999, No. 1323, § 11; 2019, No. 910, § 1098.

Amendments. The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b).

6-11-111. Records of proceedings — Annual report.

  1. The State Board of Education shall keep in the office of the Commissioner of Elementary and Secondary Education a complete record of the minutes of its meetings and other proceedings and annually shall make a report to the Governor that shall embody the report of the commissioner to the state board.
  2. At the opening of each regular session of the General Assembly, the Governor shall transmit to the General Assembly each annual report of the state board for each year of the biennium preceding the regular session of the General Assembly.
    1. Each annual report of the state board shall be printed by the state board and distributed among the various school officers of the state or made available to public school districts by including a link to the annual report on the Division of Elementary and Secondary Education website.
    2. The annual report shall include without limitation the information required by § 6-20-2304(b).

History. Acts 1931, No. 169, §§ 17, 25; Pope's Dig., §§ 11456, 11464; A.S.A. 1947, §§ 80-110, 80-112; Acts 1987, No. 771, § 7; 1999, No. 1323, § 12; 2007, No. 1587, § 1; 2009, No. 376, § 4; 2019, No. 910, §§ 1099, 1100.

Amendments. The 2009 amendment inserted “to the state board” in (a); inserted “each annual report of the state board for each year of the biennium preceding the regular session of the General Assembly” in (b); and made minor stylistic changes.

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a); and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c)(1).

Cross References. Annual report and statement of finances, § 6-51-214.

6-11-112. Power to make plans coordinating state and federal laws.

The State Board of Education is empowered to make plans, promulgate rules, and seek waivers for flexibility as necessary for this state to meet the requirements of a law enacted by the United States Congress for general education, including without limitation the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95, or any supplementary federal regulations, directives, or decisions of the United States Department of Education pertaining to that legislation.

History. Acts 1955, No. 88, § 2; A.S.A. 1947, § 80-141; Acts 1987, No. 771, § 14; 1999, No. 1323, § 13; 2013, No. 1429, § 1; 2017, No. 745, § 6.

Amendments. The 2013 amendment inserted “promulgate”, “including without limitation … Pub. L. No. 107-110”, and “directives, or decisions of the United States Department of Education”, substituted “seek waivers for flexibility” for “regulations”, and deleted “in order” following “as necessary”.

The 2017 amendment substituted “Every Student Succeeds Act, Pub. L. No. 114-95” for “No Child Left Behind Act of 2001, Pub. L. No. 107-110”.

U.S. Code. The Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95, is codified as 20 U.S.C. § 6301 et seq.

6-11-113. Federal aid — Acceptance and distribution generally.

    1. The General Assembly accepts all federal aid to education that may be provided by the United States Congress.
    2. The State Board of Education is designated as the state educational authority for the purpose of representing the state in the administration of funds provided by the United States Congress.
    3. The state board is empowered to promulgate such rules and enforce such federal regulations as are necessary on the part of the state to meet any and all requirements of the United States Government in the distribution of federal aid.
    4. The state board shall provide for the proper auditing and accounting of all federal funds and for making all necessary reports regarding the expenditures of the federal funds.
    5. The state board shall perform such other functions as may be prescribed by the act providing aid.
  1. The Treasurer of State is designated to serve as trustee for such funds as may be apportioned to the State of Arkansas in this connection.
  2. The funds shall be disbursed according to the provisions of the federal act allocating them.

History. Acts 1939, No. 184, §§ 1, 2; A.S.A. 1947, §§ 80-123, 80-124; Acts 1987, No. 771, § 12; 1999, No. 1323, § 14; 2019, No. 315, § 184.

Amendments. The 2019 amendment substituted “rules and enforce such federal regulations” for “regulations” in (a)(3).

Case Notes

Cited: Little Rock Sch. Dist. v. Pulaski County Special Sch. Dist. No. 1, 597 F. Supp. 1220 (E.D. Ark. 1984).

6-11-114. [Repealed.]

Publisher's Notes. This section, concerning receipt and administration of federal aid for school facilities, was repealed by Acts 2009, No. 1473, § 2. The section was derived from Acts 1955, No. 88, § 1; A.S.A. 1947, § 80-140; Acts 1987, No. 771, § 13.

6-11-115. Special contracts.

The State Board of Education is authorized to enter into and carry out such contractual agreements and arrangements with local school districts and other agencies as may be found necessary to implement any and all sections of Pub. L. No. 89-10, as amended, and other federal programs, including services for children of migratory farm workers, services for persons with mental and physical disabilities as set out under Title VI of Pub. L. No. 89-10 [repealed], and any and all other services found to be essential to the extension of the benefits to eligible participants.

History. Acts 1971, No. 682, § 36; 1997, No. 208, § 3.

A.C.R.C. Notes. Acts 1997, No. 208, § 1, as reenacted by Acts 2017, No. 255, § 1, provided:

“Legislative intent and purpose. The General Assembly hereby acknowledges that many of the laws relating to individuals with disabilities are antiquated, functionally outmoded, derogatory, and ambiguous or are inconsistent with more recently enacted provisions of the law. Consequently, it is the intent of the General Assembly and the purpose of this act to clarify the relevant chapters of Titles 1, 6, 9, 13, 14, 16, 17, 20, 22, 23, and 27 of the Arkansas Code of 1987 Annotated.”

U.S. Code. Pub. L. No. 89-10, referred to in this section, is the Elementary and Secondary Education Act of 1965, which was reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95, 20 U.S.C. § 6301 et seq.

Titles I, VII, and X of Pub. L. No. 89-10 are codified in Chapter 70 of Title 20 of the U.S. Code. Titles II, III, IV, V, VI, VIII, and IX (except part C) of Pub. L. No. 89-10 were repealed by 20 U.S.C. § 3863(a) [repealed].

6-11-116. Standards for priority of projects.

  1. The Commission for Arkansas Public School Academic Facilities and Transportation is granted authority to prescribe principles, standards, and criteria to be followed in setting up priority of projects, provided that such principles, standards, and criteria are not in conflict with federal statutes.
  2. Such principles, standards, and criteria shall include the following factors which shall be given priority over other considerations so long as they are not in conflict with the federal statutes:
    1. The relative condition of facilities within a school district, taking into consideration the age and condition of school buildings and facilities and the need for replacement or repair thereof to properly accommodate the school population of the school district and to protect the health and safety of the school children;
    2. The relative financial ability of school districts to provide facilities with local taxes;
    3. The adequacy of satisfactory facilities within feasible transportation distances of children within a school district or county; and
    4. The relative debt service obligations of districts in proportion to the statutory limitations on bonded indebtedness of school districts.

History. Acts 1955, No. 88, § 3; A.S.A. 1947, § 80-142; Acts 2009, No. 1473, § 3.

Amendments. The 2009 amendment substituted “Commission for Arkansas Public School Academic Facilities and Transportation” for “State Board of Education” in (a).

Case Notes

Cited: Little Rock Sch. Dist. v. Pulaski County Special Sch. Dist. No. 1, 597 F. Supp. 1220 (E.D. Ark. 1984).

6-11-117. Copies of documents as evidence.

Copies of any papers or documents on file in the office of the Commissioner of Elementary and Secondary Education authenticated by him or her with the seal of the State Board of Education shall be admissible in evidence with the same effect as the original.

History. Acts 1931, No. 169, § 26; Pope's Dig., § 11465; A.S.A. 1947, § 80-121; Acts 1987, No. 771, § 10; 1999, No. 1323, § 15; 2019, No. 910, § 1101.

Amendments. The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education”.

Research References

Ark. L. Rev.

Documentary Evidence — Arkansas, 15 Ark. L. Rev. 79.

6-11-118. [Repealed.]

Publisher's Notes. This section, concerning the Office of Rural Services, was repealed by Acts 2007, No. 1573, § 43. The section was derived from Acts 1981, No. 682, §§ 1-4; A.S.A. 1947, §§ 80-5401 — 80-5404; Acts 1995, No. 1296, § 13; 1999, No. 1078, § 3; 2005, No. 2190, § 2.

6-11-119. [Repealed.]

A.C.R.C. Notes. The repeal of this section by Acts 2017, No. 745, § 7, effective August 1, 2017, superseded the amendment of this section by Acts 2017, No. 565, § 2, effective March 22, 2017. Acts 2017, No. 565, § 2, substituted “Department of Higher Education under § 6-51-601 et seq.” for “State Board of Private Career Education” in subdivision (c)(2).

Publisher's Notes. This section, concerning correspondence courses, was repealed by Acts 2017, No. 745, § 7. The section was derived from Acts 1963, No. 516, §§ 1-3; A.S.A. 1947, §§ 80-143 — 80-145; Acts 1999, No. 1124, § 1; 2005, No. 1994, § 60; 2017, No. 565, § 2.

6-11-120. Educational programs for children in institutions.

  1. The State Board of Education is authorized to provide supervision, accreditation, and other services essential to the development of desirable educational programs for children at the elementary and secondary levels who are residents in institutions under the control of a public board or commission.
  2. The State Board of Education at its discretion may enter into formal contracts or other agreements with publicly controlled institutions or with local school district boards for the purpose of serving the educational needs of children resident in such institutions or local school districts.
  3. The State Board of Education is authorized to take any and all action necessary to qualify children resident in such institutions or school districts for all benefits available under the provisions of Pub. L. No. 89-10, as amended by Pub. L. No. 89-313 and Pub. L. No. 89-750.
  4. Authorizations contained in this section shall include any subsequent amendments which may be enacted by the United States Congress, provided the amendments are not in conflict with the Arkansas Constitution or statutes of the State of Arkansas.

History. Acts 1968 (1st Ex. Sess.), No. 67, §§ 1-4; A.S.A. 1947, §§ 80-146 — 80-149.

U.S. Code. Pub. L. No. 89-10, the Elementary and Secondary Education Act of 1965, as amended by Pub. L. No. 89-313 and Pub. L. No. 89-750, may be found throughout Title 20 of the U.S. Code.

6-11-121, 6-11-122. [Repealed.]

Publisher's Notes. Former §§ 6-11-121 and 6-11-122, concerning the National Migrant Student Record Transfer System and the publication of public school laws and an advisory committee, were repealed by Acts 1999, No. 100, §§ 2, 3. The sections were derived from the following sources:

6-11-121. Acts 1977, No. 262, § 1; A.S.A. 1947, § 80-159.

6-11-122. Acts 1985, No. 963, §§ 1, 2; A.S.A. 1947, §§ 80-160, 80-161.

6-11-123. [Repealed.]

Publisher's Notes. This section, concerning free railroad passes for the Superintendent of Public Instruction, was repealed by Acts 1993, No. 294, § 4. The section was derived from Acts 1907, No. 233, § 2.

6-11-124. Statewide computer network.

    1. Acts 1991, No. 1034, authorizes the Board of Trustees of the Arkansas Teacher Retirement System to provide a loan to the Department of Education, now known as the “Division of Elementary and Secondary Education”, for a statewide computer system capable of linking all public school systems and the division.
    2. In order to provide alternatives to accomplish the purposes of Acts 1991, No. 1034, the department, now division, is hereby authorized to enter into a contractual agreement with IMPAC Learning Systems, Inc., for the development of a statewide computer system capable of linking all public school systems and the department, now division, from funds provided by a loan from the Arkansas Teacher Retirement System.
  1. The State Board of Education shall maintain oversight authority over the approval of all standards, procedures, and specifications determined by the department, now division, regarding the purchase or lease of the statewide computer network in addition to maintaining oversight authority over the operational aspects of the system.
  2. The Commissioner of Elementary and Secondary Education may request from the Chief Fiscal Officer of the State a transfer of appropriation authorized for school district management and statewide data collection by the General Assembly to any other line item appropriation authorized for the department, now division, for the same purpose.

History. Acts 1992 (1st Ex. Sess.), No. 4, §§ 1-4; 1999, No. 98, § 1; 2005, No. 1936, § 3; 2009, No. 376, § 5; 2019, No. 910, § 1102.

A.C.R.C. Notes. Acts 1991, No. 1034, § 1, as amended by Acts 1995, No. 1357, § 1, provided:

“(a) The Board of Trustees of the Arkansas Teacher Retirement System is authorized to loan to the Department of Education, from the Teacher Retirement Trust Fund, sufficient funds not to exceed twenty-five million dollars ($25,000,000) for a state-wide computer system capable of linking all public school systems and the State Department of Education.

“(b) Such loan shall be under the terms as agreed upon by the Board of Trustees of the Arkansas Teacher Retirement System and the State Board of Education, with repayment of principal and interest to begin on July 1, 1997. Interest for the loan shall be at the rate of eight percent (8%).

“(c) The Department of Education shall determine the specifications for the computer system to be purchased with the loan.”

Amendments. The 2009 amendment, in (c), substituted “Commissioner of Education” for “director” and made a minor stylistic change.

The 2019 amendment inserted “now known as the Division of Elementary and Secondary Education” in (a)(1); inserted “now division” in (a)(2) twice and in (b) and (c); and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (c).

6-11-125. Legislative intent regarding information technology.

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

History. Acts 1997, No. 249, §§ 1, 2; 1999, No. 1323, § 16; 2019, No. 315, § 185; 2019, No. 757, § 1; 2019, No. 910, § 1103.

A.C.R.C. Notes. The repeal of (b) by Acts 2019, No. 757 supersedes the amendments of § 6-11-125(b) by Acts 2019, No. 315 and Acts 2019, No. 910.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in (b).

The 2019 amendment by No. 757 repealed (b).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” three times in (a) and twice in (b).

6-11-126. [Repealed.]

A.C.R.C. Notes. Former § 6-11-126 was codified as § 6-11-125(b) in 1999.

The repeal of § 6-11-126 by Acts 2019, No. 757 supersedes the amendment of this section by Acts 2019, No. 910.

Publisher's Notes. This section, concerning computer funds approval, was repealed by Acts 2019, No. 757, § 2, effective July 24, 2019. The section was derived from Acts 1997, No. 1362, § 26; 1999, No. 1429, § 23; 2019, No. 910, § 1104.

6-11-127. School district boundaries.

The Arkansas Geographic Information Systems Office shall keep for the Commissioner of Elementary and Secondary Education a map showing the school districts with their boundaries.

History. Acts 1999, No. 1078, § 4; 2019, No. 757, § 3.

A.C.R.C. Notes. Former § 6-11-127 was codified as § 6-11-126 in 1999.

Amendments. The 2019 amendment substituted “Arkansas Geographic Information Systems Office” for “Commissioner of Education” and “for the Commissioner of Elementary and Secondary Education” for “records showing descriptions of each school district in the state”; and deleted “the location of the schoolhouses, and the electoral zones, if any, into which each school district has been divided” following “boundaries”.

6-11-128. Arkansas Public School Computer Network — Definitions.

    1. As used in this section:
      1. “Arkansas Public School Computer Network” or “APSCN” means the Division of Elementary and Secondary Education's computer network system for public school district reporting of financial management data and student management data to the Division of Elementary and Secondary Education; and
      2. “Public school district” means a public school district, education service cooperative, or open-enrollment public charter school.
    2. All public school districts shall, as a minimum, use the following financial management systems applications of the Arkansas Public School Computer Network:
      1. Fund accounting, including all activity funds;
      2. Budget preparation;
      3. Human resources;
      4. Fixed assets;
      5. Attendance;
      6. Discipline;
      7. Mark reporting;
      8. Medical; and
      9. Scheduling.
  1. The Division of Elementary and Secondary Education shall implement the use of policies, procedures, and personnel to provide for data quality and security with the Arkansas Public School Computer Network, including without limitation the following:
    1. Periodically conducting a thorough security review and security risk assessment for all information, including without limitation personally identifiable employee and student information, that originates in the school districts and terminates on the Division of Information Systems and Arkansas Public School Computer Network servers;
    2. Creating security plans, policies, and procedures;
    3. Monitoring the mechanism for the network's end-to-end, enterprise-wide financial and student information systems;
    4. Creating and maintaining a process for documenting and monitoring the quality of data from its source of entry into the network to any educational data repository in the Division of Elementary and Secondary Education;
    5. Establishing standards and monitor compliance with standards for all software and data testing in the Arkansas Public School Computer Network; and
    6. Developing a data quality metrics program designed to significantly reduce the number of data errors within the Arkansas Public School Computer Network's applications and data warehouse and provide reports on code changes and time availability of information, including without limitation:
      1. The number of code changes made in mid-year;
      2. The percent of prime time availability of all applications that feed data into the network and data warehouse;
      3. The percent of time availability of each school district server and local area network for use with the Arkansas Public School Computer Network's availability;
      4. Corrective actions taken on the Arkansas Public School Computer Network's applications and data warehouse;
      5. Preventive actions taken to avoid downtime and data errors;
      6. Cycle data tardiness; and
      7. Number of data corrections made during each cycle submission.
      1. The Division of Elementary and Secondary Education shall:
        1. Collect data from public school districts on full-time equivalents and average teachers' salaries by July 31 of each year;
        2. Collect actual revenue and expenditure data not later than August 31 of each year; and
        3. Require budget reporting not earlier than September 30 of each year.
      2. The Arkansas Public School Computer Network shall have the programs necessary to collect the data in this subdivision (c)(1) available to each public school district at least fifteen (15) days before the date a public school district is required to submit the data.
      1. The Division of Elementary and Secondary Education shall release monthly from the Arkansas Public School Computer Network selected financial and student management data submitted by public school districts for the previous month.
      2. The General Assembly and the Division of Elementary and Secondary Education shall determine by mutual agreement what financial and student management data will be selected for the monthly release.
      3. The Division of Elementary and Secondary Education shall make the information available to the General Assembly in the Arkansas Public School Computer Network data warehouse by the tenth business day of each month.

History. Acts 2003, No. 1097, § 1; 2003, No. 1769, § 1; 2007, No. 617 § 3; 2007, No. 723, § 1; 2007, No. 724, § 1; 2009, No. 1463, § 1; 2017, No. 745, §§ 8, 9; 2019, No. 832, § 1; 2019, No. 910, §§ 1105-1110.

A.C.R.C. Notes. Acts 2003, No. 1097, § 1 and No. 1769, § 1, were identical and both enacted this section.

Publisher's Notes. Former § 6-11-128 was identical to present § 6-11-126 and has been merged with that section.

Amendments. The 2009 amendment rewrote (d)(1)(B).

The 2017 amendment repealed former (b) and (c)(6).

The 2019 amendment by No. 832 redesignated part of (a)(1) as (a)(1)(A); added (a)(1)(B); substituted “public school districts shall” for “school districts and education service cooperatives shall” in (a)(2); and added (a)(2)(E) through (a)(2)(I).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education’s” for “Department of Education's” in (a)(1); substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout the section; substituted “the Division of Information Systems” for “Department of Information Systems” in (b)(1); deleted “Beginning with the 2007-2008 school year” from the beginning of (c)(1)(A); and deleted “Beginning with the 2008-2009 school year” from the beginning of (c)(2)(A).

6-11-129. Data to be accessible on website.

    1. Each school district shall make the following information and data easily identified on its website or the website of the school district's education service cooperative, if the education service cooperative maintains the school district's website:
      1. Current comprehensive financial data reports for school districts, including:
        1. Local and state revenue sources;
        2. Administrator and teacher salary and benefit expenditure data;
        3. School district balances, including legal balances and building fund balances;
        4. Minutes of regular and special meetings of the school district board of directors;
        5. The school district budget for the ensuing year, which shall be posted on the website within thirty (30) days following the date required to be submitted to the Division of Elementary and Secondary Education;
        6. A financial breakdown of monthly expenses of the school district;
        7. Salary schedules for all employees, including extended contract and supplementary pay amounts;
        8. Current contract information with all school district employees, except that Social Security numbers, telephone numbers, personal addresses, or signatures shall not be published;
        9. The annual budget of the school district; and
        10. The annual school district statistical report; and
      2. Each school district's personnel policies required under § 6-17-201 et seq. and § 6-17-2301 et seq.
    2. Information and data required to be made available and easily accessible on the school district's website under this section shall:
      1. Be easily accessible through the homepage of the website under a link titled “State-Required Information” to a page on the website where the information may be found; and
      2. Consist of the actual data for the two (2) previous school years and the projected budgeted information for the current school year.
      1. A direct link to the information required in this section shall be easily identifiable on the homepage of the website under a link titled “State-Required Information” to a page on the website where the information may be found.
      2. Under the State-Required Information link, the school district shall subdivide the information by the categories of the information.
  1. The division shall make the information and data required by this section available and easily accessible on the division's website by including direct links to the websites of all Arkansas school districts.

History. Acts 2003, No. 1802, § 1; 2003 (2nd Ex. Sess.), No. 50, § 1; 2005, No. 2121, § 2; 2007, No. 54, § 1; 2007, No. 617, § 4; 2007, No. 1573, §§ 1, 48; 2009, No. 1180, § 1; 2011, No. 989, § 2; 2013, No. 228, §§ 1, 2; 2019, No. 910, §§ 1111, 1112.

A.C.R.C. Notes. Acts 2007, No. 1573, § 1 amended § 6-11-129(b) while Acts 2007, No. 1573, § 48 repealed § 6-11-129(b). This section has been set out above to reflect the repeal of subsection (b) by Acts 2007, No. 1573, § 48. As amended by Acts 2007, No. 1573, § 1, subsection (b) read: “By December 31 of each year, the Department of Education shall provide a written report to the House Interim Committee on Education and the Senate Interim Committee on Education listing those school districts that are not in compliance with this section.”

Amendments. The 2009 amendment inserted “or the website of the school district's education service cooperative, if the education service cooperative maintains the school district's website” in the introductory language of (a)(1); inserted “expenditure” in (a)(1)(A)(ii); rewrote (a)(1)(A)(iv) through (a)(1)(A)(vi); inserted (a)(1)(A)(vii) through (a)(1)(A)(x); deleted (a)(1)(C) and (a)(1)(D); deleted “on the department's website” at the end of (b); and made related and minor stylistic changes.

The 2011 amendment added “and § 6-17-2301 et seq.” at the end of (a)(1)(B).

The 2013 amendment rewrote (a)(2); and added (a)(3).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1)(A)(v); and, in (b), substituted “division” for “department” and “division’s” for “department’s”.

6-11-130. [Repealed.]

Publisher's Notes. This section, concerning custodial and maintenance care for school facilities, was repealed by Acts 2005, No. 1426, § 6. The section was derived from Acts 2003 (2nd Ex. Sess.), No. 87, § 1.

6-11-131. [Repealed.]

Publisher's Notes. This section, concerning divisions of the Department of Education, was repealed by Acts 2017, No. 745, § 10. The section was derived from Acts 2005, No. 1672, § 3; 2006 (1st Ex. Sess.), No. 32, § 1; 2006 (1st Ex. Sess.), No. 33, § 1.

6-11-132. Financial impact statements for administrative rules.

  1. The State Board of Education and the Career Education and Workforce Development Board shall promulgate their rules as provided under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
  2. The scope of the financial impact statement shall be as provided under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and shall include without limitation a public school district's estimated cost to comply with and implement the rule.

History. Acts 2006 (1st Ex. Sess.), No. 38, § 1; 2007, No. 827, § 113; 2013, No. 759, § 1.

Amendments. The 2013 amendment rewrote the section.

Subchapter 2 — Career Education and Workforce Development Board

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-11-201. Director of the Division of Career and Technical Education.

    1. The Director of the Division of Career and Technical Education, or a disbursing agent designated by him or her and approved by the State Board of Education, shall give bond to the State of Arkansas as provided by law for other disbursing agents conditioned for the faithful performance of his or her duties and the faithful accounting for all the school money of the state, of any county, or of any school district that may come into his or her hands.
    2. The bond shall be in a solvent surety company having a right to do business in the State of Arkansas and shall be approved by the board.
    3. The premium on the bond shall be paid by the board as one of the expenses of the board.
  1. The state shall furnish the director with suitable offices.

History. Acts 1999, No. 1323, § 17; 2011, No. 981, § 1; 2019, No. 910, § 1113.

Amendments. The 2011 amendment substituted “Career” for “Workforce” in the section head and twice in (a)(1); and deleted “and Career Opportunities” preceding “shall give” in (a)(1).

The 2019 amendment, in (a)(1), substituted “Division of Career and Technical Education” for “Department of Career Education”, and “State Board of Education” for “Career Education and Workforce Development Board”.

6-11-202. Records of proceedings.

The Career Education and Workforce Development Board shall keep in the office of the Director of the Office of Skills Development a complete record of the minutes of its meetings and other proceedings.

History. Acts 1999, No. 1323, § 17; 2011, No. 981, § 1; 2019, No. 910, § 136.

Amendments. The 2011 amendment substituted “Career” for “Workforce” twice and deleted “and Career Opportunities” preceding “shall keep.”

The 2019 amendment substituted “Director of the Office of Skills Development” for “Director of the Department of Career Education”.

6-11-203. Vocational education.

The Career Education and Workforce Development Board shall have general supervision of vocational education in the state and shall administer and apportion any funds that come to the state for that purpose.

History. Acts 1999, No. 1323, § 17; 2011, No. 981, § 1.

Amendments. The 2011 amendment substituted “Career” for “Workforce” and deleted “and Career Opportunities” preceding “shall have.”

6-11-204. Official seal — Copies of documents as evidence.

  1. The Career Education and Workforce Development Board shall adopt a seal, and the seal shall be used by the Director of the Office of Skills Development to authenticate documents or copies of documents as the board or director considers advisable.
  2. Copies of any papers or documents on file in the offices of the director authenticated by him or her with the seal of the board shall be admissible in evidence with the same effect as the original.

History. Acts 1999, No. 1323, § 17; 2011, No. 981, § 1; 2019, No. 910, § 137.

Amendments. The 2011 amendment, in (a), substituted “Career” for “Workforce” twice and deleted “and Career Opportunities” preceding “shall adopt.”

The 2019 amendment substituted “Director of the Office of Skills Development” for “Director of the Department of Career Education” in (a).

6-11-205. Federal aid — Acceptance and distribution generally.

    1. The General Assembly accepts all federal aid to education that may be provided by the United States Congress.
    2. The Career Education and Workforce Development Board is designated as the state educational authority to represent the state in the administration of funds provided by the United States Congress.
    3. The board may promulgate rules as are necessary on the part of the state to meet any requirement of the United States Government in the distribution of federal aid.
    4. The board shall provide for the proper auditing and accounting of all federal funds and for making all necessary reports regarding the expenditures of the federal funds.
    5. The board shall perform other functions as may be prescribed by the act providing aid.
  1. The Treasurer of State is designated to serve as trustee for such funds as may be apportioned to the State of Arkansas in this connection.
  2. The funds shall be disbursed according to the federal act allocating them.

History. Acts 1999, No. 1323, § 17; 2011, No. 981, § 1; 2019, No. 315, § 186.

Amendments. The 2011 amendment, in (a)(2), substituted “Career” for “Workforce” and deleted “and Career Opportunities” preceding “is designated”; and substituted “any requirement” for “any and all requirements” in (a)(3).

The 2019 amendment substituted “rules” for “regulations” in (a)(3).

6-11-206. Federal aid — Receipt and administration for school facilities.

The Career Education and Workforce Development Board is designated to receive and administer any federal funds made available to this state to assist local school districts in providing elementary and secondary school facilities for vocational and adult education programs.

History. Acts 1999, No. 1323, § 17; 2011, No. 981, § 1.

Amendments. The 2011 amendment substituted “Career” for “Workforce” and deleted “and Career Opportunities” preceding “is designated.”

6-11-207. Power to make plans coordinating state and federal laws.

The Career Education and Workforce Development Board may make plans and rules as are necessary in order for this state to meet the requirements of any law enacted by the United States Congress for vocational-technical education or any supplementary federal regulations pertaining to that legislation.

History. Acts 1999, No. 1323, § 17; 2011, No. 981, § 1; 2019, No. 315, § 187.

Amendments. The 2011 amendment substituted “State Board of Career Education” for “State Board of Workforce and Career Opportunities.”

The 2019 amendment substituted “and rules” for “rules, and regulations”.

6-11-208. Regional Educational Career Alternative School System for Adjudicated Youth — Multiagency task force — Formation.

    1. A multiagency task force, staffed and supported by the Division of Career and Technical Education, is established and shall consist of five (5) members, including:
      1. The Commissioner of Elementary and Secondary Education or his or her designee;
      2. The Director of the Division of Career and Technical Education or his or her designee;
      3. The Director of the Division of Higher Education or his or her designee;
      4. The Secretary of the Department of Human Services or his or her designee; and
      5. The Director of the Division of Workforce Services or his or her designee.
    2. Funding for the multiagency task force shall be provided by:
      1. The Division of Career and Technical Education; or
      2. Each agency that serves on the multiagency task force, in an equal amount from available, eligible funding.
    3. The multiagency task force shall:
      1. Establish criteria and standards for a career-based curriculum to be offered in the Regional Educational Career Alternative School System for Adjudicated Youth;
      2. Formulate and recommend how to operate a Regional Educational Career Alternative School System for Adjudicated Youth; and
      3. Strive to open at least one (1) Regional Educational Career Alternative School for Adjudicated Youth in the 2013-2014 school year, upon the availability of funding.
    4. Beginning on October 1, 2011, the multiagency task force shall provide status reports to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth one (1) time each quarter.
  1. The Regional Educational Career Alternative School System for Adjudicated Youth may consist of at least one (1) but not more than five (5) Regional Educational Career Alternative Schools for Adjudicated Youth.
  2. A Regional Educational Career Alternative School for Adjudicated Youth shall offer without limitation:
    1. At least the minimum twenty-two-credit curriculum required to obtain a diploma;
    2. Vocational education and certificates;
    3. Career education services, including a high school equivalency test;
    4. Special education services; and
    5. Support services.

History. Acts 2011, No. 1202, § 1; 2015, No. 1115, § 2; 2019, No. 910, § 1114.

Amendments. The 2015 amendment substituted “a high school equivalency test” for “the General Educational Development Test” in (c)(3).

The 2019 amendment substituted “Division of Career and Technical Education” for “Department of Career Education” throughout (a); substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a)(1)(A); substituted “Division of Higher Education” for “Department of Higher Education” in (a)(1)(C); substituted “Secretary” for “Director” in (a)(1)(D); substituted “Division of Workforce Services” for “Department of Workforce Services” in (a)(1)(E); and added “from available, eligible funding” in (a)(2)(B).

6-11-209. Additional truancy officers — Definition.

  1. As used in this section, “school district with a high dropout rate” means an Arkansas school district:
    1. That has the most statistically significant rate of dropouts;
    2. From which students may enroll in a regional community alternative learning environment center; and
    3. That is contiguous to other school districts that meet the criteria under subdivisions (a)(1) and (2) of this section.
  2. An education service cooperative may receive funding from a local law enforcement agency, a state agency, or a federal agency, or from private donations, to employ one (1) or more truancy officers for a school district with a high dropout rate.
  3. An education service cooperative may employ under this section:
    1. One (1) truancy officer for each school district with a high dropout rate in its service area that has a student population of one thousand (1,000) or fewer students; and
    2. Two (2) truancy officers for each school district with a high dropout rate in its service area that:
      1. Is a countywide school district; or
      2. Has a student population of more than one thousand (1,000) students.
  4. A truancy officer hired under this section shall complete:
    1. The training requirements for juvenile intake and probation officer certification through the Administrative Office of the Courts; and
    2. Twelve (12) hours of continuing education annually as approved by the judge for the juvenile division of the circuit court for the county the truancy officer serves.

History. Acts 2013, No. 1481, § 2.

A.C.R.C. Notes. Acts 2013, No. 1481, § 1, provided:

“The General Assembly finds that:

“(1) A regional community alternative learning environment center is a nonresidential school that serves students with educational limitations and deficiencies who are not currently served or are underserved by the students' resident school districts;

“(2) The students served by a regional community alternative learning environment center:

“(A) Come from high-priority school districts:

“(i) With the most statistically significant dropout rates; and

“(ii) That because of high rates of poverty and a tax base that is continually eroded by a declining population, do not have funds for additional truancy officers to ensure the attendance of students at a regional community alternative learning environment center; and

“(B) Often have a family that provides insufficient support for good school attendance; and

“(3) By providing additional truancy officers for these school districts, the state helps to provide these students with the opportunity to:

“(A) Be successful in school and become prepared for gainful employment or completion of a certification in a career or vocational area of study; and

“(B) Strengthen family relationships by enabling the student to reside at home.”

6-11-210. Transportation funding for students attending a regional community alternative learning environment center.

    1. As funding is available, the Department of Education may provide transportation funding aid to school districts that transport students to a regional community alternative learning environment center that serves three (3) or more contiguous counties in which the most recent census indicates:
      1. High rates of poverty; or
      2. Declining population.
    2. The school may also receive funding for transportation under this section from other state agencies, federal agencies, or from private donations.
  1. A school district may use the state categorical funding it receives under § 6-20-2305(b)(4) to provide transportation for students who reside in the school district to attend a regional community alternative learning environment center.

History. Acts 2013, No. 1482, § 2.

A.C.R.C. Notes. Acts 2013, No. 1482, § 1, provided:

“The General Assembly finds that:

“(1) A regional community alternative learning environment center is a nonresidential school that serves students with educational limitations and deficiencies who are not currently served or are underserved by the students' resident school districts;

“(2) The students served by a regional community alternative learning environment center come from school districts that have high rates of poverty and in which the tax base for the school districts is progressively eroded by a declining population; and

“(3) By providing transportation funding aid to the school districts to transport students to a regional community alternative learning environment center, the state provides these students with the opportunity to:

“(A) Be successful in school and become prepared for gainful employment or completion of training and certification in a career or vocational area of study; and

“(B) Strengthen family relationships by enabling the student to reside at home.”

Chapter 12 County Boards of Education

Subchapter 1 — General Provisions

6-12-101 — 6-12-111. [Repealed.]

Publisher's Notes. Sections 6-12-101 — 6-12-111, concerning creation of boards in counties with fewer than five school districts, candidates, zones, oath, organization, meetings, schools under board supervision, superintendent, powers and duties, purchase of government property, appeal, and bond, were repealed by Acts 1999, No. 1078, §§ 5-15, effective July 1, 2000. The sections were derived from the following sources:

6-12-101. Acts 1941, No. 327, §§ 1, 5, 9; 1953, No. 229, § 1; A.S.A. 1947, §§ 80-201, 80-205, 80-211; Acts 1993, No. 202, § 1.

6-12-102. Acts 1983, No. 557, § 1; A.S.A. 1947, § 80-203.1; Acts 1993, No. 294, § 5.

6-12-103. Acts 1941, No. 327, § 4; A.S.A. 1947, § 80-204; Acts 1993, No. 202, § 2.

6-12-104. Acts 1941, No. 327, § 3; 1949, No. 146, § 4; 1953, No. 229, § 2: A.S.A. 1947, § 80-203, 80-232.

6-12-105. Acts 1941, No. 327, § 7; A.S.A. 1947, § 80-209.

6-12-106. Acts 1941, No. 327, § 8; A.S.A. 1947, § 80-210; Acts 1993, No. 294, § 5.

6-12-107. Acts 1941, No. 327, § 10; A.S.A. 1947, § 80-212.

6-12-108. Acts 1941, No. 327, § 2; A.S.A. 1947, § 80-202; Acts 1993, No. 294, § 5.

6-12-109. Acts 1931, No. 169, § 34; Pope's Dig., § 11472; Acts 1941, No. 327, § 11; 1981, No. 436, § 2; A.S.A. 1947, §§ 80-213, 80-216; Acts 1993, No. 294, § 5.

6-12-110. Acts 1947, No. 400, § 1; A.S.A. 1947, § 80-214.

6-12-111. Acts 1925, No. 183, §§ 1, 2; A.S.A. 1947, §§ 80-236, 80-237.

6-12-112. [Repealed.]

Publisher's Notes. This section, concerning the audit of school district fiscal affairs, was repealed by Acts 2013, No. 1155, § 3. The section was derived from Acts 1941, No. 327, § 12; A.S.A. 1947, § 80-215; Acts 2005, No. 2190, § 3; 2009, No. 376, § 6.

6-12-113. [Repealed.]

Publisher's Notes. This section, concerning opportunity schools, was repealed by Acts 1993, No. 294, § 5. The section was derived from Acts 1931, No. 249, §§ 1, 2; Pope's Dig., §§ 11645, 11646; A.S.A. 1947, §§ 80-227, 80-228.

6-12-114 — 6-12-116. [Repealed.]

Publisher's Notes. These sections, concerning the county boards of education, were repealed by Acts 2013, No. 1155, §§ 4-6. The sections were derived from the following sources:

6-12-114. Acts 1999, No. 1078, § 90; 2001, No. 1036, § 2; 2005, No. 2190, § 4.

6-12-115. Acts 1999, No. 1078, § 91.

6-12-116. Acts 2001, No. 1036, § 4; 2005, No. 2190, § 5.

Subchapter 2 — County School Supervisor

6-12-201 — 6-12-209. [Repealed.]

Publisher's Notes. This subchapter, concerning county school supervisor, was repealed by Acts 1999, No. 1078, §§ 16-24. The subchapter was derived from the following sources:

6-12-201. Acts 1941, No. 327, § 13; 1949, No. 146, § 3; 1977, No. 46, §§ 1, 2; A.S.A. 1947, §§ 80-217, 80-231; Acts 1993, No. 294, § 5.

6-12-202. Acts 1941, No. 327, § 17; A.S.A. 1947, § 80-220.

6-12-203. Acts 1941, No. 327, § 14; A.S.A. 1947, § 80-218.

6-12-204. Acts 1941, No. 327, § 18; A.S.A. 1947, § 80-225.

6-12-205. Acts 1941, No. 327, §§ 12, 18; 1949, No. 146, §§ 6, 7; A.S.A. 1947, §§ 80-215, 80-225, 80-233, 80-234.

6-12-206. Acts 1931, No. 169, § 39; A.S.A. 1947, § 80-226.

6-12-207. Acts 1941, No. 327, §§ 15, 17; 1949, No. 146, §§ 1, 2; A.S.A. 1947, §§ 80-220, 80-229, 80-230; Acts 1993, No. 470, § 2; 1995, No. 1296, § 14.

6-12-208. Acts 1941, No. 327, § 15; A.S.A. 1947, § 80-219.

6-12-209. Acts 1957, No. 159, § 1; 1975, No. 272, §§ 1, 2; 1975, No. 478, §§ 1, 2; A.S.A. 1947, §§ 80-235, 80-235.2.

Subchapter 3 — Rights and Duties

Effective Dates. Acts 2005, No. 2190, § 24: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the services of the county boards of education are no longer needed by the school districts; that there will be no funding available for the operation of the county boards of education; and that this act is immediately necessary because county boards of education need sufficient authority to transfer functions, duties, and records prior the end of the fiscal year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

6-12-301 — 6-12-314. [Repealed.]

Publisher's Notes. These sections, concerning the creation, membership characteristics, membership oaths, meetings, organization, powers, duties, appeal, bond, credentials of county boards of education and the duties, salary, restrictions and office of county school supervisors and county board of education designees, were repealed by Acts 2005, No. 2190, §§ 6-19, effective July 1, 2005, by its own terms. The sections were derived from Acts 2001, No. 1036, § 3.

6-12-315. [Repealed.]

Publisher's Notes. This section, concerning school district coordinator, was repealed by Acts 2015, No. 1276, § 1. The section was derived from Acts 2005, No. 1159, § 1; 2013, No. 958, § 1.

6-12-316. [Repealed.]

Publisher's Notes. This section, concerning salary and allowances of the school district coordinator, was repealed by Acts 2017, No. 196, § 1. The section was derived from Acts 2005, No. 1159, § 1.

6-12-317. [Repealed.]

Publisher's Notes. This section, concerning the county boards of education being abolished, was repealed by Acts 2019, No. 692, § 2, effective July 24, 2019. The section was derived from Acts 2005, No. 2190, § 20.

Chapter 13 School Districts

Research References

Am. Jur. 67B Am. Jur. 2d, Schools, § 20 et seq.

C.J.S. 78 C.J.S., Schools, § 14 et seq.

Case Notes

Legislative Control.

Legislative control over the creation and boundaries of school districts is plenary and subject only to the limitation that legislative action shall not impair the contracts or obligations of districts. Hughes v. Robuck, 119 Ark. 592, 179 S.W. 163 (1915).

Subchapter 1 — General Provisions

Cross References. Exemption of realty owned by school districts from adverse possession, § 22-1-204.

Local government reserve funds, § 14-73-101 et seq.

Tort liability immunity, § 21-9-301 et seq.

Effective Dates. Acts 1929, No. 139, § 2: approved Mar. 14, 1929. Emergency declared.

Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1969, No. 83, § 4: Feb. 21, 1969. Emergency clause provided: “It is hereby found by the General Assembly that the various boards of the public school districts of this State are vested with responsibility of managing the affairs of school districts; that due to the high turnover in school board membership positions it is essential that every effort be made to inform school board members of their respective duties, to enable school board members to keep informed on school problems in this State and to enable school boards throughout the State to cooperate in the coordination of the public school system of the State of Arkansas; and, that the immediate passage of this act is necessary to enable the school district to pay reasonable dues to a nonprofit association of school board officials established to accomplish the aforementioned objectives. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 363, § 6: Mar. 6, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that if a school district takes property for school use by exercise of the power of eminent domain and subsequently the school for which the property was acquired is closed, fairness and equity demands that the former owner of the property from whom the district acquired title by eminent domain should have the option to repurchase the property from the district for the amount the district paid for the property when it acquired it by exercise of the power of eminent domain; that this act is designed to grant such option and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1999, No. 1078, § 92: July 1, 2000.

Acts 2015, No. 560, § 8: Mar. 20, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that public school choice is effective in meeting the needs of students; that the current school choice provisions are about to expire; and that this act is immediately necessary to ensure that students have public school choice options for the 2015-2016 school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-13-101. Only one kind of school district.

  1. There shall be only one (1) kind of school district in this state, and each shall have the same prerogatives, powers, duties, and privileges as herein set forth.
  2. All school districts which may be hereafter created shall be the same kind, with the same prerogatives, powers, duties, and privileges as provided by law.

History. Acts 1931, No. 169, § 43; Pope's Dig., § 11476; A.S.A. 1947, § 80-401; Acts 1993, No. 294, § 6.

Case Notes

Department of Correction District.

The Department of Correction is authorized to offer both general education and vocational education experiences for its student population; the fact that the Department's students are awarded a GED or receive vocational-technical training does not negate the Department's responsibility to operate under the law as a publicly supported school district. Allred v. Ark. Dep't of Corr. Sch. Dist., 322 Ark. 772, 912 S.W.2d 4 (1995).

The Department of Correction school district is a part of the State's public school system and subject to provisions of Teacher Fair Dismissal Act, § 6-17-1501 et seq.Allred v. Ark. Dep't of Corr. Sch. Dist., 322 Ark. 772, 912 S.W.2d 4 (1995).

Sovereign Immunity.

Arkansas case law holding that school districts are not arms of the state government is still good law; this section and § 6-13-102 show the General Assembly's intent that school districts are body corporates and are not entitled to assert sovereign immunity. Crenshaw v. Eudora Sch. Dist., 362 Ark. 288, 208 S.W.3d 206 (2005).

6-13-102. Body corporate — Name.

  1. Each school district in the state shall be a body corporate, may contract and be contracted with, and may sue and be sued in its corporate name, which shall be the name it now has unless changed by the State Board of Education.
  2. A certificate showing the name authenticated by the state board shall be filed with the county clerk of the county or of each county in which there is any territory of the school district and by him or her inscribed in a book kept by him or her for that purpose.
  3. A school district may acquire and hold real estate and other classes of property.

History. Acts 1931, No. 169, § 57; Pope's Dig., § 11490; A.S.A. 1947, § 80-402; Acts 1999, No. 1078, § 25; 2013, No. 1155, § 7.

Amendments. The 2013 amendment deleted former (b), deleted “all” preceding “other classes” in (c) and redesignated the remaining subsections accordingly.

Research References

Ark. L. Rev.

Torts — Sovereign Immunity — School District Immunity Abolished, 15 Ark. L. Rev. 202.

Hall v. University of Nevada: Sovereign Immunity and the Transitory Action, 27 Ark. L. Rev. 546.

Case Notes

In General.

Although there are exceptions, school districts are generally considered creatures of the state and may not avail themselves of all constitutional safeguards. Delta Special Sch. Dist. No. 5 v. State Bd. of Educ., 745 F.2d 532 (8th Cir. 1984).

Contracts.

School districts are creatures of the statute, may act only through a board of directors, and are bound by all lawful contracts into which they may enter. F. E. Compton & Co. v. Greenwood School Dist., 203 Ark. 935, 159 S.W.2d 721 (1942).

School district was not liable on contracts not ratified by school board. F. E. Compton & Co. v. Greenwood School Dist., 203 Ark. 935, 159 S.W.2d 721 (1942).

Designation of District.

Although former version of statute provided that school district should be designated “No. —,” a school district could be numbered by the letters of the alphabet instead of by figures. Bonner v. Snipes, 103 Ark. 298, 147 S.W. 56 (1912) (decision under prior law).

Suits.

A school district is a corporation and may sue in any of the courts of the state having competent jurisdiction. Clarke v. School Dist., 84 Ark. 516, 106 S.W. 677 (1907) (decision under prior law).

Arkansas case law holding that school districts are not arms of the state government is still good law; § 6-13-101 and this section show the General Assembly's intent that school districts are body corporates and are not entitled to assert sovereign immunity. Crenshaw v. Eudora Sch. Dist., 362 Ark. 288, 208 S.W.3d 206 (2005).

Cited: Muse v. Prescott Sch. Dist., 233 Ark. 789, 349 S.W.2d 329 (1961).

6-13-103. Power of eminent domain — Repurchase by former owner.

  1. All school districts in the state are granted the power of eminent domain and may take and use private property for the use of the school district for school purposes, and school purposes shall include a site for a schoolhouse, necessary playground and athletic fields, stadiums, libraries, and other necessary uses incidental to the maintenance of schools and the welfare of teachers and pupils.
  2. If the owners of property desired to be acquired by the board of directors of any school district shall not agree on the price, the board of directors of the school district may exercise the right of eminent domain, after the same procedure as is provided by law for municipal corporations and counties, and no advance deposit of money shall be required unless the school district desires immediate possession of the property to be condemned, before a hearing can be held fixing the value thereof; and after the verdict of the jury finding the damage to the owner of the property in such proceedings, the school district shall have the right to take the property at the value found or abandon the proceedings to condemn it for one (1) year.
      1. When any public school is closed and any of the real property acquired for or used by the school was acquired by the exercise of the power of eminent domain, the person who owned the property at the time it was taken by eminent domain, or his or her successor in interest, shall be entitled to repurchase that portion of the property on which no capital improvements are located from the school district for the amount or proportional amount the school district paid for the property if the school district acquired the property by the power of eminent domain within the last fifteen (15) years.
      2. If the property was acquired by the school district more than fifteen (15) years before the closing of the school, the previous owner shall be entitled to repurchase the property from the school district at fair market value.
    1. Any person who has the option to repurchase property from a school district under subdivision (c)(1) of this section shall notify the school district of its desire to repurchase the property and exercise the option within one (1) year after the school is closed, and not thereafter.

History. Acts 1931, No. 169, § 58; Pope's Dig., § 11491; A.S.A. 1947, § 80-403; Acts 1991, No. 363, §§ 1, 2.

Case Notes

Compensation.

The owner of lands which were condemned for school purposes was entitled to have his compensation from the time that the district filed its petition to condemn his land. School Dist. v. Smith, 113 Ark. 530, 168 S.W. 1089 (1914) (decision under prior law).

Possession.

Where a school district had condemned lands, the right to the possession of the property became absolute in the district upon the payment of the compensation into court as prescribed by the statute, and when the order of court was made, vesting title in the district, it related back to the date of the filing of the petition for condemnation. School Dist. v. Smith, 113 Ark. 530, 168 S.W. 1089 (1914) (decision under prior law).

Cited: Burton v. Ward, 218 Ark. 253, 236 S.W.2d 65 (1951); Little Rock Sch. Dist. v. Ark. State Bd. of Educ., 902 F.2d 1289 (8th Cir. 1990).

6-13-104. Uncertain boundaries.

  1. When there is a doubt as to the boundaries of a school district because of lost records or other uncertainty, the State Board of Education shall:
    1. Issue an order fixing the boundaries; and
    2. File the order with the:
      1. County clerk of each county where the school district lies;
      2. Secretary of State; and
      3. Arkansas Geographic Information Systems Office.
  2. The county clerk shall make a permanent record of the order.
  3. The school district boundaries fixed under this section shall be the boundaries of the school district until changes are made according to the provisions of law.

History. Acts 1931, No. 169, § 76; Pope's Dig., § 11512; A.S.A. 1947, § 80-425; Acts 1993, No. 294, § 6; 1999, No. 1078, § 26; 2011, No. 989, § 3; 2015, No. 103, § 1.

Amendments. The 2011 amendment subdivided the former section; deleted “county clerk, who shall make a permanent record of the order, and thereafter the” at the end of (a)(2); inserted (a)(2)(A) through (b); in (c), added “The school district” and deleted “and the school district shall be a school district according to the provisions of this act” at the end.

The 2015 amendment inserted “Systems” in (a)(2)(C).

Case Notes

Applicability.

Where there was no evidence that the two disputing school districts even existed in 1931 when this section was enacted, this section was inapplicable. Izard County Bd. of Education v. Violet Hill School Dist. No. 1, 10 Ark. App. 286, 663 S.W.2d 207 (1984).

6-13-105. School district sale of state-donated lands.

  1. Any school district in the State of Arkansas having lands donated and given to it by the State of Arkansas through action of the General Assembly, to be used for sites of schoolhouses, shall:
    1. Have the power of sale of the lands; and
    2. Be enabled to give good and lawful title to the lands.
  2. The proceeds of a sale shall be used entirely and exclusively for school purposes.
  3. The benefits accruing from the sale shall remain within and be applied to the same school district either alone or combined with other school districts of a contiguous nature where the original school district may have been consolidated with other adjoining school districts.

History. Acts 1929, No. 139, § 1; Pope's Dig., § 11728; A.S.A. 1947, § 80-512.

6-13-106. [Repealed.]

Publisher's Notes. This section, concerning districts where no high school is maintained, was repealed by Acts 2007, No. 1573, § 44. The section was derived from Acts 1937, No. 332, § 1; Pope's Dig., § 11727; A.S.A. 1947, § 80-516.

6-13-107. Membership in state association of school board of directors officials.

School districts in this state may voluntarily, at the discretion of the majority vote of the members of the school district board of directors, belong to and pay dues to a nonprofit state association of school board officials established for the purpose of compiling and disseminating information and conducting seminars, workshops, and similar programs designed to inform school district board members of school problems and to enable school district boards of directors to more efficiently perform their respective duties.

History. Acts 1969, No. 83, § 1; A.S.A. 1947, § 80-458.

6-13-108. Sixteenth section school lands.

  1. All lands in this state which are known as sixteenth section school lands and which are the property of the State of Arkansas shall belong to and the title thereto shall vest in the local school districts where the lands are located.
    1. Upon presentation of proof to the Commissioner of State Lands that sixteenth section school land owned by the state is located in a local school district, the school district shall be entitled to a general warranty deed from the Commissioner of State Lands conveying all the right, title, and interest of the State of Arkansas to such land.
    2. In executing the deed, the Commissioner of State Lands shall be governed only by the provisions of this section.
    1. Any local school district having sixteenth section school land conveyed to it by the State of Arkansas through this section shall have authority to sell the land.
    2. The proceeds of such sale shall be used for school purposes.

History. Acts 1997, No. 231, § 1.

A.C.R.C. Notes. The sixteenth section school lands referred to in this section derive from the Land Ordinance of 1785, adopted by the United States Continental Congress on May 20, 1785.

Publisher's Notes. Former § 6-13-108, concerning independent districts in counties of not less than 35,000 but not more than 40,000, was repealed by Acts 1993, No. 294, § 6. The section was derived from Acts 1967, No. 189, § 1; A.S.A. 1947, § 80-457.

Cross References. Board's powers and duties, § 6-13-620.

Board's authority to convey section lands, § 6-13-621.

Sixteenth section school lands, § 22-5-407.

6-13-109. School superintendent — Definition.

  1. The public school districts in the state shall each employ a superintendent of schools, whose qualifications and duties shall be prescribed by the General Assembly and the State Board of Education.
  2. “Superintendent of schools” is defined as the executive officer of a school district board of directors directing the affairs of the school district and teaching not more than one-half (½) of the time in the school day.

History. Acts 1999, No. 1078, § 27.

Publisher's Notes. Former § 6-13-109, concerning municipally owned housing projects declared part of school district, was repealed by Acts 1989, No. 950, § 1. The section was derived from Acts 1953, No. 223, § 1; A.S.A. 1947, § 80-436.

6-13-110. Purchase of government property.

    1. Each local school district board of directors is authorized to make purchases of surplus real and personal property of the government.
    2. Such action may be taken by the local school district board of directors after publication of the intent to make such purchase at least fifteen (15) days before action by the local school district board of directors in a newspaper of general circulation in the county in which the local school district is domiciled.
    1. A local school district may enter into an agreement with one (1) or more other local school districts for the joint purchase of surplus real or personal property of the government.
    2. If such an agreement is reached, each local school district board of directors, having entered such an agreement, must follow the publication requirements in subsection (a) of this section.

History. Acts 1999, No. 1078, § 28.

6-13-111. Consolidated school districts.

  1. A school district in the State of Arkansas that is consolidated with one (1) or more school districts may:
    1. Sell a building or real property owned by the school district that is no longer used by the school district at a fair market value;
    2. Preserve a building or real property owned by the school district that is no longer used by the school district;
    3. Lease a building or real property owned by the school district that is no longer used by the school district; or
    4. Donate a building or real property owned by the school district that is no longer used by the school district as allowed under § 6-21-108(b).
  2. If the school district sells or otherwise disposes of a building or real property to a person or entity under this section, then:
    1. The school district shall have the right of first refusal to purchase or otherwise reacquire the building or real property if the person or entity decides to sell the building or real property; and
    2. The sale price of the building or real property when repurchased or otherwise reacquired by the school district shall not:
      1. Exceed the price that the person or entity paid the school district for the building or real property; and
      2. Include compensation for improvements to the building or real property.
    1. If a school district is unable to secure a purchaser or lessor for an unused building or real property at or near fair market value, a school district shall advertise once per month for three (3) consecutive months the unused building or real property for sale or lease by the school district:
      1. In a newspaper in circulation in the county in which the unused building or real property is located; and
      2. In a newspaper with statewide circulation.
      1. If an acceptable fair market value offer has not been made and accepted by the board of directors of a school district after ninety (90) days from the date of the initial advertisement, the school district board of directors may petition the circuit court in Pulaski County to issue an order declaring that it is in the best interest of the school district to dispose of the building or real property and authorizing:
        1. A bona fide sale or lease offer from a qualified purchaser or lessor, the value of which is less than fair market value; or
        2. A public sale by auction, including the reserve purchase price.
      2. In determining whether it is in the best interest of the school district to dispose of the building or real property, the court may consider factors, including without limitation:
        1. The efforts made by the school district board of directors to market and advertise the unused building or real property; and
        2. The projected cost to the school district of insuring and maintaining the unused building or real property.
    2. The purchase price of a building or real property by judicial order is considered a valid purchase price and may be used to determine the fair market value of unused buildings and real property in other school districts.
  3. The proceeds of the sale or lease of an unused building or real property under this section, excluding expenses, shall be used by the school district for school purposes.

History. Acts 2005, No. 2260, § 1; 2013, No. 318, § 2.

A.C.R.C. Notes. Acts 2013, No. 318, § 1, provided:

“(a) Lack of use or under-utilization of real property as a result of the consolidation of a school district can cause a significant loss of investment to the state and the communities where the real property is located.

“(b) It is in the best interest of the state and the communities where the real property is located to ensure the real property is utilized.”

Amendments. The 2013 amendment substituted “a building or real property” for “buildings or lands” in (a)(1) and (a)(2); added “at a fair market value” at the end of (a)(1); added (a)(3) and (a)(4); substituted “real property” for “land” in the introductory language of (b); inserted “building or” twice in (b)(1), and in the introductory language of (b)(2); inserted “building or real” in (b)(2)(A) and (b)(2)(B); and added (c) and (d).

6-13-112. Responsibilities of the State Board of Education and Commissioner of Education regarding school districts under state authority.

  1. Within ten (10) days of the meeting of the State Board of Education at which the state board assumes authority of a school district or within ten (10) days of the date upon which the Commissioner of Education assumes authority of a school district, the commissioner shall provide the following information to the Chair of the House Committee on Education and the Chair of the Senate Committee on Education:
    1. A clear statement of the reasons the district has been placed under the authority of the state board or the commissioner; and
    2. A clear statement of the steps necessary for the school district to remove itself from the authority of the state board or the commissioner.
    1. Each quarter following the assumption of authority by the state board or commissioner, the commissioner shall provide to the Chair of the House Committee on Education and the Chair of the Senate Committee on Education a status report indicating the progress of the school district toward removing itself from the authority of the state board or the commissioner.
    2. The commissioner also shall provide a copy of the status report required under subdivision (b)(1) of this section to each member of the General Assembly who represents the area in which the school district is located.
  2. A person appointed by the state board or the commissioner to operate a school district under the authority of the state board or the commissioner shall not have previously been an administrator responsible for a school district that was placed in fiscal distress, academic distress, facilities distress, Level 5 — Intensive support, or in violation of the Standards for Accreditation of Arkansas Public Schools and School Districts.
    1. After a school district has been under the authority of the state board or the commissioner for two (2) consecutive school years, the commissioner shall:
      1. Conduct a review of each person appointed by the state board or commissioner to operate the school district;
      2. Determine whether the person has made satisfactory progress toward removing the school district from the authority of the state board or the commissioner; and
      3. Determine whether the person should continue to operate the school district or be replaced.
    2. The commissioner shall report the results of this review to the state board and each member of the General Assembly who represents the area in which the school district is located.
    3. The report shall include a justification of the determination made under subdivision (d)(1) of this section.

History. Acts 2013, No. 1412, § 1; 2017, No. 936, §§ 3, 4.

Amendments. The 2017 amendment inserted “Level 5 — Intensive support” in (c); and repealed former (e).

Case Notes

Improper Actions.

Denying the state school officials' motion to dismiss a complaint filed by former school district board members and a parent on the ground that it was barred by sovereign immunity was error where the State Board of Education acted within its express statutory authority when it took over a school district, and a violation of this section had no bearing on whether the Board was authorized to assume control of the district. Key v. Curry, 2015 Ark. 392, 473 S.W.3d 1 (2015).

6-13-113. School district desegregation orders — Orders.

  1. By January 1, 2016, a school district that is subject to a desegregation order or desegregation-related order shall notify the Division of Elementary and Secondary Education in writing.
  2. A school district that is subject to a desegregation order or a desegregation-related order shall include in the written notice to the division:
    1. A copy of the desegregation order or desegregation-related order;
    2. The case heading and case number of each court case in which the order was entered;
    3. The name and location of each court that maintains jurisdiction over the order; and
    4. A description of the school choice student transfer desegregation obligations, if any, that the school district is subject to, related to the order.
  3. A school district that is released from court supervision related to a desegregation order or desegregation-related order shall promptly notify the division.
  4. A school district that fails to meet the requirements of this section is in violation of the Standards for Accreditation of Arkansas Public Schools and School Districts.
  5. The division shall post on the division's website all written notifications received as required by this section.

History. Acts 2015, No. 560, § 1; 2019, No. 910, § 1115.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); substituted “division” for “department” in the introductory language of (b), in (c), and in (e); and substituted “division’s” for “department’s” in (e).

Subchapter 2 — Formation, Alteration, and Consolidation Generally

6-13-201 — 6-13-217. [Repealed.]

Publisher's Notes. These sections, concerning the formation, alteration, and consolidation of school districts generally, were repealed by Acts 1993, No. 294, § 7. The sections were derived from the following sources:

6-13-201. Acts 1931, No. 169, § 44; Pope's Dig., § 11477; A.S.A. 1947, § 80-404; Acts 1987, No. 614, § 1.

6-13-202. Acts 1943, No. 271, § 2; A.S.A. 1947, § 80-405.

6-13-203. Acts 1931, No. 169, § 47; Pope's Dig., § 11480; A.S.A. 1947, § 80-407.

6-13-204. Acts 1931, No. 169, § 48; Pope's Dig., § 11481; A.S.A. 1947, § 80-408.

6-13-205. Acts 1931, No. 169, § 51; Pope's Dig., § 11484; A.S.A. 1947, § 80-411.

6-13-206. Acts 1931, No. 169, § 49; Pope's Dig., § 11482; A.S.A. 1947, § 80-409.

6-13-207. Acts 1931, No. 169, § 45; Pope's Dig., § 11478; A.S.A. 1947, § 80-406.

6-13-208. Acts 1931, No. 169, § 53; Pope's Dig., § 11486; Acts 1947, No. 327, § 1; A.S.A. 1947, § 80-414.

6-13-209. Acts 1931, No. 169, § 53; Pope's Dig., § 11486; Acts 1947, No. 327, § 1; A.S.A. 1947, § 80-414.

6-13-210. Acts 1931, No. 169, § 53; Pope's Dig., § 11486; Acts 1947, No. 327, § 1; A.S.A. 1947, § 80-414.

6-13-211. Acts 1931, No. 169, § 50; Pope's Dig., § 11483; A.S.A. 1947, § 80-410.

6-13-212. Acts 1939, No. 387, § 1; 1961, No. 197, § 1; A.S.A. 1947, § 80-413.

6-13-213. Acts 1931, No. 169, § 52; Pope's Dig., § 11485; A.S.A. 1947, § 80-412; Acts 1987, No. 549, §§ 1, 2.

6-13-214. Acts 1969, No. 281, § 1; A.S.A. 1947, § 80-459.

6-13-215. Acts 1931, No. 169, § 55; Pope's Dig., § 11488; Acts 1947, No. 235, § 1; A.S.A. 1947, § 80-418; Acts 1987, No. 614, § 2.

6-13-216. Acts 1951, No. 403, § 6; A.S.A. 1947, § 80-424.

6-13-217. Acts 1941, No. 279, § 1; A.S.A. 1947, § 80-420.

6-13-218. [Repealed.]

Publisher's Notes. This section, concerning consolidation of noncontiguous districts, was repealed by Acts 1987, No. 614, § 4. The section was derived from Acts 1965, No. 415, § 1; A.S.A. 1947, § 80-454.

6-13-219 — 6-13-222. [Repealed.]

Publisher's Notes. These sections, concerning hearings on consolidation petitions, appeals, the assumption of property and obligations by the new school district and annexation when reservoir separates portions of district, were repealed by Acts 1993, No. 294, § 7. The sections were derived from the following sources:

6-13-219. Acts 1947, No. 361, § 1; A.S.A. 1947, § 80-421.

6-13-220. Acts 1931, No. 169, §§ 46, 56; Pope's Dig., §§ 11479, 11489; A.S.A. 1947, §§ 80-419, 80-422.

6-13-221. Acts 1931, No. 169, § 80; Pope's Dig., § 11516; A.S.A. 1947, § 80-423.

6-13-222. Acts 1979, No. 390, § 1; A.S.A. 1947, § 80-418.2.

6-13-223. [Repealed.]

Publisher's Notes. This section, concerning the annexation to contiguous district when district pupils attend private schools, was repealed by Acts 1989, No. 950, § 1. This section was derived from Acts 1965, No. 451, § 1; A.S.A. 1947, § 80-456.

Subchapter 3 — Alternative Consolidation Method for Two to Eight School Districts

6-13-301 — 6-13-311. [Repealed.]

Publisher's Notes. This subchapter, concerning alternative consolidation method for two to eight school districts, was repealed by Acts 1993, No. 294, § 7. The subchapter was derived from the following sources:

6-13-301. Acts 1961, No. 125, § 9; 1963, No. 163, § 3; A.S.A. 1947, § 80-453n.

6-13-302. Acts 1961, No. 125, §§ 1, 2; 1963, No. 163, § 1; A.S.A. 1947, §§ 80-446, 80-447; Acts 1987, No. 614, § 3.

6-13-303. Acts 1961, No. 125, § 3; A.S.A. 1947, § 80-448.

6-13-304. Acts 1961, No. 125, § 4; 1969, No. 294, § 1; A.S.A. 1947, § 80-449.

6-13-305. Acts 1961, No. 125, § 4; 1969, No. 294, § 1; A.S.A. 1947, § 80-449.

6-13-306. Acts 1961, No. 125, § 5; 1963, No. 163, § 2; 1977, No. 291, § 1; A.S.A. 1947, § 80-450; Acts 1989, No. 367, § 1.

6-13-307. Acts 1973, No. 29, §§ 1, 2; A.S.A. 1947, §§ 80-450.1, 80-450.2.

6-13-308. Acts 1961, No. 125, § 6; 1969, No. 294, § 3; A.S.A. 1947, § 80-451.

6-13-309. Acts 1961, No. 125, § 5; 1969, No. 294, § 2; A.S.A. 1947, § 80-450; Acts 1989, No. 367, §§ 2, 4.

6-13-310. Acts 1961, No. 125, § 7; A.S.A. 1947, § 80-452.

6-13-311. Acts 1961, No. 125, § 8; A.S.A. 1947, § 80-453.

Subchapter 4 — Supplementary School District Reorganization Act

6-13-401 — 6-13-412. [Repealed.]

Publisher's Notes. This subchapter, concerning the Supplementary School District Reorganization Act, was repealed by Acts 1993, No. 294, § 7. The subchapter was derived from the following sources:

6-13-401. Acts 1965 (2nd Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 80-426n.

6-13-402. Acts 1965 (2nd Ex. Sess.), No. 21, § 2; A.S.A. 1947, § 80-426n.

6-13-403. Acts 1965 (2nd Ex. Sess.), No. 21, § 13; A.S.A. 1947, § 80-426n.

6-13-404. Acts 1965 (2nd Ex. Sess.), No. 21, § 3; A.S.A. 1947, § 80-426n.

6-13-405. Acts 1965 (2nd Ex. Sess.), No. 21, §§ 4, 8; A.S.A. 1947, § 80-426n.

6-13-406. Acts 1965 (2nd Ex. Sess.), No. 21, § 5; A.S.A. 1947, § 80-426n.

6-13-407. Acts 1965 (2nd Ex. Sess.), No. 21, § 6; A.S.A. 1947, § 80-426n.

6-13-408. Acts 1965 (2nd Ex. Sess.), No. 21, § 7; A.S.A. 1947, § 80-426n.

6-13-409. Acts 1965 (2nd Ex. Sess.), No. 21, § 8; A.S.A. 1947, § 80-426n.

6-13-410. Acts 1965 (2nd Ex. Sess.), No. 21, § 9; A.S.A. 1947, § 80-426n.

6-13-411. Acts 1965 (2nd Ex. Sess.), No. 21, § 10; A.S.A. 1947, § 80-426n.

6-13-412. Acts 1965 (2nd Ex. Sess.), No. 21, § 11; A.S.A. 1947, § 80-426n.

Subchapter 5 — Reorganization of Small School Districts Generally

6-13-501, 6-13-502. [Repealed.]

Publisher's Notes. These sections, concerning school districts affected by the School District Reorganization Act, were repealed by Acts 1993, No. 294, § 7. The sections were derived from the following sources:

6-13-501. Init. Meas. 1948, No. 1, §§ 1-4, Acts 1949, p. 1414; A.S.A. 1947, §§ 80-426 — 80-429.

6-13-502. Acts 1949, No. 452, § 1; A.S.A. 1947, § 80-433.

6-13-503. [Repealed.]

Publisher's Notes. This section, concerning certain small districts partially exempt from reorganization act, was repealed by Acts 1989, No. 950, § 1. The section was derived from Acts 1955, No. 42, § 1; A.S.A. 1947, § 80-429.1.

6-13-504 — 6-13-507. [Repealed.]

Publisher's Notes. These sections, concerning the zoning of small school districts, boards of directors, the annexation when office of county supervisor is abolished, and the dissolution of districts having fewer than 10 pupils, were repealed by Acts 1993, No. 294, § 7. The sections were derived from the following sources:

6-13-504. Acts 1949, No. 324, §§ 1-3; A.S.A. 1947, §§ 80-430 — 80-432.

6-13-505. Acts 1951, No. 75, §§ 1, 2; A.S.A. 1947, §§ 80-434, 80-435.

6-13-506. Acts 1957, No. 300, §§ 1, 2; A.S.A. 1947, §§ 80-437, 80-438.

6-13-507. Acts 1927, No. 144, §§ 1-3; Pope's Dig., §§ 11473-11475; Acts 1943, No. 111, §§ 1, 2; A.S.A. 1947, §§ 80-415 — 80-417.

Subchapter 6 — School District Boards of Directors Generally

A.C.R.C. Notes. Acts 2009, No. 1180, § 4, provided: “The document attached hereto titled ‘Prologue’ contains the findings concerning the history of school board functions. The document, ‘Prologue’, shall be filed in the journals of the House and Senate.”

Cross References. Arkansas Governmental Compliance Act, § 10-4-301 et seq.

Preambles. Acts 1943, No. 120 contained a preamble which read:

“Whereas, many school directors have left their usual places of abode to become engaged in war industries, to serve in the Armed Forces of the United States, or to accept other employment elsewhere, and

“Whereas, such departures in many instances have left the membership of school boards in a difficult position with respect to the efficient operation of the affairs of school districts….”

Acts 1951, No. 403, contained a preamble which read:

“Whereas, the statutes governing the notice for and the holding of school elections contain conflicting and overlapping requirements that result in unnecessary and burdensome costs upon the school districts of Arkansas, and also result in some uncertainty regarding proper procedure, and should be simplified;

“Now, therefore … .”

Effective Dates. Acts 1925, No. 138, § 3: approved Mar. 7, 1925. Emergency clause provided: “This act being necessary for the immediate preservation of the public peace, health and safety, emergency is hereby declared to exist and this act shall take effect and be in force from and after its passage.”

Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1935, No. 30, § 13: Feb. 14, 1935. Emergency clause provided: “This act being necessary for the immediate preservation of public peace, health and safety, an emergency is hereby declared to exist for the reason that the condition of the public schools is such that the changes called for in this act are imperative and that the passage of this bill will remedy the present unworkable law as to the number of school directors authorized and this act shall take effect and be in force from and after its passage and approval as an emergency measure.”

Acts 1939, No. 316, § 3: approved Mar. 15, 1939. Emergency clause provided: “Because of the fact that the schools of Arkansas are in dire need of all of the funds available for the purposes allowed by law for expenditure; because of the fact that a great number of school supply salesmen have defrauded many of the school districts in Arkansas by collecting for supplies in advance and never delivering the same and because of the fact that children in many school districts of Arkansas have been made to suffer thereby, an emergency is hereby declared to exist and that this act take effect and be in force from and after its passage.”

Acts 1943, No. 120, § 5: Feb. 26, 1943. Emergency clause provided: “Whereas, it is determined that many school directors have absented themselves from their several communities for various purposes, making it difficult for the normal and efficient operation of the affairs of their respective school boards to be carried on, and whereas, such conditions make it difficult to maintain and preserve the public peace, health, and safety, therefore it is hereby declared that an emergency exists and the provisions of this act shall be in full force and effect immediately after the passage and approval of the act.”

Acts 1949, No. 287, § 2: Mar. 19, 1949.

Acts 1951, No. 403, § 10: Mar. 26, 1951. Emergency clause provided: “It is hereby ascertained and declared that many school districts of the state now engaged in building programs needed for the instruction and care of the pupils are being delayed because of uncertainties in the present laws governing school elections, and that therefore an emergency exists, and this act, being necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1953, No. 204, § 2: Mar. 4, 1953. Emergency clause provided: “Because of the fact that the schools of Arkansas are in dire need of all the funds available for the purpose allowed by law for school expense; because of the fact that certain school districts have embraced in their districts certain Sixteenth Sections of land which are in danger of lying idle and untilled and not producing revenue for school purposes due to the fact the law is not clear as to who has the authority to lease said lands; and because of the fact that if said authority be not placed in the school boards, said lands may lie idle to the detriment of the school system of the State of Arkansas, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall take effect and be in force from and after its passage and approval.”

Acts 1957, No. 86, § 3: Feb. 26, 1957. Emergency clause provided: “It is hereby determined that the decisions of the United States Supreme Court in the school segregation cases require the solution by public school boards of a great variety of school problems of legal complexity which involve the health, safety and general welfare; that school boards in many instances have need of legal advice in solving said problems. An emergency is, therefore, declared to exist and this Act shall be in effect from its passage and its approval by the governor.”

Acts 1959, No. 78, § 3: Feb. 20, 1959. Emergency clause provided: “The General Assembly does hereby ascertain and declare that the existing laws pertaining to the organization of school boards and the disbursement of school funds are inadequate, confusing and create serious administrative difficulties and that the immediate passage of this act is necessary to remedy these conditions. Therefore, an emergency is declared to exist, and this Act being necessary for the preservation of the public peace, health, and safety, shall take effect and be in force from the date of its approval.”

Acts 1959, No. 80, § 3: Feb. 20, 1959. Emergency clause provided: “It is hereby found and determined by the General Assembly that the laws of this State regarding school purchases are working an undue hardship on school districts in counties having small populations and limited retail stores; that such laws are resulting in excessive costs to such school districts; and that only by the immediate passage of this Act may such situation be corrected. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 13, § 3: Feb. 2, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that clarification is needed in the law regarding the filling of a vacancy on a school board created by the conviction of a school board member for a felony, and that this Act is immediately necessary to clarify the law in this respect. It is furthermore determined that some school boards are faced with the problem and in need of immediate guidance, and therefore this Act is immediately necessary. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 822, § 4: Mar. 21, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that school districts within the State of Arkansas during the spring of 1989 will be making decisions pertaining to the hiring of non-teaching personnel and that those non-teaching personnel should be employed by a written contract to provide them with some certainty regarding their future employment; that the immediate implementation of this act is necessary to preserve the peace, safety and health of citizens of the State of Arkansas. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1994 (2nd Ex. Sess.), Nos. 57 and 58, § 6: Aug. 26, 1994. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas, meeting in the Second Extraordinary Session of 1994, that many juveniles who have previously been declared delinquent for having committed serious offenses possess handguns and that handgun possession by such juveniles poses a great risk of harm to them and to others. Therefore, in order to immediately increase the penalty for possession of a handgun by juveniles who have previously been found delinquent for having committed certain serious offenses, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1999, No. 1078, § 92: July 1, 2000.

Acts 2003, No. 1280, § 2: Apr. 14, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the board of directors of a school district must annually publish the school district's proposed budget of expenditures; that legislation is needed to clarify the procedure by which the budget is published; that this act is necessary for school districts to comply with requirements of the Arkansas Supreme Court's decision concerning the adequacy of education in Arkansas; and that this act is immediately necessary because the public must be informed of the school budget in sufficient time to make informed decision regarding the annual ad valorem property tax for the district. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 1775, § 2: effective Jan. 1, 2006.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Am. Jur. 67B Am. Jur. 2d, Schools, § 66 et seq.

C.J.S. 78 C.J.S., Schools, § 149 et seq.

6-13-601 — 6-13-603. [Repealed.]

Publisher's Notes. These sections, concerning definitions, the number of directors generally, and an increase in the number of directors when cities become cities of the first class, were repealed by Acts 1993, No. 294, § 7. The sections were derived from the following sources:

6-13-601. Acts 1935, No. 30, § 1; Pope's Dig., § 11521; A.S.A. 1947, § 80-501.

6-13-602. Acts 1935, No. 30, § 1; Pope's Dig., § 11521; A.S.A. 1947, § 80-501.

6-13-603. Acts 1949, No. 61, §§ 1, 2; A.S.A. 1947, §§ 80-502.2, 80-502.3.

6-13-604. [Repealed.]

Publisher's Notes. This section, concerning an increase in the number of members of a school district board of directors, was repealed by Acts 2013, No. 1155, § 8. The section was derived from Acts 1949, No. 214, § 1; 1979, No. 152, § 1; A.S.A. 1947, § 80-502.1; Acts 1993, No. 294, § 7; 1999, No. 1078, §§ 30, 31; 2005, No. 2151, § 11.

6-13-605. [Repealed.]

Publisher's Notes. This section, concerning increasing the number of directors from three (3) to five (5) in certain districts, was repealed by Acts 1993, No. 294, § 7. The section was derived from Acts 1961, No. 249, §§ 1, 2; 1981, No. 561, § 1; A.S.A. 1947, §§ 80-502.4, 80-502.5.

6-13-606. [Repealed.]

Publisher's Notes. This section, concerning a decrease in the number of members of a school district board of directors, was repealed by Acts 2013, No. 1155, § 9. The section was derived from Acts 1967, No. 232, § 1; A.S.A. 1947, § 80-502.9; Acts 1999, No. 1078, §§ 32, 33; 2005, No. 2151, § 12.

6-13-607. [Repealed.]

Publisher's Notes. This section, concerning election by zone for districts with more than 24,000 daily attendance, was repealed by Acts 1999, No. 1078, § 34. The section was derived from Acts 1979, No. 77, § 1; A.S.A. 1947, § 80-502.10; Acts 1987, No. 522, § 1.

6-13-608. Length of directors' terms.

  1. All members of a school district board of directors shall be elected to a term of office of not less than three (3) years nor more than five (5) years in length and with the expiration of such terms so arranged that, as nearly as possible, an equal number of positions are filled each year.
  2. Unless otherwise provided by law, members of a school district board of directors shall have terms of office of equal length.
    1. A member of a school district board of directors shall not serve more than one (1) full term as a holdover.
    2. If at the expiration of the holdover term a person is not elected to fill the position at the annual school election or the person elected fails to subscribe to the director's oath of office within the time provided under § 6-13-617(a)(1), the position is vacant and the school district board of directors shall fill the vacancy as provided under § 6-13-611.

History. Acts 1981, No. 50, § 1; A.S.A. 1947, § 80-549; Acts 1999, No. 1078, § 35; 2013, No. 558, § 2; 2015, No. 379, § 1.

Amendments. The 2013 amendment inserted the (a) and (b) designations; substituted “Unless otherwise provided by law” for “All” in (b); and added (c).

The 2015 amendment inserted “or the person elected fails to receive the director’s oath of office within the time provided under § 6-13-617(a)(1)” in (c)(2).

6-13-609, 6-13-610. [Repealed.]

Publisher's Notes. These sections, concerning terms of directors in counties with populations between 26,000 and 26,800 and in districts with eight directors, were repealed by Acts 1993, No. 294, § 7. The sections were derived from the following sources:

6-13-609. Acts 1979, No. 678, § 1; A.S.A. 1947, § 80-502.11.

6-13-610. Acts 1967, No. 129, §§ 1-3; A.S.A. 1947, §§ 80-502.6 — 80-502.8.

6-13-611. Vacancies generally.

  1. A vacancy shall occur on a school district board of directors if a board member:
    1. Moves his or her bona fide permanent residence outside the boundaries of the school district;
    2. Fails to physically attend three (3) consecutive regular meetings of the school district board of directors unless the failure is due to:
      1. Military service of the board member; or
      2. Illness of the board member that is verified by a written sworn statement of the board member's attending physician;
    3. Fails to physically attend six (6) regularly scheduled board meetings of the school board of directors in a calendar year unless the failure is due to:
      1. Military service of the board member; or
      2. Illness of the board member that is verified by a written sworn statement of the board member's attending physician;
    4. Fails to receive the mandatory hours of training within the time frame required by § 6-13-629 unless the failure was due to:
      1. Military service of the board member; or
      2. A serious medical condition as demonstrated by a written sworn statement of the board member's treating physician;
    5. Is convicted of a felony in accordance with § 6-13-612;
    6. Is called to active military duty in accordance with § 6-13-613;
    7. Resigns from the school board of directors; or
    8. Dies.
    1. If credible evidence of a violation of subdivisions (a)(1)-(4) is presented to the president, vice president, or secretary of a school district board of directors, a majority of the members of the school district board of directors shall:
      1. Vote on whether to appoint an independent investigator to investigate the credible evidence presented; and
      2. Hold a hearing on the existence of a vacancy on the school district board of directors.
      1. At least fifteen (15) days before a hearing is held under subdivision (b)(1)(B) of this section, a notice of the hearing shall be provided by personal delivery or certified mail with the return receipt signed by the addressee only requested to the board member whose eligibility is questioned so that the board member has an opportunity to speak before the other members of the school district board of directors.
      2. If the board member whose eligibility is questioned is unable to attend the hearing, he or she may:
        1. Submit no more than one (1) request in writing to the president and the secretary of the school district board of directors requesting an alternative time for the hearing, not to be later than the next regularly scheduled meeting of the school district board of directors; or
        2. Notify the president and the secretary of the school district board of directors in writing that he or she is unable to attend the meeting in person but will send a representative to the meeting in his or her place.
    2. At a hearing held under subdivision (b)(1)(B) of this section, a majority of the members of the school district board of directors, excluding the board member whose eligibility is challenged, shall:
      1. Be presented with written or oral evidence;
      2. Act as the finder of fact to determine whether or not a vacancy exists; and
      3. Vote whether or not a vacancy exists based on the evidence at the conclusion of the hearing.
    3. A vacancy under subdivisions (a)(1)-(3) of this section does not exist until an affirmative vote has taken place under subdivision (b)(3)(C) of this section.
      1. The school district board of directors shall make a record of the hearing and keep a copy of all evidence presented.
      2. A written transcript of the hearing shall be made available upon request.
      1. Within ten (10) days of a vote to remove a member of the school district board of directors due to a vacancy under subdivisions (a)(1)-(3) of this section, the school district board of directors shall provide a written notification of removal to the board member who is deemed ineligible.
      2. The notice shall:
        1. Include a statement of the removal, the date of the vote, and the right to appeal;
        2. Be delivered personally or by registered or certified mail with the return receipt signed by the addressee only; and
        3. Be provided to the county clerk for the county clerk's records.
  2. If a vacancy occurs on the school district board of directors, the vacancy shall be filled by the appointment of an individual who is a qualified elector of the school district and who resides in the same zone, if applicable, as required by the vacant position by either:
    1. A majority vote of the remaining directors; or
    2. The county quorum court if:
      1. As a result of several vacancies on the school district board of directors, only a minority of board members remains; or
      2. The school board of directors fails to fill the vacancy within thirty (30) days.
  3. If a vacancy on the school district board of directors results in an officer position being vacant, the school district board of directors shall elect no later than the next regularly scheduled meeting after the appointment of a new board member the officer position until the next general election of board officers.
  4. An appointed director, except a director appointed to fill a vacancy under § 6-13-613, shall serve only to the next annual school election, at which time the electors shall select in the usual manner directors to serve the unexpired terms of the vacating directors.
    1. The secretary of the school district board of directors shall notify the county clerk of an appointment to the school district board of directors within five (5) days of the appointment being made.
    2. The notice shall include the name of the appointed board member and the expiration date of his or her term.
  5. A board member appointed under this section shall take the oath required under § 6-13-617.

History. Acts 1935, No. 30, § 4; Pope's Dig., § 11524; A.S.A. 1947, § 80-504; Acts 1991, No. 201, § 1; 1999, No. 1078, § 36; 2015, No. 843, § 1; 2015, No. 846, § 3; 2017, No. 589, § 1.

Publisher's Notes. Pursuant to § 1-2-207, this section is set out above as amended by Acts 2015, No. 843. Subsection (c) [now (e)] of this section was also amended by Acts 2015, No. 846 to read as follows:

“(c) Except as provided under § 6-13-613, all appointed directors shall serve only to the next annual school election, at which time the electors shall select in the usual manner directors to serve the unexpired terms of the vacating directors.”

Amendments. The 2015 amendment by No. 843 added present (a) and (b); rewrote and redesignated former (a) and (b) as (c); inserted (d); redesignated former (c) as (e); substituted “An appointed director, except a director appointed to fill a vacancy under § 6-13-613” for “All appointed directors” in present (e); and added (f) and (g).

The 2015 amendment by No. 846 added “Except as provided under § 6-13-613” in (c).

The 2017 amendment inserted (a)(4), and redesignated the remaining subdivisions accordingly; and substituted “subdivisions (a)(1)-(4)” for “subdivisions (a)(1)-(3)” in (b)(1).

Case Notes

Appointments.

Where the county court filled two vacancies in a board of school directors without designating which appointee held for the long or the short term and the next annual school meeting decided that one of the appointees should hold the long term and elected a successor to the other, the former continued to hold office, not under the decision, but under his original appointment because no successor was elected to succeed him. Click v. Sample, 73 Ark. 194, 83 S.W. 932 (1904) (decision under prior law).

Elections.

Vacancies in board could be filled at special election. Watson v. Trotter, 188 Ark. 485, 66 S.W.2d 634 (1933) (decision under prior law).

Where a trial court had ousted the apparent winner of an election for school board director due to ballots deemed defective under Ark. Const., Amend. 51, §§ 6, 13, the trial court had the power to declare the next highest vote getter the winner of the election and to place him in office. Loyd v. Keathley, 284 Ark. 391, 682 S.W.2d 739 (1985).

Cited: Glover v. Henry, 231 Ark. 111, 328 S.W.2d 382 (1959); Jessup v. Hancock, 238 Ark. 866, 385 S.W.2d 24 (1964); East Poinsett County Sch. Dist. No. 14 v. Massey, 317 Ark. 219, 876 S.W.2d 573 (1994).

6-13-612. Vacancy — Conviction of felony.

  1. When a member of the board of directors of any school district in this state is convicted of a felony, a vacancy shall exist on that board of directors from the date of the final judgment of conviction.
  2. The prosecuting attorney who successfully prosecutes a school district board member for a felony shall immediately notify the remaining members of that board of directors of the fact of the conviction and of the existence of a vacancy on the board of directors of the school district.
  3. A vacancy on a school district board of directors due to the conviction of a felony shall be filled as required under § 6-13-611.

History. Acts 1981, No. 13, § 1; A.S.A. 1947, § 80-504.2; Acts 2015, No. 843, § 2; 2015, No. 846, § 4.

Publisher's Notes. Pursuant to § 1-2-207, this section is set out above as amended by Acts 2015, No. 843. Subsection (c) of this section was also amended by Acts 2015, No. 846 to read as follows:

“(c) The remaining members of the board of directors of the school district shall, under § 6-13-611, select a person to fill such vacancy until the next regular school election, at which election a successor member shall be elected for the remaining portion of such term.”

Amendments. The 2015 amendment by No. 843 rewrote (c).

The 2015 amendment by No. 846 substituted “under § 6-13-611” for “at their next regular meeting” in (c).

6-13-613. Temporary vacancies — Vacancies created by failure to participate.

  1. In cases where directors have entered the services of the United States Armed Forces or its allies, temporary vacancies on such boards are declared to exist until the end of the terms of the members or until their return to civilian life in the school district if their return occurs before the expiration of their elected terms.
  2. These vacancies shall be filled in the manner prescribed by law, except that appointments of the successors shall be conditional upon the return of the members to resume their normal civilian activities in the school district. Upon return, they may resume their duties as directors for their unexpired terms by written notice to the secretaries of their respective school district boards of directors.
  3. Directors appointed under the provisions of this section shall take the required oath of office and conform in all respects to legal provisions regarding directors.
  4. Directors serving in the United States Armed Forces shall be eligible for reelection in the usual manner prescribed by law. If reelected, the procedure for filling the temporary vacancies provided herein shall be again followed in the appointment of the successors to the absentees, and all other provisions of this section shall prevail.
  5. If there is a majority of the directors left after the absences mentioned in this section, such majority may act without notice to those so absent as fully and as effectively as if all directors were present.
  6. If there is more than a majority remaining after such absences, notice must be given for a reasonable length of time before the meeting to directors not so absent of the time, place, and purpose of a meeting of the school district board of directors, unless the meeting is a regular and not a special or called meeting.

History. Acts 1943, No. 120, §§ 1-3; A.S.A. 1947, §§ 80-206 — 80-208; Acts 1991, No. 201, § 2; 1993, No. 294, § 7; 1999, No. 1078, § 37; 2015, No. 843, § 3.

Amendments. The 2015 amendment deleted former (d) and (f) and redesignated the remaining subsections accordingly.

6-13-614. [Repealed.]

Publisher's Notes. This section, concerning school districts with five directors, was repealed by Acts 2003, No. 1364, § 1. The section was derived from Acts 1945, No. 29, § 1; A.S.A. 1947, § 80-503.

6-13-615. Local option to elect directors from single-member zones.

    1. Qualified electors of a school district may, by petition, have placed on the ballot of any annual school election the issue to determine whether to elect the school district board of directors from single-member zones.
    2. The petitions calling for such an issue to be placed on the ballot shall be signed by not less than ten percent (10%) of the qualified electors of the school district, based upon the total number of registered voters in the school district.
    3. The petitions may be circulated between ninety (90) days and forty-five (45) days before the election date.
    4. The petitions shall be filed with the county election commission of the county in which the largest portion of the school district lies.
    1. Within ten (10) days of the receipt and verification of the sufficiency of the petitions, the county election commission shall notify the board of directors of the affected school district that the issue shall be placed on the ballot of the next school election.
    2. The county election commission shall specify the wording of the ballot to be used to determine whether to elect the school district board of directors from single-member zones.
  1. If a majority of the qualified electors of the school district shall vote for the election of the school district board of directors from single-member zones, the county election commission of the county in which the largest portion of the school district lies shall establish, within the school district, boundaries for the election of directors of the board of directors which shall have substantially equal population based on the most recent available census information and from which racial minorities may be represented on the board of directors in proportions reflected in the school district population as a whole.
  2. The members of the board of directors of the school district shall be elected for a three-year term. Provided, any member of the board of directors shall hold office until his or her successor has been elected and qualified. A member of the board of directors who is qualified to serve the zone he or she represents may succeed himself or herself.
    1. Following the election, the new school district board of directors at their initial meeting shall, by lot, establish their initial terms so that an equal number of positions are filled each year and not more than three (3) members' terms expire each year.
    2. The regular term of office for the school district board of directors elected after the initial election following the decision to elect from single-member zones shall be the same as the term of the school district board of directors of the school district before the change in the method of election of the school district board of directors.

History. Acts 1989, No. 872, §§ 1-5.

Publisher's Notes. Former § 6-13-615, concerning incarceration for failure to integrate, was repealed by Acts 1989, No. 950, § 1. The former section was derived from Acts 1959, No. 207, §§ 1, 2; A.S.A. 1947, §§ 80-542, 80-543.

Acts 1989, No. 872, § 4, provided, in part:

“Upon passage, the length of terms of persons serving on the board of directors of a school district shall be reduced or lengthened to comply with this section. At the time of the passage, the board of directors shall draw lots to determine which zone positions their board position shall represent until a qualified board member from that zone can be elected. The board of directors shall then draw lots to stagger the lengths of terms of the various zones. The zone terms shall be staggered so that one-third, or the the nearest whole number, of the zones shall be subject to election at the next regular school election, one-third, or to the nearest whole number, of the zones shall be subject to election at the next following regular school election, and one-third, or any remaining number, of the zones shall be subject to election at the second subsequent regular school election.”

Case Notes

In General.

This section authorizes election for and the establishment of single-member zones. East Poinsett County Sch. Dist. No. 14 v. Massey, 315 Ark. 163, 866 S.W.2d 369 (1993).

6-13-616. Qualifications of directors.

  1. No person shall be eligible to be a member of any school district board of directors in this state unless he or she is a qualified elector of the school district which he or she serves.
  2. No person who is elected to a school district board of directors shall be eligible for employment in that same school district.

History. Acts 1935, No. 30, § 4; Pope's Dig., § 11524; Acts 1957, No. 131, § 1; A.S.A. 1947, §§ 80-504, 80-504.1; Acts 1989, No. 242, § 1; 1993, No. 294, § 7; 1993, No. 346, § 1; 1999, No. 1390, § 1.

A.C.R.C. Notes. This section was amended by Acts 1989, No. 242, § 1, effective July 3, 1989. However, it was also repealed by Acts 1989, No. 950, § 1, effective March 27, 1989; the title of the act stated that it was designed to repeal provisions which might impede the providing of quality education to all Arkansas students.

Case Notes

Eligibility.

Even though Acts 1989, No. 242 purported to make a person whose residential property spans parts of two school districts eligible to serve on the board of either, it did not change the qualified elector requirement of Ark. Const., Art. 19, § 3. Davis v. Holt, 304 Ark. 619, 804 S.W.2d 362 (1991).

Ownership of Property.

This section does not specify that ownership of real property in the school district must exist at time of election, thus director is qualified if this eligibility requirement is met at time of commencement of term and induction into office. Jessup v. Hancock, 238 Ark. 866, 385 S.W.2d 24 (1964) (decision under prior law).

Residence.

Where the attempted exchange of territory between two school districts was void because it did not have the approval of a majority of the electors in each district as required by § 6-13-201 (repealed), a resident of the territory sought to be added to one of the districts was not a resident of the school district to which his property was transferred, and, therefore, he could not be a candidate for school director in that district since this section requires a school director to be a bona fide resident and qualified elector of the district which he serves. Holden v. Vent, 270 Ark. 567, 605 S.W.2d 463 (1980) (decision under prior law).

Cited: Glover v. Henry, 231 Ark. 111, 328 S.W.2d 382 (1959).

6-13-617. Oath.

    1. Each director elected for an initial or nonconsecutive term of office shall, within ten (10) days after receiving notice from the county clerk or his or her designee of his or her election or within ten (10) days after receiving notice from the county clerk or his or her designee of his or her appointment, subscribe to the following oath before an individual authorized to administer oaths under § 21-2-105:
      1. After the oath is administered, the director shall submit a certification of the administration of the oath to the county clerk or his or her designee.
      2. The certification of the administration of the oath shall contain:
        1. A copy of the oath;
        2. The director's signature;
        3. The administrator's signature; and
        4. The date.
    1. The county clerk, upon receipt of the certification of the administration of the oath prescribed for a director, shall immediately commission such persons, and they shall enter at once upon their duties as directors.
    2. By the close of business of the day following the receipt of the certification of the administration of the oath, the county clerk or his or her designee shall notify the superintendent of the school district by phone that the individual has subscribed to the director's oath and shall send a copy of the certificate of the administration of the oath to the school district’s central office within five (5) days.
  1. The failure of an elected director to have the oath administered as required under subsection (a) of this section will result in:
    1. The individual’s not being qualified to serve for the purpose of Arkansas Constitution, Article 19, § 5; and
    2. A holdover.

“I, , do hereby solemnly swear or affirm, that I will support the United States Constitution and the Arkansas Constitution, and that I will not be interested, directly or indirectly, in any contract made by the district of which I am a director, except as permitted by state law and that I will faithfully discharge the duties as school director in School District upon which I am about to enter.

Director's Signature

Administrator's Signature

Date”.

History. Acts 1935, No. 30, § 12; Pope's Dig., § 11532; A.S.A. 1947, § 80-505; Acts 2001, No. 1599, § 20; 2013, No. 1155, § 10; 2015, No. 379, § 2.

Amendments. The 2013 amendment updated the form in (a).

The 2015 amendment redesignated former (a) as (a)(1); in present (a)(1), substituted “for an initial or nonconsecutive term of office shall, within ten (10) days after receiving notice from the county clerk or his or her designee of his or her election or within ten (10) days after receiving notice from the county clerk or his or her designee of his or her appointment, subscribe to the following oath before an individual authorized to administer oaths under § 21-2-105” for “or appointed shall, within ten (10) days after receiving notice of his or her election or appointment, subscribe to the following oath” and added “Director's Signature”, “Administrator's Signature”, and “Date” at the end of the oath; added (a)(2); redesignated (b) as (b)(1); added “the certification of the administration” in (b)(1); added (b)(2); and added (c).

Case Notes

Interest in Transactions.

Directors, who entered into private business transactions with school district, were enjoined from having any future financial dealings with their district, since those dealings violated their oath as directors. Dowell v. School Dist. No. 1, 220 Ark. 828, 250 S.W.2d 127 (1952).

Taxpayers and residents of school district could not recover public funds paid for supplies to merchant whose son was a member of the school board where the preponderance of the evidence established that fair prices were charged by merchant and value received by the school district. Brewer v. Howell, 227 Ark. 517, 299 S.W.2d 851 (1957).

Purchases made from a business concern employing a school board member are not in violation of the law, for that director is not interested either “directly or indirectly” as is contemplated by the statute. Brewer v. Howell, 227 Ark. 517, 299 S.W.2d 851 (1957).

Cited: Jessup v. Hancock, 238 Ark. 866, 385 S.W.2d 24 (1964).

6-13-618. Organization — Disbursing officer.

  1. At the first regular meeting following the later of the certification of the results of the annual school election or the certification of the results of a runoff election, the board of directors of each school district shall organize by electing:
    1. One (1) of their number president;
    2. One (1) of their number vice president; and
    3. A secretary who may be, but need not be, a member of the board of directors.
    1. By resolution adopted by majority vote, the board of directors shall designate one (1) of its members who shall serve as the primary board of directors disbursing officer of the school district.
    2. In addition, the board of directors may designate one (1) or more board members as an alternate board of directors disbursing officer or officers in the absence of the designated primary board of directors disbursing officer.
    3. Such a resolution must be filed with the county treasurer and the Secretary of the Department of Finance and Administration.
  2. No warrant or check other than food service or activity funds warrants or checks shall be valid in the absence of the following manual or facsimile signatures:
    1. That of the designated board member serving as disbursing officer for the school district or the designated alternate; and
    2. That of the superintendent of the school district.

History. Acts 1959, No. 78, § 1; 1967, No. 187, § 1; A.S.A. 1947, § 80-506; Acts 2003, No. 671, § 1; 2013, No. 558, § 1; 2019, No. 910, § 3364.

Amendments. The 2013 amendment, in (a), inserted “later of the certification of the results of the” and “or the certification of the results of a run-off election”.

The 2019 amendment substituted “Secretary” for “Director” in (b)(3).

6-13-619. Meetings.

    1. The board of directors of a public school district shall meet:
      1. Monthly during the school term;
      2. On call of the president or secretary or any three (3) members of the board of directors; and
      3. When petitioned to meet by a verified written petition that:
        1. Is signed by fifty (50) qualified electors in the school district;
        2. Contains the printed name and address of each qualified elector signing the petition;
        3. Is accompanied by the verified statement of the person obtaining the signatures on the petition required under § 7-9-109; and
        4. States the purpose for the meeting.
      1. At least five (5) days before a regular monthly meeting of a board of directors, the superintendent shall notify the president of the board of directors of:
        1. All written requests to be placed on the board agenda; and
        2. The superintendent's recommendation concerning each request.
      2. A request to be placed on the agenda shall not be granted if placement on the agenda:
        1. Prejudices the board of directors concerning a student or personnel matter that is on the agenda for the board's consideration of a disciplinary or employment action; or
        2. Is in conflict with school district policy or law.
      1. Except in emergency situations, regular and special meetings of the school district board of directors and school board committees that deal with personnel or personnel policies shall be held after 5:00 p.m.
      2. A meeting of the school district board of directors or a school board committee that does not deal with personnel or personnel policies may occur at any time and on any day, regardless of whether there is an emergency.
      1. At least ten (10) days before the date of a regular meeting of its board of directors, a public school district shall publish on the public school district's website a notice of the date, time, and place of the meeting.
      2. At least twenty-four (24) hours before a rescheduled regular meeting, a public school district shall publish on the public school district's website a notice of the change in the date, time, or place of the regular meeting.
  1. The secretary of a board of directors shall:
    1. Keep minutes of regular and special meetings of the board of directors, including without limitation a:
      1. Record of the members present or not present at the meeting;
      2. Record of the outcome of a vote; and
      3. Copy of all budgets of the school district and all reports of the county treasurer on the financial affairs of the school district; and
    2. Maintain a permanent record of the minutes.
      1. Except as provided under subsection (d) of this section, a board member shall be physically present at a meeting to be counted for purposes of a quorum or to vote.
      2. If a quorum is not established or maintained, a vote shall not be taken until a quorum is established or restored.
      3. A majority of a quorum voting affirmatively is required for the passage of any motion or resolution.
      4. Any member who abstains from voting shall be counted as having voted against the motion or resolution.
        1. If a member announces a conflict of interest with regard to an issue, the member may leave the meeting until the voting on the issue is concluded.
        2. A member who leaves a meeting due to a conflict of interest:
          1. Shall not be counted in the board of director's vote; and
          2. Shall not be considered present for the purpose of establishing a quorum until the member returns to the meeting after the vote.
    1. Except as provided under subdivision (c)(1)(E)(ii) of this section, for the purposes of this section, a quorum shall be a majority of the membership of the board of directors.
    2. A quorum of the board of directors must be physically present for the board of directors to enter an executive session.
    1. The board of directors may adopt a policy permitting a member of the board of directors who is unable to be physically present at a meeting to attend the meeting remotely.
    2. For a member of the board of directors that attends a meeting remotely to be counted for a quorum and to vote, the method used to permit the member of the board of directors to attend remotely shall:
      1. Provide a method for the president of the board of directors or the secretary of the board of directors to verify the identity of the member of the board of directors attending remotely;
      2. Allow members of the board of directors that are present and members of the public to hear the member of the board of directors attending remotely at all times; and
      3. Allow a member of the board of directors attending remotely to hear the members of the board of directors present at the meeting and any public comment at all times.
    3. A member of the board of directors attending remotely shall not:
      1. Attend an executive session or closed hearing remotely; or
        1. Vote on an issue that is the subject of an executive session or closed hearing.
        2. A board member's inability to vote on an item discussed in executive session shall be treated the same as if the board member had left the room under subdivision (c)(1)(E) of this section.
      1. Up to three (3) times per calendar year the board of directors may count a board member attending remotely for the purpose of establishing a quorum.
      2. A board member attending remotely that is used to establish a quorum under subdivision (d)(4)(A) of this section shall not be counted to determine if the board may enter executive session under subdivision (c)(3) of this section.

History. Acts 1931, No. 169, § 96; Pope's Dig., § 11534; Acts 1983, No. 855, § 1; A.S.A. 1947, § 80-507; Acts 1993, No. 608, § 1; 1995, No. 1347, § 1; 2007, No. 1588, § 1; 2013, No. 559, § 1; 2015, No. 836, § 1; 2015, No. 843, § 4.

Amendments. The 2013 amendment rewrote (a) through (c).

The 2015 amendment by No. 836 added “Except as provided under subsection (d) of this section” in (c)(1)(A); added (c)(3); and rewrote (d).

The 2015 amendment by No. 843 repealed former (d).

Cross References. Meetings open to public, § 25-19-106.

Case Notes

Notice.

A contract for the employment of a teacher entered into at a meeting of a school board at which only two of its three members were present and of which meeting the third member had no notice was invalid. School Dist. v. Castell, 105 Ark. 106, 150 S.W. 407 (1912) (decision under prior law).

The mere presence together of the directors of a school district was not a school meeting where they had not met pursuant to notice unless it was made so by the participation for that purpose of all the directors. Rice v. School Dist., 109 Ark. 125, 159 S.W. 29 (1913) (decision under prior law).

Two directors could act for the school district and bind it by their contract only at a meeting at which all the directors were present or of which they all had notice. Rice v. School Dist., 109 Ark. 125, 159 S.W. 29 (1913) (decision under prior law).

Quorum.

Although former subdivision (c)(4) of this section could be read to mean a quorum of the board as originally constituted or a quorum of the board comprised of remaining active members, a quorum of the original board, that is, four members, is required to be present to conduct the business of the board. East Poinsett County Sch. Dist. No. 14 v. Massey, 317 Ark. 219, 876 S.W.2d 573 (1994).

6-13-620. Powers and duties.

The board of directors of each school district in the state is charged with the following powers and required to perform the following duties in order to provide no less than a general, suitable, and efficient system of free public schools:

  1. Attend meetings of the school district board of directors;
  2. Determine the mission and direction of the school district;
  3. Adhere to state and federal laws governing public schools;
  4. Enact, enforce, and obey school district policies;
    1. Employ staff, including:
        1. A superintendent of schools to oversee the day-to-day operations of the school district.
        2. A superintendent shall be evaluated annually or no less often than before any extension of his or her employment contract.
        3. Superintendents and assistant superintendents may be employed under contract terms and conditions that incorporate all elements prescribed by the State Board of Education; and
        1. School district employees under initial written employment contracts in the form prescribed by the State Board of Education, not including day-to-day substitutes.
        2. The employment contract shall:
          1. State the duration of employment, specific duties of the employee and the annual salary or hourly wage of the employee and projected annual earnings in the case of nonexempt employees under applicable state and federal law; and
          2. Incorporate all personnel policies adopted by June 30 to be in effect on July 1 of the following employee contract year, subject to the requirements and exceptions contained in §§ 6-17-204 and 6-17-205.
            1. Reviewing, adopting, and publishing the school district's budget;
            2. Overseeing and monitoring the school district finances, including:
            3. Borrowing money as necessary, but in no case shall the school district board of directors permit the school district to end the fiscal year with a negative legal balance;
            4. Entering into contracts for goods and services necessary to operate the school district;
            5. Buying, selling, renting, and leasing real property and personal property on behalf of the school district;
            6. Receiving, reviewing, and approving each annual financial audit report and presenting it to the public;
    2. Copies of initial written employment contracts and renewed written employment contracts issued in accordance with §§ 6-17-1506 and 6-17-1703 shall be distributed as follows:
      1. One (1) copy to be given to the employee;
      2. One (1) copy to be retained by the school district board of directors; and
      3. One (1) copy to be retained by the school district's treasurer or bookkeeper;
  5. Understand and oversee school district finances required by law to ensure alignment with the school district's academic and facility needs and goals, including without limitation:
    1. Revenues;
    2. Expenditures;
    3. Investments;
    4. Debts;
    5. Obligations;
    6. Inventory; and
    7. Real property;
  6. Ensure that:
    1. Necessary and sufficient facilities are built or obtained, furnished, and maintained; and
    2. All properties belonging to the district are managed and maintained for the benefit of the school district;
  7. Approve the selection of curriculum and ensure that students are offered and taught the courses of study and educational content required by the State Board of Education;
  8. Visit district schools and classrooms when students are present no less than annually and attend some events and functions;
  9. Obtain the training and professional development necessary to serve as active and informed members of the school district board of directors; and
  10. Do all other things necessary and lawful for the conduct of efficient free public schools in the school district.

History. Acts 1931, No. 169, § 97; Pope's Dig., § 11535; Acts 1939, No. 316, § 1; 1941, No. 389, § 1; 1943, No. 96, § 1; 1949, No. 287, § 1; 1953, No. 204, § 1; 1957, No. 280, § 1; 1969, No. 327, § 1; 1973, No. 253, § 3; 1973, No. 690, § 1; 1977, No. 658, § 1; 1983 (1st Ex. Sess.), No. 41, § 1; 1983 (1st Ex. Sess.), No. 53, § 1; A.S.A. 1947, § 80-509; Acts 1989, No. 822, § 1; 1993, No. 294, § 7; 1995, No. 233, § 1; 1999, No. 391, § 3; 1999, No. 1078, § 38; 2001, No. 581, § 1; 2001, No. 1747, § 1; 2003, No. 1738, § 1; 2007, No. 617, §§ 5, 6; 2007, No. 710, § 1; 2007, No. 1573, § 45; 2009, No. 1180, § 2.

Amendments. The 2009 amendment rewrote the section.

Cross References. Sixteenth section school lands, §§ 6-13-108 and 22-5-407.

Research References

Ark. L. Rev.

The Emerging Law of Students' Rights, 23 Ark. L. Rev. 619.

School Board Members' Immunity from § 1983 Suits — Wood v. Strickland, 29 Ark. L. Rev. 554.

Case Notes

In General.

School directors could exercise powers expressly conferred upon them or powers necessary for the due and efficient exercise of express powers or which might be fairly implied from the statute granting the express powers. A.H. Andrews Co. v. Delight Special Sch. Dist., 95 Ark. 26, 128 S.W. 361 (1910); Scott v. Magazine Special School Dist., 173 Ark. 1077, 294 S.W. 365 (1927) (decision under prior law).

Persons who dealt with school officers were presumed to have knowledge of the extent of officers' powers. Ark. Nat'l Bank v. School Dist., 152 Ark. 507, 238 S.W. 630 (1922) (decision under prior law).

Borrowing Money.

The power of a school district to borrow money and pay interest is granted by this section and power was not repealed by §§ 6-20-401, 6-20-402, 6-20-410 limiting school district's expenditure to amount of revenue for the school year, though those sections repealed the power to borrow from next year's revenue. Jenson v. Special School Dist. No. 6, 199 Ark. 886, 136 S.W.2d 169 (1940).

Power to borrow money conferred on school districts carries with it the power to issue evidences of indebtedness therefor and to pay interest thereon, but since this section does not fix or limit the rate of interest that may be paid, district was not authorized to contact for payment of interest in excess of the legal rate. Jenson v. Special School Dist. No. 6, 199 Ark. 886, 136 S.W.2d 169 (1940).

Closing Schools.

There was no abuse of discretion on the part of the board in closing a grade school where evidence sustained finding that the school was inefficient, both educationally and economically. Evans v. McKinley, 234 Ark. 472, 352 S.W.2d 829 (1962).

Consolidation and Annexation.

The directors of a school district may resist proceedings to annex a portion of their property to another district. School Dist. v. Rural Special School Dist., 128 Ark. 383, 194 S.W. 241 (1917) (decision under prior law).

An alleged agreement between the directors of two adjoining school districts that one district would not seek to acquire territory from the other district was not binding on the districts and therefore did not prevent taxpayers from petitioning for a consolidation of those districts. School Dist. No. 18 v. Grubbs Special Sch. Dist., 184 Ark. 863, 43 S.W.2d 765 (1931) (decision under prior law).

De Facto Officers.

De facto school director was authorized to execute contracts with third persons which were binding on the school district. School Dist. v. Garrison, 90 Ark. 335, 119 S.W. 275 (1909); School Dist. v. McClain, 185 Ark. 658, 48 S.W.2d 841 (1932) (decision under prior law).

Directors' Discretion.

In this state a broad discretion is vested in the board of directors of each school district in the matter of directing the operation of the schools and a chancery court has no power to interfere with boards in the exercise of that discretion unless there is a clear abuse of it and the burden is upon those charging such an abuse to prove it by clear and convincing evidence. Safferstone v. Tucker, 235 Ark. 70, 357 S.W.2d 3 (1962).

Employment Contracts.

School directors were not authorized to make a parol contract for the hire of a teacher. Griggs v. School Dist., 87 Ark. 93, 112 S.W. 215 (1908) (decision under prior law).

Only written contracts to teach school could be made by school directors, and parol evidence to vary the terms of a contract was inadmissible. Marr v. School Dist., 107 Ark. 305, 154 S.W. 944 (1913) (decision under prior law).

While the requirement that contracts for employment of teachers by school districts be in writing was mandatory, a verbal contract could be ratified by a district by accepting the teacher's services, but in the case of partial performance, the ratification extended only to the period of performance. Bald Knob Special Sch. Dist. v. McDonald, 171 Ark. 72, 283 S.W. 22 (1926) (decision under prior law).

Provisions of this section that contracts of teachers and other employees are to be in writing is mandatory. Johnson v. Wert, 225 Ark. 91, 279 S.W.2d 274 (1955).

Requirement of a valid contract was never consummated and action of board in rescinding its action in voting to reemploy superintendent was effective. Johnson v. Wert, 225 Ark. 91, 279 S.W.2d 274 (1955).

There is no statutory requirement that school custodians be employed by contract, much less that their contracts be subject to a contingency such as the one formerly contained in this section, but having elected to enter into a contract which did not provide for such a contingency, the school district and the custodial employee were equally bound to honor its terms. Calico Rock School Dist. v. Speak, 293 Ark. 206, 736 S.W.2d 10 (1987).

Under this section, the sole power to execute and to terminate a teacher's contract is vested in a school district's board of education; obviously, the legislature was mindful of that rule when it passed § 6-17-1506, as that section provides for a resignation to be delivered to the school board. Teague v. Walnut Ridge Sch., 315 Ark. 424, 868 S.W.2d 56 (1993).

Nothing in the law requires the board to actually name the person it purports to employ. Love v. Smackover Sch. Dist., 322 Ark. 1, 907 S.W.2d 136 (1995).

In an employment dispute, a school district was not liable because a purported employment contract with a nurse was not approved and ratified by the school board in the manner required by law. The fact that the nurse resigned her former employment based only on the school official asking her to come in for an interview and “promising” her that she would get the job did not support a claim for relief in Arkansas. Johnson v. Blytheville Sch. Dist., 2017 Ark. App. 147, 516 S.W.3d 785 (2017).

—Signature.

Where neither the secretary of the board nor a majority of the members of the board had signed principal's proposed renewal contract, no contract had been created. Morton v. Hampton School Dist., 16 Ark. App. 264, 700 S.W.2d 373 (1985).

Liability of Directors.

Where school directors acted in good faith believing at the time that they had authority under the statutes to expend money for the purposes for which they issued warrants, they were not liable to the district individually for money so expended even though they had no such authority. Hendrix v. Morris, 134 Ark. 358, 203 S.W. 1008 (1918) (decision under prior law).

Liability of School Principals.

It cannot be held as a matter of law that this section and §§ 6-17-302 and 6-17-919 absolutely bar an action against a school principal for damages allegedly caused by his actions in excess of his authority. Hart v. Bridges, 30 Ark. App. 262, 786 S.W.2d 589 (1990).

Number of Directors.

When there were only two school directors in a school district qualified to act, they could bind the district by their acts. Marr v. School Dist., 107 Ark. 305, 154 S.W. 944 (1913) (decision under prior law).

Religious Practices.

Religious exercises held prohibited by the establishment clause of the First Amendment to the constitution as made applicable to the states by the Fourteenth Amendment and thereby could not be approved or condoned by policies of the directors of a county school district, its agents and employees. Goodwin v. Cross County School Dist. No. 7, 394 F. Supp. 417 (E.D. Ark. 1973).

School Property.

In a lease of school lands, it could be stipulated that the lessee should fence the lands and build tenant houses thereon. School Dist. v. Gladish, 111 Ark. 329, 163 S.W. 1193, 163 S.W. 1194 (1914) (decision under prior law).

The directors of a school district could build an addition to an existing schoolhouse without authorization from the annual school meeting. King v. Tuggles, 140 Ark. 405, 215 S.W. 613 (1919) (decision under prior law).

It was within the authority of directors to change the site of the schoolhouse. Thompson v. State, 151 Ark. 369, 236 S.W. 608 (1922) (decision under prior law).

Where the sale of school property was within the scope of the powers of school directors they were the exclusive judges of the necessity of making the sale and the application of the proceeds. Scott v. Magazine Special School Dist., 173 Ark. 1077, 294 S.W. 365 (1927) (decision under prior law).

The sale of school property partially in consideration of an agreement that the purchasers would maintain a school and receive pupils sent by the director of school districts was authorized. Scott v. Magazine Special School Dist., 173 Ark. 1077, 294 S.W. 365 (1927) (decision under prior law).

The school district had the power to buy and to sell property involved in boundary dispute under direct power conferred by statute. Jewel v. Shiloh Cem. Ass'n, 224 Ark. 324, 273 S.W.2d 19 (1954).

Student Conduct.

Rule prohibiting cosmetics not unreasonable. Pugsley v. Sellmeyer, 158 Ark. 247, 250 S.W. 538 (1923) (decision under prior law).

Rules making students who participated in secret groups ineligible for certain school honors and activities were within the duty of doing all things necessary for conduct of efficient free school system as provided in subdivision (12) (now subdivision (11)). Isgrig v. Srygley, 210 Ark. 580, 197 S.W.2d 39 (1946).

Supplies.

A contract made by a single school district director for supplies was not beyond the powers conferred on such director and therefore was not incapable of ratification. Beckley-Cardy Co. v. West Point Special School Dist., 209 Ark. 792, 192 S.W.2d 540 (1946).

Taxation.

Under this section, school districts had authority to cooperatively employ a tax representative to prepare the list of taxpayers to be filed with the county assessor under § 26-26-705 to attempt to discover new construction and other property not listed for taxation, to appraise the property, and to submit that information to the appropriate district. Burnett v. Nix, 244 Ark. 235, 424 S.W.2d 537 (1968).

After ascertaining the rate of taxation necessary to raise money for the construction and operation of schools, the school district board of directors must see that that rate is placed upon election ballots to be approved or rejected by the voters. Henry v. Stuart, 251 Ark. 415, 473 S.W.2d 165 (1971).

Cited: White v. Jenkins, 213 Ark. 119, 209 S.W.2d 457 (1948); Johnson v. Robbins, 223 Ark. 150, 264 S.W.2d 640 (1954); Garrett v. Faubus, 230 Ark. 445, 323 S.W.2d 877 (1959); Morrilton School Dist. v. United States, 606 F.2d 222 (8th Cir. 1979); Carter v. Arkansas, 392 F.3d 965 (8th Cir. 2004); Crenshaw v. Eudora Sch. Dist., 362 Ark. 288, 208 S.W.3d 206 (2005).

6-13-621. Authority to convey section lands.

The board of directors of each school district in this state shall hereafter have authority to convey any of the school district's sixteenth section lands in exchange for any other land which would be more beneficial to the school district.

History. Acts 1995, No. 393, § 1.

Publisher's Notes. Former § 6-13-621, concerning the city superintendent, was repealed by Acts 1993, No. 294, § 7. The section was derived from Acts 1931, No. 169, § 40; Pope's Dig., § 11469; A.S.A. 1947, § 80-534.

Cross References. Sixteenth section school lands, §§ 6-13-108 and 22-5-407.

6-13-622. Publication of budget.

  1. The requirement of Arkansas Constitution, Amendment 40, for publication of a public school district's budget shall be discharged by the board of directors of each school district by publication of the school district's budget one (1) time in a newspaper that is published in or has a bona fide circulation in the county or counties in which the school district is administered.
  2. The publication shall be made not less than sixty (60) days before the school election at which the annual ad valorem property tax for the school district is decided by the electors.

History. Acts 1951, No. 403, § 4; A.S.A. 1947, § 80-538; Acts 2003, No. 1280, § 1; 2019, No. 828, § 1.

Amendments. The 2019 amendment, in (a), substituted “a public school district’s budget” for “the budget”, substituted “the school district’s budget” for “its budget”, substituted “in a newspaper that is published” for “in some newspaper published”, inserted “or has a bona fide circulation in”, inserted “or counties”, and deleted “lies or, if the school district lies in more than one (1) county, in the county in which the school district” preceding “is administered”.

6-13-623. Legal proceedings — Employment of counsel.

  1. Notwithstanding any provision of law, the governing authority of any school district in the State of Arkansas is authorized to employ legal counsel to defend it, any member thereof, or any school official in any legal proceeding to which the board of directors, any member thereof, or any school official may be a defendant, which such proceeding is instituted against it, or against any member thereof, by virtue of his or her actions in connection with his or her duties as such member.
  2. All costs, expenses, and liabilities of proceedings so defended shall be a charge against the school district and paid out of funds provided by the governing body of the school district.

History. Acts 1957, No. 86, §§ 1, 2; A.S.A. 1947, §§ 80-540, 80-541.

6-13-624. Oil, gas, and mineral leases.

  1. The directors of any common or special school district of this state shall have full and complete authority without any authorization by electors of the school district to execute and deliver oil, gas, and mineral leases upon the lands of the school district, which leases are to contain such terms and are to be given for such consideration as is acceptable to the directors.
  2. Any and all oil, gas, and mineral leases covering lands of any such school district, hereafter executed by the directors of the school district, shall be valid and effectual and binding on the school district.
  3. All oil, gas, and mineral leases covering the lands of any common or special school district of this state which have been made and executed by the directors of the school district are declared to be binding on the school district and effectual for all the purposes therein set out.

History. Acts 1925, No. 138, §§ 1, 2; Pope's Dig., §§ 11770, 11771; A.S.A. 1947, §§ 80-513, 80-514.

6-13-625. Liability insurance.

  1. The boards of directors of the respective school districts of this state may, upon approval of the majority of the members thereof, purchase liability insurance to protect the individual members of the board of directors from legal liability for activities arising out of duties as a director, including liability arising out of alleged malfeasance, errors, omissions, wrongful acts not related to bodily injury or property damage, and other actions taken in the performance of their duties as directors.
  2. The board of directors may pay the premium on the liability insurance policy from funds belonging to the school district.

History. Acts 1973, No. 629, § 1; A.S.A. 1947, § 80-548.

6-13-626. Access of military recruiters to school facilities and records.

If the board of directors of a school district permits access to the school grounds, facilities, and records by any person or group of persons whose purpose is to make students aware of occupational and educational options and opportunities, the board of directors shall also permit such access on the same basis to official recruiting representatives of the military forces of the state and the United States to enable those representatives to inform students of educational and career opportunities available in the military.

History. Acts 1981, No. 254, § 1; A.S.A. 1947, § 80-550.

6-13-627. [Repealed.]

Publisher's Notes. This section, concerning drug abuse prevention coordinators, was repealed by Acts 1999, No. 100, § 4. The section was derived from Acts 1985, No. 1023, §§ 1-3; 1985, No. 1056, §§ 1-3; A.S.A. 1947, §§ 80-1921 — 80-1923.

6-13-628. Purchases in small communities without bids.

Whenever any school in a school district in any county of this state having a population of less than six thousand (6,000), according to the most recent federal census, is located in a community in which there is only one (1) store selling school supplies or furnishings, the school district may purchase such supplies or furnishings from the store irrespective of any laws of this state regarding the taking of bids for school purchases.

History. Acts 1959, No. 80, § 1; A.S.A. 1947, § 80-539; Acts 2009, No. 285, § 1.

Amendments. The 2009 amendment deleted “or laws prohibiting the selling of supplies and furnishings to any school district by a member of the school district board of directors” following “school purchases.”

6-13-629. Training and instruction — Reimbursement.

      1. A member of a local school district board of directors who has served on the board of directors for twelve (12) or more consecutive months shall obtain no less than six (6) hours of training and instruction by December 31 of each calendar year.
        1. A member of a school district board of directors elected for an initial or noncontinuous term shall obtain no less than nine (9) hours of training and instruction by December 31 of the calendar year following the year in which the member is elected.
        2. The hours of training or instruction required under subdivision (a)(1)(B)(i) of this section shall include training or instruction on how to read and interpret an audit report under subdivision (a)(3)(A)(ii)(c) of this section.
      1. The superintendent of each school district shall annually prepare a report of the training hours each school board member received the previous calendar year and those carried forward from a previous year that were eligible to be counted towards the previous year to be presented to the board at the board's regular January meeting.
      2. Members who fail to receive or carry forward the required number of training hours shall be:
        1. Permitted thirty (30) days from the date of the January board meeting to complete the deficient training hours; and
        2. Suspended from participating in official business, except for school board training, until the board member obtains the deficient training hours.
      3. A board member who fails to cure the board member's training hours deficiency within the thirty (30) days provided in subdivision (a)(2)(B) of this section shall be removed from the board and the board member's position shall be filled in accordance with § 6-13-611 unless:
        1. The board member's failure to receive the required training was due to military service of the board member; or
        2. The board member provides a written sworn statement from the board member's treating physician stating that the board member's failure to receive the required training was due to a serious medical condition.
      4. A board member who provides the necessary documentation under subdivision (a)(2)(C) of this section shall have until December 31 of the year following the year the board member failed to receive the required hours of training to receive both the hours of training under subdivision (a)(1) of this section for the current year and those the board member failed to obtain the previous year.
      5. The board shall not appoint the board member who failed to receive the required hours of training to fill the vacant position on the board that resulted from the board member's failure to receive the required hours of training.
      1. The training and instruction required under this section shall include:
        1. Topics relevant to school laws and school operations;
        2. The powers, duties, and responsibilities of the members of the board of directors, including without limitation:
          1. Legal requirements, including without limitation:
            1. The items listed or required by the Legislative Joint Auditing Committee under § 6-1-101; and
            2. Other financial laws, rules, or federal regulations designated by the Division of Elementary and Secondary Education;
          2. Role differentiation;
          3. Financial management, including without limitation how to read and interpret an audit report; and
          4. Improving student achievement; and
          1. Information regarding school safety and student discipline.(b) A member shall be required to complete the program in subdivision (a)(3)(A)(iii)(a) of this section only one (1) time.
      2. The training or instruction on how to read and interpret an audit report shall be conducted:
        1. By a person who:
          1. Is licensed to practice accounting by the Arkansas State Board of Public Accountancy;
          2. Has prior experience in conducting a school district financial audit;
          3. Is not an employee of Arkansas Legislative Audit unless the training or instruction is conducted for the boards of directors of multiple school districts; and
          4. Is not the person conducting the annual audit or other financial audit of the school district unless the training or instruction is presented in a large group setting sponsored by a statewide or regional organization that is attended by multiple school districts;
        2. Under the consultation or supervision of an individual who qualifies under subdivision (a)(3)(B)(i) of this section as part of a program that is provided:
          1. By an institution of higher education located in Arkansas;
          2. From instruction sponsored or approved by the Department of Education; or
          3. By an in-service training conducted by or through the Arkansas School Boards Association; and
        3. By electronic means or in person, or both.
    1. Hours of training and instruction obtained in excess of the minimum requirements each year may accumulate and be carried forward from year to year.
    2. This instruction may be received from an institution of higher education in this state, from instruction sponsored or approved by the Department of Education, or by an in-service training program conducted by or through the Arkansas School Boards Association.
    3. A school district shall maintain a record of hours of training and instruction for board members, which may be in the form of an attested, cumulative annual report from the training providers and which shall be subject to verification and inspection during the school district's annual audit.
  1. Local school district boards of directors are authorized to pay per diem and other necessary expenses from funds belonging to the school district and to reimburse school district board directors for expenses incurred in attending in-service workshops, conferences, and other courses of training and instruction required in completing the training and instruction as required in subsection (a) of this section.
    1. The State Board of Education shall promulgate rules, which may be included in the Standards for Accreditation of Arkansas Public Schools and School Districts, requiring that a statement of the hours of training and instruction obtained by each member of a school district board of directors in the preceding year be:
      1. Part of the comprehensive school plan and goals;
      2. Published in the same way that other components of the comprehensive school plan and goals are required to be published; and
      3. Made a part of the annual school performance report under § 6-15-1402.
    2. The State Board of Education shall promulgate rules as necessary to carry out the provisions and intent of this section.

History. Acts 1987, No. 767, §§ 1, 2; 2005, No. 1775, § 1; 2011, No. 1213, § 1; 2015, No. 568, § 1; 2017, No. 275, § 1; 2017, No. 589, § 2; 2019, No. 168, § 1; 2019, No. 315, § 188; 2019, No. 1029, § 2.

Amendments. The 2011 amendment inserted (a)(1)(B)(ii); rewrote present (a)(2)(A); and inserted (a)(2)(B).

The 2015 amendment inserted (a)(2)(B)(ii) [now (a)(3)(B)(ii)] and redesignated former (a)(2)(B)(ii) as (a)(2)(B)(iii) [now (a)(3)(B)(iii)].

The 2017 amendment by No. 275, in (a)(2)(B)(iii) [now (a)(3)(B)(iii)], substituted “By” for “May be conducted by” and inserted a comma following “person”.

The 2017 amendment by No. 589, substituted “(a)(3)(B)” for “(a)(2)(B)” in (a)(1)(B)(ii); inserted (a)(2); and redesignated former (a)(2) as (a)(3).

The 2019 amendment by No. 168 redesignated the introductory language of (a)(1)(B) as part of (a)(1)(B)(i); and rewrote (a)(1)(B)(ii).

The 2019 amendment by No. 315 substituted “rules, or federal regulations” for “or regulations” in (a)(3)(A)(i) (b) [now (a)(3)(A)(ii) (a)(2)

The 2019 amendment by No. 1029 redesignated part of (a)(3)(A) as (a)(3)(A)(i) and (ii), and the former subdivisions accordingly; added (a)(3)(A)(iii); and made stylistic changes.

6-13-630. Election by zone and at large.

    1. The board of directors of any school district shall have the authority to provide by resolution adopted by a majority vote that a portion of the board members shall be elected by zone, at large, or a combination thereof.
    2. A candidate for a position to be elected by zones shall reside in the zone.
    3. The names of the candidates for at-large board positions shall appear upon the ballots throughout the school district.
  1. The resolution adopted by the board of directors shall prescribe the procedure for implementing the reorganization within four (4) years after the date of the passage of the resolution.
  2. Every such resolution adopted by the board of directors of such school district shall adopt a plan of election for members of the board of directors which will cause the selection procedures to be in compliance with the Voting Rights Act of 1965, 52 U.S.C. § 10301 et seq.
  3. The board of directors of the school district shall cause the resolution to be published at least thirty (30) days before the filing deadline for the next regular school election after the adoption of the resolution.

History. Acts 1989, No. 185, § 1.

Publisher's Notes. Acts 1989, No. 185, § 2, provided that nothing in this act shall be construed to repeal § 6-13-607.

6-13-631. Effect of minority population on election.

  1. The qualified electors of a school district having a ten percent (10%) or greater minority population out of the total population, as reported by the most recent federal decennial census information, shall elect the members of the board of directors as authorized in this section, utilizing selection procedures in compliance with the federal Voting Rights Act of 1965, as amended.
    1. At least ninety (90) days before the election, the local board of directors shall:
      1. By resolution, choose to elect members of the board of directors from five (5) or seven (7) single-member zones or from five (5) single-member zones and two (2) at large; and
      2. With the approval of the controlling county board of election commissioners, divide each school district having a ten percent (10%) or greater minority population into five (5) or seven (7) single-member zones in accordance with the federal Voting Rights Act of 1965, as amended.
    2. Zones shall have substantially equal population, with boundaries based on the most recent available federal decennial census information.
  2. A board of directors choosing to elect members of the board of directors by five (5) single-member zones and two (2) at-large positions may fill the two (2) at-large positions by drawing lots from among the current members of the board of directors.
      1. A candidate for election from a single-member zone must be a qualified elector and a resident of the zone.
      2. A candidate for an at-large position must be a qualified elector and a resident of the school district.
      1. Except as provided in subsection (e) of this section, a member of a school district board of directors shall serve a five-year term.
      2. A term shall commence when the county court declares the results of the election by an order entered of record.
  3. At the first meeting of a new board of directors, the members shall establish initial terms by lot so that, to the extent possible, an equal number of positions are filled each year and not more than two (2) members' terms expire each year.
    1. At least one hundred (100) days before the second annual school election after each federal decennial census, the school district board of directors, with the approval of the county board of election commissioners of the county where the school district is administratively domiciled, shall:
      1. Divide each school district having a ten percent (10%) or greater minority population into single-member zones; and
        1. File a copy of the plan with the county clerk of the county where the school district is administratively domiciled.
        2. The plan filed with the clerk shall include a map showing the boundaries of the zones and documentation showing the population by race in each zone.
    2. The zones shall be based on the most recent federal decennial census information and be substantially equal in population.
    3. At the annual school election following the rezoning, a new school district board of directors shall be elected in accordance with procedures set forth in this section.
    1. The following school districts shall be exempt from the provisions of this section:
      1. A school district that is currently operating under a federal court order enforcing school desegregation or the federal Voting Rights Act of 1965, as amended;
      2. A school district that is operating under a preconsolidation agreement that is in compliance with the federal Voting Rights Act of 1965, as amended;
      3. A school district that has a zoned board of directors meeting the requirements of the federal Voting Rights Act of 1965, as amended; and
      4. A school district that a federal court has ruled is not in violation of the federal Voting Rights Act of 1965, as amended, so long as the court order is in effect.
    2. A school district which on August 13, 1993, was in the process of defending a lawsuit brought under the federal Voting Rights Act of 1965, as amended, shall also be exempt from the provisions of this section until such time as the lawsuit has been finally resolved.
      1. A school district released from operating under a federal court order enforcing school desegregation shall comply with the provisions of this section.
      2. The school district shall use the most recent federal decennial census information to create zones pursuant to this section within one hundred eighty (180) calendar days after the release from the court order.
      1. On or before August 1, 2002, and every decade thereafter, each and every school district shall submit to the Division of Elementary and Secondary Education a letter stating whether or not its school district board of directors falls under this section.
      2. In that same letter, each school district that falls under this section shall state how it has complied with this section.
      3. Furthermore, in the same letter, any school district that believes that it is exempt from this section shall state under which provision it is exempt.
    1. The division shall withhold twenty percent (20%) of the annual state funds allocation to a school district not in compliance with this section.
  4. The State Board of Education is hereby authorized to adopt rules necessary for the implementation of this section.

History. Acts 1993, No. 786, § 1; 1993, No. 1169, § 1; 1994 (2nd Ex. Sess.), No. 57, § 2; 1994 (2nd Ex. Sess.), No. 58, § 2; 1999, No. 1078, § 39; 2001, No. 1716, § 1; 2009, No. 959, § 1; 2011, No. 981, § 2; 2013, No. 968, § 1; 2019, No. 315, § 189; 2019, No. 910, § 1116.

Amendments. The 2009 amendment subdivided (f); and rewrote (f)(1).

The 2011 amendment deleted “Beginning with the 1994 annual school election” at the beginning of (a).

The 2013 amendment, in (f)(1), substituted “one hundred (100)” for “ninety (90)” and “school district” for “local” preceding “board of directors”, deleted “controlling” preceding “county board”, and inserted “of the county where the school district is administratively domiciled”; and inserted “filed with the clerk” in (f)(1)(B)(ii).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (i).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (h)(1)(A); and substituted “division” for “department” in (h)(2).

Cross References. Minorities in Arkansas Act of 2001, § 1-2-501 et seq.

U.S. Code. The federal Voting Rights Act of 1965, referred to in this section, is codified as 52 U.S.C. § 10301 et seq.

Case Notes

In General.

This section clearly does not represent any unconstitutional effort to reduce black political opportunity and does not involve majority vote requirements for run-offs. Conway Sch. Dist. v. Wilhoit, 854 F. Supp. 1430 (E.D. Ark. 1994).

The legislature had no obligation to submit for preclearance the change toward single-member systems in school board elections embodied in this section. Conway Sch. Dist. v. Wilhoit, 854 F. Supp. 1430 (E.D. Ark. 1994).

Where school district changed to a zone-election system because its black voting-age population totaled over 50 percent, and where subsection (e) of this section required that the school board members had to draw lots, so that no more than two positions were open for election at the same time, the candidates argued that this section required that a new board had to be elected any time a district engaged in rezoning of boundaries; however, under subsection (g)(1) of this section, there were clear exemptions that allowed a school district to deviate from the requirements of this section. Fields v. Marvell Sch. Dist., 352 Ark. 483, 102 S.W.3d 502 (2003).

Rezoning of Boundaries.

School district met the exceptions set out in the appplicable statute as operating under a 1971 federal desegregation order, as well as having a zoned school board, meeting the requirements of the Voting Rights Act of 1965, 42 U.S.C. 1973c [now 52 U.S.C. § 10304]. Accordingly, the argument that this section required that a new board had to be elected any time a district engaged in rezoning of boundaries, was rejected, and the trial court's decision that the only seat open for election was one expired at-large position, was affirmed. Fields v. Marvell Sch. Dist., 352 Ark. 483, 102 S.W.3d 502 (2003).

Voters who prevailed on a claim against a school district for failing to adopt new district lines following the census, in violation of this section, were not entitled to prevailing party attorney's fees because the trial court clearly awarded relief solely under this section, which did not provide for attorney's fees. Fluker v. Helena-West Helena Pub. Sch. Dist., 2012 Ark. 327 (2012).

Voting Rights Act.

School district, which filed a complaint requesting entry of an order stating that the school district was in compliance with the Voting Rights Act of 1965 (52 U.S.C. § 10301 et seq.) and therefore did not have to elect by single-member zones as required by this section, lacked standing to bring an action under the federal act. Conway Sch. Dist. v. Wilhoit, 854 F. Supp. 1430 (E.D. Ark. 1994).

Cited: Harvell v. Blytheville Sch. Dist. No. 5, 126 F.3d 1038 (8th Cir. 1997); Helena-West Helena Sch. Dist. v. Fluker, 371 Ark. 574, 268 S.W.3d 879 (2007).

6-13-632. Adequate meeting facilities required.

  1. The board of directors of schools with an average daily membership of at least twenty-five thousand (25,000) shall hereafter hold all school district board of director meetings and public hearings in facilities that will adequately accommodate individuals with disabilities and the number of patrons anticipated to attend.
  2. If a single room is not large enough or adequate to accommodate individuals with disabilities and the number of patrons who attend, the board of directors shall utilize closed-circuit television or other means which will assure full participation by all in attendance.

History. Acts 1993, No. 891, § 1.

A.C.R.C. Notes. Pursuant to Acts 2007, No. 515, § 1, the term “the disabled” in this section has been replaced with “individuals with disabilities”.

6-13-633. [Repealed.]

Publisher's Notes. This section, concerning vacancy created when school board member no longer lives in district, was repealed by 2015, No. 843, § 5. The section was derived from Acts 1999, No. 898, § 1. For current law, see § 6-13-611.

6-13-634. School district board of directors — Size.

    1. A school district shall have a board of directors with five (5) members or seven (7) members.
    2. A school district may have a board of directors with nine (9) members if the school district has an average daily membership of twenty thousand (20,000) or more.
    1. Subsection (a) of this section does not apply to those school districts that have a board of directors of seven (7) members, or in the case of a school district having an average daily membership of twenty thousand (20,000) or more, and having chosen to elect nine (9) members, if the school district is operating under a court order or a consolidation agreement that provides for a board of directors.
    2. Except as otherwise provided by law, a school district that elects its directors from single-member zones is subject to the requirements of this section.
    1. A school district board of directors shall not have an even number of directors.
    2. No less than ninety (90) days before the next annual school election, a school district seeking to increase or decrease the number of its directors shall file a petition with the State Board of Education to establish the requisite odd number of directors.
    3. The school district shall publish notice of the filing of the petition within ten (10) days thereafter for one (1) insertion in a newspaper having a general circulation in the school district.
    4. Upon a showing that the increase or decrease will be for the benefit of the school district petitioning for it, the State Board of Education may enter an order to increase or decrease the number of directors for the school district to a number of directors provided under subsection (a) of this section.
    5. The order directing an increase or decrease shall be entered not more than sixty (60) days after the publication of the notice under subdivision (c)(3) of this section.
    6. If the number of members of a board of directors is decreased under this section, the board of directors in office on August 12 before the next regular school election shall draw lots to determine which board positions will be eliminated.
  1. Any change in the number of directors serving on a school district board of directors under this section is effective upon the directors' taking office following the next regular annual school election.

History. Acts 1999, No. 1078, § 29; 2005, No. 2151, § 13; 2013, No. 1155, § 11; 2019, No. 824, §§ 1, 2.

Amendments. The 2013 amendment added (b)(2); substituted “A school district board of directors shall not” for “No board of directors shall” in (c)(1); substituted “a school district seeking to increase or decrease the number of its directors shall” for “any school district with an even number of directors shall” in (c)(2); inserted (c)(3) through (c)(5); in (c)(6), substituted “is decreased under this section” for “needs to be reduced to create an odd number of directors” and “before the next regular school election” for “2005”; in (d), substituted “a school district” for “the local school” and “next regular” for “2005”; and made stylistic changes.

The 2019 amendment rewrote (a); and substituted “membership of twenty thousand (20,000) or more, and having chosen to elect nine (9) members, if the school district” for “attendance of twenty-four thousand (24,000) or more, nine (9) members, if that school district” in (b)(1).

6-13-635. School board review and approval of salary increases — Definition.

  1. As used in this section, “salary increase” means an increase in the salary paid to a school district employee for performing substantially the same job functions as the employee performed before receiving the salary increase.
      1. A school district board of directors shall review and approve by a written resolution an increase in salary of five percent (5%) or more for a school district employee.
      2. The resolution shall include the reasons for the salary increase, which may include without limitation:
        1. A bonus that is not added to the employee's salary;
        2. An incentive bonus provided:
          1. For National Board for Professional Teaching Standards certification under § 6-17-413; (b) To a certified speech-language pathologist under § 6-17-413; (c) For teacher recruitment or retention in high-priority school districts under § 6-17-811; (d) To a master principal under § 6-17-1603; or (e) Under another specific provision of law; or
        3. An increase in salary received as a result of the school district employee moving into a new position with substantially different job functions.
      1. The school district shall provide a certified copy of the written resolution required under this subsection to the auditor who conducts the annual financial audit of the school district.
      2. Within thirty (30) days following the date of an audit report in which an auditor notes noncompliance under this section, the school district shall provide a copy of the audit report to the Division of Elementary and Secondary Education.
      3. Annually by October 1, the division shall:
        1. Compile a list of the reports of noncompliance received under this section; and
        2. Provide the list to the House Committee on Education and the Senate Committee on Education.

History. Acts 2013, No. 1120, § 1; 2019, No. 910, §§ 1117, 1118.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(2)(B); and substituted “division” for “department” in the introductory language of (b)(2)(C).

Subchapter 7 — School District Treasurer

Effective Dates. Acts 1943, No. 269, § 9: Mar. 18, 1943. Emergency clause provided: “Because of the confusion that has arisen in ascertaining the true financial condition of many of the larger school districts in the state, and because of the inability of the officials of said school districts to ascertain the true financial condition of such districts, resulting in such districts often exceeding their revenue; Therefore, an emergency is hereby declared to exist, and this act, being necessary for the preservation of public peace, health, and safety, shall take effect and be in full force from and after its passage and approval.”

Acts 1999, No. 1078, § 92: July 1, 2000.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-13-701. Powers and duties — Definition.

  1. The board of directors of any school district in Arkansas is authorized to appoint a treasurer to handle the funds of the school district.
  2. The treasurer shall be appointed at a regular meeting of the board of directors.
  3. An executed certificate of appointment shall be filed with the county clerk, the county treasurer, and the Secretary of the Department of Finance and Administration.
  4. School district treasurers shall execute a surety bond in such amount as may be required by the secretary, who shall approve the bond. The premium on the bond shall be paid out of the funds of the school district.
  5. The duties of the school district treasurer shall be as follows:
      1. To receive and disburse funds of the school district. Disbursements of such funds shall be made only upon:
        1. Checks or warrants signed by the disbursing officer of the school district board of directors and by the superintendent of the school district; or
        2. The electronic transfer of funds if the electronic transfer is:
          1. Initiated by the school district; and
          2. Authorized in writing by both the disbursing officer of the board of directors and the superintendent of the school district.
      2. As an evidence of authority for disbursement of any funds, the school district treasurer shall have on hand approved:
        1. Invoices;
        2. Payrolls that conform with written contracts on file in his or her office; and
        3. Other appropriate documentation that indicates an authority for disbursement;
    1. To keep a record of all financial transactions of the school district on forms approved by the Division of Elementary and Secondary Education and Arkansas Legislative Audit;
    2. To make a monthly statement to the school district board of directors of the financial condition of the school district;
    3. To submit an annual statement of the affairs of the school district to the school district board of directors in July of each year;
    4. To make such financial reports to the division as are required by law;
    5. To not be interested directly or indirectly in any contract authorized by the school district board of directors;
    6. To make his or her records available at all times for inspection by any taxpayer of the school district; and
    7. To perform all duties now imposed by law upon the treasurer of a school district and to be subject to all regulations or rules.
      1. All local taxes of the school district shall be remitted to the county treasurer by the county collector.
      2. The county treasurer shall remit the funds in a timely manner to the school district treasurer in those school districts maintaining a school district treasurer.
    1. The school district treasurer shall issue duplicate receipts for all funds he or she receives. The original shall be transmitted to the party making the remittance, and the duplicate shall be kept by the school district treasurer.
    1. As used in this section, “activity funds” means those funds whose sources of revenues are from:
      1. The sale of tickets to athletic contests or other school-sponsored activities;
      2. The sale of food, except that which is sold in the lunchroom;
      3. The sale of soft drinks, school supplies, and books; and
      4. Fees charged by clubs and organizations.
      1. All school districts may maintain activity funds and school service funds at the school.
      2. All activity funds and school food service funds shall be maintained and accounted for in accordance with guidelines and procedures established by the division.
      3. The superintendent of the school maintaining activity funds and school food service funds shall be the official custodian of all activity funds and school service funds and shall be responsible and accountable for the funds.
      4. By resolution adopted by a majority vote of the local school district board of directors, the superintendent may appoint another school employee to be the cocustodian of any or all activity funds and school food service funds.
      5. The cocustodian shall also be responsible and accountable for activity funds and school food service funds maintained by the cocustodian.
  6. The county treasurer shall receive as commission for handling the funds of such school districts only one-fourth of one percent (0.25%) of all funds passing through his or her hands on which county treasurers are authorized by law to charge commissions.
  7. The records of the school district treasurers shall be audited by Arkansas Legislative Audit annually in the same manner as now provided for the auditing of county officials.
  8. The fraudulent use by the school district treasurer of any funds of the school district or by any school district board members shall constitute a Class C felony. Upon conviction, such person shall be ordered to pay in restitution an amount double the amount involved.

History. Acts 1943, No. 269, §§ 1-7; A.S.A. 1947, §§ 80-521 — 80-527; Acts 1987, No. 764, § 2; 1993, No. 294, § 7; 1995, No. 233, § 2; 1999, No. 1078, § 40; 2005, No. 1994, § 418; 2009, No. 376, § 7; 2011, No. 989, § 4; 2019, No. 315, § 190; 2019, No. 910, §§ 1119-1122.

A.C.R.C. Notes. The operation of subsection (d) of this section was suspended by adoption of a self-insured fidelity bond program for public officers, officials and employees, effective July 20, 1987, pursuant to § 21-2-701 et seq. The subsection may again become effective upon cessation of coverage under that program. See § 21-2-703.

Amendments. The 2009 amendment redesignated the text in (f)(1); and inserted “county” preceding “collector” in (f)(1)(A).

The 2011 amendment subdivided (e)(1); rewrote (e)(1)(A)(i); inserted (e)(1)(A)(ii); substituted “the school district treasurer” for “he or she” in (e)(1)(B); and added (e)(1)(B)(iii).

The 2019 amendment by No. 315 added “or rules” in (e)(8).

The 2019 amendment by No. 910 substituted “Secretary” for “Director” in (c); substituted “secretary” for “director” in (d); and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (e)(2), (e)(5), and (g)(2)(B).

6-13-702. [Repealed.]

Publisher's Notes. This section, concerning districts with more than 5,500 pupils and annual budget exceeding $250,000, was repealed by Acts 1995, No. 233, § 21. The section was derived from Acts 1947, No. 363, §§ 1-6; A.S.A. 1947, §§ 80-528 — 80-533; Acts 1987, No. 764, § 1.

6-13-703. [Repealed.]

Publisher's Notes. This section, concerning continuance of existing treasurer positions, was repealed by Acts 1993, No. 294, § 7. The section was derived from Acts 1931, No. 205, §§ 1, 2; Pope's Dig., §§ 11738, 11739; A.S.A. 1947, §§ 80-519, 80-520.

Subchapter 8 — Educational Compacts Generally

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-13-801. Authorization.

  1. Any two (2) or more school districts in this state are authorized to enter into compacts, as authorized by this subchapter, to share or provide educational facilities, resources, and opportunities, including without limitation alternative educational programs, secondary area vocational centers, and community-based education programs that the boards of directors of the compacting school districts determine may be better and more efficiently provided by such compact agreements rather than by each school district acting in its individual capacity.
  2. If all of the school districts that have entered into a compact are within the service area of the same education service cooperative, that education service cooperative is also authorized to enter into the compact.
  3. The members of the compact may jointly enter into lease agreements for the purpose of renting facilities.

History. Acts 1961, No. 22, § 1; A.S.A. 1947, § 80-439; Acts 1999, No. 1554, § 1.

6-13-802. Provisions.

Compacts entered into under the provisions of this subchapter shall:

  1. Be in writing and specify the effective date thereof, the duration thereof, and provisions for termination of the compact, if any, desired by the compacting school districts;
  2. Include a description of the buildings, facilities, equipment, teachers, or other educational facilities or opportunities to be shared or provided under the compact agreement;
  3. Prescribe the method of financing the compact agreement, including the charges or allowances of each participating school district, the method of apportioning such finances, and such other requirements as may be necessary to establish the financial rights and obligations of each participating school district under the compact;
  4. Specify the rights and obligations of each school district upon termination of the compact agreement or upon withdrawal of any member school district from the compact agreement;
    1. Provide for the administration of the compact agreement by a compact board consisting of the president and secretary of each member school district and such additional members as the compact agreement may provide.
    2. All members of the compact board shall be members of the boards of directors of the participating compact school districts; and
  5. Contain such other provisions or limitations not inconsistent with this subchapter as may be necessary to accomplish the purpose of the compact agreement.

History. Acts 1961, No. 22, § 2; A.S.A. 1947, § 80-440.

6-13-803. Approval by school district board of directors.

  1. Before any compact shall become binding upon any member school district, the board of directors of each school district shall approve, by majority action of the entire membership, a resolution approving the compact agreement and the participation of the school district therein as specified in the provisions of the compact agreement.
  2. Before entering into any compact agreement under this subchapter, the board of directors of each member school district shall, by majority action of the members thereof, make a finding that the educational opportunities and services to be rendered or received by the school district and the cost thereof to the school district under the proposed compact are necessary, reasonable, and justified expenses of the school district.

History. Acts 1961, No. 22, § 3; A.S.A. 1947, § 80-441.

6-13-804. Approval by State Board of Education.

All compacts entered into under this subchapter shall be first submitted to and approved by the State Board of Education before the compacts shall become effective.

History. Acts 1961, No. 22, § 4; A.S.A. 1947, § 80-442.

6-13-805. Amendments, alterations, and changes.

Amendments, alterations, or changes in compact agreements may be made by the same methods and procedures as are provided in this subchapter for the establishment of compact agreements.

History. Acts 1961, No. 22, § 5; A.S.A. 1947, § 80-443.

6-13-806. Indebtedness and pledge of millage.

Nothing in this subchapter shall be construed to authorize any school district to incur bonded indebtedness and pledge millage rates for the acquisition of lands or the construction of buildings in any school district other than within the school district so incurring that indebtedness and pledging that millage.

History. Acts 1961, No. 22, § 6; A.S.A. 1947, § 80-444.

6-13-807. Student residence unchanged.

Children educated under compact agreements shall, for educational purposes, be considered as attending the school district of their residence.

History. Acts 1961, No. 22, § 7; A.S.A. 1947, § 80-445.

6-13-808. The Arkansas Traveling Teacher Program.

  1. The Arkansas Traveling Teacher Program is hereby established and shall be administered by the Division of Elementary and Secondary Education with the assistance of public school districts and education service cooperatives.
    1. Pursuant to the provisions of this section, and to the extent sufficient funding is available, the following persons and public school districts may enter into an agreement to provide traveling teacher services for one (1) or more receiving school districts for one (1) or more courses required by the Standards for Accreditation of Arkansas Public Schools and School Districts and any advanced placement courses required by § 6-16-1204:
      1. A traveling teacher who is appropriately licensed in Arkansas as a teacher and employed on a full-time equivalent basis by a host school district;
      2. A host school district that is an Arkansas public school district with a student population of eight thousand (8,000) students or fewer and that desires to provide traveling teacher services to a receiving school district; and
      3. A receiving school district that is a public school district other than the host school district and that desires to receive traveling teacher services.
    2. The parties shall enter into a written agreement, in the form established by the division, that shall include without limitation the following:
      1. That the traveling teacher is to provide professional teaching services to the receiving school district for one (1) or more required courses;
      2. The amount of the bonus to be provided to the traveling teacher under subdivision (c)(1)(A) of this section;
      3. For each course to be taught under the agreement:
        1. A description of the course;
        2. The time and day for teaching each course; and
        3. The exact location where the course will be taught;
        1. Whether the agreement is for a school semester or a school year.
        2. No agreement shall be for a time period longer than a school year or shorter than a school semester;
        1. That the receiving school district will reimburse the host school district for the time the traveling teacher is not working in the host school district.
        2. The reimbursement shall be the receiving school district's pro rata share of the traveling teacher's time based on the hourly rate of the traveling teacher's contract with the host school district;
      4. That at all times during the period of the agreement, the traveling teacher is an employee of the host school district and is subject to the personnel policies and contractual obligations of the host school district; and
        1. That sufficient time will be allowed for the traveling teacher to travel to and from the host school district and the receiving school district.
        2. The division shall not approve an agreement under this section unless the agreement requires the traveling teacher to be physically present in the receiving school district while the traveling teacher is teaching any course specified in the agreement.
    3. The agreement shall be reviewed and approved by the division under subsection (f) of this section.
  2. To the extent the agreement is approved by the division:
      1. Upon completion of the traveling teacher's services provided under the agreement and under the terms of the agreement, the host school district shall pay the traveling teacher, in addition to the amount required by the teacher's annual teacher's contract with the host school district a bonus of either:
        1. Two thousand dollars ($2,000) for a semester agreement; or
        2. Four thousand dollars ($4,000) for a full school year agreement.
      2. The division shall reimburse the host school district for the amount of bonus paid to the traveling teacher; and
      1. The host school district shall reimburse the traveling teacher for expenses related to travel to and from a receiving school district at the appropriate state rate of reimbursement in existence and approved by the Department of Finance and Administration for the school year in which the traveling teacher's services are provided.
      2. The division shall reimburse the host school district for the amount of travel reimbursement paid by the host school district to the traveling teacher.
  3. Neither the division nor the State of Arkansas shall be obligated or liable to reimburse any bonus or travel expenses incurred under an agreement for traveling teacher services under this section if the division has not reviewed and approved the entire agreement.
  4. The division may, if feasible and if funding is available, establish an online registry of public school teachers willing to enter into an agreement for traveling teacher services under this section with information concerning the teacher's employing school district and any course the teacher is qualified to teach.
    1. All proposed agreements among a host school district, a receiving school district, and a traveling teacher shall be submitted to the division by a date certain for review and approval by the division.
    2. The division shall review each agreement with all requisite authority to approve or deny the agreement based on the provisions of law, rule, availability of funding, and discretionary determination as to the best use of state resources and funding.
    3. The division shall endeavor to consider approval of an agreement to:
      1. Place a traveling teacher with a receiving school district to maximize the efficiency of the traveling teacher's service to both the host and receiving school districts; and
      2. Minimize the extent and duration of any travel required.
    1. The division shall establish any rules and agreement forms necessary for the administration of the Arkansas Traveling Teacher Program.
    2. In establishing the rules, the division shall:
      1. Prioritize the approval of agreements for traveling teacher services based on subject-area course needs;
      2. Establish appropriate travel limitations;
      3. Develop a method of equitable distribution of traveling teachers among the area's education service cooperatives; and
      4. Provide a means by which education service cooperatives may assist in facilitating traveling teachers.
  5. No provision of this section is intended or should be interpreted to waive any immunity or defense of the State of Arkansas or its various agencies, boards, or commissions and no person shall be deemed to have any legal entitlement, recourse, or cause of action against the State of Arkansas or its various agencies, boards, or commissions based on the terms, conditions, or provisions of this section.
  6. An agreement for traveling teacher services under this section is not governed by or subject to the provisions of The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.

History. Acts 2007, No. 1027, § 1; 2019, No. 910, §§ 1123-1130.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout the section.

Subchapter 9 — The Public School Educational Cooperative Act of 1981

Effective Dates. Acts 1981, No. 860, § 8: Mar. 28, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly that the establishment of voluntary educational cooperatives is vital to the educational system of the State and that it is necessary to specifically designate such cooperatives as intermediate units in order to eliminate duplicating efforts on the part of school districts, and that it is immediately necessary for this Act to go into effect to conserve funds for public education. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-13-901. Title.

The title of this subchapter shall be “The Public School Educational Cooperative Act of 1981”.

History. Acts 1981, No. 860, § 1; A.S.A. 1947, § 80-470.

6-13-902. Definitions.

As used in this subchapter:

  1. “Educational cooperative” means a voluntary association of school districts to share resources, personnel, materials, and equipment and to provide and improve services and programs to students; and
  2. “Public school district” means any public school district in the state serving students in a kindergarten through grade twelve (K-12) program or a grade one through twelve (1-12) program.

History. Acts 1981, No. 860, § 2; A.S.A. 1947, § 80-471; Acts 2017, No. 275, § 2.

Amendments. The 2017 amendment substituted “kindergarten” for “kindergarden” in (2).

Case Notes

Educational Cooperative.

Educational cooperative, unless covered by liability insurance for the damages alleged in a complaint against it, was immune from liability and from suit for damages under § 21-9-301 because it was an agency of a school district. Ark. River Educ. Servs. v. Modacure, 371 Ark. 466, 267 S.W.3d 595 (2007).

Cited: Allred v. Ark. Dep't of Corr. Sch. Dist., 322 Ark. 772, 912 S.W.2d 4 (1995).

6-13-903. Powers.

  1. Public school districts in the State of Arkansas are empowered to voluntarily agree to share programs, personnel, materials, and equipment for the purpose of enlarging curriculum or services or providing new services to students in their respective school districts.
  2. The educational cooperatives are empowered to receive state, local, and federal funds that have been assigned to the educational cooperatives by the member school districts and are also empowered to spend those funds on behalf of the school districts assigning those funds.
  3. The Division of Elementary and Secondary Education shall not distribute state equalization aid directly to any educational cooperative.

History. Acts 1981, No. 860, § 3; A.S.A. 1947, § 80-472; Acts 1999, No. 391, § 4; 2019, No. 910, § 1131.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c).

6-13-904. Agents for school districts.

  1. The educational cooperatives will act as an agency for all or some of the member school districts in dealings with other governmental and private agencies.
  2. The educational cooperatives will have the power to contract and handle funds for the member school districts under conditions specified in the agreement between the member school districts and federal law and regulations and state law and rule.

History. Acts 1981, No. 860, § 4; A.S.A. 1947, § 80-473; 2019, No. 315, § 191.

Amendments. The 2019 amendment substituted “federal law and regulations and state law and rule” for “federal and state law and regulation” in (b).

Case Notes

Immunity From Suit.

Educational cooperative, unless covered by liability insurance for the damages alleged in a complaint against it, was immune from liability and from suit for damages under § 21-9-301 because it was an agency of a school district. Ark. River Educ. Servs. v. Modacure, 371 Ark. 466, 267 S.W.3d 595 (2007).

6-13-905. Board of directors.

  1. Each educational cooperative will be governed by a board of directors consisting of one (1) representative appointed by the board of directors of each cooperating school district.
  2. The board of directors shall be empowered to hire a director and other employees and to contract for services, supplies, and equipment.
  3. Policies for the operation of the educational cooperative will be developed by the board of directors and be filed with the Division of Elementary and Secondary Education as required by law of school districts generally.

History. Acts 1981, No. 860, § 5; A.S.A. 1947, § 80-474; Acts 1999, No. 398, § 1; 2019, No. 910, § 1132.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c).

6-13-906. Rules and reports.

  1. The educational cooperative will:
    1. Abide by all rules of the Division of Elementary and Secondary Education which apply to school districts generally; and
    2. Make all reports as required by law and rule which apply to school districts generally to the division.
    1. Records of the expenditures and receipts of the educational cooperatives shall be kept in such manner and on such forms as may be specified by the division or the School Audit Section of Arkansas Legislative Audit.
    2. Reports on expenditures and receipts shall be made for the cooperative as a single agency or shall be made separately by the school districts to reflect the status of each member school district at such time and in such manner as specified by the division.

History. Acts 1981, No. 860, §§ 5, 6; A.S.A. 1947, §§ 80-474, 80-475; Acts 2019, No. 315, § 192; 2019, No. 910, § 1133.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (a)(1); and substituted “rule” for “regulation” in (a)(2).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “Division of Elementary and Secondary Education” for “department” in (a)(2), (b)(1), and (b)(2).

Subchapter 10 — The Education Service Cooperative Act of 1985

Cross References. Contributions and donations to educational service cooperatives deductible from state income tax, § 26-51-420.

Educational standards and quality generally, § 6-15-201 et seq.

Effective Dates. Acts 1985, No. 349, § 21: Mar. 14, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that Education Service Cooperatives, as provided for in this Act, are essential if needed improvements are to be made in the public school programs of this State and that immediate action is necessary if such Education Service Cooperatives are to be formed and ready for operation by the beginning of the 1985-86 school year. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the immediate preservation of the public welfare, shall be in full force and effect from and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

U. Ark. Little Rock L.J.

Legislative Survey, Education, 8 U. Ark. Little Rock L.J. 569.

6-13-1001. Title.

The title of this subchapter shall be “The Education Service Cooperative Act of 1985”.

History. Acts 1985, No. 349, § 1; A.S.A. 1947, § 80-489.

6-13-1002. Education service cooperatives established — Functions.

    1. The State Board of Education is authorized to establish a statewide system of not more than fifteen (15) multicounty education service cooperatives of school districts.
    2. Such education service cooperatives shall be intermediate service units in the state's elementary and secondary education system and as such shall be eligible to receive and expend funds from state and federal governments, school districts, and other public or private sources.
  1. Education service cooperatives established by this subchapter will provide to school districts which choose to use them assistance in:
    1. Meeting or exceeding accreditation standards and equalizing educational opportunities;
    2. Using educational resources more effectively through cooperation among school districts; and
    3. Promoting coordination between school districts and the Division of Elementary and Secondary Education in order to provide services which are consistent with the needs identified by school districts and the educational priorities of the state as established by the General Assembly or the state board.

History. Acts 1985, No. 349, § 2; A.S.A. 1947, § 80-489.1; Acts 2019, No. 910, § 1134.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(3).

Case Notes

Immunity.

An education service cooperative created pursuant to this subchapter was not entitled to sovereign immunity. Ozarks Unlimited Resources Coop. v. Daniels, 333 Ark. 214, 969 S.W.2d 169 (1998).

Educational cooperative, unless covered by liability insurance for the damages alleged in a complaint against it, was immune from liability and from suit for damages under § 21-9-301 because it was an agency of a school district. Ark. River Educ. Servs. v. Modacure, 371 Ark. 466, 267 S.W.3d 595 (2007).

6-13-1003. Boundaries — Adjustments.

  1. The State Board of Education shall establish tentative boundaries for the system of education service cooperatives authorized by this subchapter.
  2. These education service cooperatives shall be established so that:
    1. They include at least three (3) but no more than nine (9) counties;
    2. They include at least ten (10) but no more than thirty-five (35) school districts;
    3. They include at least twenty thousand (20,000) pupils in kindergarten through grade twelve (K-12) average daily membership;
    4. They include at least one (1) postsecondary education institution; and
    5. There is no more than fifty (50) miles distance or approximately one (1) hour driving time to the area's main offices for ninety percent (90%) of the school districts.
    1. The state board may make adjustments in the boundaries when criteria such as minimum average daily membership and maximum driving distances conflict.
    2. However, no more than four (4) of the areas formed may contain fewer than twenty thousand (20,000) students.
    3. In no case shall any education service cooperative be established with fewer than twelve thousand (12,000) pupils.

History. Acts 1985, No. 349, § 3; A.S.A. 1947, § 80-489.2; Acts 2011, No. 981, § 3.

Amendments. The 2011 amendment substituted “kindergarten” for “kindergarden” in (b)(3).

6-13-1004. Requests for establishment of education service cooperative — Requirements.

  1. Education service cooperatives shall be established when seventy-five percent (75%) of the school districts in a proposed education service cooperative area request such action by formal resolutions filed by the school district boards of directors with the Commissioner of Education.
  2. Each resolution shall, in addition to requesting establishment of an education service cooperative, indicate by name or position that school district's representative on the board of directors of the proposed education service cooperative.
  3. Requests must be filed by seventy-five percent (75%) of the school district boards of directors by May 1 if an education service cooperative is to be established for the following school year.

History. Acts 1985, No. 349, § 4; A.S.A. 1947, § 80-489.3.

6-13-1005. Alteration of boundaries.

  1. The State Board of Education, upon the request of one (1) or more school district boards of directors, and consistent with the provisions of § 6-13-1003, may alter the boundaries of a proposed or operational education service cooperative when it determines such alteration to be in the best interest of the school districts in the education service cooperatives involved.
  2. Consistent with § 6-13-1003, a member of an education service cooperative formed after January 1, 1984, under The Public School Educational Cooperative Act of 1981, § 6-13-901 et seq., may not be moved to another education service cooperative without that member's consent.

History. Acts 1985, No. 349, § 5; A.S.A. 1947, § 80-489.4; Acts 2009, No. 376, § 8.

Amendments. The 2009 amendment rewrote (b).

6-13-1006. Board of directors.

  1. Each education service cooperative shall be governed by a board of directors consisting of one (1) representative appointed by each school district board of directors within the boundary of the education service cooperative.
  2. No school district may have official representation on more than one (1) education service cooperative board of directors.
  3. The board of directors of each established education service cooperative shall:
    1. Function as a public corporate body;
    2. Meet except as otherwise provided in § 6-13-1007, at least eight (8) times each year; and
    3. Exercise general fiduciary responsibilities for the education service cooperative with regard to policies and practices which guard the integrity of the agency and maintain public trust in its operation.
  4. Such responsibilities, consistent with funds available, shall include, but not be limited to:
    1. Employment of a director of the education service cooperative who shall serve as the nonvoting executive officer of the board of directors;
    2. Establishment of policies and procedures for the operation and management of the education service cooperative, which shall be in written form and shall be filed with the State Board of Education;
    3. Preparation of an annual budget estimating income and expenditures for programs and services in accordance with procedures established by the state board;
    4. Receipt and expenditure of funds needed to provide programs and services in the area;
    5. Making such surveys or other inquiries which may be required to determine the service needs of school districts in the education service cooperative and developing plans to provide such needed services;
    6. Employment, upon the recommendation of the director of the education service cooperative, of such personnel as may be required to provide the services requested by the school districts in the area;
    7. Implementation of policies established by the state board for the operation of education service cooperatives;
    8. Cooperation with other education service cooperatives, school districts, and other agencies to provide programs and services for children and adults residing within their respective areas;
    9. For facilities and buildings as may be required to provide authorized programs and services:
      1. Renting, leasing, purchasing, constructing, or receiving by gift;
      2. Borrowing from the revolving loan fund under § 6-20-818; or
      3. Borrowing from other sources for limited or unusual circumstances upon approval of the Commissioner of Elementary and Secondary Education and the Secretary of the Department of Finance and Administration; and
    10. Carrying out such other duties as may be required for the efficient operation of the education service cooperative for which the board of directors is responsible.

History. Acts 1985, No. 349, § 10; A.S.A. 1947, § 80-489.9; Acts 1999, No. 398, § 2; 2005, No. 1181, § 1; 2017, No. 741, § 1; 2019, No. 910, § 3365.

Amendments. The 2017 amendment substituted “For” for “Renting, leasing, purchasing, constructing, or receiving by gift such” in (d)(9); and added (d)(9)(A) though (d)(9)(C).

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” and “the Secretary” for “Director” in (d)(9)(C).

Case Notes

Cited: Ozarks Unlimited Resources Coop. v. Daniels, 333 Ark. 214, 969 S.W.2d 169 (1998).

6-13-1007. Executive committee.

    1. In a meeting, with a majority of its members present and voting, the board of directors of an education service cooperative may elect from its membership an executive committee of seven (7), nine (9), or eleven (11) members.
    2. Candidates for the executive committee, if one is formed, shall be chosen so that the school districts within the education service cooperative are equitably represented.
    3. All subsequent members of the executive committee shall be elected by a majority vote of the board of directors in attendance at the annual meeting.
  1. The function of the executive committee shall be to carry out those duties delegated to it by the governing board of directors, the provisions of § 6-13-1006 notwithstanding.
  2. Terms of executive committee members shall be three (3) years except for the initial members which shall have terms assigned by lot so as to stagger terms to equalize as nearly as possible the number of members to be elected each year. Vacancies occurring after the annual meeting shall be filled by the executive committee until the next annual meeting.
  3. Should an executive committee be established in any education service cooperative, it shall meet at least nine (9) times per year, and the requirements for board of directors meetings shall be reduced to three (3) times annually. The president of the board of directors shall serve as chair of the executive committee. No person, however, may serve in this position for more than two (2) consecutive years.

History. Acts 1985, No. 349, § 11; A.S.A. 1947, § 80-489.10.

6-13-1008. Teacher center — Teacher center committee.

  1. Each education service cooperative shall establish a teacher center which will provide, consistent with funds available, curriculum development assistance, educational materials, and staff development services to teachers within the school districts in the service area.
  2. A teacher center committee, composed of at least one (1) representative from the staff of each school district, shall advise the director and the governing body on the staffing, programs, and operation of the teacher center.
  3. The governing body of each cooperative shall determine the initial composition of the teacher center committee to achieve a balance of elementary, middle school or junior high, and high school personnel and assure that at least one-half (½), but not more than two-thirds (2/3), of the members are classroom teachers.
  4. All positions on the committee shall be assigned to school districts by lot.
  5. Each teacher must be elected by colleagues in his or her school district, and each administrator or support person shall be appointed by the superintendent.
  6. Initial terms shall be determined by lot for equal or nearly equal periods of one (1), two (2), and three (3) years.
  7. Thereafter, terms shall be for three (3) years.
  8. The committee shall meet at least three (3) times per year.
  9. In the last meeting each year, positions represented by expiring terms shall be reassigned by lot.

History. Acts 1985, No. 349, § 12; A.S.A. 1947, § 80-489.11.

6-13-1009. Cooperative committees generally.

Each education service cooperative may establish other committees of local school personnel needed to keep its programs responsive to the schools it serves.

History. Acts 1985, No. 349, § 13; A.S.A. 1947, § 80-489.12.

6-13-1010. Director.

  1. Each education service cooperative shall be administered by a director who shall perform the following duties:
    1. Administer the programs and services of the education service cooperative;
    2. Recommend the employment of professional and nonprofessional personnel authorized by the education service cooperative's governing body;
    3. Prepare the budget for adoption by the education service cooperative's governing body;
    4. Direct expenditures of funds within the budget; and
    5. Perform other duties as required by the education service cooperative's governing body and the policies and rules of the State Board of Education.
  2. The director of each education service cooperative shall:
    1. Hold an administrator's license and meet all requirements to serve as a superintendent of schools in the State of Arkansas; or
    2. Have an equivalent level of education and administrative experience and obtain the approval of the state board.
  3. The governing body of any education service cooperative may enter into a contract with a director for a period not to exceed three (3) years.

History. Acts 1985, No. 349, § 16; A.S.A. 1947, § 80-489.15; Acts 2009, No. 376, § 9; 2013, No. 1073, § 5; 2013, No. 1138, § 7; 2019, No. 315, § 193.

Amendments. The 2009 amendment inserted “state” in (b)(2).

The 2013 amendments by Nos. 1073 and 1138 substituted “license” for “certificate” in (b)(1).

The 2019 amendment substituted “and rules” for “rules, and regulations” in (a)(5).

6-13-1011. Personnel generally.

    1. Personnel of education service cooperatives shall be employed in accordance with laws, rules, and procedures applicable to the school districts of this state.
    2. In lieu of a salary schedule, an education service cooperative annually may submit to the Division of Elementary and Secondary Education a complete listing of all employees of the education service cooperative and each employee's position, salary, and benefits.
  1. License requirements shall be the same as those expected of persons holding similar positions in local school districts.
  2. Termination or contract nonrenewal of education service cooperative personnel shall be as provided by law for the school district personnel.

History. Acts 1985, No. 349, § 17; A.S.A. 1947, § 80-489.16; Acts 2009, No. 1289, § 1; 2013, No. 1073, § 6; 2013, No. 1138, § 8; 2019, No. 315, § 194; 2019, No. 910, § 1135.

A.C.R.C. Notes. Pursuant to § 1-2-207, this section is set out above as amended by Acts 2013, No. 1138. Acts 2013, No. 1073, amended (b) to read as follows:

“(b) Licensure requirements shall be the same as those expected of persons holding similar positions in local school districts.”

Amendments. The 2009 amendment added (a)(2).

The 2013 amendment by No. 1138 substituted “License” for “Certificate” in (b).

The 2019 amendment by No. 315 deleted “regulations” following “rules” in (a)(1).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(2).

6-13-1012. Agency personnel.

With the approval of an education service cooperative's governing body, the Commissioner of Elementary and Secondary Education may assign state educational agency personnel to that education service cooperative.

History. Acts 1985, No. 349, § 14; A.S.A. 1947, § 80-489.13; Acts 2019, No. 910, § 1136.

Amendments. The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “directors in the Department of Education”.

Case Notes

Cited: Ozarks Unlimited Resources Coop. v. Daniels, 333 Ark. 214, 969 S.W.2d 169 (1998).

6-13-1013. Policies and rules.

  1. The State Board of Education shall develop such policies and rules as may be needed for the proper administration of this subchapter consistent with the need to support and assist education service cooperatives in the delivery of services to school districts and with prudent use of available human and financial resources.
  2. The policies and rules shall include without limitation:
    1. The rules governing the operation of an education service cooperative within appropriate state and federal laws;
    2. Guidelines for settling possible disputes between school districts and in equity or jurisdictional matters relating to shared assets and services;
    3. The obligation of an education service cooperative board of directors for overseeing administrative and program expenditures; and
    4. The fiscal distress status of an education service cooperative under §§ 6-13-1027 — 6-13-1031.

History. Acts 1985, No. 349, § 14; A.S.A. 1947, § 80-489.13; Acts 2009, No. 1289, § 2; 2019, No. 315, § 195.

Amendments. The 2009 amendment rewrote (b).

The 2019 amendment substituted “and rules” for “rules, and regulations” in (a).

6-13-1014. Sharing and coordination of activities — Liaison.

  1. The Division of Elementary and Secondary Education shall encourage sharing and coordination of activities among the education service cooperatives.
  2. The Commissioner of Elementary and Secondary Education shall name a person to serve as liaison between the division and the education service cooperatives.
  3. This liaison shall provide information on resources and programs and be the general contact person in the division for the education service cooperatives.

History. Acts 1985, No. 349, § 14; A.S.A. 1947, § 80-489.13; Acts 2019, No. 910, § 1137.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b); and substituted “division” for “department” in (b) and (c).

6-13-1015. Liaison with postsecondary institutions.

  1. Each education service cooperative, in carrying out its programs and services, shall cooperate with the various state-supported postsecondary educational institutions located within its area.
  2. Each such postsecondary institution, within the availability of funds and personnel, shall establish liaison with the education service cooperatives in its service area and assist them in all practical ways.

History. Acts 1985, No. 349, § 15; A.S.A. 1947, § 80-489.14.

6-13-1016. Annual surveys and needs assessments.

  1. Each education service cooperative shall conduct annual surveys and needs assessments to assist the education service cooperative in its first priority of helping school districts improve their educational programs and practices.
  2. Such activities may include written surveys, visits to schools to meet with local personnel, and other means to identify local needs throughout the service area.
  3. Each education service cooperative shall work with the Division of Elementary and Secondary Education to conduct statewide surveys which complement, rather than duplicate, the work of the division.
  4. The objective shall be to obtain statewide, area, and local data with as little duplication as possible.

History. Acts 1985, No. 349, § 7; A.S.A. 1947, § 80-489.6; Acts 2019, No. 910, § 1138.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” and “division” for “department” in (c).

6-13-1017. Programs and services.

  1. The programs and services of each education service cooperative shall be based upon the needs of the school districts included in its service area and upon the educational priorities of the state.
  2. Each education service cooperative shall provide a teacher center as its basic curriculum and staff development capability.
  3. Education service cooperatives may provide shared educational programs and services such as needs assessment and school improvement planning, staff development, curriculum development, itinerant teachers, instructional materials, adult and vocational education, programs for gifted and talented, education for children with disabilities, alternative educational programs, secondary area vocational centers, community-based education programs, and other services which the State Board of Education may approve or which school districts may support with local funds.

History. Acts 1985, No. 349, § 8; A.S.A. 1947, § 80-489.7; Acts 1993, No. 294, § 7; 1999, No. 1554, § 2.

6-13-1018. Participation of local school districts — Contracts.

  1. Each school district within the service area of the education service cooperative shall be entitled to participate in those programs and services which are fully supported by state funds.
  2. No school district shall be required to participate in any service.
  3. School districts may enter into contracts with the education service cooperative for services supported partially or completely by local school funds.
  4. School districts within one (1) education service cooperative may also contract for services with another education service cooperative.

History. Acts 1985, No. 349, § 9; A.S.A. 1947, § 80-489.8.

6-13-1019. Funding of education service cooperatives.

  1. The state shall provide funds to support the basic structure of the education service cooperatives established under the provisions of this subchapter.
  2. This structure shall include:
    1. Salaries and fringe benefits for a director, a teacher center coordinator, and support staff;
    2. Costs such as travel, utilities, rent, equipment, and supplies;
    3. Funds to support staff and curriculum development activities; and
    4. Funds in an annual amount not to exceed twenty-five thousand dollars ($25,000) for the travel expenses of itinerant personnel employed by the education service cooperative to serve the part-time needs of local school districts.
  3. School districts may contract with their education service cooperative for services and part-time personnel to be supported in whole or in part by local funds, but no school district shall be assessed a membership fee.
  4. Categorical state or federal funds may also be assigned to any education service cooperative upon approval of its governing body and under conditions set by the State Board of Education.
  5. As a public agency, each education service cooperative shall be eligible to receive and expend public and private funds.

History. Acts 1985, No. 349, § 18; A.S.A. 1947, § 80-489.17.

6-13-1020. Policies and procedures — Expenditures, reports, and audits.

  1. On or before August 31 of each year, each education service cooperative shall file with the State Board of Education for the state board's approval:
    1. The policies and procedures of the education service cooperative, including without limitation the board of directors' policies and procedures for overseeing the administrative and program expenditures of the education service cooperative;
    2. A record of the education service cooperative's employment policies and practices for the year that includes without limitation:
      1. The race and sex of each person the education service cooperative employed or terminated during the year;
      2. The race and sex of every person who sought employment with the education service cooperative during the year; and
      3. The name of each person employed by the education service cooperative during the year who is related by blood or marriage to another employee or board member of the education service cooperative; and
      1. A report of its receipts and expenditures made in accordance with uniform accounting procedures adopted by the Commissioner of Elementary and Secondary Education.
      2. The report shall contain without limitation:
        1. An itemization of administrative and program expenditures; and
        2. The result of the board of directors' review of the expenditures made under its oversight function.
  2. The Division of Elementary and Secondary Education may prescribe the forms and procedures for filing the information required by subsection (a) of this section.
  3. Each education service cooperative is subject to an annual audit by the Legislative Joint Auditing Committee.
      1. In an annual meeting of the board of directors which must convene between May 15 and July 15, each education service cooperative shall report to its constituent school districts on the year's operations.
      2. The report also shall include information on fiscal distress under § 6-13-1027.
    1. The education service cooperative shall supplement its report with written reports to each school district and to the division on a school-by-school, service-by-service accounting basis.
  4. Following the end of each fiscal year, any balances in particular service accounts must be apportioned and returned to the schools involved or credited to their accounts for the following year.

History. Acts 1985, No. 349, § 19; A.S.A. 1947, § 80-489.18; Acts 1989, No. 610, § 1; 2009, No. 1289, § 3; 2019, No. 910, §§ 1139-1141.

Amendments. The 2009 amendment rewrote the section.

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a)(3)(A); substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b); and substituted “division” for “department” in (d)(2).

6-13-1021. Evaluations — Performance rating.

  1. Each education service cooperative shall be evaluated during the 2012-2013 school year, and at least once within each five-year period, on a schedule established by the Commissioner of Elementary and Secondary Education, all active education service cooperatives must be visited by an evaluation committee of not more than nine (9) persons.
      1. Each evaluation shall include, but not be limited to, an investigation of user satisfaction, service adequacy, extent of local financial support, staff qualifications, and performance and administration effectiveness.
      2. The final evaluation, including any self-evaluation, shall be included in the annual report to the Division of Elementary and Secondary Education, § 6-13-1020, and made available on the website of the education service cooperative.
      1. The evaluation criteria shall be developed collaboratively between the division and the director of each education service cooperative.
      2. The evaluation criteria shall be fully implemented by September 1, 2012.
    1. The report of this committee shall be filed with the education service cooperative visited, with its constituent school districts, and with the State Board of Education.
    2. The state board shall acknowledge receipt of the report and comment on any deficiencies identified in the report that should be corrected for the education service cooperative to remain eligible for base funding.
    3. The report shall identify each education service cooperative as being in one (1) of the following category levels, based on the evaluation:
      1. “Level 5”, education service cooperative of excellence;
      2. “Level 4”, education service cooperative exceeding standards;
      3. “Level 3”, education service cooperative meeting standards;
      4. “Level 2”, education service cooperative on alert; or
      5. “Level 1”, education service cooperative in need of immediate improvement.
    1. The intent of this evaluation procedure is to provide a means for school districts to express their concerns about the operation of their education service cooperative and to ensure that each education service cooperative remains alert and responsive to the needs of the local schools it serves.
    2. An education service cooperative that receives a performance category level of Level 1 shall be reevaluated during the evaluation cycle the following year.
    3. For all education service cooperatives that receive a performance category level of Level 1 for two (2) consecutive years, the division shall:
      1. Withhold base funding to the education service cooperative; or
      2. Take over administration of the education service cooperative.
  2. The division shall promulgate rules necessary for implementing this section.
    1. For each evaluation, the commissioner shall appoint the committee and designate its chairperson.
    2. The committee shall include the following from outside the boundary of the education service cooperative being evaluated:
      1. A division staff member;
      2. A teacher;
      3. An administrator;
      4. A college staff member; and
      5. A present or former staff member of an area education service agency.
    3. In addition, the committee shall include from within the education service cooperative's area:
      1. A member of the school district board of directors;
      2. A representative of business and industry; and
      3. A school parent from each of two (2) school districts.
    4. Each education service cooperative shall pay the reasonable costs of its evaluation.

History. Acts 1985, No. 349, § 19; A.S.A. 1947, § 80-489.18; Acts 2009, No. 376, § 10; 2011, No. 739, § 1; 2019, No. 910, §§ 1142-1146.

Amendments. The 2009 amendment, in (c)(2), inserted “state” and “education service,” and made a minor stylistic change.

The 2011 amendment added “Performance rating” in the section head; added “Each education service cooperative shall be evaluated during the 2012-2013 school year and at least once” at the beginning of (a); added (b)(1)(B) and (b)(2); added (c)(1)(3); added (d)(2) and (3); added (e); and redesignated former (e) as (f).

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a); substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(1)(B) and (f)(2)(A); and substituted “division” for “department” in (b)(2)(A) and (e).

6-13-1022. Dissolution of education service cooperative.

  1. After 1990, the State Board of Education shall be authorized to dissolve any education service cooperative upon the request of a majority of its school district boards of directors or upon the recommendation of the evaluation committee provided for in § 6-13-1021.
  2. A dissolved education service cooperative's area shall be assigned to one (1) or more adjacent education service cooperatives, the provisions of § 6-13-1003 notwithstanding, with the dissolved education service cooperative's base funding apportioned to all remaining education service cooperatives in the state.
  3. After payment of debts, the assets of a dissolved education service cooperative shall be distributed to the school districts in its service area based on each school district's three-quarter average daily membership for the immediately preceding school year.

History. Acts 1985, No. 349, § 6; A.S.A. 1947, § 80-489.5; Acts 2005, No. 1181, § 2; 2015, No. 846, § 5.

Amendments. The 2015 amendment substituted “three-quarter average” for “third-quarter average” in (c).

6-13-1023. Technology training center — Technology coordinator.

  1. Consistent with funds available and upon a majority vote of the members present and voting, the board of directors of each education service cooperative established under this subchapter is authorized to establish a technology training center and employ a technology coordinator who has demonstrated expertise in computer technology and staff development.
  2. The duties of the technology coordinator at such technology training center shall include, but not be limited to, the following:
    1. To provide staff development for personnel of member schools;
    2. To assist member schools with determining technology needs and types of computer hardware and software necessary to meet those needs;
    3. To assist with technology system analysis and local network design;
    4. To provide member schools with information on technology standards and specifications;
    5. To develop and coordinate a technology training center located at the education service cooperative;
    6. To coordinate information with the Arkansas Public School Computer Network, the Instructional Microcomputer Project for Arkansas Classrooms, and the Governor's Technology Task Force so that member schools will be informed on technological activity in the state; and
    7. To assist with requests for proposal development and bid analysis so that member schools will be better able to spend funds for technology.

History. Acts 1995, No. 842, § 1.

6-13-1024. [Repealed.]

Publisher's Notes. This section, concerning the Cooperative Education Services Coordinating Council, was repealed by Acts 1999, No. 148, § 3. The section was derived from Acts 1997, No. 1362, § 34.

6-13-1025. Mathematics and science resource center — Mathematics and science coordinator.

  1. Consistent with funds available and upon a majority vote of the members present and voting, the board of directors of each education service cooperative established under this subchapter is authorized to establish a mathematics and science resource center and to employ a mathematics and science coordinator who has demonstrated expertise in mathematics and science content, in pedagogy, and in staff development.
  2. The duties of the mathematics and science coordinator at the mathematics and science resource center shall include, but not be limited to, the following:
    1. Providing mathematics and science staff development for and individual technical assistance to personnel of member schools;
    2. Assisting member schools with determining mathematics and science curricula, with instruction, and with assessment of needs and resources necessary to meet those needs;
    3. Enhancing curricula and instruction using technology;
    4. Providing member schools with information for curriculum alignment with mathematics and science standards and state frameworks;
    5. Developing and coordinating a mathematics and science resource center located at the education service cooperative; and
    6. Assisting with the development of requests for proposals for teacher enhancement in mathematics and science.

History. Acts 1997, No. 1283, § 1.

6-13-1026. Cooperatives qualify as local education agencies.

  1. The General Assembly designates that the education service cooperatives created by this subchapter meet the definition of “local education agencies” by virtue of the fact that each is a public authority, legally constituted within this state to perform a service function for a public elementary and secondary school in school districts and other political subdivisions of the state and to form a consortium of school districts which are recognized by the General Assembly as administrative agents for public elementary and secondary schools.
  2. This section intends to recognize the function of the cooperatives and to provide eligibility to cooperatives to receive state and federal funds upon written requests from the school districts.

History. Acts 2001, No. 1055, § 1.

6-13-1027. Fiscal distress — Definitions.

  1. As used in this section:
    1. “Fiscal integrity” means the education service cooperative's ability to comply completely, accurately, and timely with financial management, accounting, auditing, and reporting procedures required by state law and rule or federal law and regulations; and
    2. “Material” means that the act, omission, or violation jeopardizes the fiscal integrity of the education service cooperative.
  2. Any education service cooperative that meets one (1) or more of the following criteria may be identified by the Division of Elementary and Secondary Education as being in fiscal distress upon final approval of the State Board of Education:
      1. A declining balance that jeopardizes the fiscal integrity of the education service cooperative.
      2. The division shall not use capital outlay expenditures from the education service cooperative's balance for facilities to identify the education service cooperative as being in fiscal distress;
    1. A material failure to meet the education service cooperative's obligation to maintain the education service cooperative's facilities;
    2. A material violation of local, state, or federal law, state rule, or federal regulations relating to:
      1. Fire, health, or safety codes;
      2. Construction codes;
      3. Audit requirements; or
      4. Procurement, bidding, and purchasing requirements;
    3. A material failure to provide timely and accurate legally required financial reports to the division, Arkansas Legislative Audit, the General Assembly, or the Internal Revenue Service;
    4. A material failure to maintain sufficient funds to cover payroll, salary, employment benefits, or legal tax obligations;
    5. A material default on any debt obligation;
    6. A material discrepancy between budgeted and actual expenditures; or
    7. Any other fiscal condition of the education service cooperative that the division determines materially impacts the education service cooperative's delivery of education services.
    1. The division may identify an education service cooperative as being in fiscal distress at any time a fiscal condition of the education service cooperative is discovered to have a detrimental negative impact on the continuation of educational services provided by the education service cooperative.
      1. If the division identifies an education service cooperative as being in fiscal distress, the division shall notify the education service cooperative in writing of the identification of fiscal distress within ten (10) calendar days.
      2. The division shall identify in the notice each criteria for fiscal distress on which the division based the identification of fiscal distress.
      3. The division shall deliver the notice by certified mail, return receipt requested, and addressed to:
        1. The president of the education service cooperative's board of directors; and
        2. The director of the education service cooperative employed under § 6-13-1010.
  3. The identification of fiscal distress made by the division under this section may be appealed to the state board under § 6-13-1031 in which case the final order entered upon appeal is the final classification of fiscal distress.
  4. Within two (2) weeks following the date the education service cooperative receives the final classification by the state board of fiscal distress, the education service cooperative shall:
    1. Notify in writing each public school district in its service area that the education service cooperative is classified as being in fiscal distress; and
    2. File with the division a fiscal distress plan under § 6-13-1028.
  5. An education service cooperative that is identified as being in fiscal distress shall not incur any debt without the prior written approval of the division.
  6. The education service cooperative shall include in the annual report to constituent school districts under § 6-13-1020(d) the progress the education service cooperative has made on its fiscal distress plan.

History. Acts 2009, No. 1289, § 4; 2019, No. 315, §§ 196, 197; 2019, No. 910, §§ 1147-1151.

Amendments. The 2019 amendment by No. 315 inserted “law and rule” in (a)(1); and substituted “state rule, or federal regulations” for “or regulations” in the introductory language of (b)(3).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (b); and substituted “division” for “department” in (b)(1)(B), (b)(8), throughout (c), and in (d) and (e)(2).

6-13-1028. Fiscal distress plan.

  1. An education service cooperative that is classified by the State Board of Education as being in fiscal distress shall file with the Division of Elementary and Secondary Education a fiscal distress plan that:
    1. Addresses each area of fiscal distress identified by the division;
    2. Describes how the education service cooperative will remedy the areas experiencing fiscal distress; and
      1. Establishes the schedule by which the education service cooperative will implement the fiscal distress plan.
      2. The fiscal distress plan implementation schedule shall not exceed two (2) years from the date of the final classification of fiscal distress.
  2. The division shall approve the fiscal distress plan before the education service cooperative implements the fiscal distress plan.
  3. An education service cooperative identified as being in fiscal distress is required to receive on-site technical evaluation and assistance from the division.

History. Acts 2009, No. 1289, § 4; 2019, No. 910, §§ 1152, 1153.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (a); and substituted “division” for “department” in (b) and (c).

6-13-1029. Fiscal distress actions.

  1. To address the identified areas of fiscal distress of an education service cooperative, the Division of Elementary and Secondary Education shall:
      1. Conduct an on-site evaluation and make recommendations regarding the staffing and fiscal practices of the education service cooperative.
      2. The recommendations of the division are binding on the education service cooperative;
    1. Every six (6) months during which the education service cooperative is classified as being in fiscal distress, submit to the State Board of Education a written evaluation on the fiscal status of the education service cooperative;
    2. Monitor the fiscal operations and accounts of the education service cooperative; and
    3. Require the education service cooperative administrative staff and employees to obtain instruction or training in areas of fiscal concern for the education service cooperative.
  2. The division also may take one (1) or more of the following actions:
    1. Reorganize the administrative unit of the education service cooperative by:
        1. Removing and replacing the director of the education service cooperative employed under § 6-13-1010.
        2. An individual appointed to replace the director shall administratively operate the education service cooperative under the supervision and approval of the Commissioner of Elementary and Secondary Education.
        3. The division may compensate non-division agents operating the education service cooperative from the education service cooperative's funding; and
      1. Removing, replacing, or reassigning other administrative staff of the education service cooperative; or
    2. Impose reporting requirements on the education service cooperative.
  3. Within two (2) consecutive school years of the state board's final classification of fiscal distress, the division shall determine whether to recommend that the education service cooperative be removed from fiscal distress status.

History. Acts 2009, No. 1289, § 4; 2019, No. 910, §§ 1154-1158.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (a); substituted “division” for “department” throughout the section; substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b)(1)(A)(ii); and substituted “non-division” for “nondepartment” in (b)(1)(A)(iii).

6-13-1030. Removal from fiscal distress status.

  1. The Division of Elementary and Secondary Education shall certify in writing to the education service cooperative that the education service cooperative may be removed from fiscal distress status when the division determines that the education service cooperative has:
    1. Corrected all of the criteria under § 6-13-1027 that led to the classification of fiscal distress; and
    2. Complied with all division recommendations and requirements for removal from fiscal distress status.
    1. Within thirty (30) days of receiving the division's certification under subsection (a) of this section, an education service cooperative may petition the State Board of Education in writing for removal from fiscal distress.
    2. An education service cooperative may not petition the state board for removal from fiscal distress status before the division makes the certification under subsection (a) of this section.
  2. Within sixty (60) days of receiving the petition for removal from fiscal distress, the state board shall deny the petition or remove the education service cooperative from fiscal distress status.
  3. If an education service cooperative fails to meet the division's requirements for removal from fiscal distress status within two (2) consecutive school years of being classified in fiscal distress, the state board shall:
    1. Reorganize the administrative unit of the education service cooperative under § 6-13-1029; or
      1. Issue a written finding supported by a majority vote of the state board explaining in detail that the education service cooperative could not comply with this section due to impossibility caused by external forces beyond the education service cooperative's control.
      2. The state board shall extend the classification of fiscal distress for one (1) additional year within which time the education service cooperative shall comply with all conditions for removal from fiscal distress status under this section.
  4. Within fifteen (15) days of making a decision under this section, the state board shall notify the education service cooperative of its decision and include with the notice a copy of a written finding issued under subsection (d) of this section.

History. Acts 2009, No. 1289, § 4; 2019, No. 910, §§ 1159-1161.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (a); and substituted “division” for “department” in the introductory language of (a) and in (a)(2) and (b)(2).

6-13-1031. Appeal.

  1. An education service cooperative may appeal to the State Board of Education the identification of fiscal distress under § 6-13-1027.
  2. The education service cooperative may lodge an appeal by filing a written appeal with the Commissioner of Elementary and Secondary Education by certified mail, return receipt requested, within thirty (30) days of the date the education service cooperative received notice of the identification of fiscal distress.
  3. The written appeal shall state in clear terms the reason why the education service cooperative should not be classified as being in fiscal distress.
  4. The state board shall hear the appeal within sixty (60) days of receipt of the written notice of appeal.
  5. Notwithstanding any appeal rights in this section, no appeal shall stay the state board's or the Division of Elementary and Secondary Education's authority to take action to enforce the education service cooperative's compliance with financial management, accounting, auditing, and reporting procedures required by state law or rule or federal law and regulations.
    1. The decision of the state board on the appeal is a final order.
    2. There is no further right of appeal except to Pulaski County Circuit Court pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

History. Acts 2009, No. 1289, § 4; 2019, No. 315, § 198; 2019, No. 910, § 1162, 1163.

Amendments. The 2019 amendment by No. 315 inserted “law or rule” in (e).

The 2019 amendment by No. 910 substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b); and substituted “Division of Elementary and Secondary Education’s” for “Department of Education’s” in (e).

Subchapter 11 — Model Rural School Consortiums

Effective Dates. Acts 1995, No. 830, § 9: Mar. 29, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the immediate effectiveness of this act is essential to the operation of the Arkansas Department of Education and the various school districts of this state in planning for the 1995-96 school year. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-13-1101. Legislative intent.

It is the purpose and intent of this subchapter to provide a procedure by which one (1) or more school districts located within this state may, by agreement, reflected by a majority vote of the respective boards of directors of the participating school districts, form a model rural early childhood consortium. It is anticipated that this model rural early childhood consortium would be established to exemplify the best practices available in rural early childhood education. It would further be the purpose of this consortium to serve as a training and development site for both students and teachers within the cooperating school districts. A model rural early childhood consortium created pursuant to the provisions of this subchapter may be organized in ways that are fundamentally different from the ways schools are now organized.

History. Acts 1989, No. 886, § 1; 1995, No. 830, § 1.

6-13-1102. Authority.

Pursuant to the provisions of this subchapter, one (1) or more school districts may by a majority vote of their respective boards of directors agree to create a model rural early childhood consortium for the purposes set forth in § 6-13-1101.

History. Acts 1989, No. 886, § 2; 1995, No. 830, § 2.

6-13-1103. [Repealed.]

Publisher's Notes. This section, concerning boundaries, was repealed by Acts 1995, No. 830, § 5. The section was derived from Acts 1989, No. 886, § 3.

6-13-1104. Powers and duties.

Any model rural early childhood consortium created pursuant to this subchapter shall have the authority to petition the Division of Elementary and Secondary Education or the State Board of Education for waivers from present school standards to fulfill the purposes set forth in § 6-13-1101.

History. Acts 1989, No. 886, §§ 4, 7; 1995, No. 830, § 3; 2019, No. 910, § 1164.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education”.

6-13-1105. [Repealed.]

Publisher's Notes. This section, concerning funds, was repealed by Acts 1995, No. 830, § 5. The section was derived from Acts 1989, No. 886, § 5.

6-13-1106. Criteria — Contingency.

    1. The State Board of Education shall adopt and publish criteria setting forth the application process to be followed by any model rural early childhood consortium.
    2. The Division of Elementary and Secondary Education shall determine which applications are accepted in accordance with the state board's published criteria.
  1. Implementation of the provisions of this subchapter shall be contingent upon appropriation.

History. Acts 1989, No. 886, §§ 6, 8; 1995, No. 830, § 4; 2019, No. 910, § 1165.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(2).

Subchapter 12 — Clarification of Laws Concerning Consolidation, Annexation, and Formation

6-13-1201 — 6-13-1209. [Repealed.]

Publisher's Notes. This subchapter, concerning consolidation, annexation, and formation, was repealed by Acts 2001, No. 1225, § 3. The subchapter was derived from the following sources:

6-13-1201. Acts 1991, No. 966, § 2; 1999, No. 1078, § 41.

6-13-1202. Acts 1991, No. 966, § 3; 1993, No. 294, § 7; 1999, No. 1078, § 42.

6-13-1203. Acts 1991, No. 966, § 4; 1993, No. 294, § 7; 1999, No. 1078, § 43.

6-13-1204. Acts 1991, No. 966, § 5; 1999, No. 1078, § 44.

6-13-1205. Acts 1991, No. 966, § 6.

6-13-1206. Acts 1991, No. 966, § 7; 1999, No. 1078, § 45.

6-13-1207. Acts 1991, No. 966, § 1; 1999, No. 1078, § 46.

6-13-1208. Acts 1993, No. 294, § 7; 1999, No. 1078, § 47.

6-13-1209. Acts 1999, No. 1078, § 48.

For current law, see § 6-13-1401 et seq.

Former § 6-13-1210 was recodified as § 6-13-1414.

Subchapter 13 — Site-Based Decision Making

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-13-1301. Legislative intent.

It is the intention of the General Assembly through this subchapter to:

  1. Stimulate local innovation and creativity in restructuring Arkansas public schools;
  2. Facilitate the empowerment of educators and other persons at the local building site level to identify the needs of their particular students; and
  3. Implement methods of satisfying those needs.

History. Acts 1995, No. 1125, § 1.

6-13-1302. Definitions.

As used in this subchapter:

  1. “Classified employee” means any person for whom licensure is not required as the basis of employment in the public schools of the state;
  2. “Licensed employee” means any person for whom licensure is required as the basis of employment in the public schools of the state;
  3. “Parent” means any parent, legal guardian, or other person having custody or charge of a student enrolled in a public school; and
  4. “Site-based decision making” means a joint planning and problem-solving process implemented within a local school building, providing for a sharing of power, authority, and responsibility among teachers, administrators, and parents, and designed to shift decision making activity to the local building level.

History. Acts 1995, No. 1125, § 2; 2013, No. 1138, § 9.

Amendments. The 2013 amendment substituted “Licensed” for “Certified” in (2); and substituted “licensure” for “certification” in (1) and (2).

6-13-1303. Adoption of policy.

  1. Following a secret ballot vote by two-thirds (2/3) of the licensed employees in a local building site to implement site-based decision making, the local school district board of directors may adopt a policy for implementing site-based decision making in the school district, to include, but not be limited to, a description of how school district policies have been amended to allow school employees at the local school building site to be involved in the decision-making process as they work to meet educational goals.
  2. For the policy to be implemented, it must be adopted by a majority of the board of directors of the school district.

History. Acts 1995, No. 1125, § 3; 2013, No. 1138, § 10.

Amendments. The 2013 amendment substituted “licensed” for “certified” in (a).

6-13-1304. School council established — Members.

The school district policy adopted by the board of directors and licensed faculty of a local school district shall require the following when any local school building site elects to implement site-based decision making under the provisions of this subchapter:

      1. A school council shall be established, composed of teachers, classified employees, and the building principal or administrator.
      2. A majority of the council shall be made up of teachers.
      1. The teacher representatives on the council shall be elected by a majority of the teachers in a secret ballot election conducted by the teachers in the building.
      2. The classified employee representatives shall be elected by a majority of the classified employees in a secret ballot election conducted by the classified employees;
    1. The school council may include parent representatives if two-thirds (2/3) of the parents present at a meeting called for that purpose vote to participate in site-based decision making.
    2. The parent representatives on the council shall be elected by the parents at a meeting called for that purpose and shall not be relatives of any employee of the school or any board member; and
  1. Members of the school council shall elect a chair, vice chair, and secretary.

History. Acts 1995, No. 1125, § 4; 2013, No. 1138, § 11.

Amendments. The 2013 amendment substituted “licensed” for “certified” in the introductory language.

6-13-1305. School district policy — Contents.

The policy adopted by the local school district board of directors to implement site-based decision making shall also address the following:

  1. Parent, citizen, and community participation, including the relationship of the school council with other groups;
  2. Cooperation and collaboration within the school district, with other school districts, and with other public and private agencies;
  3. Professional development plans developed pursuant to the state accreditation standards;
  4. School-level improvement plans, including the form and function of strategic planning and its relationship to school district planning;
  5. School budget and administration, including:
    1. Discretionary funds;
    2. Activity and other school funds;
    3. Funds for maintenance, supplies, and equipment; and
    4. Accounting and auditing;
  6. Assessment of individual student progress, including testing and reporting of student progress to students, parents, the school district, the community, and the state;
  7. Requirements for waiver of school district policies;
  8. Requirements for record keeping by the school council;
  9. A process for appealing a decision made by a school council; and
  10. Teacher evaluations, professional growth plans, and teacher support under the Teacher Excellence and Support System, § 6-17-2801 et seq.

History. Acts 1995, No. 1125, § 4; 2011, No. 1209, § 1; 2015, No. 1091, § 1; 2017, No. 936, § 5.

Amendments. The 2011 amendment added (10).

The 2015 amendment substituted “growth plans” for “learning plans” in (10).

The 2017 amendment substituted “School-level” for “School” in (4).

6-13-1306. School council powers and duties.

The school council established under this subchapter may implement policies in the following areas:

  1. Planning and resolution of issues regarding instructional practices;
  2. Selection and implementation of discipline and classroom management techniques, including responsibilities of the student, parent, teacher, counselor, and principal;
  3. Curriculum, including:
    1. Needs assessment;
    2. Curriculum development;
    3. Alignment with state standards;
    4. Technology utilization; and
    5. Program appraisal;
  4. Assignment of all instructional and noninstructional staff time;
  5. Provision for planning time for instructional staff;
  6. Assignment of students to classes and programs within the school;
  7. Determination of the schedule of the school day and week, subject to the beginning and ending times of the school day and school calendar year as specified in the personnel policies or negotiated agreements;
  8. Determination of use of school space during the school day and week; and
  9. Selection of extracurricular programs and determination of policies relating to student participation based on academic qualifications and attendance requirements, program evaluation, and supervision.

History. Acts 1995, No. 1125, § 4; 2009, No. 376, § 11.

Amendments. The 2009 amendment redesignated (4) through (8) as (4) through (9) and made a related change; and inserted “day and week” in (7).

6-13-1307. Other authority — Granted by local board.

The local board may grant to the school council other authority as authorized by law.

History. Acts 1995, No. 1125, § 4.

6-13-1308. Assistance by Division of Elementary and Secondary Education.

  1. The Division of Elementary and Secondary Education may develop sample guidelines to assist local boards of directors in the development of their policies.
  2. The division may provide professional development activities to assist schools in implementing site-based decision making.

History. Acts 1995, No. 1125, § 5; 2019, No. 910, § 1166.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the section heading and in (a); and substituted “division” for “department” in (b).

6-13-1309. Alternative model.

  1. A local school building site that chooses to have site-based decision making but wishes to be exempt from the administrative structure set forth by this subchapter may develop a model for implementing site-based decision making, including, but not limited to, a description of the membership, organization, duties, and responsibilities of a school council.
    1. The local school building site shall submit the model through the local school district board of directors to the Commissioner of Education and the State Board of Education for approval.
    2. The application for approval of the model shall show evidence that it has been developed by representatives of the parents, students, and employees of the school and that two-thirds (2/3) of the licensed employees voting in a secret ballot election have agreed to the model.

History. Acts 1995, No. 1125, § 6; 2013, No. 1138, § 12.

Amendments. The 2013 amendment substituted “licensed” for “certified” in (b)(2).

Subchapter 14 — Consolidation, Annexation, and Formation

Cross References. Boundaries coextensive with road improvement district, § 14-316-108.

Consolidation, annexation, or merger of districts, § 6-14-122.

Effective Dates. Acts 2001, No. 1037, § 2: Mar. 22, 2001. Emergency clause provided: “It is found and determined by the General Assembly that several school districts have agreed upon boundary changes, and it could cause irreparable harm for students who are displaced by a change in boundaries in the middle of a school year. Therefore, it is necessary to have boundary changes effective prior to the beginning of the school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 1467, § 23: emergency clause failed to pass. Emergency clause provided: “Unless otherwise provided in this act, this act shall become effective on July 1, 2003.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-13-1401. Definitions.

As used in this subchapter:

  1. “Affected district” means a school district that:
    1. Loses territory or students as a result of annexation; or
    2. Is involved in a consolidation;
  2. “Aggrieved district” means the lawfully constituted and existing board of directors of a school district that gains or loses territory or students as a result of an annexation or consolidation;
  3. “Annexation” means the joining of an affected school district or part thereof with a receiving district;
  4. “Consolidation” means the joining of two (2) or more affected school districts or parts thereof to create a new single school district;
  5. “Receiving district” means a school district or districts that receive territory or students, or both, from an affected district as a result of annexation; and
  6. “Resulting district” means the new school district created from an affected district or districts as a result of consolidation.

History. Acts 2001, No. 1225, § 1; 2011, No. 989, § 5; 2011, No. 1217, § 1.

Amendments. The 2011 amendment by No. 989 subdivided and rewrote former (1); inserted (2) and redesignated the remaining subdivisions accordingly; and deleted former (6).

The 2011 amendment by No. 1217 subdivided and rewrote former (1); inserted (2) and redesignated the remaining subdivisions accordingly.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

6-13-1402. Consolidation and annexation authority.

There shall not be any consolidation or annexation of any public school district with any other school district in the state without the prior consent and approval of the State Board of Education.

History. Acts 2001, No. 1225, § 1.

6-13-1403. Conditions under which State Board of Education may annex school districts.

  1. The State Board of Education shall consider the annexation of an affected district or districts to a receiving district or districts under the following conditions:
    1. The state board, after providing thirty (30) days' written notice to the affected school districts, determines that annexation is in the best interest of the affected district or districts and the receiving district based upon failure to meet standards for accreditation, failure to meet fiscal or facilities distress requirements, or failure to meet the requirements to exit Level 5 — Intensive support pursuant to The Quality Education Act of 2003, § 6-15-201 et seq., the Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq., the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq., and the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.;
      1. The affected district or districts file a petition with the state board requesting annexation to a particular receiving district or districts, and a copy of the petition is filed with the county clerk's office of each county where the affected district or districts are located.
      2. The county clerk's office of each county where the affected district or districts are located certifies in writing that the petition has been signed by a majority of the qualified electors of the affected district or districts.
      3. The receiving district or districts provide to the state board written proof of consent to receive the affected district or districts by annexation as evidenced by either a vote to approve annexation by resolution by a majority of the members of the local receiving board of education or by a vote to approve annexation by a majority of the qualified electors of the receiving district as provided for in § 6-14-122;
      1. A majority of the qualified electors in the affected district or districts vote to approve the annexation of an affected district or districts to a receiving district or districts as provided for in § 6-14-122.
      2. The receiving district or districts provide to the state board written proof of consent to receive the affected district or districts by annexation as evidenced by either a vote to approve annexation by resolution by a majority of the members of the local receiving board of education or by a vote to approve annexation by a majority of the qualified electors of the receiving district as provided in § 6-14-122; or
      1. The local board of education of the affected district or districts votes to approve by resolution the annexation of the affected district or districts to a receiving district or districts by a majority of the members of the local board of education of the affected district or districts.
      2. The receiving district or districts provide to the state board written proof of consent to receive the affected district or districts by annexation as evidenced by either a vote to approve annexation by resolution by a majority of the members of the local receiving board of education or by a vote to approve annexation by a majority of the qualified electors of the receiving districts as provided for in § 6-14-122.
  2. The state board may vote to approve, by a majority of a quorum present of the members of the state board, the annexation of the affected districts into a receiving district.
    1. The state board, after providing thirty (30) days' written notice to the affected districts, may on its own motion based on a school district's failure to meet standards for accreditation, failure to meet fiscal distress requirements, or failure to meet the requirements to exit Level 5 — Intensive support pursuant to The Quality Education Act of 2003, § 6-15-201 et seq., the Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq., and the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.; or
    2. Upon receipt of:
      1. A valid petition for annexation and after receiving proof from the petitioning party of at least one (1) of the required conditions set forth in subsection (a) of this section; and
      2. Proof of the issuance of public notice of the intent to annex affected districts into a receiving district or districts in the local newspapers of general circulation in the affected districts for a time period of no less than one (1) time a week for two (2) consecutive weeks immediately before the time the petition is filed with the state board.
    1. In order for the petition for annexation to be valid, it shall be filed with the state board at least thirty (30) days before the next regularly scheduled state board meeting, at which time the petition will be presented for hearing before the state board.
    2. However, no petition is required for the state board to annex a school district or districts upon a motion of the state board as allowed in subsection (b) of this section.
    1. Upon determination by the state board to annex a school district or approval of a petition requesting annexation, the state board shall issue an order dissolving the affected districts and establishing the receiving district or districts.
      1. The state board shall issue an order establishing the boundary lines of the receiving district or districts.
      2. It is the duty of the Arkansas Geographic Information Systems Office to make changes in the maps of the school districts to properly show the boundary lines of the receiving district or districts.
    1. The state board shall:
      1. Issue an order establishing the changed boundaries; and
      2. File the order with the:
        1. County clerk of each county where a receiving district is located;
        2. Secretary of State; and
        3. Arkansas Geographic Information Systems Office.
    2. The county clerk shall make a permanent record of the order.
    3. The boundaries established under this subsection shall be the boundaries of the receiving district until changes are made according to the provisions of law.
  3. The state board shall not annex affected districts that are not geographically contiguous unless the following limited conditions are determined to be valid reasons for annexation:
    1. The annexation will result in the overall improvement in the educational benefit to students in all the school districts involved; or
    2. The annexation will provide a significant advantage in transportation costs or service to all the school districts involved.

History. Acts 2001, No. 1225, § 1; 2003, No. 1467, § 19; 2011, No. 989, § 6; 2013, No. 1073, § 7; 2015, No. 103, § 2; 2017, No. 936, §§ 6, 7; 2019, No. 757, § 4.

Amendments. The 2011 amendment subdivided former (e) as (e)(1) through (3); rewrote (e)(1)(B)(i); inserted (e)(1)(B)(ii) and (iii); and substituted “The boundaries established under this subsection (e)” for “boundaries so established” in (e)(3).

The 2013 amendment, in (a)(1), inserted “or facilities” preceding “distress” and added “and the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq.”

The 2015 amendment inserted “Systems” in (e)(1)(B)(iii).

The 2017 amendment, in (a)(1) and (b)(1), inserted “or failure to meet the requirements to exit Level 5 — Intensive support”, deleted “the Arkansas Comprehensive Testing, Assessment, and Accountability Program Act, § 6-15-401 et seq.” preceding “the Arkansas Fiscal Assessment”, and added “and the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.” at the end; deleted “academic” preceding “fiscal or facilities” in (a)(1); and deleted “academic or” preceding “fiscal distress” in (b)(1).

The 2019 amendment substituted “is” for “shall be” and “Arkansas Geographic Information Systems Office” for “Department of Education” in (d)(2)(B).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, Academic Standards, 26 U. Ark. Little Rock L. Rev. 385.

6-13-1404. Conditions under which State Board of Education may consolidate school districts.

  1. The State Board of Education shall consider the consolidation of affected districts into a new resulting district or districts under the following conditions:
    1. The state board, after providing thirty (30) days' written notice to the affected districts, determines consolidation is in the best interest of the affected district or districts and the resulting district, based upon failure to meet standards for accreditation, failure to meet fiscal or facilities distress requirements, or failure to meet the requirements to exit Level 5 — Intensive support, pursuant to The Quality Education Act of 2003, § 6-15-201 et seq., the Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq., the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq., and the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.; or
      1. The affected districts file a petition with the state board requesting that the affected districts be consolidated into a resulting district or districts;
      2. A copy of the petition has been filed with the county clerk's office of each county where the affected districts are located;
      3. The county clerk's office certifies in writing to the state board that the petition has been signed by a majority of the qualified electors of the affected districts;
      4. A majority of the qualified electors in the affected districts votes to approve consolidation of the affected districts into a resulting district or districts pursuant to a valid election as provided in § 6-14-122; and
      5. The local board of directors votes to approve by resolution of a majority of the members of each local board of education the consolidation of the affected districts into a resulting district or districts.
  2. The state board:
    1. After providing thirty (30) days' written notice to the affected districts, may consolidate school districts upon its own motion based upon a school district's failure to meet standards for accreditation, failure to meet fiscal distress requirements, or failure to meet the requirements to exit Level 5 — Intensive support pursuant to The Quality Education Act of 2003, § 6-15-201 et seq., the Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq., and the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.; or
    2. May vote to approve, by a majority of a quorum present of the members of the state board, the consolidation of the affected districts into a resulting district upon receipt of:
      1. A valid petition for consolidation after receiving proof from the petitioning party of at least one (1) of the required conditions set forth in subsection (a) of this section; and
      2. Proof of the issuance of public notice of the intent to consolidate affected districts into a resulting district or districts in the local newspapers of general circulation in the affected districts for a time period of no less than one (1) time a week for two (2) consecutive weeks immediately before the time the petition is filed with the state board.
    1. In order for the petition for consolidation to be valid, it shall be filed with the state board at least thirty (30) days before the next regularly scheduled state board meeting, at which time the petition will be presented for hearing before the state board.
    2. However, no petition is required for the state board to consolidate a school district or districts on a motion of the state board as allowed in subsection (b) of this section.
    1. Upon consolidation of a school district by the state board or approval of a petition requesting consolidation, the state board shall issue an order dissolving the affected districts and establishing the resulting district or districts.
      1. The state board shall issue an order establishing the boundary lines of the resulting district or districts.
      2. It is the duty of the Arkansas Geographic Information Systems Office to make changes in the maps of the school districts to properly show the boundary lines of the resulting district or districts.
    1. The state board shall:
      1. Issue an order establishing the changed boundaries; and
      2. File the order with the:
        1. County clerk of each county where a resulting district is located;
        2. Secretary of State; and
        3. Arkansas Geographic Information Systems Office.
    2. The county clerk shall make a permanent record of the order.
    3. The boundaries established under this subsection shall be the boundaries of the resulting district until changes are made according to the provisions of law.
  3. The state board shall not consolidate affected districts that are not geographically contiguous unless the following limited conditions are determined to be valid reasons for consolidation:
    1. The consolidation will result in the overall improvement in the educational benefit to students in all the school districts involved; or
    2. The consolidation will provide a significant advantage in transportation costs or service to all the school districts involved.

History. Acts 2001, No. 1225, § 1; 2003, No. 1467, § 19; 2011, No. 989, § 7; 2013, No. 1073, § 8; 2015, No. 103, § 3; 2017, No. 936, §§ 8, 9; 2019, No. 757, § 5; 2019, No. 910, § 1167.

A.C.R.C. Notes. Under the authority of § 25-43-109, this section is set out above as amended by Acts 2019, No. 757, § 5. Subdivision (d)(2)(B) was also amended by Acts 2019, No. 910, § 1167 to read as follows: “(B) It shall be the duty of the Division of Elementary and Secondary Education to make changes in the maps of the school districts to properly show the boundary lines of the resulting district or districts.”

Amendments. The 2011 amendment subdivided former (e)(1) as (e)(1) through (e)(1)(B); rewrote (e)(1)(B)(i); inserted (e)(1)(B)(ii) and (iii); and substituted “The boundaries established under this subsection (e)” for “boundaries so established” in (e)(3).

The 2013 amendment, in (a)(1), inserted “or facilities” preceding “distress” and added “and the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq.”

The 2015 amendment inserted “Systems” in (e)(1)(B)(iii).

The 2017 amendment, in (a)(1) and (b)(1), inserted “or failure to meet the requirements to exit Level 5 — Intensive support”, deleted “the Arkansas Comprehensive Testing, Assessment, and Accountability Program Act, § 6-15-401 et seq.” preceding “the Arkansas Fiscal Assessment”, and added “and the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.” at the end; substituted “failure to meet” for “or academic” following “accreditation” in (a)(1); and substituted “failure to meet” for “or academic or” following “accreditation” in (b)(1).

The 2019 amendment by No. 757 substituted “is” for “shall be” and “Arkansas Geographic Information Systems Office” for “Department of Education” in (d)(2)(B).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (d)(2)(B).

Research References

U. Ark. Little Rock L. Rev.

Nikki L. Cox, Note: School Integration Reform — A Call for Desegregation Policies That Are More Than Skin Deep, 36 U. Ark. Little Rock L. Rev. 123 (2013).

6-13-1405, 6-13-1406. [Repealed.]

Publisher's Notes. These sections, concerning effective date of annexation or consolidation and the term and election of the board of directors, were repealed by Acts 2011, No. 1217, § 2. The sections were derived from the following sources:

6-13-1405. Acts 2001, No. 1225, § 1; 2003, No. 1467, § 19; 2003 (2nd Ex. Sess.), No. 60, § 2.

6-13-1406. Acts 2001, No. 1225, § 1; 2003 (2nd Ex. Sess.), No. 25, § 1.

6-13-1407. Creation of school district — When part of school district taken.

  1. Any receiving district or resulting district created under this section shall become the successor in interest to the property of the school district dissolved, shall become liable for the contracts and debts of such a school district, and may sue and be sued therefor.
  2. When territory less than the entire school district is annexed or consolidated to a school district, the receiving district or resulting district shall take the property of the school district from which the territory was taken, as the State Board of Education shall deem proper, and shall be liable for that part of all indebtedness of the school district from which the territory was taken as shall be assigned to it by the state board unless otherwise approved by a majority vote of the affected district's or affected districts' board or boards of directors.

History. Acts 2001, No. 1225, § 1.

6-13-1408. Annexation or consolidation not to negatively impact state-assisted desegregation.

  1. The State Board of Education shall not order any annexation or consolidation under this subchapter or any other act or any combination of acts which hampers, delays, or in any manner negatively affects the desegregation efforts of a school district or districts in this state.
  2. Before the entry of any order under this subchapter, the state board shall seek an advisory opinion from the Attorney General concerning the impact of the proposed annexation or consolidation on the effort of the state to assist a school district or districts in desegregation of the public schools of this state.
  3. Any order of annexation or consolidation or combination thereof that violates the provisions of this section shall be null and void.

History. Acts 2001, No. 1225, § 1.

6-13-1409. State Board of Education.

  1. The State Board of Education shall have the following duties regarding consolidations and annexations:
    1. To form local school districts, change boundary lines of school districts, dissolve school districts and annex the territory of those school districts to another school district, create new school districts, and perform all other functions regarding changes in school districts in accordance with the law;
    2. To transfer funds and attach territory that is in no school district to other school districts as may seem best for the educational welfare of the children; and
    3. To enact rules regarding the consolidation and annexation of school districts under this title.
  2. The millage rate of the electors of the affected district shall remain the same until an election may be held to change the rate of taxation for the resulting district or receiving district.

History. Acts 2001, No. 1225, § 1; 2003, No. 1467, § 20; 2019, No. 315, § 199.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (a)(3).

6-13-1410. Appeal and election.

Notwithstanding any other provision of law, the decision of the State Board of Education regarding a consolidation or annexation shall be final with no further right of appeal except that only an aggrieved district may appeal to Pulaski County Circuit Court pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

History. Acts 2003, No. 1467, § 21; 2011, No. 989, § 8.

Amendments. The 2011 amendment added “Notwithstanding any other provision of law” at the beginning and substituted “only an aggrieved district may appeal” for “an aggrieved school district may appeal.”

6-13-1411. Use of fund balances.

  1. Unless otherwise approved by a unanimous vote of the board of directors of the resulting district, the fund balances of any school district that is consolidated, annexed, or otherwise reorganized shall be used by the resulting district solely for the construction of facilities or the operation, maintenance, or support of the schools that were located in the affected district from which the fund balance was derived if any of the facilities of the affected district from which the fund balance was derived remain open.
  2. The provisions of this section shall not apply if the consolidation or annexation is because of the school district's failure to meet standards for accreditation, failure to meet fiscal or facilities distress requirements, or failure to meet the requirements to exit Level 5 — Intensive support pursuant to The Quality Education Act of 2003, § 6-15-201 et seq., the Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq., the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq., and the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.

History. Acts 2003 (2nd Ex. Sess.), No. 71, § 1; 2013, No. 1073, § 9; 2017, No. 936, § 10.

Amendments. The 2013 amendment, in (b), inserted “or facilities” preceding “distress” and added “and the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq.”

The 2017 amendment, in (b), deleted “academic” preceding “fiscal or facilities”, inserted “or failure to meet the requirements to exit Level 5 — Intensive support”, deleted “the Arkansas Comprehensive Testing, Assessment, and Accountability Program Act, § 6-15-401 et seq.” preceding “the Arkansas Fiscal Assessment”, and added “and the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.” at the end.

6-13-1412, 6-13-1413. [Repealed.]

Publisher's Notes. These sections, concerning the term and election of a board of directors after an annexation or consolidation, were repealed by Acts 2011, No. 1217, § 3. The sections were derived from the following sources:

6-13-1412. Acts 2005, No. 274, § 1.

6-13-1413. Acts 2005, No. 274, § 2.

6-13-1414. Boundary change by State Board of Education.

    1. The State Board of Education shall consider a petition from a local board of directors of any school district seeking an adjustment or change of boundary lines between its school district and an adjoining school district.
    2. The local board of directors must file the petition with the state board at least thirty (30) days before the next regularly scheduled state board meeting, at which time the petition will be presented for hearing before the state board.
  1. Upon proof to the state board of public notice issued in the local newspapers of general circulation in each affected district no less than one (1) time a week for two (2) consecutive weeks, the state board may, by approval of a majority of the members of a quorum present of the state board, issue an order changing or adjusting the boundary lines between the adjoining school districts.
  2. If the local board of directors of each of the affected districts is unable to agree on the proposed change in boundary lines, the state board shall adjust and change the boundary lines in accordance with its best judgment subject to the requirement of subsection (f) of this section or shall rule that the boundaries remain unchanged.
  3. Upon an order from the state board to change or adjust boundary lines, it shall be the duty of the Arkansas Geographic Information Systems Office to immediately make changes in the maps of the school districts to show the changes of boundaries.
    1. The state board shall:
      1. Issue an order establishing the changed boundaries; and
      2. File the order with the:
        1. County clerk in each county in which every affected district lies;
        2. Secretary of State; and
        3. Arkansas Geographic Information Systems Office.
    2. The county clerk shall make a permanent record of the order.
    3. The boundaries established under this subsection shall be the boundaries of the affected districts until changes are made according to the provisions of law.
  4. The state board shall not order any change in school district boundaries which hampers, delays, or in any manner negatively affects the desegregation efforts of the public school districts in the State of Arkansas.

History. Acts 2001, No. 1037, § 1; 2011, No. 989, § 9; 2015, No. 103, § 4; 2019, No. 757, § 6; 2019, No. 910, § 1168.

A.C.R.C. Notes. This section was originally codified at § 6-13-1210.

Under the authority of § 25-43-109, this section is set out above as amended by Acts 2019, No. 757, § 6. Subsection (d) was also amended by Acts 2019, No. 910, § 1168 to read as follows: “(d) Upon an order from the state board to change or adjust boundary lines, it shall be the duty of the Division of Elementary and Secondary Education to immediately make changes in the maps of the school districts of the county to show the changes of boundaries.”

Publisher's Notes. Acts 2001, No. 1225, § 3 provided that Title 6, Chapter 13, Subchapter 12 is repealed, but this section, enacted by Acts 2001, No. 1037, was not included in the engrossing on Acts 2001, No. 1225.

Amendments. The 2011 amendment subdivided former (e) as (e)(1) through (3); rewrote (e)(1); and substituted “The boundaries established under this subsection (e)” for “boundaries so established” in (e)(3).

The 2015 amendment inserted “Systems” in (e)(1)(B)(iii).

The 2019 amendment by No. 757, in (d), substituted “Arkansas Geographic Information Systems Office” for “Department of Education” and deleted “of the county” following “districts”.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (d).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

6-13-1415. Involuntary consolidation or annexation — Effective date — Interim board of directors.

  1. This section applies to the involuntary consolidation or involuntary annexation of a school district made by a motion of the State Board of Education.
  2. The effective date of an involuntary consolidation or involuntary annexation of a school district shall be the July 1 after the state board action unless determined otherwise by the state board.
  3. The state board shall establish the terms and conditions of the involuntary consolidation or involuntary annexation that shall govern the affected districts, resulting districts, and receiving districts.
    1. If the state board determines that a new permanent board of directors is necessary, the state board shall prescribe:
      1. The number of members for the new permanent board of directors of the resulting district or receiving district;
      2. The manner of formation of the new permanent board of directors of the resulting district or receiving district under § 6-13-1417; and
        1. Whether the new permanent board of directors will be elected at the first or second school election after the effective date of consolidation or annexation.
        2. The election for the new permanent school district board of directors may take place during the second school election after the effective date of consolidation or annexation only if the state board determines that additional time is required to implement single-member zoned elections.
    2. If the state board determines that an interim board of directors is necessary, the state board shall prescribe:
      1. The number of members for the interim board of directors of the resulting district or receiving district;
      2. The terms of the members of the interim board of directors of the resulting district or receiving district; and
        1. The manner of formation of the interim board of directors of the resulting district or receiving district.
        2. The state board may:
          1. Allow the affected districts and receiving districts thirty (30) days to establish an interim board of directors to govern the resulting district or receiving district that consists of either five (5) or seven (7) members selected from the boards of directors from the affected districts and receiving districts based on the proportion of the student population of each of the affected districts and receiving districts before consolidation or annexation;
          2. Appoint an interim board of directors to govern the resulting district or receiving district that consists of either five (5) or seven (7) members selected from the boards of directors from the affected districts and receiving districts based on the proportion of the student population of each of the affected districts and receiving districts before consolidation or annexation; or
          3. Designate the existing board of directors of one (1) affected district in a consolidation or the existing board of directors of the receiving district in an annexation as the interim board to govern the resulting district or receiving district.
    3. The state board may determine that an interim board of directors is not necessary and may order the existing board of directors of one (1) affected district in a consolidation or the existing board of directors of the receiving district in an annexation to remain as the permanent school district board of directors.
    1. An interim board of directors shall serve until the first school election after the effective date of consolidation or annexation unless:
      1. Any members of the permanent board of directors of the resulting district or receiving district are elected from single-member zones, then the interim board of directors may serve until the second school election after the effective date of consolidation or annexation under subdivision (d)(1)(C) of this section; or
      2. All the members of the permanent board of directors of the resulting district or receiving district are elected at-large, then the state board may stagger the terms of the interim board of directors, which shall be determined by lot so that no more than two (2) members' terms expire during any one (1) year.
    2. If the state board allows the local school districts time to establish an interim board of directors, the board of directors of each affected district before the consolidation or each affected district and receiving district before the annexation may determine independently how to select members of the existing board of directors to serve on the interim board of directors, subject to approval by the state board, by:
      1. The voluntary resignation of one (1) or more members of the existing board of directors;
      2. Selecting one (1) or more members of the existing board of directors by a majority vote of the school district board of directors; or
      3. Selecting one (1) or more members of the existing board of directors by a random lot drawing.
    3. An interim board of directors shall be established by May 31 of the year preceding the effective date of administrative consolidation or administrative annexation under § 6-13-1603 if the state board determines that an interim board of directors is necessary.
    1. A consolidation or annexation order adopted by the state board shall be filed with the:
      1. County clerk of each county that contains school district territory of each affected district, receiving district, or resulting district;
      2. Secretary of State; and
      3. Arkansas Geographic Information Systems Office.
    2. A consolidation or annexation order shall include a map of the boundaries of the resulting district or receiving district.
    3. A consolidation or annexation order filed with the Secretary of State and the office shall include a digital map showing the boundaries of the resulting district or receiving district in a format prescribed by the office.
  4. The state board may promulgate rules necessary to administer this subchapter.

History. Acts 2011, No. 1217, § 4; 2015, No. 103, § 5.

Amendments. The 2015 amendment inserted “Systems” in (f)(1)(C) and twice in (f)(3).

6-13-1416. Voluntary consolidation or annexation — Effective date — Interim board of directors.

  1. This section applies to any petition for consolidation or annexation of a school district submitted to the State Board of Education by a school district.
  2. The effective date of a petition for consolidation or annexation of a school district shall be the July 1 after the state board approves the consolidation or annexation petition unless the state board approves an alternative effective date or determines otherwise.
    1. Each board of directors of an affected district and receiving district shall enter into a written agreement approved by the quorum of the members of each board of directors present and executed by the president and secretary of each school district board of directors.
    2. The written agreement may prescribe the effective date of the annexation of the affected district to the receiving district or the effective date of the formation of the resulting district from consolidation of affected districts, subject to approval by the state board.
      1. The written agreement may prescribe the number of members of the permanent board of directors of the resulting district or receiving district and the manner of formation of the permanent board of directors of the resulting district or receiving district under § 6-13-1417 or as allowed by law.
        1. If the written agreement prescribes the formation of a new permanent board of directors, the written agreement shall specify whether the new permanent board of directors will be elected at the first or second school election after the effective date of consolidation or annexation.
        2. The election of a new permanent board of directors may take place during the second school election after the effective date of consolidation or annexation only if additional time is necessary to implement single-member zoned elections.
  3. The written agreement may prescribe for the formation of an interim board of directors, including the number of members, the length of member terms, and the manner of formation as follows:
    1. Establish an interim board of directors to govern the resulting district or receiving district that consists of either five (5) or seven (7) members selected from the boards of directors from the affected districts and receiving districts based on the proportion of the student population of each of the affected districts and receiving districts before consolidation or annexation;
    2. Designate the existing board of directors of one (1) affected district in a consolidation or the existing board of directors of the receiving district in an annexation as the interim board of directors; or
    3. Determine that an interim board of directors is not necessary and may designate the existing board of directors of one (1) affected district in a consolidation or the existing board of directors of the receiving district in an annexation to remain as the permanent school district board of directors.
    1. If the written agreement prescribes the formation of an interim board of directors, the interim board of directors shall serve until the first school election after the effective date of consolidation or annexation unless:
      1. Any members of the permanent board of directors of the resulting district or receiving district are elected from single-member zones, then the interim board of directors may serve until the second school election after the effective date of consolidation or annexation under subdivision (c)(3)(B) of this section; or
      2. All the members of the permanent board of directors of the resulting district or receiving district are elected at-large, then the written agreement may stagger the terms of the interim board of directors, which shall be determined by lot so that no more than two (2) members' terms expire during any one (1) year.
    2. If the written agreement prescribes formation of an interim board of directors, the board of directors of the affected district before the consolidation or the affected district and receiving district before annexation may determine independently how to select members of the existing board of directors to serve on the interim board of directors by:
      1. The voluntary resignation of one (1) or more members of the existing board of directors;
      2. Selecting one (1) or more members of the existing board of directors by a majority vote of the school district board of directors; or
      3. Selecting one (1) or more members of the existing board of directors by a random lot drawing.
    3. If the written agreement in an administrative consolidation or an administrative annexation under § 6-13-1603 requires the formation of an interim board of directors, the interim board of directors shall be established by May 31 preceding the effective date of the administrative consolidation or administrative annexation.
    1. An executed copy of the written agreement shall be attached to the petition for consolidation or annexation submitted to the state board.
    2. If the written agreement is approved by the state board, the terms of the written agreement shall be binding upon the affected districts, receiving districts, and resulting districts, including the interim and permanent school district boards of directors.
    3. A written agreement under this section shall not be effective without approval from the state board.
    1. A consolidation or annexation petition approved by the state board along with an executed copy of the written agreement shall be filed with the:
      1. County clerk of each county that contains school district territory of each affected district, receiving district, or resulting district;
      2. Secretary of State; and
      3. Arkansas Geographic Information Systems Office.
    2. An approved consolidation or annexation petition shall include a map of the boundaries of the resulting district or receiving district.
    3. An approved consolidation or annexation petition filed with the Secretary of State and the office shall include a digital map showing the boundaries of the resulting district or receiving district in a format prescribed by the office.

History. Acts 2011, No. 1217, § 4; 2013, No. 1073, § 10; 2015, No. 103, § 6.

Amendments. The 2013 amendment substituted “written agreement” for “state board” in (e)(1)(B).

The 2015 amendment inserted “Systems” in (g)(1)(C); and inserted “Systems” twice in (g)(3).

6-13-1417. Formation of permanent board of directors.

    1. A permanent board of directors shall have either five (5) or seven (7) members unless the school district is allowed to have nine (9) members under § 6-13-634.
    2. The length of the terms of the board of directors may be for the time period prescribed by law and:
      1. Prescribed in the written agreement under § 6-13-1416; or
      2. Determined by the permanent board of directors.
    3. At the first meeting of the permanent board of directors, the members shall determine the terms of the board of directors by lot so that not more than two (2) members' terms expire during any one (1) year.
    4. A vacancy on the board of directors shall be filled as prescribed by law.
    1. If single-member election zones are not necessary to comply with the Voting Rights Act of 1965, 52 U.S.C. § 10301, or with any other federal or state law, any or all of the members of the permanent board of directors may be elected at large.
    2. A minimum of five (5) members of a permanent board of directors shall be elected from single-member election zones if one (1) or more of the following applies:
      1. Single-member election zones are required to comply with the Voting Rights Act of 1965, 52 U.S.C. § 10301, or other federal law;
      2. The resulting district or receiving district after consolidation or annexation is required to be zoned under § 6-13-631 or other state law; or
      3. The boards of directors of the affected districts before consolidation or the boards of directors of the affected districts and receiving districts before annexation agree that the permanent board of directors shall be elected from single-member election zones.
    3. If single-member election zones are necessary to comply with the Voting Rights Act of 1965, 52 U.S.C. § 10301, other federal law, or state law, the resulting district or receiving district shall:
      1. Review the demographic makeup and boundaries of the zones based on the latest federal decennial census data of the resulting district or receiving district after consolidation or annexation and rezone the resulting district or receiving district as necessary to comply with the Voting Rights Act of 1965, 52 U.S.C. § 10301, other federal law, or state law;
      2. Complete the election rezoning no later than one hundred twenty (120) calendar days before the second school election following the effective date of the consolidation or annexation; and
      3. No later than one hundred twenty (120) calendar days before the second school election following the effective date of the consolidation or annexation, file a digital map in a format prescribed by the Arkansas Geographic Information Systems Office detailing the election zone boundaries of the resulting district or receiving district with the:
        1. Secretary of State;
        2. Arkansas Geographic Information Systems Office; and
        3. County clerk of each county that contains school district territory of each affected district, receiving district, or resulting district.

History. Acts 2011, No. 1217, § 4; 2013, No. 1073, § 11; 2013, No. 1155, § 12; 2015, No. 103, § 7.

Amendments. The 2013 amendment by No. 1073 rewrote (b)(3)(C).

The 2013 amendment by No. 1155 substituted “§ 6-13-634” for “§ 6-13-604” at the end of (a)(1).

The 2015 amendment inserted “Systems” twice in (b)(3)(C).

Subchapter 15 — Creation of School District by Detaching Territory from Existing School District

Effective Dates. Acts 2003, No. 1397, § 2: Apr. 15, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Constitution requires the State of Arkansas to provide a general, suitable, and efficient system of public education; that procedures to ensure a general, suitable, and efficient system of public education need to be in place prior to the beginning the 2003-2004 school year; and that this act is immediately necessary to allow school districts and the electors of those districts sufficient time to organize and plan to for a general, suitable, and efficient system of education in the district prior to the beginning of the 2003-2004 school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 947, § 3: Apr. 2, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there are a number of Arkansas school districts that are losing students; that the laws concerning detachment are not clear in assigning assets and indebtedness between old and new school districts; and that this act is immediately necessary to ensure that a newly created school district is able to secure property and assume debt. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

6-13-1501. Creation of school district by detaching territory from existing school district.

    1. It is the intent of the General Assembly by this subchapter to provide opportunities for children of this state by allowing local community members the opportunity to establish and maintain public schools in a manner that optimizes educational resources within a community.
    2. The General Assembly finds that the educational needs of the students of this state shall be best served by not allowing creation of a school district under this subchapter with fewer than two thousand five hundred (2,500) students, thus ensuring adequate educational opportunities for students.
  1. A school district created under this subchapter shall have all the rights, privileges, and responsibilities of other public school districts.

History. Acts 2001, No. 1673, § 1; 2015, No. 372, § 1.

Amendments. The 2015 amendment substituted “two thousand five hundred (2,500)” for “four thousand (4,000)” in (a)(2); and deleted (b), and redesignated former (c) as (b).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

6-13-1502. Minimum area and attendance requirements.

  1. A new school district may not be created in an area with fewer than two thousand five hundred (2,500) students in average daily membership.
  2. An existing school district shall not be reduced by means of detachment to an area with fewer than two thousand five hundred (2,500) students in average daily membership.
  3. A new school district to be created by detachment must only be made up of students from one (1) existing school district.
  4. This subchapter shall apply only to school districts that:
    1. Had an average daily membership of at least five thousand (5,000) students in the school year immediately preceding the detachment; or
    2. Encompass a total area of four hundred fifty square miles (450 sq. mi.) or more, now or in the future.

History. Acts 2001, No. 1673, § 1; 2003, No. 1397, § 1; 2015, No. 372, § 1; 2019, No. 528, § 1.

Amendments. The 2015 amendment substituted “two thousand five hundred (2,500)” for “four thousand (4,000)” in (a) and (b); substituted “five thousand (5,000)” for “fifteen thousand (15,000)” in (d)(1); and substituted “four hundred and fifty square miles (450 sq. mi.)” for “seven hundred square miles (700 sq. mi.)” in (d)(2).

The 2019 amendment deleted “but not more than twenty thousand (20,000) students” following “students” in (d)(1).

6-13-1503. Initiation of detachment.

Creation of a new school district by detachment shall be initiated by:

  1. Resolution of the board of directors of each school district from which territory is to be detached; or
  2. A petition that is presented to the State Board of Education pursuant to the provisions of this subchapter.

History. Acts 2001, No. 1673, § 1.

6-13-1504. Petition — Election.

    1. Not later than the thirtieth day after the date the State Board of Education receives a petition or resolution under this subchapter, the state board shall hold a hearing on the validity of the petition or resolution.
    2. To be valid, a petition or resolution shall:
      1. State the purpose for which the petition or resolution is being submitted;
      2. Contain a plat or map of the proposed new school district;
      3. Contain an independent feasibility study stating:
        1. Cost of operation of the new school district and the ability to operate the new school district taking into consideration the tax base, debt service, and division of assets to the new school district;
        2. A list of the public school assets to be transferred from the existing school district to the new school district;
        3. The size of the new school district; and
        4. The effect of detachment on court-ordered desegregation; and
      4. Be signed by at least ten percent (10%) of the number of voters in the area proposed for detachment who voted in the most recent general election.
    1. If the state board determines that the petition or resolution is valid and the petition or resolution does not conflict with subdivision (b)(2) of this section, the state board may, after complying with subdivision (b)(2) of this section, order an election on the proposition of detachment to be held at the next annual school election or general election.
      1. The state board shall not order any creation of a new school district by detachment under this subchapter or any other act or combination of any acts that hampers, delays, or in any manner negatively affects desegregation efforts of a school district or districts in this state.
      2. Before the entry of any order for election on the question of detachment, the state board shall seek an advisory opinion from the Attorney General concerning the impact of the proposed detachment and creation of a new school district on the effort of the state to assist the affected school district or districts in the desegregation of the public schools of this state.
    2. The order for election on the proposition of detachment shall:
      1. Contain a plat or map of the proposed new school district; and
      2. Comply with all requirements and procedures set forth in § 6-14-101 et seq. that do not conflict with the provisions of this subchapter.
      1. The state board shall certify two (2) copies of the detachment order and convey one (1) copy to the county clerk and one (1) copy to the county election commission at least sixty (60) days before the date the county election commission sets for election on the question of detachment.
        1. No later than forty-five (45) days before the election, the county clerk of each county affected shall identify all persons who reside within the area proposed to be detached, and the county clerk shall determine the names and addresses of all qualified electors residing within that area.
        2. The failure to identify all persons residing within the area proposed to be detached or the failure to determine the names and addresses of all qualified electors residing within that area shall not invalidate or otherwise affect the results of the election.
      2. All of the qualified electors residing within the territory to be detached shall be entitled to vote in the election.
      3. The petitioners shall give notice of the election by publication of at least one (1) insertion in a newspaper having general circulation in each school district from which territory is being detached.
      1. The county clerk shall prepare a list by precinct of all those qualified electors residing within the area to be detached who are qualified to vote in that precinct and furnish that list to the election officials at the time the ballot boxes and voting machines are delivered.
      2. If the county clerk or the county election commission shall fail to perform any duties required, then any interested party may apply for a writ of mandamus to require the performance of the duties.
      3. The failure of the county clerk or the county election commission to perform the duties shall not void the detachment election unless a court finds that the failure to perform the duties substantially prejudiced an interested party.
    1. The ballot shall be printed to permit voting for or against the proposition in a manner similar to the following: “Creation of a new school district by detachment of property and territory that includes the following property and territory from the School District: .”
    2. The ballot description of the property and territory to be detached shall be sufficient to give general notice of the territory affected.

History. Acts 2001, No. 1673, § 1; 2013, No. 1274, § 1.

Amendments. The 2013 amendment substituted “number of voters in the area proposed for detachment who voted in the most recent general election” for “registered voters of the area proposed for detachment” in (a)(2)(D).

6-13-1505. Creation of school district.

  1. If all the requirements of this subchapter are met and a majority of the votes are cast for the proposition, the State Board of Education shall order the creation of the new school district.
    1. At the time the order creating the district is made, the state board shall appoint a board of directors of seven (7) members for the new school district to serve until the next regular election of members, when a board of directors shall be elected in compliance with Arkansas law.
    2. Following the entry of the order creating the new school district, the new school district shall:
      1. Be considered a school district under § 6-13-101 et seq. for all constitutional and statutory purposes, except as limited under this section;
      2. Be considered a body corporate and may sue and be sued in the name of the new school district; and
      3. After the appointment of a board of directors for the new school district but before the transfer of any assets, territory, property, liabilities, duties, or responsibilities, a new school district created by detachment from an existing school district that is a party to any court-ordered desegregation plan shall petition the court having jurisdiction in the desegregation matter and obtain any and all court orders or other relief necessary to ensure that the detachment will not cause the state or any affected school district to be in violation of any orders of the court or any consent orders or decrees entered into by the parties with regard to the desegregation plan.
    3. Following the entry of the order creating the new school district, the new school district may:
      1. Exercise the power of eminent domain; and
      2. Borrow money and issue bonds for allowable purposes under § 6-20-1201 et seq.
      1. A new school district created under this subchapter shall be allocated the assets of the school district from which the territory was taken, as the state board shall deem proper or as agreed by the original school district and the new school district with the approval of the state board.
      2. The transfer or conveyance of the title of the assets from the original school district to the new school district shall be documented through deeds, assignments, or bills of sale as necessary to produce evidence of the transfer of ownership and the resulting rights and liabilities.
      1. The new school district may be allocated transferred assets in exchange for payment or may assume liability for that part of the indebtedness of the original school district allocable to the territory within the new school district as agreed by the original school district and the new school district with the approval of the state board or as determined, assigned, or allocated to the new school district by the state board.
      2. In determining the value of the transferred assets or the amount of the indebtedness for which the new school district will become responsible, the new school district and the original school district shall either:
        1. Agree upon an amount with the approval of the state board; or
        2. Allow the state board to determine the amount if the new school district and the original school district fail to agree.
    1. The allocation or assignment of indebtedness shall be structured in a manner that does not cause the original school district to default under the documents authorizing the indebtedness, and shall not violate any tax covenants contained in the documents authorizing the indebtedness by the original districts.
    2. In determining foregoing allocations, all reasonable and fair methods of allocation shall be considered, including without limitation:
      1. A third-party appraisal of the real property to be transferred to the new school district;
      2. A ratio generated by comparing the number of students currently residing in the boundaries of the new school district to the total number of students in the original school district;
      3. A ratio generated by comparing the assessed value of property within the boundaries of the new school district to the assessed value of property within the original school district;
      4. A ratio generated by comparing the amount of the outstanding debt of the original school district that was incurred to finance property located within the boundaries of the new school district to the total outstanding debt of the original school district; and
      5. Other reasonable and fair methods of allocation.
    1. The ad valorem tax rate of the new school district shall remain the same as that of the original school district until an election is held in the new school district and a rate of tax is approved and shall be allocated in the same proportion between maintenance and operation and debt service as was allocated by the original school district.
    2. The new school district may use and pledge debt service millage to pay all or part of any indebtedness assigned or allocated to the new school district for payment of any other lawful indebtedness of the new school district, for maintenance and operation of the new school district, or for any other lawful purpose, until a different rate is approved by the qualified electors of the new school district.
  2. In order to satisfy the payment obligations of a new school district with respect to the allocation of assets or if the new school district assumes or becomes responsible for any indebtedness of the original school district, one (1) or more of the following methods may be used by the new school district to meet the new school district's obligations:
    1. Borrow funds from the original school district as mutually agreed by both school districts;
    2. Enter into lease-purchase agreements, revolving loans under § 6-20-801 et seq., post-dated warrants, or installment contracts;
    3. Borrow funds from a private, governmental, or commercial lender;
    4. Issue bonds; or
    5. Use any other lawful method.
  3. The state board shall have the following rights and duties regarding creation of a school district by detachment:
    1. To form local school districts, change boundary lines of school districts, create new school districts, and perform all other functions regarding changes in school districts in accordance with the law;
    2. To transfer funds and attach territory that are in one (1) school district to other school districts as may seem best for the educational welfare of the children, including the loaning of funds to the new school district under terms and conditions acceptable to the state board; and
    3. To enact rules regarding the creation of school districts by detachment under this subchapter.
  4. In its order creating the new school district under this section, the state board may allow a transition period of up to two (2) consecutive years to allow the new school district to become fully operational.
    1. The new school district shall publish a projected budget of expenditures for the first anticipated operational school year at least sixty (60) days before the next annual school election for which notice can be lawfully given.
    2. At the school election or any subsequent school election, a new school district may present to the qualified electors of the new school district a proposed ad valorem tax for the maintenance and operation of schools and the retirement of indebtedness.

History. Acts 2001, No. 1673, § 1; 2013, No. 1274, § 2; 2015, No. 947, § 1; 2017, No. 745, §§ 11-13; 2019, No. 315, § 200.

Amendments. The 2013 amendment added (f) [now (g)].

The 2015 amendment inserted (b)(2)(A) and (B) and redesignated former provisions of (b)(2) as (b)(2)(C); added (b)(3); rewrote (c) and (d); inserted (e); redesignated former (e) and (f) as (f) and (g); inserted “rights and” in the introductory language of (f); added “including the loaning of funds to the new school district under terms and conditions acceptable to the state board” in (f)(2); and added (h).

The 2017 amendment substituted “valorem” for “valorum” in (d)(1) and (h)(2); and substituted “lease-purchase agreements, revolving loans under 6-20-801 et seq., post-dated” for “lease with purchase agreements, revolving loans, term loans, post-date” in (e)(2).

The 2019 amendment deleted “and regulations” following “rules” in (f)(3).

Subchapter 16 — Public Education Reorganization Act

A.C.R.C. Notes. Acts 2003 (2nd Ex. Sess.), No. 60, § 1, provided: “Legislative purpose. The General Assembly declares that this act is necessary to ensure the delivery of an equal opportunity for an adequate education to the people of Arkansas in an efficient and effective manner.”

Effective Dates. Acts 2003 (2nd Ex. Sess.), No. 60, § 6: Jan. 29, 2004. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002) declared the now existing system of education to be unconstitutional because it is both inequitable and inadequate; and the Arkansas Supreme Court set forth the test for a constitutional system to be one in which the State has an ‘absolute duty’ to provide an ‘equal opportunity to an adequate education’; and the Arkansas Supreme Court instructed the General Assembly to define and provide what is necessary to provide an adequate and equitable education for the children of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 1236, § 2: Mar. 24, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the provisions of this act are of critical importance to preserve the efficient operations of the schools of the State of Arkansas; that this act provides needed information regarding consolidations; and that this is immediately necessary for the efficient operations of schools. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 2230, § 2: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that some school districts that were required to consolidate under Act 60 of the Second Extraordinary Session of the Eighty-Fourth General Assembly were forced to incur unfair financial burdens created by other districts; that to provide the necessary resources to their students the districts need additional funding to cover those debts; and that this act is immediately necessary because school districts must incur much of the financial burden prior to the end of the fiscal year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 377, § 3: Mar. 11, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that small school districts are at risk of being consolidated or reorganized; that small school districts that are successful in educating their students and not in academic or fiscal distress should not be consolidated or reorganized; and that this act is immediately necessary to ensure that small school districts that are placed on the consolidation list are not consolidated immediately. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-13-1601. Definitions.

As used in this subchapter:

  1. “Administrative annexation” means the joining of an affected district or a part of the school district with a receiving district;
  2. “Administrative consolidation” means the joining of two (2) or more school districts to create a new single school district with one (1) administrative unit and one (1) board of directors that is not required to close school facilities;
  3. “Affected district” means a school district that loses territory or students as a result of administrative annexation or administrative consolidation;
  4. “Average daily membership” has the same meaning as defined in § 6-20-2303;
  5. “Receiving district” means a school district or districts that receive territory or students, or both, from an affected district as a result of administrative annexation; and
  6. “Resulting district” means the new school district created from an affected district or affected districts as a result of administrative consolidation.

History. Acts 2003 (2nd Ex. Sess.), No. 60, § 3; 2005, No. 2151, § 21; 2013, No. 1073, § 12.

Amendments. The 2013 amendment rewrote (4).

6-13-1602. Administrative consolidation list.

By January 1 of each year, the Division of Elementary and Secondary Education shall publish a:

  1. List of all school districts with fewer than three hundred fifty (350) students according to the school district average daily membership in the school year immediately preceding the current school year; and
  2. Consolidation list that includes all school districts with fewer than three hundred fifty (350) students according to the school district average daily membership in each of the two (2) school years immediately preceding the current school year.

History. Acts 2003 (2nd Ex. Sess.), No. 60, § 3; 2005, No. 2151, § 22; 2011, No. 989, § 10; 2019, No. 910, § 1169.

Amendments. The 2011 amendment subdivided the former section; and substituted “By January 1 of each year” for “By February 1, 2004, and each January 1 thereafter” in the introductory language.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language.

6-13-1603. Administrative reorganization.

    1. Any school district included in the Division of Elementary and Secondary Education's consolidation list under § 6-13-1602 may voluntarily agree to administratively consolidate with or be annexed to another school district or districts in accordance with the requirements and limitations of this section.
      1. Any school district on the consolidation list choosing to voluntarily administratively consolidate or annex shall submit a petition for approval to the State Board of Education by March 1 immediately following publication of the list and shall set forth the terms of the administrative consolidation or annexation agreement in the petition.
      2. If the petition is approved by the state board, the administrative consolidation or annexation shall be completed by May 1, to be effective July 1 immediately following the publication of the list required under § 6-13-1602.
    2. A school district on the consolidation list that does not submit a petition under subdivision (a)(2)(A) of this section or that does not receive approval by the state board for a voluntary consolidation or annexation petition shall be administratively consolidated by the state board with or into one (1) or more school districts by May 1, to be effective July 1 immediately following the publication of the list required under § 6-13-1602 unless the school district has been granted a waiver under § 6-13-1613.
    3. The state board shall promptly consider petitions or move on its own motion to administratively consolidate a school district on the consolidation list in order to enable the affected districts to reasonably accomplish any resulting administrative consolidation or annexation by July 1 immediately following the publication of the list required under § 6-13-1602.
    4. The state board shall not deny the petition for voluntary administrative consolidation or annexation of any two (2) or more school districts unless:
      1. The provisions contained in the articles of administrative consolidation or annexation would violate state or federal law; or
      2. The voluntary consolidation or annexation would not contribute to the betterment of the education of students in the school district.
  1. Any school district required to be administratively consolidated under this subchapter shall be administratively consolidated in such a manner as to create a resulting district with an average daily membership meeting or exceeding three hundred fifty (350).
  2. All administrative consolidations or annexations under this section shall be accomplished so as not to create a school district that hampers, delays, or in any manner negatively affects the desegregation of another school district in this state.
  3. In the administratively consolidated or annexed school districts created under this subchapter, the ad valorem tax rate shall be determined as set forth under § 6-13-1409.
  4. Nothing in this section shall be construed to require the closing of any school or school facility.
  5. No administratively consolidated or annexed district shall have more than one (1) superintendent.
  6. Any school district not designated as being in academic or fiscal distress for the current school year and previous two (2) school years that administratively receives by consolidation or annexation a school district designated by the state board as being in academic or fiscal distress at the time of consolidation or annexation shall not be subject to academic or fiscal distress sanctions for a period of three (3) years from the effective date of consolidation unless:
    1. The school district fails to meet minimum teacher salary requirements; or
    2. The school district fails to comply with the Standards for Accreditation of Arkansas Public Schools and School Districts issued by the division.
  7. Noncontiguous school districts may voluntarily consolidate if the facilities and physical plant of each school district:
    1. Are within the same county, and the state board approves the administrative consolidation; or
    2. Are not within the same county, and the state board approves the administrative consolidation or administrative annexation and finds that:
      1. The administrative consolidation or administrative annexation will result in the overall improvement in the educational benefit to students in all of the school districts involved; or
      2. The administrative consolidation or administrative annexation will provide a significant advantage in transportation costs or service to all of the school districts involved.
  8. Contiguous school districts may administratively consolidate even if they are not in the same county.
  9. The state board shall promulgate rules to facilitate the administration of this subchapter.
  10. The provisions of §§ 6-13-1415 — 6-13-1417 shall govern the board of directors of each resulting district or receiving district created under this subchapter.

History. Acts 2003 (2nd Ex. Sess.), No. 60, § 3; 2005, No. 1397, § 1; 2005, No. 1962, § 9; 2005, No. 2151, § 23; 2011, No. 1217, § 5; 2015, No. 377, § 1; 2019, No. 910, §§ 1170, 1171.

Amendments. The 2011 amendment substituted “§ 6-13-14156-13-1417” for “§ 6-13-1406” in (k).

The 2015 amendment, in (a)(3), substituted “A” for “Any” and added “unless the school district has been granted a waiver under § 6-13-1613” to the end.

The 2019 amendment substituted “Division of Elementary and Secondary Education’s” for “Department of Education’s” in (a)(1); and substituted “division” for “department” in (g)(2).

6-13-1604. [Repealed.]

Publisher's Notes. This section, concerning administrative consolidation assistance funds, was repealed by Acts 2005, No. 2151, §§ 24, 25. The section was derived from Acts 2003 (2nd Ex. Sess.), No. 60, § 3; 2003 (2nd Ex. Sess.), No. 80, § 1.

6-13-1605. [Repealed.]

Publisher's Notes. This section, concerning charter schools, was repealed by Acts 2005, No. 2151, § 26. The section was derived from Acts 2003 (2nd Ex. Sess.), No. 60, § 3.

6-13-1606. [Repealed.]

Publisher's Notes. This section, concerning development of plan to track student progress, was repealed by Acts 2017, No. 745, § 14. The section was derived from Acts 2005, No. 1198, § 1; 2009, No. 376, § 12.

6-13-1607. Retention of historical records and documents.

Following the annexations or consolidations under §§ 6-13-16016-13-1603 effective before December 1, 2004, and before any consolidation, annexation, detachment, approval of a conversion charter, or any other type of reclassification or reorganization of a school district after December 31, 2004, a receiving or resulting school district shall obtain and retain all student and historical records and documents from the affected school district, specifically including, but not limited to:

  1. Student transcripts;
  2. Graduation records;
  3. Minutes and other legal documents of the local board of directors;
  4. Maps or boundary documents;
  5. Sports records, trophies, and awards;
  6. Employee records; and
  7. Financial records.

History. Acts 2005, No. 2146, § 1.

6-13-1608. Audit required.

  1. Arkansas Legislative Audit shall conduct a comprehensive financial review of all the school district's financial matters for any school that is involved in administrative consolidation or administrative annexation or is otherwise reorganized by the State Board of Education.
  2. The comprehensive financial review shall begin no less than ten (10) days after the earliest of:
    1. The publication of the district's name on the consolidation and annexation list under § 6-13-1602;
    2. The filing of a petition for voluntary administrative consolidation or administrative annexation; or
    3. The adoption of a motion by the state board to consolidate, annex, or otherwise reorganize a school district designated as being in academic or fiscal distress.
    1. Beginning on the date of publication of the consolidation list under § 6-13-1602 each year, the Division of Elementary and Secondary Education shall have authority to oversee all fiscal and accounting-related matters of all school districts on the consolidation list and shall require those school districts to have accurate records necessary to close all books within sixty (60) days after the end of the fiscal year.
    2. No contract or other debt obligation incurred by a school district for which the division has oversight authority under this section shall be valid or enforceable against a resulting school district unless the contract or other debt obligation is preapproved in writing by the Commissioner of Elementary and Secondary Education or his or her designee.
  3. Any school that is involved in an administrative consolidation or administrative annexation shall have an audit started within thirty (30) days of the completion of the closing of the books by the school district.
  4. The division and Arkansas Legislative Audit shall jointly develop the scope and details of the comprehensive fiscal review consistent with the requirements of this section.
  5. A school district may not incur debt without the prior written approval of the division if the school district is identified by the division under § 6-13-1602(1) as having fewer than three hundred fifty (350) students according to the school district average daily membership in the school year immediately preceding the current school year.

History. Acts 2005, No. 1236, § 1; 2011, No. 989, § 11; 2019, No. 910, § 1172.

Amendments. The 2011 amendment added (f).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c)(1); substituted “Division of Elementary and Secondary Education” for “department” in (c)(2), in (e), and twice in (f); and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (c)(2).

6-13-1609. Preservation of historical school artifacts.

Following the administrative consolidations or administrative annexations under §§ 6-13-16016-13-1603, 6-13-1604 [repealed], and 6-13-1605 [repealed] effective before December 1, 2004, and before any consolidation, annexation, detachment, approval of a conversion charter, or any other type of reclassification or reorganization of a school district after December 31, 2004, a receiving district or resulting district shall obtain, retain, preserve, and, as appropriate, display historical artifacts of the affected district in the same manner as if the historical artifacts were those of the receiving district or resulting district.

History. Acts 2005, No. 2229, § 1; 2007, No. 1594, § 1; 2009, No. 376, § 13.

Amendments. The 2009 amendment made minor stylistic changes.

6-13-1610. Financial relief for debts acquired as a result of involuntary consolidations — Definitions.

  1. As used in this section:
    1. “Accounts payable” means a debt owed by a school district on June 30 immediately before administrative consolidation, excluding bonded indebtedness or other long-term debt;
    2. “Act 60 school district” means a school district that was on the consolidation list under § 6-13-1602 and was involuntarily consolidated under § 6-13-1603(a)(3);
    3. “Available funding” means funds that are available to a school district for paying accounts payable or are reasonably expected to be collected and available for payment of accounts payable;
    4. “Excess accounts payable” means accounts payable of an Act 60 school district that exceed available funding; and
    5. “Improper expenditure exceptions” means an erroneous expenditure of federal or state funds that is noted as an audit exception and has been determined by the Division of Elementary and Secondary Education to require an expenditure of funds by the resulting district to be correct.
  2. If on July 1, 2004, or thereafter, the State Board of Education required an involuntary administrative consolidation under § 6-13-1603(a)(3) and the resulting district assumed excess accounts payable or improper expenditure exceptions incurred by the Act 60 school district before the July 1 administrative consolidation date that would have caused deficit spending if paid from the funds of the Act 60 school district, the division shall provide supplemental funding to the resulting district.
    1. The amount of the supplemental funding provided under subsection (b) of this section shall be equal to the amount of the excess accounts payable and improper expenditure exceptions assumed by the resulting district.
      1. The amount of accounts payable, excess accounts payable, improper expenditure exceptions, and available funding shall be determined by the division based on information provided in a final audit and other verifiable fiscal information available to the division.
      2. The audit of an Act 60 school district required under this section shall be completed within the time under § 6-20-1801(d) for school districts in fiscal distress.
    2. No supplemental funding shall be paid under this section until after completion of a final audit by Arkansas Legislative Audit or a private certified public accountant that may conduct school district audits under § 6-20-1801.
    1. Beginning on the date of the publication of the consolidation list under § 6-13-1602 each year, the division shall have authority to oversee all fiscal and accounting-related matters of all school districts on the consolidation list and shall require these school districts to have accurate records necessary to close all books within sixty (60) days of the end of the fiscal year.
    2. No contract or other debt obligation incurred by a school district for which the division has oversight authority under this section shall be valid or enforceable against a resulting district unless the contract or other debt obligation is preapproved in writing by the Commissioner of Elementary and Secondary Education or his or her designee.

History. Acts 2005, No. 2230, § 1; 2019, No. 910, §§ 1173-1176.

A.C.R.C. Notes. References to “Act 60” in this section mean Acts 2003 (2nd Ex. Sess.), No. 60.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” and “division” for “department” throughout the section; and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (d)(2).

6-13-1611. Reports.

  1. By October 1 of each year, the resulting district or receiving district of any school district that was administratively consolidated or administratively annexed under §§ 6-13-1601 — 6-13-1603 shall file a written report with the House Committee on Education, the Senate Committee on Education, and the Division of Elementary and Secondary Education indicating:
    1. What efforts were made and the results of those efforts for inclusion of parents from the affected district in the receiving district's or the resulting district's activities, including without limitation:
      1. Parent-teacher associations;
      2. Booster clubs; and
      3. Parent involvement committees;
    2. The number and percentage of students from the affected districts participating in an extracurricular activity, itemized by each extracurricular activity offered by the school district and, for each activity, which school district the student attended before reorganization; and
    3. The employment status of each administrator by name, gender, and race before the administrative annexation or administrative consolidation, which school employed the administrator before administrative consolidation, and his or her employment status in the receiving district or the resulting district.
  2. The division shall develop or approve a survey to be used by the resulting districts or receiving districts to capture perceptual data from parents and students regarding their opinions on:
    1. Opportunities for inclusion or participation in the resulting district or receiving district; and
    2. The efforts, if any, that were made to include parents from the affected district in the receiving district's or resulting district's activities, including, but not limited to, parent-teacher associations, booster clubs, and parent involvement committees.

History. Acts 2005, No. 2321, § 1; 2009, No. 376, § 14; 2019, No. 910, §§ 1177, 1178.

Amendments. The 2009 amendment substituted “October 1 of each year” for “October 1, 2005, and by October 1 of each year thereafter” in (a); redesignated (a)(1); and made minor stylistic changes.

The 2019 amendment, in the introductory language of (a), substituted “Division of Elementary and Secondary Education” for “Department of Education”, and deleted “6-13-1604, and 6-13-1605” following “6-13-1603”; and substituted “division” for “department” in the introductory language of (b).

6-13-1612. Academic support centers.

  1. The purpose of this section is to:
    1. Prevent students who attend administratively consolidated or administratively annexed schools from returning home to communities with little or no opportunities for supplemental academic support;
    2. Increase opportunities for access to library materials, academic resource materials, and educational technology for these students within their local communities; and
    3. Help advance academic performance for these students by providing opportunities for homework and tutorial assistance based on the Arkansas curriculum frameworks.
  2. An academic support center may be established in communities whose schools have been closed by administrative consolidation or administrative annexation under this subchapter to fulfill the objectives identified in subsection (a) of this section.
  3. The Division of Elementary and Secondary Education shall:
    1. Establish rules to implement this section; and
    2. Report annually to the House Committee on Education and the Senate Committee on Education regarding the establishment of academic support centers and their effectiveness.

History. Acts 2007, No. 1575, § 1; 2019, No. 910, § 1179.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (c).

6-13-1613. Minimum school district size waiver.

    1. A school district that is placed on the consolidation list published by the Division of Elementary and Secondary Education under § 6-13-1602(2) may annually request a waiver from the average daily membership requirement of three hundred fifty (350) students from the State Board of Education.
    2. A school district shall submit a petition for a waiver to the state board no later than thirty (30) days after the consolidation list is published.
    3. The petition for a waiver shall include:
      1. The average daily membership of the school district in the current school year;
      2. A statement that the school district is not in probationary status for any violation of the Standards for Accreditation of Arkansas Public Schools and School Districts;
      3. A copy of the school district's current year budget and any fiscal audit conducted within the previous two (2) years; and
      4. A statement of assurance that the school district is not currently classified in Level 5 — Intensive support, fiscal distress, or facilities distress.
    1. The state board shall render a decision to either grant or reject a petition for waiver that is received by a school district within forty-five (45) days of receipt.
    2. The state board shall grant a petition for a waiver if it is demonstrated by the school district that:
      1. The school district is not currently classified in Level 5 — Intensive support, fiscal distress, or facilities distress;
      2. The school district is not in probationary status for a violation of the Standards for Accreditation of Arkansas Public Schools and School Districts;
      3. The academic facilities owned and operated by the school district are adequate as evidenced by the school district's facilities master plan; and
      4. It is in the best interest of the students in the school district to keep the school district open due to the length of potential time spent on the bus by a student traveling to and from school should the school district be administratively reorganized, as assured by the school board of directors of the school district requesting the waiver.
    3. The state board may revoke a waiver that has been granted to a school district at any time if it is found that the conditions under subdivision (b)(2)(A) of this section change.
  1. A school district that is granted a waiver shall remain listed on the consolidation list that is published annually by the division.

History. Acts 2015, No. 377, § 2; 2017, No. 936, §§ 11, 12; 2019, No. 910, § 1180.

Amendments. The 2017 amendment substituted “Level 5 — Intensive support” for “academic distress” in (a)(3)(D) and (b)(2)(A).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1).

Subchapter 17 — Institutional Law Enforcement Officers

6-13-1701. Definitions.

As used in this subchapter:

  1. “Executive head” means a superintendent of a public school district or the head of an open-enrollment public charter school;
  2. “Institution” means property that is owned and operated by a public school district or an open-enrollment public charter school;
  3. “Institutional law enforcement officer” means an individual who is appointed under this subchapter by an executive head to exercise law enforcement authority on the property of an institution;
  4. “Primary jurisdiction” means the property over which an institutional law enforcement officer may exercise authority; and
  5. “Property” means both real and personal property that is owned by or under the control of an institution, and includes without limitation all highways, streets, alleys, and rights-of-way that are contiguous or adjacent to real and personal property that is owned or controlled by an institution.

History. 2019, No. 629, § 1.

6-13-1702. Applicability.

    1. This subchapter applies to all property that is owned or under the control of an institution.
    2. However, this subchapter shall not interfere with the ownership or control that is vested in the board of directors of each institution regarding its property.
  1. This subchapter shall be in addition to any rights that an institution has with respect to enforcing its rules, including without limitation an institution's right to:
    1. Impose sanctions through fees and charges;
    2. Discipline an individual;
    3. Deny service to an individual; and
    4. Expel an individual.

History. 2019, No. 629, § 1.

6-13-1703. Appointment and removal of institutional law enforcement officers.

    1. An executive head of an institution may designate and appoint at least one (1) of the employees of the institution as an institutional law enforcement officer.
    2. An employee appointed as an institutional law enforcement officer under subdivision (a)(1) of this section shall exercise the authority of a law enforcement officer under the laws of this state.
  1. Before an executive head appoints an institutional law enforcement officer under subdivision (a)(1) of this section, the institution shall appear before the Arkansas Commission on Law Enforcement Standards and Training to request the creation of a new law enforcement agency as required under § 12-9-118.
  2. An institutional law enforcement officer under this section shall:
    1. Have all powers provided by law to law enforcement officers, which shall be exercised as required for the protection of the institution that appointed the institutional law enforcement officer; and
    2. Meet the standards and qualifications for certification required by the commission.
  3. The appointment of an institutional law enforcement officer under this section shall not supersede the authority of the:
    1. City police and county sheriffs with jurisdiction over the property or individuals of an institution; and
    2. Division of Arkansas State Police.
  4. An institutional law enforcement officer appointed under this section shall:
    1. Be identified by a shield or a badge bearing the name of the institution for which the institutional law enforcement officer is employed; and
      1. Have an identification card bearing his or her photograph.
      2. An identification card under subdivision (e)(2)(A) of this section shall be carried on the institutional law enforcement officer's person at all times while he or she is on duty and shall be displayed upon request.
    1. An institutional law enforcement officer's authorization to exercise powers provided by law for law enforcement officers shall be evidenced by a letter of appointment issued under the seal of an institution.
    2. An executive head or his or her designee shall maintain a file that contains:
      1. Each institutional law enforcement officer's authorization certificate as required under subdivision (f)(1) of this section; and
      2. Certificates and information as required by the commission.
    1. An executive head may revoke, in writing, an institutional law enforcement officer's authority granted under this subchapter.
    2. A copy of a revocation issued under subdivision (g)(1) of this section shall be included in the file required under subdivision (f)(2) of this section.
    3. The commission shall be notified by the institution of any change in the status of an institutional law enforcement officer.

History. 2019, No. 629, § 1.

6-13-1704. Powers and duties of an institutional law enforcement officer.

  1. An institutional law enforcement officer appointed under this subchapter, except to the extent limited by the executive head who appointed the institutional law enforcement officer, shall:
    1. Protect property;
    2. Preserve and maintain proper order and decorum;
    3. Address and prevent unlawful assemblies;
    4. Address and prevent disorderly conduct;
    5. Exclude or eject an individual who is deemed by the institution to be detrimental to the well-being of the institution;
    6. Address and prevent trespass;
    7. Regulate the operation and parking of motor vehicles on and in the grounds, buildings, improvements, streets, alleys, and sidewalks that are under the control of the institution for which the institutional law enforcement officer works; and
    8. Exercise police supervision on behalf of the institution for which the institutional law enforcement officer works.
  2. An institutional law enforcement officer may:
    1. Arrest, if necessary, an individual who commits an offense that violates a:
      1. Law; or
      2. City ordinance of the city in which the institution is located;
    2. Deliver a person that the institutional law enforcement officer has arrested under subdivision (b)(1) of this section before a court of competent jurisdiction; and
    3. Summon a posse comitatus if necessary to keep the peace.
  3. An institutional law enforcement officer may make an arrest for an offense that violates a law outside of his or her primary jurisdiction if the institutional law enforcement officer is:
    1. Summoned by another law enforcement agency to provide assistance;
    2. Assisting another law enforcement agency; and
      1. Traveling to or from a location within the state for purposes of official business.
      2. Official business under subdivision (c)(3)(A) of this section includes without limitation:
        1. Engaging in intelligence-gathering activities related to security on property under the control of the institution that employs the institutional law enforcement officer;
        2. Investigating a crime committed on property under the control of the institution that employs the institutional law enforcement officer;
        3. Transporting money, securities, or other items of value on behalf of the institution that employs the institutional law enforcement officer;
        4. Providing security or protective services for students, officials, or visiting dignitaries of the institution; and
        5. Pursuing an individual in a continuous and immediate manner for an offense the individual committed on property under the control of the institution that employs the institutional law enforcement officer or in view of the institutional law enforcement officer.
    1. When an arrest is made outside of an institutional law enforcement's primary jurisdiction under subsection (c) of this section, the law enforcement agency that has jurisdiction in the location in which the arrest occurred shall be notified promptly and shall receive a written report that is forwarded by the institutional law enforcement officer no later than the institutional law enforcement officer's next working day.
    2. A law enforcement agency that has jurisdiction under subdivision (d)(1) of this section may:
      1. Take over the investigation of the offense for which the arrest was made; or
      2. Allow the institutional law enforcement officer to bring the arrested individual before a court of competent jurisdiction.

History. 2019, No. 629, § 1.

6-13-1705. Institutional law enforcement officers — Personal liability.

An institutional law enforcement officer appointed under this subchapter is not personally liable for injuries to individuals or damages to property while the institutional law enforcement officer is acting within the scope of his or her authority as authorized by this subchapter.

History. 2019, No. 629, § 1.

6-13-1706. Prosecution and fines.

  1. A prosecuting attorney or city attorney with jurisdiction shall appear and prosecute all actions that arise in a court under this subchapter.
  2. All fines collected by a court under this subchapter shall be paid into the same fund as are fines levied for the same or similar violations by the court hearing the matter.

History. 2019, No. 629, § 1.

6-13-1707. Motor vehicles on institutional property — Rules.

  1. An institution may promulgate rules for the operation and parking of motor vehicles on the property of the institution, including without limitation rules regarding the:
      1. Rate of speed.
      2. Speed limits shall be posted at reasonable intervals;
      1. Assignment and designation of parking spaces and the collection of charges or fees as rent for those parking spaces.
      2. Charges or fees collected under subdivision (a)(2)(A) of this section, other than charges and fees collected for parking or parking passes for athletic events or other special events at the institution, are not considered payment for the providing of any service of any nature to the individual required to pay the charges or fees as rent and shall be exempt from the tax levied by § 26-52-301(3);
      1. Prohibition of parking.
      2. For purposes of appearance, a notice left on a motor vehicle is sufficient to constitute a summons;
    1. Removal of vehicles, at the expense of the violator, that are parked in violation of institutional rules or city ordinances;
    2. Establishment of a system of motor vehicle registration for the identification and regulation of motor vehicles that regularly use property of the institution, including without limitation a reasonable charge to defray costs associated with the identification and regulation of the motor vehicles; and
      1. Collection, under an established system, of administrative charges for violations of institutional rules under this section that govern motor vehicles, the operation of motor vehicles, and the parking of motor vehicles.
      2. An administrative finding of a violation under subdivision (a)(6)(A) of this section may be appealed to the district court with jurisdiction, where the matter shall be heard de novo.
  2. Rules promulgated under this section shall be:
    1. Recorded in the official minutes of the board of directors that has supervision of the institution;
    2. Filed as required under state law; and
    3. Printed, with copies available at convenient locations throughout the institution.
  3. Traffic and parking directions and prohibitions under this section shall be indicated by signs at regular intervals throughout the institution.
    1. An individual who violates institutional rules promulgated under this subchapter shall be subjected to reasonable administrative charges under this section.
    2. An administrative determination under this section may be appealed to the district court with jurisdiction, where the matter shall be heard de novo.

History. 2019, No. 629, § 1.

Chapter 14 School Elections

Cross References. Payment of poll tax eliminated as voting requirement, Ark. Const., Amend. No. 51.

Preambles. Acts 1951, No. 403, contained a preamble which read:

“Whereas, the statutes governing the notice for and the holding of school elections contain conflicting and overlapping requirements that result in unnecessary and burdensome costs upon the school districts of Arkansas, and also result in some uncertainty regarding proper procedure, and should be simplified;

“Now, therefore … .”

Effective Dates. Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1935, No. 30, § 13: Feb. 14, 1935. Emergency clause provided: “This act being necessary for the immediate preservation of public peace, health and safety, an emergency is hereby declared to exist for the reason that the condition of the public schools is such that the changes called for in this act are imperative and that the passage of this bill will remedy the present unworkable law as to the number of school directors authorized and this act shall take effect and be in force from and after its passage and approval as an emergency measure.”

Acts 1951, No. 403, § 10: Mar. 26, 1951. Emergency clause provided: “It is hereby ascertained and declared that many school districts of the state now engaged in building programs needed for the instruction and care of the pupils are being delayed because of uncertainties in the present laws governing school elections, and that therefore an emergency exists, and this act, being necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1979, No. 117, § 3: Feb. 13, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that under the present law regarding the designation of polling places for school district elections, when a school district consists of territory in two or more counties, the county board of election commissioners of the county in which the district is administered is required to designate at least one polling place in each county in which any part of the district lies; that in the case of some districts having territory in more than one county, it is impractical to have a polling place in some counties in which a part of the district lies due to the fact of the limited accessibility of the area by regularly travelled roads and highways and the small numbers of voters in the area; that in some cases it would be more appropriate to have all polling places located in the county in which the school district is administered and that this Act is designed to permit the county board of election commissioners of the county in which the district is administered to designate polling places within that county for all electors of the district; and that this Act should be given effect at the earliest possible date. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1979, No. 829, § 3: Apr. 10, 1979. Emergency clause provided: “It is hereby found and determined by the Seventy-Second General Assembly that in many instances voters are not getting prior notice of polling places prior to school elections, and that this Act is immediately necessary to assure that the voters of this State are notified of such polling places. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 845, § 3: Apr. 8, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that this Act should go into effect prior to the next school election and that the next school election will occur in March of 1987, and that unless this emergency clause is adopted this Act will not go into effect until after that school election. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 969, § 1: effective in the year 1988 and annually thereafter.

Acts 1988 (3rd Ex. Sess.), No. 4, § 3: Feb. 5, 1988. Acts 1988 (3rd Ex. Sess.) No. 11, § 3: Feb. 9, 1988. Emergency clauses provided: “It is hereby found and determined by the General Assembly that some school districts in this State have incurred substantial damage to their physical facilities as a result of fire and other natural disasters; that as a result there is a need for the next annual school election to be held on a date other than the third Tuesday in September as now required by law; and that this Act so provides. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1992 (1st Ex. Sess.), No. 62, § 5: Mar. 19, 1992. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that under Ark. Code § 26-80-111, when two or more school districts are consolidated into one district, the rates of millages voted in the former separate districts remain in effect until such time as a new common millage rate proposed in the new district is approved by a majority of the electors voting in the annual school election in the new district; it is further determined by the General Assembly that the current law results in serious inequities when substantially different millage rates were levied in the former districts and the electors of the new district fail to approve a single rate for the new district; that this act should go into effect immediately in order to eliminate these inequities and provide a more solid basis for those districts that have consolidated or are considering consolidation. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 181, § 6: Feb. 19, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas that some school districts in this state incurred substantial damages to their physical facilities from fires or other natural disasters occurring prior to the 1992 annual school election, but too late to enable such districts to change the date of the 1992 election, that present law does not clearly permit such districts to change the date of the 1993 election, and that there is an urgent need for such school districts to be able to advance the date of the 1993 election to obtain voter approval for new continuing annual debt service taxes to retire bonds to be issued to finance restoration of the physical facilities of the district. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1994 (1st Ex. Sess.), No. 1, §§ 7, 11: retroactive to Feb. 1, 1994. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly that application of the current formula used in the computation of Minimum Foundation Program Aid for allocation to local school districts will result in significant inequities among the school districts; that this Act will require the formula to utilize a charged assessment levied against each district's assessed valuation based on actual assessment figures; that failure to implement this Act immediately will cause undue hardships to schools. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the preservation of the public peace, health, and safety shall be in full force and effect retroactive to February 1, 1994.”

Identical Acts 1995, Nos. 930 and 941, § 3: Jan. 1, 1996.

Acts 1995, No. 1131, § 5: Apr. 10, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that an error in the content or date of publication of a school district budget may, under present law, result in severe impairment of district operations for the then ensuing school year. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 545, § 5: Mar. 17, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is in the best interests of efficiency and the voting public that any changes in law pertaining to the authority of the county election commissioners to fix polling places be enacted immediately. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1120, § 5: Apr. 5, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that some school districts in this state have incurred substantial damages to their physical facilities from fires or other natural disasters and find, subsequent to the annual school election, that insurance proceeds are insufficient to restore the facilities; that current law does not permit local school districts to change the date of the annual election in such circumstances. It is further found and determined that Amendment 74 to the Arkansas Constitution authorizes the General Assembly to enact laws providing for special school elections to consider millages supplemental to the uniform rate of tax required by the Constitution and that such special election could be utilized by school districts in unforeseen emergency situations. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1300, § 29: Apr. 10, 1997. Emergency clause provided: “It is found and determined by the General Assembly that Amendment No. 74 to the Arkansas Constitution was adopted by the electors of this state on November 5, 1996; that Amendment No. 74 became effective on adoption and applies to ad valorem property taxes due in 1997; that the tax books of each county will open for collection of taxes in the near future and that local officials and school districts must have direction on procedures and effects of the various actions required. The General Assembly further finds that Amendment No. 74 requires enactment of legislation to implement the provisions thereof and that this act provides such implementation and should be given effect immediately to accomplish the purposes of Amendment No. 74 in an orderly, effective and efficient manner. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1078, § 92: effective July 1, 2000.

Acts 2001, No. 994, § 2: Mar. 21, 2001. Emergency clause provided: “It is hereby found and determined by the Eighty-third General Assembly that elections for school district directors occur in September and if this act does not become effective immediately, candidates for school district directors will be unable to take advantage of the provisions of this act. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 1473, § 74: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act includes technical corrects to Act 923 of 2003 which establishes the classification and compensation levels of state employees covered by the provisions of the Uniform Classification and Compensation Act; that Act 923 of 2003 will become effective on July 1, 2003; and that to avoid confusion this act must also effective on July 1, 2003. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Acts 2003 (2nd Ex. Sess.), No. 28, § 10: Emergency clause failed to pass. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court has declared that the current method that the state uses to determine compliance with Amendment 74 to be unconstitutional and has instructed the General Assembly to take action before the termination of the court's stay of its mandate. It is also found that the people must be informed as early as possible the impact of the court's ruling on the property taxes that they pay for education. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2003 (2nd Ex. Sess.), No. 105, § 12: Feb. 10, 2004. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court has declared that the current method that the state uses to determine compliance with Amendment 74 to be unconstitutional and has instructed the General Assembly to take action before the termination of the court's stay of its mandate. It has also found that the people must be informed as early as possible of the impact of the court's ruling on the property taxes that they pay for education. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 2233, § 48: effective Jan. 1, 2006.

Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1480, § 117: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act makes various revisions to Arkansas election laws that are designed to improve the administration of elections and special elections and that these revisions should be implemented as soon as possible so that the citizens of this state may benefit from improved election procedures. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 1185, § 21: Oct. 2, 2011.

Identical Acts 2016 (3rd Ex. Sess.), Nos. 14 and 15, § 8: May 23, 2016. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that school districts that have chosen to hold their annual school election in November of this year are currently required to print separate ballots from the general election ballots at an extraordinary and unnecessary expense to taxpayers; that some voters in the annual school election this November will have to vote at a separate location for the general election and for the annual school election even though the elections are held on the same day which may decrease voter turnout and infringe upon the suffrage rights of those voters; and that this act is immediately necessary to ensure the voting rights of all citizens of Arkansas and to eliminate unnecessary election costs. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2017, No. 910, § 8: Jan. 1, 2018.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Am. Jur. 67B Am. Jur. 2d, Schools, § 16 et seq.

6-14-101. Applicability of general election laws.

The general election laws shall apply to school elections insofar as they are not in conflict with the school election laws.

History. Acts 1991, No. 496, § 1.

Publisher's Notes. Former § 6-14-101, concerning the applicability of general election laws, was repealed by Acts 1987, No. 248, § 16. The former section was derived from Acts 1949, No. 56, § 1; A.S.A. 1947, § 80-317.

6-14-102. Annual school election date — Special school election.

      1. The annual school election shall be held in each school district of the state:
        1. In even-numbered years, on the date of the:
          1. Preferential primary election; or
          2. General election; and
        2. In odd-numbered years, on the:
          1. First Tuesday following the first Monday in November; or
          2. Third Tuesday in May.
        1. A school district shall adopt a policy setting forth which election date under subdivision (a)(1)(A) of this section the school district chooses to hold the annual school election upon.
        2. At least one hundred (100) days before the first day of the respective candidate filing period set forth in § 6-14-111(e)(1)(A), a school district shall provide a copy of the policy under subdivision (a)(1)(B)(i) of this section to:
          1. The county board of election commissioners of the county in which the school district is domiciled for administrative purposes; and
          2. The county clerk of each county within the school district's boundaries.
        3. If a school district fails to timely provide a copy of its most current policy to the county board of election commissioners and county clerks in accordance with subdivision (a)(1)(B)(ii) of this section, the school district shall be required to hold the school district's annual school election in accordance with the most recent policy the school district has provided to the county board of election commissioners and county clerks.
    1. The annual school election shall only concern issues authorized to be on the ballot by the Arkansas Constitution or by statute. Issues to be considered in the annual school election may be printed on the same ballot as the ballot of any other election lawfully held on the same date as the annual school election.
  1. The board of directors of any school district shall have the authority to hold a school election concerning the tax rate or debt issues on a date other than that fixed by law provided that:
    1. All constitutional and statutory requirements for the annual school election are met, notwithstanding subsection (a) of this section;
    2. The election is held before the date of the annual school election; and
    3. The Commissioner of Elementary and Secondary Education approves the date of the election.
    1. In any election year in which the annual school election is not held at the same time as a preferential primary or general election, if no more than one (1) candidate for any school district director position presents a petition or notice as required by § 6-14-111 and if there are no other ballot issues to be submitted to school district electors for consideration, with the exception of the local tax rate if that rate is not being changed or restructured, the board of directors of any school district, by resolution, may request the county board of election commissioners to:
      1. Reduce the number of polling places;
      2. Open no polling places on election day so that the election can be conducted by absentee ballot and early voting only; or
      3. Open no polling places on election day and hold an election by candidate under the procedure in § 7-11-107(b).
      1. If the annual school election is not held at the same time as a preferential primary election or general election and upon request by proper resolution adopted by the board of directors of any school district, the county board of election commissioners may provide that no polling places be open on election day so that the election can be conducted by:
        1. Absentee ballot and early voting only; or
        2. Election by candidate under the procedure in § 7-11-107(b).
      2. If a county uses electronic voting machines or electronic vote tabulating devices, the county board of election commissioners may use:
        1. The electronic voting machines or electronic vote tabulating devices; or
        2. Paper ballots counted by hand and provide no voting machines to be used in the election, notwithstanding any other provision in the Arkansas Code.

History. Acts 1959, No. 248, § 1; 1963, No. 121, § 1; 1967, No. 171, § 1; A.S.A. 1947, § 80-301; Acts 1987, No. 969, § 1; 1988 (3rd Ex. Sess.), No. 4, § 1; 1988, (3rd Ex. Sess.), No. 11, § 1; 1993, No. 181, § 1; 1993, No. 294, § 8; 1994 (1st Ex. Sess.), No. 1, § 6; 1995, No. 1131, § 1; 1995, No. 1281, § 1; 1997, No. 545, § 1; 1997, No. 1120, § 1; 1999, No. 1078, § 49; 1999, No. 1196, § 1; 2003, No. 1295, § 1; 2003, No. 1441, § 3; 2005, No. 1174, § 1; 2005, No. 2145, § 3; 2005, No. 2233, § 1; 2007, No. 1049, § 4; 2009, No. 959, § 46; 2009, No. 1469, § 2; 2013, No. 1215, § 1; 2015, No. 1244, § 1; 2015, No. 1281, § 1; 2016 (3rd Ex. Sess.), No. 14, § 1; 2016 (3rd Ex. Sess.), No. 15, § 1; 2017, No. 910, § 1; 2019, No. 545, § 1; 2019, No. 552, § 1; 2019, No. 597, § 1.

A.C.R.C. Notes. Former subsection (d) was specifically repealed by Acts 2005, No. 1174, § 1. Subsection (d) was amended by Acts 2005, No. 2145, § 3 and Acts 2007, No. 1049, § 4 to read as follows:

“(d) The board of directors of any school district shall have the authority to request the county board of election commissioners to call a special election to be held on a date in accordance with § 7-5-103(b)(3) and (4) for the purpose of considering a rate of tax for additional millages for maintenance and operations or for debt service as authorized by Arkansas Constitution, Amendment 74, provided that:

“(1) All constitutional and statutory requirements for a special school election are met; and

“(2) The date of the election is approved by the commissioner.”

Publisher's Notes. Acts 1993, No. 181, § 2 provided that the act “shall be applicable to fires and other natural disasters occurring after July 15, 1992.”

Acts 2017, No. 730, § 6, amended § 7-11-107(b), to revise the “election by candidate” procedure referred to in subsection (c) of this section.

Amendments. The 2009 amendment by No. 959 deleted “in writing to the county board of election commissioners” following “notice” in (c)(1); deleted (c)(2)(B) and (c)(2)(C) and redesignated the remaining subdivisions as (c)(2)(A) and (c)(2)(B); inserted “proper” in (c)(2)(A); and substituted “and may provide that no voting machines shall be used in the election, notwithstanding any other provision in the Arkansas Code” for “in combination with voting machines equipped for use by individuals with disabilities” in (c)(2)(B); and made a related change.

The 2009 amendment by No. 1469, in (c)(1), inserted “any” following “candidate for” and “position” preceding “presents a petition.”

The 2013 amendment rewrote (c)(2)(B).

The 2015 amendment by No. 1244 inserted designations (c)(1)(A) and (c)(1)(B); added (c)(1)(C); inserted designation (c)(2)(A)(i); and added (c)(2)(A)(ii).

The 2015 amendment by No. 1281 added “or the first Tuesday following the first Monday in November of each year” in (a)(1).

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 14 and 15 added (a)(2)(B); added “Except as provided in subdivision (a)(2)(B) of this section” at the beginning of (a)(2)(A); substituted “subsection (a)” for “subdivision (a)(1)” in (b)(1); inserted “in which the annual school election is held in September” in the introductory language of (c)(1); and substituted “the annual school election is held in September and upon request” for “requested” in the introductory language of (c)(2)(A).

The 2017 amendment rewrote (a)(1); in (a)(2)(B), substituted “at the same time as a preferential primary election or general election” for “in November of an even-numbered year” and inserted “preferential primary election ballot or”; and substituted “not held at the same time as a preferential primary or general election” for “held in September” in (c)(1) and made a similar change in (c)(2)(A).

The 2019 amendment by No. 545 rewrote (a)(1)(A).

The 2019 amendment by No. 552 deleted the (a)(2)(A) and (a)(2)(B) designations; in the first sentence of (a)(2), substituted “The annual school election” for “Except as provided in subdivision (a)(2)(B) of this section, the annual school election”, and deleted “and no other issues shall appear on the ballot” following “statute”; in the second sentence of (a)(2), substituted “Issues” for “If the annual school election is held at the same time as a preferential primary election or general election, the issues”, and substituted “as the ballot of any other election lawfully held on the same date as the annual school election” for “as the preferential primary election ballot or general election ballot”.

The 2019 amendment by No. 597 rewrote (a)(1)(B).

Cross References. Time of special elections for initiative and referendum elections, § 14-14-917(a)(4).

Case Notes

Injunction.

Courts are without authority to enjoin the holding of a regular election regularly called. Brown v. McDaniel, 244 Ark. 362, 427 S.W.2d 193 (1968).

Validity of Section.

The fact that the title of the law enacting this section stated that it was to require the annual school election to be held on the last Saturday in September did not invalidate this section, the title being no part of the law. Glover v. Henry, 231 Ark. 111, 328 S.W.2d 382 (1959).

6-14-103. [Repealed.]

Publisher's Notes. This section, concerning postponement of election due to natural disaster, was repealed by Acts 1993, No. 294, § 8. The section was derived from Acts 1979, No. 130, §§ 1-3; A.S.A. 1947, §§ 80-301.1 — 80-301.3; Acts 1987, No. 969, § 2.

6-14-104. [Repealed.]

Publisher's Notes. This section, concerning special election called by the county board of education, was repealed by Acts 1999, No. 1078, § 50. The section was derived from Acts 1931, No. 169, §§ 78, 79, 83, 84; Pope's Dig., §§ 11514, 11515, 11517, 11518; A.S.A. 1947, §§ 80-312 — 80-314; Acts 1987, No. 248, § 16.

6-14-105. [Repealed.]

Publisher's Notes. This section, concerning special elections on petition of a school district board of directors, was repealed by Acts 2005, No. 1174, § 2. The section was derived from Acts 1951, No. 403, § 3; A.S.A. 1947, § 80-320; Acts 2003, No. 1441, § 4.

A.C.R.C. Notes. The repeal of this section by Acts 2005, No. 1174, § 2, superseded the amendment of this section by Acts 2005, No. 2145, § 4. The amendment by Acts 2005, No. 2145, § 4, amended subsection (b) to alter the dates on which special elections could be held.

6-14-106. Polling places — Qualifications and appointment of election commissioners and poll workers.

    1. Except as provided under subdivision (a)(5) of this section, the county board of election commissioners of each county shall designate all the polling sites for each school district in its respective county, including districts having territory in more than one (1) county but which are domiciled in its county for administrative purposes, and shall provide the election supplies and appoint the poll workers for holding all school elections.
    2. The county board of election commissioners shall consult with each school district regarding:
      1. The number of polling sites to designate for each school district; and
      2. The location of the polling sites.
    3. Polling sites for school elections shall be established by a majority vote of the members of the county board of election commissioners present.
      1. Except as provided in subdivision (a)(4)(B) of this section and unless changed by order of the county board of election commissioners, the polling sites for each school election shall be the same as those established for the immediately preceding school election.
      2. If no polling sites were opened in the immediately preceding school election, the polling sites shall be the same as those established for the most recent school election in which polling sites were opened unless changed by order of the county board of election commissioners.
    4. If the annual school election is held at the same time as the preferential primary election or general election, the polling sites for the annual school election shall be the same as the polling sites for the preferential primary or general election.
  1. If the annual school election is held on a date on which no other elections are held and a school district has territory in more than one (1) county, the county board of election commissioners of the county in which the school district is domiciled shall designate in a contested school election one (1) or more polling sites in each county:
    1. In which the school district has territory;
    2. In which school district territory contains a city of the second class or larger; and
    3. That has registered electors.
  2. The county board of election commissioners shall take appropriate action to assure that the necessary precinct registration files are delivered to each polling site in order that the electors in each county may vote in the school election.
  3. [Repealed.]
  4. The county board of election commissioners of the domicile county shall appoint one (1) election judge and one (1) election sheriff for each polling site and as many additional election clerks as are necessary for the efficient administration of elections at each polling site.

History. Acts 1951, No. 403, § 1; 1979, No. 117, § 1; 1979, No. 829, § 1; A.S.A. 1947, §§ 80-318, 80-319.1; Acts 1997, No. 443, § 1; 2005, No. 1174, § 3; 2009, No. 292, § 1; 2009, No. 1294, § 1; 2009, No. 1480, § 3; 2015, No. 1244, § 2; 2016 (3rd Ex. Sess.), No. 14, § 2; 2016 (3rd Ex. Sess.), No. 15, § 2; 2017, No. 910, § 2; 2019, No. 473, § 1; 2019, No. 553, § 1.

Amendments. The 2009 amendment by No. 292 inserted (a)(2) and (a)(3).

The 2009 amendment by No. 1294 rewrote (b) and (c).

The 2009 amendment by No. 1480 rewrote the section heading; substituted “poll workers” for “election officials” in (a)(1); rewrote (a)(3); inserted (a)(4); inserted “school” in the last sentence in (d); and added (e) and (f)

The 2015 amendment rewrote former (a)(4)(A) as (a)(4)(A)(i); and added (a)(4)(A)(ii).

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 14 and 15 added “Except as provided in subdivision (a)(5) of this section” at the beginning of (a)(1); inserted “of election commissioners” in (a)(2); added (a)(5); and inserted “the annual school election is held in September of any year or in November of an odd-numbered year and” in the introductory language of (b).

The 2017 amendment deleted former (a)(4)(B) and redesignated former (a)(4)(A)(i) and (ii) as (a)(4)(A) and (B); in (a)(5), inserted “preferential primary election or” and “preferential primary or”; and substituted “on a date on which no other elections are held” for “in September of any year or in November of an odd-numbered year” in the introductory language of (b).

The 2019 amendment by No. 473 repealed (d).

The 2019 amendment by No. 553 deleted former (e) and redesignated (f)(1) as (e); and deleted (f)(2).

Case Notes

Designation of Precincts.

The designation of voting precincts in a school district election, mandatory before election, becomes directory after the election so that voters otherwise qualified will not be disfranchised by failure of the election commissioners to perform their duties and votes of those voters will be counted. Christenson v. Felton, 226 Ark. 985, 295 S.W.2d 361 (1956).

Election Officers.

Director was not qualified to serve as an election officer in a school election when he was a candidate to succeed himself. State ex rel. Robinson v. Jones, 194 Ark. 445, 108 S.W.2d 901 (1937) (decision under prior law).

Cited: Phillips v. Melton, 222 Ark. 162, 257 S.W.2d 931 (1953); Henley v. Goggins, 250 Ark. 912, 467 S.W.2d 697 (1971).

6-14-107. [Repealed.]

Publisher's Notes. This section, concerning annual school elections, was repealed by Acts 1993, No. 294, § 8. The section was derived from Acts 1937, No. 319, § 1; Pope's Dig., § 11665; A.S.A. 1947, § 80-304; Acts 1987, No. 969, § 3.

6-14-108. Voter qualifications.

All persons who have registered to vote in the manner prescribed by Arkansas Constitution, Amendment 51, at least thirty (30) calendar days immediately before the school election shall be deemed qualified electors of the school district in which they reside and shall have the privilege of voting in all school elections.

History. Acts 1937, No. 319, § 2; Pope's Dig., § 11666; A.S.A. 1947, § 80-305; Acts 1987, No. 248, § 11; 1995, No. 930, § 1; 1995, No. 941, § 1.

Case Notes

Precinct.

Although as a general rule a voter must vote in the ward or precinct in which he resides, votes of otherwise qualified voters in a school district election in which the election commissioners failed to designate voting precincts are not void because cast in the wrong precinct for in the absence of designated precincts there could be no showing of voting in the wrong precinct. Christenson v. Felton, 226 Ark. 985, 295 S.W.2d 361 (1956).

6-14-109. Notice of elections.

  1. The county board of election commissioners shall give notice of all school elections under § 7-5-202.
  2. If a school election for a school district that includes more than one (1) county is conducted by the county board of election commissioners for the domicile county and no county board of election commissioners for a nondomicile county, the notice of election shall be published in one (1) or more newspapers of general circulation in each of the counties in which the district has territory.
  3. The county board of election commissioners shall publish notice of an issue to be placed on the ballot in the manner provided under § 7-5-206.

History. Acts 1951, No. 403, § 2; A.S.A. 1947, § 80-319; Acts 1999, No. 1490, § 1; 2005, No. 1174, § 4; 2016 (3rd Ex. Sess.), No. 14, § 3; 2016 (3rd Ex. Sess.), No. 15, § 3; 2019, No. 473, § 2.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 14 and 15 redesignated former (a), (b), and (c) as (a)(1), (2) and (3), respectively; added “If the school election is held on a date on which no other elections are held” at the beginning of (a)(1); inserted “under this subsection” in (a)(3); added present (b); and made stylistic changes.

The 2019 amendment rewrote the section.

6-14-110. Secret ballot.

All elections shall be by secret ballot, and none of the electors shall be required to sign his or her ballot.

History. Acts 1935, No. 30, § 8; Pope's Dig., § 11528; A.S.A. 1947, § 80-309.

6-14-111. Candidate filing procedures.

    1. All candidate filings under this subchapter shall be with the county clerk of the county in which the school district is domiciled for administrative purposes.
        1. In a special school election or an annual school election not held with the preferential primary or general election, all actions required of county boards of election commissioners shall be performed by the county board of election commissioners of the county in which the school district is domiciled for administrative purposes.
        2. However, if one of that school district's nondomicile counties is holding a special election on the same date as a school election and at least one (1) qualified elector in the county is eligible to vote in both the special election and the school election, each county in which the school district has territory shall conduct the school district's school election as if it were held with the preferential primary or general election.
      1. When a county clerk of a school district's nondomicile county becomes aware that a special election will be held on the same date as a school district's annual or special school election and at least one (1) qualified elector in the county is eligible to vote in both the special election and the school election, the county clerk of the nondomicile county shall immediately notify the county clerk of the county in which the school district is domiciled for administrative purposes in writing that the school district's school election shall be conducted under subdivision (a)(3) of this section.
      2. The county clerk of the county in which the school district is domiciled for administrative purposes shall then immediately notify the county clerks of any other nondomicile counties that the school district's election will be conducted under subdivision (a)(3) of this section.
    2. In a school election held with the preferential primary or general election, all actions required of county boards of election commissioners shall be performed by the county board of election commissioners of the county in which the electors reside.
  1. The county board of election commissioners shall prepare and furnish ballots and all other necessary supplies for the annual school election.
  2. A candidate for a position on the board of directors of a school district may qualify for the ballot by filing a political practices pledge, an affidavit of eligibility, and either:
    1. A petition; or
    2. A notice of write-in candidacy.
    1. The petition shall be directed to the county clerk and shall contain the names of at least twenty (20) registered voters who are residents of the school district and, if applicable, the electoral zone for the position.
    2. The petition shall:
      1. State the name and title of the candidate that the candidate proposes to appear on the ballot; and
      2. Identify the position sought, including without limitation the position number or other identifying information if applicable.
    1. The petition, affidavit of eligibility, and the candidate's political practices pledge shall be filed with the county clerk as follows:
        1. For even-numbered years, during the party filing period as set forth in § 7-7-203 for school elections held concurrently with a preferential primary election; and
        2. For odd-numbered years, during the dates that would be the filing period as set forth in § 7-7-203 if a preferential primary and general election were to be held in that year; or
      1. During a one-week period ending at 12:00 noon on August 1 for school elections held on the first Tuesday following the first Monday in November.(2)(A) The county clerk shall not accept a candidate's petition until the county clerk has verified that:
        1. The address where the candidate is registered to vote is within the election zone, if applicable, represented by the position on the board of directors that the candidate has indicated on the petition; and
        2. The position on the board of directors that the candidate has indicated on the petition is scheduled to be filled during the current election.
      2. The county clerk shall inform the candidate:
        1. That the candidate's petition was accepted or rejected; and
        2. If the candidate's petition was rejected, the reason for the rejection.
    1. Candidates may begin circulating petitions not earlier than ninety (90) days before the filing deadline under subdivision (e)(1) of this section.
    2. A signature dated more than ninety (90) days before the filing deadline under subdivision (e)(1) of this section shall not be counted by the county clerk as a valid signature.
    1. Votes for a write-in candidate for school district director shall not be counted or tabulated unless the candidate files with the county clerk during the one-week period under subdivision (e)(1) of this section:
      1. A written notice of his or her intention to be a write-in candidate identifying the position sought, including without limitation the position number or other identifying information if applicable;
      2. An affidavit of eligibility; and
      3. The political practices pledge.
      1. Upon receipt of the candidate's notice of intention to be a write-in candidate, the county clerk shall immediately verify that:
        1. The address where the candidate is registered to vote is within the election zone, if applicable, represented by the position on the board of directors that the candidate has indicated on the notice of intention to be a write-in candidate; and
        2. The position on the board of directors that the candidate has indicated on the notice of intention to be a write-in candidate is scheduled to be filled during the current election.
      2. The county clerk shall reject a notice of intention to be a write-in candidate that does not comply with subdivision (g)(2)(A) of this section.
      3. The county clerk shall inform the candidate:
        1. That the candidate's notice of intention to be a write-in candidate was accepted or rejected; and
        2. If the candidate's notice of intention to be a write-in candidate was rejected, the reason for the rejection.
    1. The county board of election commissioners shall place on the ballot as candidates for school district director the names of any qualified registered voters whose political practices pledges and affidavits of eligibility have been filed and whose petitions have been filed with and verified by the county clerk of the county in which the school district is domiciled for administrative purposes.
    2. The county board of election commissioners shall not place the name of an unopposed candidate for school district director on the ballot during a school board election held concurrently with the preferential primary election or general election.
  3. The school district shall file the language required to submit the rate of tax for the school district to the voters during the annual school election with the county clerk of the county in which the school district is domiciled for administrative purposes as soon as that language becomes available but no later than sixty (60) days before the annual school election.
    1. On the day after the deadline for candidates to file for a position on the board of directors by petition, the county clerk of the county in which the school district is domiciled for administrative purposes shall certify to the county board of election commissioners the names of those candidates who are registered voters in the school district and the electoral zone, if applicable, and who have qualified for the ballot by petition.
    2. Immediately after the close of the write-in filing period, the county clerk of the county within which the school district is domiciled for administrative purposes shall certify to the county board of election commissioners any write-in candidates who have filed the affidavit of eligibility, the notice of write-in candidacy, and the political practices pledge with the county clerk of the county within which the school district is domiciled for administrative purposes.
  4. The order in which the names of the respective candidates are to appear on the ballot shall be determined by lot at the public meeting of the county board of election commissioners held not later than seventy-two (72) days before the annual school election.
  5. When a candidate has identified the position sought on the petition or notice of write-in candidacy, the candidate shall not be allowed to change the position on that petition or notice of write-in candidacy but may withdraw a petition or notice of write-in candidacy and file a new petition or notice of write-in candidacy designating a different position before the deadline for filing.

(B) The county clerk shall reject a petition that does not comply with subdivision (e)(2)(A) of this section.

History. Acts 1969, No. 70, § 1; A.S.A. 1947, § 80-308; Acts 1991, No. 294, § 1; 1997, No. 443, § 2; 1999, No. 1078, § 51; 2001, No. 994, § 1; 2003, No. 1473, § 4; 2005, No. 1174, § 5; 2007, No. 1049, § 5; 2009, No. 1480, § 4; 2011, No. 1185, § 1; 2017, No. 586, §§ 1, 2; 2017, No. 910, § 3; 2019, No. 552, §§ 2, 3; 2019, No. 597, §§ 2-4.

Amendments. The 2009 amendment rewrote (c), (d), (g), and (i)(2); inserted “affidavit of eligibility” in (e); inserted “and affidavits of eligibility” in (h); and added (k).

The 2011 amendment substituted “seventy (70)” for “sixty (60)” in (e); substituted “one hundred (100)” for “ninety (90)” in (f)(1) and (f)(2); substituted “seventy (70)” for “fifty-five (55)” in the introductory language of (g); and substituted “sixty-seven (67)” for “fifty-five (55)” in (j).

The 2017 amendment by No. 586 redesignated (e) as (e)(1) and inserted “county”; added (e)(2); redesignated (g) as (g)(1); and added (g)(2).

The 2017 amendment by No. 910 substituted “as follows” for “during a one-week period ending at 12:00 noon seventy (70) days before the annual school election” at the end of the introductory language in (e); added (e)(1) and (2) [now (e)(1)(A) and (B)]; in (f)(1), substituted “thirty (30)” for “one hundred (100)” and “filing deadline under subsection (e) of this section” for “annual school election”; in (f)(2), substituted “thirty (30)” for “one hundred (100)” and “filing deadline under subsection (e) of this section” for “school election”; substituted “the one-week period under subsection (e) of this section” for “a one-week period ending at 12:00 noon seventy (70) days before the annual school election” at the end of the introductory language in (g) [now (g)(1)]; and substituted “seventy-two (72)” for “sixty-seven (67)” in (j).

The 2019 amendment by No. 552 redesignated former (a)(2) as (a)(2)(A)(i); added “In a special school election or an annual school election not held with the preferential primary or general election” in (a)(2)(A)(i); added (a)(2)(A)(ii), (a)(2)(B), (a)(2)(C), and (a)(3); inserted (h) [now (i)] and redesignated the remaining subsections accordingly; in (j)(1), deleted “county” preceding the first occurrence of “board”, inserted “of the county in which the school district is domiciled for administrative purposes”, and inserted “county” preceding the second occurrence of “board”; in (j)(2), inserted “of the county within which the school district is domiciled for administrative purposes” and added “within which the school district is domiciled for administrative purposes”; and made stylistic changes.

The 2019 amendment by No. 597 redesignated (e)(1)(A) as (e)(1)(A)(i); added “For even-numbered years” in (e)(1)(A)(i); added (e)(1)(A)(ii); in (e)(1)(B), substituted “12:00 noon on August 1 for school elections” for “12:00 noon ninety (90) days before the election for school elections”, and substituted “held on the first Tuesday following the first Monday in November” for “held in odd years or concurrently with a general election”; substituted “ninety (90) days” for “thirty (30) days” in (f)(1) and (f)(2); redesignated (h) as (h)(1); and added (h)(2).

6-14-112. [Repealed.]

Publisher's Notes. This section, concerning duplicate ballots and ballot boxes, was repealed by Acts 1997, No. 443, § 3. The section was derived from Acts 1939, No. 154, § 1; A.S.A. 1947, § 80-310; Acts 1987, No. 248, § 12.

6-14-113. [Repealed.]

A.C.R.C. Notes. The repeal of § 6-14-113 by Acts 2019, No. 757 supersedes the amendment of this section by Acts 2019, No. 910.

Publisher's Notes. This section, concerning election kits for school elections, was repealed by Acts 2019, No. 757, § 7, effective July 24, 2019. The section was derived from Acts 1965, No. 71, §§ 1-3; A.S.A. 1947, §§ 80-332 — 80-334; Acts 1997, No. 443, § 4; 2019, No. 910, § 1181.

6-14-114. Counting of votes.

When the polls of each election are closed, the election officials shall immediately proceed to count the results and make returns of the votes under § 6-14-115, showing:

  1. The number of votes cast for each person for school district director;
  2. The number of votes cast for the school tax;
  3. The number of votes cast against the school tax;
  4. The number of mills for:
    1. The additional mills for maintenance and operation;
    2. The additional mills for maintenance and operation that have been designated dedicated maintenance and operation mills;
    3. The debt service millage; and
    4. The total millage rate levied for all purposes in the school district in excess of the uniform rate of tax; and
  5. The number of votes cast for and against any other question submitted at the election.

History. Acts 1935, No. 30, § 11; Pope's Dig., § 11531; A.S.A. 1947, § 80-311; Acts 1997, No. 443, § 5; 1997, No. 1300, § 20; 2003 (2nd Ex. Sess.), No. 28, § 2; 2003 (2nd Ex. Sess.), No. 105, § 3; 2019, No. 552, § 4.

Amendments. The 2019 amendment substituted “returns of the votes under § 6-14-115” for “returns thereof to the county clerk” in the introductory language.

Case Notes

Contest.

The jurisdiction of the county court with respect to school elections extends only to canvassing returns and certifying elections and that court has no jurisdiction of an election contest as such jurisdiction is lodged in the circuit court. Jones v. Lawless, 226 Ark. 110, 288 S.W.2d 324 (1956).

County court could not go beyond election returns in school election and inquire into qualifications of voters or other matters affecting the validity of the ballots as these matters related to a contest of the election so that jurisdiction was in the circuit court. Jones v. Lawless, 226 Ark. 110, 288 S.W.2d 324 (1956).

Mandamus.

Where no appeal was taken from judgment of county court adjudging that certain candidate had not been elected a school director, mandamus did not lie to compel county judge to certify the election of such candidate to the office. Jackson v. Collins, 193 Ark. 737, 102 S.W.2d 548 (1937).

Substantial Compliance.

Evidence concerning certification of school election results showed substantial compliance with procedures for return and canvass. Commonwealth Farm Loan Co. v. Lester, 179 Ark. 293, 15 S.W.2d 991 (1929) (decision under prior law).

Cited: Thomas v. Spires, 180 Ark. 671, 22 S.W.2d 553 (1929); Shimek v. Janesko, 188 Ark. 418, 66 S.W.2d 626 (1933); Phillips v. Melton, 222 Ark. 162, 257 S.W.2d 931 (1953).

6-14-115. Return, canvass, and appeal — Filing.

    1. The certification of a school district's election shall be conducted as follows:
      1. At the close of an election under § 6-14-111(a)(2), the election officials at each polling place or at the place of central tabulation shall make a return of the votes, certify the return, and file the certification with the county board of election commissioners of the county in which the school district is domiciled for administrative purposes;
      2. The county board of election commissioners of the county in which the school district is domiciled for administrative purposes shall:
        1. Deliver the duplicate certified copy of each polling site's election results to the county clerk;
        2. Declare preliminary and unofficial results of the county's election as soon as they are available; and
        3. No earlier than forty-eight (48) hours and no later than fifteen (15) days after the election, proceed to ascertain and declare the results of the election and file the certification of election with the county clerk; and
      3. At the close of an election conducted under § 6-14-111(a)(3), the election officials at each polling place or at the place of central tabulation shall follow the general election procedures under § 7-5-527. Once the county board of election commissioners has certified the county's election results, the county board of election commissioners shall:
        1. No earlier than forty-eight (48) hours and no later than fifteen (15) days after the election, file the certification of the election results with the county clerk; and
        2. File a certified copy of the results of any school district not domiciled for administrative purposes in the county with the county clerk of the county in which the school district is domiciled for administrative purposes.
    2. Based on the certified election results of each county conducting a school district's annual school election, the county clerk or his or her designee shall deliver to the person having the highest number of legal votes:
      1. A certificate of election;
      2. Notice of the requirement for a director elected to an initial or nonconsecutive term that he or she must subscribe to the director's oath under § 6-13-617;
      3. The date the ten (10) days to have the oath administered expires;
      4. A list of the individuals qualified to administer the oath under § 21-2-105;
      5. A copy of the director's oath with spaces for the date, the signature of the director, and the signature of the administrator of the oath; and
      6. Notice that the individual cannot assume the duties of a director until a copy of the administration of the oath is received by the county clerk or his or her designee.
  1. The county clerk of the county in which the school district is domiciled for administrative purposes shall file the following with the county clerk of each nondomicile county in which any part of the school district lies:
    1. Certified copies of the certified results of the election from each county; and
    2. Certification of the outcome of each race or issue on the school district's ballot.
  2. The county clerk of the county in which the school district is domiciled for administrative purposes shall submit to the Commissioner of Elementary and Secondary Education no later than five (5) days following the requirements set forth in subsection (a) of this section:
    1. Copies of the certified election results of the election of each county; and
    2. A certification of the outcome of each race or issue on the school district's ballot and the text of each issue.

History. Acts 1951, No. 403, § 1; 1979, No. 117, § 1; A.S.A. 1947, § 80-318; Acts 1987, No. 248, § 14; 1997, No. 443, § 6; 2003, No. 1165, § 1; 2005, No. 1174, § 6; 2015, No. 379, § 3; 2016 (3rd Ex. Sess.), No. 14, § 4; 2016 (3rd Ex. Sess.), No. 15, § 4; 2017, No. 275, § 3; 2017, No. 910, § 4; 2019, No. 552, § 5.

Amendments. The 2015 amendment added (a)(2).

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 14 and 15 added (a)(1)(B).

The 2017 amendment by No. 275 substituted “cannot” for “shall be unable to” in (a)(2)(F).

The 2017 amendment, by No. 910, in (a)(1)(B), substituted “the date” for “whether” and deleted “on the third Tuesday in September or the first Tuesday following the first Monday in November” at the end.

The 2019 amendment rewrote (a)(1); added “Based on the certified election results of each county conducting a school district's annual school election” in (a)(2); and rewrote (b) and (c).

Case Notes

Appeal.

This section does not conflict with § 6-14-116 since appeal referred to in this section is merely an appeal as to correctness of tabulation of the returns, while original proceeding filed pursuant to § 6-14-116 is a contest. Parsons v. Mason, 223 Ark. 281, 265 S.W.2d 526 (1954).

Since an action under this section only tests the correctness of the county court's tabulation of the returns, to allow testimony as to the legality of the establishment of a polling place, action must be taken under § 6-14-116. Guthrie v. Baker, 224 Ark. 752, 276 S.W.2d 54 (1955).

Authority of Commissioners.

Evidence sufficient to prove county board of election commissioners did not go beyond its authority in rejecting votes for write-in candidate and declaring the opponent's votes the only ones that could be legally counted. Byrd v. Short, 228 Ark. 369, 307 S.W.2d 871 (1957).

Failure to File.

Violation of this section would not establish absolute liability, it would only be evidence of negligence which the jury could accept or reject as it saw fit. America Casualty Co. v. Quitman School Dist., 293 Ark. 457, 739 S.W.2d 144 (1987).

Illegal Votes.

This section cannot be used to purge illegal votes in an election to consolidate school districts. Adams v. Dixie School Dist. No. 7, 264 Ark. 178, 570 S.W.2d 603 (1978).

Jurisdiction.

Where complaint and amended complaint were directed to a challenge of school election and matters collateral to election, the circuit court has exclusive jurisdiction. Douglas v. Williams, 240 Ark. 933, 405 S.W.2d 259 (1966).

Substantial Compliance.

Evidence concerning certification of school election results showed substantial compliance with former similar section. Commonwealth Farm Loan Co. v. Lester, 179 Ark. 293, 15 S.W.2d 991 (1929) (decision under prior law).

Cited: Phillips v. Melton, 222 Ark. 162, 257 S.W.2d 931 (1953); Henley v. Goggins, 250 Ark. 912, 467 S.W.2d 697 (1971).

6-14-116. Contest of election.

  1. If the election of any member of a school district board of directors is contested, it shall be before the circuit court of the county in which the school district is domiciled.
  2. All actions to contest the election shall be commenced within twenty (20) days after the date the election is certified.
  3. Actions to contest the election of school district officers shall follow the procedures set out in § 7-5-801 et seq.

History. Acts 1951, No. 366, §§ 1-4; A.S.A. 1947, §§ 80-321 — 80-324; Acts 1987, No. 248, § 15; 1999, No. 1078, § 52; 2005, No. 1174, § 7.

Research References

U. Ark. Little Rock L.J.

Heller and Sallings, Survey of Public Law, 3 U. Ark. Little Rock L.J. 296.

Case Notes

Applicability.

An action under §§ 6-14-109 and 6-14-115 tests only the correctness of the county court's tabulation of the returns, so in order to allow testimony as to the legality of the establishment of a polling place, an action must be brought under this section. Guthrie v. Baker, 224 Ark. 752, 276 S.W.2d 54 (1955).

School district residents attempted to state a cause of action in illegal exaction, Ark. Const., Art. 16, § 13, and the circuit court erred in finding that they alleged a cause of action contesting the school district election, under this section; the circuit court had to determine whether the residents had stated a cause of action in illegal exaction on remand. Dollarway Patrons for Better Sch. v. Dollarway Sch. Dist., 374 Ark. 92, 286 S.W.3d 123 (2008).

Appeal.

Section 6-14-115 does not conflict with this section, since appeal referred to in § 6-14-115 is merely an appeal as to correctness of tabulation of the returns, while original proceeding filed pursuant to this section is a contest. Parsons v. Mason, 223 Ark. 281, 265 S.W.2d 526 (1954).

Jurisdiction.

In a contest of the election of a member of a county board of education or member of a school district board of directors the sole forum was the circuit court of the county wherein the contested office existed and its jurisdiction was invoked even in the absence of notice to the contestee where the statutory procedures of this section and former § 7-5-506 were followed. Kirk v. Roach, 226 Ark. 799, 294 S.W.2d 335 (1956).

Circuit court had jurisdiction of election contest for county board of education although summons was not issued and served on defendant as required by former § 7-5-506, where notice was served on defendant under former § 7-5-501, he entered appearance and never questioned sufficiency of service before or during trial. Bradley v. Jones, 227 Ark. 574, 300 S.W.2d 1 (1957).

Where complaint and amended complaint were directed to a challenge of the school election and matters collateral to that election, the circuit court had exclusive jurisdiction. Douglas v. Williams, 240 Ark. 933, 405 S.W.2d 259 (1966).

Intent of this section was to place the jurisdiction for the contest of all school election matters in the circuit court. Adams v. Dixie School Dist. No. 7, 264 Ark. 178, 570 S.W.2d 603 (1978).

Time of Filing.

Contest proceeding was held not timely. Parsons v. Mason, 223 Ark. 281, 265 S.W.2d 526 (1954).

Suit brought within statutory period not dismissed where delay in holding trial resulted from court's crowded docket. Allen v. Rankin, 269 Ark. 517, 602 S.W.2d 673 (1980).

Cited: Phillips v. Melton, 222 Ark. 162, 257 S.W.2d 931 (1953); Cowger v. Mathis, 255 Ark. 511, 501 S.W.2d 212 (1973).

6-14-117. [Repealed.]

Publisher's Notes. This section, concerning unlawful acts and penalties therefor, was repealed by Acts 1997, No. 443, § 7. The section was derived from Acts 1935, No. 30, § 10; Pope's Dig., § 11530; A.S.A. 1947, § 80-316.

6-14-118. Expenses.

    1. Except as provided in this section, for school elections, the school district shall reimburse the county for the cost of the school election.
    2. Subdivision (a)(1) of this section includes the cost of a special school election.
    1. If the school election is held in an even-numbered year, the school district shall reimburse each county in which the school election appears on the preferential primary election or general election ballot for additional costs incurred by the county when holding the school election in conjunction with the preferential primary election or general election.
    2. Total reimbursement under subdivision (b)(1) of this section shall not exceed an amount equal to the amount the school district reimbursed one (1) or more counties in the aggregate for the last contested school election in an odd-numbered year.
  1. The school district shall reimburse a county for the entire cost of a school runoff election if:
    1. The school election is held in an even-numbered year; and
    2. The preferential primary election or general election which the school election is held in conjunction with does not result in the holding of a general primary election or a general runoff election in the county so that the school runoff election is the only issue on the ballot.

History. Acts 1931, No. 169, § 85; Pope's Dig., § 11519; A.S.A. 1947, § 80-315; Acts 1987, No. 248, § 13; 1993, No. 978, § 1; 2007, No. 1200, § 1; 2009, No. 292, § 2; 2016 (3rd Ex. Sess.), No. 14, § 5; 2016 (3rd Ex. Sess.), No. 15, § 5; 2017, No. 910, § 5.

Amendments. The 2009 amendment inserted (a)(2); and inserted “less expenses incurred for election officials at individual polling places” in (a)(1).

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 14 and 15 rewrote the section.

The 2017 amendment, in (b)(1), deleted “November of” preceding “an even-numbered year” and inserted “preferential primary election or” twice; deleted “November of” preceding “an even-numbered year” in (c)(1); and, in (c)(2), inserted “preferential primary election or” and “a general primary election or”.

Case Notes

Officer's Pay.

School district was not required to reimburse a county for overtime pay provided by the county to the county clerk for work related to a school district election because the clerk was not entitled to overtime pay, since (1) a contract to pay an officer more or less compensation than that fixed by law was contrary to public policy and void; (2) although § 14-14-1204 provided ranges for the salaries of elected county officers such as the clerk, it still instructed that, pursuant to those ranges, the annual salaries were to be fixed by ordinance; and (3) overtime pay to the county clerk was not an appropriate election expense pursuant to this section, as given the history of this statute, it was clear that the legislature did not anticipate overtime pay of elected county officials when it created a law requiring school districts to pay for election expenses. Helena-West Helena Sch. Dist. v. Fluker, 371 Ark. 574, 268 S.W.3d 879 (2007).

6-14-119. [Repealed.]

Publisher's Notes. This section, concerning compensation of election officials, was repealed by Acts 2019, No. 552, § 6, effective July 24, 2019. The section was derived from Acts 1935, No. 30, § 9; Pope's Dig., § 11529; A.S.A. 1947, § 80-307; Acts 1997, No. 443, § 8.

6-14-120. [Repealed.]

Publisher's Notes. This section, concerning election of school district boards of directors, was repealed by Acts 2005, No. 2151, § 32. The section was derived from Acts 1935, No. 30, § 2; Pope's Dig., § 11522; Acts 1973, No. 882, § 1; A.S.A. 1947, § 80-335; Acts 1997, No. 443, § 9; Acts 2005, No. 1174, § 8.

A.C.R.C. Notes. The repeal of this section by Acts 2005, No. 2151, § 32, superseded the amendment of this section by Acts 2005, No. 1174, § 8. The amendment by Acts 2005, No. 1174, § 8, gave discretion to a school district board of directors to determine the length of the terms of its members.

6-14-121. Runoff elections.

    1. Whenever there are more than two (2) candidates for election to any position on a board of directors at any election held in this state and whenever no candidate for any school district position receives a majority of the votes cast for the office or whenever there is a tie vote, there shall be a runoff election held in the school district.
    2. The names of the two (2) candidates receiving the highest number of votes, but not a majority, shall be placed on the ballot to be voted upon by the qualified electors for that position on a school district board of directors.
    3. The runoff election shall be held:
      1. Four (4) weeks following the date of an election held in any odd-numbered year;
      2. On the date designated for the general primary election if the annual school election is held with the preferential primary election; or
      3. On the date designated for the general runoff election if the annual school election is held with the general election.
  1. The person receiving the majority of the votes cast for the position at the runoff election shall be declared elected.
  2. If one (1) of the two (2) candidates who received the highest number of votes for a position withdraws before certification of the result of the school election, the remaining candidate who received the most votes at the school election shall be declared elected to the office and there shall be no school election runoff.
    1. In the event that the two (2) candidates seeking election to the same school district position shall receive the same number of votes in a runoff election, a tie shall be deemed to exist.
    2. The county board of election commissioners shall determine the winner by lot at an open public meeting and in the presence of the two (2) candidates.
  3. The provisions of this section are intended to be in addition to and supplemental to the laws of this state pertaining to the election of school district boards of directors.
  4. A runoff election shall be conducted using the same procedures as the election requiring the runoff election.

History. Acts 1987, No. 845, §§ 1, 2; 1993, No. 294, § 8; 1997, No. 443, § 10; 1999, No. 1078, § 53; 2005, No. 1174, § 9; 2007, No. 1049, § 6; 2017, No. 910, § 6; 2017, No. 1104, § 1; 2019, No. 552, § 7.

Amendments. The 2017 amendment by No. 910 designated part of (a)(3) as (a)(3)(A); in (a)(3)(A), substituted “Four (4) weeks” for “three (3) weeks” and “an election held in any odd-numbered year” for “the election”; and added (a)(3)(B) and (C).

The 2017 amendment by No. 1104 designated part of (a)(3) as (a)(3)(A); added “in any election year in which the annual school election is held in September; or” in (a)(3)(A); and added (a)(3)(B).

The 2019 amendment added (f).

Case Notes

In General.

There is no evidence that the majority vote requirement has had any impact on the success or failure of any black candidate in a school district election in Little Rock. Little Rock Sch. Dist. v. Pulaski County Special Sch. Dist. No. 1, 831 F. Supp. 1453 (E.D. Ark. 1993), aff'd, 56 F.3d 904 (8th Cir 1995).

Cited: Harvell v. Ladd, 759 F. Supp. 525 (E.D. Ark. 1991).

6-14-122. Consolidation, annexation, or merger of school districts.

  1. The consideration of the question of the consolidation or annexation of two (2) or more school districts, or parts thereof, in their entireties, kindergarten through twelfth grade (K-12), may be made at the annual school election with the issue of combining the school districts and the levying of a specified tax millage to support the new school district placed on the ballot as a single issue in order to assure that when the two (2) or more school districts, or parts thereof, are combined into one (1) school district, a single millage will be levied for support of the new school district.
  2. The boards of directors of the school districts may, by resolution duly adopted and with the approval of the Commissioner of Education, set a date for the annual school election in that year for the school districts involved on a date other than the date set in § 6-14-102 for all school districts, provided only one (1) annual school election may be held in any school district in one (1) calendar year.
  3. If the State Board of Education is petitioned by the board of directors of a school district or districts, by resolution duly adopted by majority vote of each of the local boards of directors, or when petitioned by at least twenty-five percent (25%) of the qualified electors of a school district or districts as certified in writing by the county clerk of each county where the school district or districts are located, the state board may call a special election to be held in accordance with § 7-11-201 et seq. to consider the question of consolidation or annexation of the school districts as otherwise allowed for in subsection (a) of this section.
  4. The special election on consolidation or annexation shall be held by the same officials at the same polling places, and the returns shall be made, canvassed, and published in the same manner as is provided by law for annual school elections.
  5. If an election is not held in the newly formed school district, the vote on the millage for the newly formed school district will be held at the next annual school election.

History. Acts 1992 (1st Ex. Sess.), No. 62, § 1; 2001, No. 1225, § 2; 2005, No. 2145, § 5; 2007, No. 1049, § 7; 2009, No. 1480, § 5.

Amendments. The 2009 amendment substituted “§ 7-11-201 et seq.” for “§ 7-5-103(b)” in (c).

Cross References. Consolidation and annexation of school districts, § 6-13-1401 et seq.

Taxation for school districts formed by consolidation, annexation, or merger, § 26-80-111.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

6-14-123. Verification of voter registration.

  1. A voter in a school election voting either in person or by absentee ballot shall comply with Arkansas Constitution, Amendment 51, § 13, concerning verification of voter registration to the extent it is applicable to the voter.
  2. If a ballot or absentee ballot is deemed a provisional ballot for failure to provide verification of registration under Arkansas Constitution, Amendment 51, § 13, the voter shall comply with the procedures under Arkansas Constitution, Amendment 51, § 13, for his or her vote to be counted.

History. Acts 2017, No. 633, § 3.

6-14-124. Pre-election procedures for school elections held in school districts situated in more than one county.

      1. In all school elections conducted under § 6-14-111(a)(3) in which the school district is situated in two (2) or more counties, a candidate for board of directors of a school district shall file his or her nominating petition with the county clerk of the county in which the school district is domiciled for administrative purposes.
      2. The county clerk of the county in which the nominating petition is filed shall:
        1. Verify the signatures on the nominating petition from that county; and
        2. If there are signatures from another county to be verified, immediately forward the nominating petition to the appropriate county clerk.
      3. The county clerk receiving the nominating petition shall return the nominating petition to the county clerk of the county in which the school district is domiciled for administrative purposes no later than five (5) days after the filing period ends.
      4. The county clerk of the county in which the school district is domiciled for administrative purposes shall:
        1. Certify the sufficiency of the nominating petition; and
        2. File the certification with the county board of election commissioners in each county in which the school district has territory.
    1. In all school elections conducted under § 6-14-111(a)(3) in which the school district is situated in two (2) or more counties, the county clerk of the county in which the school district is domiciled for administrative purposes shall submit all ballot questions that have been filed with the county clerk for the annual school election to each county board of election commissioners in each county in which the school district has territory.
    1. When a county clerk of a county in which the school district is domiciled for administrative purposes is notified of a special school election under § 7-11-203, the county clerk of the county in which the school district is domiciled for administrative purposes shall forward a copy of the calling document to the county clerk of each of the district's nondomicile counties.
    2. The county clerk of any nondomicile county conducting a special election on that same date shall immediately notify the county clerk of each county in which the school district is domiciled for administrative purposes under § 6-14-111(a)(2).

History. Acts 2019, No. 552, § 8.

Chapter 15 Educational Standards and Quality Generally

Cross References. Education Service Cooperative Act, § 6-13-1001 et seq.

Subchapter 1 — General Provisions

Effective Dates. Acts 2003 (2nd Ex. Sess.), No. 90, § 5: emergency clause failed to pass. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002), declared the now existing system of education to be unconstitutional because it is both inequitable and inadequate; the Arkansas Supreme Court set forth the test for a constitutional system to be a system in which the state has an ‘absolute duty’ to provide an ‘equal opportunity to an adequate education’; and that this act is immediately necessary because the Arkansas Supreme Court instructed the General Assembly to define and provide what is necessary to provide an adequate and equitable education for the children of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 1672, § 4: effective July 1, 2007 by its own terms.

Acts 2005, No. 1672, § 6: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the study of staffing needs conducted pursuant to Act 64 of the Second Extraordinary Session of 2003 determined that the Department of Education is in need of reorganization; that this act would reorganize the department to help the department become more efficient and effective; and that to aid an orderly transition this act should become effective at the beginning of the next fiscal year. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2005.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

ALR.

Tort Liability of Public Schools and Institutions of Higher Learning for Educational Malpractice. 11 A.L.R.7th 5 (2015).

6-15-101. Academic standards and expected outcomes.

By September 1, 2003, and as updates are necessary each year thereafter, the State Board of Education shall:

  1. Define and publish academic standards and expected outcomes for students in prekindergarten through grade twelve (preK-12);
  2. Require that the academic standards and expected outcomes be adopted by local school district boards of directors; and
  3. Require that the academic standards and expected outcomes be implemented by local school districts.

History. Acts 2003, No. 1785, § 1; 2013, No. 1138, § 13.

Publisher's Notes. Former § 6-15-101, concerning the Educational Planning Act, was repealed by Acts 1993, No. 475, § 1. The section was derived from Acts 1983 (1st Ex. Sess.), No. 4, §§ 1, 2; 1983 (1st Ex. Sess.), No. 7, §§ 1, 2; A.S.A. 1947, §§ 80-478, 80-479.

Amendments. The 2013 amendment substituted “boards” for “board” in (2).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, Academic Standards, 26 U. Ark. Little Rock L. Rev. 385.

6-15-102. Division of Public School Accountability.

    1. To enhance the public's access to public school performance indicators and to better measure the benefits of the increasing public investment in Arkansas's schools, the General Assembly finds that a Division of Public School Accountability should be established under the direct operational control of the Commissioner of Elementary and Secondary Education.
    2. The foremost obligation of the Division of Public School Accountability shall be to administer all monitoring and compliance activities dealing with academic and fiscal accountability for each school or school district and to report academic progress.
  1. There is created the Division of Public School Accountability under the Division of Elementary and Secondary Education.
  2. The Division of Public School Accountability shall be under the supervision of the Commissioner of Elementary and Secondary Education.
      1. The Commissioner of Elementary and Secondary Education shall select an individual to serve as the Assistant Commissioner of the Division of Public School Accountability, and the Assistant Commissioner of the Division of Public School Accountability shall serve at the pleasure of the Commissioner of Elementary and Secondary Education.
      2. The Commissioner of Elementary and Secondary Education may reassign as necessary appropriate staff for the Division of Public School Accountability sufficient to fulfill all obligations for monitoring and reporting in the Division of Public School Accountability.
    1. The person selected as the Assistant Commissioner of the Division of Public School Accountability shall:
      1. Be a person of good moral character and qualified technically and by experience to direct the work of the Division of Public School Accountability;
      2. Hold a master's degree or a higher level degree from an accredited institution; and
      3. Have ten (10) years of experience in an administrative, supervisory, or management position.
    2. No person who is related within the fourth degree of consanguinity or affinity to any member of the State Board of Education or to the Commissioner of Elementary and Secondary Education shall be eligible to serve as the Assistant Commissioner of the Division of Public School Accountability.
  3. With guidance and approval from the Commissioner of Elementary and Secondary Education, the Assistant Commissioner of the Division of Public School Accountability shall be responsible for hiring all employees of the Division of Public School Accountability.
  4. The Division of Public School Accountability shall have the following responsibilities:
    1. To monitor schools for compliance with:
      1. State rules and federal regulations;
      2. Legislative acts and court-ordered mandates;
      3. All standards of learning and accreditation as established by the state board; and
      4. All rules as established by the state board;
    2. To coordinate the analysis, dissemination, and reporting of all state-mandated assessment information;
    3. To coordinate the implementation and administration of:
      1. Longitudinal tracking and trend data collection as established by the state board for the purposes of improving student and school performance, ensuring mastery of the curriculum, and providing comparisons between students within Arkansas and with students in other states;
      2. Value-added assessments as established by the state board; and
      3. The annual school performance reports as established by the state board;
    4. To administer all monitoring and compliance activities dealing with academic and fiscal accountability as established by the state board; and
    5. To work with program approval and licensure sections of the Division of Elementary and Secondary Education, the Division of Higher Education, the Division of Career and Technical Education, and the individual colleges to provide information that will contribute to reasonable, equitable, and excellent preparation of licensed personnel in public and private institutions of higher education.
    1. The Division of Public School Accountability shall provide annual reports of school performance or compliance to the Joint Interim Oversight Committee on Education Reform, the House Committee on Education, and the Senate Committee on Education.
    2. A preliminary report shall be provided by January 1 of each year, and a follow-up report that includes information regarding on-site visits shall be filed by June 1 of each year.

History. Acts 2003 (2nd Ex. Sess.), No. 90, § 1; 2005, No. 1672, § 4; 2007, No. 1573, §§ 2, 68; 2009, No. 376, § 15; 2013, No. 581, § 4; 2013, No. 1138, § 14; 2015, No. 1217, § 1; 2019, No. 315, § 201; 2019, No. 910, § 1182.

A.C.R.C. Notes. Acts 2013, No. 581, § 5, provided: “The Arkansas Code Revision Commission shall redesignate Arkansas Code § 6-15-102, in light of the repeal of subsection (h).”

Amendments. The 2009 amendment substituted “selected” for “appointed” in (h)(2)(E), (h)(2)(F), and (h)(2)(G).

The 2013 amendment by No. 581 repealed (h).

The 2013 amendment by No. 1138, in (f)(5), substituted “licensure” for “certification” and “licensed” for “certified.”

The 2015 amendment substituted “state-mandated” for “augmented, criterion-referenced, or norm-referenced” in (f)(2).

The 2019 amendment by No. 315 inserted “rules” in (f)(1)(A); and deleted “and regulations” following “rules” in (f)(1)(D).

The 2019 amendment by No. 910 substituted “under the Division of Elementary and Secondary Education” for “of the Department of Education” in (a)(1) and (b); substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a)(1); substituted “Division of Public School Accountability” for “division” in (a)(2) and throughout (c) through (g); substituted “Assistant Commissioner of the Division of Public School Accountability” for “assistant commissioner of the division” and for “assistant commissioner” throughout (d) and in (e); and, in (f)(5), substituted “Division of Elementary and Secondary Education, the Division of Higher Education, the Division of Career and Technical Education” for “Department of Education, the Department of Higher Education, the Department of Career Education”.

6-15-103. School district waivers.

  1. A public school district may petition the State Board of Education for all or some of the waivers granted to an open-enrollment public charter school.
  2. The petition for all or some of the waivers granted to an open-enrollment public charter school that is submitted by a public school district shall include without limitation:
    1. The name of the open-enrollment public charter school that has the requested waiver;
    2. A copy of the waivers granted to the open-enrollment public charter school; and
    3. A list of the waivers that the public school district seeks to have granted.
    1. The state board shall grant, in whole or in part, or deny, in whole or in part, a petition for a waiver submitted by a public school district within ninety (90) days of receiving the petition.
    2. The state board shall notify the superintendent of the public school district in writing of the decision of the state board.
    3. A waiver that is granted to a public school district, in whole or in part, shall be valid for the duration approved by the state board not to exceed the duration that the waiver is valid for the open-enrollment charter school.
    4. A waiver under this section shall not be granted for a period of time exceeding five (5) years.
  3. The Division of Elementary and Secondary Education may promulgate rules to implement this section.

History. Acts 2015, No. 1240, § 1; 2019, No. 815, § 1.

Amendments. The 2019 amendment, inserted “public” preceding “school” throughout the section; deleted “that draws students from the school district” at the end of (a); added “without limitation” at the end of the introductory language of (b); substituted “has the requested waiver” for “draws students from the school district” in (b)(1); in (c)(3), inserted “to a public school district” and “approved by the state board not to exceed the duration”, and substituted “waiver is” for “waivers are”; and added (c)(4) and (d).

Subchapter 2 — The Quality Education Act of 2003

Cross References. Education of inmates, § 12-29-301 et seq.

Effective Dates. Acts 1983, No. 445, § 14: Mar. 14, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that the establishment of minimum and up-to-date standards for accreditation of public elementary and secondary schools is necessary to improve the quality of education in this State, and that the immediate passage of this Act is necessary to enable the State Board of Education to establish a committee to assist the Board in promulgating such minimum standards for accreditation to be effective within the time schedule provided in this Act. Therefore, an emergency is hereby declared to exist, and this Act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 855, § 2: Apr. 13, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that clarification of the provisions of subsection (c) of Section 9 of Act 445 of 1983, as amended, is necessary to assure that county boards of education who receive petitions for annexation of a school district to an adjoining school district give first consideration to annexing the territory of such school district to one or more school districts located within the county in which such school district is administered, but to enable the county board of education of such county to annex a territory of the district to one or more school districts located in an adjoining county if there is no qualified adjoining school district located within the county; and that the immediate passage of this Act is necessary to clarify said Act before the minimum standards of the Quality Education Act of 1983 become operative on June 1, 1987. Therefore, an emergency is hereby declared to exist, and this Act being immediate necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987 (1st Ex. Sess.), No. 3, § 4: June 12, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that under present law no consolidation allowance can be made for consolidations or annexations occurring after May 30, 1987; that such date should be changed to June 30, 1987; that this Act makes such change; and that since May 30, 1987 has already passed, this Act should be given immediate effect. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 112, § 40: Feb. 7, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 10 of the First Extraordinary Session of 1995 abolished the Joint Interim Committee on Education and in its place established the House Interim Committee and Senate Interim Committee on Education; that various sections of the Arkansas Code refer to the Joint Interim Committee on Education and should be corrected to refer to the House and Senate Interim Committees on Education; that this act so provides; and that this act should go into effect immediately in order to make the laws compatible as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1078, § 92: effective July 1, 2000.

Acts 2003, No. 1467, § 23: emergency clause failed to pass. Emergency clause provided: “Unless otherwise provided in this act, this act shall become effective on July 1, 2003.”

Acts 2007, No. 1015, § 2: Apr. 3, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that a rigorous curriculum is essential for the improvement of public school student achievement in Arkansas; that efficient and consistent enforcement of the Standards of Accreditation are vital to the public education system; that public school districts should have some efficient method of teaching Advanced Placement courses as part of the accredited curriculum; that this act provides the flexibility needed to ensure that a rigorous curriculum is efficiently delivered to all public school students. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1481, § 2: July 1, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is vital to the state's economy to graduate high school students who are college and workforce ready; that the Smart Core curriculum provides the rigorous course content and instruction needed to prepare high school students for college and the workforce; that schools and students will benefit from the incentive funding provided under this act for the programs necessary to assist students in completing the Smart Core curriculum; that the Department of Education needs to prepare rules to implement the program and school districts need to plan for using the incentive funding in the 2009-2010 school year and that this act is immediately necessary because a delay in the implementation of this act by the Department of Education or by school districts will result in fewer public high school students being prepared for college and the workforce. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2009.”

Acts 2011, No. 1118, § 5: July 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the constitutional obligation of the state to ensure that the state's public school children receive an equal opportunity for an adequate education; that to ensure that opportunity, it is essential that the state's public schools and education service cooperatives operate effective alternative learning environments; that the immediate effectiveness of this bill is necessary for the implementation of the funding changes and for the public schools and education service cooperatives to operate effective alternative learning environments under this bill throughout the state by the 2011-2012 school year; and that any delay in the effective date of this act could work irreparable harm to the quality of education available to students who are educated in alternative learning environments in this state. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2011.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

U. Ark. Little Rock L.J.

Legislative Survey, Education, 8 U. Ark. Little Rock L.J. 569.

Case Notes

Purpose.

The primary goal of the Quality Education Act is the elimination of all public elementary and secondary schools that fall below the minimum standards for accreditation as set forth by the State Board of Education. Loyd v. Knight, 288 Ark. 474, 706 S.W.2d 393 (1986).

Cited: Electors of Etowah Sch. Dist. v. Mississippi County Bd. of Educ., 292 Ark. 472, 731 S.W.2d 187 (1987).

6-15-201. Title.

This subchapter shall be known as and may be cited as “The Quality Education Act of 2003”.

History. Acts 1983, No. 445, § 1; A.S.A. 1947, § 80-4601; Acts 2003, No. 1467, § 1.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, Academic Standards, 26 U. Ark. Little Rock L. Rev. 385.

Case Notes

Cited: Allred v. Ark. Dep't of Corr. Sch. Dist., 322 Ark. 772, 912 S.W.2d 4 (1995).

6-15-202. Accreditation — Development of rules, criteria, and standards.

    1. The State Board of Education is authorized and directed to develop comprehensive rules, criteria, and standards to be used by the state board and the Division of Elementary and Secondary Education in the accreditation of school programs in elementary and secondary public schools in this state.
    2. In its rules, criteria, and standards promulgated under this subchapter, the state board shall include a provision regarding the attainment of unitary status for school districts that have not been released from court supervision over desegregation obligations.
    1. All public schools and school districts shall meet the Standards for Accreditation of Arkansas Public Schools and School Districts that shall be adopted by the state board.
      1. Except as provided under subdivisions (b)(2)(B)-(E) of this section, upon a showing of just cause, the state board may grant a waiver of any standard for accreditation for a time period of no longer than one (1) school year, except that no curriculum, student performance, school performance, or any standard required by law may be waived for any time period.
      2. The state board may grant a waiver of a standard for accreditation for a time period of longer than one (1) school year to a school district for the purpose of combining or embedding the curriculum frameworks from two (2) separate courses into one (1) combined or embedded course if:
        1. The school district timely makes an application for approval of the combined or embedded course to the division under the rules adopted by the state board;
        2. The school district certifies in writing to the state board that all of the curriculum frameworks for the two (2) separate courses will be fully taught in the proposed combined or embedded course;
        3. The division verifies in writing to the state board that all of the curriculum frameworks for the two (2) separate courses are included in the proposed combined or embedded course; and
        4. The proposed combined or embedded course meets all requirements for course approval under the rules adopted by the state board.
      3. The state board shall grant a waiver of a standard only for accreditation for proposed combined or embedded courses in grades five through twelve (5-12).
      4. If the state board subsequently revises the curriculum frameworks for either of the separate courses that are combined or embedded into a single course, a school district must submit a new waiver request for a combined or embedded course as set forth in subdivisions (b)(2)(B) and (C) of this section.
      5. It is a violation of the Standards for Accreditation of Arkansas Public Schools and School Districts for a school to fail to teach the curriculum frameworks for each separate course that is combined or embedded into a single course.
      6. The state board shall promulgate rules necessary to administer subdivisions (b)(2)(B)-(E) of this section.
    2. A school district is deemed to have failed to meet the standards if on any standard applicable to the general operation of a school district as defined by the state board the school district receives a probationary status.
    3. A school is deemed to have failed to meet the standards if on any standard applicable to the specific operation of that school as defined by the state board the school receives a probationary status.
  1. The state board shall promulgate rules setting forth:
    1. The process for identifying schools and school districts that fail to meet the standards;
    2. Enforcement measures the state board may apply to bring a school or school district into compliance with the standards, including, but not limited to, annexation, consolidation, or reconstitution of the school district in accordance with § 6-13-1401 et seq. and this subchapter; and
    3. The appeal process available to a school district under this subchapter.
  2. After the rules are adopted and implemented by the state board, standards and procedures shall regularly be reviewed by the House Committee on Education and the Senate Committee on Education at least one (1) time every two (2) years, and recommendations and advice may be filed by the House Committee on Education and the Senate Committee on Education with the state board for its consideration.
    1. The division shall conduct a Standards for Accreditation of Arkansas Public Schools and School Districts review for each public school or public school district in the state:
      1. Identified as being at a high risk of failing to meet the standards; or
      2. Whenever the division or state board deems necessary.
    2. The review under subdivision (e)(1) of this section may be conducted on-site at the public school or public school district.
  3. The Commissioner of Elementary and Secondary Education may require that the superintendent of each school district file a written statement with the division as evidence that the school district for which the superintendent is responsible has complied with any or all of the following statutory requirements:
    1. Section 6-10-111(d)-(f) concerning the Equity Assistance Center;
    2. Section 6-11-129(a)(1) concerning data to be accessible on the district's website;
    3. Section 6-13-109 concerning employment of a school superintendent;
    4. Section 6-13-620 concerning powers and duties of the local school district board of directors;
    5. Section 6-13-801 et seq. concerning educational compacts;
    6. Section 6-15-202(b)(1) concerning accreditation;
    7. Section 6-15-2901 et seq. concerning the Arkansas Educational Support and Accountability Act;
    8. Section 6-15-502 concerning home schools;
    9. Section 6-15-902 concerning grading scale;
    10. Section 6-15-1004 concerning qualified teachers;
    11. Section 6-15-1101(b) concerning diplomas;
    12. Section 6-15-1402 concerning the school performance report;
    13. Section 6-15-1603 concerning closing the achievement gap;
    14. Section 6-15-1701 et seq. concerning a parental involvement plan;
    15. [Repealed.]
    16. Section 6-16-102 concerning school day;
    17. Section 6-16-103 concerning course of study generally;
    18. Section 6-16-124 concerning Arkansas history;
    19. Section 6-16-126 concerning food handling safety;
    20. Section 6-16-130 concerning visual art and music;
    21. Section 6-16-132 concerning physical education;
    22. [Repealed.]
    23. [Repealed.]
    24. Section 6-16-1201 et seq. concerning advanced placement and concurrent enrollment;
    25. Section 6-17-102 concerning emergency first aid personnel;
    26. Section 6-17-201 concerning personnel policies;
    27. Section 6-17-309 concerning licensure;
    28. Section 6-17-401 et seq. concerning teacher's license requirement;
    29. Section 6-17-2301 concerning establishment of personnel policies;
    30. Section 6-17-2403 concerning teacher compensation;
    31. Section 6-18-101 concerning qualifications for valedictorian and salutatorian, if applicable;
    32. Section 6-18-201 et seq. concerning compulsory attendance;
    33. Section 6-18-202 concerning age and residence for attending public schools;
    34. Section 6-18-207 concerning minimum age for enrollment in public school;
    35. [Repealed.]
    36. Section 6-18-213 concerning attendance records and reports generally;
    37. Section 6-18-223 concerning credit for college courses;
    38. Section 6-18-501 et seq. concerning guidelines for development of school district student discipline policies and written student discipline policies;
    39. Section 6-48-101 et seq. concerning alternative learning environments;
    40. Section 6-48-103 concerning assessment and intervention in alternative learning environments;
    41. Section 6-18-701 et seq. concerning physical examinations;
    42. Section 6-18-2003 concerning a comprehensive school counseling program;
    43. Section 6-19-101 concerning transportation;
    44. Section 6-20-2202 concerning the budget and expenditure report;
    45. Section 6-21-106 concerning fire hazards inspection before closing for breaks;
    46. Section 6-21-112 concerning school facilities;
    47. Section 6-25-101 et seq. concerning the public school library media and technology;
    48. Section 6-41-101 et seq. concerning services to children with disabilities in nonpublic schools;
    49. Section 6-42-101 concerning gifted and talented children;
    50. Section 6-17-2803(7) and rules promulgated by the state board concerning the required training and credentialing of evaluators under the Teacher Excellence and Support System, § 6-17-2801 et seq.; and
    51. Any other statutory mandate for school districts identified by the division as relevant to the Standards for Accreditation of Arkansas Public Schools and School Districts.
  4. In addition to any written statement of assurance required under subsection (f) of this section, the division may conduct an on-site review of a school district to confirm that a school district has complied with any statutory requirements listed in subsection (f) of this section or any other matter related to the standards.
  5. The division shall establish a form for the written statement of assurance required under subsection (f) of this section and shall establish a date or dates by which school districts shall submit the written statement of assurance required under subsection (f) of this section.
  6. If any superintendent fails to file a written statement of assurance as required by the commissioner under subsection (f) of this section by the date established by the division or knowingly submits false information or if the division determines the information in the statement is inaccurate or incomplete, the division may:
    1. Conduct a random on-site visit;
    2. Request additional information from the school district;
    3. Take licensure action on the license of the superintendent under the procedure of § 6-17-410; or
    4. Find the school or school district in citation or probationary violation of the Standards for Accreditation of Arkansas Public Schools and School Districts.

History. Acts 1983, No. 445, § 4; A.S.A. 1947, § 80-4604; Acts 1997, No. 112, § 3; 2003, No. 1467, § 2; 2005, No. 1684, § 1; 2005, No. 2131, § 26; 2007, No. 54, § 2; 2007, No. 829, § 2; 2011, No. 1118, § 1; 2013, No. 421, § 1; 2013, No. 1138, §§ 15, 16; 2015, No. 1091, § 2; 2017, No. 869, § 1; 2017, No. 936, § 13; 2019, No. 190, § 1; 2019, No. 315, §§ 202-204; 2019, No. 757, §§ 8-11; 2019, No. 910, §§ 1183-1189.

A.C.R.C. Notes. Acts 2007, No. 829, § 1, provided: “Findings. It is found and determined by the General Assembly that:

“(1) The school districts in Pulaski County entered into a settlement agreement and desegregation plans in 1989 with the intent to fulfill a ‘promise for achieving unitary school systems which are free from the vestiges of racial discrimination’;

“(2) The State of Arkansas has paid the districts in excess of approximately seven hundred million dollars ($700,000,000) to assist the districts in fulfilling their promise to achieve unitary schools free from the vestiges of racial discrimination;

“(3) The Little Rock School District has recently been declared unitary and has been released from federal court supervision, but the Pulaski County Special School District and the North Little Rock School District have yet to attain a ruling that they have fulfilled their promise to their students to achieve unitary school systems;

“(4) These school districts believe they are unitary or have achieved a unitary status in some respect, and have stated so publicly in legislative committee meetings;

“(5) The General Assembly finds that without any ruling from the federal district court that the districts have achieved unitary status, there is no assurance that the promise of schools free of the vestiges of racial discrimination has been fulfilled by these districts;

“(6) The General Assembly finds that, as a part of the state's overall obligation to provide a general, suitable, and efficient school system, the students and parents of the Pulaski County districts deserve to know that they are being educated in a unitary school district, or if their district is not unitary in some respect the district should be making adequate progress towards being declared fully unitary;

“(7) The General Assembly seeks to assist the school districts to achieve unitary status and to fulfill their promise to provide school systems which are free from the vestiges of racial discrimination consistent with their desegregation plans; and

“(8) The General Assembly also seeks to provide some assurance to the children in the districts that the promise of unitary schools in the Pulaski County districts will be fulfilled within a reasonable amount of time.”

Amendments. The 2011 amendment substituted “§ 6-48-101 et seq.” for “§ 6-18-508” in (39); and substituted “§ 6-48-103” for “§ 6-18-509” in (40).

The 2013 amendment by No. 421 redesignated former (b)(2) as (b)(2)(A), and added (b)(2)(B) through (b)(2)(F).

The 2013 amendment by No. 1138 substituted “licensure” for “certification” in (f)(27); and substituted “§ 6-17-2403” for “§ 6-17-2402” in (f)(30).

The 2015 amendment inserted present (f)(50) and redesignated former (f)(50) as (f)(51).

The 2017 amendment by No. 869, in the present introductory language of (e)(1), substituted “shall conduct a” for “shall conduct an on-campus” and “each public school or public school district in the state” for “each school district in the state no less than one (1) time every four (4) years”; added (e)(1)(A) and (e)(1)(B); and rewrote (e)(2).

The 2017 amendment by No. 936 rewrote (f)(7).

The 2019 amendment by No. 190 substituted “6-18-2003 concerning a comprehensive school counseling program” for “6-18-1005 concerning a student services program” in (f)(42).

The 2019 amendment by No. 315 substituted “rules” for “regulations” in (a)(1) and (a)(2); deleted “and regulations” following “rules” in the introductory language of (c); and substituted “rules” for “regulations” in (d).

The 2019 amendment by No. 757 repealed (f)(15), (f)(22), (f)(23), and (f)(35); and added “if applicable” to (f)(31).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); substituted “division” for “department” in (b)(2)(B)(iii), and throughout (e) through (i); and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in the introductory language of (f).

6-15-203. Notification of failure to meet standards for accreditation — Appeal.

    1. The Division of Elementary and Secondary Education annually shall notify all schools or school districts failing to meet standards for accreditation for elementary and secondary schools not later than May 1 of each year of this determination.
      1. However, at any time the division may immediately notify a public school or school district failing to meet standards for accreditation for elementary and secondary schools when the failure is discovered by the division under § 6-15-202(i).
      2. A public school or school district notified by the division of the public school's or school district's failure to meet the standards for accreditation due to actions taken under § 6-15-202(i) shall have the same period of time to appeal to the State Board of Education as provided under subdivision (b)(3) of this section.
    1. In the event that a school district affected by this subchapter believes the division has improperly determined that a school or school district fails to meet the standards for accreditation, the school district shall have a right of appeal thereafter to the state board.
    2. Any appeal shall be held in an open hearing, and the decision of the state board shall be in open session.
    3. Appeals must be filed not later than May 15 following the May 1 determination of accreditation status, and the state board hearing must be held before June 30 of the same calendar year.
    4. The state board may confirm the classification of a local school or school district as determined by the division, or it may sustain the appeal of the school district.
    5. An aggrieved school district may appeal the ruling of the state board to Pulaski County Circuit Court pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

History. Acts 1983, No. 445, § 6; A.S.A. 1947, § 80-4606; Acts 1993, No. 603, § 1; 2003, No. 1467, § 3; 2009, No. 1469, § 3; 2011, No. 989, §§ 12, 13; 2019, No. 910, §§ 1190, 1191.

Amendments. The 2009 amendment rewrote (a).

The 2011 amendment substituted “May 1” for “May 15” in (a)(1) and (b)(3); and in (b)(3), substituted “May 15” for “May 30” and “June 30” for “August 15.”

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “division” for “department” throughout (a)(2) and in (b)(1).

Case Notes

Due Process.

Superintendent's argument that her constitutional due process rights were violated by removal was rejected because the statute governing a school district's termination of a superintendent for cause did not apply, the school district was afforded notice and a right to appeal under the provisions relating to accreditation, and the superintendent never raised the issue of lack of notice or constitutional due process to the Arkansas State Board of Education either before, or during, a June 11, 2012 meeting. Dunn-Wright v. Ark. State Bd. of Educ., 2015 Ark. App. 152, 457 S.W.3d 667 (2015).

Removal of Superintendent.

Any challenge to a finding that a school district had violated accreditation standards for the 2011-12 school year had been waived because the school district failed to appeal that finding to the Arkansas State Board of Education; because the school district failed to contest a year-two violation, the State Board was authorized to reconstitute the leadership of the school district by removing the superintendent and the school district board members. Dunn-Wright v. Ark. State Bd. of Educ., 2015 Ark. App. 152, 457 S.W.3d 667 (2015).

6-15-204. [Repealed.]

Publisher's Notes. This section, concerning the initial failure to meet standards, was repealed by Acts 1999, No. 1078, § 54. The section was derived from Acts 1983, No. 445, § 2; A.S.A. 1947, § 80-4602.

6-15-205. [Repealed.]

Publisher's Notes. This section, concerning isolated districts, was repealed by Acts 1995, No. 917, § 15. The section was derived from Acts 1983, No. 445, § 3; A.S.A. 1947, § 80-4603.

6-15-206. Subsequent failure to meet standards for accreditation.

  1. Any school or school district which fails to meet current standards for accreditation as determined by the Division of Elementary and Secondary Education shall be classified as probationary.
    1. Notice thereof shall be filed with the school district in which the school is located that the school or school district must meet all standards for accreditation within no more than two (2) consecutive school years, including the year the probationary status is declared, or be subject to the mandates of this subchapter, including, but not limited to, possible consolidation, annexation, or reconstitution of a school district as provided under § 6-13-1401 et seq. and this subchapter.
    2. The division shall prepare and promulgate rules and guidelines for the maximum times allowable for correction of any violations of standards, provided no probationary status violation may exist for more than two (2) consecutive school years.
    1. School districts shall submit annually evidence of compliance with standards for accreditation for the school district and each school in the school district.
    2. The division shall review annually the educational standards of school districts for the purpose of determining whether standards for accreditation of the schools therein are in compliance with current state standards for accreditation.
    1. The division shall conduct a review of each school's compliance if the division has reason to believe that the school district or any school within the public school district has fallen below standards for accreditation.
    2. The review under subdivision (d)(1) of this section may be conducted on-site at the public school or public school district.
  2. The division shall cooperate with local schools and school authorities in order to assist affected school districts and schools therein to achieve compliance with the standards for accreditation as provided in this subchapter.

History. Acts 1983, No. 445, § 5; A.S.A. 1947, § 80-4605; Acts 1989, No. 481, § 1; 1993, No. 603, § 2; 2003, No. 1467, § 4; 2017, No. 869, § 2; 2019, No. 315, § 205; 2019, No. 910, § 1192-1196.

Amendments. The 2017 amendment redesignated former (d) as (d)(1); in (d)(1), substituted “The department shall conduct a” for “An onsite”, deleted “shall be made at least every two (2) years or more frequently” following “compliance”, and substituted “within the public school district” for “therein”; and added (d)(2).

The 2019 amendment by No. 315 substituted “rules” for “regulations” in (b)(2).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” throughout the section.

6-15-207. Enforcement of standards.

  1. The State Board of Education may take any number of the actions listed in subsection (c) of this section to address a school or school district failure to meet standards for accreditation any time after a school or school district has received notice of being placed on probationary status pursuant to §§ 6-15-202 and 6-15-203.
  2. The state board shall take at least one (1) of the actions listed in subsection (c) of this section to address any school or school district which has failed to meet all standards for accreditation for two (2) consecutive school years, including the year the probationary status is declared pursuant to §§ 6-15-202 and 6-15-203, unless the state board, at its discretion, issues written findings supported by a majority of the state board that the school district could not meet current standards for the relevant time period due to impossibility caused by external forces beyond the school district's control.
  3. The state board shall be allowed to take the following actions to address any school or school district on probationary status for failing to meet the standards for accreditation:
    1. Require a school district to reorganize or reassign the administrative, instructional, or support staff of a public school;
    2. Require a school or school district to institute and fully implement a curriculum that is based on state academic content and achievement standards, including providing appropriate professional development at the cost of the school district;
    3. Remove a particular school from the jurisdiction of a school district and establish alternative public governance and supervision of the school;
    4. Require a school district to close down or dissolve a particular school or schools within a school district;
    5. Annex a school district or districts or parts thereof with another receiving school district or districts pursuant to the authority of § 6-13-1401 et seq. and this subchapter;
    6. Consolidate a school district or districts or parts thereof with another school district or districts or parts thereof to form a resulting district pursuant to the authority of § 6-13-1401 et seq. and this subchapter;
    7. Reconstitute the leadership of a school district by removing permanently or suspending on a temporary basis the superintendent of the school district or any particular board members of a school district. The state board shall have the authority to appoint an administrator or to call for the election of new school district board members to administer the affairs and provide governance of the school district, or both; and
    8. Take any other appropriate action allowed by law which is determined by the state board to assist and address a school or school district failure to meet the standards for accreditation.

History. Acts 2003, No. 1467, § 5.

Publisher's Notes. Former § 6-15-207, concerning annexation and combination by petition, was repealed by Acts 1999, No. 1078, § 55. The section was derived from Acts 1983, No. 445, § 9; 1983 (1st Ex. Sess.), No. 61, § 1; A.S.A. 1947, § 80-4609; Acts 1987, No. 855, § 1; 1987 (1st Ex. Sess.), No. 3, § 2; 1991, No. 1033, § 1; 1993, No. 294, § 9.

Case Notes

Removal of Superintendent.

Any challenge to a finding that a school district had violated accreditation standards for the 2011-12 school year had been waived because the school district failed to appeal that finding to the Arkansas State Board of Education; because the school district failed to contest a year-two violation, the State Board was authorized to reconstitute the leadership of the school district by removing the superintendent and the school district board members. Dunn-Wright v. Ark. State Bd. of Educ., 2015 Ark. App. 152, 457 S.W.3d 667 (2015).

6-15-208. Publication and dissemination.

When any school of a school district or the school district is determined by the State Board of Education to be on probationary status for failure to meet the standards for accreditation, that school district after exhausting its rights to appeal shall:

  1. Publish the probationary status determination and findings of the state board to the public and the parents or caregiver of each student enrolled in the school or school district determined to have failed to meet the standards for accreditation;
  2. The public notice shall be in an understandable and uniform format; and
  3. The public notice shall be published or disseminated, immediately after the state board's determination on the website of the school district and published at least one (1) time a week for two (2) consecutive weeks in a local newspaper of general circulation in the affected school district.

History. Acts 2003, No. 1467, § 5.

Publisher's Notes. Former § 6-15-208, concerning the annexation of an independent school district having territory in more than one county, was repealed by Acts 1993, No. 294, § 9. The section was derived from Acts 1983, No. 445, § 12; A.S.A. 1947, § 80-4612.

6-15-209. Rules.

The State Board of Education shall promulgate rules as necessary to set forth the:

  1. Process for identifying and addressing a school or school district that is failing to meet the Standards for Accreditation of Arkansas Public Schools and School Districts;
  2. Process and measures to be applied to require a school or school district to comply with the standards, including, but not limited to, possible annexation, consolidation or reconstitution of a school district under § 6-13-1401 et seq. and this subchapter;
  3. Appeals process and procedures available to a school district pursuant to this subchapter and current law; and
  4. Definitions and meaning of relevant terms governing the establishment and governance of the standards.

History. Acts 2003, No. 1467, § 5; 2019, No. 315, § 206.

Publisher's Notes. Former § 6-15-209, concerning an action for dissolution involving an annexed district, was repealed by Acts 1993, No. 294, § 9. The section was derived from Acts 1983, No. 445, § 8; A.S.A. 1947, § 80-4608.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in the introductory language.

6-15-210. [Repealed.]

Publisher's Notes. This section, concerning a director to represent an annexed district, was repealed by Acts 1993, No. 294, § 9. The section was derived from Acts 1983, No. 445, § 10; A.S.A. 1947, § 80-4610.

6-15-211. [Repealed.]

Publisher's Notes. This section, concerning amount of state aid to consolidated or annexed districts, was repealed by Acts 2003, No. 1467, § 6. The section was derived from Acts 1983, No. 445, § 7; A.S.A. 1947, § 80-4607.

6-15-212. [Repealed.]

Publisher's Notes. This section, concerning sharing the assets and liabilities of an annexed district, was repealed by Acts 1993, No. 294, § 9. The section was derived from Acts 1983, No. 445, § 11; A.S.A. 1947, § 80-4611.

6-15-213. Course considered as taught under certain circumstances.

A course shall be considered as taught by a school district in compliance with the Standards for Accreditation of Arkansas Public Schools and School Districts if:

  1. A course required to be taught by a school district under the State Board of Education's Standards for Accreditation of Arkansas Public Schools and School Districts:
    1. Has an enrollment of one (1) or more students and all students enrolled in the course leave the school district or drop the course after the course has commenced but before the completion of the course in each given school year or school semester the course is to be taught; or
    2. The school district made the course available to students as required but no students signed up to take the course;
  2. The school district superintendent certifies in writing that no student eligible to take the required course enrolled to attend the school district campus where the course was required to be taught after the initial student or students left the school district or that no eligible student enrolled in the course offered by the school district;
  3. The school district provides written proof, as required by the Division of Elementary and Secondary Education, that the school district had the course scheduled to be taught on the school district's master course schedule during the entire time the course was required to be taught;
  4. The school district provides written proof, as required by the division, that the school district had a properly licensed teacher employed and able to teach the required course during the entire time the course was required to be taught on site at the school district, by independent study, or has access to the course via distance education approved by the division, and the course was listed on the school district's master course schedule; and
  5. The division, upon review of proper records of the school district and information certified by the school district superintendent, confirms that the school district satisfied the requirements of subdivisions (2)-(4) of this section and verifies that the information submitted pursuant to subdivisions (2)-(4) of this section is correct.

History. Acts 2007, No. 219, § 1; 2013, No. 1138, § 17; 2015, No. 853, § 1; 2019, No. 910, § 1197.

Amendments. The 2013 amendment substituted “licensed” for “certified” in (a)(3).

The 2015 amendment deleted former (a)(5) and former (b); and rewrote the remaining provisions.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (3); and substituted “Division of Elementary and Secondary Education” for “department” twice in (4).

6-15-214. Advanced placement course counted as core curriculum course taught.

  1. The purpose of this section is to assist small, rural public schools in providing students access to the most rigorous courses available if it is the desire of students to take advanced placement courses in the place of regular courses and, in doing so, to meet the requirements of the Standards for Accreditation of Arkansas Public Schools and School Districts.
    1. The Division of Elementary and Secondary Education acknowledges that the rigor and level of difficulty of advanced placement courses exceed the requirements of regular courses.
    2. Such rigor and level of difficulty are validated through the required advanced placement audit and advanced placement examinations.
  2. The State Board of Education shall consider an advanced placement course as being taught for one (1) of the required courses under the Standards for Accreditation of Arkansas Public Schools and School Districts if:
    1. The public school district has a qualified teacher for the required course;
    2. No students enrolled in the required course;
    3. An advanced placement course in the same subject area as the required course has students enrolled in the advanced placement course;
    4. The public school district teaches all other courses required by the standards for accreditation; and
      1. The public school district teaches the required course to any student who enrolls in the public school district after the school year begins.
      2. The public school district may teach the required course to a new student:
        1. In a traditional classroom setting;
        2. Through distance learning with a qualified teacher; or
        3. By modifying the advanced placement course on an individual level to accommodate the new student.
    1. The public school district shall notify the division after registration in the spring before the beginning of the new school year and immediately after the school year begins if no students enrolled in the required course and the public school district will seek to meet the standards for accreditation using the advanced placement course.
    2. Upon receiving the public school district notification and after spring registration, the division shall permit the public school district to meet the standards for accreditation by teaching the advanced placement course in place of the required course.
  3. If a new student enrolls in the required course, the public school district shall immediately notify the division.
  4. The division shall establish procedures to ensure that no student is coerced into taking an advanced placement course for the purpose of meeting the standards for accreditation.

History. Acts 2007, No. 1015, § 1; 2019, No. 910, §§ 1198-1200.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(1); and substituted “division” for “department” in (d) twice and in (f).

6-15-215. The Arkansas Smart Core Incentive Funding Program — Definitions.

  1. The General Assembly finds that:
    1. The skills and knowledge gained through Arkansas's Smart Core curriculum provide the academic foundation required for high school graduates to succeed in their first year of college or in a job that promises a well-paying career track; and
    2. School districts should encourage all students who are capable of completing the Smart Core curriculum to do so.
  2. As used in this section:
    1. “Eligible high school” means each public high school in a school district that meets the criteria to receive incentive funding under subsection (f) of this section and the program rules adopted under this section by the State Board of Education;
    2. “Smart Core” means the curriculum established by the Division of Elementary and Secondary Education under the Standards for Accreditation of Arkansas Public Schools and School Districts that is part of Smart Future, a state initiative focused on improving Arkansas public high schools for all students; and
    3. “Smart Core graduate” means a student who graduated from an Arkansas public high school after having successfully completed the Smart Core curriculum.
  3. The Arkansas Smart Core Incentive Funding Program is established to provide a financial incentive to:
    1. Assist with a public high school's efforts to encourage public high school students to complete the Smart Core curriculum;
    2. Promote programs that contribute to student success, including without limitation:
      1. Tutoring;
      2. Quality after-school and summer programs that may include literacy, math, and science specialists in elementary school; and
      3. Professional development for mathematics, science, literacy, foreign language, and Advanced Placement instruction; and
    3. Provide support to school counselors to improve student services.
      1. A school district that receives incentive funding under this section shall provide the incentive funding to each eligible high school in the school district.
      2. The eligible high school shall spend the incentive funding only for the purposes identified in subsection (c) of this section.
    1. A school district that receives incentive funding under this program shall not use the incentive funding to provide increases to the salary schedule of the school district.
    1. Subject to an appropriation and available funding for the program, the division shall pay incentive funding to a school district under this section based on an annual percentage of Smart Core graduates from a public high school in the school district.
      1. The division shall make the calculation based on a student record analysis conducted annually by the division beginning with the graduating class of 2010.
      2. The division shall exclude from the student record analysis a student with an individualized education program that does not require a student to complete the Smart Core curriculum.
    1. By June 30 of each year, the division shall pay to a school district incentive funding under the program as follows:
      1. If one hundred percent (100%) of a public high school's graduates in the immediately preceding school year completed the Smart Core curriculum, the school district where the public high school is located shall receive one hundred twenty-five dollars ($125) per Smart Core graduate;
      2. If at least ninety-five percent (95%) but less than one hundred percent (100%) of a public high school's graduates in the immediately preceding school year completed the Smart Core curriculum, the school district where the public high school is located shall receive one hundred dollars ($100) per Smart Core graduate; and
      3. If at least ninety percent (90%) but less than ninety-five percent (95%) of a public high school's graduates in the immediately preceding school year completed the Smart Core curriculum, the school district where the public high school is located shall receive fifty dollars ($50.00) per Smart Core graduate.
    2. The division shall not pay incentive funding to a school district for a public high school in which less than ninety percent (90%) of its graduates complete the Smart Core curriculum.
    3. If a public high school's graduation rate falls below the average graduation rate for the public high school for the previous three (3) school years, the school district is not eligible to receive the full incentive award under the program for the public high school.
  4. Participation in the program is voluntary.
  5. This section is effective from July 1, 2009, through June 30, 2020.

History. Acts 2009, No. 1481, § 1; 2019, No. 692, § 3; 2019, No. 910, §§ 1201-1204.

Amendments. The 2019 amendment by No. 692 deleted “the College Preparatory Enrichment Program (CPEP) and” following “include” in (c)(2)(B).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(2); and substituted “division” for “department” throughout the section.

6-15-216. Flexibility in awarding course credit.

    1. Beginning in the 2018-2019 school year, a public school district may submit a plan for approval to the Division of Elementary and Secondary Education to award units of high school course credit based on a demonstration of subject matter competency instead of, or in combination with, completing hours of classroom instruction.
    2. The plan shall include a method for recording demonstrated subject matter competency on high school transcripts.
  1. Upon approval, a public school district shall not be in violation of any requirement in the Standards for Accreditation of Arkansas Public Schools and School Districts that units of credit be awarded for a minimum number of clock hours if the public school district awards units of credit based on a demonstration of subject matter competency instead of, or in combination with, completing hours of classroom instruction if the awarding of credit is in compliance with the public school district's approved plan.
  2. The division may promulgate rules to implement this section, including without limitation guidelines to assist public school districts in transitioning to awarding credits as provided under this section.

History. Acts 2017, No. 872, § 1; 2019, No. 910, §§ 1205, 1206.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “division” for “department” in (c).

Subchapter 3 — Effective School Project Act

6-15-301 — 6-15-305. [Repealed.]

Publisher's Notes. This subchapter, concerning the Effective School Project Act, was repealed by Acts 1999, No. 100, § 5. The subchapter was derived from the following sources:

6-15-301. Acts 1983 (1st Ex. Sess.), No. 49, § 1; A.S.A. 1947, § 80-4621.

6-15-302. Acts 1983 (1st Ex. Sess.), No. 49, § 2; A.S.A. 1947, § 80-4622.

6-15-303. Acts 1983 (1st Ex. Sess.), No. 49, § 3; A.S.A. 1947, § 80-4623.

6-15-304. Acts 1983 (1st Ex. Sess.), No. 49, § 4; A.S.A. 1947, § 80-4624.

6-15-305. Acts 1983 (1st Ex. Sess.), No. 49, § 5; A.S.A. 1947, § 80-4625.

Subchapter 4 — Arkansas Comprehensive Testing, Assessment, and Accountability Program Act

A.C.R.C. Notes. Acts 2017, No. 930, § 3, provided:

“(a) To ensure an orderly transition from the Arkansas Comprehensive Testing, Assessment, and Accountability Program Act, § 6-15-401 et seq., to the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq., the Department of Education shall continue to provide supports and interventions to the state's existing priority schools, focus schools, and public schools and public school districts in academic distress or under state authority to meet current state and federal requirements.

“(b) As part of the transition process:

“(1) Public school districts classified as being in academic distress and under state authority as of the effective date of this act [August 1, 2017] shall:

“(A) Be classified by the State Board of Education as in need of Level 5 — Intensive support;

“(B) Receive Level 5 — Intensive support; and

“(C) Continue to be under state authority subject to the provisions of this act;

“(2) Public schools that meet the requisite exit criteria for academic distress, priority, or focus status shall be removed from that classification; and

“(3)(A) The department, in collaboration with the public school district, shall develop a transitional support plan for public school districts that have public schools classified in academic distress, priority, or focus status.

“(B) Transitional support plans shall:

“(i) Be approved by the state board;

“(ii) Be based on data from:

“(a) Reports required under the state or federal accountability systems in effect prior to this act;

“(b) Public school and public school district comprehensive improvement plans;

“(c) Interim and summative student assessment results from the 2015-2016 and 2016-2017 school years; and

“(d) Other local data indicating student progress; and

“(iii) Describe the support:

“(a) The department will provide to the public school district; and

“(b) The public school district will provide to its public schools.

“(C) The department shall continue to assist public school districts pursuant to the approved transitional support plans until the department determines no later than July 1, 2019, the level of support the public school district will receive under the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.”

6-15-401 — 6-15-441. [Repealed.]

Publisher's Notes. This subchapter, concerning the Arkansas Comprehensive Testing, Assessment, and Accountability Program Act, was repealed by Acts 2017, No. 930, § 1. The subchapter was derived from the following sources:

6-15-401. Acts 1983 (1st Ex. Sess.), No. 54, § 1; 1983 (1st Ex. Sess.), No. 89, § 1; A.S.A. 1947, § 80-5801; Acts 1993, No. 846, § 1; 1997, No. 1172, § 1; 1999, No. 999, § 1; 2003, No. 1467, § 7.

6-15-402. Acts 1983 (1st Ex. Sess.), No. 54, § 2; 1983 (1st Ex. Sess.), No. 89, § 2; A.S.A. 1947, § 80-5802; Acts 1993, No. 846, § 2; 1997, No. 1172, § 2; 1999, No. 999, § 2; 2003, No. 1467, § 8; 2003 (2nd Ex. Sess.), No. 35, § 3.

6-15-403. Acts 1983 (1st Ex. Sess.), No. 54, § 3; 1983 (1st Ex. Sess.), No. 89, § 3; A.S.A. 1947, § 80-5803; Acts 1993, No. 846, § 3; 1997, No. 1172, § 3; 1999, No. 999, § 4; 2003, No. 1467, § 9; 2011, No. 989, § 14.

6-15-404. Acts 1983 (1st Ex. Sess.), No. 54, § 13; 1983 (1st Ex. Sess.), No. 89, § 13; A.S.A. 1947, § 80-5813; Acts 1993, No. 846, § 4; 1997, No. 1172, § 4; 1999, No. 999, § 5; 2003, No. 1467, § 10; 2003 (2nd Ex. Sess.), No. 35, § 1; 2007, No. 1573, § 3; 2011, No. 989, § 15; 2013, No. 1081, § 2; 2015, No. 1217, §§ 2-4.

6-15-406. Acts 1983 (1st Ex. Sess.), No. 54, § 4; 1983 (1st Ex. Sess.), No. 89, § 4; A.S.A. 1947, § 80-5804; Acts 1993, No. 846, § 6; 1997, No. 1172, § 6; 1999, No. 999, § 8; 2003, No. 1467, § 11; 2015, No. 1217, § 5.

6-15-407. Acts 1983 (1st Ex. Sess.), No. 54, § 5; 1983 (1st Ex. Sess.), No. 89, § 5; A.S.A. 1947, § 80-5805; Acts 1993, No. 846, § 7; 1994 (2nd Ex. Sess.), No. 47, § 1; 1995, No. 385, § 1; 1997, No. 1172, § 7; 1999, No. 999, § 9.

6-15-414. Acts 1983 (1st Ex. Sess.), No. 54, § 10; 1983 (1st Ex. Sess.), No. 89, § 10; A.S.A. 1947, § 80-5810.

6-15-415. Acts 1983 (1st Ex. Sess.), No. 54, § 12; 1983 (1st Ex. Sess.), No. 89, § 12; A.S.A. 1947, § 80-5812.

6-15-419. Acts 1999, No. 999, § 3; 2003, No. 1467, § 12; 2003 (2nd Ex. Sess.), No. 35, § 11; 2007, No. 1573, § 4; 2009, No. 1307, § 1; 2011, No. 989, § 16; 2013, No. 600, § 1; 2013, No. 1081, §§ 3-5; 2013, No. 1429, §§ 2, 3; 2015, No. 854, § 1; 2015, No. 1217, §§ 6-9.

6-15-420. Acts 1999, No. 999, § 7; 2003, No. 1467, § 13; 2007, No. 1573, § 5; 2013, No. 1081, § 6; 2015, No. 1217, § 10.

6-15-421. Acts 1999, No. 999, § 10; 2003, No. 1467, § 14; 2003 (2nd Ex. Sess.), No. 35, § 2; 2005, No. 2197, § 1; 2007, No. 1573, § 6; 2015, No. 1217, § 11.

6-15-422. Acts 1999, No. 999, § 12.

6-15-424. Acts 2003, No. 1467, § 15; 2007, No. 1573, § 7; 2015, No. 1217, § 12.

6-15-425. Acts 2003, No. 1467, § 16; 2013, No. 600, § 2.

6-15-426. Acts 2003, No. 1467, § 16; 2007, No. 807, §§ 1, 2; 2007, No. 1573, § 8; 2009, No. 376, § 16; 2015, No. 841, §§ 1, 2; 2015, No. 1217, § 13.

6-15-427. Acts 2003, No. 1467, § 16.

6-15-428. Acts 2003, No. 1467, § 16; 2013, No. 600, § 3.

6-15-429. Acts 2003, No. 1467, § 16; 2013, No. 600, § 4.

6-15-430. Acts 2003, No. 1467, § 16; 2013, No. 600, § 5; 2013, No. 1073, § 13; 2013, No. 1227, § 2; 2013, No. 1429, § 4; 2015, No. 846, § 6.

6-15-431. Acts 2003, No. 1467, § 16; 2013, No. 600, § 6; 2015, No. 1272, § 1.

6-15-432. Acts 2003, No. 1467, § 17.

6-15-433. Acts 2003 (2nd Ex. Sess.), No. 35, § 4; 2003 (2nd Ex. Sess.), No. 75, § 1; 2007, No. 1573, §§ 9, 10; 2009, No. 1307, §§ 2, 3; 2013, No. 1081, § 7; 2015, No. 1217, §§ 14, 15.

6-15-434. Acts 2003 (2nd Ex. Sess.), No. 35, § 4.

6-15-435. Acts 2003 (2nd Ex. Sess.), No. 35, § 4; 2003 (2nd Ex. Sess.), No. 75, § 2.

6-15-436. Acts 2003 (2nd Ex. Sess.), No. 35, § 4.

6-15-437. Acts 2003 (2nd Ex. Sess.), No. 35, § 4; 2009, No. 376, § 17.

6-15-438. Acts 2003 (2nd Ex. Sess.), No. 35, § 4; 2007, No. 1573, § 11; 2015, No. 1204, § 1.

6-15-439. Acts 2005, No. 2253, § 1.

6-15-440. Acts 2005, No. 1229, § 1; 2009, No. 222, § 2.

6-15-441. Acts 2009, No. 730, § 2; 2011, No. 879, § 1; 2013, No. 1073, § 14; 2013, No. 1081, § 8; 2015, No. 989, § 1; 2015, No. 1216, § 1.

Former § 6-15-405, concerning reports, was repealed by Acts 1999, No. 999, § 6. The section was derived from Acts 1983 (1st Ex. Sess.), No. 54, § 11; 1983 (1st Ex. Sess.), No. 89, § 11; A.S.A. 1947, § 80-5811; Acts 1993, No. 846, § 5; 1997, No. 1172, § 5.

Former §§ 6-15-4086-15-413, concerning administration of competency tests and test results, were repealed by Acts 1993, No. 846, § 8. The sections were derived from:

6-15-408. Acts 1983 (1st Ex. Sess.), No. 54, § 6; 1983 (1st Ex. Sess.), No. 89, § 6; A.S.A. 1947, § 80-5806.

6-15-409. Acts 1983 (1st Ex. Sess.), No. 54, § 7; 1983 (1st Ex. Sess.), No. 89, § 7; A.S.A. 1947, § 80-5807.

6-15-410. Acts 1983 (1st Ex. Sess.), No. 54, § 8; 1983 (1st Ex. Sess.), No. 89, § 8; A.S.A. 1947, § 80-5808.

6-15-411. Acts 1983 (1st Ex. Sess.), No. 54, § 9; 1983 (1st Ex. Sess.), No. 89, § 9; A.S.A. 1947, § 80-5809.

6-15-412. Acts 1983 (1st Ex. Sess.), No. 54, § 8; 1983 (1st Ex. Sess.), No. 89, § 8; A.S.A. 1947, § 80-5808; Acts 1989, No. 811, § 1.

6-15-413. Acts 1983 (1st Ex. Sess.), No. 54, § 10; 1983 (1st Ex. Sess.), No. 89, § 10; A.S.A. 1947, § 80-5810; Acts 1989, No. 811, § 2.

Former §§ 6-15-4166-15-418, concerning parent conference attendance, failure to attend, and noncompliance of school district, were repealed by Acts 1999, No. 100, §§ 6, 7. The sections were derived from the following sources:

6-15-416. Acts 1989, No. 474, § 1.

6-15-417. Acts 1989, No. 474, § 1.

6-15-418. Acts 1989, No. 811, § 3.

Former § 6-15-423, concerning comparing grade point averages with national test scores, was repealed by Acts 2007, No. 1573, § 49. The section was derived from Acts 2001, No. 1660, § 1.

Subchapter 5 — Home Schools

Cross References. Compulsory attendance, § 6-18-201.

Effective Dates. Acts 1985 (1st Ex. Sess.), Nos. 40, 42, § 11: July 10, 1985. Emergency clause provided: “It is hereby found and determined by the Seventy-Fifth General Assembly meeting in Extraordinary Session that certain parents of school age children are providing educational programs for their children in home schools; that the State of Arkansas does not have adequate statutory provisions concerning the conduct of home schools; that the Arkansas Supreme Court has ruled that educating children at home does not meet the requirements for school attendance set forth in the compulsory attendance laws; that home schooling can be an appropriate educational program for certain children whose parents wish to educate them at home; that the law must be clarified to authorize the education of children in home schools subject to appropriate guidelines established by this Act and the State Board of Education. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health program and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 522, § 7: Mar. 6, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that the immediate implementation of this Act is necessary to clarify requirements for testing home school students as currently required by law and is further necessary to the operation of the Arkansas Department of Education. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 400, § 11: Mar. 7, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the immediate implementation of this Act is necessary to clarify testing requirements for home-schooled students and is further necessary to efficient operation of the Arkansas Department of Education. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Ark. L. Rev.

Note, Mozert v. Hawkins County Board of Education: The Struggle to Balance Competing Constitutional Interests in the Public School Curricula, 42 Ark. L. Rev. 519.

U. Ark. Little Rock L.J.

Legislative Survey, Education, 8 U. Ark. Little Rock L.J. 569.

Case Notes

Constitutionality.

Arkansas Home School Act does not deprive parents of the right to free exercise of religion, the right of due process of law, the right of equal protection of the laws, and the right of privacy and parental liberty in violation of the United States Constitution. Murphy v. Arkansas, 852 F.2d 1039 (8th Cir. 1988).

6-15-501. Definition.

As used in this subchapter, “home school” means a school provided by a parent or legal guardian for his or her own child.

History. Acts 1985 (1st Ex. Sess.), No. 40, § 2; 1985 (1st Ex. Sess.), No. 42, § 2; A.S.A. 1947, § 80-1503.5; Acts 2007, No. 824, § 1.

6-15-502. Rules and procedures for monitoring and enforcing provisions.

  1. The provisions of § 6-18-201(a) shall be self-executing, and the State Board of Education shall have no authority to promulgate rules or guidelines for the enforcement or administration thereof.
  2. The state board is empowered to make such reasonable rules required for the proper administration of this subchapter which are not inconsistent with the intent of this subchapter.

History. Acts 1985 (1st Ex. Sess.), No. 40, § 7; 1985 (1st Ex. Sess.), No. 42, § 7; A.S.A. 1947, § 80-1503.10; Acts 1995, No. 1296, § 15; 1997, No. 400, § 1; 2019, No. 315, § 207.

Amendments. The 2019 amendment deleted “regulations” following “Rules” in the section heading; deleted “regulations” following “rules” in (a); and deleted “and regulations” following “rules” in (b).

6-15-503. Prerequisites to home schooling.

    1. Parents or legal guardians desiring to provide a home school for their children shall give written notice to the superintendent of their local school district of their intent to provide a home school for their children and agree that the parent or legal guardian is responsible for the education of his or her children during the time the parent or legal guardian provides a home school for the children:
      1. At the beginning of each school year but no later than August 15; or
        1. Subject to the provisions of subsection (d) of this section, fourteen (14) calendar days before withdrawing the children from the local school district and at the beginning of each school year thereafter.
        2. The superintendent or the local school district board of directors may waive the fourteen-day waiting period.
    2. Within thirty (30) calendar days of establishing residency within the school district, parents or legal guardians moving into the school district during the school year shall give written notice to the superintendent of their local school district of their intent to provide a home school for their children and agree that the parent or legal guardian is responsible for the education of his or her children during the time the parent or legal guardian provides a home school for the children.
    3. The notice shall include:
      1. The name, sex, date of birth, grade level, and name and address of the school last attended, if any, of each student involved;
      2. The mailing address and telephone number of the home school;
      3. The name of the parent or legal guardian providing the home school;
        1. A statement of plans to participate during the school year in public school interscholastic activities under § 6-15-509.
        2. A failure to provide the information under subdivision (a)(3)(D)(i) of this section does not preclude the student from participating in public school interscholastic activities under § 6-15-509;
      4. A statement of plans to seek a high school equivalency diploma during the current school year;
        1. A statement of plans to seek a driver's license during the current school year.
        2. If a parent or legal guardian includes the information under subdivision (a)(3)(F)(i) of this section, the notice shall include a notarized signature of the parent or legal guardian; and
      5. A signature of the parent or legal guardian.
    4. A written notice under this subsection may be given:
      1. Electronically, including without limitation by email;
      2. By mail; or
      3. In person.
  1. The information provided to the superintendent of the student's local school district under subsection (a) of this section:
    1. Is confidential and not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.; and
    2. May be used only for statistical and recordkeeping purposes as required by law.
  2. Each local school district shall report the statistical data required by this section to the Division of Elementary and Secondary Education each year.
    1. No public school student shall be eligible for enrollment in a home school if the student is currently under disciplinary action for violation of any written school policy, including, but not limited to, excessive unexcused absences.
    2. Public school students who are under disciplinary action by the local school district shall be eligible for enrollment in a home school if:
      1. The superintendent or local school district board of directors chooses to allow the child to enroll in a home school;
      2. The disciplinary action against the student has been completed or the school semester has ended, whichever occurs first; or
      3. The student has been expelled.
  3. The division and the student's local school district shall not create additional criteria or require additional information for a student to attend a home school beyond that provided in this section.

History. Acts 1985 (1st Ex. Sess.), No. 40, § 3; 1985 (1st Ex. Sess.), No. 42, § 3; A.S.A. 1947, § 80-1503.6; Acts 1987, No. 260, § 1; 1995, No. 522, § 1; 1997, No. 400, § 2; 1999, No. 1117, §§ 1, 2; 2017, No. 635, § 1; 2019, No. 910, §§ 1207, 1208.

Amendments. The 2017 amendment, in the introductory language of (a)(1) and in (a)(2), substituted “legal guardians” for “guardians” and substituted “agree that the parent or legal guardian is responsible for the education of his or her children during the time the parent or legal guardian provides a home school for the children” for “sign a waiver acknowledging that the State of Arkansas is not liable for the education of their children during the time that the parents choose to home school”; deleted former (a)(1)(B) and redesignated former (a)(1)(C) as (a)(1)(B); rewrote (a)(3), (a)(4), and (b); added (e); and made stylistic changes.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c); and substituted “division” for “department” in (e).

6-15-504. Enrollment or re-enrollment in local schools.

  1. A local public school district:
    1. Shall afford a home-schooled student who enrolls or re-enrolls in a public school the same rights and privileges enjoyed by other public school students; and
    2. Shall not deny a home-schooled student who enrolls or re-enrolls in a public school any of the following solely on the basis of having attended a home school:
      1. Award of course credits earned in the home school;
      2. Placement in the proper grade level and promotion to the next grade level;
      3. Except as provided in subsection (g) of this section, a diploma or graduation;
      4. Participation in any academic or extracurricular activity;
      5. Membership in school-sponsored clubs, associations, or organizations; or
      6. Scholarships.
  2. To enroll or re-enroll in a public school, a home-schooled student shall submit to the public school:
    1. A transcript listing all courses taken and semester grades from the home school; and
    2. A portfolio of indicators of the home-schooled student's academic progress, including without limitation:
      1. Curricula used in the home school;
      2. Tests taken and lessons completed by the home-schooled student; and
      3. Other indicators of the home-schooled student's academic progress.
  3. A public school shall place a home-schooled student who enrolls or re-enrolls in the public school at a grade level and academic course level equivalent to or higher than the home-schooled student's grade level and academic course level in the home school:
    1. As indicated by the home-schooled student's:
      1. Transcript listing all courses taken and semester grades from the home school;
      2. Score of at least the thirtieth percentile on a nationally recognized norm-referenced assessment taken in the past year; and
      3. Portfolio of indicators of the home-schooled student's academic progress, including without limitation:
        1. Curricula used in the home school;
        2. Tests taken and lessons completed by the home-schooled student; and
        3. Other indicators of the home-schooled student's academic progress; or
    2. By mutual agreement between the public school and the home-schooled student's parent or legal guardian.
  4. If the student is unable to provide a nationally recognized norm-referenced test score, the school shall:
    1. Assess the student using a nationally recognized norm-referenced assessment; or
    2. Waive the nationally recognized norm-referenced assessment requirement.
  5. Except as provided in subsection (f) of this section, if the home-schooled student does not meet the requirements of subsection (c) of this section, the public school shall have sole authority to determine the home-schooled student's grade placement and course credits based on the same methods used when a student who attended another public or private school enrolls or re-enrolls in the public school.
  6. A public school may waive all requirements under subsections (b) and (c) of this section and enroll the student by mutual agreement with the parent or guardian.
  7. A home-schooled student who enrolls or re-enrolls in a local public school shall attend classes for at least nine (9) months immediately before graduation before the student can become eligible to graduate from the public school with a diploma.

History. Acts 1985 (1st Ex. Sess.), No. 40, § 4; 1985 (1st Ex. Sess.), No. 42, § 4; A.S.A. 1947, § 80-1503.7; Acts 1995, No. 522, § 2; 1997, No. 400, § 3; 1999, No. 1117, § 3; 2003, No. 1793, § 1; 2007, No. 617, §§ 7, 8; 2015, No. 832, § 1; 2017, No. 863, § 1.

Amendments. The 2015 amendment deleted “Home-schooled students — Achievement tests —” in the section heading; and rewrote the section.

The 2017 amendment rewrote (a); inserted (b) through (f); redesignated former (b) as (g); in (g), substituted “local public school” for “local school district” and “graduate from the public school with a diploma” for “receive a high school diploma from the school district”; and made stylistic changes.

Research References

Ark. L. Rev.

Note, Mozert v. Hawkins County Board of Education: The Struggle to Balance Competing Constitutional Interests in the Public School Curricula, 42 Ark. L. Rev. 519.

Case Notes

Constitutionality.

This section requiring that a standardized test be given to children under the supervision of a test administrator does not deprive children of the right to free exercise of religion as guaranteed by the First Amendment. Murphy v. Arkansas, 852 F.2d 1039 (8th Cir. 1988).

6-15-505, 6-15-506. [Repealed.]

Publisher's Notes. These sections, concerning report of test and children needing special eduction, were repealed by Acts 1997, No. 400, §§ 4, 5. The sections were derived from the following sources:

6-15-505. Acts 1985 (1st Ex. Sess.), No. 40, § 5; 1985 (1st Ex. Sess.), No. 42, § 5; A.S.A. 1947, § 80-1503.8; Acts 1995, No. 522, § 3.

6-15-506. Acts 1985 (1st Ex. Sess.), No. 40, § 6; 1985 (1st Ex. Sess.), No. 42, § 6; A.S.A. 1947, § 80-1503.9.

6-15-507. Ineligibility of home schools for local, state, or federal funds.

    1. Home schools authorized by this subchapter are not entitled to local, state, or federal funds allocated to a public school district.
    2. For purposes of this section, eligible children with disabilities identified under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., in home school settings shall be given the same consideration afforded to students in private school settings for special education services as provided for in that act.
  1. School districts providing services to home school students shall be eligible for local, state, or federal funds allocated or approved for such services.

History. Acts 1985 (1st Ex. Sess.), No. 40, § 8; 1985 (1st Ex. Sess.), No. 42, § 8; A.S.A. 1947, § 80-1503.11; Acts 1997, No. 400, § 6; 2003, No. 1793, § 2.

6-15-508. Home schooling prohibited if a sex offender resides in the home.

  1. No child may be home schooled if any person residing in the home with the child is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.
  2. Upon petition to the sentencing court from the child's parent or guardian, the sentencing court may enter a written order specifically waiving the restriction in subsection (a) of this section.
  3. This section shall not apply if the child to be home schooled is the person registered under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.

History. Acts 2001, No. 1787, § 1.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Law Enforcement and Emergency Management, 24 U. Ark. Little Rock L. Rev. 501.

6-15-509. Participation of home-schooled students in interscholastic activities — Definitions.

  1. The General Assembly recognizes that all students should have equal access to interscholastic activities as a complement to the academic curriculum.
  2. As used in this section:
    1. “Athletic activity” means a varsity sport or another competitive sports-related contest, game, event, or exhibition that involves an individual student or teams of students either among schools within the resident school district or between schools outside of the resident school district;
    2. “Home-schooled student” means a student legally enrolled in an Arkansas home school;
    3. “Interscholastic activity” means an activity between schools subject to rules of the Arkansas Activities Association that is:
      1. Outside the regular curriculum of a school district, including without limitation an athletic activity, a fine arts program, or a special interest club or group; and
      2. Taught by an individual with a minimum of a high school diploma;
    4. “Parent” is a:
      1. Legal guardian; or
      2. Legal custodian;
    5. “Resident school” is the school to which the student would be assigned by the resident school district; and
    6. “Resident school district” means the school district in which the home-schooled student's parent resides as determined under § 6-18-202.
      1. Except as provided in subdivision (c)(2) of this section, a home-schooled student shall not participate in interscholastic activities at a public school other than the student's resident school.
      2. A home-schooled student may participate in interscholastic activities at a public school other than the home-schooled student's resident school by mutual agreement between the resident school and any other public school where the home-schooled student wishes to participate.
    1. A home-schooled student approved under subdivision (c)(1)(B) of this section to participate in interscholastic activities at a public school other than the home-schooled student's resident school may begin participating:
      1. In an interscholastic activity that is not an athletic activity immediately upon being approved to participate; and
          1. Except as provided in subdivision (c)(2)(B)(ii) of this section, in an interscholastic activity that is an athletic activity one (1) calendar year after being approved to participate.
          2. A home-schooled student under subdivision (c)(2)(B)(i)(a) of this section may immediately participate in rehearsals, tryouts, practices, auditions, classes, or other endeavors associated with the interscholastic activity that is an athletic activity.
        1. A home-schooled student may begin participating in an interscholastic activity that is an athletic activity immediately upon being approved to participate if the home-schooled student is approved to participate by July 1 of the school year for which the home-schooled student will be enrolled in grade seven (7).
    2. A home-schooled student shall not participate in interscholastic activities at more than one (1) public school at the same time.
  3. A resident school district may permit a home-schooled student to participate in an interscholastic activity if:
    1. For the purpose of subsection (g) of this section, the home-schooled student reports to the resident school district within the first eleven (11) days of the fall or spring semester of the resident school district; and
    2. The home-schooled student or his or her parent advises the principal of the resident school in writing of the home-schooled student's request to participate in the interscholastic activity before the signup, tryout, or participation deadlines established for students enrolled in the resident school.
  4. The principal of the resident school shall permit a home-schooled student to pursue participation in an interscholastic activity of the resident school if the home-schooled student or the home-schooled student's parent:
    1. Before the signup, tryout, or participation deadlines established for students enrolled in the resident school, provides to the principal a notice of the home-schooled student's desire to pursue participation; and
    2. Informs the principal in the notice that the home-schooled student has demonstrated academic eligibility by obtaining:
      1. A minimum test score of the thirtieth percentile on the Stanford Achievement Test Series, Tenth Edition, or another nationally recognized norm-referenced test in the previous twelve (12) months; or
      2. A minimum score on a test approved by the State Board of Education.
  5. If a home-schooled student's written request to participate in the interscholastic activity is approved under this section, the home-schooled student:
    1. Although not guaranteed participation in an interscholastic activity, shall have an equal opportunity to try out and participate in interscholastic activities without discrimination; and
    2. Shall not participate unless he or she meets the criteria for participation in the interscholastic activity that apply to students enrolled in the resident school district, including:
      1. Tryout criteria;
      2. Standards of behavior and codes of conduct;
      3. The academic criteria under subdivision (e)(2) of this section;
      4. Practice times;
      5. Required drug testing;
      6. Permission slips, waivers, and physical exams; and
      7. Participation or activity fees.
  6. A home-schooled student who participates in an interscholastic activity may be:
    1. Required to be at school not more than one (1) period per school day; and
    2. Transported by the resident school district to and from interscholastic activities as the resident school district transports other students who are enrolled in the resident school.
  7. A student who withdraws from an Arkansas Activities Association member school to be home-schooled shall not participate in an interscholastic activity in the resident school district for a minimum of three hundred sixty-five (365) days after the student withdraws from the member school.
    1. A public school shall provide a reasonable alternative to any prerequisite for eligibility to participate in an interscholastic activity that the home-schooled student is unable to meet because of his or her enrollment in a home school.
    2. The alternative under subdivision (i)(1) of this section shall provide the home-schooled student with the same opportunity to participate in an interscholastic activity as a public school student.

History. Acts 2013, No. 1469, § 1; 2017, No. 592, §§ 1-3; 2019, No. 315, § 208.

Amendments. The 2017 amendment redesignated part of (b)(4) as (b)(4)(A) and (B); rewrote (c); and added (i).

The 2019 amendment substituted “rules” for “regulations” in the introductory language of (b)(3).

6-15-510. Participation in interscholastic activities at private schools — Definitions.

  1. As used in this section:
    1. “Athletic activity” means a varsity sport or another competitive sports-related contest, game, event, or exhibition that involves an individual student or teams of students between schools;
    2. “Home-schooled student” means a student legally enrolled in an Arkansas home school;
    3. “Interscholastic activity” means an activity between schools subject to rules of the Arkansas Activities Association that is:
      1. Outside the regular curriculum of the school, including without limitation an athletic activity, a fine arts program, or a special interest club or group; and
      2. Taught by an individual with a minimum of a high school diploma; and
    4. “Parent” is a legal guardian or legal custodian.
  2. A private school may approve a home-schooled student to participate in an interscholastic activity if:
    1. The home-schooled student or his or her parent notifies the administrative head of the private school in writing:
      1. Of the home-schooled student's request to participate in the interscholastic activity before the signup, tryout, or participation deadlines established for students enrolled in the private school; and
      2. That the home-schooled student has demonstrated academic eligibility by obtaining:
        1. A minimum test score of the thirtieth percentile on the Stanford Achievement Test Series, Tenth Edition, or another nationally recognized norm-referenced test in the previous twelve (12) months; or
        2. A minimum score on a test approved by the State Board of Education; and
    2. The home-schooled student lives within a twenty-five-mile radius of the private school.
  3. If a home-schooled student's written request to participate in the interscholastic activity is approved under this section, the home-schooled student:
    1. Although not guaranteed participation in an interscholastic activity, shall have an equal opportunity to try out and participate in interscholastic activities without discrimination; and
    2. Shall not participate unless he or she meets the criteria for participation in the interscholastic activity that apply to students enrolled in the private school, including:
      1. Tryout criteria;
      2. Standards of behavior and codes of conduct;
      3. The academic criteria under subdivision (b)(1)(B) of this section;
      4. Practice times;
      5. Required drug testing;
      6. Permission slips, waivers, and physical exams; and
      7. Participation or activity fees.
  4. A home-schooled student who participates in an interscholastic activity may be:
    1. Required to be at the private school not more than one (1) period per school day; and
    2. Transported by the private school to and from interscholastic activities as the private school transports other students who are enrolled in the private school.
    1. A student who withdraws from an Arkansas Activities Association member school to be home schooled shall not participate in an interscholastic activity in a private school for a minimum of three hundred sixty-five (365) days after the student withdraws from the member school.
    2. A student who has not withdrawn from an Arkansas Activities Association member school to become home schooled may begin participating in an interscholastic activity in a private school immediately upon being approved to participate.
    1. A home-schooled student approved under subsection (b) of this section to participate in interscholastic activities at a private school may begin participating in an interscholastic activity that is an athletic activity immediately upon being approved to participate by July 1 of the school year the home-schooled student will be participating in the interscholastic activity.
    2. A home-schooled student approved under subsection (b) of this section may immediately participate in rehearsals, tryouts, practices, auditions, classes, or other endeavors associated with the interscholastic activity that is an athletic activity.
    3. If an interscholastic activity is not an athletic activity, a home-schooled student approved under subsection (b) of this section to participate in interscholastic activities at a private school may begin participating in the interscholastic activities that are not athletic activities immediately upon being approved to participate.
  5. A home-schooled student shall not participate in interscholastic activities at more than one (1) private school at the same time.
  6. A private school may establish additional requirements, policies, or standards for home-schooled students to participate in interscholastic activities at the private school under this section.
  7. A private school shall not be required to allow a home-schooled student to participate in an interscholastic activity under this section.

History. Acts 2017, No. 453, § 1; 2019, No. 315, § 209; 2019, No. 656, § 1.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in the introductory language of (a)(3).

The 2019 amendment by No. 656 redesignated former (e) as (e)(1) and added (e)(2); rewrote (f); and made stylistic changes.

Subchapter 6 — Recognition of Excellence

6-15-601 — 6-15-605. [Repealed.]

Publisher's Notes. This subchapter, concerning recognition of excellence, was repealed by Acts 1999, No. 100, § 8. The subchapter was derived from the following sources:

6-15-601. Acts 1983 (1st Ex. Sess.), No. 35, § 1; A.S.A. 1947, § 80-4616.

6-15-602. Acts 1983 (1st Ex. Sess.), No. 35, § 2; A.S.A. 1947, § 80-4617.

6-15-603. Acts 1983 (1st Ex. Sess.), No. 35, § 4; A.S.A. 1947, § 80-4619; Acts 1991, No. 825, §§ 1-3.

6-15-604. Acts 1983 (1st Ex. Sess.), No. 35, § 3; A.S.A. 1947, § 80-4618.

6-15-605. Acts 1983 (1st Ex. Sess.), No. 35, § 5; A.S.A. 1947, § 80-4620; Acts 1987, No. 426, § 1.

Subchapter 7 — Opportunity Partnership Program

6-15-701 — 6-15-703. [Repealed.]

Publisher's Notes. This subchapter, concerning the Opportunity Partnership Program, was repealed by Acts 2001, No. 1692, § 1. The subchapter was derived from the following sources:

6-15-701. Acts 1989, No. 611, § 7.

6-15-702. Acts 1989, No. 611, § 7.

6-15-703. Acts 1989, No. 611, § 6.

Subchapter 8 — Accountability Section

6-15-801. [Repealed.]

Publisher's Notes. This section, concerning the establishment of School Report Cards Act, was repealed by Acts 2001, No. 775, § 1. The section was derived from Acts 1989, No. 668, § 1.

6-15-802, 6-15-803. [Repealed.]

Publisher's Notes. These sections, concerning legislative intent, creation and appropriate staff, were repealed by Acts 2007, No. 1573, § 46. The sections were derived from the following sources:

6-15-802. Acts 1989, No. 668, § 2; 2001, No. 775, § 2.

6-15-803. Acts 1989, No. 668, § 3; 2001, No. 775, § 3.

6-15-804. [Repealed.]

Publisher's Notes. This section, concerning advisory committee on accountability, was repealed by Acts 2001, No. 775, § 4 and Acts 2001, No. 783, § 2. The section was derived from Acts 1989, No. 668, § 7; 1997, No. 250, § 15; 1997, No. 1354, § 6; 1997, No. 1357, § 1.

6-15-805. [Expired.]

Publisher's Notes. This section, concerning the legislative subcommittee, expired July 1, 2000, pursuant to Acts 1995, No. 1197, § 1. The section was derived from Acts 1989, No. 668, § 8; 1991, No. 478, § 1; 1995, No. 1197, § 1; 1997, No. 112, § 4; 1997, No. 232, § 1.

6-15-806. [Repealed.]

Publisher's Notes. This section, concerning the annual report and school report card, was repealed by Acts 2001, No. 775, § 5. The section was derived from Acts 1989, No. 668, § 4; 1994 (2nd Ex. Sess.), No. 51, § 4; 1995, No. 1296, § 16.

6-15-807, 6-15-808. [Repealed.]

Publisher's Notes. These sections, concerning duties and furnishing of information and assistance, were repealed by Acts 2007, No. 1573, § 46. The sections were derived from the following sources:

6-15-807. Acts 1989, No. 668, § 5; 2001, No. 775, § 6.

6-15-808. Acts 1989, No. 668, § 6; 1997, No. 112, § 5.

6-15-809. [Repealed.]

Publisher's Notes. This section, concerning findings and recommendations, was repealed by Acts 2001, No. 775, § 7. The section was derived from Acts 1989, No. 668, § 9; 1997, No. 112, § 6.

Subchapter 9 — Uniform Grading Scale for Public Schools

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-15-901. Definition.

For the purposes of this subchapter, “advanced placement course” means a course of instruction that qualifies for college credit and that is approved for credit as a high school course by the State Board of Education.

History. Acts 1991, No. 1070, § 1.

6-15-902. Grading scale — Exemptions — Special education classes.

  1. The following grading scale shall be used by all public secondary schools in the state for all courses, except advanced placement courses, approved courses for weighted credit, and courses offered under the International Baccalaureate Diploma Programme:
    1. A = 90-100;
    2. B = 80-89;
    3. C = 70-79;
    4. D = 60-69; and
    5. F = 59 and below.
    1. Each letter grade shall be given a numeric value for the purpose of determining grade average.
    2. Except for advanced placement courses, approved courses for weighted credit, courses offered under the International Baccalaureate Diploma Programme, and honors courses, the numeric value for each letter grade shall be:
      1. A = 4 points;
      2. B = 3 points;
      3. C = 2 points;
      4. D = 1 point; and
      5. F = 0 points.
    1. The State Board of Education shall:
      1. Adopt appropriate equivalents for advanced placement and college courses; and
      2. Recommend a uniform grading structure for honors courses.
    2. Weighted credit shall be allowed for advanced placement courses and courses offered under the International Baccalaureate Diploma Programme if:
      1. The student takes the entire advanced placement course or the entire course offered in the International Baccalaureate Diploma Programme in a particular subject;
      2. The student completes the applicable test offered by the College Board for advanced placement courses at the end of the advanced placement course, or the applicable test offered by the International Baccalaureate at the time prescribed by the organization; and
        1. A teacher of an advanced placement course meets Arkansas teacher licensure requirements and:
          1. Attends at least one (1) of the following trainings no less than one (1) time every five (5) years:
            1. College Board Advanced Placement Summer Institute;
            2. College Board-endorsed training; or
            3. Other similarly rigorous training approved by the Division of Elementary and Secondary Education; or
          2. Completes an additional training plan for advanced placement within three (3) years of commencing the additional training plan; or
        2. A teacher of a course offered under the International Baccalaureate Diploma Programme meets Arkansas teacher licensure requirements and attends the training required by the International Baccalaureate.
    3. The Division of Elementary and Secondary Education may approve a course for weighted credit if the course:
      1. Exceeds the curriculum standards for a nonweighted credit class; or
      2. Meets or exceeds the standards of a comparable advanced placement class.
    4. The Division of Elementary and Secondary Education in collaboration with the Division of Career and Technical Education may approve a career and technical course for weighted credit if the course:
      1. Exceeds the curriculum standards for a nonweighted class; and
      2. Leads to an approved industry-recognized certification.
      1. A local school district board of directors may adopt a policy to allow high school students in the public school district to take college courses for weighted credit equal to the numeric grade awarded in advanced placement courses, courses offered under the International Baccalaureate Diploma Programme, and honors classes.
        1. If a local school district board of directors adopts a policy under subdivision (c)(5)(A) of this section, the school district shall apply to the Division of Elementary and Secondary Education for approval.
        2. An application under subdivision (c)(5)(B)(i) of this section shall be reviewed for approval to assign a numeric grade value, which may include weighted credit, based on the following:
          1. A letter from the superintendent of the public school district or principal of the public school describing how the course exceeds expectations for coursework required under the Standards for Accreditation of Arkansas Public Schools and School Districts; and
          2. The grade level or levels of public school students who will be enrolled in the course.
  2. A public school district may use the grading scale in this section in the public school district's elementary schools.
  3. The Division of Elementary and Secondary Education may promulgate rules to implement this section.

History. Acts 1991, No. 1070, § 1; 1993, No. 1188, § 1; 2001, No. 1121, § 1; 2005, No. 2151, § 14; 2005, No. 2152, § 1; 2017, No. 745, § 15; 2019, No. 632, § 1; 2019, No. 910, § 1209.

A.C.R.C. Notes. Pursuant to § 1-2-207, this section is set out above as amended by Acts 1993, No. 1188, § 1. Subsection (a) of this section was amended by Acts 1993, No. 294, § 9 to read as follows:

“(a) The following grading scale shall be used by all public schools in the state for all courses in grades nine (9) through twelve (12), except advanced placement, offered:

“(1) A = 93-100;

“(2) B = 83-92;

“(3) C = 70-82;

“(4) D = 60-69; and

“(5) F = 59 and below.”

Subsection (a) of this section was also amended by Acts 1993, No. 576 to read as follows:

“(a) The following grading scale shall be used by all public schools in the state for all courses, except advanced placement, offered:

“(1) A = 90-100;

“(2) B = 80-89;

“(3) C = 70-79;

“(4) D = 60-69; and

“(5) F = 59 and below.”

Amendments. The 2017 amendment added (c)(2)(C)(i) (c)

The 2019 amendment by No. 632 inserted “approved courses for weighted credit” in (a); redesignated the first sentence of (b) as (b)(1) and the remainder of (b) as (b)(2); inserted “approved courses for weighted credit” in (b)(2); added the (c)(1)(A) and (c)(1)(B) designations; rewrote (c)(2)(C)(i); inserted (c)(3) and (c)(4), and redesignated former (c)(3) as (c)(5); in (c)(5)(A), deleted “decide whether to” preceding “adopt”, and inserted “public”; rewrote (c)(5)(B)(i); substituted “An application under subdivision (c)(5)(B)(i) of this section” for “The application” in the introductory language of (c)(5)(B)(ii); inserted “public” twice in (c)(5)(B)(ii) (a) ; inserted “public school” in (c)(5)(B)(ii) (b) ; in (d), inserted “public” twice and substituted “may use” for “shall have the option of using”; added (e); and made stylistic changes.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c)(3)(B)(i) [now (c)(5)(B)(i)].

6-15-903. Report cards.

    1. Every public school district shall provide a report card for each student reflecting the student's grade in each class in which the student is enrolled.
    2. The report card shall be:
      1. Mailed to the last known address of the student;
      2. Given to a parent at a parent-teacher conference; or
      3. Sent home with the student.
  1. The report card shall be provided at the end of each grading period but no fewer than four (4) times each school year.
  2. Parents shall not be required to provide postage or self-addressed envelopes to receive a report card.

History. Acts 2003 (2nd Ex. Sess.), No. 20, § 1.

Subchapter 10 — Arkansas Public Education Act of 1997

Effective Dates. Acts 1999, No. 999, § 16: Mar. 31, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that the immediate effectiveness of this act is essential to the continuity of public school student assessments, which begin with an early fall testing cycle, and to the efficient operation of the Department of Education and the public schools of this state in making plans for the fall 1999 testing cycle, and that any delay could work irreparable harm to the department, to the local school districts, and to the students. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2005, No. 2131, § 38: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2005 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2005 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2005.”

Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-15-1001. Title.

This subchapter may be cited as the “Arkansas Public Education Act of 1997”.

History. Acts 1991, No. 236, § 1; 1997, No. 1108, § 1.

Case Notes

In General.

Arkansas Legislature did not intend to partially repeal § 21-9-301 when it enacted the Arkansas Public Education Act, §§ 6-15-10016-15-1007. Young v. Blytheville Sch. Dist., 2013 Ark. App. 50, 425 S.W.3d 865 (2013).

6-15-1002. Legislative findings.

  1. The General Assembly recognizes that students in Arkansas deserve the best education that the citizens can provide and establishes a goal to provide a quality educational opportunity to every public school student in every community and in every school district in the state.
  2. The General Assembly acknowledges that the State of Arkansas must:
    1. Raise student academic achievement in the basic curriculum;
    2. Increase the number of students who complete the courses required for graduation; and
    3. Ensure that students graduate with the knowledge and preparation to be contributing members of society.
  3. The General Assembly further acknowledges that every school district in Arkansas must graduate academically competent students, must have qualified teachers and administrators, must provide a safe, efficient, and accountable program, and must be supported by and assisted by the state.
  4. The General Assembly finds that in order for all involved in the education of our young people to work to meet this challenge, a revision of existing statutes is necessary.

History. Acts 1991, No. 236, § 1; 1997, No. 1108, § 2.

Case Notes

Private Right of Action.

Arkansas Public Education Act, §§ 6-15-10016-15-1007, does not expressly provide for a private right of action or for any kind of remedy; therefore, a school district and a bus driver could not have been sued over a student's rape based on alleged failures under this section or § 6-15-1005. Young v. Blytheville Sch. Dist., 2013 Ark. App. 50, 425 S.W.3d 865 (2013).

6-15-1003. Academically competent students.

    1. Arkansas public school students will achieve competency in the basic core of knowledge and skills.
    2. Students will meet required standards in academic areas of the curriculum that will serve as a basis for students to pursue immediate and lifelong educational and employment opportunities.
    3. Students will achieve competency in:
      1. Language arts, writing, spelling, speaking, listening, and reading;
      2. Math, computation, measurement, probability and statistics;
      3. Problem solving, basic algebra, data analysis, and geometry concepts;
      4. Science, physical and life science knowledge and scientific problem solving; and
      5. Social studies, history, geography, economics, and civic education.
    1. Arkansas public school students will apply practical knowledge and skills.
    2. Students will meet required academic standards in those areas that will better prepare them for lifelong career opportunities.
    3. Students will achieve competency at the local level in computer science and other technologies and in practical economic and consumer skills and will be offered courses in vocational preparation skills.
    1. Arkansas public school students will demonstrate achievement.
    2. School districts, schools, and students shall participate in the state assessments in the basic core of knowledge and skills as defined by the Division of Elementary and Secondary Education in the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.

History. Acts 1991, No. 236, § 1; 1997, No. 1108, § 3; 1999, No. 999, § 11; 2017, No. 936, § 14; 2019, No. 910, § 1210.

Amendments. The 2017 amendment substituted “Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.” for “Arkansas Comprehensive Testing, Assessment, and Accountability Program” in (c)(2).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c)(2).

Research References

Ark. L. Rev.

Lessons From Lake View: Some Questions and Answers from Lake View School District No. 25 v. Huckabee, 56 Ark. L. Rev. 519 (2003).

U. Ark. Little Rock L. Rev.

Annual Survey of Caselaw, Constitutional Law, 25 U. Ark. Little Rock L. Rev. 908.

Note, Constitutional Law — Education and Equal Protection — Towards Intelligence and Virtue: Arkansas Embarks on a Court-Mandated Search for an Adequate and Equitable School Funding System. Lake View School District No. 25 v. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (2002), 26 U. Ark. Little Rock L. Rev. 143 (2003).

Case Notes

Adequacy Study.

Many of the standards set forth in Rose v. Council for Better Education, Inc., 790 S.W.2d. 186 (Ky. 1989) as to what constitutes an adequate education were adopted by the General Assembly of the State of Arkansas in former § 6-20-302 and this section, and the school funding system in place between 1994 and 2000 unconstitutionally failed to meet those standards. Lake View Sch. Dist. No. 25 v. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (2002), cert. denied, 538 U.S. 1035, 123 S. Ct. 2097, 155 L. Ed. 2d 1066 (2003).

6-15-1004. Qualified teachers in every public school classroom — Definition.

    1. Arkansas teachers will demonstrate competency in subject matter content on identified assessments appropriate to their teaching area in order to be granted a license to teach in the state under rules promulgated by the State Board of Education.
    2. If there is no assessment available under subdivision (a)(1) of this section for a new licensure area for subject matter content, the Division of Elementary and Secondary Education may request that the state board approve an alternative method of demonstrating subject matter content competency.
  1. In order to obtain a teaching license, Arkansas teachers will demonstrate the ability to increase student academic achievement by demonstrating competency on assessments of teaching methods approved by the state board that result in increased student achievement.
    1. To renew a teaching license, a teacher shall participate in continuing education and professional development:
      1. Based on the teacher's evaluation and professional growth plan under the Teacher Excellence and Support System, § 6-17-2801 et seq.;
      2. As required under § 6-17-704 and other law; and
      3. As required by rule of the state board.
      1. For purposes of the requirement for continuing education and professional development under the Standards for Accreditation of Arkansas Public Schools and School Districts, five (5) hours of credit for professional development shall be given for each one (1) hour of college credit for a graduate-level course if the college credit is:
        1. Related to and enhances the teacher's knowledge of the subject area in which the teacher is currently teaching;
        2. Part of the requirements for the teacher to obtain additional licensure in a subject matter that has been designated by the Division of Elementary and Secondary Education as having a critical shortage of teachers; or
        3. Otherwise approved by the Division of Elementary and Secondary Education under subdivision (c)(2)(B) of this section as a graduate-level course eligible for professional development credit.
        1. Credit for professional development obtained under subdivision (c)(2)(A) of this section may be allocated as follows:
          1. Up to fifteen (15) hours may be credited to the professional development requirements for licensure; and
          2. Hours obtained in excess of fifteen (15) may be credited to any remaining requirements for professional development generally, if approved by the school district in a professional development plan.
        2. The allocation of credit for professional development claimed under subdivision (c)(2)(A) of this section shall be approved by the:
          1. School district or public charter school employing the teacher; or
          2. Division of Elementary and Secondary Education, if the educator is not employed by a school district or public charter school.
      2. For purposes of the requirement for continuing education and professional development under this section, each hour of training received by licensed personnel related to teaching an advanced placement class for a subject covered by the College Board and Educational Testing Service shall be counted as professional development up to a maximum of thirty (30) hours.
    2. However, nothing in subdivision (c)(2) of this section shall prevent or restrict a school district from requiring additional in-service training.
  2. A teacher shall not be assigned to teach a grade level or a subject for which he or she is not fully or provisionally licensed by the state unless he or she meets one (1) of the following licensure exceptions as established by rules promulgated by the state board:
      1. An emergency teaching permit granted to a school district for a position filled by a nonlicensed teacher who meets the Arkansas Qualified Teacher requirements promulgated by the state board.
      2. An emergency teaching permit may be granted annually for not more than two (2) consecutive school years;
    1. An effective teacher licensure exception granted to a school district for a position to be filled by an Arkansas licensed educator to teach a content area related to the educator's current licensure content area;
    2. A technical permit issued in cooperation with the Division of Career and Technical Education;
    3. A licensure exception under:
      1. The District of Innovation Program, § 6-15-2801 et seq.;
      2. The Arkansas Quality Charter Schools Act of 2013, § 6-23-101 et seq.; or
      3. Section 6-15-103;
    4. A plan for adding an area to an existing Arkansas teaching license while teaching in the content area to be added; or
    5. A waiver for a long-term substitute teacher granted under subsection (e) of this section.
    1. For purposes of this section, “long-term substitute” means an individual who:
      1. Holds:
        1. A bachelor's degree from an accredited college or university; or
        2. An Arkansas teaching license; and
      2. Is substituting for a teacher of record for thirty-one (31) or more consecutive school days in the same class during a school year.
    2. No class of students shall be under the instruction of one (1) or more substitute teachers for more than thirty (30) consecutive school days in the same class during a school year unless the school district has obtained a long-term substitute waiver.
    3. A long-term substitute teacher or teachers shall continue to teach the class from at least the thirty-first consecutive day after the regular teacher is absent from the class until the return of the regular teacher to that class.
    4. A person serving as a substitute teacher for thirty (30) days or fewer shall:
      1. Be a high school graduate; or
      2. Hold a graduate equivalent degree.
    5. The state board shall develop rules for granting a long-term substitute waiver.

History. Acts 1991, No. 236, § 1; 1993, No. 405, § 1; 1997, No. 1108, § 4; 1999, No. 1382, § 1; 2003, No. 1728, § 1; 2005, No. 1183, § 1; 2005, No. 2131, § 28; 2007, No. 46, § 1; 2007, No. 57, § 1; 2011, No. 1209, § 2; 2013, No. 1138, §§ 18, 19; 2015, No. 1090, § 1; 2015, No. 1091, § 3; 2017, No. 294, §§ 1, 2; 2019, No. 315, § 210; 2019, No. 910, §§ 1211-1213.

Amendments. The 2011 amendment rewrote (c)(1).

The 2013 amendment substituted “licensure” for “certification” in (c)(2)(A)(ii); and substituted “licensed” for “certified” in (c)(2)(C).

The 2015 amendment by No. 1090 rewrote the introductory language of (c)(2)(A); inserted “under subdivision (c)(2)(B) of this section” in (c)(2)(A)(iii); and rewrote (c)(2)(B).

The 2015 amendment by No. 1091 substituted “growth plan” for “learning plan” in (c)(1)(A).

The 2017 amendment redesignated former (a) as (a)(1); in (a)(1), substituted “a license” for “an initial license” and added “under rules promulgated by the State Board of Education”; added (a)(2); in (b), deleted “identified” preceding “assessments” and inserted “approved by the state board”; and rewrote (d)-(h) as present (d) and (e).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (e)(5).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(2), (c)(2)(A)(ii), and (c)(2)(A)(iii); and substituted “Division of Career and Technical Education” for “Department of Career Education” in (d)(3).

6-15-1005. Safe, equitable, and accountable public schools.

    1. Arkansas schools will have safe and functional facilities.
    2. All school buildings will meet existing state and federal requirements.
    3. Instructional facilities will be designed and structured to support learning.
    1. The school climate will promote student achievement.
      1. Every school and school district will enforce school district policies to ensure the safety of every student during school hours at school-sponsored activities.
      2. These policies will include, at a minimum, policies on weapons, violence, tobacco, alcohol, other drugs, gangs, and sexual harassment.
    2. Every school and school district will enforce a code of behavior for students that respects the rights of others and maintains a safe and orderly environment.
    3. Every school and school district will have in place a policy on addressing disruptive students.
      1. Every school and school district will offer appropriate alternative education programs organized to serve those students whose educational progress deviates from the standard expected for a successful transition to a productive life and those students whose behavior interferes with their own learning or the educational process of others.
      2. School districts may serve the needs of these students through regional or cooperative efforts with other school districts.
  1. Local schools will work with parents, families, and business and community members to incorporate responsibility, character, self-discipline, civic responsibility, and positive work habits into adult contacts with students and to promote student demonstration of these behaviors.
  2. Every school will offer opportunities for students to be able to study and participate in the visual and performing arts, health and physical education, and languages.
  3. All public schools will participate in the state school improvement process:
      1. Every school will engage in the collection and analysis of perceptual, archival, and achievement data in order to establish school and school district goals to improve student academic achievement.
      2. Students shall not be surveyed on values and beliefs;
    1. Every school will develop and implement a data-driven school-level improvement plan based on these analyses that leads to increased student achievement and continuous school improvement; and
    2. Every school will monitor and adjust the plan of action as necessary to promote increased student achievement and continuous school improvement.
    1. All public schools will have a plan of parental involvement.
      1. Every school will have a plan for allowing parents to be involved in the education of their children.
      2. These plans will address communication with parents, volunteering, learning activities that support classroom instruction, participation in school decisions, and collaboration with the community.
    2. Every school will involve parents in developing school goals and priorities and evaluating the effectiveness of the school-level improvement plan.
    1. All public schools will be accountable to the public they serve.
    2. All schools will participate in the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.
    3. All schools will report to the parents the results of all assessments conducted to measure the achievement progress of their children.
      1. The highest performing schools will be recognized and rewarded.
      2. Schools reaching predetermined high levels of achievement will be granted charter status with approval of the charter petition by the Division of Elementary and Secondary Education.
    4. Each school will issue a school achievement report to the community on all statewide student assessments.
    1. All public schools will be led by qualified administrators.
    2. All administrators will demonstrate content knowledge in leadership, finance, organization, school climate, curriculum, and evaluation.
    3. In order for administrators to be able to renew a license, they must have participated in a continuing education and professional development program based on their school-level improvement plans, performance evaluation results, and student achievement scores.

History. Acts 1991, No. 236, § 1; 1995, No. 1296, § 17; 1997, No. 1108, § 5; 2017, No. 936, §§ 15-19; 2019, No. 757, § 12; 2019, No. 910, § 1214.

Amendments. The 2017 amendment substituted “school-level” for “school” in (e)(2), (f)(3), and (h)(3); substituted “Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.” for “Arkansas Comprehensive Testing, Assessment, and Accountability Program” in (g)(2); and substituted “statewide student” for “state-required” in (g)(5).

The 2019 amendment by No. 757 substituted “plan” for “program” in (f)(1).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (g)(4)(B).

Case Notes

Private Right of Action.

Arkansas Public Education Act, §§ 6-15-10016-15-1007, does not expressly provide for a private right of action or for any kind of remedy; therefore, a school district and a bus driver could not have been sued over a student's rape based on alleged failures under § 6-15-1002 or this section. Young v. Blytheville Sch. Dist., 2013 Ark. App. 50, 425 S.W.3d 865 (2013).

6-15-1006. Assistance and support.

    1. The Division of Elementary and Secondary Education will be structured to provide leadership, service, and support to public schools.
    2. Division professional staff will demonstrate mastery of knowledge in learning theory, best educational practices, resource utilization, research and data analysis, school law, instructional leadership, and school administration.
    1. Division staff will conduct, sponsor, participate in, and support continuing education and professional development.
    2. The continuing education and professional development will be based on overall organizational improvement, performance evaluation results, statewide student achievement results, and current educational research and practice.
    1. The division will provide leadership in marshalling support for a quality and equitable educational system in the state.
    2. Division resources will be committed to supporting policy development and procedures that enable the Governor, the General Assembly, the State Board of Education, and business and professional organizations to work together in a positive and consistent manner to improve education in Arkansas.

History. Acts 1991, No. 236, § 1; 1993, No. 405, § 2; 1997, No. 1108, § 6; 2019, No. 910, § 1215.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “division” for “department” throughout the section.

6-15-1007. Arkansas Leadership Academy.

  1. There is established the Arkansas Leadership Academy.
    1. The academy shall provide a variety of training programs and opportunities to develop the knowledge base and leadership skills of school principals, teachers, superintendents, other administrators, and school district board members.
    2. The academy may enter into a private-public partnership or a public-public partnership if the partnership will enhance the leadership skills of school principals, teachers, superintendents, other school administrators, school district board members, students, or other stakeholders.
  2. The State Board of Education shall have the authority to issue requests for proposals if the state board should determine to change the operator or the location of the academy.

History. Acts 1991, No. 236, § 1; 1997, No. 1108, § 7; 2015, No. 298, § 1.

Amendments. The 2015 amendment, in (b)(1), substituted “shall” for “will” and “teachers, superintendents, other” for “as well as teachers, superintendents and other”; and added (b)(2).

6-15-1008 — 6-15-1010. [Repealed.]

Publisher's Notes. These sections, concerning reorienting the General Education Division of the Department of Education to support restructuring, development of a long-term plan for restructuring Arkansas' education system and a restructuring advisory committee, were repealed by Acts 1997, No. 1108, §§ 8-10. The sections were derived from the following sources:

6-15-1008. Acts 1991, No. 236, § 1; 1993, No. 405, § 3.

6-15-1009. Acts 1991, No. 236, § 1.

6-15-1010. Acts 1991, No. 236, § 1.

6-15-1011. Rules.

The State Board of Education shall promulgate rules necessary for the implementation of this subchapter.

History. Acts 1997, No. 1108, § 11; 2019, No. 315, § 211.

Amendments. The 2019 amendment deleted “and regulations” following “Rules” in the section heading; and deleted “and regulations” following “rules” in the section text.

6-15-1012. [Repealed.]

Publisher's Notes. This section, concerning model learning standards in the basic core of knowledge and skills, was repealed by Acts 2009, No. 1469, § 4. The section was derived from Acts 1999, No. 911, § 1.

Subchapter 11 — Attaching Seals to High School Transcripts and Diplomas

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-15-1101. Legislative findings.

  1. The General Assembly hereby recognizes and acknowledges that in recent years a high school diploma has lost credibility as a warranty that the recipient has the basic knowledge and skills necessary for either an entry-level job or for postsecondary education. The General Assembly further recognizes that the State Board of Education, the Division of Elementary and Secondary Education, and local school districts have worked diligently to establish and implement a core curriculum in Arkansas secondary schools. Students who complete the core curriculum with a satisfactory grade point average should receive recognition for both perseverance and a job well done. It is the purpose of this legislation to both further that recognition and to increase the confidence of Arkansans in the value of diplomas awarded by the state's public schools.
    1. A school district shall attach a seal, stamp, or other symbol to diplomas awarded to high school students who have completed the core curriculum with a minimum grade point average of 2.75 on a 4.0 scale.
    2. Electronic transcripts shall include a designation for students who have completed the core curriculum with a minimum grade point average of 2.75 on a 4.0 scale.
  2. The state board is authorized to promulgate rules for the implementation of this section.

History. Acts 1993, No. 688, §§ 1, 2; 1995, No. 1296, § 18; 1997, No. 977, § 1; 2013, No. 330, § 1; 2019, No. 315, § 212; 2019, No. 910, § 1216.

Amendments. The 2013 amendment, in (b)(1), deleted “Beginning with the 1994 — 1995 school year” from the beginning and deleted “transcripts and” preceding “diplomas”; and added (b)(2).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (c).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a).

Subchapter 12 — Educational Standards Commission

6-15-1201. [Repealed.]

Publisher's Notes. This section, concerning the Education Standards Commission, was repealed by Acts 2013, No. 1155, § 13. The section was derived from Acts 1997, No. 1340, §§ 1-4.

Subchapter 13 — Safe Schools Committee

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-15-1301. Creation — Composition — Powers and duties.

  1. The Division of Elementary and Secondary Education shall create a Safe Schools Committee.
    1. The Safe Schools Committee shall be composed of the following individuals:
      1. One (1) classroom teacher appointed by the Arkansas Education Association;
      2. Two (2) school administrators appointed by the Arkansas Association of Educational Administrators;
      3. Two (2) school district board members appointed by the Arkansas School Boards Association;
      4. A staff member of the division appointed by the Commissioner of Elementary and Secondary Education;
      5. A school safety specialist, employed by an Arkansas school district, appointed by the commissioner;
      6. One (1) school counselor appointed by the Arkansas Counseling Association;
      7. The Director of the Criminal Justice Institute and of the Arkansas Center for School Safety, or his or her designee;
      8. One (1) classroom teacher appointed by the Arkansas State Teachers Association;
      9. The Director of the Division of Emergency Management, or his or her designee;
      10. The Executive Director of the Arkansas Public School Resource Center, Inc., or his or her designee;
      11. A chief of police or a sheriff appointed by the commissioner;
      12. The Executive Director of the Arkansas Rural Ed Association, or his or her designee;
      13. The State Fire Marshal, or his or her designee;
      14. One (1) school psychologist appointed by the Arkansas School Psychology Association; and
      15. One (1) director of an Arkansas education service cooperative appointed by the commissioner.
    2. The Chair of the House Committee on Education and the Chair of the Senate Committee on Education or their designees shall serve as ex officio members of the Safe Schools Committee.
  2. The Safe Schools Committee is charged with the following responsibilities:
      1. To develop model policies and procedures that may ensure a safe and productive learning environment for students and school employees for recommendation to school districts. The procedures shall focus on ensuring the security of students and school employees and shall include techniques for prevention, intervention, and conflict resolution.
        1. The model policies and procedures shall include emergency plans for terrorist attacks, specifically including contingency plans for:
          1. Attacks using:
            1. Biological agents; and
            2. Nerve gas or similar chemical agents; and
          2. War.
        2. To the extent practicable, the model plans should include practice drills;
    1. To recommend to the State Board of Education any necessary rules for ensuring a safe school environment; and
    2. To recommend to the House Committee on Education and the Senate Committee on Education any necessary legislation for ensuring a safe school environment.

History. Acts 1997, No. 1346, §§ 1-3; 2003, No. 648, § 1; 2019, No. 315, § 213; 2019, No. 809, § 1; 2019, No. 910 §§ 1217, 1218.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (c)(2).

The 2019 amendment by No. 809 substituted “shall” for “is directed to” in (a); substituted “One (1) classroom teacher” for “Two (2) classroom teachers” in (b)(1)(A); substituted “The Director of the Criminal Justice Institute and of the Arkansas Center for School Safety, or his or her designee” for “One (1) additional person knowledgeable in the field of school safety appointed by the commissioner” in (b)(1)(G); and added (b)(1)(H) through (b)(1)(O).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and, in (b)(1)(D), substituted “division” for “department” and “Commissioner of Elementary and Secondary Education” for “Commissioner of Education”.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, School Rules, 26 U. Ark. Little Rock L. Rev. 383.

6-15-1302. Emergency plans and panic button alert system requirements.

  1. On or before September 1, 2015, a public school shall have a panic button alert system if funding is available.
  2. The panic button alert system shall:
    1. Connect the caller with 911 while simultaneously notifying designated on-site personnel;
      1. Directly integrate into the existing statewide Smart911 system.
      2. The Smart911 system shall provide a way for a public school to geo-fence the school campus and provide and manage floor plans and other documents to assist emergency responders when they automatically display during a 911 call;
    2. Be available for use as a smartphone application and have a mechanism for panic notifications to be triggered by non-smartphone wireless callers and landline callers; and
    3. Be limited to users designated, approved, and confirmed by school administrators.

History. Acts 2003, No. 648, § 2; 2015, No. 950, § 1.

A.C.R.C. Notes. Former § 6-15-1302 was recodified as § 6-15-1301(b).

Amendments. The 2015 rewrote the section.

6-15-1303. Safe Schools Initiative Act.

  1. A school district shall develop a school safety plan and provide annual training for all of its employees and students, to the extent practicable, in preventing and responding to acts of violence, terrorism, natural disaster, and other emergencies, including without limitation:
    1. Tornado safety drills under § 6-10-121;
    2. Emergency plans and panic button alert systems under § 6-15-1302; and
      1. Annual active shooter drills and school safety assessments in collaboration with local law enforcement and emergency management personnel for all schools, including a school lockdown exercise with panic button alert system training.
      2. The purpose of the training is to allow participants to:
        1. Discuss simulated emergency situations in a low-stress environment;
        2. Clarify the roles and responsibilities of individuals and the logistics of handling an emergency on the school campus; and
        3. Identify areas in which the school safety plan should be modified.
    1. On or before September 1, 2015, a school shall provide floor plans and pertinent emergency contact information to be used in connection with the panic button alert system through the statewide Smart911 system.
    2. Public school administration shall update the information as necessary, including when substantial building modifications or changes are made.
    3. Information provided under this subsection is not a public record and is not available for public inspection.
    1. Subject to an appropriation and funding for this purpose, the Criminal Justice Institute shall provide the necessary training and education for:
      1. Personnel designated by a school district or an education service cooperative concerning the active shooter drills required under this section through its Safe Schools Initiative; and
      2. Law enforcement officers, emergency management personnel, and other persons who will conduct the school safety assessments and active shooter drills on a school campus under this section.
      1. The Safe Schools Initiative training for school personnel shall be hosted by an education service cooperative of which the school district is a constituent.
      2. The designated personnel who receive the Safe Schools Initiative training shall train other school employees and students.
      3. The Safe Schools Initiative training also may include without limitation the training and education needed to assist a public school in:
        1. Developing prevention strategies and enhancing existing crisis management plans for campus security and safety issues;
        2. Delivering education to students and faculty on public safety and legal topics such as drugs and alcohol abuse, sexual assault, bullying and cyber-bullying, gangs, preventing the possession of weapons by minors, and responding to the threat of weapons at school;
        3. Preparing school safety assessments; and
        4. Cooperating effectively with law enforcement officers in the school setting.
    2. The following agencies or persons may conduct a school safety assessment and active shooter drill for a school district after receiving training from the Criminal Justice Institute:
      1. The Arkansas Law Enforcement Training Academy;
      2. The Department of Arkansas State Police;
      3. The Arkansas Department of Emergency Management;
      4. The Black River Technical College Law Enforcement Training Academy; or
      5. Other persons or entities identified on the Criminal Justice Institute's website as having received the training.
    3. Annual training and active shooter drills may be conducted during the instructional day or during non-instructional time periods as determined by the school district.
  2. Subject to an appropriation and funding for this purpose, each public school, in collaboration with the school district, may install communications equipment that is interoperable with the Arkansas Wireless Information Network system.

History. Acts 2013, No. 484, § 3; 2015, No. 950, § 1.

A.C.R.C. Notes. Former § 6-15-1303 was recodified as § 6-15-1301(c). Acts 2013, No. 484, § 1, provided: “The General Assembly finds that:

“(1) Crime and violence remain issues in Arkansas public schools and nationwide;

“(2) The citizens of Arkansas have twice experienced the tragedy of a school shooting:

“(A) In 1997 when two (2) Stamps High School students were shot and wounded by sniper fire from a fellow student; and

“(B) In 1998 when four (4) students and one (1) teacher were killed at Westside Middle School in Jonesboro, and nine (9) more students and one (1) teacher were wounded;

“(3) In 2007, the National Center for Education Statistics reported that an average of nine and one-tenths percent (9.1%) of Arkansas's public high school students had been threatened or injured with a weapon on school property, compared to the national average of seven and eight-tenths percent (7.8%); and

“(4) With the increasing levels of crime and violence in our schools, school administrators and personnel must be prepared for more than the academic challenges of teaching students. They must also:

“(A) Develop and maintain a strong partnership with law enforcement; and

“(B) Be trained to recognize and assume their roles and responsibilities for preventing and responding to acts of violence, terrorism, natural disaster, and other crimes impacting the school environment.”

Acts 2013, No. 484, § 5, provided: “To provide law enforcement officers and school personnel the opportunity to receive the training and education required under this act, school districts shall implement the annual active shooter drills beginning in the 2014-2015 school year.”

Amendments. The 2015 amendment inserted “develop a school safety plan” and “other emergencies” in the introductory language of (a); rewrote (a)(2); redesignated former (a)(3) as (a)(3)(A) and added “including a school lockdown exercise with panic button alert system training”; added (a)(3)(B); inserted (b); and redesignated former (b) and (c) as (c) and (d).

6-15-1304. Emergency or security records or information — Disclosure exempted.

The following records or other information related to a public school district or public school that operates a prekindergarten program or serves any students in any grade in kindergarten through grade twelve (K-12) is confidential and not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.:

  1. Records or other information that upon disclosure could reasonably be expected to be detrimental to the public safety, including without limitation records or other information concerning emergency or security plans, school safety plans, procedures, risk assessments, studies, measures, or systems; and
  2. Records or other information relating to the number of licensed security officers, school resource officers, or other security personnel, as well as any personal information about those individuals.

History. Acts 2017, No. 541, § 1.

Subchapter 14 — School Performance Report Act

Effective Dates. Acts 2003, No. 1473, § 74: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act includes technical corrects to Act 923 of 2003 which establishes the classification and compensation levels of state employees covered by the provisions of the Uniform Classification and Compensation Act; that Act 923 of 2003 will become effective on July 1, 2003; and that to avoid confusion this act must also effective on July 1, 2003. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Acts 2013, No. 1462, § 9, provided: “This act is effective on July 1, 2014.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-15-1401. Title.

This subchapter shall be known as and may be cited as the “School Performance Report Act”.

History. Acts 1999, No. 769, § 1.

6-15-1402. Purpose — Report — Confidentiality — Rules.

    1. In order to generally improve public school accountability, to provide benchmarks for measuring individual school improvement, and to empower parents and guardians of children enrolled in Arkansas public schools by providing them with the information to judge the quality of their schools, the Division of Elementary and Secondary Education shall prepare and publish annually a school performance report for each public school in the state, including without limitation the Arkansas School for the Deaf, the Arkansas School for the Blind, and the Arkansas School for Mathematics, Sciences, and the Arts, and shall notify the House Committee on Education and the Senate Committee on Education of the availability of the report on the division's website no later than April 15 each year.
      1. The school performance report for each school shall be made available to every parent or guardian of a child in kindergarten through grade twelve (K-12) in the public schools of Arkansas by posting the school performance report for each school on the website of the division by April 15 each year.
      2. Each school district shall post the school performance report for each of its schools on the district's website not later than ten (10) days after it is posted on the division's website.
      1. The school performance report shall be based on reliable statistical information uniformly required to be collected and submitted by each local school district to the division and shall be published in a format that can be easily understood by parents or guardians who are not professional educators.
      2. The information necessary to produce the school performance report, including the names and addresses of parents and guardians, shall be filed with the division.
      3. The division may contract with individuals or businesses knowledgeable in the areas of graphic and computer design to ensure that the school performance reports required by this subchapter are published in a format that encourages their utilization by the citizens of the state.
    1. The school performance report for elementary schools shall:
      1. Include three-year trend data and allow parents or guardians to compare the school's performance with state and national averages in areas and shall include without limitation the following measures:
        1. School safety;
        2. Statewide student assessment results beginning with grade three (3);
        3. Licensed staff qualifications;
        4. Total per-pupil spending;
        5. Assessment of the local taxpayer investment in the school district;
        6. Percentage of students eligible to receive free or reduced-price meals;
        7. Average salary of the staff; and
        8. Average attendance rates for students; and
      2. Indicate separately whether:
        1. The school distributed the school's student discipline policy to parents;
        2. The school's teachers, administrators, classified school employees, and volunteers have been provided with appropriate student discipline training; and
        3. The school district has adopted a parental involvement plan in compliance with § 6-15-1702.
    2. The school performance report for middle schools, junior high schools, and high schools shall:
      1. Include three-year trend data and allow parents or guardians to compare the school's performance with state and national averages in areas which shall include, but not be limited to, the following:
        1. School safety;
        2. Statewide student assessment results;
        3. Licensed staff qualifications;
        4. Per-pupil spending;
        5. Assessment of the local taxpayer investment in the school district;
        6. Percentage of students eligible to receive free or reduced-price meals;
        7. Average salary of the staff;
        8. Average attendance rates for students;
        9. Drop-out rate;
        10. Graduation or completion rates;
        11. College remediation rate for high schools only; and
        12. Collegiate admission test results, including the total number of students in grades nine through eleven (9-11) who took the ACT or SAT; and
      2. Indicate separately whether:
        1. The school distributed the school's student discipline policy to parents;
        2. The school's teachers, administrators, classified school employees, and volunteers have been provided with appropriate student discipline training;
        3. The school district has adopted a parental involvement plan in compliance with § 6-15-1702; and
        4. The school district provides college preparation and remediation for students who have taken the ACT before their senior year of high school under the Universal ACT Assessment Program Act, § 6-18-1601 et seq.
    3. Beginning with the 2017-2018 school year, for the school year covered by a school performance report, the report shall include:
      1. The total number of teachers who are employed in the public school; and
      2. Of that total, the number who meet each of the following criteria:
        1. Identified as proficient or above under the Teacher Excellence and Support System for the school; and
        2. Certified by the National Board for Professional Teaching Standards.
  1. School districts may prepare and distribute supplemental materials concerning the information contained in the school performance reports.
  2. The division is encouraged to:
    1. Include explanatory material regarding efforts to improve the state's public schools on the website of the division with school performance reports; and
    2. Explore the feasibility of incorporating the school-level improvement plans developed by schools and school district support plans developed by school districts with the school performance reports.
  3. The school performance report shall not include individual student information if the information is reported in a manner that would identify a particular student except as permitted under the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, as in effect on January 1, 2017.
    1. The division shall not disclose parent or guardian names, addresses, or other identifying information under any circumstances.
    2. Any vendor, contractor, or supplier utilized to provide services under this subchapter shall sign a confidentiality agreement prohibiting the disclosure of parent or guardian names, addresses, or other identifying information.
  4. The Arkansas School for the Blind and the Arkansas School for the Deaf shall submit to the division:
    1. The results of the appropriately adopted student achievement tests for the students enrolled at these schools; and
    2. A list of other schools' programs to which these schools can be compared.
  5. The division may promulgate rules necessary to carry out the purposes of this subchapter.

History. Acts 1999, No. 769, § 2; 2001, No. 775, § 8; 2003, No. 603, §§ 3, 4; 2003, No. 1473, § 5; 2007, No. 1573, §§ 12, 13; 2011, No. 988, § 1; 2011, No. 989, § 17; 2011, No. 1000, § 1; 2011, No. 1209, § 3; 2013, No. 1073, §§ 15, 16; 2013, No. 1462, § 6; 2017, No. 745, § 16; 2017, No. 936, §§ 20-27; 2019, No. 757, §§ 13, 14; 2019, No. 910, §§ 1219-1225.

Amendments. The 2011 amendment by No. 988 added (b)(3)(B)(iv).

The 2011 amendment by No. 989 substituted “April 15” for “March 15” in (i).

The 2011 amendment by No. 1000 added (a)(2); substituted “the House Committee on Education and the Senate Committee on Education no later than March 15 each year” for “every parent or guardian of a child in kindergarten through grade twelve (K-12) in the public schools of Arkansas” in (a)(1); redesignated former (b)(1) as (b)(1)(A) through (C); in (b)(1)(A), deleted “annual” preceding “school performance” and “and distributed to the parents or guardians of children enrolled in the public schools via the postal service” following “educators” in the first sentence and deleted the former second sentence; in (b)(1)(C), substituted “may” for “is strongly encouraged” and deleted the former second sentence; inserted “school performance” in (b)(2) and (b)(3); substituted “licensed” for “certified” in (b)(2)(A)(iv) and (b)(3)(A)(iv); added (b)(3)(A)(xiii); rewrote (d) through (h) and deleted (i).

The 2011 amendment by No. 1209 inserted (b)(4).

The 2013 amendment by No. 1073 substituted “April 15” for “March 15” in (a)(1) and (a)(2); and substituted “the Arkansas College and Career Readiness Planning Program under § 6-15-441” for “College Preparatory Enrichment Program (CPEP)” in (b)(3)(A)(xiv).

The 2013 amendment by No. 1462 deleted “Voluntary” preceding “Universal” in (b)(3)(B)(iv).

The 2017 amendment by No. 745 deleted former (b)(4)(B)(i), and redesignated former (b)(4)(B)(ii) and (b)(4)(B)(iii) as present (b)(4)(B)(i) and (b)(4)(B)(ii).

The 2017 amendment by No. 936 substituted “Statewide student assessment” for “Norm-referenced test” in (b)(2)(A)(ii) and (b)(3)(A)(ii); repealed former (b)(2)(A)(iii), (b)(3)(A)(iii), (b)(3)(A)(xiv), and (b)(4)(B)(i); in (d)(2), substituted “school-level” for “school” and inserted “school district support plans developed by”; and added “except as permitted under the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, as in effect on January 1, 2017” at the end of (e).

The 2019 amendment by No. 757, in (a)(1), substituted “prepare and publish annually” for “annually prepare and publish”, deleted “individual” following “each”, inserted “without limitation”, substituted “notify” for “distribute the report to”, and inserted “of the availability of the report on the department website”; redesignated (a)(2) as (a)(2)(A); substituted “by April 15 each year” for “and the website of the school district in which the public schools addressed in the school performance report are located no later than April 15 each year” in (a)(2)(A); added (a)(2)(B); added “beginning with grade three (3)” to (b)(2)(A)(ii); and made a stylistic change.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “division” for “department” in (a)(2), (b)(1)(A), (b)(1)(C), (d) twice, (f)(1), and (h).

Subchapter 15 — Comprehensive Plan for Consistency and Rigor in Course Work

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-15-1501. [Repealed.]

A.C.R.C. Notes. The repeal of this section by Acts 2003, No. 1761, § 1, superseded the amendment of this section by Acts 2003, No. 1116, § 1. The amendment by Acts 2003, No. 1116, § 1, deleted the reference to grades nine through twelve (9-12) and added language making the section applicable to special education students and English language learners.

Publisher's Notes. This section, concerning development, compliance and implementation, was repealed by Acts 2003, No. 1761, § 1. The section was derived from Acts 2001, No. 1559, § 1.

6-15-1502. Revisions, compliance, and implementation.

  1. The State Board of Education shall develop a comprehensive plan to review and revise the Arkansas Academic Content Standards and Curriculum Frameworks process.
  2. The plan shall be a comprehensive plan to provide an external review of content standards and curriculum frameworks adopted by the state in core academic areas of reading, writing, mathematics, science, history, geography, civics, and other courses identified by the State Board of Education as state-mandated graduation requirements.
  3. In developing the plan, the State Board of Education shall conduct a full review of available and relevant academic content standards and curriculum frameworks that are rigorous, specific, sequenced, clear, focused, and measurable, whenever possible.
    1. The review shall be to determine whether the Arkansas Academic Content Standards and Curriculum Frameworks are designed to:
      1. Reflect high expectations for students and an in-depth mastery of the content;
      2. Be clearly grounded in the content of each academic area;
      3. Be defined grade-by-grade and in each content area;
      4. Be understandable to parents and teachers;
      5. Be developed in full recognition of the time available to teach the core academic areas at each grade level; and
      6. Be measurable whenever possible in a reliable, valid, and efficient manner for accountability purposes.
    2. The plan shall include a process for the review of curriculum offerings to ensure that low-level general education tracts offered by school districts are eliminated before the beginning of the 2003-2004 school year.
    3. High school course content standards and curriculum frameworks set forth in the plan shall include the knowledge and skills necessary to enter the work force and also shall be aligned with the coursework required for admission to the state's institutions of post-secondary education.
  4. Upon completion of the review, the State Board of Education shall revise all curriculum frameworks and supplemental materials that are recommended as a result of the review.
  5. As part of the revision process, the State Board of Education shall revise and make available to teachers and parents support materials, including teacher and parent guides, for academic content standards and curriculum frameworks that are specifically recommended for revision as a result of the review.
  6. The State Board of Education shall work in collaboration with the Arkansas Higher Education Coordinating Board and the Executive Council to ensure that teacher and school administrator degree programs, ongoing professional development, and other university activity in the state's public schools align with the revised Arkansas Academic Content Standards and Curriculum Framework process and other educational priorities of the state.

History. Acts 2003, No. 1761, § 2.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, Academic Standards, 26 U. Ark. Little Rock L. Rev. 385.

6-15-1503. [Repealed.]

Publisher's Notes. This section, concerning state-mandated exams, was repealed by Acts 2017, No. 936, § 28. The section was derived from Acts 2003, No. 1761, § 2.

6-15-1504. Review.

  1. The Division of Elementary and Secondary Education shall review the Arkansas Academic Content Standards and Curriculum Framework process plan on its State Board of Education-approved revision cycle and report to the State Board of Education annually.
    1. The state board shall align state programs and support materials with the revised academic content standards and curriculum frameworks for each core academic area.
    2. Alignment shall include revision of textbook criteria, support materials, state tests, teacher and school administrator preparation, and ongoing professional development programs to be compatible with content standards and curriculum frameworks.
  2. The state board shall revise and make available to teachers and parents support materials, including teacher and parent guides, for academic content standards and curriculum frameworks as set forth in the plan each time the plan is revised under subsection (a) of this section.
  3. The state board shall develop a plan to ensure regular collaboration with the Arkansas Higher Education Coordinating Board and the Executive Council to encourage teacher and school administrator degree programs and ongoing professional development and to ensure that other university activity in the state's public schools aligns with the state board's priorities.

History. Acts 2003, No. 1761, § 2; 2019, No. 910, § 1226.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a).

6-15-1505. School district implementation.

  1. Beginning with the 2003-2004 school year, each local school district shall establish procedures and monitoring processes to ensure that the content of each course offered by the school district is consistent with content standards and curriculum frameworks developed by the State Board of Education.
  2. The superintendent of each school district shall provide to the Division of Elementary and Secondary Education, by October 1 of each year following the adoption of the plan under subsection (a) of this section, a written statement of assurance that the content of each class and subject area, as required by the Standards for Accreditation of Arkansas Public Schools and School Districts regardless of levels, is aligned to content standards and curriculum frameworks developed by the state board in the plan.
  3. The division shall monitor, during the standards review visit, documentation related to the plan.
  4. If the division determines that a school district has failed to align the content of each class and subject area as required by the state board to content standards and curriculum frameworks developed by the state board, the division shall:
    1. Note the failure to comply in the annual school performance report under § 6-15-1402; and
    2. Cite the failure to comply of each school on the Standards for Accreditation of Arkansas Public Schools and School Districts Annual Report.

History. Acts 2003, No. 1761, § 2; 2019, No. 910, § 1227.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b); and substituted “division” for “department” in (c) and twice in the introductory language of (d).

6-15-1506. Rules.

The State Board of Education shall promulgate appropriate rules necessary to carry out this subchapter.

History. Acts 2003, No. 1761, § 2; 2019, No. 315, § 214.

Amendments. The 2019 amendment deleted “and regulations” following “Rules” in the section heading; and, in the text, deleted “Before December 31, 2003” at the beginning and deleted “and regulations” following “rules”.

Subchapter 16 — Commission on Closing the Achievement Gap in Arkansas

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-15-1601. Establishment of Commission on Closing the Achievement Gap in Arkansas — Members.

  1. There is established a commission to be known as the “Commission on Closing the Achievement Gap in Arkansas”.
  2. The commission shall consist of eleven (11) members representing the racial and ethnic diversity of Arkansas as follows:
      1. Five (5) persons appointed by the Governor.
        1. One (1) of the Governor's appointees shall be a representative of business and industry in Arkansas, a representative of health and human services, or a public school teacher.
          1. Four (4) of the Governor's appointees shall be minority or low-income parents concerned about the achievement gap with one (1) representative from each of the four (4) congressional districts.
          2. A minimum of two (2) of the individuals appointed under subdivision (b)(1)(B)(ii)(a) of this section shall be African-American.
          3. A minimum of one (1) of the individuals appointed under subdivision (b)(1)(B)(ii)(a) of this section shall be Hispanic;
      1. Three (3) persons appointed by the President Pro Tempore of the Senate.
        1. One (1) of the President Pro Tempore of the Senate's appointees shall be a member of the school of education faculty of an historically black college in the state with an accredited school of education.
        2. One (1) of the President Pro Tempore of the Senate's appointees shall be a minority who has demonstrated a commitment to education.
        3. One (1) of the President Pro Tempore of the Senate's appointees shall be a public school teacher with a special expertise in closing the achievement gap; and
      1. Three (3) persons appointed by the Speaker of the House of Representatives.
        1. One (1) of the appointees of the Speaker of the House of Representatives shall be a person who has experience working with children from low income families.
        2. One (1) of the appointees of the Speaker of the House of Representatives shall be a minority who has demonstrated a commitment to education.
        3. One (1) of the appointees of the Speaker of the House of Representatives shall be a public school administrator with a special expertise in closing the achievement gap.
    1. Upon taking office, the initial members shall draw lots to determine the length of their terms.
    2. The term of office shall be for no more than four (4) years.
    3. Appointments shall be for a term of four (4) years.
    1. If a vacancy occurs in an appointed position for any reason, the vacancy shall be filled in the same manner as the original appointment.
    2. The new appointee shall serve for the remainder of the unexpired term.
    1. The Governor shall designate one (1) of his or her appointees to serve as chair for the first year.
    2. Thereafter, the commission members shall annually elect a chair from among themselves.
    1. The commission shall meet at times and places the chair deems necessary but no fewer than four (4) times per calendar year.
      1. Commission members shall attend all meetings with no more than two (2) unexcused absences in a period of eighteen (18) months.
      2. Commission members with more than two (2) unexcused absences in a period of eighteen (18) months shall be automatically removed from the commission, and the original nominating entity for the position shall be notified to fill the vacancy.
    2. No meetings shall be held outside the State of Arkansas.
    3. A majority of the members of the commission shall constitute a quorum for the purpose of transacting business.
    4. All actions of the commission shall be by a majority vote of the full membership of the commission.
    5. A minimum of one (1) meeting shall be held in each of the four (4) congressional districts every thirty-six (36) months.
  3. The commission shall:
    1. Develop a plan for the state designed to enable all public school students to meet the state's student academic achievement standards while working toward the goal of narrowing the achievement gaps in public schools for the following subgroups:
      1. Economically disadvantaged students; and
      2. Students from major racial and ethnic groups;
    2. Monitor the Division of Elementary and Secondary Education's efforts to comply with federal guidelines on improving the academic achievement of the disadvantaged, specifically including without limitation the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95;
      1. Monitor the division's identification of population groups to be motivated in closing the achievement gap efforts.
      2. The commission may expand the role and scope of the commission to cover specific population groups as identified by the division as target groups for closing the achievement gaps;
    3. Receive national school lunch data and reports biennially from the division;
    4. Interface with local school district achievement gap task forces created under § 6-15-1603 to provide data on the achievement gap and achievement gap intervention strategies;
    5. Present a report to the House Committee on Education, the Senate Committee on Education, the Governor, and the State Board of Education no later than November 1 of each year, which shall include without limitation:
      1. Profiles of underachieving students;
      2. Profiles of schools identified as in need of comprehensive support and improvement, additional targeted support, or targeted support and improvement under the Elementary and Secondary Education Act, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95;
      3. A review of policies and programs approved by the division for national school lunch expenditures on closing the achievement gap;
      4. Child poverty statistics in the state and the impact poverty has on education;
      5. Successful strategies with students of poverty;
      6. Best practices for teacher preparation for student and language diversity;
      7. A review of leadership challenges in closing the achievement gap; and
      8. Suggested policy changes to improve the achievement gap at the legislative, division, school district, and other levels; and
    6. Create a website that contains without limitation:
      1. Notices of upcoming meetings;
      2. The state plan for closing the achievement gap;
      3. A school district plan for closing the achievement gap from each school district;
      4. The membership and contact information for members of the commission and each local school district achievement gap task force;
      5. The minutes from commission meetings;
      6. A clearinghouse for research and other information the commission identifies as important or useful for understanding the achievement gap in the state; and
      7. Other information that the commission deems appropriate.
  4. At the discretion of the Commissioner of Elementary and Secondary Education, the state shall provide resources necessary for the following:
    1. Relevant training for commission members in research-based strategies to close the achievement gap;
    2. Relevant technical experts to assist in drafting and monitoring the division's efforts to comply with federal guidelines on improving the academic achievement of the disadvantaged, specifically including without limitation the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95;
    3. Travel reimbursements for meetings;
    4. Space and resources to conduct public forums; and
    5. Printing and copying costs.
  5. The commission may study and address topics, including, but not limited to:
    1. Understanding children of poverty;
    2. Successful strategies with students of poverty;
    3. Teacher preparation for student diversity;
    4. Response to language diversity;
    5. Methods of closing the achievement gap;
    6. Success stories;
    7. Obstacles to overcome in closing the achievement gap;
    8. Alternative intervention strategies for closing the achievement gap;
    9. Leadership challenges in closing the achievement gap;
    10. The role of parents, families, and caregivers in closing the achievement gap;
    11. Parental and community diversity;
    12. The relationship of school to environment and student;
    13. The role of school and class size in achievement;
    14. Conditional barriers to student access to additional learning opportunities; and
    15. The profile of underachieving students.
  6. The commission may fund a study on research-based and proven strategies that close achievement gaps among racial, ethnic, and high-poverty groups.
    1. The division shall provide meeting space and clerical support as needed by the commission.
      1. Members of the commission shall serve without pay.
      2. Members of the commission may receive expense reimbursement in accordance with § 25-16-902, to be paid with funds allocated by the state for that purpose.
  7. The commission may accept gifts, grants, and donations for use in carrying out the purpose and duties of the commission.

History. Acts 2003, No. 1777, § 1; 2003 (2nd Ex. Sess.), No. 33, § 1; 2007, No. 1002, § 1; 2009, No. 1314, §§ 1-3; 2017, No. 745, §§ 17, 18; 2019, No. 631, § 1; 2019, No. 910, §§ 1228-1232.

Amendments. The 2009 amendment rewrote (b), (f), and (g); and added (l).

The 2017 amendment substituted “Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95” for “No Child Left Behind Act of 2001” in (g)(2) and made a similar change in (h)(2); and made a stylistic change.

The 2019 amendment by No. 631, in (g)(6)(B), deleted “chronically under-performing” preceding “schools”, and substituted “identified as in need of comprehensive support and improvement, additional targeted support, or targeted support and improvement under the Elementary and Secondary Education Act, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95” for “and school districts”.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education’s” for “Department of Education’s” in (g)(2); substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in the introductory language of (h); and substituted “division” for “department” throughout (g) and in (k)(1).

U.S. Code. The Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95, is codified as 20 U.S.C. § 6301 et seq.

6-15-1602. [Repealed.]

Publisher's Notes. This section, concerning personal education plans for students identified at risk of academic failure, was repealed by Acts 2017, No. 936, § 29. The section was derived from Acts 2003, No. 1777, § 2.

6-15-1603. Establishment of local task forces on closing the achievement gap.

    1. The State Board of Education shall adopt a policy for local school districts to establish local task forces on closing the achievement gap.
    2. The purpose of each task force is to advise and work with its local board of directors and administration on closing the gap in academic achievement and on developing a collaborative plan for achieving that goal.
  1. The policy shall include the following:
    1. Each task force shall report to its local board of directors;
    2. Each task force shall include key stakeholders in the community who are committed to improving the education of all children, especially those who are underachieving, and who agree to attend task force meetings on a regular basis, take an active role in discussions and activities, listen to the ideas, suggestions, and comments of other task force members as well as community members, inform other members of the school and community of the work of the task force, participate in any training for the task force members such as consensus building, problem-solving, and group dynamics, and seek actively data-driven solutions to improving the achievement of all students; and
    3. Task force members shall be representative of community demographics, race, ethnic, gender, and socioeconomic diversity. It is strongly recommended that they include:
        1. Three (3) parents, as selected by the local school district's parent organization.
        2. One (1) parent who has a child at an elementary school, one (1) who has a child at a junior high or middle school, and one (1) who has a child at a high school;
      1. School administrators, teachers, instructional support personnel, exceptional children personnel, and second language specialists, each of whom shall be selected by the superintendent;
      2. One (1) member of the local board of education, as selected by that board;
      3. One (1) representative of the local department of social services;
      4. At least one (1) juvenile court counselor;
      5. At least one (1) representative of local law enforcement;
      6. One (1) representative of the local Communities in Schools Program, if present in the local school district, as selected by the executive director of that program;
      7. At least one (1) representative of local businesses, as selected by the local chamber of commerce;
      8. Representatives from community-based organizations, as selected by the superintendent upon recommendation from those organizations;
      9. At least one (1) representative of a university school of education, if there is one in the area, as selected by the chair of the local board of education;
      10. Two (2) high school students, as recommended by their student councils and elected by the chair of the local board of education; and
      11. Any other community representatives, as selected by the superintendent.
  2. The superintendent shall name the chair of the task force, who shall call the first meeting of the task force.
  3. Each task force shall:
    1. Decide on training that it may need;
      1. Determine what information and data the task force will need, plan and schedule presentations on the information and data which shall be disaggregated by race, ethnicity, gender, and socioeconomic status.
      2. Examples may include state test data, discipline statistics, teacher-student ratio, student and teacher attendance data, faculty composition by race, gender, ethnicity, and professional preparation of educators;
      1. Define the communication process and person responsible for disseminating information to the public.
      2. Communication shall include the posting of information on a website and shall provide appropriate translations, as needed;
      1. Establish a policy statement on closing the achievement gap for the local school administrative unit.
      2. This statement shall address why closing the achievement gap is important to the entire community;
      1. Set aside specific meetings to analyze and synthesize data and information.
      2. The task force shall use the data to identify and prioritize the problems with student achievement;
    2. Identify and review current effective programs and instructional strategies that address student achievement needs, identify criteria used to determine their effectiveness, determine changes to improve the effectiveness, identify gaps in services, and identify needed information to determine research-based programs and strategies that are effective in addressing the gaps; and
    3. Develop a report to the school and community that includes an implementation plan, benchmarks, and the monitoring process.
    1. Each task force may establish subcommittees to research answers to the critical questions.
    2. If subcommittees are established, they shall present their findings to the full task force.

History. Acts 2003, No. 1777, § 3.

6-15-1604. [Repealed.]

Publisher's Notes. This section, concerning reporting dropout rates, suspensions, expulsions, and alternative placements, was repealed by Acts 2007, No. 1573, § 50. The section was derived from Acts 2003, No. 1777, § 4; 2003 (2nd Ex. Sess.), No. 33, § 2.

Subchapter 17 — Parental Involvement Plan

Effective Dates. Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 969, § 12: Apr. 8, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state's constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the professional development of public school teachers and administrators is critical to the delivery of a constitutionally adequate education; and that this act is immediately necessary for school districts and educators to prepare for the professional development requirements needed for the 2013-2014 school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-15-1701. Findings.

The General Assembly recognizes that:

  1. A child's education is a responsibility shared by the school and family during the entire time the child spends in school;
  2. To support the goal of the schools to educate all students effectively, the schools and parents must work as knowledgeable partners;
  3. Although parents are diverse in culture, language, and needs, they are an integral component of a school's ability to provide for the educational success of their children;
  4. Engaging parents is essential to improve student achievement; and
  5. Schools should foster and support active parental involvement.

History. Acts 2003, No. 603, § 1.

6-15-1702. Parental involvement plan.

  1. Each public school district and each public school within its boundaries, in collaboration with parents, shall establish a parental involvement plan, including programs and practices that enhance parental involvement and reflect the specific needs of students and their families.
  2. The parental involvement program in each school shall:
    1. Involve parents of students at all grade levels in a variety of roles;
    2. Be comprehensive and coordinated in nature;
      1. Recognize that communication between home and school should be regular, two-way, and meaningful.
      2. To encourage communication with parents, the school shall:
        1. Prepare an informational packet to be distributed annually to the parent of each child in the school, appropriate for the age and grade of the child, describing:
          1. The school's parental involvement program;
          2. The recommended role of the parent, student, teacher, and school;
          3. Ways for the parent to become involved in the school and his or her child's education;
          4. A survey for the parent regarding his or her interests concerning volunteering at the school;
          5. Activities planned throughout the school year to encourage parental involvement; and
          6. A system to allow the parents and teachers to communicate in a regular, two-way, and meaningful manner with the child's teacher and the school principal; and
        2. Schedule no fewer than two (2) parent-teacher conferences per school year.
      3. The school may plan and engage in other activities determined by the school to be beneficial to encourage communication with parents;
      1. Promote and support responsible parenting.
      2. To promote and support responsible parenting, the school shall, as funds are available:
        1. Purchase parenting books, magazines, and other informative material regarding responsible parenting through the school library, advertise the current selection, and give parents an opportunity to borrow the materials for review;
        2. Create parent centers; and
        3. Plan and engage in other activities determined by the school to be beneficial to promoting and supporting responsible parenting;
      1. Acknowledge that parents play an integral role in assisting student learning.
      2. To help parents in assisting students, the school shall:
        1. Schedule regular parent involvement meetings at which parents are given a report on the state of the school and an overview of:
          1. What students will be learning;
          2. How students will be assessed;
          3. What a parent should expect for his or her child's education; and
          4. How a parent can assist and make a difference in his or her child's education;
        2. Provide instruction to a parent on how to incorporate developmentally appropriate learning activities in the home environment, including without limitation:
          1. Role play and demonstration by trained volunteers;
          2. The use of and access to Division of Elementary and Secondary Education website tools for parents;
          3. Assistance with nutritional meal planning and preparation; and
          4. Other strategies or curricula developed or acquired by the school district for at-home parental instruction approved by the division; and
        3. Engage in other activities determined by the school to help a parent assist in his or her child's learning;
      1. Welcome parents into the school and seek parental support and assistance.
      2. To welcome parents into the school, the school shall:
        1. Not have any school policies or procedures that would discourage a parent from visiting the school or from visiting a child's classrooms;
        2. Encourage school staff to use the volunteer surveys to compile a volunteer resource book listing the interests and availability of volunteers so that school staff may:
          1. Determine how frequently a volunteer would like to participate, including the option of just one (1) time per year;
          2. Include options for those who are available to help at home; and
          3. Help match school needs with volunteer interests; and
        3. Engage in other activities determined by the school to welcome parents into the school;
      1. Recognize that a parent is a full partner in the decisions that affect his or her child and family.
      2. To encourage a parent to participate as a full partner in the decisions that affect his or her child and family, the school shall:
        1. Include in the school's policy handbook the school's process for resolving parental concerns, including how to define a problem, whom to approach first, and how to develop solutions;
        2. Sponsor seminars to inform the parents of high school students about how to be involved in the decisions affecting course selection, career planning, and preparation for postsecondary opportunities; and
        3. Engage in other activities that the school determines will encourage a parent to participate as a full partner in the decisions that affect his or her child and family;
      1. Recognize that community resources strengthen school programs, family practices, and student learning.
      2. To take advantage of community resources, the school shall:
        1. Consider recruiting alumni from the school to create an alumni advisory commission to provide advice and guidance for school improvement;
          1. Enable the formation of a parent-teacher association or organization that will foster parental and community involvement within the school.
          2. Leaders of this organization shall be utilized in appropriate decisions affecting the children and families; and
        2. Engage in other activities that the school determines will use community resources to strengthen school programs, family practices, and student learning; and
    3. Support the development, implementation, and regular evaluation of the program to involve parents in the decisions and practices of the school district, using, to the degree possible, the components listed in this section.
    1. The principal of each school in a school district shall designate one (1) licensed staff member who is willing to serve as a parent facilitator to:
      1. Help organize meaningful training for staff and parents;
      2. Promote and encourage a welcoming atmosphere to foster parental involvement in the school; and
      3. Undertake efforts to ensure that parental participation is recognized as an asset to the school.
    2. The licensed staff member serving as a parental facilitator shall receive supplemental pay for the assigned duties as required by law.

History. Acts 2003, No. 603, § 1; 2007, No. 307, § 1; 2009, No. 397, § 1; 2009, No. 1469, § 5; 2013, No. 1138, § 20; 2019, No. 910, §§ 1233, 1234.

Amendments. The 2009 amendment by No. 397 inserted (b)(5)(B)(ii).

The 2009 amendment by No. 1469 redesignated (b)(3)(B); inserted (b)(3)(ii) and made a related change.

The 2013 amendment substituted “licensed” for “certified” in (c)(1) and (c)(2).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(5)(B)(ii) (b) ; and substituted “division” for “department” in (b)(5)(B)(ii) (d)

6-15-1703. Professional development.

  1. The State Board of Education's Standards for Accreditation of Arkansas Public Schools and School Districts shall require the following professional development according to the professional development schedule under § 6-17-709:
    1. Two (2) hours of professional development, or professional learning credit as determined by the Division of Elementary and Secondary Education, as part of the professional development required for teachers, designed to enhance understanding of effective family and community engagement strategies; and
    2. Two (2) hours of professional development, or professional learning credit as determined by the division, as part of the professional development required for administrators, designed to enhance understanding of:
      1. Effective family and community engagement strategies; and
      2. The importance of administrative leadership in setting expectations and creating a climate conducive to family and community participation.
  2. A school district shall provide training at least annually for volunteers who assist in an instructional program for families and the community.

History. Acts 2003, No. 603, § 1; 2009, No. 397, § 2; 2011, No. 1002, § 2; 2013, No. 969, § 2; 2019, No. 666, § 1.

Amendments. The 2009 amendment inserted (b); deleted “By September 1, 2003” in the introductory language of (a); substituted “minimum number of” for “thirty (30)” in (a)(2); and made related and minor stylistic changes.

The 2011 amendment substituted “Professional” for “Staff” in the section heading; in (a)(1), substituted “Two (2) or more” for “No fewer than two (2)” and “as part of the annual” for “opportunities for teachers, which may be included in the”; in (a)(2), substituted “Three (3) or more” for “No fewer than three (3)” and “as part of the annual” for “opportunities for administrators, in addition to the”; added present (b) and redesignated former (b) as (c).

The 2013 amendment inserted “the following ... under § 6-17-709” in (a); in (a)(1), deleted “or more” and “annual” and inserted “for teachers”; in (a)(2), substituted “Two (2)” for “Three (3) or more”, deleted “annual”, and inserted “for administrators”; and deleted former subsection (b) and redesignated former (c) as (b).

The 2019 amendment, in (a)(1), inserted “or professional learning credit as determined by the Department of Education”; in the introductory language of (a)(2), inserted “or professional learning credit as determined by the department”; substituted “part of the professional” for “part of the minimum number of hours of professional” in (a)(1) and the introductory language of (a)(2); substituted “family and community engagement” for “parental involvement” in (a)(1) and (a)(2)(A); substituted “family and community” for “parental” in (a)(2)(B); and substituted “families and the community” for “parents” in (b).

6-15-1704. Annual review of parental involvement plans — Monitoring.

  1. Annually by August 1, every school district shall review and update the school district's parental involvement plan and:
    1. File a copy of the plan with the Division of Elementary and Secondary Education;
    2. Place a copy of the plan on the school district's website; and
      1. Place a parent-friendly summary of the plan as a supplement to the student handbook.
      2. The parent shall sign a form acknowledging receipt of the summary and return the signed form to the school where the student is enrolled.
      1. The division shall:
        1. Review each plan;
        2. Determine whether the plan is in compliance with provisions of this subchapter; and
        3. Indicate on the school's performance report under § 6-15-1402 whether or not the school district is in compliance with this subchapter.
      2. Periodically on a rotating schedule, the division shall monitor each school district's plan to:
        1. Evaluate whether the school district is implementing its plan and the implementation's effectiveness; and
        2. Assess the areas in which a school district needs to revise its plan or its implementation of the plan.
      3. The division shall place priority for monitoring under subdivision (b)(1)(B) of this section on school districts that have been identified as being in:
        1. Level 4 — Directed support; or
        2. Level 5 — Intensive support.
    1. By January 1 of each year, the division shall provide any recommendations in writing to a school district:
      1. Concerning areas of noncompliance with §§ 6-15-1701 — 6-15-1703; or
      2. As a result of the department's monitoring under subdivision (b)(1)(B) of this section.
    2. The division shall allow the school district an opportunity to implement the division's recommendations.
    3. The State Board of Education shall incorporate the provisions of this subsection into its rules for parental involvement plans.

History. Acts 2003, No. 603, § 2; 2011, No. 1002, § 1; 2013, No. 1423, § 1; 2017, No. 936, § 30; 2019, No. 757, § 15; 2019, No. 910, §§ 1235-1240.

Amendments. The 2011 amendment added “Monitoring” to the section heading; substituted “Annually by October 1” for “Beginning on October 1, 2004, and by each October 1 thereafter” in (a); added the (a)(1) designation and added (a)(2); added the (b)(1)(A), (b)(1)(A)(i) through (b)(1)(A)(iii) designations, and added (b)(1)(B); and rewrote (b)(2).

The 2013 amendment added (a)(3).

The 2017 amendment rewrote (b)(1)(C)(i) and (b)(1)(C)(ii).

The 2019 amendment by No. 757 substituted “August 1” for “October 1” in the introductory language of (a).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “division” or “division’s” for “department” or “department’s” throughout the section.

6-15-1705. Incorporation of parental involvement into teacher education programs.

The Division of Elementary and Secondary Education and the Division of Higher Education shall collaborate with institutions of higher education to incorporate into teacher and administrator education programs instruction regarding:

  1. The importance of parental involvement;
  2. Successful strategies for encouraging a parent to be a partner in his or her child's education; and
  3. The relationship between cultural diversity and parental involvement.

History. Acts 2003, No. 603, § 5; 2009, No. 397, § 3; 2019, No. 910, § 1241.

Amendments. The 2009 amendment redesignated the section; inserted “and administrator” and substituted “instruction” for “information” in the introductory language; added (3); and made related and minor stylistic changes.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Division of Higher Education” for “Department of Higher Education” in the introductory language.

Subchapter 18 — Arkansas Pygmalion Commission on Nontraditional Education. [Repealed.]

6-15-1801 — 6-15-1806. [Repealed.]

Publisher's Notes. This subchapter, concerning the Arkansas Pygmalion Commission on Nontraditional Education, was repealed by Acts 2013, No. 581, § 6. The subchapter was derived from the following sources:

6-15-1801. Acts 1993, No. 1288, § 1.

6-15-1802. Acts 1993, No. 1288, § 2.

6-15-1803. Acts 1993, No. 1288, § 3; 1995, No. 596, § 1; 1997, No. 112, §§ 18, 30; 1999, No. 1481, § 1; 2003 (1st Ex. Sess.), No. 51, § 24.

6-15-1804. Acts 1993, No. 1288, § 4; 1995, No. 596, § 2; 1997, No. 312, § 19.

6-15-1805. Acts 1993, No. 1288, § 5.

6-15-1806. Acts 1993, No. 1288, § 6; 1997, No. 250, § 251; 1999, No. 1481, § 2.

Subchapter 19 — Delta Student Academic Success Plan

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-15-1901. Establishment of plan.

  1. The University of Arkansas at Pine Bluff may establish a Delta Student Academic Success Plan to reduce the disparities in the academic performance of youth in the Arkansas delta.
  2. The plan shall consist of the following components:
    1. A coalition effort between the University of Arkansas at Pine Bluff and various school districts in Arkansas, Chicot, Drew, Jefferson, and Lincoln counties;
    2. A plan to establish a standards-based curriculum to be used in the various school districts in mathematics, reading, and English using instructional strategies based on students' assessed mastery level and learning styles;
    3. Faculty development in:
      1. Standards-based mathematics, reading, and English;
      2. Use of student assessment data in instructional design; and
      3. Instructional design based on assessed mastery and learning styles;
    4. Development of an Arkansas Teacher Corps to increase the number of new and licensed teachers;
    5. Development of an after-school academic program to reinforce knowledge and skills taught during the regular class day and to help develop knowledge and skills in wellness, art, hobbies, personal growth, decision making, and career awareness and requirements; and
    6. Development of a comprehensive evaluation program in which key assessment measures shall include:
      1. The number of participants;
      2. The participants' mastery of English, mathematics, and reading as measured by the state benchmark examinations;
      3. Stanford Achievement Test Series and National Assessment of Educational Progress measures; and
      4. Admission to and graduation from an accredited college or technical institution.
  3. The Chancellor of the University of Arkansas at Pine Bluff may enter into an agreement with the superintendents of the school districts within Arkansas, Chicot, Drew, Jefferson, and Lincoln counties to implement the plan to the extent that the plan does not conflict with Arkansas law or with the standards set forth by the Division of Elementary and Secondary Education.
  4. If a plan is established, the chancellor shall make a yearly report of the progress of the plan, including the evaluations and measures as described under subdivision (b)(6) of this section to the superintendents of the school districts in Arkansas, Chicot, Drew, Jefferson, and Lincoln counties, the division, the House Committee on Education, the Senate Committee on Education, and the Legislative Council.

History. Acts 2003 (2nd Ex. Sess.), No. 31, § 1; 2013, No. 1138, § 21; 2019, No. 910, § 1242.

Amendments. The 2013 amendment substituted “licensed” for “certified” in (b)(4).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c).

Subchapter 20 — Public School Student Progression

Effective Dates. Acts 2003 (2nd Ex. Sess.), No. 35, § 13: July 1, 2004. Effective date clause provided: “Unless otherwise provided herein, this subchapter shall become effective on July 1, 2004.”

Acts 2003 (2nd Ex. Sess.), No. 35, § 14: Jan. 14, 2004. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002) has declared the now current system of education to be unconstitutional because it is both inequitable and inadequate; that the Arkansas Supreme Court has set forth the test for a constitutional system to be one in which the state has an ‘absolute duty’ to provide and ‘equal opportunity to an adequate education’; that the Arkansas Supreme Court has instructed the General Assembly to define and provide what is necessary to provide an adequate and equitable education for the children of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-15-2001. Intent.

It is the intent of the General Assembly subsequent to § 6-15-2004 that:

  1. Each student's progression from one (1) grade to another be determined, in part, upon proficiency in reading, writing, and mathematics;
  2. District school board of directors policies facilitate such proficiency; and
  3. Each student and his or her parent be informed of the student's academic progress.

History. Acts 2003 (2nd Ex. Sess.), No. 35, § 5.

6-15-2002. [Repealed.]

Publisher's Notes. This section, concerning a comprehensive program for student progression, was repealed by Acts 2017, No. 936, § 31. The section was derived from Acts 2003 (2nd Ex. Sess.), No. 35, § 5.

6-15-2003. [Repealed.]

Publisher's Notes. This section, concerning assessment and remediation, was repealed by Acts 2005, No. 2243, § 2. The section was derived from Acts 2003 (2nd Ex. Sess.), No. 35, § 5.

6-15-2004. Reading deficiency and parental notification.

    1. It is the ultimate goal of the General Assembly that every student read at or above his or her grade level.
      1. Any student who exhibits a substantial deficiency in reading, based upon statewide assessments conducted in grades kindergarten through two (K-2), or through teacher observations, shall be given intensive reading instruction based on the science of reading as soon as practicable following the identification of the reading deficiency.
      2. The student shall continue to be provided with intensive reading instruction until the reading deficiency is corrected.
  1. Beginning with the 2005-2006 school year, the parent or guardian of any student who exhibits a substantial deficiency in reading, as described in subsection (a) of this section, shall be notified in writing of the following:
    1. That his or her child has been identified as having a substantial deficiency in reading;
    2. A description of the current services that are provided to the child; and
    3. A description of the proposed supplemental instructional services and supports that will be provided to the child that are designed to remediate the identified area of reading deficiency.

History. Acts 2003 (2nd Ex. Sess.), No. 35, § 5; 2017, No. 936, § 32.

Amendments. The 2017 amendment substituted “based on the science of reading” for “utilizing a reading program approved by the State Board of Education” in (a)(2)(A); deleted (a)(2)(B); and redesignated former (a)(2)(C) as present (a)(2)(B).

6-15-2005. Elimination of social promotion.

No student may be assigned to a grade level based solely on age or other factors that constitute social promotion except as provided by applicable federal and state law.

History. Acts 2003 (2nd Ex. Sess.), No. 35, § 5.

6-15-2006. Annual report.

      1. In addition to the requirements in § 6-15-2004(b), each school district board of directors shall annually report to the parent or guardian of each student the progress of the student toward achieving state expectations for proficiency in reading, writing, and mathematics.
      2. The school district board of directors shall report to the parent, guardian, or the student if the student is eighteen (18) years of age or older, the student's results on each statewide assessment test.
        1. At least two (2) times per year, a public school district shall report in writing to the parent or legal guardian and each teacher of a student in kindergarten through grade eight (K-8) the independent reading level at which the student is reading.
        2. The Division of Elementary and Secondary Education may promulgate rules to implement this section.
    1. The evaluation of each student's progress shall be based upon the student's classroom work, observations, tests, state assessments, and other relevant information.
    2. Progress reporting shall be provided to the parent, guardian, or the student if the student is eighteen (18) years of age or older, in writing in a format adopted by the school district board of directors which is consistent with § 6-15-2101(b).
    1. A school district board of directors shall publish annually the school performance report required by § 6-15-2101 on its website not later than ten (10) days after it is posted on the division's website, with the option of also publishing it in the local newspaper.
    2. The school performance report shall be easily identifiable on the website.
  1. A printed copy of the school performance report under § 6-15-2101 shall be made available upon request.
  2. This section shall apply to the extent that it is not in violation of applicable state or federal law.

History. Acts 2003 (2nd Ex. Sess.), No. 35, § 5; 2005, No. 2152, § 2; 2015, No. 1217, § 16; 2017, No. 869, § 3; 2017, No. 936, § 33; 2017, No. 940, § 1; 2019, No. 757, § 16; 2019, No. 910, § 1243.

A.C.R.C. Notes. Pursuant to § 1-2-207(b), subsections (b) and (c) of this section are set out as amended by Acts 2017, No. 936, § 33. Acts 2017, No. 869, § 3, also amended subsections (b) and (c) of this section to read as follows:

“(b)(1) A school district board of directors shall publish annually on its website the school performance report required by § 6-15-1402 by October 15 of each year the following information on the prior school year or the latest information available:

“(A) By grade level, economic status, and ethnicity, the number and percentage of all students in kindergarten through grade twelve (K-12) performing at each category level on the state-mandated examinations, the percentile rankings by school and grade level on any other assessments as required by the state board, the number of students taking advanced placement courses or courses offered under the International Baccalaureate Diploma Programme, the number taking the advanced placement exams, and the percent of students making a 3, 4, or 5 on advanced placement exams;

“(B) By grade level, the number and percentage of all students retained in grades one through eight (1-8);

“(C) The graduation rate, grade inflation rate, drop-out rate for grades nine through twelve (9-12), and college remediation rate;

“(D) The number of students transferring pursuant to the unsafe school provision of § 6-15-432; and

“(E) The number of students transferring pursuant to the Arkansas Opportunity Public School Choice Act of 2004, § 6-18-227.

“(2) The school performance report shall be easily identifiable on the website.

“(3) The public school district may also publish the school performance report in the local newspaper.

“(c) A printed copy of the school performance report required by § 6-15-1402 shall be made available upon request.

“(d) This section shall apply to the extent that it is not in violation of applicable state or federal law.”

Amendments. The 2015 amendment substituted “A” for “Beginning with the 2004-2005 school year, each” in the introductory language of (b); and, in (b)(1), substituted “state-mandated” for “benchmark examinations and end-of-course” and deleted “norm-referenced exams” following “level on”.

The 2017 amendment by No. 869 redesignated former (b) as (b)(1); in the introductory language of (b)(1), substituted “on its website” for “in the local newspaper” and deleted “and report in writing to the State Board of Eduction” preceding “by October 15”; added (b)(2) and (b)(3); inserted (c); and redesignated former (c) as (d).

The 2017 amendment by No. 936 redesignated former (b) as (b)(1); in the introductory language of (b)(1), deleted “in the local newspaper” following “annually”, substituted “§ 6-15-2101 on its website, with the option of also publishing it in the local newspaper” for “§ 6-15-1402 and report in writing to the State Board of Education”, and inserted “and” preceding “the following information”; in (b)(1)(A), substituted “statewide student assessment” for “state-mandated examinations” and “State Board of Education” for “board”; substituted “§ 6-18-320” for “§ 6-15-432” in (b)(1)(D); added present (b)(2); inserted (c); and redesignated former (c) as (d).

The 2017 amendment by No. 940 added (a)(1)(C).

The 2019 amendment by No. 757, in (b)(1), inserted “not later than ten (10) days after it is posted on the department’s website” and deleted “by October 15 of each year, and the following information on the prior school year or the latest information available” following “newspaper”; and deleted (b)(1)(A) through (b)(1)(E).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1)(C)(ii).

6-15-2007. State Board of Education authority and responsibilities.

The State Board of Education shall adopt rules for the administration of this subchapter pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

History. Acts 2003 (2nd Ex. Sess.), No. 35, § 5.

6-15-2008. Technical assistance.

  1. The Division of Elementary and Secondary Education shall provide technical assistance as needed to aid school districts in administering this subchapter.
    1. At least semiannually, the division shall provide a report to the House Committee on Education and the Senate Committee on Education setting forth the school districts requesting assistance, the date of the requests, and the dates and actions taken.
    2. The division shall further report the results of the action taken or assistance provided.

History. Acts 2003 (2nd Ex. Sess.), No. 35, § 5; 2019, No. 910, § 1244.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” in (b)(1) and (b)(2).

6-15-2009. [Repealed.]

Publisher's Notes. This section, concerning public school assessments and remediation, was repealed by Acts 2017, No. 936, § 34. The section was derived from Acts 2005, No. 2243, § 1; 2007, No. 1573, §§ 14, 15; 2009, No. 1307, § 4; 2011, No. 989, §§ 18-20; 2013, No. 1081, §§ 9-14; 2015, No. 846, § 7; 2015, No. 1217, § 17.

6-15-2010. [Repealed.]

Publisher's Notes. This section, concerning alternative exit course and alternative course exam, was repealed by Acts 2009, No. 1307, § 5. The section was derived from Acts 2005, No. 2243, § 1.

6-15-2011. [Repealed.]

Publisher's Notes. This section, concerning the Supplemental Educational Services Transparency Act, was repealed by Acts 2017, No. 929, § 1. The section was derived from Acts 2011, No. 902, § 2.

6-15-2012. College and career readiness assessments — Secondary intervention programs — Transitional courses.

  1. Before a student's graduation from high school, a high school shall assess the student's college readiness based on the statewide college and career readiness standards determined and implemented by the State Board of Education.
  2. A high school shall provide for each student who does not meet the college and career readiness standards under the assessment:
    1. One (1) or more transitional courses designed to help the student reach college and career readiness standards; and
    2. Related strategies to allow for accelerated skill and knowledge development consistent with the college and career readiness standards.
  3. A transitional course:
    1. Is based on the college and career readiness standards; and
    2. May be composed of digital transitional modules that allow a student to progress at his or her own pace in the specific area of intervention needed.
  4. The Arkansas Higher Education Coordinating Board shall exempt from the placement exam under § 6-61-110 a first-time entering freshman at a state-supported institution of higher education who meets the college and career readiness standards.
  5. A high school shall award the same credit for a full mathematics transitional course as it does for a fourth-year mathematics course.
  6. The State Board of Education may promulgate rules to implement this section.

History. Acts 2013, No. 585, § 2.

Subchapter 21 — School Rating System

Effective Dates. Acts 2003 (2nd Ex. Sess.), No. 35, § 13: July 1, 2004. Effective date clause provided: “Unless otherwise provided herein, this subchapter shall become effective on July 1, 2004.”

Acts 2003 (2nd Ex. Sess.), No. 35, § 14: Jan. 14, 2004. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002) has declared the now current system of education to be unconstitutional because it is both inequitable and inadequate; that the Arkansas Supreme Court has set forth the test for a constitutional system to be one in which the state has an ‘absolute duty’ to provide and ‘equal opportunity to an adequate education’; that the Arkansas Supreme Court has instructed the General Assembly to define and provide what is necessary to provide an adequate and equitable education for the children of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-15-2101. School rating system — Annual reports.

    1. The Division of Elementary and Secondary Education shall prepare annual reports of the results of the statewide assessment program that describe student achievement in each school district and each school in the state and the school performance category levels under § 6-15-2103.
    2. The division shall prescribe the design and content of these reports that shall include without limitation descriptions of achievement of all schools participating in any assessment program and all of their major student populations as determined by the division, provided that the provisions of § 6-15-2909 pertaining to student records apply to this section.
    3. Annual school performance reports shall be:
      1. Made available in hard copy to all parents or guardians;
      2. Posted on the division's website;
      3. Posted on the local school district's website; and
      4. Published by the local school district in the local newspaper.
    1. The division shall provide information regarding performance of students and educational programs as required under §§ 6-15-2907 and 6-15-2301 and implement a system of school reports as required by statute and State Board of Education rule.
    2. Annual school performance reports shall be in an easy-to-read format.
  1. The annual report shall separately list the following measures by school:
    1. Student performance on statewide student assessments as required by law or rule of the state board;
    2. Student academic growth based on statewide student assessments as required by law or rule of the state board;
    3. For a secondary school, the school's graduation rate; and
    4. Any other criteria required by law or by rule of the state board.

History. Acts 2003 (2nd Ex. Sess.), No. 35, § 6; 2005, No. 1962, § 10; 2007, No. 1573, § 16; 2013, No. 1073, § 17; 2013, No. 1429, § 50; 2017, No. 744, § 2; 2017, No. 936, §§ 35-38; 2019, No. 910, §§ 1245, 1246.

Amendments. The 2013 amendment by No. 1073, in (a)(3), added the (A) and (B) and (D) designations, added (C), and substituted “Made available in hard copy” for “sent” in (A).

The 2013 amendment by No. 1429 substituted “under § 6-15-2103” for “pursuant to §§ 6-15-2102 and 6-15-2103” in (a)(1); redesignated and rewrote former (a)(3) as present (a)(3)(A) through (a)(3)(D); rewrote (c)(1) and (c)(2); and added (c)(3) and (d); and made stylistic changes.

The 2017 amendment by No. 744, deleted former (c), and redesignated former (d) as (c); and, in the introductory language of present (c), deleted “In addition to the designation of one (1) overall school performance category for each school required by subsection (c) of this section” from the beginning.

The 2017 amendment by No. 936, substituted “§ 6-15-2909” for “§ 6-15-415” in (a)(2); substituted “§§ 6-15-2907” for “§§ 6-15-433” in (b)(1); deleted “and shall include both the school improvement and performance level designations” following “format” in (b)(2); repealed (c); and substituted “statewide student” for “state-mandated” in (d)(1) and (d)(2) [now (c)(1) and (c)(2)].

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “division” for “department” twice in (a)(2) and in (b)(1).

6-15-2102. [Repealed.]

Publisher's Notes. This section, concerning school rating system and annual improvement category levels, was repealed by Acts 2013, No. 1429, § 6. The section was derived from Acts 2003 (2nd Ex. Sess.), No. 35, § 6; 2007, No. 1573, § 17.

6-15-2103. School rating system — School annual performance category levels.

The annual report shall identify schools as being in one (1) school performance category level defined according to rules of the State Board of Education.

History. Acts 2003 (2nd Ex. Sess.), No. 35, § 6; 2007, No. 1573, § 18; 2013, No. 1429, § 7.

Amendments. The 2013 amendment deleted “Annual performance goals” following “School rating system” in the section heading and rewrote the section.

6-15-2104. Mobility.

The Division of Elementary and Secondary Education shall study the effects of mobility on the performance of highly mobile students and recommend programs to improve the performance of such students.

History. Acts 2003 (2nd Ex. Sess.), No. 35, § 6; 2019, No. 910, § 1247.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education”.

6-15-2105. School rating system — School ratings and performance category level measurement — Publication.

  1. School performance category level designations or ratings shall apply to each school's achievement for the year in which the achievement is measured.
    1. Each school's designation or rating shall be published annually by the Division of Elementary and Secondary Education and by the school district and shall be available on the division's website.
    2. Each parent and guardian is entitled to an easy-to-read written report describing the designation or rating of the school in which his or her child is enrolled.
    3. Effective with the 2014-2015 school year, the report required under this section shall identify the levels of improvement and performance on the report as:
      1. “A” for schools that are rated “exemplary” by the Division of Elementary and Secondary Education, Level 5 under § 6-15-2102 [repealed], or Level 5 under § 6-15-2103;
      2. “B” for schools that are rated “achieving” by the division, Level 4 under § 6-15-2102 [repealed], or Level 4 under § 6-15-2103;
      3. “C” for schools that are rated “needs improvement” by the division, Level 3 under § 6-15-2102 [repealed], or Level 3 under § 6-15-2103;
      4. “D” for schools that are rated “needs improvement — focus” by the division, Level 2 under § 6-15-2102 [repealed], or Level 2 under § 6-15-2103; and
      5. “F” for schools that are rated “needs improvement — priority” by the division, Level 1 under § 6-15-2102 [repealed], or Level 1 under § 6-15-2103.

History. Acts 2003 (2nd Ex. Sess.), No. 35, § 6; 2013, No. 696, § 1; 2013, No. 1429, § 8; 2019, No. 910, §§ 1248, 1249.

Amendments. The 2013 amendment by No. 696 added (b)(3).

The 2013 amendment by No. 1429 substituted “ratings and performance category level measurement – Publication” for “improvement and performance category level – Improvement and performance rating reports” in the section heading; deleted “annual improvement and” following “School” in (a); and substituted “or” for “and” preceding “ratings” in (a) and preceding “rating” in (b)(1) and (b)(2).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” and “division’s” for “department’s” in (b)(1); and substituted “Division of Elementary and Secondary Education” for “department” in (b)(3)(A).

6-15-2106. School rating system — Rules.

  1. The State Board of Education shall adopt rules necessary to implement this subchapter pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
  2. The state board may, by rules adopted under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and reviewed and approved under § 10-3-309, redesignate the levels of performance categories and improvement categories under this subchapter to be consistent with:
    1. The Arkansas academic standards;
    2. Assessments that correlate with Arkansas academic standards; and
    3. Rules adopted under the requirements of a law enacted by the United States Congress for general education, including without limitation the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95, or any supplementary federal regulations, directives, or decisions of the United States Department of Education pertaining to that legislation.

History. Acts 2003 (2nd Ex. Sess.), No. 35, § 6; 2013, No. 696, § 2; 2015, No. 1258, § 2; 2015, No. 1272, § 2; 2017, No. 744, § 3; 2017, No. 936, §§ 39-41.

A.C.R.C. Notes. Acts 2015, No. 1258, § 1, provided: “LEGISLATIVE FINDINGS. The General Assembly finds:

“(1) Amendment 92 to the Arkansas Constitution states in part: ‘The General Assembly may provide by law for the review by a legislative committee of administrative rules promulgated by a state agency before the administrative rules become effective; and that administrative rules promulgated by a state agency shall not become effective until reviewed and approved by the legislative committee charged by law with the review of administrative rules under subdivision (a)(1) of this section’;

“(2) As Amendment 92 does not define the term ‘state agency’, the General Assembly may establish a definition by law as part of its implementation of Amendment 92;

“(3) The General Assembly at this time wishes to exclude the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education from the definition of ‘state agency’ applied to the implementation of Amendment 92; and

“(4) The General Assembly or the Legislative Council reserve the right to amend the definition of ‘state agency’ in the future to include one (1) or all of the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education.”

Amendments. The 2013 amendment substituted “Rules” for “Improvement and performance category levels — Annual” in the section heading; and added (b).

The 2015 amendment by No. 1258 substituted “under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and reviewed and approved” for “and reviewed” in the introductory language of (b).

The 2015 amendment by No. 1272 added (c) and (d).

The 2017 amendment by No. 744 substituted “Every Student Succeeds Act, Pub. L. No. 114-95” for “No Child Left Behind Act of 2001, 20 U.S.C. § 6301 et seq.” in (b)(3).

The 2017 amendment by No. 936, substituted “Arkansas academic standards” for “Common Core State Standards” in (b)(1); in (b)(3), inserted “the United States” preceding “Congress”, and substituted “Every Student Succeeds Act of 2015, Pub. L. No. 114-95” for “No Child Left Behind Act of 2001, 20 U.S.C. § 6301 et seq.”; and repealed (c) and (d).

U.S. Code. The Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95, is codified as 20 U.S.C. § 6301 et seq.

6-15-2107. Arkansas School Recognition Program.

  1. The General Assembly finds that there is a need for an incentive program for outstanding schools. The General Assembly further finds that performance-based incentives are commonplace in the private sector and should be infused into the public sector as a reward for productivity.
  2. The Arkansas School Recognition Program is created to provide financial awards to public schools that experience high student performance and those with high student academic growth, which includes high school graduation rate comparisons for secondary schools.
      1. If funds are available, a public school or public charter school shall receive performance-based funding of:
        1. One hundred dollars ($100) per student who attends the public school or public charter school if:
          1. The public school or public charter school is in the top five percent (5%) of all public schools in Arkansas in student performance under the criteria set forth by rule of the State Board of Education;
          2. The public school or public charter school is in the top five percent (5%) of all public schools in Arkansas in student academic growth under the criteria set forth by rule of the state board; or
          3. The public school or public charter school meets the criteria established by the state board to be used in lieu of the criteria set forth in subdivisions (c)(1)(A)(i)(a) and (b) of this section to reward top-performing public schools; or
        2. Fifty dollars ($50) per student who attends the public school or public charter school if:
          1. The public school or public charter school is in the top ten percent (10%) but below the top five percent (5%) of all public schools in Arkansas in student performance under the criteria set forth by rule of the state board;
          2. The public school or public charter school is in the top ten percent (10%) but below the top five percent (5%) of all public schools in Arkansas in student academic growth under the criteria set forth by rule of the state board; or
          3. The public school or public charter school meets the criteria established by the state board to be used in lieu of the criteria set forth in subdivisions (c)(1)(A)(ii)(a) and (b) of this section to reward high-performing public schools that do not meet the eligibility criteria set forth in subdivision (c)(1)(A)(i) of this section.
      2. The rewards listed in subdivision (c)(1)(A) of this section:
        1. Shall begin after the 2012-2013 state-mandated assessments; and
        2. Shall be based upon the results of state-mandated assessments.
    1. The Division of Elementary and Secondary Education may disburse available performance-based funding appropriated by the General Assembly on a pro rata basis.
    1. All eligible schools shall receive performance-based funding.
      1. Funds shall be distributed to the school's fiscal agent and placed in the school's account and shall be used for purposes listed in subsection (e) of this section as determined by a committee which shall include:
        1. The principal;
        2. A teacher elected by the faculty; and
        3. A parent representative selected by the local parent-teacher association or some other local parental involvement group.
      2. The committee shall make its determination by December 15 of each applicable year.
  3. School recognition awards shall be used for the following:
    1. Nonrecurring bonuses to the faculty and staff;
    2. Nonrecurring expenditures for educational equipment or materials to assist in maintaining and improving student performance; or
    3. Temporary personnel for the school to assist in maintaining and improving student performance.
  4. School recognition awards are exempt from §§ 6-17-119 and 6-20-412.
  5. The General Assembly shall appropriate and fund sufficient funds to implement this section.

History. Acts 2003 (2nd Ex. Sess.), No. 35, § 6; 2011, No. 989, § 21; 2013, No. 1429, § 9; 2015, No. 846, § 8; 2015, No. 854, § 2; 2017, No. 869, §§ 4-6; 2019, No. 910, § 1250.

Amendments. The 2011 amendment substituted “If funds are available, a” for “Each” in (c)(1); inserted present (c)(2) and redesignated the remaining subdivisions accordingly; and substituted “department” for “Department of Education” in (c)(4).

The 2013 amendment rewrote (b)(1) and (b)(2) as present (b); rewrote (c), deleted (d) and redesignated the remaining subsections accordingly.

The 2015 amendment by No. 846 substituted “the results of” for “a comparison between the results of the 2011-2012 state-mandated assessments and the 2012-2013” in (c)(1)(B)(ii).

The 2015 amendment by No. 854, in (b), inserted “and those with high” and substituted “which includes high school graduation rate comparisons for secondary schools” for “and, for a secondary school, a high graduation rate”; rewrote (c)(1)(A)(i) (a) ; inserted (c)(1)(A)(i) (b) and redesignated former (c)(1)(A)(i) (b) as (c)(1)(A)(i) (c) ; inserted “and (b) ” in (c)(1)(A)(i) (c) ; rewrote (c)(1)(A)(ii) (a) ; inserted (c)(1)(A)(ii) (b) and redesignated former (c)(1)(A)(ii) (b) as (c)(1)(A)(ii) (c) ; and inserted “and (b) ” in (c)(1)(A)(ii) (c)

The 2017 amendment repealed (c)(1)(C), (c)(3), and (c)(4); inserted present (f); and redesignated former (f) as present (g).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c)(2).

6-15-2108. School rating system.

  1. The school rating system shall be a multiple-measures approach that shall include without limitation:
    1. Academic achievement on the annual statewide student assessment;
    2. Student growth on the annual statewide student assessment;
    3. School-level graduation rate or rates; and
    4. English-learner progress or growth in acquiring English.
  2. The school rating system shall consider without limitation at least one (1) or more of the following indicators:
    1. Closing the achievement gap;
    2. Academic growth of student subgroups, including without limitation economically disadvantaged students, students from major racial and ethnic groups, English learners, and students with disabilities;
    3. The percentage of the grade nine (9) cohort with on-time completion of credit attainment at the end of grade nine (9);
    4. Equity in resource allocation;
    5. The percentage of students who earn:
      1. Advanced placement credit;
      2. Concurrent credit;
      3. International Baccalaureate credit; or
      4. Industry-recognized certification that leads to articulated or concurrent credit at a postsecondary institution;
    6. Student access to multiple flexible learning continua, including but not limited to personalized, competency, or mastery learning;
    7. Student access to preschool offered by the public school district;
    8. The proportional percentage of qualified educators who hold a National Board for Professional Teaching Standards certification or have an advanced degree beyond their bachelor's degree; and
    9. Public school district and community partnerships.
  3. Indicators included or considered as part of the school rating system shall:
    1. Allow for meaningful differentiation in school performance; and
    2. Be valid, reliable, comparable, and applicable statewide.
  4. The Division of Elementary and Secondary Education shall promulgate rules to implement this section.

History. Acts 2017, No. 744, § 4; 2019, No. 910, § 1251.

A.C.R.C. Notes. Acts 2017, No. 744, § 1, provided: “Findings.

The General Assembly finds that:

“(1) The Department of Education is working to draft a state plan that includes an accountability system for Arkansas public schools and public school districts that complies with the Every Student Succeeds Act, 20 U.S.C. 6301 et seq.;

“(2) The state plan will be submitted to the United States Department of Education in the fall of 2017, to become effective for the 2018-2019 school year;

“(3) Arkansas has an economically and culturally diverse student population, and its public school districts work tirelessly to serve the needs of all students;

“(4) Children in poverty, children with limited English language proficiency, migratory children, children with disabilities, neglected or delinquent children, and young children in need of assistance often struggle with their performance on state-mandated assessments;

“(5) The accountability system should reward public schools and public school districts for all students' successes; and

“(6) The state must ensure the promotion of learning and equity for all students in its accountability system.”

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (d).

Subchapter 22 — School Improvement and Education Accountability

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-15-2201. [Repealed.]

Publisher's Notes. This section, concerning implementation of a state system of school improvement and education accountability, was repealed by Acts 2017, No. 936, § 42. The section was derived from Acts 2003 (2nd Ex. Sess.), No. 35, § 8; 2007, No. 1573, § 19; 2013, No. 1429, § 10; 2015, No. 841, § 3.

6-15-2202. Access to public school information on school improvement plans.

  1. This section is intended to:
    1. Improve student achievement and close achievement gaps among student subgroups by providing public access to school-level improvement plans;
    2. Improve parental involvement and communication with parents;
    3. Increase transparency and accountability of public schools and public school districts to the public; and
    4. Make public school and public school district data more accessible to researchers and policymakers.
  2. By the twentieth day following the date a public school or public school district is required by law or rule to provide the applicable information listed in this subsection, a public school district shall post the most recent version of the following information on its website:
    1. The public school district's annual report card and the annual report card of each public school in the public school district;
    2. A parent-friendly explanation of why the public school district is receiving Level 5 — Intensive support, a school is identified as in need of targeted or comprehensive support, or the public school district is in fiscal distress and what the public school district is doing to be removed from Level 5 — Intensive support, to remove the school or schools within the public school district from being identified as in need of targeted or comprehensive support, or to be removed from fiscal distress;
    3. The public school district's parental involvement plan and the parental involvement plan of all public schools in the public school district and informational packets required under § 6-15-1702; and
    4. Teacher qualifications for all public schools in the public school district.
  3. Not less than annually, the Division of Elementary and Secondary Education shall monitor compliance with the requirements of this section when the division:
    1. Directly monitors a school for compliance with standards for accreditation; or
    2. Assists a school with its school-level improvement plan or school district support plan.
    1. The division shall report a failure to comply with this section to the State Board of Education.
    2. The state board shall establish by rule that compliance with this section is a requirement for accreditation of a public school or public school district.

History. Acts 2009, No. 1373, § 1; 2015, No. 841, § 4; 2017, No. 936, §§ 43-46; 2019, No. 757, §§ 17, 18; 2019, No. 910, §§ 1252, 1253.

Amendments. The 2015 amendment repealed former (b)(1)(B).

The 2017 amendment substituted “school-level” for “comprehensive school” in (a)(1) and (c)(2); repealed (b)(1); rewrote (b)(3) [now (b)(2)]; deleted “and under the No Child Left Behind Act of 2001, 20 U.S.C. § 6301 et seq.” at the end of (b)(4) [now (b)(3)] and similar language at the end of (b)(5) [now (b)(4)]; and added “or school district support plan” at the end of (c)(2).

The 2019 amendment by No. 757 deleted (b)(2)(A) and (b)(2)(B); removed the (b)(2)(C) designation; substituted “in need of targeted or comprehensive support” for “targeted or comprehensive” twice in (b)(2); and substituted “for” for “and” preceding “accreditation” in (c)(1).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (c); and substituted “division” for “department” in the introductory language of (c) and in (d)(1).

Subchapter 23 — Best Financial Management Practices for School Districts

Effective Dates. Acts 2003 (2nd Ex. Sess.), No. 35, § 13: July 1, 2004. Effective date clause provided: “Unless otherwise provided herein, this subchapter shall become effective on July 1, 2004.”

Acts 2003 (2nd Ex. Sess.), No. 35, § 14: Jan. 14, 2004. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002) has declared the now current system of education to be unconstitutional because it is both inequitable and inadequate; that the Arkansas Supreme Court has set forth the test for a constitutional system to be one in which the state has an ‘absolute duty’ to provide and ‘equal opportunity to an adequate education’; that the Arkansas Supreme Court has instructed the General Assembly to define and provide what is necessary to provide an adequate and equitable education for the children of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-15-2301. Best financial management practices for school districts — Standards — Reviews — Designation of school districts.

    1. The purpose of the best financial management practices reviews is to improve Arkansas school district management's use of resources and to identify cost savings.
      1. The Division of Elementary and Secondary Education and Arkansas Legislative Audit are directed to develop a system for reviewing the financial management practices of school districts.
      2. In this system, Arkansas Legislative Audit shall assist the division in examining school district operations to determine whether they meet “best financial management code practices”.
    1. The best financial management practices adopted by the State Board of Education may be updated periodically after consultation with the Legislative Council, the Governor, the division, school districts, and Arkansas Legislative Audit.
    2. The division shall submit to the state board for review and possible adoption proposed revisions to the best financial management practices adopted by the state board and reviewed by the Legislative Council.
    3. Revised best financial management practices adopted by the state board shall be used in the next scheduled school district reviews conducted according to this section.
      1. The best financial management practices, at a minimum, shall be designed to instill public confidence by:
        1. Addressing the school district's use of resources;
        2. Identifying ways that the school district could save funds; and
        3. Improving the school district's performance accountability systems, including public accountability.
      2. To achieve these objectives, best practices shall be developed for, but need not be limited to, the following areas:
        1. Management structures;
        2. Performance accountability;
        3. Efficient delivery of educational services, including instructional materials;
        4. Administrative and instructional technology;
        5. Personnel systems and benefits management;
        6. Facilities construction;
        7. Facilities maintenance;
        8. Student transportation;
        9. Food service operations;
        10. Cost control systems, including asset management, risk management, financial management, purchasing, internal auditing, and financial auditing;
        11. Athletics; and
        12. Other extracurricular activities.
    1. The division shall conduct the reviews or contract with a private firm selected through a formal request-for-proposal process to perform the review.
    2. At least one (1) member of the private firm review team shall have expertise in school district finance.
    3. The scope of the review shall focus on the best practices adopted by the state board pursuant to subsection (b) of this section.
  1. The state board shall consult with the division throughout the best practices review process to ensure that the technical expertise of the division benefits the review process and supports the school districts before, during, and after the review.
    1. Each school district shall be subject to a best financial management practices review.
    2. The General Assembly also intends that all school districts shall be reviewed biennially by on-site visits and shall be given one (1) of the following designations:
      1. “A”, schools comprehensively complying with best financial practices;
      2. “B”, schools complying with best financial practices at significant levels;
      3. “C”, schools adequately complying with best financial practices;
      4. “D”, schools less than adequately complying with best financial practices; or
      5. “F”, schools failing to comply with best financial practices.
      1. The division shall prepare annual reports of the results of the best financial management practices reviews and shall post to its website the school and the school district financial grades.
      2. The report, which shall be part of the overall school and school district report card requirement pursuant to § 6-15-2006, shall include both revenue sources and expenditures.
      3. The reporting of expenditures shall include breakdowns of administrative, instructional, support, and operations expenditures, as well as any other financial commitments of the school and school district.
  2. The Legislative Council may adjust the schedule of school districts to be reviewed when unforeseen circumstances prevent initiation of reviews scheduled.
  3. Subject to funding by the General Assembly, the division may contract with a private firm to conduct best financial management practices reviews.
    1. Reviews shall be conducted by Arkansas Legislative Audit, the division, or the consultant.
      1. Funds may be used for the cost of reviews by Arkansas Legislative Audit and private consultants contracted by the state board.
      2. Costs may include professional services, travel expenses of the division and of the staff of Arkansas Legislative Audit, and any other necessary expenses incurred as part of a best financial management practices review and as preapproved by the division.
    1. A school district shall complete a self-assessment instrument provided by the division that indicates the school district's evaluation of its performance on each best practice.
      1. The school district shall begin the self-assessment no later than sixty (60) days before the commencement of the review.
      2. The completed self-assessment instrument and supporting documentation shall be submitted to the division no later than the date of commencement of the review as notified by the division.
    2. The best practices review team will use this self-assessment information during its review of the school district.
  4. During the review, the division or the consultant conducting the review, if any, shall hold at least one (1) advertised public forum as part of the review in order to explain the best financial management practices review process and obtain input from students, parents or guardians, the business community, and other school district residents regarding their concerns about the operations and management of the school district.
    1. School district reviews conducted under this section shall be completed within six (6) months after commencement.
      1. The division shall issue a final report to the Legislative Council regarding the school district's use of the best financial management practices and cost savings recommendations within sixty (60) days after completing the reviews.
      2. Copies of the final report shall be provided to the Governor, the state board, the school district superintendent, and the school district's school district board members.
        1. The school district superintendent shall notify the press that the final report has been delivered.
        2. The notification shall state the division's website address at which an electronic copy of the report is available.
      1. If the school district is found not to conform to the best financial management practices, the report shall contain an action plan, taking public input into consideration, detailing how the school district could meet the best practices within two (2) years.
      2. The school district board of directors shall develop and approve the implementation schedule within sixty (60) days after receipt of the final report.
      3. If a school district fails to vote on the action plan within sixty (60) days, the school district superintendent and school district board members shall be required to appear and present testimony before the state board and the Legislative Council.
      1. Within sixty (60) days after the receipt of the final report, the school district board of directors shall notify the state board and the division in writing of the implementation schedule for the action plan.
      2. The division shall contact the school district, assess the situation, and offer technical assistance, if needed.
  5. After a school district board of directors votes to implement the action plan:
    1. No later than six (6) months after receipt of the final best financial practices report, the school district board of directors shall submit an initial status report to the Governor, the state board, Arkansas Legislative Audit, the division, and the Legislative Council on progress made toward implementing the action plan and whether changes have occurred in other areas of operation that would affect compliance with the best practices; and
      1. A second status report shall be submitted by the school district to the Governor, the state board, Arkansas Legislative Audit, the division, and the Legislative Council no later than six (6) months after submission of the initial report, and every six (6) months thereafter, until status reports are not required.
      2. Status reports are not required once the state board concludes that the school district is using the best financial management practices and the school district is designated a grade category “A” for its financial practices.
    1. School districts that are determined in their review to be using the best practices and are graded a category “A” pursuant to subsection (e) of this section shall receive a “Seal of Best Financial Management”.
      1. The state board designation shall be effective until a school district's financial accountability grade decreases.
      2. The state board shall revoke the designation of a school district board of directors at any time if it determines that a school district is no longer complying with the state's best financial management practices.
  6. School district boards of directors that receive a best financial management practices review shall maintain records that will enable independent verification of the implementation of the action plan and any related fiscal impacts.
    1. Unrestricted cost savings resulting from implementation of the best financial management practices shall be spent at the school and classroom levels for teacher salaries, teacher professional development, improved classroom and school facilities, student supplies, textbooks, classroom technology, and other direct student instruction activities.
    2. Cost savings identified for a program that has restrictive expenditure requirements shall be used for the enhancement of the specific program.
    3. If the school district is in fiscal distress, the cost savings may be used in accordance with the fiscal distress plan.

History. Acts 2003 (2nd Ex. Sess.), No. 35, § 9; 2019, No. 910, §§ 1254-1267.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(2)(A); and substituted “Division of Elementary and Secondary Education” for “department” in (a)(2)(B), throughout (b) through (j), in (k)(2)(A), and throughout (l) and (m).

6-15-2302. General business manager — Definition.

  1. As used in this section, “general business manager” means a chief financial officer or business manager, however the position is titled, who:
    1. Is responsible for the fiscal operations of the public school district; and
    2. Performs his or her duties under the direction of the superintendent of schools of the public school district.
    1. On and after July 31, 2007, a general business manager for a public school district shall meet the minimum qualifications established by rule of the Division of Elementary and Secondary Education.
    2. This subsection is intended to require minimum qualifications for a general business manager that support the implementation of best financial management practices for public school districts.
  2. A general business manager who was employed before July 31, 2007, shall be exempt from the provisions of subsection (b) of this section.

History. Acts 2007, No. 1591, § 1; 2019, No. 910, § 1268.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(1).

Subchapter 24 — Postsecondary Feedback

Effective Dates. Acts 2003 (2nd Ex. Sess.), No. 35, § 13: July 1, 2004. Effective date clause provided: “Unless otherwise provided herein, this subchapter shall become effective on July 1, 2004.”

Acts 2003 (2nd Ex. Sess.), No. 35, § 14: Jan. 14, 2004. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002) has declared the now current system of education to be unconstitutional because it is both inequitable and inadequate; that the Arkansas Supreme Court has set forth the test for a constitutional system to be one in which the state has an ‘absolute duty’ to provide and ‘equal opportunity to an adequate education’; that the Arkansas Supreme Court has instructed the General Assembly to define and provide what is necessary to provide an adequate and equitable education for the children of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-15-2401. Review of Arkansas Placement Status Reports — Reports of students needing remediation.

    1. Representatives from the Division of Higher Education and the Division of Elementary and Secondary Education shall meet with the respective chairs of the Senate Committee on Education and the House Committee on Education, or their designees, along with the selected superintendents, high school principals, and high school counselors, one (1) time every biennium to review the Arkansas Placement Status Reports to determine whether any revisions in the format of the reports, the information that is reported, or the reporting process need to be made.
    2. Agreed-upon changes would be reported to the Arkansas Higher Education Coordinating Board, the State Board of Education, the Senate Committee on Education, and the House Committee on Education.
  1. [Repealed.]

History. Acts 2003 (2nd Ex. Sess.), No. 35, § 10; 2007, No. 1573, § 20; 2019, No. 757, § 19; 2019, No. 910, § 1269.

Amendments. The 2019 amendment by No. 757 repealed (b).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” and “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1).

Subchapter 25 — Education Renewal Zones

Effective Dates. Acts 2003 (2nd Ex. Sess.), No. 106, § 2: emergency clause failed to pass. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002), declared the current system of education to be unconstitutional because it is both inequitable and inadequate; and the Arkansas Supreme Court set forth the test for a constitutional system to be one in which the state has an ‘absolute duty’ to provide an ‘equal opportunity to an adequate education’; the Arkansas Supreme Court instructed the General Assembly to undertake actions as necessary to provide an opportunity for an adequate and equitable education for the children of Arkansas; and the provisions of this bill are necessary steps toward accomplishing that goal. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-15-2501. Division of Education Renewal Zones — Creation.

  1. There is created the Division of Education Renewal Zones.
  2. The Division of Education Renewal Zones shall be under the supervision of the State Board of Education.
    1. The state board shall select an individual to serve as the Director of the Division of Education Renewal Zones.
    2. With guidance and approval from the state board, the Director of the Division of Education Renewal Zones shall be responsible for hiring all employees of the Division of Education Renewal Zones.
    3. The Director of the Division of Higher Education shall assign one (1) individual from the staff of the Division of Higher Education to serve as a liaison to the Division of Education Renewal Zones.
  3. The Division of Education Renewal Zones shall be responsible for developing guidelines for the approval of education renewal zone strategic plans and for the evaluation and reporting of education renewal zone activities.
  4. The Division of Education Renewal Zones shall approve any education renewal zone strategic plan before the disbursal or annual renewal of funds to participating institutions of higher education.

History. Acts 2003 (2nd Ex. Sess.), No. 106, § 1; 2019, No. 910, §§ 1270-1272.

Amendments. The 2019 amendment substituted “Division of Education Renewal Zones” for “division” in (b), (c)(3), (d), and (e); and substituted “Division of Higher Education” for “Department of Higher Education” twice in (c)(3).

6-15-2502. Establishment of education renewal zones — Purpose — Organization.

  1. A public school, an education service cooperative, or an institution of higher education is authorized to enter into one (1) or more interlocal agreements through which they collaborate to improve public school performance and academic achievement.
  2. Each interlocal agreement shall establish an education renewal zone.
  3. The purpose of an education renewal zone shall be to:
    1. Identify and implement education and management strategies designed specifically to improve public school performance and student academic achievement throughout the State of Arkansas, with special focus on the public schools in need of support;
    2. Provide for collaboration among the state's smaller schools and school districts in order to achieve some of the advantages of economies of scale in providing educational and related activities;
    3. Maximize benefits and outcomes of public schooling by concentrating and coordinating the resources of Arkansas’s higher education institutions, the expertise of the regional education service cooperatives, and the technical assistance of other service providers to improve public school performance and student academic achievement; and
    4. Enable small, rural, and low-wealth schools to make the best use of the latest cost-effective distance learning technology to enhance curricula and professional development through two-way interactive learning environments.
  4. Each education renewal zone shall consist of the following:
      1. A higher education partner.
      2. The Division of Education Renewal Zones shall develop, publish, and disseminate guidelines for establishing an education renewal zone, including a process for selecting a qualified higher education partner in the service cooperative areas in the state and in Pulaski County.
        1. A qualified higher education partner shall:
          1. Be a school with a department of education or a comprehensive four-year teacher preparation program; and
          2. Be capable of demonstrating a willingness and flexibility to restructure its programs and services to meet the needs of the participating grades kindergarten through twelve (K-12) schools and school districts.
        2. The Division of Education Renewal Zones shall give preference to qualified four-year higher education institutions located within the education service cooperative area.
      3. If there is no qualified four-year higher education institution located within the education service cooperative area, the Division of Education Renewal Zones may select:
        1. A two-year higher education institution that in collaboration with a qualified four-year education institution located in another education service cooperative area provides a comprehensive four-year teacher preparation program; or
        2. A qualified higher education institution located in another education service cooperative area.
      4. An institution of higher education may serve as the higher education partner for more than one (1) educational service cooperative area;
      1. An education service cooperative.
      2. The education service cooperative shall be a full partner in planning, implementing, and evaluating the education renewal zone in its respective service area and shall provide direct services as called for in the education renewal zone plan;
      1. Public schools.
        1. Public schools may participate in an education renewal zone upon successful application by the public school district of which the school is a part.
        2. A public school district classified by the State Board of Education as being in need of Level 5 – Intensive support shall participate in an education renewal zone if requested to do so by the Division of Elementary and Secondary Education, and the Division of Education Renewal Zones working with the Division of Elementary and Secondary Education shall establish priorities of establishing education renewal zones for those schools, which shall be contingent on the appropriation availability of funding for the renewal zones.
        3. Acceptance or rejection of the application by a school for admittance to an education renewal zone shall be the responsibility of the Division of Education Renewal Zones, with consultation from the higher education partner.
        4. The Division of Education Renewal Zones may include within an education renewal zone any school within the education service cooperative area provided that no more than ten (10) schools may participate in any single education renewal zone.
        5. The Division of Education Renewal Zones may designate up to a maximum of three (3) education renewal zones within any single education service cooperative area.
      2. In designating education renewal zones and selecting schools for participation in a particular zone, the Division of Education Renewal Zones shall give priority to schools that meet one (1) or more of the following criteria:
        1. The school is identified as a school at risk for meeting school performance indicators for all students or for any one (1) identified subpopulation under the Arkansas state plan under the Every Student Succeeds Act, Pub. L. No. 114-95;
        2. The school lies within a school district classified by the state board as in need of Level 5 — Intensive support under the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.;
        3. The school demonstrates an inability to provide the minimum number of course offerings as determined by the state through the conventional hiring of qualified teachers;
        4. The school is within a school district with an average daily membership of fewer than one thousand five hundred (1,500) students; or
        5. The school serves a student population that exceeds the statewide average rate of participation in free or reduced price lunch programs;
      1. A local advisory group.
      2. Each education renewal zone shall form a local advisory group composed of a representative of the following groups:
        1. The higher education partner;
        2. The education service cooperative which includes the area in which the education renewal zone is located;
        3. The public school or school district participating in the education renewal zone;
        4. Two (2) parents who have children attending a public school participating in the education renewal zone; and
        5. Each community in which there is a school participating in the education renewal zone.
      3. The Division of Education Renewal Zones may designate up to a maximum of three (3) education renewal zones within any single education service cooperative area.
      4. The membership and staff of local advisory groups shall be reflective of the diversity of the population being served by the education renewal zone; and
      1. A technical assistance provider.
      2. Any two-year community or technical college, technical support organization, or other entity may participate in the education renewal zone at the discretion of the Division of Education Renewal Zones and in collaboration with a designated higher education partner and a designated education service cooperative.

History. Acts 2003 (2nd Ex. Sess.), No. 106, § 1; 2017, No. 745, § 19; 2019, No. 757, §§ 20-23; 2019, No. 910, §§ 1273-1279.

A.C.R.C. Notes. The Arkansas Comprehensive Testing, Assessment, and Accountability program has been abolished and replaced by the provisions of the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.

Under the authority of § 25-43-109, subdivision (d)(3)(B)(ii) is set out above as amended by Acts 2019, No. 757, § 22, except that “Division of Elementary and Secondary Education” is substituted for “department” per Acts 2019, No. 910, and “classified by the State Board of Education” is substituted for “classified by the Department of Education” to be consistent with legislative intent, as reflected in subdivision (d)(3)(C)(ii) of this section as amended by Acts 2019, No. 757, § 23.

Subdivision (d)(3)(B)(ii) was amended by Acts 2019, No. 910, § 1275, to read as follows: “(ii) A public school designated by the Division of Elementary and Secondary Education as a school in school improvement or a school in a school district designated by the Division of Elementary and Secondary Education as being in academic distress shall participate in an education renewal zone if requested to do so by the Division of Elementary and Secondary Education, and the Division of Education Renewal Zones working with the Division of Elementary and Secondary Education shall establish priorities of establishing education renewal zones for those schools, which shall be contingent on the appropriation availability of funding for the renewal zones.”

Under the authority of § 25-43-109, subdivision (d)(3)(C)(ii) is set out above as amended by Acts 2019, No. 757, § 23. Subdivision (d)(3)(C)(ii) was amended by Acts 2019, No. 910, § 1277, to read as follows: “(ii) The school lies within a school district designated by the Division of Elementary and Secondary Education as in academic distress or financial distress under the Arkansas Comprehensive Testing, Assessment, and Accountability Program.”

Amendments. The 2017 amendment repealed former (d)(3)(C)(iii).

The 2019 amendment by No. 757, in (a), substituted “A” for “Effective July 1, 2004, any” and inserted “an” twice; substituted “the public schools in need of support” for “the state's most academically distressed public schools” in (c)(1); substituted “district classified by the Department of Education as being in need of Level 5 — Intensive support” for “designated by the Department of Education as a school in school improvement or a school in a school district designated by the department as being in academic distress” in (d)(3)(B)(ii); and rewrote (d)(3)(C)(i) and (d)(3)(C)(ii).

The 2019 amendment by No. 910 substituted “Division of Education Renewal Zones” for “division” in (d)(1)(C) and (D) and throughout (d)(3) through (d)(5); in (d)(3)(B)(ii), substituted “Division of Elementary and Secondary Education” for “Department of Education” following “A public school designated by the” and substituted “Division of Elementary and Secondary Education” for “department” three times; and substituted “Division of Elementary and Secondary Education” for “department” in (d)(3)(C)(ii).

U.S. Code. The Every Student Succeeds Act, Pub. L. No. 114-95, referred to in this section, is codified as 20 U.S.C. § 6301 et seq.

6-15-2503. Inclusion of schools within designated education renewal zone.

    1. The Division of Education Renewal Zones, the State Board of Education, and the local school districts shall exercise due diligence to assure, to the extent that funds are available, that each school identified as a school in need of support under the Every Student Succeeds Act, Pub. L. No. 114-95, is included in a designated education renewal zone.
    2. The state board may promulgate rules establishing criteria for the placement of schools in need of support in a designated education renewal zone if insufficient funds exist to place all schools in need of support in a designated education renewal zone.
  1. At its discretion, the division may include any school regardless of its eligibility under the criteria in § 6-15-2502(d)(3)(C)(i)-(v) if it determines, on the basis of location, characteristics of its faculty or leadership, needs of the students, or other factors, that the inclusion of such a school significantly strengthens the prospect of the education renewal zone in meeting its school improvement goals.
  2. At its discretion, the division may change participating schools within each education renewal zone.

History. Acts 2003 (2nd Ex. Sess.), No. 106, § 1; 2007, No. 1573, § 21; 2019, No. 757, § 24.

Amendments. The 2019 amendment, in (a)(1), substituted “identified” for “classified”, “need of support” for “school improvement”, and “Every Student Succeeds Act, Pub. L. No. 114-95” for “No Child Left Behind Act of 2001, 20 U.S.C. § 6301 et seq., as in existence on December 1, 2003”; and substituted “need of support” for “school improvement” twice in (a)(2).

U.S. Code. The Every Student Succeeds Act, Pub. L. No. 114-95, referred to in this section, is codified as 20 U.S.C. § 6301 et seq.

6-15-2504. School-level improvement plans — Development — Provisions — Implementation.

  1. Each school participating in an education renewal zone shall develop and implement a school-level improvement plan.
  2. Each school-level improvement plan shall at a minimum include the following:
    1. Goals for improving student achievement;
    2. Measurable benchmarks for achieving student improvement goals;
    3. A timeline for reaching goals in improving student achievement; and
    4. Requirements for services to be provided by the education renewal zone partners.
  3. The partners within a specific education renewal zone shall develop a strategic plan that is responsive to the needs of the individual school improvement plans.
  4. The education renewal zone strategic plan shall at a minimum provide for the following:
    1. Collaboration between and among the higher education institution partners, education service cooperatives, schools, and communities participating in the education renewal zone, including the academic departments within the higher education institution partners;
      1. A comprehensive program of professional development to assure the practical knowledge base of pre-service and in-service teachers with respect to pedagogical practice, content knowledge, and competent use of distance learning technology.
      2. Funds received by school districts for the Division of Elementary and Secondary Education Public School Fund Account for professional development may be used to provide funding for the professional development requirements of the education renewal zone school district partners;
    2. Enhancement and expansion of local school curricula offerings through the use of two-way interactive television to include advanced placement, dual-credit, and advanced high school courses;
    3. The sharing of faculty for core course offerings when schools are unable to hire highly qualified teachers in core subject areas required for college entrance or teachers necessary to meet state accreditation standards;
    4. A strategy to recruit and retain highly qualified teachers with particular focus on hard-to-staff schools;
    5. A system for mentoring teachers with three (3) or fewer years of professional service;
    6. Active participation of the community in the work of the school;
    7. Active involvement of parents in the academic work of the student; and
    8. A means of collecting the data necessary to evaluate the progress of each participating public school and the education renewal zone in its entirety.

History. Acts 2003 (2nd Ex. Sess.), No. 106, § 1; 2019, No. 757, § 25; 2019, No. 910, § 1280.

Amendments. The 2019 amendment by No. 757 substituted “school-level” for “school” in (a) and the introductory language of (b).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (d)(2)(B).

6-15-2505. Annual report.

  1. Each education renewal zone, using guidelines and indicators set by the Division of Education Renewal Zones, shall prepare an annual report to the division describing the progress toward accomplishing the goals of the education renewal zone.
  2. The division shall prepare an annual report to the Governor, the General Assembly, and the State Board of Education describing the progress toward accomplishing the goals of the individual education renewal zones and the overall education renewal zone program.
  3. The division shall establish a website, accessible by the public, to provide for broad dissemination of both the education renewal zone plans and strategies and the results of the annual reports on progress toward accomplishing the goals of the individual education renewal zones and the overall education renewal zone program.

History. Acts 2003 (2nd Ex. Sess.), No. 106, § 1.

6-15-2506. Subchapter contingent on funding for education renewal zone program.

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

History. Acts 2003 (2nd Ex. Sess.), No. 106, § 1.

Subchapter 26 — The Rewarding Excellence in Achievement Program of 2007

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-15-2601. Title.

This subchapter shall be known and may be cited as the “Rewarding Excellence in Achievement Program Act of 2007”.

History. Acts 2007, No. 1029, § 1.

6-15-2602. Legislative intent.

It is the intent of the General Assembly to provide a pilot program affording public school districts and public charter schools the opportunity to develop teacher compensation plans tailored to the public school district's or public charter school's needs to accomplish the following:

  1. Provide incentives that will encourage teachers to improve their knowledge and instructional skills in order to improve student learning;
  2. Recruit and retain highly qualified teachers;
  3. Encourage highly qualified teachers to undertake challenging assignments;
  4. Support teachers' roles in improving students' educational achievements; and
  5. Inform policymakers regarding the potential of a restructured teacher professional pay system to improve student achievement across the state.

History. Acts 2007, No. 1029, § 1.

6-15-2603. Definitions.

As used in this subchapter:

    1. “Knowledge and skill base portion of compensation” means that portion of a teacher's compensation under a Rewarding Excellence in Achievement plan that considers, but is not limited to, input factors such as years of experience and degree levels, as set forth in a Rewarding Excellence in Achievement plan.
    2. This portion shall represent forty percent (40%) to sixty percent (60%) of the teacher's total compensation;
  1. “Local board” means a board of directors exercising the control and management of a public school district;
    1. “Performance portion of compensation” means that portion of a teacher's compensation under a Rewarding Excellence in Achievement plan that considers, without limitation, output factors such as teacher evaluations and student performance in the teacher's class or in the teacher's school, as set forth in a Rewarding Excellence in Achievement plan.
    2. This portion shall represent forty percent (40%) to sixty percent (60%) of the teacher total compensation; and
  2. “Rewarding Excellence in Achievement plan” means an alternative plan for teacher compensation developed by a public school, public school district, or public charter school and selected by the State Board of Education to participate in the Rewarding Excellence in Achievement Program pursuant to this subchapter.

History. Acts 2007, No. 1029, § 1.

6-15-2604. Rules.

The State Board of Education is authorized and directed to establish rules for the Rewarding Excellence in Achievement Program consistent with this subchapter.

History. Acts 2007, No. 1029, § 1.

6-15-2605. Application forms and procedures for Rewarding Excellence in Achievement Program.

      1. A public school district or public charter school desiring to participate in the Rewarding Excellence in Achievement Program shall submit an application to the State Board of Education.
      2. A public school district may apply on behalf of a single school within the public school district that desires to participate in alternative pay.
      1. The public school district or public charter school shall be selected through a competitive process.
      2. In selecting participants, the state board shall consider qualified applicants from various locations and of various sizes and demographics.
    1. The state board may approve up to twelve (12) applications.
  1. The state board shall adopt:
    1. An application form, a schedule, and a procedure that must be used to apply for the Rewarding Excellence in Achievement Program; and
    2. Criteria to use in selecting public school districts and public charter schools to participate in the Rewarding Excellence in Achievement Program.
  2. The application form must provide space for including all information required under this subchapter to be contained in a Rewarding Excellence in Achievement plan.
  3. The application procedure shall provide for a phase-in process, beginning with a planning phase for a twelve-month minimum period, to allow applicants access to resources that would allow sufficient research of best practices and to garner community and staff support in submitting a Rewarding Excellence in Achievement plan.
    1. In order to participate in the Rewarding Excellence in Achievement Program, a public school district or public charter school shall have a district support plan that outlines the role of the district in supporting the Rewarding Excellence in Achievement Program.
    2. Before full implementation of a Rewarding Excellence in Achievement plan, the school-level improvement plan of the public school or public charter school shall include:
      1. Assessment and evaluation tools to measure student performance and progress based on an achievement gains model;
      2. Performance goals and benchmarks for improvement;
      3. Measures of student attendance and completion rates;
      4. A rigorous professional development system;
      5. Measures of student, family, and community involvement and satisfaction;
      6. A data reporting system about students and their academic progress that provides parents and the public with understandable information;
      7. A teacher induction and mentoring program for probationary teachers that provides continuous learning and sustained teacher support; and
      8. Substantial participation by teachers in developing the Rewarding Excellence in Achievement plan.
    1. As part of the application process, participant schools shall conduct a vote of the teachers with the threshold for acceptance being seventy percent (70%) or another percent established by a majority vote of the teachers and approved by the local board.
      1. A teacher in the participant school or school district may elect not to participate in the Rewarding Excellence in Achievement plan.
      2. If fifty-one percent (51%) or more of a participant school's teachers elect not to participate, the Rewarding Excellence in Achievement plan shall not be implemented.
    1. All recipients of funds provided by the Rewarding Excellence in Achievement Program shall cooperate and share all school demographic and student achievement data with any state-sponsored evaluation of the Rewarding Excellence in Achievement Program.
        1. A public school district or public charter school applicant shall form a committee to consist of public school administrators and teachers, the majority of whom shall be public school teachers.
        2. The classroom teacher members of the committee shall be elected by a majority of the classroom teachers voting by secret ballot.
        3. The election shall be solely and exclusively conducted by the classroom teachers, including the distribution of ballots to all classroom teachers.
      1. The committee shall be responsible for:
        1. Creating the school's Rewarding Excellence in Achievement plan; and
          1. Evaluating the school's Rewarding Excellence in Achievement plan.
          2. The committee shall report to its local board on the evaluation of the school's Rewarding Excellence in Achievement plan.

History. Acts 2007, No. 1029, § 1; 2009, No. 376, §§ 18, 19; 2019, No. 757, § 26.

Amendments. The 2009 amendment substituted “State Board of Education” for “Department of Education” in (a)(2)(B); and substituted “participant” for “participating” in (f)(2)(A).

The 2019 amendment substituted “shall have a district support plan that outlines the role of the district in supporting the Rewarding Excellence in Achievement Program” for “must have an approved comprehensive school improvement plan, as defined in § 6-15-419(9) [repealed]” in (e)(1); in the introductory language of (e)(2), substituted “school-level improvement plan” for “comprehensive school improvement plan” and deleted “public school district” following “public school”; and deleted “consistent with the comprehensive school improvement plan defined in § 6-15-419(9) [repealed] and student academic improvement plans as defined in § 6-15-419(3) [repealed]” at the end of (e)(2)(D).

6-15-2606. Contents of Rewarding Excellence in Achievement plans.

  1. A Rewarding Excellence in Achievement plan approved for participation in the Rewarding Excellence in Achievement Program shall describe how:
    1. Teachers can achieve career advancement and additional compensation;
    2. The public school district or public charter school will provide teachers with career advancement options that allow teachers to retain primary roles in student instruction and facilitate site-focused professional development that helps other teachers improve their skills;
    3. The public school district or public charter school will prevent any teacher's compensation paid before implementing the pay system from being reduced as a result of initial implementation of the Rewarding Excellence in Achievement plan;
    4. The forty percent (40%) to sixty percent (60%) performance portion of compensation will be determined;
    5. The forty percent (40%) to sixty percent (60%) knowledge and skill base portion of compensation will be determined;
    6. The plan will reform the steps and lanes salary schedule;
    7. The public school district or public charter school will encourage a collaborative relationship among teachers; and
    8. After full plan implementation, the alternative compensation system will be:
      1. Sustained; or
      2. Phased out if the Rewarding Excellence in Achievement plan evaluation reveals that the Rewarding Excellence in Achievement plan does not work for the school.
  2. Rewarding Excellence in Achievement plans approved for participation in the Rewarding Excellence in Achievement Program may include provisions regarding the compensation for administrators and other staff members.
  3. Compensation increases for the performance portion of compensation, forty percent (40%) to sixty percent (60%) of the teacher's total compensation, under the Rewarding Excellence in Achievement plan shall include:
      1. Achievement gains of students in each teacher's class on student scores under the statewide student assessment system described in § 6-15-2907.
      2. Locally selected and Division of Elementary and Secondary Education-approved standardized assessment outcomes for students in each teacher's class may also be included;
      1. Achievement gains of students on a school-wide basis under the statewide student assessment system described in § 6-15-2907.
      2. Locally selected and division-approved standardized assessment outcomes may also be included; and
    1. The remaining percentage of the performance portion of compensation of the teacher's total compensation shall be based on an objective teacher evaluation program that includes:
      1. An individual objective teacher evaluation conducted by the school principal that is aligned with the professional development plan described in § 6-15-2607; and
      2. Peer objective evaluations using multiple criteria conducted by locally selected and periodically trained evaluators that understand teaching and learning and that include provisions for integrated ongoing site-based professional development activities to improve instructional skills and learning that are aligned with student needs under § 6-15-2009 [repealed].

History. Acts 2007, No. 1029, § 1; 2009, No. 376, § 20; Acts 2019, No. 757, §§ 27-29; 2019, No. 910, §§ 1281, 1282.

Amendments. The 2009 amendment added “describe how” to the end of the introductory language of (a); deleted “Describe how” from the beginning of (a)(1) through (8); and substituted “facilitate” for “facilitates” in (a)(2).

The 2019 amendment by No. 757, in (c)(1)(A) and (c)(2)(A), inserted “student” preceding “assessment” and substituted “system” for “program” and “§ 6-15-2907” for “§ 6-15-433”; and deleted “comprehensive school improvement plan and” preceding “professional” in (c)(3)(A).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education-approved” for “Department of Education-approved” in (c)(1)(B) and (c)(2)(B).

6-15-2607. Staff development.

  1. Staff development activities for a public school district or public charter school participating in the Rewarding Excellence in Achievement Program shall:
    1. Focus on the school classroom and research-based strategies that improve student learning;
    2. Provide opportunities for teachers to practice and improve their instructional skills over time;
    3. Provide opportunities for teachers to use student data as part of their daily work to increase student achievement;
    4. Enhance teacher content knowledge and instructional skills;
    5. Align with state academic standards;
    6. Provide opportunities to build professional relationships, foster collaboration among principals and staff who provide instruction, and provide opportunities for teacher-to-teacher mentoring; and
    7. Align with the Rewarding Excellence in Achievement plan of the public school district or public charter school.
  2. Staff development activities for school districts and public charter schools participating in the Rewarding Excellence in Achievement Program may include:
    1. Curriculum development and curriculum training programs; and
    2. Activities that provide teachers and other staff members training to enhance teacher, team, and school performance.
  3. The public school district or public charter school may implement other staff development activities associated with professional teacher compensation models.

History. Acts 2007, No. 1029, § 1.

6-15-2608. Evaluation of participants.

  1. The Division of Elementary and Secondary Education shall commission an annual evaluation of the Rewarding Excellence in Achievement plan of each public school district and public charter school participating in the Rewarding Excellence in Achievement Program.
  2. An annual evaluation shall include without limitation consideration of:
    1. Student scores under the statewide assessment program described in § 6-15-433 [repealed];
    2. Student attendance;
    3. Student grades;
    4. Incidents involving student discipline;
    5. Socioeconomic data on students' families;
    6. Parental satisfaction with the schools;
    7. Student satisfaction with the schools; and
    8. Correlations between student assessment gains and teacher degree levels, years of experience, staff development, and a school's status for having a qualified teacher in every public school classroom under § 6-15-1004.

History. Acts 2007, No. 1029, § 1; 2019, No. 910, § 1283.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a).

6-15-2609. Reporting and continued funding.

    1. In addition to the program evaluation required by § 6-15-2608, each participating school district or public charter school shall report on the implementation and effectiveness of its Rewarding Excellence in Achievement plan and make recommendations by August 15 each year to its local board.
    2. The local board shall transmit a copy of the report with a summary of the findings and recommendations of the public school district or public charter school to the Commissioner of Education.
    1. If the commissioner determines that a public school district or public charter school that receives funding under the Rewarding Excellence in Achievement Program is not complying with the requirements of the Rewarding Excellence in Achievement Program, the commissioner shall withhold further funding from that participant.
    2. Such withheld funds may be reallocated to other existing or new participants.
    3. Before making the determination to withhold funds, the commissioner shall notify the participant of any deficiencies and provide the participant an opportunity to comply with the requirements of the Rewarding Excellence in Achievement Program.
  1. At the end of the Rewarding Excellence in Achievement plan period, the commissioner shall present evaluation findings and recommendations to the State Board of Education, the House Committee on Education, and the Senate Committee on Education

History. Acts 2007, No. 1029, § 1.

6-15-2610. Construction with other state law.

To the extent that the provisions of this subchapter or the terms of an approved Rewarding Excellence in Achievement plan directly conflict with any provision of § 6-17-201 et seq., The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq., or the provisions of any other state law relating to the compensation of public school teachers, the provisions of this subchapter and the approved Rewarding Excellence in Achievement plan shall control.

History. Acts 2007, No. 1029, § 1.

Subchapter 27 — Closing the Achievement Gap Program

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-15-2701. Closing achievement gap program — Definition.

  1. As used in this section, “school in need of support” means a public school identified as in need of comprehensive support and improvement, additional targeted support, or targeted support and improvement under the Elementary and Secondary Education Act, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95.
    1. A school district that has a school in need of support shall use its Enhanced Student Achievement Funding under § 6-20-2305(b)(4) to evaluate the impact of educational strategies used by the school in need of support to address the achievement gaps among students in the school in need of support.
    2. The evaluation shall:
      1. Identify the categories of programs and intervention strategies used with Enhanced Student Achievement Funding; and
      2. Report the progress made towards meeting the established goals for the school in need of support for the end of the immediately preceding school year and for the end of the current school year of students involved in the programs and intervention strategies identified under this subdivision (b)(2).
  2. The Division of Elementary and Secondary Education shall:
    1. Promulgate rules necessary to implement this section, including without limitation establishing the categories by which a school in need of support shall identify programs and intervention strategies under subsection (b) of this section; and
    2. In a comprehensive school-level improvement plan, direct the use of Enhanced Student Achievement Funding for strategies to close gaps in academic achievement, including without limitation:
      1. Using disaggregated school data to set academic improvement targets in reading, writing, mathematics, and science;
      2. Using improvement targets to define professional development needs related to content, instruction, differentiation, and best practices in educating special education students, gifted and talented students, English language learners, and other student subgroups as needed;
      3. Developing interim building-level assessments to monitor student progress toward proficiency on the state benchmark assessments;
      4. Developing a plan to immediately address gaps in learning;
      5. Examining and realigning, as needed, school scheduling, academic support systems, and assignments of personnel; and
      6. Designing a plan for increasing parental knowledge and skill to support academic objectives.
  3. The division shall identify the schools with the largest achievement gaps among students and give to those schools in need of support the division's highest priority for:
    1. Monitoring school-level improvement plans as required under § 6-15-2914; and
    2. Providing support under this subchapter.

History. Acts 2009, No. 949, § 1; 2019, No. 631, § 2; 2019, No. 757, §§ 30, 31; 2019, No. 910, §§ 1284, 1285; 2019, No. 1083, § 1.

A.C.R.C. Notes. The introductory language of subdivision (c)(2) of this section is set out as directed by the Arkansas Code Revision Commission. The introductory language of subdivision (c)(2) was amended by Acts 2019, No. 631, § 2; Acts 2019, No. 757, § 30; and Acts 2019, No. 1083, § 1. Acts 2019, No. 631 amended the initial clause of the provision to read: “In a school district's support plan”, while Acts 2019, No. 757 amended the initial clause of the provision to read: “In a chronically underperforming school's comprehensive school-level improvement plan”. The amendment by Acts 2019, No. 1083 substituted “Enhanced Student Achievement Funding” for “national school lunch state categorical funding”.

Amendments. The 2019 amendment by No. 631 rewrote (a); substituted “school in need of support” for “chronically underperforming school” throughout the section; substituted “progress made towards meeting the established goals for the school in need of support” for “benchmark assessment scores” in (b)(2)(B); substituted “school district's support plan” for “chronically underperforming school's comprehensive school improvement plan” in the introductory language of (c)(2); deleted former (c)(2)(A) and redesignated the remaining subdivisions accordingly; deleted (c)(3); substituted “identify the schools” for “identify the chronically underperforming schools” in the introductory language of (d); and, in (d)(1), substituted “school-level” for “school” and added “as required under § 6-15-2914”.

The 2019 amendment by No. 757 substituted “school-level” for “school” preceding “improvement” in the introductory language of (c)(2) and in (d)(1).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (c); and substituted “division” or “division’s” for “department” or “department’s” in the introductory language of (d).

The 2019 amendment by No. 1083 substituted “Enhanced Student Achievement Funding” for “national school lunch state categorical funding” throughout the section.

U.S. Code. The Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95, is codified as 20 U.S.C. § 6301 et seq.

Subchapter 28 — District of Innovation Program

Effective Dates. Acts 2013, No. 601, § 2: Apr. 4, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that all children in our state are entitled to an equal opportunity for an adequate education; that provisions of this act will help ensure that Arkansas students receive additional opportunities for educational success through a district of innovation program; and that this act is immediately necessary to ensure that the district of innovation program is established for the 2013-2014 school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-15-2801. Definitions.

As used in this subchapter:

  1. “District of innovation” means a public school district with one (1) or more schools of innovation that has:
    1. Submitted a school of innovation application in compliance with § 6-15-2803;
    2. Obtained necessary exceptions from laws, rules, and local policies to improve the educational performance of students from the Commissioner of Elementary and Secondary Education; and
    3. Been approved as a district of innovation by the commissioner;
  2. “Eligible employees” means the employees who are employed at a school that is considering being designated as a school of innovation;
  3. “Innovation” means a new or creative alternative to the existing instructional and administrative practices that is intended to improve academic performance and learning for all students;
      1. “School council of innovation” means a body of individuals from a current or aspiring school of innovation composed of teachers, classified employees, the building-level principal or his or her administrative designee, parents, community members, a minimum of two (2) students from the school of innovation, and other interested parties selected by the school council of innovation to participate.
      2. The teacher representatives shall be elected by a majority vote of the school's licensed eligible employees.
      3. The classified representatives shall be elected by a majority vote of the school's classified eligible employees.
        1. The parent representatives shall be selected by a majority vote of the attendees at a meeting called for the purpose of selecting the school's parent representatives and shall have a child in the school to be eligible to serve on the school council of innovation.
        2. Schools with a ten percent (10%) or greater minority student population shall have minority representation on the school council of innovation.
    1. The school council of innovation shall:
      1. Generate innovative ideas and proposals of its own;
      2. Determine a method for requesting innovative ideas and proposals from school employees, community members, and other stakeholders to be submitted to the school council of innovation;
      3. Receive innovative ideas and proposals from school employees, community members, and other stakeholders;
      4. Consider all innovative ideas and proposals submitted by community members and other stakeholders; and
      5. Determine the content and format of the plan that will be voted on by the eligible employees.
    2. The school council of innovation may create subcommittees, which may include noncouncil members, to work on developing portions of the plan; and
    1. “School of innovation” means a school that participates in a district of innovation to transform and improve teaching and learning.
    2. A school of innovation's plan is subject to the exceptions approved by the commissioner for the school of innovation.

History. Acts 2013, No. 601, § 1; 2019, No. 815, § 2.

Amendments. The 2019 amendment, in (1)(A), substituted “Submitted” for “Developed” and “application” for “plan”.

6-15-2802. School of innovation designation — Rules.

    1. The Commissioner of Elementary and Secondary Education may approve a public school's application to become a school of innovation for the purpose of transforming and improving the teaching and learning under § 6-15-2803.
    2. The Division of Elementary and Secondary Education may designate a public school as a school of innovation under subdivision (a)(1) of this section if the public school has met the objectives outlined in the public school's application to become a school of innovation within the time period established in the public school's application.
    1. A school of innovation shall be approved for a period of four (4) years and may be renewed for four-year periods thereafter.
    2. The commissioner may revoke a public school's school of innovation designation if the public school fails to substantially fulfill the school of innovation plan as established in the public school's school of innovation application, meet goals and performance targets, or comply with applicable laws or rules.
  1. The State Board of Education shall adopt rules to administer this subchapter, including without limitation rules that address the:
    1. Rules subject to exemption or modification for a school of innovation application if approved by the commissioner;
    2. Application, school of innovation plan review, approval, and amendment process for a public school district to establish a school of innovation;
    3. Timeline for initial approval of a school of innovation and subsequent renewal, including any ongoing evaluations of a school of innovation;
    4. Documentation required to show meaningful parental, educator, and community engagement and capacity for the changes identified in the school of innovation plan;
    5. Approval by the eligible employees of a school of innovation;
    6. Evidence of teacher collaboration and shared leadership responsibility within each school seeking to become a school of innovation;
    7. Documentation of the understanding and implementation of research-based practices of professional learning communities;
    8. Process for revocation of a designation as a district of innovation or school of innovation;
    9. Reporting and oversight responsibility of the school of innovation and the division;
    10. Budget and financial details of the school of innovation; and
    11. Other information necessary as determined by the state board.

History. Acts 2013, No. 601, § 1; 2017, No. 871, § 1; 2019, No. 815, §§ 3-5; 2019, No. 910, §§ 1286, 1287.

Amendments. The 2017 amendment inserted (c)(7) and redesignated the remaining subdivisions accordingly.

The 2019 by No. 815 amendment redesignated (a) as (a)(1); substituted “school’s application to become a” for “school as a” in (a)(1); added (a)(2); in (b)(2), substituted “a public school's school of innovation designation if the public school fails to substantially fulfill the school of” for “the school of innovation designation if a school fails to substantially fulfill the school’s” and inserted “as established in the public school's school of innovation application”; and substituted “application” for “plan” in (c)(1).

The 2019 amendment by No. 910 substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a) [now (a)(1)]; and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c)(9).

6-15-2803. School of innovation application.

  1. A school district shall submit its school of innovation application, approved by the school district board of directors, to the Commissioner of Elementary and Secondary Education for approval to become a school of innovation.
  2. A school of innovation application shall address without limitation:
    1. The goals and performance targets for the school of innovation, which may include without limitation:
      1. Reducing the achievement gap among one (1) or more groups of students by accelerating learning experiences for academically low-achieving students while increasing all student learning through the implementation of highly rigorous standards for student performance;
      2. Increasing student participation in curriculum options;
      3. Exploring new avenues for expanding students' college and career readiness;
      4. Motivating students by exploring innovative teaching and learning choices; and
      5. Transforming a school's culture and climate in a manner that will lead to transformative teaching and learning;
    2. Changes needed in the school that will lead to students who are better prepared for success in life and career; and
    3. Innovative practices to be used in the school of innovation.
  3. Schools of innovation shall document:
    1. Parental, school employee, and community engagement;
    2. The capacity for the proposed school of innovation;
    3. The rationale for law, rule, and local policy exception requests;
    4. Progress toward goals and performance targets; and
    5. Other information requested by the commissioner.

History. Acts 2013, No. 601, § 1; 2019, No. 815, § 6; 2019, No. 910, § 1288.

Amendments. The 2019 amendment by No. 815 substituted “application” for “plan” in the section heading, in (a), and in the introductory language of (b); added “without limitation” at the end of (b)(1); substituted “students who are better prepared” for “better prepared students” in (b)(2); deleted “the” at the end of the introductory language of (c); and added “The” in (c)(2) and (c)(3).

The 2019 amendment by No. 910 substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a).

6-15-2804. School of innovation.

  1. A school that is designated a school of innovation shall:
    1. Ensure that the same health, safety, civil rights, and disability rights requirements are in place as those that apply to all other public schools;
    2. Ensure that the high school curriculum offered meets or exceeds the minimum high school graduation requirements adopted by the State Board of Education;
    3. Adhere to financial audits, audit procedures, and audit requirements adopted by the state board for public school districts;
    4. Require criminal background checks for school employees and volunteers as required by law for public school districts;
    5. Comply with open records and open meeting requirements;
    6. Comply with purchasing limitations and requirements;
      1. Provide instructional time that meets or exceeds the instructional time requirement adopted by the state board unless granted an exception by the Commissioner of Elementary and Secondary Education.
      2. Instructional time may include on-site instruction, distance or virtual learning, and work-based learning on nontraditional school days or hours;
    7. Provide data requested by the Division of Elementary and Secondary Education to generate reports;
    8. Adhere to The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.;
    9. Comply with state law and rules regarding the education of gifted and talented students; and
    10. Demonstrate research-based implementation of professional learning communities throughout the school that address the needs of the students and professionals.
    1. Before a public school district submits a school of innovation plan to the commissioner, the eligible employees of each proposed school of innovation shall vote on whether the school shall be designated a school of innovation.
    2. A minimum of sixty percent (60%) of the eligible employees voting in support of the school's designation as a school of innovation is required before the school's innovation plan may be submitted to the school district board of directors for approval.
    3. The school council of innovation shall be responsible for conducting the vote required under subdivision (b)(1) of this section.
  2. A school of innovation plan may request exemptions from local policies and specific laws and rules approved for exemption or modification by the state board except The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.
  3. A public school district with a negotiated employment contract in place shall follow the procedure set forth within the contract that allows the implementation of a school of innovation.

History. Acts 2013, No. 601, § 1; 2015, No. 1136, § 1; 2017, No. 871, § 2; 2019, No. 910, §§ 1289, 1290.

Amendments. The 2015 amendment added (a)(10).

The 2017 amendment added (a)(11).

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a)(7)(A); and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(8).

Subchapter 29 — Arkansas Educational Support and Accountability Act

A.C.R.C. Notes. Acts 2017, No. 930, § 3, provided:

“(a) To ensure an orderly transition from the Arkansas Comprehensive Testing, Assessment, and Accountability Program Act, § 6-15-401 et seq., to the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq., the Department of Education shall continue to provide supports and interventions to the state's existing priority schools, focus schools, and public schools and public school districts in academic distress or under state authority to meet current state and federal requirements.

“(b) As part of the transition process:

“(1) Public school districts classified as being in academic distress and under state authority as of the effective date of this act [August 1, 2017] shall:

“(A) Be classified by the State Board of Education as in need of Level 5 — Intensive support;

“(B) Receive Level 5 — Intensive support; and

“(C) Continue to be under state authority subject to the provisions of this act;

“(2) Public schools that meet the requisite exit criteria for academic distress, priority, or focus status shall be removed from that classification; and

“(3)(A) The department, in collaboration with the public school district, shall develop a transitional support plan for public school districts that have public schools classified in academic distress, priority, or focus status.

“(B) Transitional support plans shall:

“(i) Be approved by the state board;

“(ii) Be based on data from:

“(a) Reports required under the state or federal accountability systems in effect prior to this act;

“(b) Public school and public school district comprehensive improvement plans;

“(c) Interim and summative student assessment results from the 2015-2016 and 2016-2017 school years; and

“(d) Other local data indicating student progress; and

“(iii) Describe the support:

“(a) The department will provide to the public school district; and

“(b) The public school district will provide to its public schools.

“(C) The department shall continue to assist public school districts pursuant to the approved transitional support plans until the department determines no later than July 1, 2019, the level of support the public school district will receive under the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.”

Acts 2019, No. 1082, § 1, provided: “Legislative intent. The General Assembly finds that:

“(1) Full implementation of Arkansas’ goal of a student-focused education system for all students will require most schools to rethink, if not restructure, their entire educational program and reallocate all current and any new resources to a restructured and more effective educational delivery;

“(2) Since 2005, two billion six hundred eighty-six million eight hundred five thousand eight hundred fifty dollars ($2,686,805,850) in national school lunch funds have been sent to public schools in Arkansas;

“(3) National school lunch state categorical programs are designed to provide extra help and strategies for struggling students and must be focused to target the needs of struggling students;

“(4) Current flexibility in national school lunch state categorical funding allowable expenditures has not shown that the funds have had a positive impact on student outcomes or successfully closed achievement gaps;

“(5) Public school districts spend the highest amount of national lunch state categorical funds on curriculum specialists and instructional facilitators and other activities that are not specified by law or Department of Education rule that have been approved by the Department of Education, and transfer national school lunch state categorical funds to other categorical programs;

“(6) Thirty-four percent (34%) of Arkansas public students in grades three through ten (3-10) are scoring at the lowest level of performance on the ACT Aspire reading test;

“(7) Six (6) Core Strategies were included in the Odden and Picus Original 2003 Adequacy Report, the 2006 Recalibration report, and the 2014 Desk Audit, and all educational initiatives included in these reports and the funding used for the educational initiatives are backed by evidence-based research;

“(8) Arkansas's students must be prepared for college, careers, and citizenship in the current global economy, and work in the knowledge-based economy requires the same skills and expertise to go to college or to enter the work force after high school;

“(9) Public schools must deploy more powerful instructional strategies and use resources more productively, and need to change the curriculum that is used, the means of organizing instruction, and how resources are used;

“(10) Teacher development opportunities must be redesigned to provide personalized opportunities so that all teachers acquire the instructional expertise to educate all students by using the extensive professional development resources that are included in the funding model in the most effective ways;

“(11) Schools must reinforce achievement for struggling students by providing a series of extended learning opportunities, such as some combination of one-on-one and small group tutoring by a licensed teacher, extended-day learning, and summer school programs, and must hold performance standards high and vary instructional time so all students can achieve rigorous standards in order to work towards closing the achievement gap; and

“(12) The House Committee on Education and the Senate Committee on Education, meeting jointly, find it necessary to revise current national school lunch state categorical funding allowable expenditures in order to maximize the most effective use of funds and focus allowable expenditures on targeted programs that maximize student achievement.”

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-15-2901. Title.

This subchapter shall be known and may be cited as the “Arkansas Educational Support and Accountability Act”.

History. Acts 2017, No. 930, § 2.

6-15-2902. Legislative findings.

The General Assembly finds that:

  1. Arkansas Constitution, Article 14, § 1, requires the State of Arkansas to provide a general, suitable, and efficient system of free public schools to the children of the state;
  2. Under the decision of the Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002), it is the absolute duty of the State of Arkansas to provide all public school children with a substantially equal opportunity for an adequate education;
  3. It is the state's responsibility to provide the statutory framework necessary to ensure that all students in the public schools of this state have a substantially equal opportunity to achieve and demonstrate academic readiness, individual academic growth, and competencies through the application of knowledge and skills in core subjects, consistent with state academic standards through a student-focused learning system;
    1. In Lake View School District No. 25 v. Huckabee, the Supreme Court explicitly addressed the relationship between local control versus the state's responsibility when, in quoting DuPree v. Alma School District No. 30, 279 Ark. 340 (1983), it opined, “[i]f local government fails, the state government must compel it to act, and if the local government cannot carry the burden, the state must itself meet its continuing obligation”.
    2. An accountability system that provides increasing levels of state assistance would help the local government or the local public school district board of directors to meet this burden, while allowing state intervention to occur if the local government chronically fails to meet the burden in spite of the state assistance;
  4. Arkansas public schools and school districts would benefit from an accountability system that:
    1. Uses multiple measures of student academic achievement and growth; and
    2. Allows flexibility for public schools and school districts to utilize local decision-making while maintaining quality in education;
  5. A comprehensive accountability system would empower the state and public school districts to assess the effectiveness of student-focused education using multiple factors, measures, and indicators of student achievement and school quality, rather than relying solely on an annual statewide assessment; and
    1. The State of Arkansas cannot be the sole guarantor of each individual student's success.
    2. Parents, students, families, educational institutions, and communities, as collaborative partners in education, play an important role in the success of individual students.

History. Acts 2017, No. 930, § 2.

6-15-2903. Definitions.

As used in this subchapter:

  1. “Academic growth” means the calculation of a student's academic progress from one school year to the next, as measured by assessments and other criteria required by rule of the State Board of Education;
  2. “College and career readiness assessment” means a set of criterion-referenced measurements of a student's acquisition of the knowledge and skills that the student needs to:
    1. Be successful in future endeavors, including credit-bearing, first-year courses at an institution of higher education such as a two-year or four-year college, trade school, or technical school; or
    2. Embark on a career;
  3. “Consolidated state plan” means the Arkansas consolidated state application accountability plan required under the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act of 2015, Pub. L. No. 114-95;
    1. “Educator” means a person holding a valid Arkansas standard teaching license, an ancillary license, a provisional license, a technical permit, or an administrator's license issued by the state board.
    2. “Educator” includes a licensed or nonlicensed classroom teacher or administrator employed in a position under a waiver from licensure;
  4. “English language arts” means the academic standards for English, reading, and writing;
  5. “English learner” means an individual whose native language is a language other than English or who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency;
  6. “Personally identifiable information” means the same as in 34 C.F.R. § 99.3, as it existed on January 1, 2017;
  7. “Public school” means:
    1. A school operated by a public school district; or
    2. An open-enrollment public charter school, as defined in § 6-23-103;
  8. “Public school district” means:
    1. A geographic area that:
      1. Is governed by an elected board of directors that conducts the daily affairs of public schools pursuant to the supervisory authority vested by this title; and
      2. Qualifies as a taxing unit for purposes of ad valorem property taxes under § 26-1-101 et seq. and Arkansas Constitution, Article 14, § 3; or
    2. An open-enrollment public charter school, as defined in § 6-23-103;
  9. “School-level improvement plan” means a plan that at a minimum:
    1. Establishes goals or anticipated outcomes;
    2. Identifies student supports or interventions to be implemented; and
    3. Describes the professional learning necessary for adults to deliver the supports or interventions;
  10. “School district systems” means the operations and procedures that occur within a public school district, including without limitation:
    1. Academics;
    2. Facilities;
    3. Fiscal operations;
    4. Human capital management; and
    5. Student support services; and
  11. “Student success plan” means a personalized education plan intended to assist students with achieving readiness for college, career, and community engagement.

History. Acts 2017, No. 930, § 2.

U.S. Code. The Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95, is codified as 20 U.S.C. § 6301 et seq.

6-15-2904. Responsibility of Division of Elementary and Secondary Education.

The Division of Elementary and Secondary Education shall develop and implement a comprehensive accountability system for Arkansas public schools and school districts that:

  1. Establishes clear academic standards that are periodically reviewed and revised;
  2. Maintains a statewide student assessment system that includes a variety of assessment measures;
  3. Assesses whether all students have equitable access to excellent educators;
  4. Establishes levels of support for public school districts; and
  5. Maintains information systems composed of performance indicators that allow the division to identify levels of public school district support and generate reports for the public.

History. Acts 2017, No. 930, § 2; 2019, No. 910, § 1291.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the section heading and in the introductory language; and substituted “division” for “department” in (5).

6-15-2905. Authority of State Board of Education.

The State Board of Education shall:

  1. Approve:
    1. Academic standards for each content area; and
    2. A statewide student assessment system, including without limitation performance levels for statewide assessments;
  2. Promulgate rules to implement the comprehensive accountability system for Arkansas public schools and school districts and this subchapter; and
  3. Take any other appropriate action required or authorized by this subchapter.

History. Acts 2017, No. 930, § 2.

6-15-2906. Academic standards.

    1. The Division of Elementary and Secondary Education shall establish academic standards that define what students shall know and be able to demonstrate in each content area.
    2. Instruction in all public schools shall be based on the academic standards to prepare students to demonstrate the skills and competencies necessary for successful academic growth and high school graduation.
  1. The division shall establish a schedule for periodic review and revision of academic standards to ensure that Arkansas academic standards are rigorous and prepare students for college, career, and community engagement.
  2. The division shall include, at a minimum, the following elements in the periodic review and revision of Arkansas academic standards:
    1. Review and input by Arkansas:
      1. Educators from elementary, secondary, and higher education; and
      2. Community members with professional experience related to the academic content area;
    2. Study and consideration of academic standards at the national and international level, as appropriate;
    3. Study and consideration of an evaluation of the academic standards from national groups or organizations, as appropriate; and
    4. Public dissemination of revised academic standards.

History. Acts 2017, No. 930, § 2; 2019, No. 910, §§ 1292-1294.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “division” for “department” in (b) and in the introductory language of (c).

6-15-2907. Statewide student assessment system — Definition.

  1. The Division of Elementary and Secondary Education shall implement a statewide student assessment system to be administered by Arkansas public schools on a schedule determined by the State Board of Education that includes the following components:
    1. Developmentally appropriate measurements or assessments for kindergarten through grade two (K-2) in literacy and mathematics;
    2. Assessments to measure English language arts, mathematics, and science as identified by the state board;
    3. Assessments of English proficiency of all English learners; and
      1. Assessments to measure college and career readiness.
      2. A public school that serves any student in grades ten through twelve (10-12) shall administer college and career readiness assessments as determined by the state board to each student before he or she graduates from high school.
      3. Public school districts may offer additional college and career readiness assessments for students in grades ten through twelve (10-12) at no cost to the student by using public school district funding, including without limitation Enhanced Student Achievement Funding under § 6-20-2305.
  2. At the direction of the state board, the division shall cause assessment instruments to be administered at additional grade levels as necessary to measure educational achievement in the public schools of this state.
  3. The statewide student assessment system may include additional assessment options approved by the state board, including without limitation assessments to measure application of knowledge and skills in civics, government, and additional sciences, as measured on a schedule determined by the state board.
  4. A public school district, at its own expense, may assess the academic achievement and growth of students by other means in addition to the required statewide student assessment system.
  5. All students enrolled in a public school district shall participate in the statewide student assessment system.
  6. Public school district boards of directors shall not establish school calendars that limit or interfere with student participation in the statewide student assessment system.
  7. The State of Arkansas shall participate in the administration of the National Assessment of Educational Progress examinations.
  8. The division shall provide for statewide student assessments that are:
    1. Valid and reliable;
    2. Obtained or developed, as appropriate, through contracts and project agreements;
    3. Aligned to the Arkansas academic standards; and
    4. Scored and returned for public school and school district use by July 1 of each year.
    1. Public schools, school districts, and educators shall maintain assessment security and confidentiality.
        1. The following individuals may serve as the test administrator during the administration of a statewide student assessment under this subchapter if the individual has received the training required by the division:
          1. A licensed educator, including a long-term substitute teacher;
          2. A retired educator; and
          3. An individual employed under a waiver from licensure as a teacher of record or as an administrator.
        2. If accompanied by a test administrator as described in subdivision (i)(2)(A)(i) of this section, any employee, including a substitute teacher, may serve as a test proctor.
      1. A relative or guardian of a student shall not serve as a test administrator or proctor in the same testing room as the student during the administration of an assessment under this subchapter.
      2. As used in this section, “long-term substitute teacher” means an individual who holds a valid teaching license who does not have a full-time contract with a school district.
    2. A violation by a public school, a public school district, or an educator of the security or confidential integrity of any test or assessment may result in action by the state board under §§ 6-17-410 and 6-17-428 or under the rules promulgated by the state board to implement this subchapter.
  9. The statewide student assessment system shall not assess students' religious or political beliefs.
    1. The assessment scores of students attending the Arkansas School for Mathematics, Sciences, and the Arts shall be sent to and included on the reports of the public school district the student attended immediately before transferring to the Arkansas School for Mathematics, Sciences, and the Arts.
    2. Copies of the assessment scores of students attending the Arkansas School for Mathematics, Sciences, and the Arts shall be made available to the Arkansas School for Mathematics, Sciences, and the Arts.
  10. Public school districts shall analyze and report student performance data to students, parents, and the community, if the disclosures are not in conflict with applicable federal law and state law.

History. Acts 2017, No. 930, § 2; 2019, No. 910, §§ 1295-1297; 2019, No. 1083, § 2.

Amendments. The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (a); and substituted “division” for “department” in (b) and the introductory language of (h).

The 2019 amendment by No. 1083 substituted “Enhanced Student Achievement Funding” for “national school lunch state categorical funding” in (a)(4)(C).

6-15-2908. Analyses of statewide student assessment data.

    1. The Division of Elementary and Secondary Education shall provide analyses of data produced by statewide student assessments.
    2. The analyses of data shall:
      1. Use statewide student assessment results and other valid and reliable measures of student learning, as determined by the State Board of Education, that measure student performance and growth for the purposes of improving student achievement, accountability, and recognition; and
      2. Provide the best measures of the effects of the classroom, school, and school district on student performance or progress.
    3. The model used by the division shall:
      1. Be approved by the state board before implementation; and
      2. Include without limitation sufficient transparency in the model's selection, development, and operational use to:
        1. Ensure that clear documentation, justification, and technical qualities are reported; and
        2. Allow others in the field to assess the nature and quality of the model, the resulting scores, and interpretations based on the model's scores.
  1. The state board shall approve the process and timeline for a public school district to verify the accuracy or request correction of the statewide student assessment data.
  2. The score on statewide student assessments for an English learner:
    1. Shall not be counted for growth or achievement purposes in the accountability ratings of a public school or public school district if the English learner has been enrolled in a public school or private school in the United States for less than twelve (12) months; and
    2. Shall be counted for growth purposes only and not for achievement purposes in the accountability ratings of a public school or public school district if the English learner has been enrolled in a public school or private school in the United States for at least twelve (12) months but not more than twenty-four (24) months.

History. Acts 2017, No. 930, § 2; 2019, No. 910, §§ 1298, 1299.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “division” for “department” in the introductory language of (a)(3).

6-15-2909. Public availability of test instruments and scores.

  1. Any material containing the personally identifiable information, including without limitation identifiable scores, of individual students on any test taken under the provisions of this subchapter shall not be:
    1. Considered a public record within the meaning of the Freedom of Information Act of 1967, § 25-19-101 et seq.; or
    2. Disseminated or otherwise made available to the public by a member of the State Board of Education, an employee of the Division of Elementary and Secondary Education, a member of the board of directors of a school district, an employee of a school district, or any other person, except as permitted under the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, as it existed on January 1, 2017.
  2. All analyses, reports, and compilations of test scores that do not contain personally identifiable information are a public record within the meaning of the Freedom of Information Act of 1967, § 25-19-101 et seq., if the release complies with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, as it existed on January 1, 2017, and with the Student Online Personal Information Protection Act, § 6-18-109.
  3. In order to protect the validity and reliability of statewide student assessments, the test instruments shall not be made available to the public.

History. Acts 2017, No. 930, § 2; 2019, No. 910, § 1300.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(2).

6-15-2910. Student performance levels.

  1. The Division of Elementary and Secondary Education shall recommend student performance levels for the statewide student assessment system to the State Board of Education for its approval.
  2. Student performance levels shall be adopted for the following academic content areas, including without limitation:
    1. English language arts;
    2. Mathematics; and
    3. Science.
  3. Student performance levels for academic content areas shall indicate the skills and competencies necessary for a student to be college and career ready by the completion of high school.
  4. Student performance levels shall be adopted for English language proficiency.

History. Acts 2017, No. 930, § 2; 2019, No. 910, § 1301.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a).

6-15-2911. Student-focused learning system.

    1. The Division of Elementary and Secondary Education shall collaborate with public school districts to transition to a student-focused learning system to support success for all students.
    2. As part of a public school district's student-focused learning system, the public school district shall annually use multiple academic measures to identify students in need of additional support or acceleration to personalize learning in order for students to achieve their grade-level expectations and individual growth.
      1. Academic measures shall include statewide student assessment results.
      2. Academic measures may include without limitation:
        1. Subject grades;
        2. Student work samples; and
        3. Local assessment scores.
    1. Beginning with the 2018-2019 school year, each student, by the end of grade eight (8), shall have a student success plan developed by school personnel in collaboration with parents and the student that is reviewed and updated annually.
    2. The student success plan shall, at a minimum:
      1. Guide the student along pathways to graduation;
      2. Address accelerated learning opportunities;
      3. Address academic deficits and interventions; and
      4. Include college and career planning components.
    3. An individualized education program for a student with a disability, identified under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., meets the requirements of this section if the individualized education program:
      1. Addresses academic deficits and interventions for students not meeting standards-based academic goals at an expected rate or level; and
      2. Includes a transition plan that addresses college and career planning components.
    4. The State Board of Education may promulgate rules to implement this section that include without limitation requirements for the development and review of a student success plan if a student is enrolled for the first time in or transfers to a public school district in the state during or after the student completes grade eight (8).
  1. Public school districts shall use data from college and career readiness assessments to:
    1. Update student success plans;
    2. Assist students with:
      1. College and career readiness skills;
      2. Course selection in high school; and
      3. Improved academic achievement;
    3. Provide the basis for counseling concerning postsecondary preparatory programs; and
    4. Support strategies or programs to:
      1. Increase college preparation rates of all students, including students of low income, English learners, and minority students;
      2. Decrease the remediation rates of high school graduates entering institutions of higher education; and
      3. Increase the attainment of career credentials or technical certificates through expanded opportunities for students.
  2. Public school districts may include community engagement components as part of the public school's student-focused learning system and student success plans.

History. Acts 2017, No. 930, § 2; 2019, No. 910, § 1302.

Amendments. The 2019 amendment, in (a)(1), substituted “Division of Elementary and Secondary Education” for “Department of Education” and deleted “Beginning with the 2017-2018 school year” from the beginning.

6-15-2912. Educator excellence — Intent.

  1. It is the intent of the General Assembly that all students in Arkansas public schools be taught by qualified and effective educators and that low-income or minority students not be taught at disproportionate rates by educators who are ineffective, inexperienced, or teaching a subject for which they are not currently licensed.
  2. The State Board of Education may promulgate rules that promote the state's goal of providing all Arkansas public school students with qualified and effective educators and include without limitation:
    1. Systems to support educator effectiveness;
    2. The method of reporting educator effectiveness by public schools and school districts, including without limitation:
      1. The professional qualifications of educators; and
      2. The number and percentage of:
        1. Teacher educators, principals, and school leaders who are inexperienced;
        2. Educators with emergency or provisional credentials; and
        3. Educators who are teaching a subject for which they are not currently licensed; and
    3. The methods of calculating and reporting the rate at which low-income and minority students are disproportionately taught by educators who are ineffective, inexperienced, or teaching a subject for which they are not currently licensed.
  3. Each public school and school district shall:
    1. Report the data needed by the Division of Elementary and Secondary Education to identify and evaluate educator effectiveness in accordance with state and federal reporting requirements; and
    2. Ensure that its educators provide instruction that aligns with the academic standards established to prepare students to demonstrate the skills and competencies necessary for successful academic growth and high school graduation.

History. Acts 2017, No. 930, § 2; 2019, No. 910, § 1303.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c)(1).

6-15-2913. Levels of school district support.

    1. The State Board of Education shall promulgate rules to establish:
        1. The process for determining the differentiated levels of support that the Division of Elementary and Secondary Education will provide to school districts.
        2. The levels of support shall include:
          1. Level 1 — General;
          2. Level 2 — Collaborative;
          3. Level 3 — Coordinated;
          4. Level 4 — Directed; and
          5. Level 5 — Intensive; and
      1. The process for guiding, monitoring, or directing:
        1. School-level improvement plans;
        2. Supports;
        3. Resources;
        4. Interventions; and
        5. Reporting requirements.
    2. The process established by the state board for determining the level of support provided to a public school district may include without limitation consideration of:
      1. The performance levels of all students on statewide student assessments adopted in accordance with the consolidated state plan;
      2. The performance levels of subgroup populations on statewide student assessments adopted in accordance with the consolidated state plan;
      3. The schools identified as in need of targeted or comprehensive support, or both, pursuant to the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act of 2015, Pub. L. No. 114-95; and
      4. Other criteria the state board determines appropriate, including without limitation:
        1. Feeder pattern performance;
        2. Graduation rates;
        3. Growth calculations; and
        4. Other indicators of school success.
    3. Beginning with the 2019-2020 school year, the division shall provide:
        1. Level 3 — Coordinated support to a public school district in which forty percent (40%) or more of the public school district's students score “in need of support” on the state's prior year summative assessment for reading.
        2. Level 3 — Coordinated support shall be provided in collaboration with the public school district's educational service cooperative; and
      1. Level 4 — Directed support to a public school district in which fifty percent (50%) or more of its students score “in need of support” on the state's prior year summative assessment for reading.
    1. The state board may adopt, by rule, an alternate process of determining the level of support to be provided to public schools or school districts serving specific student populations, including without limitation:
      1. A public school that is designated solely as an alternative learning environment;
      2. An open-enrollment public charter school whose mission and enrollment are primarily focused on students who have dropped out of school or are identified as at risk of dropping out of school;
      3. A conversion public charter school whose mission and enrollment are primarily focused on students who have dropped out of school or are identified as at risk of dropping out of school;
      4. The Arkansas School for the Blind;
      5. The Arkansas School for the Deaf; and
      6. A public school or system of education that primarily serves adjudicated youth.
    2. The alternate process adopted by the state board under subdivision (b)(1) of this section shall specify the method to measure student academic performance.
  1. A public school district that fails to comply with requirements placed on the public school district by the state board under this subchapter is in violation of the Standards for Accreditation of Arkansas Public Schools and School Districts.

History. Acts 2017, No. 930, § 2; 2019, No. 910, § 1304; 2019, No. 1082, § 2.

Amendments. The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1)(A)(i).

The 2019 amendment by No. 1082 added (a)(3).

U.S. Code. The Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95, is codified as 20 U.S.C. § 6301 et seq.

6-15-2914. School-level improvement plans — School district support plans.

  1. The General Assembly finds that it is the responsibility of:
    1. The state to support its public school districts; and
    2. A public school district to support its schools.
      1. Beginning on May 1, 2018, and by May 1 annually thereafter, a public school shall submit to its public school district a school-level improvement plan for approval by the public school district and public school district board of directors for implementation in the following school year.
        1. A public school district and an open-enrollment public charter school shall include a literacy plan in the annual school-level improvement plan required under subdivision (b)(1)(A) of this section.
        2. The literacy plan required under subdivision (b)(1)(B)(i) of this section shall include without limitation a curriculum program and a professional development program that are:
          1. Aligned with the literacy needs of the public school district; and
          2. Based on the science of reading as defined by § 6-17-429(k)(1).
    1. School-level improvement plans shall be posted on the public school district's website by August 1 of each year.
  2. School-level improvement plans shall be:
    1. Monitored by the public school district for implementation fidelity and progress throughout the year; and
    2. Evaluated annually by the public school district for goal progress and accomplishment.
    1. Annually by September 1, a public school district receiving Level 2 — Collaborative, Level 3 — Coordinated, Level 4 — Directed, or Level 5 — Intensive support shall submit to the Division of Elementary and Secondary Education a public school district support plan in accordance with rules of the State Board of Education.
    2. A public school district's support plan shall be posted on the public school district's website no later than ten (10) days after submission to the division.
      1. A public school district in which forty percent (40%) or more of the public school district's students scored “in need of support” on the state's prior year summative assessment for reading shall develop a literacy plan as part of the public school district support plan required under this section.
      2. The public school district literacy plan shall include:
        1. Goals for improving reading achievement throughout the public school district; and
        2. Information regarding the prioritization of funding, including without limitation Enhanced Student Achievement Funding received under § 6-20-2305, for strategies to improve reading achievement throughout the public school district.
  3. Public school district support plans shall include without limitation the support the public school district will provide to public schools identified as in need of targeted or comprehensive support, or both, pursuant to the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act of 2015, Pub. L. No. 114-95.

History. Acts 2017, No. 930, § 2; 2019, No. 83, § 2; 2019, No. 910, § 1305; 2019, No. 1082, § 3.

U.S. Code. The Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95, is codified as 20 U.S.C. § 6301 et seq.

A.C.R.C. Notes. Acts 2019, No. 83, § 1, provided: “Legislative findings. The General Assembly finds that:

“(1) The Right to Read Act, § 6-17-429, addresses the science of reading for current educators and those in an undergraduate teaching program;

“(2) If educators do not have an understanding of scientific reading instruction, many students will not receive the reading instruction necessary to read at grade level;

“(3) The percentage of Arkansas students in grade three (3) who were ‘ready’ or ‘exceeding’ in reading on the 2018 ACT Aspire test was thirty-eight percent (38%);

“(4) Dyslexia programs in Arkansas should be aligned to structured literacy as outlined by the International Dyslexia Association; and

“(5) Educators throughout the state are in the process of completing the appropriate professional development requirements with respect to the science of reading and structured literacy, but public school districts have not provided those teachers with the necessary materials and resources to implement the methods required by science of reading and structured literacy programs in their classrooms.”

Publisher's Note. “National school lunch state categorical funding”, referred to in subdivision (d)(3)(B) of this section, was renamed “Enhanced Student Achievement Funding” by Acts 2019, No. 1083.

Amendments. The 2019 amendment by No. 83 added (b)(1)(B) and redesignated former (b)(1) as (b)(1)(A).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (d)(1).

The 2019 amendment by No. 1082 added (d)(3).

6-15-2915. School district classification as in need of Level 5 — Intensive support — Student transfer eligibility.

  1. The State Board of Education shall promulgate rules governing the classification of public school districts as in need of Level 5 — Intensive support and the support to be provided.
  2. The Division of Elementary and Secondary Education shall notify in writing the public school district superintendent and the president of the public school district board of directors of the recommendation to the state board for classification as in need of Level 5 — Intensive support.
    1. A public school district recommended for classification as in need of Level 5 — Intensive support may appeal to the state board by filing a written appeal with the Commissioner of Elementary and Secondary Education in accordance with the procedure established in the rules of the state board.
    2. A public school district shall be classified as in need of Level 5 — Intensive support and receive support upon final determination by the state board.
    3. A public school district may appeal the state board's final determination to the Pulaski County Circuit Court under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
  3. A student attending a public school district classified as in need of Level 5 — Intensive support may transfer under the Arkansas Opportunity Public School Choice Act, § 6-18-227, to another public school district that is not classified as in need of Level 5 — Intensive support.

History. Acts 2017, No. 930, § 2; 2019, No. 910, §§ 1306, 1307.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b); and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (c)(1).

6-15-2916. State Board of Education authority over public school district classified as in need of Level 5 — Intensive support.

If a public school district is classified as in need of Level 5 — Intensive support, the State Board of Education may:

  1. Direct the Commissioner of Elementary and Secondary Education to conduct an analysis of all school district systems and make recommendations for action by the state board; and
  2. Assume authority of the public school district and take one (1) or more of the following actions at any time after classification:
    1. Remove permanently, reassign, or suspend on a temporary basis the superintendent of the school district and:
      1. Appoint an individual in place of the superintendent of the public school district to administratively operate the public school district under the supervision and approval of the commissioner;
      2. Authorize the individual to remove, replace, reassign, or suspend public school district personnel in accordance with state law; and
      3. Compensate from public school district funds the individual appointed to operate the public school district and other individuals authorized by the commissioner;
    2. Remove permanently or suspend on a temporary basis some or all of the current public school district board of directors and either:
      1. Call for the election of a new public school district board of directors, in which case the public school district shall reimburse the county board of election commissioners for election costs as otherwise required by law;
      2. Require the public school district to operate without a board of directors under the supervision of the superintendent of the public school district or an individual or panel appointed by the commissioner; or
      3. Direct the commissioner to assume some or all authority of the public school district board of directors as may be necessary to operate the public school district;
      1. Remove on a temporary basis some or all of the powers and duties granted to the current public school district board of directors under § 6-13-620 or any other law but allow the public school district board of directors to continue to operate under the direction and approval of the commissioner.
      2. The state board shall define the powers and duties of the public school district board of directors.
      3. The public school district board of directors shall act in an advisory capacity to the commissioner regarding all other powers and duties maintained by the commissioner;
    3. Require the annexation, consolidation, or reconstitution of the public school district under § 6-13-1401 et seq. and this subchapter;
    4. Waive provisions of Title 6 and corresponding rules of the state board with the exception of:
      1. Special education programs as provided by this title;
      2. Conducting criminal background checks for employees as provided in this title; and
      3. Health and safety codes as established by the state board and local governmental entities;
    5. Require reassignment of some or all of the administrative, instructional, or support staff of a public school;
    6. Require a public school to institute and fully implement a student curriculum based on academic standards;
    7. Require a public school to provide professional development for teachers and administrators based on the Division of Elementary and Secondary Education's review of educators' professional growth plans with the cost to be paid by the public school district in which the public school is located;
    8. Remove one (1) or more public schools from the jurisdiction of the classified school district and establish alternative public governance and supervision of the public school;
    9. Require reorganization, closure, or dissolution of one (1) or more of the public schools within the classified district; and
    10. Take any other necessary and proper action, as determined by the state board that is allowed by law.

History. Acts 2017, No. 930, § 2; 2019, No. 910, § 1308.

Amendments. The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (1).

Case Notes

Constitutionality.

Former § 6-15-430 was not unconstitutional so as to establish an exception to sovereign immunity. School boards of directors are not constitutional entities, and they may be dissolved pursuant to statute. Also, when the Supreme Court read Ark. Const., Art. 14, § 3(c)(1) harmoniously with Ark. Const., Art. 14, § 4, the Court concluded that whatever individual or entity the Legislature allows to be placed in the stead of a school board of directors can perform the tasks required under Ark. Const., Art. 14, § 3(c)(1). Key v. Curry, 2015 Ark. 392, 473 S.W.3d 1 (2015) (decision under prior law).

Sovereign Immunity.

Denying the state school officials' motion to dismiss a complaint filed by former school district board members and a parent on the ground that it was barred by sovereign immunity was error where the State Board of Education acted within its express statutory authority when it took over a school district, and a violation of § 6-13-112(a) had no bearing on whether the Board was authorized to assume control of the district. Key v. Curry, 2015 Ark. 392, 473 S.W.3d 1 (2015) (decision under prior law).

6-15-2917. Public school district under authority of State Board of Education.

  1. For a public school district under the authority of the State Board of Education, the state board shall review quarterly the progress of the public school district toward improving the issues that caused the classification of the public school district as in need of Level 5 — Intensive support.
  2. At any time during the second full school year following the assumption of authority or any time thereafter:
    1. The state board may direct the Commissioner of Elementary and Secondary Education to update the analysis of all school district systems to determine if the public school district has demonstrated substantial improvement of the issues that caused the classification of the public school district as in need of Level 5 — Intensive support;
    2. The commissioner may recommend to the state board that the state board:
      1. Take additional action concerning the public school district under § 6-15-2916; or
      2. Return the public school district to local control through the appointment or election of a board of directors; and
      1. The state board may return the public school district to local control through the appointment or election of a newly elected board of directors upon the recommendation of the commissioner.
      2. The state board may limit the powers and duties of the public school district board of directors under § 6-13-620 or any other law but allow the public school district board of directors to operate under the direction and approval of the commissioner.
      3. The state board shall define the powers and duties of the public school district board of directors if the state board limits the powers and duties under subdivision (b)(3)(B) of this section.
      4. The public school district board of directors shall act in an advisory capacity to the commissioner in regards to all other powers and duties maintained by the commissioner.
      5. The state board may grant additional powers and duties to the public school district board of directors if the public school district demonstrates progress toward improving the issues that caused the classification of the public school district as in need of Level 5 — Intensive support.
    1. If the public school district has not demonstrated to the state board and the Division of Elementary and Secondary Education that the public school district meets the criteria to exit Level 5 — Intensive support within five (5) years of the assumption of authority, the state board shall annex, consolidate, or reconstitute the public school district under § 6-13-1401 et seq. and this subchapter.
    2. The state board shall promulgate rules to establish the criteria by which a public school district may exit Level 5 — Intensive support.

History. Acts 2017, No. 930, § 2; 2019, No. 910, § 1309.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c)(1).

6-15-2918. Comprehensive information systems.

  1. The Division of Elementary and Secondary Education shall:
    1. Establish and maintain comprehensive information systems that allow reporting, analysis, and data-driven decision-making by public school districts;
    2. Provide technical assistance to public school districts in the use of the data; and
    3. Provide data access to any authorized entity for analyzing computations and posting public school, public school district, and state student achievement, if the disclosures are not in conflict with applicable federal and state law.
  2. The division shall provide electronic resources for educators to support and augment student achievement, efficiency, and educational initiatives.
  3. The division may contract with providers to collect, maintain, and analyze data and prepare reports.

History. Acts 2017, No. 930, § 2; 2019, No. 910, §§ 1310, 1311.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” in (b) and (c).

Chapter 16 Curriculum

Research References

ALR.

Student's right to compel school officials to issue degree, diploma, or the like. 11 A.L.R.4th 1182.

State regulation of curriculum and instruction in private and parochial schools. 18 A.L.R.4th 649.

Am. Jur. 67B Am. Jur. 2d, Schools, § 349 et seq.

C.J.S. 78A C.J.S., Schools, § 1074.

Subchapter 1 — General Provisions

Effective Dates. Acts 1923, No. 397, § 3: approved Mar. 19, 1923. Emergency clause provided: “This act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this act shall take effect and be in force from and after its passage.”

Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1981, No. 732, § 11: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1981 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1981 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1981.”

Acts 1997, No. 787, § 9: Mar. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Arkansas Code does not now require Arkansas history to be taught in the public schools in this state; that Arkansas history is not being taught in all public schools in this state; that such failure must be addressed as soon as possible; that this act establishes the mechanism to ensure that Arkansas history is taught in each public school in this state and that this act should go into effect immediately in order that it might be implemented in the 1997-98 school year. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1078, § 92: July 1, 2000.

Acts 2005, No. 245, § 2: effective by its own terms June 1, 2005.

Acts 2005, No. 245, § 3: Feb. 22, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that beginning on June 1, 2005, school districts will be required to offer one (1) full hour of art and music to students in grades one through six (1-6); that one (1) hour class periods are not compatible with usual schedules used by school districts; and that school districts need sufficient time to hire staff, arrange schedules, allocate space, and purchase supplies based upon the changes made by this act. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 187, § 3: Feb. 24, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that computer science and technology skills are of vital importance to meet the growing needs of the workforce; that public school students need opportunities to develop computer science and technology skills in order to be competitive in the future; and that this act is immediately necessary to ensure that the Department of Education has the time necessary to develop and modify academic standards for computer science courses before beginning of the 2015-2016 school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Identical Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 153: July 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Building Authority, the Arkansas Science and Technology Authority, the Department of Rural Services, and the Division of Land Surveys of the Arkansas Agriculture Department are inefficiently structured; that this inefficient structuring causes an excessive and unnecessary cost to the taxpayers of the this state; and that this act is essential to alleviating that financial burden. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2015.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-16-101. Celebrate Freedom Week.

  1. To educate students about the sacrifices made for freedom in the founding of this country and the values on which this country was founded, the last full week of classes in September in Arkansas public schools shall be recognized as “Celebrate Freedom Week”.
    1. During Celebrate Freedom Week, all social studies classes shall include instruction as determined by each school in each social studies class.
    2. It is recommended that the instruction include discussion about the meaning and importance of the Declaration of Independence and the United States Constitution, with an emphasis on the Preamble and the Bill of Rights, in the document's historical context.
    3. It is suggested that a study of the Declaration of Independence include exercises related to the relationship of the ideas expressed in that document to subsequent American history, including the relationship among ideas contained in the document and the rich diversity of our people as a nation of immigrants, the American Revolution, the formulation of the United States Constitution, the abolitionist movement and how it led to the adoption of the Emancipation Proclamation, and the women's suffrage movement.

History. Acts 2003, No. 682, § 1.

Publisher's Notes. Former § 6-16-101, concerning school term length, was repealed by Acts 1993, No. 294, § 10. The section was derived from Acts 1931, No. 169, § 167; Pope's Dig., § 11609; A.S.A. 1947, § 80-1601.

6-16-102. School day — Definition.

    1. As used in this section, “school day” shall mean a day in which classes are in session and students receive at least six (6) hours of instructional time.
    2. Any day in which less than six (6) hours of instructional time are provided to students shall be counted as one-half (½) of a school day if at least three (3) hours of instructional time are provided to students.
    3. Any day in which less than three (3) hours of instructional time are provided to students shall not be counted as any part of a school day.
    4. A school district may include as part of the school day the travel time between public schools or other educational programs of those students attending classes or programs authorized by law.
      1. At least forty (40) minutes of instructional time per school day shall be used for recess during the school day for students attending public elementary schools.
      2. Recess shall:
        1. Consist of supervised, unstructured social time during which public school students may communicate with each other;
        2. Occur outdoors when weather and other relevant conditions permit; and
        3. Include without limitation opportunities for free play and vigorous physical activity, regardless of whether recess occurs indoors or outdoors.
      3. The remaining instructional hours required under this section shall be distributed across academic content areas as determined by a public school district's board of directors.
      4. A public school principal may use discretion to adjust recess time required under this section due to special circumstances or programs that interrupt a regular school day.
        1. A public elementary school may seek a waiver from the requirements under this subdivision (a)(5) if the public elementary school:
          1. Submits to the Division of Elementary and Secondary Education for approval an alternative plan for recess that:
            1. Exceeds the required minimum amount of minutes combined for physical activity under § 6-16-132 and recess under this section; and
            2. Provides for both structured and unstructured social time; or
          2. Is approved by the division to operate as a virtual school.
        2. Beginning with the 2019-2020 school year, the division shall provide to the House Committee on Education and the Senate Committee on Education each year for three (3) years a report that details the following:
          1. Which public elementary schools have been granted a waiver under subdivision (a)(5)(E)(i) of this section; and
          2. How many waivers have been granted by the division under subdivision (a)(5)(E)(i) of this section.
  1. Notwithstanding subsection (a) of this section, the State Board of Education shall promulgate rules to prescribe the credit to be given students for attending school for only a portion of a school day because the school is closed due to emergency circumstances which would be hazardous to the health of the students. The state board shall also identify the emergency circumstances.
  2. A school district is deemed to have fulfilled the requirements of subsection (a) of this section if the planned instructional time in each school day does not average less than six (6) hours each day or thirty (30) hours each week.

History. Acts 1983 (1st Ex. Sess.), No. 45, § 1; 1985, No. 1015, § 1; A.S.A. 1947, § 80-1602; Acts 1999, No. 391, § 5; 2005, No. 2151, § 15; 2011, No. 989, § 22; 2019, No. 315, § 215; 2019, No. 641, § 2.

A.C.R.C. Notes. Acts 2019, No. 641, § 1, provided: “Legislative findings. The General Assembly finds that:

“(1) Public school students need the ability to learn and grow from one another in a social setting;

“(2) Often, exchanges between public school students with respect to learning and social awareness occur during recess;

“(3) Public school students need more opportunities for physical activity during the school day in order to promote healthy and active lifestyles;

“(4) Public school students should be given a sufficient daily break in the form of recess, which would allow them to fully focus while they are in class;

“(5) Educational leaders cannot allow for a sufficient amount of time in the school day for recess within the current construct of the instructional requirements and time allotted in a school day, which generates decreased focus in class and fewer opportunities to develop social awareness among public school students;

“(6) Due to numerous mandates, there has been a steady decline in the amount of time dedicated to recess for elementary public school students; and

“(7) To address the increased need for public school student social awareness and learning opportunities beyond the classroom, recess should be included as part of the instructional school day.”

Amendments. The 2011 amendment added (c).

The 2019 amendment by No. 315 substituted “rules” for “regulations” in the first sentence of (b).

The 2019 amendment by No. 641 added (a)(5).

Cross References. Compulsory attendance — Exceptions, § 6-18-201.

Case Notes

Cited: Doe v. Human, 725 F. Supp. 1503 (W.D. Ark. 1989).

6-16-103. Course of study generally.

  1. There shall be taught in all of the public or elementary schools of this state subjects that may be designated by the State Board of Education or as required by law.
  2. Nothing in this section shall be construed to prohibit the inclusion of additional subjects in the state course of study or in any course formulated for a school district and approved by the state board.

History. Acts 1931, No. 169, § 167; Pope's Dig., § 11609; A.S.A. 1947, § 80-1601; Acts 2003, No. 1759, § 1; 2013, No. 128, § 1.

Amendments. The 2013 amendment substituted “state subjects that” for “state such subjects as” in (a); and deleted (c).

6-16-104. Basic language of instruction.

    1. The basic language of instruction in the public school branches in all the schools of the state, public and private, shall be the English language only.
    2. It shall not be a violation of this section for an educator to communicate with a student in the student's native language in order to facilitate the student's ability to become proficient and learn in the English language.
  1. It shall be the duty of the Commissioner of Elementary and Secondary Education, the Director of the Division of Career and Technical Education, and superintendents to see that the provisions of this section are carried out.

History. Acts 1931, No. 169, § 168; Pope's Dig., §§ 3590, 11610; A.S.A. 1947, § 80-1605; Acts 1999, No. 1323, § 18; 2005, No. 1994, § 61; 2017, No. 989, § 1; 2019, No. 692, § 4; 2019, No. 910, § 1312.

Amendments. The 2017 amendment redesignated former (a) as (a)(1); added (a)(2); and deleted former (c) and (d).

The 2019 amendment by No. 692 deleted “city” preceding “superintendents” in (b).

The 2019 amendment by No. 910 substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” and “Division of Career and Technical Education” for “Department of Career Education” in (b).

6-16-105. United States flag.

  1. The directors of any school district shall:
    1. Expend a reasonable sum from the funds of the school district for a United States flag and for the erection of a suitable flagstaff on the schoolhouse or school grounds;
    2. See to it that the pupils are instructed in the etiquette of the flag; and
    3. Cause the flag to be displayed on the flagstaff during school hours when the weather permits.
  2. It shall be the duty of the school authorities of every public or private school in this state to procure a suitable United States flag, flagstaff, and the necessary appliances therefor and to require such flag to be displayed, with all proper courtesy, upon, near, or in the school buildings during the hours of school session and at such other times as the school authorities may direct.

History. Acts 1923, No. 614, § 1; 1931, No. 169, § 173; Pope's Dig., §§ 3599, 11615, 11729; A.S.A. 1947, §§ 80-1603, 80-1604.

Case Notes

Cited: Allred v. Ark. Dep't of Corr. Sch. Dist., 322 Ark. 772, 912 S.W.2d 4 (1995).

6-16-106. Arkansas flag.

  1. The official Arkansas flag shall be displayed on the schoolhouse or school grounds of every public school in this state.
  2. The Arkansas flag shall be displayed on the same staff or pole as the United States flag and shall be positioned immediately below the United States flag.
  3. It shall be the duty of the board of directors of every public school district in this state to procure a suitable Arkansas flag for each school and to require the flag to be displayed in the manner required in subsections (a) and (b) of this section.

History. Acts 1963, No. 237, §§ 1, 2; A.S.A. 1947, §§ 80-1632, 80-1633.

6-16-107. Patriotic observances generally.

  1. February 22, as the birthday of George Washington, and such other days as may be designated by the State Board of Education for patriotic observance shall be observed with appropriate exercises.
  2. Nothing in this section shall be construed as authorizing the closing of any school on such days without consent of the board of directors of the school district.

History. Acts 1931, No. 169, § 175; Pope's Dig., § 11617; A.S.A. 1947, § 80-1608; Acts 2017, No. 561, § 2.

A.C.R.C. Notes. Acts 2017, No. 561, § 6, provided: “Legislative findings — Intent.

“(a) The General Assembly finds that:

“(1) The State of Arkansas has a very proud and distinguished culture and heritage;

“(2) Robust recognition of history in the classroom is a priority; and

“(3) The state should maintain and celebrate its culture and heritage, including our state and national military leaders who are connected to Arkansas or have impacted the course of our state's history.

“(b) It is the intent of the General Assembly by the enactment of this act to maintain an awareness of and celebrate the unique cultural heritage of Arkansas by educating Arkansas youth regarding:

“(1) Historical events of state and national significance;

“(2) The contributions made to the history of this state by military and civilian leaders; and

“(3) The reasons for honoring such historical events and figures through the observance of days designated for their commemoration.”

Amendments. The 2017 amendment deleted “and January 19, as the birthday of Robert E. Lee” following “Washington” in (a).

6-16-108. Recitation of the Pledge of Allegiance.

  1. The State Board of Education shall adopt a policy to require that public school students in grades kindergarten through twelve (K-12) participate in a daily recitation of the Pledge of Allegiance during the first class of each school day.
  2. The policy shall:
    1. Require that at the time designated for the recitation of the Pledge of Allegiance students shall stand and recite the Pledge of Allegiance while facing the flag with their right hands over their hearts or in an appropriate salute if in uniform;
      1. Provide that no student shall be compelled to recite the Pledge of Allegiance if the student or the student's parent or legal guardian objects to the student's participating in the exercise on religious, philosophical, or other grounds.
      2. Students who are exempt from reciting the Pledge of Allegiance under subdivision (b)(2)(A) of this section shall be required to remain quietly standing or sitting at their desks while others recite the Pledge of Allegiance;
      1. Provide that teachers or other school staff who have religious, philosophical, or other grounds for objecting are exempt from leading or participating in the exercise.
      2. If a teacher chooses not to lead the Pledge of Allegiance, the policy shall require that another suitable person shall be designated either by the teacher or principal to lead the class; and
    2. Require the school to provide appropriate accommodations for students, teachers, or other staff who are unable to comply with the procedures described in this section due to disability.

History. Acts 2003, No. 1333, § 1.

Publisher's Notes. Former § 6-16-108, concerning Armistice Day as a holiday, was repealed by Acts 1993, No. 475, § 2. The former section was derived from Acts 1941, No. 348, §§ 1, 2; A.S.A. 1947, §§ 80-1609, 80-1610.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, School Rules, 26 U. Ark. Little Rock L. Rev. 383.

6-16-109, 6-16-110. [Repealed.]

Publisher's Notes. These sections, concerning teaching history, civics, and the United States Constitution, including devotion to American institutions and ideals, were repealed by Acts 1993, No. 475, §§ 3, 4. The sections were derived from the following sources:

6-16-109. Acts 1923, No. 614, §§ 2, 3, 5; Pope's Dig., §§ 3600, 3601, 3603, 11730, 11731, 11733; Acts 1957, No. 355, § 1; 1959, No. 290, § 1; A.S.A. 1947, §§ 80-1613, 80-1614, 80-1616.

6-16-110. Acts 1923 (1st Ex. Sess.), No. 31, §§ 1-5.

6-16-111. Morals, manners, patriotism, and business and professional integrity.

Curricula in morals, manners, patriotism, and business and professional integrity shall be included in the course of study for the state public schools.

History. Acts 1923, No. 397, §§ 1, 2; 1993, No. 294, § 10.

6-16-112 — 6-16-117. [Repealed.]

Publisher's Notes. These sections, concerning conservation, natural resources, and nature study; elementary agriculture and horticulture; physical training; the effect of alcohol and narcotics; fire prevention; and Bird Week, were repealed by Acts 1993, No. 475, §§ 5-10. They were derived from the following sources:

6-16-112. Acts 1939, No. 312, §§ 2-6; A.S.A. 1947, §§ 80-1621 — 80-1625.

6-16-113. Acts 1909, No. 315, §§ 1-5, p. 934.

Section 6-16-113 was also repealed by Acts 1993, No. 294, § 10.

6-16-114. Acts 1931, No. 169, § 195; Pope's Dig., § 11637; A.S.A. 1947, § 80-1617.

6-16-115. Acts 1937, No. 168, §§ 1, 2; Pope's Dig., §§ 11794, 11795; A.S.A. 1947, §§ 80-1618, 80-1619.

6-16-116. Acts 1927, No. 147, § 1; Pope's Dig., §§ 7639, 11779; A.S.A. 1947, § 80-1626.

6-16-117. Acts 1947, No. 83, §§ 1, 2; A.S.A. 1947, §§ 80-1611, 80-1612.

6-16-118. High school equivalency testing for adults — Fees — Definition.

  1. As used in this section, “high school equivalency test” means the General Education Development (GED) test of the GED Testing Service or another test used to assess high school core subject competencies.
  2. A high school equivalency test for adults shall be administered by the educational agencies and institutions approved by the Adult Education Section.
  3. The Career Education and Workforce Development Board may approve fees for:
    1. Administering a high school equivalency test;
    2. Administering other assessments; and
    3. Photocopying or duplicating a transcript or diploma.
  4. The board shall promulgate rules to implement this section.

History. Acts 1981, No. 732, § 4; A.S.A. 1947, § 80-1671; Acts 1993, No. 294, § 10; 1993, No. 1079, § 1; 1999, No. 1078, § 56; 2013, No. 1063, § 1; 2015, No. 1115, § 3; 2019, No. 910, § 138.

Amendments. The 2013 amendment added “Fees” in the section heading; added present (a); redesignated former (a) and (b) as present (b) and (c); in (b), substituted “Department of Career Education” for “Department of Workforce Education and the American Council on Education” and “The general educational development test” for “General Educational Development tests”; rewrote (c); and added (d).

The 2015 amendment substituted “high school equivalency” for “general educational development” in (a) and the section heading; added “or another test used to assess high school core subject competencies” in (a); and substituted “A high school equivalency test” for “The general educational development test” in (b) and (c)(1).

The 2019 amendment substituted “Adult Education Section” for “Department of Career Education” in (b).

6-16-119. [Repealed.]

Publisher's Notes. This section, concerning silent meditation and reflection, was repealed by Acts 1993, No. 475, § 11. The section was derived from Acts 1985 (1st Ex. Sess.), No. 14, § 1; 1985 (1st Ex. Sess.), No. 28, § 1; A.S.A. 1947, § 80-1607.1.

6-16-120. Academic credit for community service.

  1. Beginning with the 1996-1997 school year, a student who has completed a minimum of seventy-five (75) clock hours of documented community service in grades nine through twelve (9-12), as certified by the service agency or organization to the school, shall be eligible to receive one (1) academic credit that may be applied toward graduation.
  2. The community service shall be in programs or activities approved by the State Board of Education and the local school district board of directors and shall include preparation, action, and reflection components.
  3. A local school district board of directors may grant a waiver of this requirement with notice to the state board.
  4. The state board is hereby authorized to promulgate rules necessary for the implementation of this section.

History. Acts 1993, No. 648, § 1; 2019, No. 315, § 216.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (d).

6-16-121. African-American history — Teaching materials.

    1. The Commissioner of Elementary and Secondary Education shall update the materials and resources for the teaching of historical contributions made by African-Americans in the United States and in other countries before the establishment of the United States for inclusion in the appropriate curricula of all kindergarten through grade twelve (K-12) of all public schools in the State of Arkansas.
    2. Emphasis shall be placed on the historic work of American and Arkansas civil rights leaders and events during the civil rights era, including without limitation Dr. Martin Luther King, Jr., and his pursuit of justice in civil society.
      1. The requirement under this subsection shall be taught in conjunction with corresponding state and federal holidays.
      2. Nothing in subdivision (a)(3)(A) of this section shall be construed to limit the teaching of this history only to the corresponding state and federal holidays.
  1. The commissioner shall ensure that these materials or units are reproduced and sent to all school districts in the state.

History. Acts 1993, No. 963, § 1; 1995, No. 1296, § 19; Acts 2017, No. 561, § 1; 2019, No. 1018, § 1.

A.C.R.C. Notes. Acts 2017, No. 561, § 6, provided: “Legislative findings — Intent.

“(a) The General Assembly finds that:

“(1) The State of Arkansas has a very proud and distinguished culture and heritage;

“(2) Robust recognition of history in the classroom is a priority; and

“(3) The state should maintain and celebrate its culture and heritage, including our state and national military leaders who are connected to Arkansas or have impacted the course of our state's history.

“(b) It is the intent of the General Assembly by the enactment of this act to maintain an awareness of and celebrate the unique cultural heritage of Arkansas by educating Arkansas youth regarding:

“(1) Historical events of state and national significance;

“(2) The contributions made to the history of this state by military and civilian leaders; and

“(3) The reasons for honoring such historical events and figures through the observance of days designated for their commemoration.”

Amendments. The 2017 amendment redesignated former (a) as (a)(1); in (a)(1), substituted “update the materials and resources” for “develop the materials or units”, and deleted “beginning with the 1994-1995 school year” from the end; and added (a)(2) and (a)(3).

The 2019 amendment, in (a)(2), inserted “and Arkansas” and inserted “and events during the civil rights era”.

6-16-122. American heritage.

  1. Local school district boards of directors shall allow any teacher or administrator in a public school district of this state to read or post in a public school building or classroom, or at an event, any excerpts or portions of:
    1. The Preamble to the Arkansas Constitution;
    2. The Declaration of Independence;
    3. The United States Constitution;
    4. Amendments 1-10 of the United States Constitution, known as “the Bill of Rights”;
    5. The Mayflower Compact;
    6. The national motto;
    7. The national anthem;
    8. The Pledge of Allegiance;
    9. The writings, speeches, documents, and proclamations of the founding fathers and presidents of the United States;
    10. Organic documents from the pre-Colonial, Colonial, Revolutionary, Federalist, and post-Federalist eras;
    11. United States Supreme Court decisions and records;
    12. Acts and published records of the United States Congress;
    13. Thomas Paine's 1776 pamphlet entitled “Common Sense”;
    14. Executive orders of the presidents of the United States;
    15. The Northwest Ordinance;
    16. President George Washington's Farewell Address;
    17. The Emancipation Proclamation;
    18. The Gettysburg Address; and
    19. Any other document of historical significance relating to the founding of the United States or the State of Arkansas.
  2. There shall be no content-based censorship of American history or heritage in this state based on religious or other references in these writings, documents, and records.
  3. A copy of this section shall be distributed to the superintendent of each public school district in the state by the Division of Elementary and Secondary Education, and the public school district superintendents then shall provide a copy of this section to each teacher and each public school district board member.
  4. To ensure public high school students understand the United States' representative form of limited government, the liberties secured in the Bill of Rights, federalism, and other basic principles that are essential to the stability and endurance of our constitutional republic, a public school district may:
    1. Require that public high school students demonstrate knowledge and understanding of the nation's founding and documents relevant to the nation's founding in order to receive a certificate or diploma of graduation from the public high school;
    2. Include among the requirements for graduation from a public high school in the public school district a passing grade in a course that includes without limitation primary instruction regarding:
      1. The Declaration of Independence;
      2. The United States Constitution and its amendments; and
      3. Representative readings from the Federalist Papers; and
    3. Require that a public high school teach public high school students about the nation's founding and documents relevant to the nation's founding, including without limitation:
      1. The Declaration of Independence;
      2. The United States Constitution and its amendments; and
      3. Representative readings from the Federalist Papers.

History. Acts 1995, No. 295, §§ 1, 2; 2003, No. 290, § 1; 2019, No. 852, § 1; 2019, No. 910, § 1313.

Amendments. The 2019 amendment by No. 852 inserted “at an” in the introductory language of (a); inserted (a)(4) and redesignated the remaining subdivisions accordingly; added “and records” in (a)(11); inserted “and published records” in (a)(12); added (a)(13) through (a)(19); in (c), inserted the first and third occurrences of “public”, substituted “and the public school district” for “whereupon the”, and inserted the second occurrence of “of this section”; added (d); and made stylistic changes.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, School Rules, 26 U. Ark. Little Rock L. Rev. 383.

6-16-123. [Repealed.]

Publisher's Notes. This section, concerning teaching Arkansas laws, was repealed by Acts 2007, No. 1573, § 51. The section was derived from Acts 1995, No. 1097, § 1; 1997, No. 112, § 7.

6-16-124. Arkansas history — Required social studies course.

    1. A unit of Arkansas history shall be taught as a social studies subject at each elementary grade level in every public elementary school in this state, with greater emphasis at the fourth and fifth grade levels.
    2. At least one (1) full semester of Arkansas history shall be taught to all students at the seventh, eighth, ninth, tenth, eleventh, or twelfth grade level in every public secondary school in this state.
    1. Course guidelines shall ensure that the courses represent the most accurate and historically sound account of the prehistory, history, and culture of Arkansas, including the significant contributions and achievements of all segments of the population.
    2. Any revisions in the Arkansas history course content guidelines shall be reported to the public schools and the House Committee on Education and the Senate Committee on Education no later than July 1 of the year the course guidelines are to be implemented.
      1. The Division of Elementary and Secondary Education shall, in advance of the 2018-2019 school year, develop materials or units relating to Arkansas and the American Civil War.
      2. The emphasis of the curriculum under this subdivision (b)(3) shall be placed upon civilian and military leadership during the period and how the lessons of that era can inform contemporary society.
      3. The course content under this subdivision (b)(3) is not exempt from the reporting requirements under subdivision (b)(2) of this section.

History. Acts 1997, No. 787, §§ 1, 2, 5; 2007, No. 1573, § 52; 2017, No. 561, § 3; 2019, No. 910, § 1314.

A.C.R.C. Notes. Acts 2017, No. 561, § 6, provided: “Legislative findings — Intent.

“(a) The General Assembly finds that:

“(1) The State of Arkansas has a very proud and distinguished culture and heritage;

“(2) Robust recognition of history in the classroom is a priority; and

“(3) The state should maintain and celebrate its culture and heritage, including our state and national military leaders who are connected to Arkansas or have impacted the course of our state's history.

“(b) It is the intent of the General Assembly by the enactment of this act to maintain an awareness of and celebrate the unique cultural heritage of Arkansas by educating Arkansas youth regarding:

“(1) Historical events of state and national significance;

“(2) The contributions made to the history of this state by military and civilian leaders; and

“(3) The reasons for honoring such historical events and figures through the observance of days designated for their commemoration.”

Amendments. The 2017 amendment deleted the former introductory language of (a); and added (b)(3).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(3)(A).

6-16-125. [Repealed.]

Publisher's Notes. This section, concerning character and citizenship and education programs information clearinghouse, was repealed by Acts 2007, No. 1573, § 53. The section was derived from Acts 1997, No. 631, §§ 1, 2.

6-16-126. Food handling safety — Instructional materials clearinghouse.

  1. The General Assembly finds and acknowledges that food-borne illness is a growing concern throughout the United States. The General Assembly also finds that school-age children may be particularly affected by food-borne illness due to their employment in fast food restaurants and due to preparation of food at home by students who have both parents working outside of the home. The General Assembly further finds that education in food-borne illness must be strengthened in public schools to ensure the health and safety of all children.
      1. The Commissioner of Elementary and Secondary Education shall provide a clearinghouse for instructional materials on food handling safety.
      2. These materials shall be developmentally appropriate for students at each of the three (3) grade clusters used in the Arkansas Health Framework: kindergarten through grade four (K-4); grades five through eight (5-8); and grades nine through twelve (9-12).
    1. The commissioner shall encourage collaborative efforts between the Division of Elementary and Secondary Education and other agencies and organizations in accessing developmentally appropriate instructional materials on food handling safety.
    2. The commissioner shall ensure that any instructional materials on food handling safety accessible to public schools through this clearinghouse shall be in alignment with the Arkansas Health Framework in dealing with health promotion and disease prevention; health information, products, and services; health behaviors and health risks; health-enhancing skills; and personal, family, and community health.

History. Acts 1997, No. 1274, §§ 1, 2; 2019, No. 910, §§ 1315, 1316.

A.C.R.C. Notes. Former § 6-16-126 is now codified as § 6-16-124(c).

Amendments. The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b)(1)(A); and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(2).

6-16-127. Arkansas Foreign Language Teacher Training Program.

  1. This section and § 6-16-128 shall be known as “The Arkansas Foreign Language Act of 1999”.
  2. There is hereby created the Arkansas Foreign Language Teacher Training Program. The purpose of this program is to:
    1. Encourage undergraduate students who intend to teach in the state's public schools to pursue a foreign language degree;
    2. Encourage currently licensed foreign language teachers to pursue additional training or an advanced degree in a foreign language;
    3. Encourage licensed personnel to add foreign language to their areas of licensure; and
    4. Encourage individuals to seek licensure as a foreign language teacher in grades kindergarten through eight (K-8).
  3. The Division of Higher Education, in consultation with the Division of Elementary and Secondary Education and representatives of the state's foreign language educators, shall develop a request-for-proposals process whereby Arkansas institutions of higher education with teacher training programs may apply for funding, not to exceed three (3) years, to enhance their foreign language teacher training program.
    1. The awards granted under the provisions of this section and § 6-16-128 may be funded by donations, grants, or legislative appropriation.
    2. All donations, grants, and appropriations received shall be accounted for by the Division of Higher Education.
    3. The Director of the Division of Higher Education may solicit and receive donations and grants for the purpose of making awards.
    4. The provisions of this section and § 6-16-128 shall be contingent on the appropriation and funding necessary to allow the Division of Higher Education to carry out the duties assigned it in this section and § 6-16-128.

History. Acts 1999, No. 1573, §§ 1, 2; 2013, No. 1138, § 23; 2019, No. 910, §§ 1317, 1318.

A.C.R.C. Notes. Former §§ 6-16-127 is now codified as § 6-16-126(a).

Amendments. The 2013 amendment substituted “licensed” for “certified” or similar language in (b)(2) through (b)(4).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c); and substituted “Division of Higher Education” for “Department of Higher Education” in (c), (d)(2), (d)(3), and (d)(4).

6-16-128. Arkansas Early Grades Foreign Language Pilot Program.

  1. There is hereby created the Arkansas Early Grades Foreign Language Pilot Program. The purpose of this program is to encourage the development of new foreign language programs for students in kindergarten through grade six (K-6), with an emphasis on Spanish.
  2. The Division of Elementary and Secondary Education, in consultation with the Division of Higher Education and representatives of the state's foreign language educators, shall develop a request-for-proposals process whereby public schools serving students in kindergarten through grade six (K-6) may apply for funding, not to exceed three (3) years, to establish a foreign language training program, with an emphasis on Spanish.
    1. The awards granted under the provisions of this section and § 6-16-127 may be funded by donations, grants, or legislative appropriation.
    2. The Commissioner of Elementary and Secondary Education may solicit and receive donations and grants for the purpose of making awards.
    3. All donations, grants, and appropriations received shall be accounted for by the Division of Elementary and Secondary Education.
    4. The provisions of this section and § 6-16-127 shall be contingent on the appropriation and funding necessary to allow the Division of Elementary and Secondary Education to carry out the duties assigned to it in this section and § 6-16-127.

History. Acts 1999, No. 1573, § 3; 2019, No. 910, § 1319.

A.C.R.C. Notes. Former §§ 6-16-127 is now codified as § 6-16-126(b).

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b), (c)(3), and (c)(4); substituted “Division of Higher Education” for “Department of Higher Education” in (b); and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (c)(2).

6-16-129. Gun violence prevention.

  1. The board of directors of every public school in the state may declare one (1) week in October of each academic year to be Gun Violence Prevention Week for grades kindergarten through six (K-6).
  2. Any school in the state may develop and present an awareness program or participate in other activities for the purpose of diminishing gun violence.

History. Acts 2001, No. 624, § 1.

6-16-130. Visual art or music.

    1. A public elementary school in the state shall provide instruction for at least forty (40) minutes, as determined by the superintendent of the school district, in visual art and at least forty (40) minutes, as determined by the superintendent of the school district, in music based on the state visual art and music frameworks each calendar week of the school year or an equivalent amount of time in each school year.
      1. Every student in grades one through six (1-6) shall participate in the visual art and music class required in this subsection.
      2. Children with disabilities or other special needs shall be included in the visual art and music programs.
    2. The instruction required by subdivision (a)(1) of this section shall be provided by a teacher licensed to teach art or music, as applicable.
      1. The Division of Elementary and Secondary Education shall provide a stipend of not less than one hundred dollars ($100) per class to each school for the purchase of necessary supplies or equipment for the classes required by this subsection.
      2. Subdivision (a)(4)(A) of this section shall be contingent on the appropriation and availability of funding for that purpose.
  1. A student enrolled in grade seven (7) or grade eight (8) shall participate in:
    1. Visual arts instruction, appreciation, and application; or
    2. Performing arts instruction, appreciation, and application.

History. Acts 2001, No. 1506, § 1; 2005, No. 245, § 1; 2013, No. 599, § 1; 2013, No. 1138, §§ 24, 25; 2015, No. 1079, § 1; 2019, No. 910, § 1320.

Amendments. The 2013 amendment by No. 599 added (c) [now (b)].

The 2013 amendment by No. 1138 substituted “licensed” for “certified” in (a)(3); and substituted “teacher licensed” for “licensed teacher certified” in (b)(3) [now (a)(3)].

The 2015 amendment deleted former (a); redesignated former (b) as (a); and, in (a)(1), substituted “A” for “By no later than June 1, 2005, every”, substituted “at least” for “no less than” twice, and inserted “as determined by the superintendent of the school district” twice.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(4)(A).

RESEARCH REFERENCES

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2005 Arkansas General Assembly, Education Law, 28 U. Ark. Little Rock L. Rev. 347.

6-16-131. [Repealed.]

Publisher's Notes. This section, concerning future art and music teachers pilot program, was repealed by Acts 2017, No. 929, § 2. The section was derived from Acts 2001, No. 1506, § 2.

6-16-132. Physical education.

  1. The General Assembly finds that:
    1. Research has shown that active children become active adults;
    2. Children who engage in physical education at school are twice as likely to engage in physical activity outside of school;
    3. Research has shown that physical exercise contributes to maximizing brain function by increasing cerebral blood flow and levels of brain cell growth hormone; and
    4. Research has shown that physical exercise decreases the incidence of clinical depression, even for persons diagnosed with cancer.
      1. The physical education curriculum and physical activity requirements for every public school student who is able to participate are:
        1. Except as provided in subdivision (b)(1)(A)(ii) of this section, for students in kindergarten through grade six (K-6):
          1. At least forty (40) minutes, as determined by the superintendent of the school district, of physical education training and instruction each calendar week of the school year; and
          2. Ninety (90) minutes of physical activity each calendar week of the school year, which may include without limitation daily recess, physical education instruction in addition to the requirement of subdivision (b)(1)(A)(i)(a) of this section, or intramural sports;
        2. For students in grades five through eight (5-8) who attend a public school organized to teach grades five through eight (5-8), or any combination thereof, at least forty (40) minutes, as determined by the superintendent of the school district, of physical education training and instruction each calendar week of the school year or an equivalent amount of time in each school year with no additional requirement for physical activity; and
        3. For students in grades nine through twelve (9-12), one-half (½) unit of physical education as required for high school graduation with no additional requirement for physical activity.
      2. Nothing in subdivision (b)(1)(A) of this section prohibits:
        1. A public school student's elective enrollment or voluntary participation in physical activity or physical education as a part of public school curriculum or extra-curricular activities; or
        2. A school district's decision to require physical education instruction or physical activity in excess of the amounts identified in subdivision (b)(1)(A) of this section.
    1. The physical education training and instruction shall be designed to:
      1. Improve the health of this state's school children;
      2. Increase knowledge about the health benefits of physical activity and exercise;
      3. Develop behavioral and motor skills that promote a lifelong commitment to healthy physical activity;
      4. Promote health-focused physical activity among children and adolescents; and
      5. Encourage physical activity outside of physical education.
    2. Suitable modified courses shall be provided for students physically or mentally unable or unfit to take the course or courses prescribed for other pupils.
      1. A student may be exempted from physical education and physical activity requirements by seeking a waiver from the local school district board of directors.
      2. The local school district board of directors may grant such a waiver based on the following criteria:
        1. The student must present a statement by the student's attending physician indicating that participation in physical education and physical activity will jeopardize the student's health and well-being; or
          1. The parent and student must show that attending physical education classes will violate the student's religious beliefs and would not be merely a matter of personal objection.
          2. The parent or student must be members of a recognized religious faith that objects to physical education as part of its official doctrine or creed.
          3. The local school district board of directors shall encourage a student granted a waiver under subdivision (b)(4) of this section to take, as an alternative to physical education, appropriate instruction in health education or other instruction in lifestyle modification if an exemption is granted pursuant to this section.
          4. Each school shall develop a physical education program that fits effectively and efficiently into the school's existing organization while incorporating the goals of this section.
          5. Nothing in this section shall be construed to require any school or school district to hire personnel licensed in physical education.
          6. The State Board of Education shall submit to the House Committee on Education and the Senate Committee on Education for the House Committee on Education's review and the Senate Committee on Education's review any proposed rules regarding physical education or physical activity standards for kindergarten through grade twelve (K-12) developed pursuant to this section that exceed the maximums identified in subdivision (b)(1) of this section.

History. Acts 2001, No. 1748, §§ 1, 2; 2003, No. 1729, § 1; 2007, No. 317, §§ 1, 2; 2007, No. 1573, § 54; 2013, No. 1138, § 26; 2015, No. 1079, § 2.

Amendments. The 2013 amendment substituted “licensed” for “certified” in (e).

The 2015 amendment substituted “At least forty (40) minutes, as determined by the superintendent of the school district” for “Sixty (60) minutes” in (b)(1)(A)(i) (a) and (b)(1)(A)(ii).

6-16-133. World War II veterans.

  1. In recognition of and tribute to veterans who left high school before graduation to serve in World War II, a board of directors of any school district in Arkansas may grant a diploma of graduation to any veteran meeting the requirements of subsection (c) of this section.
  2. School districts are encouraged to present the diploma in conjunction with appropriate Veterans Day programs.
  3. To be eligible for a high school diploma under this section, a veteran shall:
    1. Have been honorably discharged from the United States Armed Forces;
    2. Be a resident of the State of Arkansas; and
    3. Have served between September 16, 1940, and December 31, 1946, and:
      1. Have served a minimum of eighteen (18) consecutive months' active duty; or
      2. Have been discharged with a service-connected disability.
    1. The State Board of Education shall adopt rules to implement the provisions of this section.
    2. The state board shall consult with the Department of Veterans Affairs in developing rules to implement the provisions of this section.

History. Acts 2003, No. 216, § 1; 2019, No. 315, § 217.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (d)(1) and (d)(2).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, High School Graduation Requirements, 26 U. Ark. Little Rock L. Rev. 382.

6-16-134. Veterans’ diplomas.

  1. In recognition of and tribute to veterans who left high school before graduation to serve in the Korean War or the Vietnam War, a board of directors of any school district in Arkansas may grant a diploma of graduation to any veteran meeting the requirements of subsection (c) of this section.
  2. School districts are encouraged to present the diploma in conjunction with appropriate Veterans Day programs.
  3. To be eligible for a high school diploma under this section, a veteran shall:
    1. Have been honorably discharged from the United States Armed Forces;
    2. Be a resident of the State of Arkansas; and
    3. Have served a minimum of eighteen (18) consecutive months' active duty or have been discharged with a service-connected disability, if:
      1. A veteran of the Korean War who served between June 1, 1950, and January 1, 1954; or
      2. A veteran of the Vietnam War who served between July 3, 1965, and May 15, 1975.
    1. The State Board of Education shall adopt rules to implement the provisions of this section.
    2. The state board shall consult with the Department of Veterans Affairs in developing rules to implement the provisions of this section.

History. Acts 2003, No. 453, § 1; 2019, No. 315, § 218.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (d)(1) and (d)(2).

6-16-135. Personal and family finance standards.

  1. The Division of Elementary and Secondary Education, in consultation with the Division of Career and Technical Education and subject to the approval of the State Board of Education, shall develop personal and family finance standards.
  2. The standards shall include the following material concerning personal and family finance:
    1. Income, including without limitation taxes;
    2. Money management, including without limitation:
      1. Household budget creation;
      2. Banking practices, including savings account and checking account maintenance;
      3. Insurance;
      4. Charitable giving; and
      5. Long-term financial planning;
    3. Spending and credit, including without limitation:
      1. Basic consumer finance;
      2. Identity fraud and theft;
      3. Home ownership;
      4. Debt management;
      5. Credit management;
      6. Bankruptcy; and
      7. Consumer protection;
    4. Saving and investing, including without limitation:
      1. Methods of saving;
      2. Methods of investing;
      3. Retirement planning;
      4. Risk and return; and
      5. Regulation of savings and investment; and
    5. Preparing for employment, including without limitation:
      1. Decision making and employment choices;
      2. Job seeking skills, including resume building and interview skills;
      3. Understanding paychecks, including without limitation:
        1. I-9 forms;
        2. W-4 forms; and
        3. Income tax deductions;
      4. Employment benefits;
      5. Soft job skills, including without limitation:
        1. Communication;
        2. Time management; and
        3. Meeting basic employer expectations and requirements;
      6. The differences between salaried and hourly employment; and
      7. Overtime.
  3. Beginning with the entering ninth grade class of the 2017-2018 school year, each public high school student shall be required before graduation to earn a credit in a course taken in grade nine (9), grade ten (10), grade eleven (11), or grade twelve (12) that includes the personal and family finance standards under subsection (b) of this section.

History. Acts 2003 (2nd Ex. Sess.), No. 42, § 1; 2017, No. 480, § 1; 2019, No. 466, § 1; 2019, No. 910, § 1321.

A.C.R.C. Notes. As enacted, subdivision (a)(1) began: “By May 1, 2004, the”.

As enacted, this section contained additional language which read: “Textbook recommendations shall be provided to each school district and the House Interim Committee on Education and the Senate Interim Committee on Education no later than May 30, 2004.”

Amendments. The 2017 amendment substituted “and family finance standards” for “finance course content” in the section heading; substituted “personal and family finance standards” for “personal finance course content guidelines and recommend textbooks to be used in a personal finance course” in (a); rewrote (b); and added (c).

The 2019 amendment by No. 466, in (c), inserted “nine (9), grade” and added “under subsection (b) of this section”.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Division of Career and Technical Education” for “Department of Career Education” in (a).

6-16-136. Statewide coordination of distance learning.

  1. The General Assembly finds that:
    1. Arkansas public schools face a serious shortage of teachers;
    2. Educational technology can help lift the burden of teacher shortages by making distance learning available across the state; and
    3. Distance learning should be available to every Arkansas student who wishes to participate.
      1. The Division of Elementary and Secondary Education shall promulgate the rules necessary for efficient scheduling of courses offered by public schools through distance learning technologies.
      2. The rules shall apply beginning for the 2004-2005 school year.
    1. A public school that offers courses through distance learning technologies shall comply with the rules promulgated pursuant to this section.

History. Acts 2003 (2nd Ex. Sess.), No. 53, § 1; 2019, No. 910, § 1322.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(1)(A).

6-16-137. Physical education credit for physical activity courses — Definitions.

  1. For the purposes of this section:
    1. “Content standards” means those curriculum course content standards identified and set out in the Division of Elementary and Secondary Education curriculum frameworks;
    2. “Curriculum frameworks” means those content-specific requirements identified and mandated pursuant to § 6-15-1501 [repealed] and § 6-15-1502 et seq. and the Standards for Accreditation of Arkansas Public Schools and School Districts;
    3. “Organized physical activity course” means a school course that:
      1. Is taught by an instructor who is licensed or qualified in physical education pursuant to the rules of the State Board of Education; and
      2. Involves body movement produced by skeletal muscles resulting in energy expenditures through organized group or class activities; and
    4. “Statement of assurance” means a written statement to be filed by the superintendent or chief academic officer with the Division of Elementary and Secondary Education by October 1 of each school year that ensures that the organized physical activity course is in compliance with the physical education course content standards and curriculum frameworks as required pursuant to § 6-15-1505 and subdivision (b)(2) of this section.
  2. Beginning in the 2005-2006 school year, a student in grades nine through twelve (9-12) participating in and successfully completing an organized physical activity course in his or her school shall be eligible to receive one-half (½) unit of physical education credit required for graduation if:
    1. The organized physical activity course is aligned to the division's physical education course content standards and curriculum frameworks; and
    2. The organized physical activity course is verified by the superintendent of the school district or the chief administrative officer of an open-enrollment charter school who files a written statement of assurance with the division by October 1 of the school year as required under § 6-15-1505 stating that:
      1. The instructor of the organized physical activity course is licensed or qualified in physical education pursuant to the rules of the state board;
      2. The organized physical activity course is aligned to the division's physical education course content standards and curriculum frameworks; and
      3. The organized physical activity course is subject to the provisions of § 6-18-501 et seq.
  3. A student is limited to only the one-half (½) unit of physical education credit for graduation for the organized physical activity course, and the student shall not be allowed any other credit toward graduation for that same course.
  4. A student must complete the entire semester and pass the physical activity course to receive the one-half (½) unit of physical education credit required for graduation.
  5. The organized physical activity course shall take place during the regular school day to qualify for physical education credit, except for those organized physical activity courses outside the regular school day that are listed on the school district's master schedule.
    1. If it is determined by the division that any organized physical activity course allowed to be used for physical education credit by a student does not meet the division's physical education course content standards and curriculum frameworks, as required under this section, the school district or open-enrollment charter school may be cited or placed in probationary violation of the Standards for Accreditation of Arkansas Public Schools and School Districts under The Quality Education Act of 2003, § 6-15-201 et seq.
    2. If it is determined by the division that a superintendent or chief academic officer or any other licensed personnel have knowingly provided false or misleading information in the statement of assurance required under this section, the state board may take appropriate action on the license of that individual pursuant to § 6-17-410.
  6. The division is authorized to monitor, review documentation, request information, or require additional reports from public schools, school districts, open-enrollment charter schools, or school personnel to enforce compliance with the requirements of this section.
  7. Notwithstanding the provisions of this section, it is recognized that organized physical activity courses as set forth under subsection (b) of this section are not a requirement for an adequate education and shall not be considered a core academic requirement of the State of Arkansas or of public school districts.
  8. The state board may promulgate rules necessary to implement this section.

History. Acts 2005, No. 660, § 1; 2013, No. 1138, § 27; 2019, No. 910, §§ 1323-1326.

Amendments. The 2013 amendment substituted “licensed” for “certified” in (f)(2).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); substituted “Division of Elementary and Secondary Education” for “department” in (a)(4); substituted “division” for “department” in (b)(2), (f)(1), (f)(2), and (g); and substituted “division’s” for “department’s” in (f)(1).

6-16-138. [Repealed.]

Publisher's Notes. This section, concerning academic credit for student mentoring, was repealed by Acts 2007, No. 1573, § 55. The section was derived from Acts 2005, No. 2150, § 1.

6-16-139. Technology curriculum.

  1. In order to prepare public school students in the State of Arkansas for successful participation in a growing knowledge-based economy and technology-rich world and to improve student achievement, the public school curriculum must integrate technology into the educational process.
      1. In order to further the intent of this section, the Division of Science and Technology of the Arkansas Economic Development Commission, with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, shall develop a knowledge-based technology curriculum for use in grades seven through twelve (7-12).
      2. The curriculum shall be organized into a scope and sequence that constitutes a plan for achieving the educational objectives necessary for an adequate education as described in § 6-20-2302 and shall include the following components for each course in the curriculum:
        1. A collection of the substantive material used to teach a particular subject matter;
        2. Lesson plans; and
        3. Recommendations for activities and other learning processes.
    1. The curriculum shall be developed in sufficient time to allow for implementation in the 2007-2008 school year.

History. Acts 2005, No. 2266, § 1; 2015 (1st Ex. Sess.), No. 7, § 68; 2015 (1st Ex. Sess.), No. 8, § 68.

Amendments. The 2015 amendment by identical Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 rewrote (b)(1)(A).

6-16-140. Vocational or technical course awards.

  1. A student who successfully completes an approved vocational or technical career pathway or program of study at a public high school shall be awarded a certificate of attainment that shall be:
    1. Aligned in the appropriate career pathway or program of study; and
    2. Used for consideration of acceptance and advanced placement into an apprenticeship training program.
  2. The Division of Career and Technical Education in cooperation with the Division of Elementary and Secondary Education shall determine and issue the appropriate award to a student upon successful completion of the vocational or technical career pathway or program of study.
  3. The Division of Career and Technical Education is authorized to promulgate rules as necessary for the implementation of this section.

History. Acts 2009, No. 1376, § 1; 2019, No. 910, § 1327.

Amendments. The 2019 amendment substituted “Division of Career and Technical Education” for “Department of Career Education” in (b) and (c); and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b).

6-16-141. Credit for participating in Junior Reserve Officers’ Training Corps.

A student who completes two (2) semesters of a Junior Reserve Officers’ Training Corps program shall receive credit for both of the following requirements for graduation from high school under the rules of the State Board of Education:

  1. One-half (½) unit of physical education; and
  2. One-half (½) unit of health and safety education.

History. Acts 2011, No. 1231, § 1.

6-16-142. American Sign Language as modern language or foreign language — Definition.

  1. As used in this section, “American Sign Language” means the visual natural language recognized globally that is linguistically complete with unique rules for language structure and use, including without limitation phonology, morphology, syntax, semantics, and discourse.
    1. American Sign Language may be taught in the public schools of the state as a modern language or foreign language.
    2. An American Sign Language course shall:
      1. Adhere to standards of rigor and proficiency consistent with content standards and curriculum frameworks for foreign language courses developed by the State Board of Education; and
      2. Receive academic credit equal to other foreign language courses.
  2. The state board shall promulgate rules for the licensure and curriculum requirements necessary to implement this section.

History. Acts 2013, No. 328, § 1.

6-16-143. Cardiopulmonary resuscitation instruction.

  1. Beginning with the 2014-2015 school year, a public school student in grades nine through twelve (9-12) shall be trained in quality psychomotor skill bases in cardiopulmonary resuscitation before the student graduates from high school.
  2. The course shall not be a certification process but shall follow the standards established by the American Heart Association, the American Red Cross, or another nationally recognized organization that uses current, evidence-based emergency cardiac care guidelines and incorporates psychomotor skill development in the instruction and the use of automated external defibrillators.

History. Acts 2013, No. 1016, § 1.

6-16-144. Arts-Enriched Curriculum Program.

  1. The General Assembly finds that:
    1. Integration of the arts is an effective tool to reinforce the rigor and relevance specific to the newly adopted Common Core State Standards;
    2. Research indicates that:
      1. An arts-infused curriculum offers a powerful tool to promote student academic achievement and personal growth by motivating students who may be disaffected from the learning process; and
      2. Academic disciplines such as reading, writing, languages, social studies, science, and math are reinforced through an arts-infused curriculum;
    3. The value of infusing the arts into the core curriculum of the public schools has been supported and advanced in some Arkansas schools and in several other states; and
    4. A program that provides for the development of arts-infused pilot schools can serve an important public policy function by determining if the strategies used by the pilot schools are effective and can be successfully replicated in public schools throughout the state to enhance overall student performance.
  2. There is established the Arts-Enriched Curriculum Program, a five-year pilot program funded through grants administered by the Division of Elementary and Secondary Education to implement an arts-enriched curriculum, training, and research at fifteen (15) schools over the five-year period.
  3. The goals of the pilot program are, without limitation, to:
    1. Prepare students for educational achievement by developing imagination, reasoning, judgment, and the critical thinking skills necessary for problem-solving and decision-making through:
      1. An arts-enriched curriculum based on Common Core State Standards that is infused daily with drama, dance, visual art, and writing;
      2. Interdisciplinary thematic units and cross-curricular integration;
      3. Experiential learning;
      4. Teaching methods that incorporate multiple learning pathways; and
      5. Ongoing enriched assessments that include learning, reflection, and self-assessment; and
    2. Improve the climate and infrastructure of the school through:
      1. Professional development training;
      2. Collaboration among leaders and teachers in the school; and
      3. Research and evaluation of the implementation of the pilot program in the school.
    1. A school may apply to participate in the pilot program if:
      1. The school is a public elementary or secondary school; and
      2. The principal and at least eighty-five percent (85%) of the teachers agree to participate.
    2. A school shall be selected for the pilot program based on:
      1. Need and commitment of a school's faculty and staff;
      2. The size of the student body and its demographic and geographic diversity; and
      3. Available funding.
    1. Pilot schools shall participate on the following schedule of professional development training:
      1. Five (5) schools shall begin three (3) years of training in the 2014-2015 school year;
      2. An additional five (5) schools shall begin three (3) years of training in the 2015-2016 school year; and
      3. An additional five (5) schools shall begin three (3) years of training in the 2016-2017 school year.
    2. For the three (3) years that a school participates, the principal and faculty at the school shall receive professional development training for integrating the arts as a medium to teach the concepts under the Common Core State Standards as follows:
      1. In the first year of participation, training shall be provided for seven (7) days, with monthly follow-up;
      2. In the second year of participation, training shall be provided for five (5) days, with monthly follow-up; and
      3. In the third year of participation, training shall be provided for four (4) days, with monthly follow-up.
    1. The grant recipient shall evaluate the effectiveness of the pilot program in each participating school by measuring:
      1. Student academic achievement;
      2. Increased student engagement;
      3. Disciplinary referral trends; and
      4. Increased student interest in school and attendance trends.
    2. The grant recipient shall provide access to the research and data to the:
      1. House Committee on Education and Senate Committee on Education through the Bureau of Legislative Research; and
      2. Division.
      1. By September 1, 2020, the grant recipient shall prepare and provide a written report on the research from the pilot program to the House Committee on Education and Senate Committee on Education.
      2. The House Committee on Education or the Senate Committee on Education may request one (1) or more interim reports on the progress of the pilot program.

History. Acts 2013, No. 1108, § 1; 2019, No. 910, §§ 1328, 1329.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b) and (f)(2)(B).

6-16-145. Academic study of the Bible course.

    1. The State Board of Education shall allow for an elective academic study of the Bible course or courses that consist of a nonsectarian, nonreligious academic study of the Bible and its influence on literature, art, music, culture, and politics to be offered to students in public schools or school districts if the academic study of the Bible course meets the standards listed in this section.
    2. The curriculum standards submitted by a public school or school district for approval of an academic study of the Bible course shall meet the:
      1. Academic rigor and curriculum standards of other elective courses approved by the state board; and
      2. Requirements of the Arkansas Constitution and the United States Constitution.
    1. A public school or school district that elects to offer an academic study of the Bible course shall implement the course in accordance with the Arkansas Constitution and the United States Constitution, including the manner in which the course is taught in the classroom and the assignment of public school or school district personnel teaching the course.
    2. Personnel assigned to teach the course shall be licensed to teach in the State of Arkansas.
    3. Personnel shall not be assigned to teach the course based on any:
      1. Religious test;
      2. Profession of faith or lack of faith;
      3. Prior or present religious affiliation or lack of affiliation; or
      4. Criteria involving particular beliefs or lack of beliefs about the Bible.
  1. An academic study of the Bible course offered by a public school or school district shall:
    1. Be taught in an objective and nondevotional manner with no attempt made to indoctrinate students as to either the truth or falsity of the biblical materials or texts from other religious or cultural traditions;
    2. Not include teaching of religious doctrine or sectarian interpretation of the Bible or of texts from other religious or cultural traditions; and
    3. Not disparage or encourage a commitment to a set of religious beliefs.
  2. A public school or school district that elects to offer an academic study of the Bible course shall use only the standards in this section to:
    1. Evaluate textbooks for an academic study of the Bible course; and
    2. Teach an academic study of the Bible course.
  3. The Division of Elementary and Secondary Education shall, by the 2019-2020 school year, identify, develop, and approve a Bible course for high school credit that meets the requirements in subsections (a)-(c) of this section.

History. Acts 2013, No. 1440, § 1; 2019, No. 1016, § 1.

A.C.R.C. Notes. Acts 2013, No. 1440 § 2, provided:

“(a) The State Board of Education shall apply the existing adopted rules governing elective course offerings and permitting a school district to adopt and teach elective courses to a school district that chooses to adopt and teach an academic study of the Bible course as an elective course.

“(b) This act does not require the state board to adopt new rules, standards, or curriculum frameworks.”

Amendments. The 2019 amendment substituted “public schools or school districts” for “public school districts” in (a)(1) and made similar changes throughout the section; and added (e).

6-16-146. Cursive writing.

  1. Beginning in the 2015-2016 school year, every public elementary school shall teach cursive writing as a component of English language arts by the end of grade three (3).
  2. The State Board of Education shall adopt rules to administer this section that shall address the required curriculum components and appropriate grade levels to teach cursive writing.

History. Acts 2015, No. 160, § 1.

6-16-147. Computer science — Required course offering.

  1. Beginning in the 2015-2016 school year, a public high school or public charter high school shall offer at least one (1) computer science course at the high school level.
  2. A computer science course offered by a public high school or public charter high school shall:
    1. Be of high quality;
    2. Meet or exceed the curriculum standards and requirements established by the State Board of Education; and
    3. Be made available in a traditional classroom setting, blended learning environment, online-based, or other technology-based format that is tailored to meet the needs of each participating student.

History. Acts 2015, No. 187, § 1.

6-16-148. Foundation of certain social studies or history courses offered in grades seven through twelve.

  1. The following social studies or history courses offered in grades seven through twelve (7-12) include a relevant review of United States history from the period of colonization through 1890, specifically including the colonial period, the American Revolution, the foundations of the United States Government, and the American Civil War:
    1. A social studies or history course conditioned upon knowledge of historical events from the colonial period to modern times of United States history for which graduation credit is or may be received, except for advanced placement courses;
    2. Civics;
    3. United States after 1890;
    4. United States Government; and
    5. A current or future social studies or history course that could benefit from a study of the period of history identified in this section.
  2. The State Board of Education shall adopt or amend rules as necessary to implement this section.

History. Acts 2015, No. 1284, § 2.

A.C.R.C. Notes. Acts 2015, No. 1284, § 1, provided: “(a) The General Assembly finds that the social studies curriculum guidelines adopted by the State Board of Education effective in July 2015 are insufficient and only require the history of the United States for the time period of:

“(1) The beginning of the United States through 1820 in grade five (5);

“(2) 1820 thorough 1900 for grade eight (8); and

“(3) Post 1890 United States history in unspecified high school grades.

“(b) The General Assembly further finds that it is possible for a student to only learn about the critical early years of United States history in grade five (5).”

6-16-149. United States citizenship civics test.

    1. Beginning in the 2018-2019 school year, in order to receive a high school diploma from a public school or a high school equivalency diploma from a state entity, a student shall:
      1. Take a test that is identical to the civics portion of the naturalization test used by the United States Citizenship and Immigration Services; and
      2. Correctly answer at least sixty (60) of the one hundred (100) test questions.
    2. A student may retake the test as many times as necessary to achieve a passing score.
  1. The State Board of Education shall determine the method and manner by which to administer a test that is identical to the civics portion of the naturalization test used by the United States Citizenship and Immigration Services.
  2. The requirement under subsection (a) of this section shall not apply to a student who:
    1. Is exempted in accordance with the student's individualized education program;
    2. Attends school in the Corrections School System under § 12-29-301 et seq.; or
    3. Is over eighteen (18) years of age and seeking a high school equivalency diploma.

History. Acts 2017, No. 478, § 1.

6-16-150. Credit for completing military basic training.

A student in high school who enlists in a branch of the United States Armed Forces or the National Guard through the military delayed entry program, the National Guard Split Training Option, or other similar early entry program and completes basic training before graduating from high school shall receive two (2) units of the career focus graduation requirements under the Standards for Accreditation of Arkansas Public Schools and School Districts adopted by the State Board of Education.

History. Acts 2017, No. 1064, § 1.

6-16-151. Activities — Payments prohibited — Definitions.

  1. As used throughout Title 6, unless otherwise provided:
    1. “Extracurricular activity” means an intraschool activity not included in a regular curriculum, including without limitation sports and special interest clubs or groups;
    2. “Interscholastic activity” means an interschool activity not included in a regular curriculum, including without limitation sports and special interest clubs or groups that are subject to regulations of the Arkansas Activities Association; and
    3. “Organized physical activity course” means a school course that:
      1. Is taught by an instructor who is licensed or qualified in physical education under State Board of Education rules; and
      2. Involves body movement produced by skeletal muscles resulting in energy expenditures through organized group or class activities.
  2. A public school student who participates in an extracurricular activity, interscholastic activity, or organized physical activity shall not be required to pay for individual or group instruction in order to participate in the extracurricular activity, interscholastic activity, or organized physical activity.

History. Acts 2019, No. 847, § 1.

Subchapter 2 — Kindergarten Generally

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-16-201. Kindergarten — Availability in each school district.

All school districts in the State of Arkansas shall offer a kindergarten program and make it available to all eligible children within the boundary of each school district.

History. Acts 1983, No. 375, § 1; A.S.A. 1947, § 80-1646a.

6-16-202. [Repealed.]

Publisher's Notes. This section, concerning kindergarten instructional materials, was repealed by identical Acts 1995, Nos. 280 and 605, § 14. The section was derived from Acts 1979, No. 105, §§ 1, 2; A.S.A. 1947, §§ 80-1646.1, 80-1646.2; Acts 1987, No. 73, § 1. For present law, see § 6-21-401 et seq.

6-16-203. Readiness testing.

  1. The Division of Elementary and Secondary Education shall develop guidelines for school districts to perform readiness testing for children who are entering kindergarten.
    1. After the division develops guidelines under subsection (a) of this section, each school district in the state shall conduct individual readiness testing on each child entering kindergarten and provide the results of the testing to the child's parents in a timely manner before the child's first day of school.
    2. The results of the testing that are provided to parents shall indicate in clear, understandable terminology the child's readiness for entering kindergarten.

History. Acts 2001, No. 1552, § 1; 2019, No. 910, § 1330.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” in (b)(1).

Subchapter 3 — Early Childhood and Adult Education Act

Cross References. Vocational and technical education, § 6-50-101 et seq.

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-16-301. Title.

This subchapter shall be known as the “Early Childhood and Adult Education Act of 1969”.

History. Acts 1969, No. 63, § 1; A.S.A. 1947, § 80-1644.

6-16-302. Administration of federal funds.

  1. The State Board of Education or the Career Education and Workforce Development Board is designated as the state agency or authority to receive and administer all available federal funds or those funds which may hereafter become available for early childhood education or adult education of less than college grade.
  2. This provision shall be applicable except in instances in which the United States Congress specifically provides for some other state agency, institution, or state official to receive and administer specific federal grants in these areas.
  3. The state agency or authority shall disburse any and all federal funds in accordance with federal and state statutes and any implementing federal regulations or state rules pertaining thereto.

History. Acts 1969, No. 63, § 4; A.S.A. 1947, § 80-1647; Acts 2019, No. 315, § 219.

Amendments. The 2019 amendment substituted “federal regulations or state rules” for “regulations” in (c).

6-16-303. Acceptance of gifts, grants, donations, etc.

The State Board of Education or school district boards of directors may accept gifts, grants, donations, equipment and materials, and bequests of money and real and personal property for the purposes of this subchapter.

History. Acts 1969, No. 63, § 5; A.S.A. 1947, § 80-1648.

6-16-304. Limits on expenditure.

The expenditure of moneys by either the State Board of Education or school district boards of directors shall be limited to projects, programs, research, or demonstrations in early childhood education and in adult education which are under the control and management of public boards or commissions.

History. Acts 1969, No. 63, § 5; A.S.A. 1947, § 80-1648.

6-16-305. Funds for research and demonstration centers — Consultative services.

  1. Irrespective of any language in this subchapter, nothing prohibits the General Assembly from providing funds to establish centers for research or demonstration purposes in order to provide state-level leadership in early childhood education.
  2. In such instances, however, the funds shall be appropriated for the use of the State Board of Education and shall be subject to cooperative agreements in writing between the Division of Elementary and Secondary Education and the sponsoring teacher training institutions or school districts.
  3. Available funds may be used by the division for the purpose of securing consultative services.
    1. In that eventuality, the division shall certify that the expenditures are reasonable and are within customary amounts paid for the services.
    2. An annual report of the expenditures shall be filed with the Department of Finance and Administration, the Legislative Council, and the Legislative Joint Auditing Committee.
  4. Moreover, full-time state employees shall not be reimbursed for consultative services but may be reimbursed for expenses incurred in participating in these programs in instances where their services have been authorized by the Commissioner of Elementary and Secondary Education or the Director of the Division of Career and Technical Education.

History. Acts 1969, No. 63, § 8; A.S.A. 1947, § 80-1651; Acts 2009, No. 376, § 21; 2019, No. 910, § 1331.

Amendments. The 2009 amendment substituted “State Board of Education” for “board” in (b); and made minor stylistic changes in (a) and (b).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b), (c), and (d)(1); and, in (e), substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” and “Division of Career and Technical Education” for “Department of Career Education”.

6-16-306. Vocational-technical high schools.

  1. Nothing in this subchapter shall be construed as prohibiting a school district from operating a designated, approved area vocational-technical high school in keeping with federal or state legislation and Career Education and Workforce Development Board rules pertaining thereto.
  2. Enrollments in area vocational-technical high schools include domiciliary residents and residents from outside the school district.
  3. Enrollments in such institutions may include students twenty-one (21) years of age or younger and students twenty-one (21) years of age or older.
  4. The provision found in § 6-16-308 prohibiting students who have attained the age of twenty-one (21) from attending the public schools from kindergarten through grade twelve (K-12) shall not be applicable with reference to the area vocational-technical high school.

History. Acts 1969, No. 63, § 12; A.S.A. 1947, § 80-1655; Acts 2009, No. 376, § 22; 2019, No. 315, § 220.

Amendments. The 2009 amendment made minor stylistic changes in (c).

The 2019 amendment substituted “rules” for “regulations” in (a).

6-16-307. Rules and regulations for orderly school operation.

  1. Nothing in this subchapter shall be construed to limit a school district's power to adopt reasonable rules, regulations, and policies not inconsistent with the purposes of this subchapter to ensure continued orderly operation of schools, including adult education and area vocational-technical high schools.
  2. Such powers include the right of expulsion for student participation in any activity which tends, in the opinion of the school district's board of trustees, to disrupt, obstruct, or interfere with orderly education processes.

History. Acts 1969, No. 63, § 13; A.S.A. 1947, § 80-1656.

Case Notes

Expulsion of Students.

It was not an abuse of discretion by school district board of directors, after a public hearing where no constitutional question was raised, to permanently expel high school students. Fortman v. Texarkana School Dist. No. 7, 257 Ark. 130, 514 S.W.2d 720 (1974).

School rule or regulation may properly provide that a student can be expelled for nonattendance. Williams v. Board of Educ., 274 Ark. 530, 626 S.W.2d 361 (1982).

Cited: Smith v. Little Rock Sch. Dist., 582 F. Supp. 159 (E.D. Ark. 1984).

6-16-308. Maximum age of persons admitted to public schools — Exceptions.

Domiciliary residents of a school district who have attained twenty-one (21) years of age may enroll in the school district's adult education programs; but no person over twenty-one (21) years of age shall be permitted to enroll in the public schools of any school district from kindergarten through grade twelve (K-12), except in school districts where no courses are offered for which adults can obtain high school credit and except as provided in § 6-16-306.

History. Acts 1969, No. 63, § 11; 1983 (1st Ex. Sess.), No. 60, § 5; A.S.A. 1947, § 80-1654.

Research References

Ark. L. Rev.

Gitelman and McIvor, Domicile, Residence and Going to School in Arkansas, 37 Ark. L. Rev. 843.

Case Notes

Cited: Allred v. Ark. Dep't of Corr. Sch. Dist., 322 Ark. 772, 912 S.W.2d 4 (1995).

6-16-309. Authorization for adult education expenditures.

The State of Arkansas and school districts are authorized to spend available tax funds for adult education below college level.

History. Acts 1969, No. 63, § 2; A.S.A. 1947, § 80-1645.

6-16-310. Early childhood and kindergarten programs — Approval and funding generally.

  1. The expenditure of state or local tax funds, except as provided in § 6-16-305, shall be limited to program applications approved by the Division of Elementary and Secondary Education for children five (5) years of age as defined elsewhere in this subchapter.
  2. Programs in early childhood education sponsored as a leadership function, including expenditures in keeping with § 6-16-305, shall be approved by the division.
  3. All kindergarten programs financed from tax sources must be approved by the division.

History. Acts 1969, No. 63, § 7; A.S.A. 1947, § 80-1650; Acts 2019, No. 910, § 1332.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a).

6-16-311. Early childhood education — Approval of private programs.

In the event a privately controlled and operated program for children of less than six (6) years of age is conducted in the state, the program shall be licensed as set forth in the Child Care Facility Licensing Act, § 20-78-201 et seq.

History. Acts 1969, No. 63, § 10; A.S.A. 1947, § 80-1653; Acts 1997, No. 1132, § 33.

6-16-312. Early childhood and kindergarten programs — Tuition, etc., prohibited.

  1. The State Board of Education and school district boards of directors are prohibited from initiating new or additional programs, studies, research, or demonstrations with revenue derived from fees, tuition, or other contributions charged or received from students participating in public school kindergarten programs.
  2. The specific intention of this section is to prohibit the charging of fees or tuition in order to pay for the operation of public school kindergarten programs, and no other interpretation shall be given to it.

History. Acts 1969, No. 63, § 6; A.S.A. 1947, § 80-1649; Acts 1997, No. 1132, § 34.

6-16-313. Early childhood and kindergarten programs — Minimum standards.

  1. The State Board of Education shall promulgate and adopt such rules as it deems appropriate providing minimum standards, including program standards and teacher licensure standards, for the conduct of public school kindergarten programs.
  2. Program standards shall include, but shall not necessarily be restricted to, facilities, staffing, articulation with the elementary program other than the kindergarten, and finance.
  3. Parental participation in program planning, development, and evaluation shall be encouraged.

History. Acts 1969, No. 63, § 9; A.S.A. 1947, § 80-1652; Acts 1997, No. 1132, § 35; 2013, No. 1138, § 28; 2019, No. 315, § 221.

Amendments. The 2013 amendment substituted “licensure” for “certification” in (a).

The 2019 amendment deleted “and regulations” following “rules” in (a).

Subchapter 4 — Computer Technology

6-16-401, 6-16-402. [Repealed.]

Publisher's Notes. These sections, concerning the legislative intent to use computer technology in schools and for the State Board of Education to be successor to the Commission on Improving Public Schools' Basic Skills Opportunities Through Technology, were repealed by Acts 2013, No. 581, § 7. The sections were derived from the following sources:

6-16-401. Acts 1983, No. 528, § 1; A.S.A. 1947, § 80-1672.

6-16-402. Acts 1983, No. 528, § 2; A.S.A. 1947, § 80-1672.1; Acts 1999, No. 148, § 1.

6-16-403 — 6-16-408. [Repealed.]

Publisher's Notes. These sections, concerning commission members, meetings, powers and duties, Department of Education powers and duties, and applications for computer-based educational projects and the monitoring of projects, were repealed by Acts 1999, No. 148, § 2. The sections were derived from the following sources:

6-16-403. Acts 1983, No. 528, § 2; A.S.A. 1947, § 80-1672.1; Acts 1997, No. 250, § 16.

6-16-404. Acts 1983, No. 528, § 2; A.S.A. 1947, § 80-1672.1.

6-16-405. Acts 1983, No. 528, § 3; A.S.A. 1947, § 80-1672.2.

6-16-406. Acts 1983, No. 528, § 4; A.S.A. 1947, § 80-1672.3.

6-16-407. Acts 1983, No. 528, § 5; A.S.A. 1947, § 80-1672.4.

6-16-408. Acts 1983, No. 528, § 6; A.S.A. 1947, § 80-1672.5.

6-16-409. [Repealed.]

Publisher's Notes. This section, concerning the Advisory Committee on Educational Access to Technology, was repealed by Acts 2009, No. 376, § 23. The section was derived from Acts 2003, No. 1081, § 1.

Subchapter 5 — Miscellaneous Programs

6-16-501. Organ donor awareness education.

  1. After receiving approval of materials from the Commissioner of Education and the Director of the Department of Health, the Arkansas Regional Organ Recovery Agency, Inc. may provide educational and instructional materials regarding organ and tissue donation to school districts for use in the classroom.
    1. Driver education courses and high school health classes shall include information or instructional materials regarding organ and tissue donation.
    2. Inclusion of organ donor educational information or instructional materials is mandated beginning with the 2004-2005 school fiscal year.

History. Acts 2003, No. 546, § 1.

Publisher's Notes. Former § 6-16-501, concerning driver education and training programs, was repealed by Acts 1993, No. 475, § 12. The former section was derived from Acts 1967, No. 335, § 1; A.S.A. 1947, § 80-1637.

Cross References. Leave for bone marrow or organ donation, § 21-4-215.

Organ and tissue donation education in driver's instruction manual, § 27-18-109.

6-16-502 — 6-16-506. [Repealed.]

Publisher's Notes. These sections, concerning driver education and training, were repealed by Acts 1993, No. 475, § 12. The sections were derived from the following sources:

6-16-502. Acts 1967, No. 335, §§ 2, 4; A.S.A. 1947, §§ 80-1638, 80-1640.

6-16-503. Acts 1967, No. 335, § 6; A.S.A. 1947, § 80-1642.

6-16-504. Acts 1967, No. 335, § 3; A.S.A. 1947, § 80-1639.

6-16-505. Acts 1967, No. 335, § 5; A.S.A. 1947, § 80-1641.

6-16-506. Acts 1967, No. 335, § 7; A.S.A. 1947, § 80-1643.

6-16-507. [Repealed.]

Publisher's Notes. This section, concerning removal of a vehicle involved in an accident, was repealed by Acts 2013, No. 1073, § 18. The section was derived from Acts 1987, No. 598, § 2.

6-16-508. Accessible parking for persons with disabilities.

  1. After receiving approval of materials from the Commissioner of Education and the Director of the Department of Health, the Governor's Commission on People with Disabilities may provide educational and instructional materials regarding accessible parking for persons with disabilities to school districts for use in the classroom.
  2. Driver education courses and high school health classes shall include information or instructional materials regarding accessibility issues for persons with disabilities.
  3. Inclusion of educational information or instructional materials under this section is mandated beginning with the 2008-2009 school fiscal year.

History. Acts 2007, No. 753, § 7.

Subchapter 6 — Postsecondary Preparatory Programs

A.C.R.C. Notes. Acts 2013, No. 1081, § 22, provided: “Any new assessment required by this act to be implemented by the State Board of Education shall be implemented no later than the 2014-2015 school year or, if the state board determines delay is necessary to ensure proper alignment with curriculum and other assessments, no later than the 2015-2016 school year.”

Effective Dates. Acts 1989, No. 11, § 8: Feb. 1, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that the development of an intensive post-secondary preparatory program for students in public schools of this state would reduce costs for remediation occurring during the freshman year of enrollment in state colleges, universities or post-secondary vocational schools, and that the development of this program in the Arkansas Department of Education which would conserve state revenue is in the best interests of all citizens of this state. Therefore, an emergency is hereby declared to exist and this Act, being immediately necessary for the preservation of the public peace, health, and welfare, shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 659, § 4: Mar. 15, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that the development of an intensive post-secondary preparatory program for students in public schools of this state would reduce costs for remediation occurring during the freshman year of enrollment in state colleges, universities or post-secondary vocational schools, and that the development of this program in the Arkansas Department of Education which would conserve state revenue is in the best interest of all citizens of this state. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 650, § 7: Mar. 19, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that the remedial program for high school students is now limited to graduates; that in order to realize the full potential of the program, it is necessary that it be expanded to include students who have completed the junior year of high school; that this act is designed to accomplish this purpose and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 879, § 4[3]: Mar. 31, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that preparing public school students for college and career readiness is a high priority of the state's educational and economic development systems; that the substantial cost to remediate high school students at the postsecondary level will be reduced by increasing access to postsecondary preparatory programs for public school students in grades eight through eleven (8-11) who are identified as scoring below college readiness benchmarks; and that this act is immediately necessary so that the Department of Education may approve applications and distribute funding for the expanded postsecondary preparatory programs for the current school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-16-601. Authority — Definitions.

  1. As used in this subchapter:
    1. “College and career readiness assessment” means a set of criterion-referenced measurements of a student's acquisition of the knowledge and skills the student needs to be successful in future endeavors, including:
      1. Successfully completing credit-bearing, first-year courses at a postsecondary institution; and
      2. Embarking on a chosen career;
      1. “College and career readiness benchmark” means the minimum score on a college and career readiness assessment in mathematics or English language arts.
      2. College and career readiness benchmarks are determined by the Arkansas Higher Education Coordinating Board and the State Board of Education;
    2. “Eligible student” means a public school student in Arkansas who:
      1. Is enrolled in any of grades eight through eleven (8-11);
      2. Is identified through a college and career readiness assessment as scoring below the college and career readiness benchmark in mathematics or English language arts;
      3. Has received the counseling required under § 6-16-602; and
      4. Desires to enroll in postsecondary education;
    3. “Placement test” means a test for entrance to postsecondary education that is either:
      1. Approved by the State Board of Education; or
      2. Designated by the Division of Higher Education; and
    4. “Postsecondary preparatory program” means an intensive program approved under this subchapter that is focused on preparing students for entry level postsecondary work in the areas of mathematics, English, and reading based on identified needs for college enrollment and placement.
    1. The State Board of Education shall promulgate rules under which the following may operate postsecondary preparatory programs in Arkansas:
      1. School districts;
      2. Institutions of higher education; or
      3. A partnership of a school district and an institution of higher education.
    2. The rules shall include without limitation:
      1. The number and location of sites for postsecondary preparatory programs, if necessary;
      2. The minimum and maximum class sizes for postsecondary preparatory programs;
      3. That a school district may use Enhanced Student Achievement Funding received under § 6-20-2305 to operate and support a postsecondary preparatory program; and
      4. The forms and procedures necessary to implement this subchapter.
  2. The Division of Elementary and Secondary Education shall:
    1. Approve content guides for postsecondary preparatory programs with assistance from the Division of Higher Education; and
      1. Approve or disapprove the annual application of a postsecondary preparatory program after:
        1. Reviewing evidence of the postsecondary preparatory program's performance and success; and
        2. Giving priority for approval and funding to a postsecondary preparatory program operated by a partnership between a school district and an institution of higher education.
      2. The Division of Elementary and Secondary Education shall not approve an application under this subdivision (c)(2) unless the postsecondary preparatory program meets the criteria under this subchapter and established by State Board of Education rules.
    1. In collaboration with the Division of Higher Education, the Division of Elementary and Secondary Education shall collect and analyze the following data from postsecondary preparatory programs:
      1. The total number of participants;
      2. The number of participants who were eligible for free and reduced-price meals under the National School Lunch Act;
      3. The total number of participants in each curriculum area identified in § 6-16-602;
      4. The progress of participants monitored in the postsecondary preparatory program through the use of college and career readiness assessments;
      5. The placement test scores of participants;
      6. The number of participants who enrolled in postsecondary preparatory programs in Arkansas and who:
        1. Scored lower than the statewide minimum scores established by the Arkansas Higher Education Coordinating Board for college placement; or
        2. Scored at or higher than the statewide minimum scores established by the Arkansas Higher Education Coordinating Board for college placement;
      7. The number and type of postsecondary preparatory programs approved;
      8. The school operating the postsecondary preparatory programs approved; and
      9. The amount of funding the Division of Elementary and Secondary Education distributed to each postsecondary preparatory program.
    2. The Division of Elementary and Secondary Education shall:
      1. Store the student data collected under this subsection in the Arkansas Public School Computer Network;
      2. Present the data analysis under this subsection in the annual school performance reports as required under § 6-15-1402; and
      3. Annually release to the General Assembly the data collected under this subsection after removing any personally identifiable student information.

History. Acts 1989, No. 11, § 1; 2011, No. 879, § 2; 2013, No. 1081, §§ 15, 16; 2019, No. 910, §§ 1333-1337.

Amendments. The 2011 amendment rewrote the section.

The 2013 amendment rewrote (a)(1); inserted “and career” following “college” in three places in (a)(2); substituted “English language arts” for “English, or reading indicating that a student has a high probability of success in entry level postsecondary education” in (a)(2)(A); in (a)(3)(B), inserted “and career” following “college” and substituted “English language arts” for “English, or reading”; and inserted “and career” following “college” in (d)(1)(D).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” and “Division of Elementary and Secondary Education” for “Department of Education” throughout the section.

6-16-602. Programs generally.

  1. The postsecondary preparatory programs established under authority of this subchapter shall:
    1. Provide advice that will better prepare eligible students for entry-level postsecondary work in the areas of mathematics, English, and reading;
    2. Improve diagnostic efforts, counseling, placement, and instruction for eligible students;
      1. Provide intensive remedial instruction to eligible students enrolled in the postsecondary preparatory program in one (1) or more of the following curriculum areas:
        1. Mathematics;
        2. English; or
        3. Reading.
      2. Each curriculum area shall consist of twenty-five (25) hours or more of instruction;
      1. Use instructors with appropriate content knowledge and specialized training developed by the Division of Elementary and Secondary Education for instructors of developmental education.
      2. A postsecondary preparatory program may use an instructor who does not hold an Arkansas teaching license if the nonlicensed instructor works together with an instructor who holds a current Arkansas teaching license;
    3. Effectively use college and career readiness assessments to monitor the progress of participants in the postsecondary preparatory program;
    4. Use innovative teaching and learning strategies that are designed to be effective with participants in the postsecondary preparatory program;
    5. Document evidence of the postsecondary preparatory program's success and the performance of its participants; and
    6. Meet other requirements established by rule.
  2. A postsecondary preparatory program shall not receive funding under this subchapter unless the postsecondary preparatory program files an annual application with the Division of Elementary and Secondary Education and the application is approved under § 6-16-601.
  3. A postsecondary preparatory program may be open for attendance:
    1. On one (1) or more days from Monday through Saturday; and
    2. During any hours that participants are not required to attend public school.

History. Acts 1989, No. 11, §§ 2, 4; 2011, No. 879, § 2; 2013, No. 1081, § 17; 2019, No. 692, § 5; 2019, No. 910, §§ 1338, 1339.

Amendments. The 2011 amendment inserted “postsecondary preparatory” in the introductory language of (a); inserted “eligible” in (a)(1); substituted “eligible students” for “secondary school students based on identified needs for college enrollment and placement” in (a)(2); inserted (a)(3) through (a)(8); rewrote (b); and added (c).

The 2013 amendment inserted “and career” following “college” in (a)(5).

The 2019 amendment by No. 692 substituted “the postsecondary preparatory program's success and the performance” for “its performance and the success” in (a)(7).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” (a)(4)(A); and substituted “Division of Elementary and Secondary Education” for “department” in (b).

6-16-603. Local programs mandated — Placement test.

  1. Every public school in Arkansas shall:
    1. Identify eligible students under this subchapter using the results from college and career readiness assessments under the Arkansas College and Career Readiness Planning Program, § 6-15-441 [repealed]; and
      1. Provide the counseling required under subsection (b) of this section.
      2. The public school shall make every reasonable effort to involve parents or guardians in student counseling and placement of students.
  2. A public school counselor serving students in any of grades eight through eleven (8-11) shall:
    1. Counsel and strongly encourage each student enrolled in grades eight through eleven (8-11) who is identified through college and career readiness assessments as not meeting the college and career readiness benchmarks in mathematics or English language arts to enroll in a postsecondary preparatory program if a program is available to the student;
    2. Advise each public school student enrolled in grade eleven (11) in Arkansas that the student may take a placement test under § 6-16-605; and
    3. Counsel and strongly encourage each student who takes a placement test under § 6-16-605 and scores below the statewide minimum scores established by the Arkansas Higher Education Coordinating Board for mathematics or English language arts to enroll during the student's senior year of high school in regular school instructional courses designated by:
      1. Local school officials to assist in the improvement of the student's scores in the areas of deficiency; and
      2. The Division of Elementary and Secondary Education and the Division of Higher Education as appropriate courses for college and career readiness.

History. Acts 1989, No. 11, § 3; 1989, No. 659, § 1; 1991, No. 650, § 1; 2011, No. 879, § 2; 2013, No. 1073, § 19; 2013, No. 1081, § 18; 2019, No. 910, § 1340.

A.C.R.C. Notes. As enacted, Acts 1989, No. 659, § 1, provided:

“Beginning with the 1989-90 school year”.

Amendments. The 2011 amendment rewrote the section.

The 2013 amendment by No. 1073 added “if a program is available to the student” in (b)(1).

The 2013 amendment by No. 1081 inserted “and career” following “college” in (a)(1), (b)(1) and (b)(3)(B); in (b)(1), substituted “language arts” for “or reading” and added “if a program is available to the student”; and substituted “English language arts” for “English, or reading” in (b)(3).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Division of Higher Education” for “Department of Higher Education” in (b)(3)(B).

6-16-604. Student enrollment.

    1. An eligible student may enroll in a postsecondary preparatory program during:
      1. A school year;
      2. The summer months following a school year in which the student is enrolled in any of grades eight through eleven (8-11) in an Arkansas public school; or
      3. Both of the periods described in subdivisions (a)(1)(A) and (B) of this section.
    2. An eligible student shall receive priority for enrollment in a postsecondary preparatory program if the eligible student qualifies for free and reduced price meals under the National School Lunch Act, 42 U.S.C. § 1751 et seq.
    3. If space and funding are available after all eligible students who applied to attend a postsecondary preparatory program are enrolled, the Division of Elementary and Secondary Education may permit a public school student to enroll in a postsecondary preparatory program if the student:
      1. Scores below college and career readiness benchmarks on a college and career readiness assessment or placement test; and
      2. Either:
        1. Is enrolled in grade twelve (12) in Arkansas; or
        2. Will enroll in the postsecondary preparatory program within three (3) months of graduating from an Arkansas high school.
  1. An eligible student may enroll in one (1) or more of the curriculum areas in which the eligible student has scored below the college and career readiness benchmark as identified by college and career readiness assessments.
  2. The opportunity to participate in a postsecondary preparatory program under this subchapter shall not be interpreted as mandating the division to fund postsecondary preparatory programs at a cost in excess of the funds appropriated and funded in the Public School Fund for this purpose.

History. Acts 1989, No. 11, §§ 3, 4; 1989, No. 659, § 1; 1991, No. 650, §§ 2, 3; 2007, No. 1573, § 56; 2009, No. 1469, § 6; 2011, No. 879, § 2; 2011, No. 989, § 23; 2013, No. 1081, §§ 19, 20; 2019, No. 910, §§ 1341, 1342.

Amendments. The 2009 amendment rewrote (b)(1).

The 2011 amendment by No. 879 rewrote the section.

The 2011 amendment by No. 989 added (a)(3).

The 2013 amendment inserted “and career” following “college” in two places in (a)(3)(A) and (b).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (a)(3); and substituted “Division of Elementary and Secondary Education” for “department” in (c).

6-16-605. Testing — Acceptance of test scores.

  1. A student may take a placement test at no cost to the student at the date, time, and location set by the State Board of Education if the student:
    1. Is enrolled in grade eight (8) or grade (10) in a public school of Arkansas; or
    2. Completes a postsecondary preparatory program successfully and in the student's senior year of high school enrolls in a mathematics or English language arts course that is designated by the Division of Elementary and Secondary Education and the Division of Higher Education as an appropriate course for college and career readiness.
  2. At the request of a student, the student's score on a placement test taken under authority of this subchapter will be made available to and will be accepted by and recognized toward meeting enrollment requirements of state-supported colleges, universities, and postsecondary vocational schools in Arkansas.

History. Acts 1989, No. 11, § 5; 2011, No. 879, § 2; 2013, No. 1081, § 21; 2019, No. 910, § 1343.

Amendments. The 2011 amendment added (a); and rewrote present (b).

The 2013 amendment inserted “and career” following “college” in (a)(2).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Division of Higher Education” for “Department of Higher Education” in (a)(2).

6-16-606. Elective credit.

  1. A public high school shall award one (1) unit of credit as an elective for successfully completing a postsecondary preparatory program under this subchapter.
  2. The unit of credit awarded under this section does not count toward the minimum number of credits required by law for high school graduation.

History. Acts 2011, No. 879, § 2.

Subchapter 7 — Optional Summer School Programs

Effective Dates. Acts 1999, No. 855, § 6: Mar. 24, 1999. Emergency clause provided: “It is found and determined by the Eighty Second General Assembly of the State of Arkansas that the effective operation of Arkansas public schools is dependent upon immediate clarification of whether school districts will be required to hold summer school in the summer of 1999 and that failure to implement this act immediately will result in confusion and cause undue hardships to local school districts. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1162, § 5: Apr. 6, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that school districts need to have summer school plans in place for many students before the end of the 1998-1999 school year and to insure that a summer school option is available for every student in the state needing summer school the immediate implementation of this Act is necessary. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-16-701. Legislative intent.

It is the intent of the General Assembly that the State of Arkansas provide free public schools for the citizens of this state as provided by law and by the Arkansas Constitution. However, it is sometimes desirable for a school district to offer optional courses outside the regular school term for students who desire to enroll. These courses, which are also offered in the regular school term, are provided as a convenience to students who need to make up work or want to earn extra credits. School districts should be authorized to charge a fee for such optional courses in order to encourage additional offerings outside the regular school term.

History. Acts 1989, No. 475, § 1; 1993, No. 840, § 1.

6-16-702. Authority — Fees.

    1. Public schools are hereby authorized to operate optional school programs during the summer or at other times when the regular school classes are not in session and to charge fees to students for participating in the programs.
    2. If credit is given for the courses taken in the optional programs:
      1. The teachers shall meet licensure requirements for the courses taught; and
      2. The number of hours that classes are in session shall meet the same requirements as are in effect for the same courses taught in the regular term.
    1. In school districts that operate optional school programs during the summer and in districts where space is available, no fee shall be charged a student who qualifies for free or reduced-price meals and whose enrollment in an academic course is made for the purpose of remediating a deficiency in grades when the student has made a D or an F in an academic course.
    2. Other courses offered in summer school for academic credit may be taken without fees being charged, as space is available, by students who qualify for free or reduced-price meals.

History. Acts 1989, No. 475, § 2; 1993, No. 840, § 2; 1999, No. 100, § 9; 2013, No. 1138, § 29.

Amendments. The 2013 amendment substituted “licensure” for “certification” in (a)(2)(A).

6-16-703. [Repealed.]

Publisher's Notes. This section, concerning legislative findings, mandatory summer school, rules and regulations, and funding programs, was repealed by Acts 1999, No. 855, § 1. The section was derived from Acts 1993, No. 1139, §§ 1, 2; 1995, No. 348, § 1; 1995, No. 351, § 1; 1997, No. 1081, § 1.

6-16-704. School-year remediation program.

Those schools electing not to offer a summer school program shall offer a Division of Elementary and Secondary Education-approved remediation program during the regular school year to students in kindergarten through grade three (K-3) not performing at grade level.

History. Acts 1999, No. 855, § 2; 2019, No. 910, § 1344.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education-approved” for “Department of Education-approved”.

6-16-705. Summer school remediation program.

Students in kindergarten through grade three (K-3) not performing at grade level during the regular school year shall participate in a Division of Elementary and Secondary Education-approved remediation program or a summer school remediation program to be eligible for promotion to the next grade.

History. Acts 1999, No. 855, § 2; 2019, No. 910, § 1345.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education-approved” for “Department of Education-approved”.

6-16-706. Summer school for nonresidents.

  1. A school district may upon agreement with another school district transfer students to the nonresident school district for summer school classes.
  2. The cost of the summer school classes shall be the responsibility of the sending school district at a rate agreed upon by both school districts.
  3. Transportation shall be the responsibility of the student or the student's parents.

History. Acts 1999, No. 1162, § 1.

Subchapter 8 — Arkansas Advanced Placement and International Baccalaureate Diploma Incentive Program Act of 1995

Effective Dates. Acts 1995, No. 881, § 6: July 1, 1995.

Acts 1995, No. 881, § 10: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly that the effectiveness of this Act on July 1, 1995, is essential to the successful establishment of an advanced placement incentive program in Arkansas high schools during the 1995-96 school year; and that this program is necessary to make advanced educational courses accessible to high school students in every area of the state. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1995.”

Acts 2005, No. 2131, § 38: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2005 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2005 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2005.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-16-801. Title.

This subchapter shall be known as and may be cited as the “Arkansas Advanced Placement and International Baccalaureate Diploma Incentive Program Act of 1995”.

History. Acts 1995, No. 881, § 1; 2005, No. 2152, § 3.

6-16-802. Purpose.

  1. The purpose of this subchapter is to serve as a legislative charter for the establishment, organization, and administration of a program designed to improve the course offerings available to middle school, junior high school, and high school students throughout the state.
  2. The program established under this subchapter will provide advanced educational courses that are easily accessible and that will prepare students for admission to and success in a postsecondary educational environment.
  3. A key component in the program is adequately preparing teachers and schools in providing advanced placement courses or courses offered under the International Baccalaureate Diploma Programme to their students.

History. Acts 1995, No. 881, § 2; 1997, No. 929, § 1; 2005, No. 2152, § 3.

6-16-803. Definitions.

As used in this subchapter:

  1. “Advanced placement course” means a high school level preparatory course for a college advanced placement test that incorporates all topics specified by the College Board and Educational Testing Service on its standard syllabus for a given subject area and is approved by the College Board and Educational Testing Service;
  2. “College advanced placement test” means the advanced placement test administered by the College Board and Educational Testing Service;
  3. “College Board” means the College Board and Educational Testing Service;
  4. [Repealed.]
  5. [Repealed.]
  6. “International Baccalaureate Diploma Programme” means an international education program offered by the International Baccalaureate;
  7. “Preadvanced placement course” means a middle school, junior high school, or high school level course that specifically prepares students to enroll and participate in an advanced placement course;
  8. “Program” means the Arkansas Advanced Placement program and International Baccalaureate Diploma Incentive Program; and
  9. “State board” means the State Board of Education.

History. Acts 1995, No. 881, § 3; 1997, No. 929, § 2; 2005, No. 2152, § 3; 2019, No. 692, § 6; 2019, No. 910, § 1346.

Amendments. The 2019 amendment by No. 692, in (8), inserted the first occurrence of “program” and made a stylistic change.

The 2019 amendment by No. 910 repealed (4) and (5).

6-16-804. Established — Subsidies — Rules.

  1. The Arkansas Advanced Placement and International Baccalaureate Diploma Incentive Program is hereby established, to be administered by the Commissioner of Elementary and Secondary Education.
  2. Contingent upon legislative appropriations and based on criteria established by the Division of Elementary and Secondary Education, schools participating in the program may be awarded a one-time equipment and instructional materials grant for providing an advanced placement course or a course offered under the International Baccalaureate Diploma Programme.
  3. Subject to legislative appropriations, a teacher participating in the advanced placement program, in the International Baccalaureate Diploma Programme, or in the preadvanced placement program may be awarded subsidized teacher training for advanced placement courses at a cost not to exceed six hundred fifty dollars ($650) per teacher.
    1. Contingent upon legislative appropriation and the availability of funding, the state may pay in full, or on a pro rata basis as determined under subdivision (d)(2) of this section, the cost of the advanced placement test fee or the equivalent test fee under the International Baccalaureate Diploma Programme, or both.
    2. The State Board of Education may create a sliding scale based on family income.
  4. The state board is authorized to promulgate rules necessary to implement this subchapter.

History. Acts 1995, No. 881, § 4; 1997, No. 929, § 3; 2001, No. 146, § 1; 2005, No. 2131, § 27; 2005, No. 2152, § 3; 2019, No. 315, § 222; 2019, No. 910, § 1347.

A.C.R.C. Notes. Pursuant to § 1-2-207, this section is set out above as amended by Acts 2005, No. 2152, § 3. The section was also amended by Acts 2005, No. 2131, § 27, effective July 1, 2005, to read as follows:

“(a) The Arkansas Advanced Placement Incentive Program is hereby established, to be administered by the Commissioner of Education.

“(b)(1) Contingent upon legislative appropriations and based on criteria established by the Department of Education, schools participating in the program may be awarded a one-time equipment and instructional materials grant for providing an advanced placement course;

“(2) Contingent upon legislative appropriations, schools may be awarded an amount to be determined by the department for each score of three (3) or better earned by a student on any advanced placement test. These funds shall be utilized in the schools' advanced placement programs.

“(c) Subject to legislative appropriations, a teacher participating in the program or in the preadvanced placement program may be awarded subsidized teacher training for advanced placement courses.

“(d)(1) The state may pay a share of the advanced placement test fee.

“(2) The State Board of Education may create a sliding scale based on family income.

“(3) All students taking advanced placement courses must take advanced placement tests or return the economic supplement.

“(e) The board is authorized to promulgate rules and regulations necessary to implement this subchapter, and the commissioner may determine the amount of any awards or supplements made under this subchapter based on the amount of the appropriation and available funding for the program.”

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (e).

The 2019 amendment by No. 910 substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a); and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b).

6-16-805. Funding.

  1. The awards granted under the provisions of this subchapter for both advanced placement and the International Baccalaureate Diploma Programme may be funded by donations, grants, or legislative appropriation.
  2. All donations, grants, and appropriations received shall be accounted for by the Division of Elementary and Secondary Education.
  3. The Commissioner of Elementary and Secondary Education may solicit and receive donations and grants for the purpose of making awards.

History. Acts 1995, No. 881, § 5; 2005, No. 2152, § 3; 2019, No. 910, § 1348.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b); and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (c).

6-16-806. Treatment as advanced placement course.

Any high school course offered under the International Baccalaureate Diploma Programme shall be treated the same as an advanced placement course, including for the following purposes:

  1. Weighted credit;
  2. The Arkansas Advanced Placement and International Baccalaureate Diploma Incentive Program Act of 1995, § 6-16-801 et seq.; and
  3. Reporting requirements.

History. Acts 2005, No. 2152, § 4.

Subchapter 9 — Evaluation of Instructional Programs

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-16-901. Legislative findings — Procedures.

  1. The General Assembly finds and acknowledges that a system of evaluation is needed to justify expenditure of state resources on effective instructional programs and to eliminate state funding of ineffective instructional programs. The General Assembly further finds that an evaluation system to examine instructional programs administered by the Division of Elementary and Secondary Education must be implemented by the Commissioner of Elementary and Secondary Education in order to make a recommendation regarding continuation or termination of any mandated instructional program administered by the division.
    1. Beginning in 1997-1998 and each year thereafter, the program performance audit of these instructional programs enacted by the General Assembly shall determine whether the continuation of these instructional programs is justified.
    2. Each instructional program administered by the division shall be formally reviewed by a program performance audit every four (4) years to evaluate purposes, activities, duties, accomplishments, and resources required to implement the program.
    3. Upon completion of the program performance audits, the commissioner shall make a recommendation to the General Assembly regarding the continuation or termination of any program enacted by legislative action.
    4. The program performance audit shall include:
      1. The extent to which the instructional program has served the original purpose of the legislation;
      2. The extent to which the instructional program has complied with all laws, rules, and regulations defining its powers and duties;
      3. The extent to which operations of the instructional program have been impeded or enhanced by available resources;
      4. Any formal critique filed regarding the instructional program;
      5. Recognition by professional organizations regarding the effectiveness of the instructional program;
      6. A statistical analysis of the instructional program regarding the populations served, the costs of the program, staff requirements, and improved student achievement; and
      7. Justification for the continued existence or termination of the instructional program.
    5. A written evaluation report on each mandated instructional program, which includes the formal recommendation, will be provided to the General Assembly.

History. Acts 1997, No. 1160, §§ 1, 2; 2019, No. 910, §§ 1349, 1350.

A.C.R.C. Notes. Former § 6-16-902 is now codified as § 6-16-901(b).

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a); and substituted “division” for “department” in (a) and (b)(2).

Subchapter 10 — Health Education

A.C.R.C. Notes. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 1, provided:

“(a) The General Assembly finds:

“(1) State government provides vital functions that impact the lives of Arkansas citizens on a daily basis;

“(2) While these functions are important, it is equally important to ensure that state government operates efficiently and effectively to eliminate unnecessary spending of tax dollars and provide timely and quality services to Arkansas citizens; and

“(3) Issues such as the administrative organization of a governmental entity, the appointment structure of a governmental entity's governing board, and extraneous duties assigned to governmental entities hamper the operation of state government and result in unnecessary expenses and delays in the provision of state services.

“(b) It is the intent of this act to amend provisions of law applicable to certain agencies, task forces, committees, and commission to promote efficiency and effectiveness in the operations of state government as a whole.”

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 126, provided:

“(a) Except as provided in this section, provisions of this act altering the appointment structure of a task force, commission, committee, or other governmental entity shall not shorten the term of any member of the task force, commission, committee, or other governmental entity but shall be implemented by the filling of vacancies.

“(b) The Governor may remove a member of the Arkansas Governor's Mansion Commission who was appointed to the commission before the effective date [May 23, 2016] of Section 85 of this act.”

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 127, provided: “Sections of the Arkansas Code amended by this act that expire on or before September 30, 2017, may be removed from the Arkansas Code by the Arkansas Code Revision Commission after their respective expiration date.”

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-16-1001. Kids-For-Health program established.

The Department of Health shall use moneys from the Tobacco Settlement Proceeds Act, § 19-12-101 et seq., to establish a Kids-For-Health program.

History. Acts 2001, No. 1749, § 1.

6-16-1002, 6-16-1003. [Repealed.]

Publisher's Notes. These sections, concerning implementation and oral health standards, were repealed by Acts 2017, No. 929, § 3. The sections were derived from the following sources:

6-16-1002. Acts 2001, No. 1749, § 2.

6-16-1003. Acts 2003, No. 1216, § 1.

6-16-1004. Dating violence awareness.

  1. Annually, in either the month of October for a one-semester course taught in the fall or the month of February for a one-semester course taught in the spring, a unit on dating violence awareness shall be taught as a component of a health course offered in grades seven through twelve (7-12).
  2. A unit on dating violence awareness shall:
    1. Focus on healthy relationships, including the characteristics of healthy relationships;
    2. Teach students the definition of dating violence and abuse, including without limitation:
      1. Warning signs of dating violence and abusive behavior; and
      2. Measures to stop or prevent dating violence and abusive behavior;
    3. Inform students about resources and reporting procedures for dating violence or abuse; and
    4. Examine the common misconceptions and stereotypes about dating violence and abuse.
    1. Materials used to teach a unit in dating violence awareness shall be age appropriate.
    2. Information provided shall be objective and based on scientific research that is peer-reviewed and accepted by professionals and credentialed experts in the field of health education.
  3. The Division of Elementary and Secondary Education shall annually provide a list of source materials available for school districts to use to teach a unit on dating violence awareness, including without limitation materials from:
    1. The Arkansas Coalition Against Domestic Violence;
    2. The Centers for Disease Control and Prevention;
    3. The National Domestic Violence Hotline;
    4. The National Institutes of Health; and
    5. Other sources of scientifically based research that are peer-reviewed.

History. Acts 2015, No. 952, § 1; 2019, No. 910, § 1351.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (d).

Subchapter 11 — Conservation Education

6-16-1101. Fish and wildlife conservation education.

  1. The Rural Services Division of the Arkansas Economic Development Commission, in consultation with the Arkansas State Game and Fish Commission, shall establish school education programs for fish and wildlife conservation and other purposes consistent with Arkansas Constitution, Amendment 35.
  2. The conservation education programs may include without limitation the study of general fish and wildlife conservation issues, hunter education training, fishing education training, boating education training, wildlife habitat development, Project WILD, and the Hooked on Fishing-Not on Drugs program.
    1. The division shall distribute annually, in the form of direct grants, all grant moneys provided by the commission under § 15-41-209(d) to the school districts or conservation districts, or both, located in the counties in which the offenses occurred.
      1. A school district or conservation district that wants to apply for a grant under this section shall submit an application on the form prescribed by the division and in accordance with the rules promulgated by the division.
      2. The population of a county or the census of a school district shall not be a factor in determining the eligibility of a school district or conservation district for a grant under this section.
  3. The division shall promulgate rules to administer this section.

History. Acts 2003, No. 799, § 2; 2005, No. 893, § 1; 2015, No. 371, § 2.

A.C.R.C. Notes. Acts 2015, No. 371, § 1, provided:

“Legislative findings and intent.

“(a) The General Assembly finds that:

“(1) Conservation of the fish and wildlife of the state is essential to the economy and ecology of our state;

“(2) Educating youth regarding conservation issues is an important step in developing a knowledgeable citizenry that appreciates the benefits to the state and its residents of conserving fish and wildlife;

“(3) A significant portion of the state's conservation efforts take place in rural areas, but people from all over the state travel to these rural areas to interact with the fish and wildlife of the state; and

“(4) The Department of Rural Services is uniquely qualified to administer a program that brings together conservation issues and the needs of rural areas.

“(b) The General Assembly intends for this act to transfer the administration of the fish and wildlife conservation education program from the Department of Education to the Department of Rural Services.”

Amendments. The 2015 amendment substituted “Department of Rural Services” for “Department of Education” in (a); in (c)(1), substituted “annually, in the form of direct grants” for “quarterly” and substituted “school districts or conservation districts, or both, located in the counties in which” for “counties where”; rewrote (c)(2); and added (d).

Subchapter 12 — Advanced Placement and Endorsed Concurrent Enrollment

Effective Dates. Acts 2007, No. 936, § 6: Apr. 3, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that many high school students benefit from participating in endorsed concurrent enrollment courses; that this act is necessary to ensure that students continue to have the opportunity to enroll in endorsed concurrent enrollment classes; and that this act is immediately necessary to allow school districts time to plan schedules and hire staff prior to the 2007-2008 school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-16-1201. Purpose.

To ensure that each student has an adequate education, the General Assembly finds that each student should have access to a rigorous and substantially equal curriculum.

History. Acts 2003 (2nd Ex. Sess.), No. 102, § 1.

6-16-1202. Definitions.

As used in this subchapter:

  1. “Advanced Placement course” means a high school level preparatory course for a college Advanced Placement test that:
    1. Incorporates all topics specified by the College Board and Educational Testing Service on its standards syllabus for a given subject area; and
    2. Is approved by the College Board and Educational Testing Service;
  2. “Endorsed concurrent enrollment course” means a college-level course offered by an institution of higher education in this state that upon completion would qualify for academic credit in both the institution of higher education and a public high school that:
    1. Is in one (1) of the four (4) core areas of math, English, science, and social studies;
    2. Meets the requirements of § 6-16-1204(b); and
    3. Is listed in the Arkansas Course Transfer System of the Division of Higher Education;
  3. “Pre-Advanced Placement course” means a middle school, junior high school, or high school level course that specifically prepares students to enroll and to participate in an advanced placement course; and
  4. “Vertical team” means a group of educators from different grade levels in a given discipline who work cooperatively to develop and implement a vertically aligned program aimed at helping students from diverse backgrounds acquire the academic skills necessary for success in the Advanced Placement program and other challenging coursework.

History. Acts 2003 (2nd Ex. Sess.), No. 102, § 1; 2007, No. 936, § 1; 2019, No. 910, § 1352.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (2)(C).

6-16-1203. Teacher skills and training.

    1. A teacher of an Advanced Placement course must obtain appropriate training.
    2. The State Board of Education shall establish clear, specific, and challenging training guidelines that require teachers of College Board advanced placement courses and teachers of pre-Advanced Placement courses to obtain College Board sponsored or endorsed training.
    3. The training may include vertical team training.
  1. An instructor of an endorsed concurrent enrollment course shall have:
      1. No less than a master's degree that includes at least eighteen (18) hours of completed course work in the subject area of the endorsed concurrent enrollment course.
      2. The instructor's credentials shall be approved by the academic unit or chief academic officer of the institution of higher education offering the endorsed concurrent enrollment course; and
    1. The relevant credentials and experience necessary to teach from the syllabus approved by the institution of higher education granting the course credit.

History. Acts 2003 (2nd Ex. Sess.), No. 102, § 1; 2007, No. 936, § 2.

6-16-1204. Implementation.

    1. In order to prepare students for the rigor inherent in Advanced Placement courses, school districts shall offer pre-Advanced Placement courses to prepare students for the demands of Advanced Placement coursework.
    2. The Division of Elementary and Secondary Education shall approve all classes designated as pre-Advanced Placement courses.
  1. An endorsed concurrent enrollment course must meet the following requirements:
    1. The course must be a course offered by an institution of higher education in this state that is:
      1. Approved through the institution of higher education's normal process; and
      2. Listed in the institution of higher education's catalog;
    2. The course content and instruction must meet the same standards and adopt the same learning outcomes as those developed for a course taught on the campus of the institution of higher education, including without limitation:
      1. The administration of any departmental exams applicable to the course; and
      2. The use of substantially the same book and syllabus as is used at the college level;
    3. The course must be taught by an instructor with the qualifications required under § 6-16-1203(b);
    4. The institution of higher education offering the course must:
      1. Provide to the course instructor staff development, supervision, and evaluation; and
        1. Provide the students enrolled in the course with:
          1. Academic guidance counseling; and
          2. The opportunity to utilize the on-campus library or other academic resources of the institution of higher education.
        2. Nothing in this subdivision (b)(4) shall preclude institutions of higher education from collaborating to meet the requirements of this subdivision (b)(4);
    5. To be eligible to enroll in an endorsed concurrent enrollment course, the student must:
      1. Be admitted by the institution of higher education as a non-degree or non-certificate seeking student; and
      2. Meet all of the prerequisites for the course in which he or she is enrolled; and
      1. Credit for the endorsed concurrent enrollment course may only be awarded by the institution of higher education offering the course.(B) Nothing in this subdivision (b)(6) shall preclude institutions of higher education from collaborating to provide the course and award course credit.
  2. Beginning with the 2008-2009 school year, all school districts shall offer one (1) College Board Advanced Placement course in each of the four (4) core areas of math, English, science, and social studies for a total of four (4) courses.
    1. The requirement under subsection (c) of this section shall be phased in over a period of four (4) years beginning with the 2005-2006 school year.
    2. Beginning with the 2008-2009 school year, all high schools in Arkansas shall offer a minimum of four (4) Advanced Placement courses by adding at least one (1) core course each year to the list of courses available to high school students.
      1. A state-supported two-year or four-year institution of higher education may offer a reduced tuition rate for endorsed concurrent enrollment courses offered by the institution of higher education to high school students under this subchapter.
      2. The reduction in tuition under subdivision (e)(1)(A) of this section or any tuition paid by the institution of higher education under subdivision (e)(3)(B) of this section shall not be considered an institutional scholarship.
    1. The number of students enrolled and the semester credit hours for endorsed concurrent enrollment courses shall be included in the calculation of full-time-equivalent enrollment for the institution of higher education.
      1. A national school lunch student, as defined in § 6-20-2303, shall not be required to pay any of the costs up to a maximum of six (6) credit hours of endorsed concurrent enrollment courses that are taught:
        1. On the grounds of the public school district in which the student is enrolled; and
        2. By a teacher employed by the public school district in which the student is enrolled.
      2. The costs for endorsed concurrent enrollment courses under subdivision (e)(3)(A) of this section shall be paid:
        1. By the public school district in which the student is enrolled;
        2. By the institution of higher education offering the course; or
        3. Through a cost-sharing agreement between the public school district and the institution of higher education.

History. Acts 2003 (2nd Ex. Sess.), No. 102, § 1; 2007, No. 936, § 3; 2009, No. 1451, § 1; 2017, No. 1118, §§ 1, 2; 2019, No. 910, § 1353.

Amendments. The 2009 amendment added (e).

The 2017 amendment, in (e)(1)(B), inserted “under subdivision (e)(1)(A) of this section or any tuition paid by the institution of higher education under subdivision (e)(3)(B) of this section” and “not”; and added (e)(3).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(2).

6-16-1205. [Repealed.]

Publisher's Notes. This section, concerning the Concurrent Enrollment Course Approval Panel, was repealed by Acts 2007, No. 936, § 4. The section was derived from Acts 2003 (2nd Ex. Sess.), No. 102, § 1.

6-16-1206. Exemption.

Any high school offering the International Baccalaureate Diploma Programme shall be exempt from the provisions of this subchapter.

History. Acts 2003 (2nd Ex. Sess.), No. 102, § 1.

Subchapter 13 — End-of-Course Success Incentive Program

6-16-1301. [Repealed.]

Publisher's Notes. This section, concerning End-of-Course Success Incentive Program, was repealed by Acts 2017, No. 929, § 4. The section was derived from Acts 2005, No. 2197, § 2.

Subchapter 14 — Digital Learning Act of 2013

Effective Dates. Acts 2017, No. 939, § 3: Apr. 5, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that The Digital Learning Act of 2013 expanded the need for digital learning courses in Arkansas public schools; that the Eighty-Ninth General Assembly directed the House Committee on Education and the Senate Committee on Education to implement a study concerning quality digital learning; that the report that resulted from this study made significant recommendations regarding the expansion of internet bandwidth for Arkansas public schools; that under the leadership of the Governor, the Department of Information Systems and the Department of Education are making rapid progress in expanding the availability of high-speed broadband connectivity for Arkansas public schools; that with the expanded broadband connectivity now available to Arkansas public schools, it is necessary and appropriate for the state to expand and improve the availability, efficiency, quality, and educational benefit of digital learning content from both public and private providers; that time is of the essence to ensure that the Quality Digital Learning Provider Task Force created by this act may conduct a comprehensive review and develop in-depth recommendations in time for those recommendations to be considered by the Nintey-Second General Assembly in 2019; and that this act is immediately necessary in order to constitute a task force to immediately begin the work required in this act. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-16-1401. Title.

This subchapter may be cited as the “Digital Learning Act of 2013”.

History. Acts 2013, No. 1280, § 1.

6-16-1402. Legislative intent.

  1. It is the intent of the General Assembly to:
    1. Provide for the expansion of digital learning opportunities to all Arkansas public school students; and
    2. Remove any impediments to the expansion of digital learning opportunities.
  2. This subchapter does not authorize a government entity to provide directly or indirectly basic local exchange, voice, data, broadband, video, or wireless telecommunication service except as authorized under § 23-17-409(b).

History. Acts 2013, No. 1280, § 1.

6-16-1403. Digital learning — Approved provider list — Definition.

    1. As used in this subchapter, “digital learning” means a digital technology or internet-based educational delivery model that does not rely exclusively on compressed interactive video.
    2. Digital learning services may be procured from both in-state and out-of-state digital learning providers.
  1. The Division of Elementary and Secondary Education shall annually:
    1. Publish a list of approved digital learning providers that offer digital learning services; and
    2. Provide a copy of the list of approved digital learning providers to the House Committee on Education and the Senate Committee on Education no later than June 1 each year.

History. Acts 2013, No. 1280, § 1; 2019, No. 910, § 1354.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (b).

6-16-1404. Digital learning environment.

A digital learning environment shall be composed of:

  1. Access to quality digital learning content and online blended learning courses;
  2. Tailored digital content designed to meet the needs of each student;
  3. Digital learning content that meets or exceeds the curriculum standards and requirements adopted by the State Board of Education and that is capable of being assessed and measured through standardized tests or local assessments; and
  4. Infrastructure that is sufficient to handle and facilitate a quality digital learning environment.

History. Acts 2013, No. 1280, § 1.

6-16-1405. Digital learning providers.

  1. To become an approved digital learning provider, a digital learning provider shall submit proof that the provider:
    1. Is nonsectarian and nondiscriminatory in its programs, employment practices, and operations;
    2. Demonstrates or partners with an organization that demonstrates successful experience in furnishing digital learning courses to public school students as demonstrated by student growth in each subject area and grade level for which it proposes to provide digital learning courses;
    3. Meets or exceeds the minimum curriculum standards and requirements established by the State Board of Education and ensures instructional and curricular quality through a curriculum and accountability plan that addresses every subject area and grade level for which it agrees to provide digital learning courses; and
      1. Utilizes qualified teachers to deliver digital learning courses to public school students.
      2. A qualified teacher who delivers digital learning courses under this subchapter is not required to be licensed as a teacher or administrator by the state board, but shall meet the minimum qualifications for teaching in a core content area established by rules of the state board.
  2. The Division of Elementary and Secondary Education or state board shall not require as a condition of approval of a digital learning provider that the digital learning provider limit the delivery of digital learning courses to public schools that require physical attendance at the public school to successfully complete the credit for which the digital learning course is provided.

History. Acts 2013, No. 1280, § 1; 2017, No. 745, § 20; 2019, No. 910, § 1355.

Amendments. The 2017 amendment deleted “highly” preceding “qualified” in (a)(4)(A) and (a)(4)(B); in (a)(4)(B), substituted “who” for “that”, and added “but shall meet the minimum qualifications for teaching in a core content area established by rules of the state board”.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b).

6-16-1406. Digital learning courses.

  1. All public school districts and public charter schools shall provide at least one (1) digital learning course to their students as either a primary or supplementary method of instruction.
  2. All digital learning courses provided by public school districts or public charter schools shall:
    1. Be of high quality;
    2. Meet or exceed the curriculum standards and requirements established by the State Board of Education; and
    3. Be made available in a blended learning, online-based, or other technology-based format tailored to meet the needs of each participating student.
  3. Digital learning courses shall be capable of being assessed and measured through standardized tests or local assessments.
  4. Beginning with the entering ninth grade class of the 2014-2015 school year, each high school student shall be required to take at least one (1) digital learning course for credit to graduate.
  5. The state board shall not limit the number of digital learning courses for which a student may receive credit through a public school or a public charter school and shall ensure that digital learning courses may be used as both primary and secondary methods of instruction.
  6. The state board may promulgate rules to implement this section.
  7. A public school district or open-enrollment public charter school that expels a student under § 6-18-507 shall offer to the expelled public school student digital learning courses or other alternative educational courses for which the student may receive academic credit that is at least equal to credit the expelled public school student may have received if he or she was still enrolled in his or her assigned public school or open-enrollment public charter school immediately before he or she was expelled.

History. Acts 2013, No. 1280, § 1; 2017, No. 939, § 1; 2019, No. 709, § 1.

Amendments. The 2017 amendment deleted “Pilot program” at the beginning of the section heading; deleted (a)(1); redesignated former (a)(2) as (a); deleted “Beginning in the 2014-2015 school year” at the beginning of (a); substituted “state board” for “State Board of Education” in (e); and added (f).

The 2019 amendment added (g).

Subchapter 15 — Reengagement System and Differentiated Pathway to a High School Diploma Program

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-16-1501. Findings and intent.

  1. The General Assembly finds that some students are unlikely to become reengaged in their education through the traditional high school pathway to a high school diploma because they have:
    1. Failed multiple classes and are far behind their peers in accumulating credits to graduate; and
    2. Come to believe that obtaining a high school diploma is not an achievable goal.
  2. The General Assembly further finds that:
    1. For many years, school districts, two-year institutions of higher education, and community-based organizations such as the Arkansas National Guard Youth Challenge Program have created partnerships to provide appropriate educational programs for students at risk of becoming disengaged;
    2. In recent years, many of these partnerships have ceased to operate due to laws and rules that permit school districts to contract using basic education allocations that do not provide sufficient guidance to students and direct hundreds of disengaged students to a learning environment that includes preparation for the General Education Development (GED) Test; and
    3. Programs have been forced to adapt to laws and rules that were not designed to address the needs of the students being served, leaving students without a viable alternative for continuing their public education and graduating from a high school.
    1. It is the intent of the General Assembly to provide a statutory framework that will support a statewide reengagement through a Reengagement System and Differentiated Pathway to a High School Diploma Program for students.
    2. The framework for the Reengagement System and Differentiated Pathway to a High School Diploma Program addresses funding, programs, and administration by directing the State Board of Education to develop model contracts and interlocal agreements that can be tailored by a school district to fit the needs of the school district.
    3. The General Assembly further intends to encourage school districts, state-supported institutions of higher education, career education, and community-based organizations such as the Arkansas National Guard Youth Challenge Program to participate in the Reengagement System and Differentiated Pathway to a High School Diploma Program and to provide appropriate instruction and services to reengage students and help them progress toward a high school diploma and workforce readiness skills.

History. Acts 2015, No. 1260, § 1.

6-16-1502. Program established.

  1. The Reengagement System and Differentiated Pathway to a High School Diploma Program is established.
  2. The purpose of the program is to provide appropriate educational opportunities and access to services for students sixteen (16) years of age to twenty-one (21) years of age who are disengaged from the traditional high school setting and who are in danger of dropping out of high school or not accumulating sufficient credits to reasonably complete a high school diploma.

History. Acts 2015, No. 1260, § 1.

6-16-1503. Definitions.

As used in this subchapter:

  1. “Eligible student” means a student who is:
    1. At least sixteen (16) years of age;
    2. Either:
      1. Below the fifty percent (50%) of credits required for grade level and the minimum set of credits needed to complete a high school diploma from a public school before twenty-one (21) years of age; or
      2. Recommended for participation in the Reengagement System and Differentiated Pathway to a High School Diploma Program by a high school counselor; and
    3. Enrolled in or enrolls in the school district in which the student resides or in a nonresident school district under a legal school choice option;
    1. “Full-time equivalent eligible student” means an eligible student whose enrollment and attendance meet the criteria adopted by the school district specifically for the Reengagement System and Differentiated Pathway to a High School Diploma Progam.
    2. Criteria adopted by a school district shall be based on:
      1. The accumulated credits generated by the student in high school, at a state-supported institution of higher education, or in the Arkansas National Guard Youth Challenge Program; and
      2. A minimum amount of planned programming or instruction and minimum attendance by the student, rather than the hours of seat time; and
  2. “Participating program” means an educational program that offers without limitation the following instruction and services:
      1. Academic instruction that generates credits that can be applied to a high school diploma from the student's school district or from a state-supported institution of higher education with the goal of enabling the student to obtain the academic and workforce skills necessary for employment, postsecondary education, or the military, including without limitation:
        1. Academic skills instruction; and
        2. College and workforce readiness preparation.
      2. Academic instruction is not limited to only the subject areas in which the student is deficient in accumulated credits.
      3. Academic instruction shall be provided by a certified teacher or by an instructor employed by a state-supported institution of higher education;
    1. Individual graduation plans;
    2. Academic and career counseling;
    3. Assistance with accessing services and resources that support the student and reduce barriers to achieving educational success and earning a high school diploma; and
      1. If the participating program is offered by a state-supported institution of higher education, the opportunity for qualified students to enroll in college courses or workforce readiness courses that lead to a high school diploma or enrollment in postsecondary education programs, including certification programs.
      2. College tuition and fees shall be paid by the school district unless a previous memorandum of understanding specifies that the cost is to be shared by the school district, the state-supported institution of higher education, and the student.

History. Acts 2015, No. 1260, § 1.

6-16-1504. School district participation.

  1. A school district may participate in the Reengagement System and Differentiated Pathway to a High School Diploma Program by entering into:
    1. A model contract as specified under § 6-16-1505; or
    2. An interlocal agreement as specified under § 6-16-1505.
  2. This section does not affect the authority of a school district to:
    1. Contract for educational services;
    2. Offer reengagement programs that include career and college classes, internship opportunities, or other educational services for eligible students directly; or
    3. Have an audit conducted to ensure that the participating program offered by the school district meets academic standards adopted by the Division of Elementary and Secondary Education.

History. Acts 2015, No. 1260, § 1; 2019, No. 910, § 1356.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(3).

6-16-1505. Model contract and model interlocal agreement.

  1. The State Board of Education shall develop and adopt a model contract and model interlocal agreement that a school district can tailor to its needs for adopting a participating program in the Reengagement System and Differentiated Pathway to a High School Diploma Program.
  2. A model contract or model interlocal agreement shall address without limitation:
    1. The responsibilities of identifying, referring, and enrolling eligible students;
    2. Instruction and services to be provided as part of a participating program;
    3. The responsibilities for data collection and reporting, including student transcripts and data required by the Division of Elementary and Secondary Education;
    4. Administration of the high school student assessments or their equivalent;
      1. Uniform financial reimbursement rates per full-time equivalent eligible student enrolled in a participating program, calculated and allocated as a statewide annual average of public school funding and including enhancements for students enrolled in college classes and workforce readiness programs.
      2. Financial reimbursement may include a uniform administrative fee to be retained by the school district;
    5. The responsibilities for providing special education or related services for eligible students with disabilities who have an individualized education plan;
    6. Minimum instructional staffing ratios for participating programs offered by community-based organizations such as the Arkansas National Guard Youth Challenge Program, which are not required to be the same as for other basic education programs in school districts; and
    7. Performance measures that are required to be reported to high school counselors for the purpose of accountability, including longitudinal monitoring of student progress.
  3. An eligible student enrolled in a participating program is considered a regularly enrolled student of the school district in which he or she is enrolled.

History. Acts 2015, No. 1260, § 1; 2019, No. 910, § 1357.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(3).

6-16-1506. Rules.

The State Board of Education shall adopt rules to implement the Reengagement System and Differentiated Pathway to a High School Diploma Program, including without limitation rules addressing:

  1. The eligibility of a student at least sixteen (16) years of age but less than nineteen (19) years of age to take the General Education Development (GED) Test if the student provides a substantial and warranted reason for leaving the regular high school education program; and
  2. The determination of whether or not a student is eligible to enroll in a participating program.

History. Acts 2015, No. 1260, § 1.

Chapter 17 Personnel

Research References

ALR.

Personal liability of teacher for personal injury or death of student. 34 A.L.R.4th 228.

Personal liability of public school executive or administrative officer in negligence action for personal injury or death of student. 35 A.L.R.4th 272.

Personal liability in negligence action of public school employee, other than teacher or executive or administrative officer, for personal injury or death of student. 35 A.L.R.4th 328.

Public school teacher's self-defense, or defense of another, as justification, in dismissal proceedings, for use or threat of use of force against student. 37 A.L.R.4th 842.

Am. Jur. 67B Am. Jur. 2d, Schools, § 145 et seq.

C.J.S. 78 C.J.S., Schools, § 235 et seq.

Subchapter 1 — General Provisions

Effective Dates. Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1983, No. 382, § 3: Mar. 9, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that every effort must be made to prevent drug abuse by children within our school systems; and that this Act is designed to offer means and encouragement to teachers and school officials to call to the attention of a child's parents, to law enforcement officials, or health care providers instances of drug abuse by children, without the fear of civil liability therefor; and that the provisions of this Act will discourage drug abuse and its harmful effects upon the young people of this State. Therefore, and emergency is hereby declared to exist and this Act, being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after is passage and approval.”

Acts 1987, No. 558, § 3: effective with 1987-88 school year and each school year thereafter.

Acts 1991, No. 542, § 11: Mar. 14, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that a recent court decision has led to uncertainty in the area of immunity under existing Arkansas Code provisions; that to clarify such provisions will allow those persons to avoid needless legal expenses resulting from the possible misinterpretation of the law. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 587, § 5: Mar. 18, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the increasing frequency of suicides constitutes a serious and immediate threat to the welfare of the youth of this State and that teachers, school counsellors and other school personnel, health care providers, and suicide prevention counsellors should be allowed to provide assistance without fear of being sued as a result thereof. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1994 (2nd Ex. Sess.), No. 51, § 9: Aug. 25, 1994. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas, meeting in Second Extraordinary Session, that student discipline is essential to the creation of an optimum learning environment; and that the only place that many individuals are likely to learn self-control and good behavior is in the public schools; and that teachers and administrators in school districts that authorizes corporal punishment should have adequate protection from civil liability, provided only that the corporal punishment is administered in accord with certain procedures. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1999, No. 1078, § 92: July 1, 2000.

Acts 2005, No. 1881, § 2: Aug. 1, 2005. Effective date clause provided: “This act shall be effective beginning August 1, 2005.”

Acts 2005, No. 1943, § 3: Aug. 1, 2005. Effective date clause provided: “This act shall be effective beginning August 1, 2005.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Ark. L. Rev.

The Emerging Law of Students' Rights, 23 Ark. L. Rev. 619.

6-17-101. [Repealed.]

Publisher's Notes. This section, concerning certificate of health and tuberculosis tests, was repealed by Acts 2013, No. 231, § 1. The section was derived from Acts 1931, No. 169, § 194; Pope's Dig., §§ 3597, 11636; Acts 1947, No. 326, § 1; 1965, No. 455, § 1; 1977, No. 97, § 1; A.S.A. 1947, §§ 80-1210 — 80-1213; Acts 1987, No. 677, § 4; 1989, No. 640, § 1; 2005, No. 1994, § 62; 2007, No. 313, § 1.

6-17-102. Emergency first aid personnel.

Every public elementary school and every public secondary school in the State of Arkansas shall have in its employ at least one (1) person who is certified by the American Red Cross or approved by the Division of Elementary and Secondary Education as qualified to administer emergency first aid and who shall be on the school grounds during normal school hours.

History. Acts 1977, No. 395, § 1; A.S.A. 1947, § 80-1263; Acts 2019, No. 910, § 1358.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education”.

6-17-103. [Repealed.]

Publisher's Notes. This section, concerning teachers' meetings, was repealed by Acts 1993, No. 294, § 11. The section was derived from Acts 1931, No. 169, § 184; Pope's Dig., § 11626; Acts 1945, No. 75, § 1; A.S.A. 1947, § 80-1218.

6-17-104. Teachers' records and reports.

  1. The teacher shall keep such records and make such reports as may be required by the school district board of directors employing the teacher.
  2. No teacher shall be entitled to the last month's pay under his or her contract with a public school district until he or she has provided to the school district all records and reports required by the school district.

History. Acts 1931, No. 169, §§ 169, 172; Pope's Dig., §§ 11611, 11614; A.S.A. 1947, §§ 80-1215, 80-1217; Acts 1993, No. 294, § 11; 1999, No. 1078, § 57; 2007, No. 311, § 1.

6-17-105. [Repealed.]

Publisher's Notes. This section, concerning administrators' reports, was repealed by Acts 1999, No. 100, § 10 and No. 1078, § 58. The section was derived from Acts 1931, No. 169, § 99; Pope's Dig., § 11542; A.S.A. 1947, § 80-1216; Acts 1993, No. 294, § 11.

6-17-106. Insult or abuse of teacher.

    1. It is unlawful during regular school hours and in a place where a public school employee is required to be in the course of his or her duties for any person to address a public school employee using language that in its common acceptation is calculated to:
      1. Cause a breach of the peace;
      2. Materially and substantially interfere with the operation of the school; or
      3. Arouse the person to whom it is addressed to anger to the extent likely to cause imminent retaliation.
    2. A person who violates this section shall be guilty of a violation and upon conviction be liable for a fine of not less than one hundred dollars ($100) nor more than one thousand five hundred dollars ($1,500).
  1. Each school district shall report to the Division of Elementary and Secondary Education any prosecutions within the school districts under this section.

History. Acts 1979, No. 125, § 1; A.S.A. 1947, § 80-1905.1; Acts 1987, No. 741, § 1; 2001, No. 1565, § 1; 2005, No. 1994, § 63; 2019, No. 910, § 1359.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b).

Research References

U. Ark. Little Rock L.J.

Survey—Criminal Law, 10 U. Ark. Little Rock L.J. 559.

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

Annual Survey of Caselaw, Constitutional Law, 24 U. Ark. Little Rock L. Rev. 905.

Case Notes

Constitutionality.

Subsection (a) is unconstitutional as it improperly impinges on the First Amendment, as well as the Due Process Clause of the Fourteenth Amendment of the United States Constitution. Shoemaker v. State, 343 Ark. 727, 38 S.W.3d 350 (2001) (decided under prior law).

Evidence.

In a prosecution for insulting a teacher at his school in the presence of his pupils, it was not error for the court to ask a witness whether the teacher seemed to be offended or insulted by the conduct of the defendant. New v. State, 99 Ark. 142, 137 S.W. 564 (1911).

In a prosecution for visiting a school and insulting a teacher in the presence of the pupils, it was not error to permit witnesses to testify as to threats made at the time by defendant against the teacher and that he afterward carried the threats into execution, as such testimony tended to show the defendant's disposition of mind at the time of the alleged insult. New v. State, 99 Ark. 142, 137 S.W. 564 (1911).

Where the defendant was proved by undisputed evidence to have visited the school and insulted the teacher, it was not prejudicial error to permit a witness to testify that the defendant used “vile, profane and abusive language” toward the teacher since the punishment for the offense being fixed, the testimony could not have increased the punishment. New v. State, 99 Ark. 142, 137 S.W. 564 (1911).

Instruction.

It was not error in a prosecution for insulting a teacher in the presence of his pupils to instruct that to insult means to offend or make angry. New v. State, 99 Ark. 142, 137 S.W. 564 (1911).

6-17-107. Reporting student drug abuse — Provision of counseling, referrals, medical care, or other assistance to suicidal youths — Immunity from liability — Definition.

  1. Teachers and other school personnel in this state shall be immune from liability and suit for damages for communicating information in good faith concerning drug abuse by any pupil to that pupil's parents, to law enforcement officers, or to healthcare providers.
    1. Teachers, school counselors, school healthcare providers, and other school personnel shall be immune from any civil liability for providing counseling, referral, emergency medical care, or other assistance offered in good faith to suicidal students or other suicidal youth.
    2. “Suicidal” refers to a person who poses a substantial risk of physical harm to himself or herself as manifested by evidence of, threats of, or attempts at suicide or self-inflicted bodily harm or by evidence of other behavior or thoughts that create a grave and imminent risk to his or her physical condition.
  2. This section shall not preclude liability for civil damages where the individual negligently performs professional counseling or nursing services which he or she is licensed under state law to perform.
  3. This section shall not preclude liability for civil damages as the result of gross negligence.

History. Acts 1983, No. 382, § 1; A.S.A. 1947, § 80-1265; Acts 1991, No. 542, § 2; 1991, No. 587, § 1.

6-17-108. Authority for teachers to wear religious clothing.

Any teacher may wear the clothing of any established and recognized religion in the public schools and institutions of this state.

History. Acts 1973, No. 196, § 1; A.S.A. 1947, § 80-1261.

6-17-109. Travel reimbursement for family and consumer science teachers.

Teachers of family and consumer science shall be reimbursed for travel in the same manner as provided for teachers of agriculture.

History. Acts 1989 (1st Ex. Sess.), No. 127, § 28; 1989 (1st Ex. Sess.), No. 276, § 46; 1999, No. 1323, § 19.

A.C.R.C. Notes. Former § 6-17-109, concerning travel reimbursement for home economics teachers, is deemed to be superseded by this section. The former section was derived from Acts 1987, No. 893, § 46; 1987, No. 1058, § 31. A similar provision which was also codified as § 6-17-109, and was previously superseded, was derived from Acts 1983, No. 308, § 31; 1983, No. 929, § 25.

6-17-110. Program to increase racial and ethnic sensitivity.

  1. The State Board of Education is hereby authorized and directed to develop, in cooperation with the Black History Commission of Arkansas, an inclusive statewide program to increase the racial and ethnic sensitivity of teachers and administrators in the public schools of this state.
  2. The program shall serve to assist teachers and administrators in developing a greater awareness of ethnic and racial differences, improving interpersonal skills, and enhancing racial harmony.
  3. Participating schools and school districts shall permit their teachers and administrators who have received training in the program to assist in training other teachers and administrators.
  4. Colleges and universities are hereby encouraged to work with neighboring local school districts regarding professional development of racial and ethnic awareness.
  5. Records shall be kept of the activities authorized by this section.

History. Acts 1993, No. 197, § 2.

Publisher's Notes. Former § 6-17-110, concerning teacher career development, was repealed by Acts 1991, No. 343, § 13. The former section was derived from Acts 1985, No. 1061, §§ 1, 2; 1985 (1st Ex. Sess.), No. 15, §§ 1-3; 1985 (1st Ex. Sess.), No. 31, §§ 1-3; A.S.A. 1947, §§ 80-1271 — 80-1273.

Acts 1993, No. 197, § 1, provided:

“The General Assembly hereby acknowledges that the citizens of Arkansas come from diverse racial and ethnic backgrounds and that the only common meeting ground for many individuals is in the public schools. It is imperative that the persons charged with administration of the public schools, with supervision of students in the classroom, and with parent consultations should be sensitive to racial and ethnic differences among students, parents, fellow teachers, and administrators. Therefore, the purpose of this act is to serve as a mandate to the public schools of Arkansas to increase the racial and ethnic sensitivity of all certified personnel.”

6-17-111. Duty-free lunch period.

    1. Each school district in this state shall provide at least a thirty-minute uninterrupted duty-free lunch period during each student instructional day for each licensed school employee in its employment.
    2. Any teacher not receiving a duty-free lunch period during each student instructional day as provided in subdivision (a)(1) of this section shall be compensated at his or her hourly rate of pay for each missed lunch period.
    3. [Repealed.]
  1. Lunchroom supervisors who have been in-serviced may be volunteers, personnel in nonlicensed positions, or aides.

History. Acts 1987, No. 558, § 1; 2001, No. 1373, § 1; 2005, No. 1881, § 1; 2011, No. 989, § 24; 2013, No. 1138, § 30; 2019, No. 728, § 1.

Amendments. The 2011 amendment substituted “licensed” for “certified” in (a)(1).

The 2013 amendment substituted “personnel in nonlicensed positions” for “noncertified personnel” in (b).

The 2019 amendment repealed (a)(3).

6-17-112. Corporal punishment — Immunity from liability — Definition.

    1. Except as provided under subdivision (a)(2) of this section, teachers and administrators in a school district that authorizes use of corporal punishment in the school district's written student discipline policy shall be immune from any civil liability for administering corporal punishment to students, provided only that the corporal punishment is administered in substantial compliance with the school district's written student discipline policy.
    2. A teacher or administrator in a school district that authorizes use of corporal punishment in the school district's written student discipline policy is not immune from civil liability under subdivision (a)(1) of this section if the teacher or administrator uses corporal punishment on a child who is intellectually disabled, nonambulatory, nonverbal, or autistic.
  1. As used in subsection (a) of this section, “teachers and administrators” means those persons employed by a school district and required to have a state-issued license as a condition of their employment.

History. Acts 1994 (2nd Ex. Sess.), No. 51, §§ 3, 5; 2011, No. 989, § 25; 2019, No. 557, § 1.

Amendments. The 2011 amendment substituted “license” for “certificate” in (b).

The 2019 amendment substituted “Except as provided under subdivision (a)(2) of this section, teachers and administrators” for “Teachers and administrators” in (a)(1); and added (a)(2).

6-17-113. Duty to report and investigate student criminal acts — Definitions.

  1. As used in this section:
    1. “Act of violence” means any violation of Arkansas law where a person purposely or knowingly causes or threatens to cause death or serious physical injury to another person;
    2. “Deadly weapon” means:
      1. A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious physical injury; or
      2. Anything that in the manner of its use or intended use is capable of causing death or serious physical injury; and
    3. “Firearm” means any device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use, including such a device that is not loaded or lacks a clip or other component to render it immediately operable, and components that can readily be assembled into such a device.
    1. Whenever the principal or other person in charge of a public school has personal knowledge or has received information leading to a reasonable belief that any person has committed or has threatened to commit an act of violence or any crime involving a deadly weapon on school property or while under school supervision, the principal or the person in charge shall immediately report the incident or threat to the superintendent of the school district and the appropriate local law enforcement agency.
    2. The report shall be by telephone or in person immediately after the incident or threat and shall be followed by a written report within three (3) business days.
    3. The principal shall notify any school employee or other person who initially reported the incident that a report has been made to the appropriate law enforcement agency.
    4. The superintendent or his or her designee shall notify the local school district board of directors of any report made to law enforcement under this section.
    1. Whenever a law enforcement officer receives a report of an incident pursuant to subsection (b) of this section, that officer shall immediately report the incident to the office of the prosecuting attorney and shall immediately initiate an investigation of the incident.
    2. The investigation shall be conducted with all reasonable haste and, upon completion, shall be referred to the prosecuting attorney.
      1. The prosecuting attorney shall implement the appropriate course of action and, within thirty (30) calendar days after receipt of the file, the prosecuting attorney shall provide a written report to the principal.
      2. The report shall state:
        1. Whether the investigation into the reported incident is ongoing;
        2. Whether any charges have been filed in either circuit court or the juvenile division of circuit court as a result of the reported incident; and
        3. The disposition of the case.
    3. Upon receipt of the report from the prosecuting attorney, the principal shall notify any school employee or any other person who initially reported the incident that a report has been received from the prosecuting attorney.
  2. Excluding the reporting requirement set out in subdivision (c)(3) of this section, any person who purposely fails to report as required by this section shall be guilty of a Class C misdemeanor.
  3. The State Board of Education shall promulgate rules to ensure uniform compliance with the requirements of this section and shall consult with the office of the Attorney General concerning the development of these rules.

History. Acts 1995, No. 888, § 1; 1997, No. 1243, § 1; 1999, No. 1520, § 1; 2019, No. 315, § 223.

Amendments. The 2019 amendment deleted “and regulations” following “rules” twice in (e).

6-17-114. Daily planning period — Definition.

    1. Effective beginning the 2003-2004 school year, each school district in this state shall provide a minimum of two hundred (200) minutes each week for each teacher to schedule time for conferences, instructional planning, and preparation for all classroom teachers employed by the school district.
      1. The planning time shall be in increments of no less than forty (40) minutes during the student instructional day unless a teacher submits a written request to be allowed to have his or her planning time scheduled at some time other than during the student instructional day.
      2. A teacher who does not receive the planning time required under subdivision (a)(2)(A) of this section during the student instructional day shall be compensated at his or her hourly rate of pay for each missed planning period except for planning periods missed because of occasional, not-regularly-scheduled field trips, fire drills, or bomb scares.
      3. [Repealed.]
    1. No school district shall provide planning time as required by this section by lengthening the school day unless the school district compensates teachers for the additional time at an hourly per diem rate.
    2. Any teacher not receiving individual planning time as provided for in this section shall be compensated for the planning time lost at his or her hourly rate of pay.
  1. Each school district shall implement the requirements of this section in accordance with § 6-17-201 et seq.
  2. As used in this section, “student instructional day” means the time that students are required to be present at school.

History. Acts 1997, No. 1343, § 1; 2001, No. 1208, § 1; 2003, No. 462, § 1; 2005, No. 1943, §§ 1, 2; 2019, No. 728, § 2.

Amendments. The 2019 amendment repealed (a)(2)(C).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, Teachers and Other School Employees, 26 U. Ark. Little Rock L. Rev. 377.

6-17-115. Elective or appointive office — State policy — Public school district policy.

  1. It is the policy of this state to encourage public school employees to participate in government and to reduce barriers to their seeking or holding an elective or appointive office. Therefore, it is the purpose of this section to provide public school employees clear information concerning the policies of the school affecting the rights of employees to seek or hold elective or appointive office.
    1. Each public school district shall adopt a policy concerning the right of employees of the school district to seek and hold an elective or an appointive office.
    2. The policy shall state the consequences, if any, for seeking or holding an elective or appointive office.

History. Acts 1997, No. 1302, §§ 1, 2.

A.C.R.C. Notes. Former § 6-17-116 is now codified as § 6-17-115(b).

6-17-116. The Arkansas School Children Protection Act — Definitions.

  1. This section shall be known and may be cited as “The Arkansas School Children Protection Act”.
  2. For purposes of this section:
    1. “Conviction” means having pleaded guilty or nolo contendere to or having been found guilty of committing a sexual offense against a minor or student; and
    2. A “sexual offense” is one described in § 5-14-101 et seq.
    1. Any public school district employee who commits a sexual offense against a minor shall upon conviction be dismissed from employment and shall not thereafter be eligible for employment by any school in this state.
    2. Any public school teacher who commits a sexual offense under § 5-14-125(a)(6) shall upon conviction be dismissed from employment and shall not thereafter be eligible for employment by any school in this state.

History. Acts 2001, No. 1732, § 1; 2003, No. 1720, § 1.

6-17-117. Noninstructional duties — Definitions.

    1. The purpose of this section is to provide additional time for instructional purposes and to reduce the amount of time for noninstructional duties.
    2. Any teacher assigned more than sixty (60) minutes of noninstructional duties per week shall be contracted in accordance with § 6-17-807(g).
  1. As used in this section:
    1. “Noninstructional duties” means the supervision of students before or after the instructional day begins or ends for students or for the supervision of students during breakfasts, lunches, or scheduled breaks; and
    2. “Instructional purposes” means activities initiated by the teacher related to teaching duties, including without limitation contacting parents, assessing student performance, documenting student performance, organizing the classroom, preparing instructional materials, supervising students during recess, and other teaching responsibilities related to instructional planning and the direct instruction of students.

History. Acts 2003, No. 1398, § 1; 2003 (2nd Ex. Sess.), No. 37, § 1; 2019, No. 641, § 3.

Amendments. The 2019 amendment deleted “recesses” following “lunches” in (b)(1); and, in (b)(2), substituted “without limitation” for “but not limited to”, and inserted “supervising students during recess”.

Case Notes

In General.

Trial court did not err in granting teacher's motion for class certification in a breach of contract action against the school district because there were adequate methods for determining the identity of class members, the class definition was specific enough to prevent it from becoming too unwieldy, and there were common issues as to what comprised a school day under the teacher contracts and the teachers' uncompensated noninstructional duties; further, the class definition did not require the trial court to delve into the ultimate issue in determining which teachers were class members. Van Buren Sch. Dist. v. Jones, 365 Ark. 610, 232 S.W.3d 444 (2006).

Noninstructional Duties.

Trial court did not clearly err in finding that the 15-minute physical activity period that the school district required the teachers to supervise was noninstructional duty under this section where the evidence showed that the change of title from “recess” to “physical activity” was simply a matter of semantics and the 15-minute periods still met the common meaning and practice of recess. Pulaski Cnty. Special Sch. Dist. v. Lewis, 2017 Ark. App. 264, 521 S.W.3d 142 (2017).

Cited: Carter v. Arkansas, 392 F.3d 965 (8th Cir. 2004).

6-17-118. Public education surplus computer loan program.

    1. Any public school district or open-enrollment charter school may develop a program that offers that school district's or charter school's surplus personal computers for loan to public school students attending that public school district or open-enrollment charter school.
    2. Before a public school district or open-enrollment charter school may loan any of its surplus personal computers under this program, it shall:
      1. Determine that the personal computer:
        1. Is outdated;
        2. Is no longer useful to the school district or charter school except as provided in subdivision (a)(2)(A)(iv) of this section;
        3. Has no reasonable resale value; and
        4. May be used by the school district or charter school as an at-home educational tool for students; and
      2. Remove all information and other records from the personal computer that are required by law not to be disclosed by the school district or charter school.
    3. A public school district or open-enrollment charter school may loan a surplus personal computer to a currently enrolled student of that school district or charter school for no longer than the school year if the student's parent, guardian, or caregiver:
      1. Provides written verification that the student:
        1. Does not have access to a personal computer in his or her home environment;
        2. Needs the use of a personal computer for educational purposes; and
        3. Identifies one (1) of the student's teachers who is willing to attest to the student's need for access to a personal computer; and
      2. Signs an agreement:
        1. Accepting legal responsibility and liability for:
          1. The value and maintenance of the personal computer while in the student's possession; and
          2. Any reasonable cost associated with the recovery of the personal computer if it is not returned on the agreed-upon date or is damaged upon return; and
        2. Agreeing that the school district or charter school may sell the personal computer loaned to the student if the school district or charter school determines that selling the computer would be beneficial and the computer is sold for its fair market value.
  1. Arkansas Legislative Audit or any private auditor retained by the public school district or open-enrollment charter school to perform its annual audit shall review the program and report any violation of law or the requirements of this section in the school district's or charter school's annual audit.
  2. The State Board of Education shall promulgate any rules necessary for the implementation of this section.

History. Acts 2005, No. 1673, § 1.

6-17-119. Alternative pay programs — Definitions.

  1. As used in this section:
    1. “Alternative pay” means a salary amount that is part of the licensed employee's or classified employee's total compensation for additional responsibilities, mastery of new knowledge and skills, advanced career opportunities, increased student achievement, attracting highly qualified teachers, or professional development exceeding state minimums;
    2. “Classified employee” means a person employed by a public school district under a written annual contract who is not required to have a teaching license issued by the Division of Elementary and Secondary Education as a condition of employment;
    3. “Licensed employee” means a person employed by a public school who is required to hold a license issued by the division; and
    4. “Teacher” means:
      1. Any person who is:
        1. Required to hold a teaching license from the division; and
        2. Is engaged directly in instruction with students in a classroom setting for more than seventy percent (70%) of the individual's contracted time;
      2. A guidance counselor; or
      3. A librarian.
  2. A public school district may offer or participate in an alternative pay program for its licensed employees, classified employees, or both employee groups if:
    1. The program is implemented school district-wide or on a school-by-school basis;
    2. Every eligible licensed employee or classified employee may participate in the program;
      1. The program from the beginning is a collaborative effort among the participating school district board of directors, administrators, teachers, classified employees, association representatives, and parents with children attending the school district.
      2. The school district board of directors, administrators, teachers, and classified employees shall each approve a show-of-interest resolution in the program by at least seventy percent (70%) or another percentage established by a majority vote of the teachers and approved by the local school district board of directors.
        1. Each of the above groups shall be represented on a committee that will design, implement, and evaluate the program.
        2. Each group shall select its own representatives, and the committee shall be composed of at least fifty percent (50%) classroom teachers.
      3. The program is a personnel policy and shall be promulgated in accordance with § 6-17-201 et seq. and § 6-17-2301 et seq., except to the extent that those personnel policies are negotiable in any school district that recognizes an organization representing a majority of teachers;
      1. The program uses a variety of objective criteria that are credible, clear, specific, measurable indicators of student achievement, and generally accepted best practices to determine pay.
      2. No more than fifty percent (50%) of the program's eligibility requirements or alternative pay shall be related to annual increases in test scores;
        1. The program establishes a clear system of pay.
        2. The alternative pay system may not be arbitrary.
      1. The alternative pay shall be at least ten percent (10%) of the salary and receivable in one (1) year;
    3. The program has an established and ongoing support system for the participants with the necessary financial and administrative resources to successfully carry the program through;
    4. The program is included in the district's support plan;
    5. The program is part of a larger set of reforms rather than an isolated approach to improving performance or rewarding certain licensed or classified employees;
    6. Each group identified in subdivision (b)(3)(B) of this section approves the finalized program by:
      1. At least a seventy percent (70%) majority; or
      2. Another percentage established by a majority vote of the teachers and approved by the local school district board of directors; and
      1. The program respects the right of any teacher or classified employee to elect not to participate in the program.
      2. However, if fifty-one percent (51%) or more of an employee group chooses not to participate, the program shall not be implemented for that group.
  3. The division shall promulgate the rules necessary for the proper implementation of this section.
  4. This section shall not apply to any state-funded alternative teacher compensation pilot program or to any other performance-based pay program operating in a public school on July 31, 2007.

History. Acts 2007, No. 847, § 2; 2013, No. 1138, §§ 31, 32; 2019, No. 757, § 32; 2019, No. 910, §§ 1360, 1361.

A.C.R.C. Notes. Acts 2007, No. 847, § 1, provided: “This act shall be known as ‘The Arkansas Alternative Pay Programs Act.’”

Amendments. The 2013 amendment redesignated former (a)(2) and (a)(3) as (a)(3) and (a)(2); and substituted “licensed” for “certified” in (a)(1), present (a)(3), the introductory language of (b), (b)(2), (b)(8) and similar language in present (a)(2).

The 2019 amendment by No. 757 substituted “included in the district’s support plan” for “aligned and linked to each school’s comprehensive school improvement plan” in (b)(7).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(2); and substituted “division” for “department” in (c).

6-17-120. Membership in labor organizations — Definition.

    1. As used in this section, “labor organization” means a lawful organization that is composed of public school employees that exists for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other terms and conditions of employment.
    2. “Labor organization” includes a:
      1. Labor union exempt from taxation under § 501(c)(5) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(5) as amended; and
      2. Professional employee association exempt from taxation under § 501(c)(6) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(6), as amended.
    1. A public school employee may join or terminate membership in a labor organization at any time.
    2. A labor organization or an employer may not place a restriction on the time that a public school employee may join or terminate membership in a labor organization.

History. Acts 2015, No. 964, § 1.

6-17-121. Pre-employment and random drug screening — Definitions.

  1. As used in this section:
    1. “Drug” means the same as defined in § 5-64-101;
    2. “Drug screening” means a chemical test administered for the purpose of determining the presence or absence of a drug in an individual's blood, breath, or urine;
    3. “Employee” means an individual who is currently employed at a public prekindergarten through grade twelve (preK-12) school district; and
    4. “Positive drug screening result” means a finding of the presence of a drug in the sample tested during an individual's drug screening test.
  2. A school district board of directors may implement a policy that requires one (1) or more of the following:
    1. Pre-employment drug screening of an individual who applies for employment at a public school district; or
    2. Random drug screening of current employees.
  3. In the case of a positive drug screening result from a random drug screening of a current employee under this section, a school district may implement disciplinary actions that include without limitation the:
    1. Immediate dismissal of the employee;
    2. Requirement that the employee go on temporary leave; or
    3. Requirement that the employee enter a drug treatment program.

History. Acts 2019, No. 323, § 1.

Subchapter 2 — Personnel Policies

A.C.R.C. Notes. Acts 2009, No. 1180, § 4, provided: “The document attached hereto titled ‘Prologue’ contains the findings concerning the history of school board functions. The document, ‘Prologue’ , shall be filed in the journals of the House and Senate.”

Effective Dates. Acts 1983, No. 224, § 4: Feb. 17, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that some school districts change their personnel policies pertaining to teachers after contracting with the teachers; that such practice is unconscionable; and that this Act is necessary to cure such inequity. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 170, § 5: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly of the State of Arkansas that the effectiveness of this act on July 1, 1991, is essential to the operation of the Department of Education and all school districts in this state and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1991, could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1991, No. 558, § 7: emergency clause failed to pass. Emergency clause provided: “It is hereby found and determined by the General Assembly that each school district in the State should have written grievance procedures which will provide for an orderly method of resolving employee concerns at the lowest possible administrative level; and that it is necessary that this act be given effect immediately to enable school districts to begin developing such grievance procedures as soon as possible. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.

Acts 1997, No. 1031, § 5: Apr. 2, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is declared that immediate passage of this act is necessary to ensure that school boards take final action on any proposed policies or proposed amendments to existing policies before the next school year so that any policies or proposed amendments to existing policies that are referred back to the committee can be considered during this school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 1485, § 2: July 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly that recent litigation has created confusion as to the manner in which school districts pay certified employees and that not to address the issue would create confusion in the state's public school districts and among school personnel. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 2001.”

Acts 2001, No. 1765, § 2: emergency clause failed to pass. Emergency clause provided: “It is found and determined by the General Assembly that state law provides teachers the opportunity to seek recognition by their school boards for negotiating personnel policies, salaries and other matters; that school boards and their representatives should not discourage efforts by teachers to exercise their rights under Arkansas law; that some teachers in Arkansas have been threatened with a loss of compensation for exercising teacher's rights; and that passage of this act is necessary to ensure that teachers are not threatened by their employers because of any actions taken by the teacher in exercising the teacher's rights as guaranteed by state law. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-17-201. Personnel policies requirements — Definition.

  1. Each school district in the state shall have a set of written personnel policies, including the teacher salary schedule.
  2. “Personnel policies” means all school district policies, guidelines, regulations, and procedures that pertain to the terms and conditions of a teacher's employment.
  3. The personnel policies shall include, but are not limited to, the following terms and conditions of employment:
    1. Benefits;
    2. Compensation;
    3. Designation of workdays;
    4. Holidays and noninstructional days;
    5. The annual calendar;
    6. Methods of evaluations;
    7. Extra duties;
    8. Leave;
    9. Grievances;
    10. Dismissal or nonrenewal;
    11. Reduction in force; and
    12. Assignment of teacher aides.
      1. A school district shall not receive in any year any additional funding from the Public School Fund unless the school district posts by September 15 its current personnel policies on the school district's website, including the salary schedule as required by this subchapter.
      2. A written copy of the policies signed by the president of the local school district board of directors shall be retained by the school district in a central records location.
      1. By September 15 of each year, a school district shall provide the Division of Elementary and Secondary Education with the website address at which its current personnel policies, including the salary schedule, may be found.
      2. The division shall notify any school district that has not posted its policies on the school district website or provided the division with the website address in accordance with this section.

History. Acts 1987, No. 687, § 1; 1991, No. 170, § 1; 1999, No. 391, § 6; 2003, No. 1120, § 1; 2005, No. 2121, § 3; 2011, No. 989, § 26; 2013, No. 1073, § 20; 2019, No. 910, § 1362.

A.C.R.C. Notes. As enacted, the 1991 amendment, in (b) began “Beginning July 1, 1991…”

Publisher's Notes. Former § 6-17-201 was repealed by Acts 1987, No. 687, § 6. The section was derived from Acts 1971, No. 714, § 1; 1975, No. 400, § 1; 1979, No. 840, § 1; A.S.A. 1947, §§ 80-1256, 80-1260.1.

Amendments. The 2011 amendment rewrote (d)(1)(A) and (d)(2).

The 2013 amendment, in (e) [now (d)(2)(B)], substituted “posted” for “filed” preceding “its policies” and inserted “on the school district website or provided the department with the website address”.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (d)(2)(A); and substituted “division” for “department” twice in (d)(2)(B).

Case Notes

Compliance.

While personnel policies do not have the force of law, as a matter of contract law and fair dealing a teacher may reasonably expect the district to comply substantially with its own declared policies. Helena-West Helena Sch. Dist. #2 v. Randall, 32 Ark. App. 50, 796 S.W.2d 586 (1990).

Contract Principles.

Traditional contract principles apply to teacher employment contracts, and any ambiguity in a contract must be construed against the party who drafted it. Helena-West Helena Sch. Dist. #2 v. Randall, 32 Ark. App. 50, 796 S.W.2d 586 (1990).

Salary Schedule.

A school district may pay a teacher a salary different from the one specified for that teacher on the district's salary schedule when, according to statute and its own personnel policies filed with the State Board of Education, it could pay a teacher less than required by its salary schedule so long as the Board had “good reason” for doing so and stated such reason in the official minutes of the Board's meetings. Stone v. Mayflower Sch. Dist., 319 Ark. 771, 894 S.W.2d 881 (1995).

Cited: Murray v. Altheimer-Sherrill Pub. Sch., 294 Ark. 403, 743 S.W.2d 789 (1988); Nathaniel v. Forrest City School Dist., 300 Ark. 513, 780 S.W.2d 539 (1989); Junction City Sch. Dist. v. Alphin, 56 Ark. App. 61, 938 S.W.2d 239 (1997).

6-17-202. Right to join a professional organization.

School district boards of directors or their representatives shall not take or threaten actions that interfere with, restrain, or coerce a teacher in the exercise of the teacher's right to join a professional organization.

History. Acts 1987, No. 687, § 2; 2001, No. 1765, § 1; 2019, No. 728, § 3.

Publisher's Notes. Former § 6-17-202 was repealed by Acts 1987, No. 687, § 6. The section was derived from Acts 1971, No. 714, § 2; 1975, No. 400, § 1; A.S.A. 1947, § 80-1257.

Amendments. The 2019 amendment substituted “Right to join a professional organization” for “Applicability” in the section heading; deleted (a); removed the (b) designation from the remaining text; and substituted “that” for “which” and “join a professional organization” for “have an organization represent a majority of the teachers as set forth in this section”.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

6-17-203. Committee for each school district.

  1. Each school district shall have a committee on personnel policies which shall consist of no fewer than five (5) classroom teachers and no more than three (3) administrators, one (1) of which may be the superintendent.
    1. The classroom teacher members of each school district's committee on personnel policies shall be elected by a majority of the classroom teachers voting by secret ballot.
    2. The election shall be solely and exclusively conducted by the classroom teachers, including the distribution of ballots to all classroom teachers.

History. Acts 1987, No. 687, § 2; 1989, No. 56, § 1; 1989, No. 479, § 1.

Publisher's Notes. Former § 6-17-203 was repealed by Acts 1987, No. 687, § 6. The section was derived from Acts 1971, No. 714, § 3; 1975, No. 400, § 1; A.S.A. 1947, § 80-1258.

Case Notes

Purpose.

The 1989 amendment made it clear that the General Assembly intended for the election to be conducted by the teachers, not the administration, and not the teachers with the help of the administration. Nathaniel v. Forrest City School Dist., 300 Ark. 513, 780 S.W.2d 539 (1989).

The meaning of subsection (b) is clear — the election is to be “conducted by the teachers”. The phrase “conducted by the teachers” does not mean that teachers are only allowed to vote; it means that they can conduct the election without direction or interference from the administration. Nathaniel v. Forrest City School Dist., 300 Ark. 513, 780 S.W.2d 539 (1989) (decision prior to the 1989 amendment); Hope Educ. Ass'n v. Hope Sch. Dist., 310 Ark. 768, 839 S.W.2d 526 (1992).

Invalid Boards.

Because the teacher members of the committee on personnel policies were not elected in accordance with subsection (b) of this section, this Committee was invalidly constituted; thus, the Board of Education's failure to submit to the Committee a five percent increase in extra duty pay prior to adoption was excused. Hope Educ. Ass'n v. Hope Sch. Dist., 310 Ark. 768, 839 S.W.2d 526 (1992).

Cited: Junction City Sch. Dist. v. Alphin, 56 Ark. App. 61, 938 S.W.2d 239 (1997).

6-17-204. Incorporation into teachers' contracts.

  1. The personnel policies of all school districts shall be considered to be incorporated as terms of the licensed personnel contracts and shall be binding on the licensed personnel and the school district.
    1. Any changes or additions to the personnel policies shall not be considered a part of licensed personnel contracts until the next fiscal year.
      1. Any changes or additions to the personnel policies may take effect before the next fiscal year only if the changes or additions are approved by a majority of the licensed personnel employed by the school district voting by secret ballot.
      2. The voting and counting shall be conducted by the personnel policy committee.
    2. All changes or additions to the personnel policies or new personnel policies shall be made in accordance with this subchapter.
    1. Notwithstanding subsection (b) of this section, a change or addition to the personnel policies that is necessary to ensure compliance with a state rule or federal regulation, a state law enacted during a legislative session, or a federal law that is adopted by the school district board of directors each year by the later of June 30 or ninety (90) days after the effective date of a change to a state rule or federal regulation, a state law enacted during a legislative session, or a federal law giving rise to the specific policy change or addition shall be considered a part of licensed personnel contracts on July 1 of the same calendar year or upon the date of adoption if adopted after June 30.
    2. Any changes or additions to the personnel policies adopted by the school district board of directors between May 1 and June 30 each year that are not required to ensure compliance with state law or rule or federal law or regulation shall be considered a part of licensed personnel contracts on July 1 of the same calendar year if:
      1. A notice of the change is sent no later than five (5) working days after final board action by first class letter to the address on record in the personnel file of each affected employee; and
      2. The notice of change includes:
          1. The new or modified policy.
          2. A modified policy shall be provided in a form that clearly shows additions underlined and deletions stricken; and
          1. A provision that states that due to the policy change, each continuing employee under contract shall have the power to unilaterally exercise the power of rescission within a period of thirty (30) days after the school district board of directors takes final action by providing to the school district board of directors a notice of rescission in the form of a letter of resignation during the period of thirty (30) days.
          2. For continuing contract employees covered under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq., the power of rescission in this section shall be in addition to the power of rescission provided under § 6-17-1506.
    1. A school district shall adopt, in accordance with this subchapter, a supplement to the salary schedule for those licensed staff employed longer than the period covered by the salary schedule and for duties in addition to licensed employees' regular teaching assignments.
    2. Compensation policies approved by the personnel policy committee shall not apply to the chief administrator who is charged with administration of salary policy for all employees.
    3. A licensed employee may not waive payment according to the salary schedule.
  2. Under §§ 6-5-307(a) and 6-20-412 a school district is not prohibited from paying a licensed employee additional salary increases as a supplement to the salary schedule even though the licensed employee is not employed an additional time period longer than the period covered by the salary schedule or required to perform duties in addition to the licensed employee's regular teaching assignments.

History. Acts 1983, No. 224, §§ 1, 2; A.S.A. 1947, §§ 80-1258.1, 80-1258.2; Acts 1995, No. 1260, § 1; 1997, No. 931, § 1; 2001, No. 1485, § 1; 2009, No. 1180, § 3; 2011, No. 186, § 1; 2011, No. 981, § 4; 2011, No. 989, § 27; 2015, No. 835, § 1; 2019, No. 315, § 224.

A.C.R.C. Notes. Acts 1997, No. 931, § 2, provided: “It is the intent of the General Assembly by this act to clarify that the personnel policies of a local school district shall be considered part of the district's contract with certified personnel upon which certified personnel can rely.”

Amendments. The 2009 amendment rewrote (c)(1); redesignated (c)(2) as (d), and redesignated the remaining subsection accordingly; substituted “licensed” for “certified” in two places in (d)(1); substituted “licensed employee” for “certified person” in (d)(2); in (e), deleted “the provisions of The Educator's Compensation Act of 2001, § 6-17-2101 et seq. [Repealed]” following “Under,” substituted “licensed employee” for “certified staff” in two places, and substituted “licensed employee's” for “certified employees’”; and made related and minor stylistic changes.

The 2011 amendment by identical acts Nos. 186 and 981 inserted “not” following “district is” in (e).

The 2011 amendment by No. 989 substituted “licensed personnel” for “certified personnel” throughout (a) through (c).

The 2015 amendment rewrote (c)(1).

The 2019 amendment inserted “rule” twice in (c)(1); and inserted “law or rule” in the introductory language of (c)(2).

Case Notes

Compliance with Policies.

While personnel policies do not have the force of law, as a matter of contract law and fair dealing a teacher may reasonably expect the district to comply substantially with its own declared policies. Helena-West Helena Sch. Dist. #2 v. Randall, 32 Ark. App. 50, 796 S.W.2d 586 (1990).

Contract Principles.

Traditional contract principles apply to teacher employment contracts, and any ambiguity in a contract must be construed against the party who drafted it. Helena-West Helena Sch. Dist. #2 v. Randall, 32 Ark. App. 50, 796 S.W.2d 586 (1990).

Supplemental Salary Schedule.

School district was permitted to adopt a supplemental salary schedule for teachers who performed duties in addition to their regular assignments as teachers and it did not violate state statutes when it compensated the teacher at a daily rate of pay for her work as a certified teacher and at a lesser rate according to the supplemental salary schedule for her work as an uncertified program coordinator. Bond v. Lavaca Sch. Dist., 347 Ark. 300, 64 S.W.3d 249 (2001).

Cited: Junction City Sch. Dist. v. Alphin, 56 Ark. App. 61, 938 S.W.2d 239 (1997).

6-17-205. Organization and duties of committee.

    1. Each school district's committee on personnel policies shall organize itself in the first quarter of each school year and elect a chair and a secretary.
    2. The committee shall develop a calendar of meetings throughout the year to review the school district's personnel policies in order to:
      1. Determine whether additional policies or amendments to existing policies are needed;
      2. Review any policies or changes to policies proposed by the board of directors;
      3. Propose additional policies or amendments to the board of directors; and
      4. Review any proposed distribution of a salary underpayment from previous years.
    3. Minutes of the committee meetings shall be promptly reported and distributed to members of the board of directors and posted in the buildings of the school district, including the administrative offices.
    1. Either the committee or the board of directors may propose new personnel policies or amendments to existing policies.
    2. New personnel policies or amendments to existing personnel policies proposed by the board of directors may not be voted on by the board of directors as a school district policy unless the final form of the policy to be voted on has been submitted as a proposed policy to the committee for consideration at least ten (10) working days before the vote of the board of directors.
      1. The superintendent may recommend any changes in personnel policies to the board of directors or to the personnel policies committee.
      2. The recommendations may then become proposals at the discretion of either the board of directors or the committee.
  1. The chair of the committee or a committee member designated by the chair shall be placed on the board of directors' agenda and shall have the opportunity to orally present to the board of directors the committee's comments, positions, or proposals on the final form of any proposed policies or amendments to existing policies, whether proposed by the committee or the board of directors, before they are voted on by the board of directors as school district policies.
  2. After the oral presentation to the board of directors, the board of directors may take final action immediately, but final action shall be taken no later than its next regular board of directors meeting.
  3. The board of directors may adopt, reject, or refer back to the committee on personnel policies for further study and revision any proposed policies or amendments to existing policies that are submitted to the board of directors for consideration by the committee.

History. Acts 1987, No. 687, § 3; 1993, No. 902, § 1; 1993, No. 1108, § 1; 1993, No. 1187, § 1; 1997, No. 1031, § 1; 2009, No. 1493, § 1.

Publisher's Notes. Former § 6-17-205 was repealed by Acts 1987, No. 687, § 6. The section was derived from Acts 1971, No. 714, § 4; 1975, No. 400, § 1; A.S.A. 1947, § 80-1259.

Amendments. The 2009 amendment inserted (a)(2)(B) and (a)(2)(C); rewrote (b) and (c); in (d), inserted “the oral” and substituted “may take final action immediately, but final action shall be taken” for “shall take action”; and added “by the committee” in (e) and made a minor stylistic change.

Case Notes

Incorporation of Policies into Contracts.

Personnel policies incorporated as terms of contract under former law. Murray v. Altheimer-Sherrill Pub. Sch., 294 Ark. 403, 743 S.W.2d 789 (1988); Whitfield v. Little Rock Pub. Sch., 25 Ark. App. 207, 756 S.W.2d 125 (1988) (preceding decisions under prior law).

Municipal Immunity.

With regard to all school district policies, a school superintendent is empowered only to recommend changes, which may or may not become proposals; the fact that the superintendent is not an official policymaker for the school district precludes claims against the school district for the superintendent's actions under the “official policy” theory of municipal liability. Springdale Educ. Ass'n v. Springdale Sch. Dist., 133 F.3d 649 (8th Cir. 1998).

Submission by Board Excused.

Because the teacher members of the committee on personnel policies were not elected in accordance with § 6-17-203(b), this Committee was invalidly constituted; thus, the Board of Education's failure to submit to the Committee a five percent increase in extra duty pay prior to adoption was excused. Hope Educ. Ass'n v. Hope Sch. Dist., 310 Ark. 768, 839 S.W.2d 526 (1992).

Superintendent's Authority.

Under §§ 6-17-1508 and 6-17-1704, a superintendent does have authority to place a teacher or a noncertified district employee on suspension. Springdale Educ. Ass'n v. Springdale Sch. Dist., 133 F.3d 649 (8th Cir. 1998).

A school board, and not a superintendent, has ultimate responsibility for all district policies, including policies involving unfavorable employment action. Springdale Educ. Ass'n v. Springdale Sch. Dist., 133 F.3d 649 (8th Cir. 1998).

Cited: Junction City Sch. Dist. v. Alphin, 56 Ark. App. 61, 938 S.W.2d 239 (1997).

6-17-206. Copies furnished teachers and administrators.

    1. Each teacher or administrator being employed by a school district for the first time shall be given a copy of the school district's personnel policies in effect at the time of his or her employment.
    2. A digital copy provided to an employee or an online copy that is accessible by internet or intranet will meet the requirements of subdivision (a)(1) of this section.
    3. A hard copy of all policies shall be available to review at each location.
    4. A hard copy shall be given to the individual employee upon request of the employee.
    1. Each teacher or administrator shall be furnished a copy of any amendments to the personnel policies within thirty (30) days after approval of the amendments by the board of directors of the school district.
    2. A digital copy provided to an employee or an online copy that is accessible by internet or intranet will meet the requirements of subdivision (b)(1) of this section.
    3. A hard copy of all amendments shall be available for review at each location.
    4. A hard copy shall be given to the individual employee upon request of the employee.

History. Acts 1987, No. 687, § 4; 2003, No. 1334, § 1.

Publisher's Notes. Former § 6-17-206 was repealed by Acts 1987, No. 687, § 6. The section was derived from Acts 1971, No. 714, § 5; 1975, No. 400, § 1; A.S.A. 1947, § 80-1260.

6-17-207. Accreditation of school district.

No school district which does not have written personnel policies shall be accredited by the Division of Elementary and Secondary Education.

History. Acts 1987, No. 687, § 5; 2019, No. 910, § 1363.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education”.

6-17-208. Grievance procedure — Definitions.

    1. It is the public policy of the State of Arkansas that:
      1. Each school district shall have a written grievance procedure that provides for an orderly method of resolving concerns raised by an employee at the lowest possible administrative level and in a clear and timely manner for both parties; and
        1. All school employees shall have the right to file grievances and have those grievances heard.
        2. A group of employees who have the same grievance may file a group grievance.
      1. “Grievance” means any concern related to personnel policy, salary, federal laws and regulations, state laws and rules, or terms or conditions of employment raised by an employee.
      2. “Employee” means a person employed by a school district under a written contract.
    1. The grievance policy shall include at least the following provisions:
      1. A procedure for resolving the matter informally with the employee's immediate supervisor;
      2. A procedure to appeal in writing an unsatisfactorily resolved grievance from the immediate supervisor to the superintendent of schools or his or her designee;
        1. A procedure to appeal in writing an unsatisfactorily resolved grievance from the superintendent or his or her designee to the school district board of directors at the next regularly scheduled school district board of directors meeting unless both parties have agreed to a different date.
        2. The hearing shall be open or closed at the discretion of the employee.
        3. If the hearing is open, the parent or guardian of any student under eighteen (18) years of age who gives testimony may elect to have the student's testimony given in a closed session; and
      3. The right of a party to be represented by a person of his or her own choosing, but not by a member of a party's immediate family at any level of the procedure.
      1. The determination by the principal, superintendent, or their designees that the concern expressed by the employee is not a grievance may be appealed to the school district board of directors for a final decision.
      2. At the hearing:
          1. The employee shall have an adequate opportunity to present the grievance.
          2. The employee shall be provided no less than ninety (90) minutes to present the grievance, unless a shorter period is agreed to by the employee; and
        1. Both parties shall have the opportunity to present and question witnesses.
  1. The grievance policy shall be adopted in accordance with this subchapter and other applicable policies of the school district.
  2. There shall be no reprisals of any kind against any individual who exercises his or her rights under this section.
  3. Nothing in this section shall be construed as requiring a school district to enter into an agreement recognizing an organization for the purpose of negotiating personnel policies, salaries, and educational matters of mutual concern.

History. Acts 1991, No. 558, §§ 1-3; 1993, No. 1149, §§ 1, 2; 1999, No. 1498, § 1; 2001, No. 1169, § 1; 2003, No. 1357, § 1; 2007, No. 312, § 1; 2019, No. 315, § 225.

Amendments. The 2019 amendment substituted “federal laws and regulations, state laws and rules” for “federal or state laws and regulations” in (a)(2)(A).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, Teachers and Other School Employees, 26 U. Ark. Little Rock L. Rev. 377.

Case Notes

Applicability.

School district counselor could not challenge a five-day disciplinary suspension under the provisions of the Teacher Fair Dismissal Act of 1983, §§ 6-17-1501 through 6-17-1510, because the Act applied only to suspensions imposed in the context of a recommendation that a teacher either be terminated or that the teacher's employment contract not be renewed, and the counselor's suspension was not of that nature; the counselor had exercised his sole remedy by utilizing the school district grievance procedure established pursuant to this section and was not entitled to further relief. McGough v. Pine Bluff Sch. Dist., 79 Ark. App. 235, 85 S.W.3d 920 (2002).

Public school employee was not without a remedy if he disagreed with a suspension that did not warrant termination or nonrenewal; subsection (b) allows all school employees to challenge or appeal any disciplinary actions or other grievances through the administration and eventually appeal to the school board. Releford v. Pine Bluff Sch. Dist. No. 3, 355 Ark. 503, 140 S.W.3d 483 (2004).

Cited: Honeycutt v. City of Fort Smith, 327 Ark. 530, 939 S.W.2d 306 (1997).

6-17-209. Interim personnel policy committees — Definitions.

  1. For purposes of this section, the following definitions shall apply:
    1. “Consolidation” means any reorganization, merger, collapse, or annexation of any school districts or portions of any school districts either voluntarily or involuntarily;
    2. “Interim policy review board” means a board consisting of the presidents of the school district boards of directors of the school districts to be consolidated that shall be formed for the purpose of reviewing and adopting a uniform set of policies under this section; and
    3. “New school district” means the resulting school district after consolidation.
    1. As soon as possible after the school district boards of directors or the qualified electors of the school districts agree to be consolidated or as soon as possible after any decision is made that the school districts are to be involuntarily consolidated, the personnel policy committee of each of the school districts involved in the consolidation shall meet individually and elect members to form an interim personnel policy committee for the new school district.
    2. The personnel policy committees of the existing school districts shall elect:
        1. If three (3) or fewer school districts are consolidating, three (3) existing teacher members of the personnel policy committee from each school district to serve on the interim personnel policy committee; or
        2. If four (4) or more school districts are consolidating, two (2) existing teacher members of the personnel policy committee from each school district to serve on the interim personnel policy committee; and
      1. One (1) administrator from each of the school districts to serve on the interim personnel policy committee.
      1. The interim personnel policy committee shall elect a chair and a secretary, both of whom shall be classroom teachers, and schedule a calendar of meetings to review all the written uniform policies of the respective school districts that affect the terms and conditions of the teachers' employment.
      2. The interim personnel policy committee shall put together a proposed set of policies for the new school district from the written policies.
    1. After drafting a proposed set of policies for the new school district, the interim personnel policy committee shall meet with the interim policy review board of the new school district to present and explain to the interim policy review board the proposed set of policies for the new school district.
    2. Upon request of the interim personnel policy committee, the interim policy review board shall be entitled to and shall organize itself and meet with the interim personnel policy committee at least two (2) times before June 1 of the school year before consolidation for the purpose of reviewing, receiving, and discussing with the interim personnel policy committee the proposed policies for the new school district.
  2. The interim personnel policy committee shall serve as the personnel policy committee of the new school district until a new personnel policy committee is formed and successor personnel policy committee members are elected pursuant to this subchapter or until the new school district chooses to officially recognize in its policies an organization representing a majority of the teachers in the school district for purposes of negotiating as provided for under this subchapter.
    1. The interim policy review board shall adopt a uniform set of policies before the effective date of the consolidation that shall be the personnel policies for the new school district.
    2. In the event the interim policy review board decides to adopt any policy or policies different from those proposed by the interim personnel policy committee, the interim policy review board shall submit the proposals to the interim personnel policy committee at least seven (7) calendar days before being considered for adoption by the interim policy review board.
    3. The chair of the interim personnel policy committee or a committee member designated by the chair will have the opportunity to comment orally on any of the interim policy review board's proposals before their adoption.
    4. Any written policy of a new school district that affects the terms and conditions of a teacher's employment shall be considered a personnel policy.
    5. The new personnel policies shall not impair or diminish the existing contract rights of any teacher.
  3. [Repealed.]
  4. This section does not apply to instances in which the State Board of Education votes to annex or consolidate one (1) school district to or with two (2) or more receiving or resulting school districts due to enforcement by the state board of the provisions of this title relating to Level 5 — Intensive support, academic facilities distress, fiscal distress, or violations of the Standards for Accreditation of Arkansas Public Schools and School Districts.

History. Acts 2003, No. 1801, § 1; 2011, No. 989, §§ 28-31; 2019, No. 728, § 4; 2019, No. 757, § 33.

Amendments. The 2011 amendment substituted “policy review board” for “school board” throughout the section; and added (g).

The 2019 amendment by No. 728 repealed (f).

The 2019 amendment by No. 757, in (g), substituted “This section does not” for “The provisions of this section shall not” and “Level 5 – Intensive support” for “academic distress”.

6-17-210. Right to witness or representative.

An employee shall be entitled to and shall be offered the opportunity to have a witness or representative of the employee's choice present during any disciplinary or grievance matter with any administrator.

History. Acts 2003, No. 869, § 1; 2005, No. 1017, § 1.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, Teachers and Other School Employees, 26 U. Ark. Little Rock L. Rev. 377.

6-17-211. Use of personal leave when administrator or school employee is absent from campus — Definitions.

  1. As used in this section:
    1. “Personal leave” means absence for illness, annual leave, or other personal leave as defined by the personnel policies of a school district or an education service cooperative; and
    2. “School functions” means:
      1. Athletic or academic events related to a public school district; and
      2. Meetings and conferences related to education.
  2. Each school district and education service cooperative shall establish in its personnel policies guidelines requiring an administrator or an employee of a public school district to use personal leave or leave without pay when away from the school premises for reasons other than attendance at school functions that occur away from the school premises.

History. Acts 2007, No. 867, § 1.

Subchapter 3 — Employment and Assignment

Effective Dates. Acts 1935, No. 34, § 2: Effective on passage.

Acts 1999, No. 1078, § 92: effective July 1, 2000.

Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Am. Jur. 67B Am. Jur. 2d, Schools, § 145 et seq.

C.J.S. 78 C.J.S., Schools, § 239 et seq., § 308 et seq.

6-17-301. Employment of licensed personnel.

    1. A school district board of directors may employ superintendents, deputy superintendents, assistant superintendents, and high school principals, as well as department heads, coaches, teachers, and other licensed personnel by written contract for a period of time not more than three (3) years.
    2. A contract may be renewed annually.
  1. A superintendent's contract of employment with a school district may be terminated for cause and without the school district's having any further financial obligation to the superintendent if:
    1. The school district has:
      1. Been placed on fiscal distress by the Division of Elementary and Secondary Education because of:
        1. Commitments made by the superintendent of which the school district board of directors had no notice or knowledge; or
        2. A material misrepresentation made by the superintendent concerning the school district's finances that the school district board of directors relied upon to the detriment of the school district;
      2. Exhausted all appeals of the division's decision regarding the fiscal distress determination;
    2. The superintendent was provided:
      1. Notice of the reason for termination;
      2. A hearing to allow the superintendent to explain or rebut the reasons stated in the notice; and
      3. A record of the hearing provided at the expense of the school district; and
    3. The superintendent's contract was terminated by a majority vote of the full school district board of directors after the hearing described in subdivision (b)(2) of this section.
    1. An individual whose license is suspended or revoked by the State Board of Education for a disqualifying offense under § 6-17-410 or an ethical violation under § 6-17-428 is not eligible to be employed at a school district, public school, or public charter school, including as a substitute teacher whether directly employed by the school district or public charter school or providing substitute teaching services under contract with an outside entity.
    2. The restriction in this subsection shall expire upon the expiration of the term of a suspension of the license.
    3. The employment of a person in violation of this subsection is a violation of the Standards for Accreditation of Arkansas Public Schools and School Districts.

History. Acts 1969, No. 145, § 1; 1969, No. 215, § 1; A.S.A. 1947, §§ 80-1235, 80-1236; Acts 2003, No. 1738, § 2; 2007, No. 617, § 9; 2009, No. 1203, § 1; 2009, No. 1469, § 7; 2011, No. 989, § 32; 2015, No. 1090, § 2; 2019, No. 910, § 1364.

Publisher's Notes. Acts 1969, No. 145, § 2 and Acts 1969, No. 215, § 2 provided that nothing in this section should impair the obligations of existing contracts.

Amendments. The 2009 amendment by No. 1203 redesignated (a) and (b) as (a)(1) and (a)(2); deleted “Except as prohibited under subsections (c) and (d) of this section” at the beginning of (a)(1); inserted present (b); deleted former (c) and (d); and made related and minor stylistic changes.

The 2009 amendment by No. 1469 substituted “A school board” for “Except as prohibited under subsections (c) and (d) of this section, school boards” in (a); and deleted (c) and (d).

The 2011 amendment substituted “licensed” for “certified” in (a)(1).

The 2015 amendment added (c).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (b)(1)(A).

Case Notes

Application.

Superintendent's argument that her constitutional due process rights were violated by removal was rejected because the statute governing a school district's termination of a superintendent for cause did not apply, the school district was afforded notice and a right to appeal under the provisions relating to accreditation, and the superintendent never raised the issue of lack of notice or constitutional due process to the Arkansas State Board of Education either before, or during, a June 11, 2012 meeting. Dunn-Wright v. Ark. State Bd. of Educ., 2015 Ark. App. 152, 457 S.W.3d 667 (2015).

6-17-302. Public school principals — Qualifications and responsibilities.

  1. The school district board of directors shall employ through written contract public school principals who shall hold valid supervisory or administrative licenses and who shall supervise the operation and management of the school and property as the board of directors shall determine necessary.
  2. The principal shall assume administrative responsibility and instructional leadership, under the supervision of the superintendent and in accordance with the legal rules and regulations of the board of directors, for the planning, management, operation, and evaluation of the educational program of the attendance area to which he or she is assigned.
  3. The principal shall submit recommendations to the superintendent regarding the appointment, assignment, promotion, transfer, and dismissal of all personnel assigned to the attendance area.
  4. The principal shall perform such other duties as may be assigned by the superintendent pursuant to the legal rules and regulations of the board of directors.

History. Acts 1977, No. 255, § 1; A.S.A. 1947, § 80-1235.1; Acts 2011, No. 989, § 33.

Amendments. The 2011 amendment substituted “licenses” for “certificates” in (a).

Case Notes

Employment Status.

Principal did not have property interest in her status as principal based on this section or § 6-17-303. Buchanan v. Little Rock Sch. Dist., 84 F.3d 1035 (8th Cir. 1996).

Liability.

It cannot be held as a matter of law that this section and §§ 6-13-620 and 6-17-919 absolutely bar an action against a school principal for damages allegedly caused by his actions in excess of his authority. Hart v. Bridges, 30 Ark. App. 262, 786 S.W.2d 589 (1990).

Cited: Jasper Sch. Dist. No. 1 v. Cooper, 2014 Ark. 390, 441 S.W.3d 11 (2014).

6-17-303. Assignment and reassignment of teachers.

School district boards of directors shall have authority to assign and reassign or transfer all teachers in schools within their jurisdiction upon the recommendation of the superintendent.

History. Acts 1991, No. 654, § 1.

Publisher's Notes. Former § 6-17-303, concerning the assignment and reassignment of teachers, was repealed by Acts 1989, No. 950, § 1. The former section was derived from Acts 1959, No. 461, § 6; A.S.A. 1947, § 80-1234.

Case Notes

Employment Status.

Principal did not have property interest in her status as principal based on this section or § 6-17-302. Buchanan v. Little Rock Sch. Dist., 84 F.3d 1035 (8th Cir. 1996).

Cited: Jasper Sch. Dist. No. 1 v. Cooper, 2014 Ark. 390, 441 S.W.3d 11 (2014).

6-17-304. Employment of teacher obligated to another school district — Liability of hiring school district.

  1. Any school district which employs a teacher or administrator whom the school district knows, or should have known, is contractually obligated to another school district shall be liable to the other school district for an amount of money equal to the salary in the violated contract exclusive of fringe benefits.
  2. Either school district may petition the Division of Elementary and Secondary Education to satisfy the liability by transferring such amount to the entitled school district from funds which the division would have distributed to the liable school district.
  3. Upon receipt of such a petition, the division shall determine the amount of the liability and satisfy the same by such transfer.
  4. If a substantial question arises as to the existence of a contract, the State Board of Education may decline to assess the penalty.

History. Acts 1985, No. 154, § 1; A.S.A. 1947, § 80-1266.11; Acts 2019, No. 910, § 1365.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b); and substituted “division” for “department” in (b) and (c).

Research References

U. Ark. Little Rock L.J.

Legislative Survey, Education, 8 U. Ark. Little Rock L.J. 569.

6-17-305. Student teachers.

  1. Any primary or secondary school which has been accredited by the Division of Elementary and Secondary Education may be entitled to assignments of student teachers from institutions of higher education in this state, irrespective of accreditation by any other agency, private or public.
  2. Any school district board of directors desiring to cooperate with any tax-supported institution of higher education one (1) of whose functions is the training of teachers is authorized to enter into a contract with the board of trustees of the institution for the operation and maintenance of a public school, grades one through twelve (1-12) or any part thereof, located in the county, to be used for training school purposes by the institution.
  3. The school district boards of directors in this state are authorized to enter into contracts with colleges and universities for the use of student teachers in the public schools.
  4. The State Board of Education, by rules, may approve students authorized by the college to do student teaching.
  5. Student teachers in the public schools shall, while engaged in the performance of their student teaching duties, enjoy the same immunities provided by law for teachers in the public schools.

History. Acts 1935, No. 34, § 1; Pope's Dig., §§ 11663, 11778; Acts 1959, No. 218, § 1; 1973, No. 386, § 1; A.S.A. 1947, §§ 80-515, 80-1233, 80-1262; Acts 1999, No. 1078, § 59; 2019, No. 910, § 1366.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a).

6-17-306. Leaves of absence — Definitions.

  1. As used in this section:
    1. “Classified employee” means a person employed by a public school in this state who is not a licensed employee;
    2. “Emergency situations” shall have the same meaning as it is defined in § 21-4-212;
    3. “Fiscal year” shall be the fiscal year now established for the United States Government; and
    4. “Licensed employee” means a teacher or administrator employed by a public school in this state who is required to be licensed by the State Board of Education as a condition of the teacher's or administrator's employment.
    1. A licensed employee or a classified employee who is employed by a public school in this state is entitled to a leave of absence for fifteen (15) days plus necessary travel time in any fiscal year for the purpose of participating in:
      1. Military training programs or other official duties made available by the armed forces of this state or any other state, including without limitation the National Guard or a reserve component of the armed forces; or
      2. The civil defense and public health training programs made available by the United States Commissioned Corps of the Public Health Service.
    2. To the extent that this leave of absence is not used in a fiscal year, it will accumulate for use in the succeeding fiscal year until it totals fifteen (15) days at the beginning of a fiscal year.
    1. When a licensed employee or a classified employee is granted a leave of absence under this section, he or she shall be entitled to his or her regular salary during the time he or she is away from his or her duties during such leave of absence.
    2. The leave of absence shall be in addition to the regular vacation time allowed the employee.
    1. A licensed employee or a classified employee who is called to duty in an emergency situation by the Governor or by the President of the United States shall be granted leave of absence with pay not to exceed thirty (30) working days, after which leave without pay will be granted.
    2. This leave shall be granted in addition to all other leave to which the licensed employee or classified employee is entitled.
    1. During a leave of absence, a licensed employee or a classified employee is entitled to preserve all seniority rights, efficiency or performance ratings, promotional status, retirement privileges, life and disability insurance benefits, and any other rights, privileges, and benefits to which he or she has become entitled.
    2. The period of military service shall, for purposes of computations to determine whether the licensed employee or the classified employee is entitled to retirement under the laws of the State of Arkansas, be deemed continuous service, and the licensed employee or the classified employee shall not be required to make contributions to any retirement fund.
    3. The school district shall continue to contribute its portion of any life and disability insurance premiums during the leave of absence on behalf of the licensed employee or the classified employee, if requested, so that continuous coverage may be maintained.
  2. When a licensed employee or a classified employee is granted military leave for a period of fifteen (15) days per calendar year or fiscal year under this section, the military leave will accumulate for use in succeeding calendar years or fiscal years until it totals fifteen (15) days at the beginning of the calendar year or fiscal year, for a maximum number of military leave days available in any one (1) calendar year or fiscal year to be thirty (30) days.

History. Acts 1989, No. 724, § 1; 1991, No. 673, § 1; 1991, No. 956, § 1; 2009, No. 944, § 1; 2011, No. 989, § 34; 2011, No. 1164, § 1; 2013, No. 1073, § 21.

Publisher's Notes. Acts 1991, No. 956, § 1, is also codified as §§ 21-4-102(e) and 21-4-212(e).

Amendments. The 2009 amendment deleted (b)(2) and redesignated the subsequent subdivision accordingly.

The 2011 amendment by No. 989 inserted present (a), deleted former (e), and redesignated the remaining subsections accordingly; subdivided and rewrote present (b); substituted “When a licensed employee or a classified employee” for “Whenever any teacher, administrator, or noncertified employee” in (c)(1); substituted “A licensed employee or a classified employee who is” for “Teachers, administrators, and noncertified personnel” in (d)(1); rewrote (d)(2); substituted “a licensed employee or a classified employee is” for “teachers, administrators, and noncertified personnel shall be” in (e)(1); substituted “the licensed employee or the classified employee is” for “such persons may be” in (e)(2); substituted “licensed employee or the classified employee” for “teacher, administrator, or noncertified employee” in (e)(2) and (3); and substituted “When a licensed employee or a classified employee” for “Whenever any teacher, administrator, or noncertified person employed by any public school in this state” in (f).

The 2011 amendment by No. 1164 rewrote (b).

The 2013 amendment substituted “classified” for “certified” in (d)(2).

6-17-307. Interviewing expenses in particular regions.

The school district board of directors of any school district situated within the Delta or within a geographical area of the state where there exists a critical shortage of teachers as designated by the State Board of Education may reimburse any person who interviews for employment as a licensed teacher with the school district for the mileage and other actual expenses incurred by the person in the course of travel to and from the interview.

History. Acts 2001, No. 1388, § 1.

6-17-308. Moving expenses in particular regions.

  1. The State Board of Education shall prescribe rules that allow for reimbursement to state-licensed teachers for the expense of moving when the employment necessitates the relocation of the teacher to a different geographical area from that in which the teacher resided before entering into a contract.
    1. The expense reimbursement shall be allowed for both in-state and out-of-state teachers who enter into a contract for employment in a school district situated in the Delta or within a geographical area of the state where there exists a critical shortage of teachers.
    2. The region that is included in the Delta and the geographical area of the state where there exists a critical shortage of teachers shall be designated by the state board.
  2. In order to be eligible for the reimbursement, the teacher must apply to the local school district, and the school district must obtain the prior approval from the Division of Higher Education for reimbursement before the relocation occurs.
    1. If the reimbursement is approved, the division shall provide funds to the school district to reimburse the teacher an amount not to exceed one thousand dollars ($1,000) for the documented actual expenses incurred in the course of relocating.
    2. Allowable expenses shall include:
      1. The expense of any professional moving company or persons employed to assist with the move;
      2. Rented moving vehicles or equipment;
      3. Mileage in the amount authorized for state employees if the teacher used a personal vehicle or vehicles for the move;
      4. Meals; and
      5. Other expenses associated with the relocation in accordance with the division's established rules.
  3. No teacher may be reimbursed for moving expenses under this section on more than one (1) occasion.
    1. Nothing in this section shall be construed to require the actual residence to which the teacher relocates to be within the boundaries of the school district that has executed a contract for employment with the teacher or within the boundaries of the area designated by the state board as the Delta or a critical teacher shortage area in order for the teacher to be eligible for reimbursement for moving expenses.
    2. Teachers must relocate within the boundaries of the State of Arkansas.
  4. The provisions of this section shall be contingent on the availability of funding for the purpose of reimbursing teachers for interviewing and moving expenses under the terms of this section.

History. Acts 2001, No. 1388, § 2; 2019, No. 315, §§ 226, 227; 2019, No. 910, §§ 1367, 1368.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (a) and (d)(2)(E).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (c); and substituted “division” for “department” in (d)(1).

6-17-309. Licensure — Waiver.

    1. No class of students shall be under the instruction of a teacher who is not licensed to teach the grade level or subject matter of the class for more than thirty (30) consecutive school days in the same class during a school year.
    2. This provision shall not apply to:
      1. Nondegreed vocational-technical teachers;
      2. Those persons approved by the Division of Elementary and Secondary Education to teach the grade level or subject matter of the class in the Division of Elementary and Secondary Education's distance learning program;
      3. Those persons teaching concurrent credit courses or advanced placement courses who:
        1. Are employed by a postsecondary institution;
        2. Meet the qualification requirements of that institution or the Division of Career and Technical Education; and
        3. Are teaching in a course in which credit is offered by an institution of higher education or a technical institute;
      4. Licensed teachers teaching in the following settings:
        1. An alternative learning environment;
        2. A juvenile detention facility;
        3. A residential and day alcohol, drug, and psychiatric facility program;
        4. An emergency youth shelter;
        5. A facility of the Division of Youth Services; or
        6. A facility of the Division of Developmental Disabilities Services of the Department of Human Services; and
      5. A licensed special education teacher teaching two (2) or more core academic subjects exclusively to children with disabilities.
    1. If this requirement imposes an undue hardship on a school district, the school district may apply to the State Board of Education for a waiver.
    2. The state board shall develop rules for granting a waiver.
    3. Any school district that obtains a waiver shall send written notice of the assignment to the parent or guardian of each student in the classroom no later than the thirtieth school day after the date of the assignment.
    4. The state board may waive or modify the requirement that an applicant seeking licensure as a special education teacher complete an additional performance-based program of study if the applicant:
      1. Is licensed in another state with a special education license or endorsement; and
      2. Has taught special education students for not less than five (5) years.

History. Acts 2001, No. 1623, § 1; 2005, No. 2151, § 16; 2007, No. 1007, § 1; 2007, No. 1573, § 22; 2013, No. 1138, § 33; 2019, No. 315, § 228; 2019, No. 910, §§ 1369, 1370.

Amendments. The 2013 amendment substituted “Licensure” for “Certification” in the section heading.

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (b)(2).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Division of Elementary and Secondary Education’s” for “Department of Education’s” in (a)(2)(B); and substituted “Division of Career and Technical Education” for “Department of Career Education” in (a)(2)(C)(ii).

6-17-310. Office for the Purpose of Teacher Recruitment — Definition.

    1. There is established within the Division of Elementary and Secondary Education the Office for the Purpose of Teacher Recruitment for ensuring that the children of our state are taught by highly qualified professionals.
    2. The office may serve as an interagency center focused on teacher recruitment.
  1. The office may have the following duties to:
    1. Develop, disseminate, and distribute written materials and video productions on the importance of teaching as a profession, emphasizing the critical need for teachers in certain geographical areas of the state and the availability of financial scholarships to college students in exchange for service as a licensed teacher in the geographical critical-need area as identified by the Division of Elementary and Secondary Education to assist the Division of Higher Education;
    2. Encourage teachers' aides and paraprofessionals in the public schools to pursue a college education that will enable them to become licensed teachers and to inform all assistant teachers of the availability of financial scholarships to both full-time and part-time college students under the Arkansas Academic Challenge Scholarship Program;
    3. Actively recruit, both within the state and out of state, teachers to render service to the state as licensed teachers in a geographical area of the state or subject-matter area where there exists a critical shortage of teachers, as designated by the State Board of Education;
    4. Actively recruit, both within the state and out of state, nonpracticing licensed teachers to return to the teaching profession to render service as licensed teachers in a public school district in a geographical area of the state and a subject-matter area where there is a critical shortage of teachers as designated by the state board;
    5. Recruit retired teachers who are willing to teach either full time or part time in public school programs;
    6. Notify teachers of the availability of incentives, including, but not limited to, forgivable loans and scholarships for persons who render service to the state as licensed teachers in a geographical area of the state where there exists a critical shortage of teachers in a subject-matter area, as designated by the state board; and
    7. Develop a statewide database for tracking Arkansas’s educator workforce to give the state the ability it currently lacks in tracking Arkansas’s ongoing process toward increasing the number of well-prepared and highly skilled teachers in high-poverty and high-priority schools or districts.
  2. The office may also provide leadership for the following initiatives to:
    1. Initiate and monitor high school programs for teacher recruitment;
    2. Initiate and monitor college-level programs for teacher recruitment;
      1. Facilitate articulation agreements between two-year colleges and four-year higher education institutions to capitalize on the associates of arts candidates of two-year campuses for the purpose of recruiting candidates from underrepresented minorities.
      2. The Division of Higher Education may assist the office with the measure implemented under subdivision (c)(3)(A) of this section;
    3. Develop a plan to provide financial rewards to colleges and universities that prepare teachers and administrators from underrepresented minorities as well as teachers and administrators who teach in geographical areas of the state with a shortage of teachers, subject-matter areas with a shortage of teachers, or both;
    4. Provide additional scholarships for any targeted populations or geographical areas of the state needing potential teachers;
    5. Provide assistance to local school districts in identifying and locating specific teacher needs;
    6. Provide leadership and assistance to schools for developing Teachers of Tomorrow programs and future teacher clubs;
    7. Coordinate an annual teacher-recruitment conference;
    8. Promote Grow Your Own Teachers projects;
    9. Coordinate teacher recruitment activities with the Division of Higher Education;
    10. Develop programs to provide incentives to high-priority schools or districts to encourage changes in teaching and learning environments, to help prevent high-quality teachers from leaving for other schools, and to create the instructional environments that give all students the opportunity to achieve high academic standards;
    11. Develop programs to promote innovative partnerships between schools and health and social service agencies to ensure that students' noneducational needs are addressed through appropriate and effective mechanisms that do not become barriers to teaching and learning; and
    12. Develop programs to promote partnerships between teachers and education programs and grades prekindergarten through twelve (preK-12) school districts with emphasis on partnerships that prepare teachers and administrators to work in high-priority schools or districts.
  3. The Division of Elementary and Secondary Education may develop a supplemental funding program to be known as the “High-Priority Teacher Recruitment Program” that:
    1. Provides financial rewards to colleges and universities that prepare teachers and administrators from underrepresented minorities, teachers and administrators who teach in high-priority schools or school districts, or both;
    2. Provides incentives to high-priority schools or districts to encourage changes in teaching and learning environments, to help prevent high-quality teachers from leaving for other schools, and to create the instructional environments that give all students the opportunity to achieve high academic standards;
    3. Funds innovative partnerships between schools and health and social service agencies to ensure that students' noneducational needs are addressed through appropriate and effective mechanisms that do not become barriers to teaching and learning; and
    4. Funds partnerships between teacher education programs and grades prekindergarten through twelve (preK-12) school districts with emphasis on partnerships that prepare teachers and administrators to work in high-priority schools or districts.
  4. For purposes of this section, a “high-priority school or district” means a school or school district with:
    1. Seventy-five percent (75%) or more of its students scoring below proficient on fourth grade or eighth grade benchmark exams in the two (2) immediately preceding school years; or
    2. Unacceptably wide achievement gaps as determined by the Division of Elementary and Secondary Education in conjunction with the Commission on Closing the Achievement Gap in Arkansas.

History. Acts 2003, No. 1745, § 1; 2003 (2nd Ex. Sess.), No. 100, § 1; 2005, No. 1962, § 11; 2007, No. 1573, § 57; 2019, No. 910, §§ 1371-1376.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Division of Higher Education” for “Department of Higher Education” throughout the section.

Subchapter 4 — Licensure Generally

Preambles. Acts 2005, No. 1187 contained a preamble which read:

“WHEREAS, certified speech-language pathologists provide important and legally required educational services to the children in Arkansas public schools who need specialized, individualized instruction to ensure that they can succeed in all core subject areas by improving phonemic awareness, vocabulary development, and reading comprehension in both preventative and remedial ways; and

“WHEREAS, certified speech-language pathologists provide students with individualized instruction in many areas pertaining to communication such as the areas of articulation, language skills, fluency, and oral motor skills, such as feeding, swallowing, and augmentative communication; and

“WHEREAS, a speech-language pathologist who holds a Certificate of Clinical Competence in Speech-Language Pathology from the American Speech-Language-Hearing Association has earned a master's degree, which includes medical-based training, completion of a clinical fellowship year, and has passed the specialty area of the National Teachers Examination; and

“WHEREAS, a certified speech-language pathologist has completed training that equals or exceeds that of a National Board for Professional Teaching Standards certified teacher, but a certified speech-language pathologist receives less compensation because of his or her exclusion from the National Board for Professional Teaching Standards incentive program; and

“WHEREAS, a speech-language pathologist who holds a Certificate of Clinical Competence in Speech-Language Pathology from the American Speech-Language-Hearing Association may bill Medicaid for services provided to Medicaid-qualified recipients,

“NOW therefore … .”

Effective Dates. Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1957, No. 370, § 3: July 1, 1957.

Acts 1983, No. 736, § 3: Mar. 23, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that the teachers' certification laws are unclear as to the authority of the Education Department to issue renewal and continuing teacher certificates, that in passing Act 162 of 1969, as amended, the General Assembly did not intend to remove the above mentioned authority of the Education Department and the Education Department will be issuing teacher certificates before this Act would normally be effective. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 746, § 2: Apr. 3, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that the statutory language repealed by this Act has been interpreted as requiring colleges and universities to withhold from certain students their earned degrees simply because the students did not take, prior to graduation, the National Teachers Examination or a similar examination designated by the State Board of Education; that such was not the intent of the legislation repealed by this Act and such interpretation has resulted in inequity and is fundamentally unfair and that this Act is immediately necessary to correct the inequity. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 1082, § 3: emergency clause failed to pass. Emergency clause provided: “It is hereby found and determine by the General Assembly that certified teachers in other states often move to the state of Arkansas and desire to teach in Arkansas public schools; that under present law there is no provision for the issuance of temporary non-renewable provisional certificates to enable those teachers moving to the state to teach in Arkansas qualifications and obtained an Arkansas teacher's certificate; that this places a severe hardship on teachers moving to the state and that this Act is designed to alleviate this situation by authorizing the State Board of Eduction to issue such person one-year non-renewal provisional certificates if such persons are certified in another state, and should be given effect at the earliest possible date. Therefore, and emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.

Acts 1997, No. 787, § 9: Mar. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Arkansas Code does not now require Arkansas history to be taught in the public schools in this state; that Arkansas history is not being taught in all public schools in this state; that such failure must be addressed as soon as possible; that this act establishes the mechanism to ensure that Arkansas history is taught in each public school in this state and that this act should go into effect immediately in order that it might be implemented in the 1997-98 school year. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1272, § 6: Apr. 9, 1997. Emergency clause provided: “It is found and determined by the General Assembly that in some instances the results of criminal records checks conducted by the Federal Bureau of Investigation on applicants for licensure by the State Board of Education are not received in a timely manner by the Department of Education; that under existing state law such applicants cannot continue in employment with local school districts, thereby creating hardship for school children, the school districts, and the employees and that the immediate implementation of this act is necessary to alleviate such hardship in the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1313, § 9: Apr. 10, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that Arkansas public school students and their parents or guardians should be secure in the knowledge that certified personnel employed by the local school district do not have criminal records and are not a potential threat to the safety of the students; and that an increasing number of incidents are occurring where certified personnel employed by local school districts are abusing students entrusted into the care of the school district; and that in some cases these incidents could have been avoided had the personnel been subjected to a criminal records check. It is further found and determined that, in some instances, allegations of employee criminal misconduct involving students are not being investigated by those persons charged with administration of local school districts. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1314, § 7: Apr. 10, 1997. Emergency clause provided: “It is found and determined by the Eighty-First General Assembly that Arkansas public school students and their parents or guardians should be confident that any person who is newly employed in a noncertified position by the local school district or education service cooperative does not have a criminal record and is not a potential threat to the safety of children; and that an increasing number of incidents are occurring where persons newly hired by local school districts or education service cooperatives are sexually, physically, or emotionally abusing students entrusted into their care; and that in some cases these incidents could have been avoided had the new employees been subjected to a criminal records check. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety, shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1078, § 92: effective July 1, 2000.

Acts 2003, No. 42, § 3: Feb. 3, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that consolidated school districts are currently required to conduct background checks on personnel employed by existing school districts which have already conducted the background checks; that additional background checks for existing employees are unnecessarily duplicative; that schools consolidating in July of 2003 will unnecessarily expend funds and personnel resources conducting background checks if a waiver is not granted prior to the consolidation dates. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2003, No. 754, § 2: Mar. 27, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the state is experiencing a critical shortage of teachers; that recruiting teachers from out of state will help eliminate some of the shortage; and that this act is immediately necessary because the teachers seeking licensure under this act need to be licensed in Arkansas before the start of the 2003-2004 school year, and the State Board of Education needs sufficient time to implement a procedure to license teachers from other states. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2003 (2nd Ex. Sess.), No. 82, § 2: Feb. 6, 2004. Emergency clause provided: “It is found and determined by the General Assembly that fiscal integrity and the protection of the public funds is an important responsibility of government, that funds of some school districts have been misappropriated by employees because of the lack of requirements for background checks for fraudulent or dishonest acts, that corrective action must be taken to prevent further loses in funds and in public trust. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2003 (2nd Ex. Sess.), No. 103, § 2: Feb. 10, 2004. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that existing restrictions on the employment of noncertified personnel in school districts are too restrictive; that this act provides more flexibility in hiring; and that this act is immediately necessary to assist school districts. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 1187, § 2: July 1, 2005. Emergency clause provided: “There is a need to ensure the retention and hiring of highly qualified, certified speech-language pathologists in the public schools. Therefore, it is necessary to implement the provisions of this law effective the beginning of the 2005-2006 school year since some certified speech-language pathologists' contracts begin soon after the beginning of this school year, and without an emergency clause, the law may not go into effect until those contracts are underway. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2005.”

Acts 2009, No. 938, § 2: Apr. 6, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that having qualified teachers and administrators in public school districts is essential to providing a free and adequate public education system; that the current provisions for proceedings on ethics complaints under the code of ethics for educators do not provide for the confidentiality of certain documents and proceedings; and that this act is immediately necessary because the release of information before there has been a final adverse adjudication could irreparably damage the reputation of an educator, resulting in a school district's losing a qualified teacher or administrator. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1283, § 2: Apr. 9, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the law does not provide subpoena power for the State Board of Education or the Professional Licensure Standards Board; that the State Board of Education and the Professional Licensure Standards Board are unable to fully implement their duties due to lack of subpoena. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013 (1st Ex. Sess.), No. 2, § 5: July 1, 2014. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Public School Insurance Trust fund is inadequate to provide affordable health insurance for public school employees; changes to the funding system for public school employee health insurance is necessary to ensure a stable and affordable program of health insurance plan options; and that this act is necessary to provide additional funding for public school employee health insurance. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2014.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Am. Jur. 67B Am. Jur. 2d, Schools, § 147 et seq.

C.J.S. 78 C.J.S., Schools, § 294 et seq.

6-17-401. Teacher's license requirement.

  1. Except as permitted under § 6-17-309 and § 6-17-2601 et seq., no teacher shall be employed in any public school of the state who is not licensed to teach in the State of Arkansas by a license issued by the State Board of Education.
  2. Any person who shall teach in a public school in this state shall only be entitled to receive any compensation from the school funds for such services if the person has:
    1. A valid license issued by the state board; or
    2. Other documentation from the Office of Professional Licensure of the Division of Elementary and Secondary Education authorizing employment as a teacher under the conditions set forth by the Division of Elementary and Secondary Education in the documentation.

History. Acts 1931, No. 169, § 164; Pope's Dig., § 11606; A.S.A. 1947, § 80-1209; Acts 1993, No. 294, § 11; 1999, No. 1078, § 60; 2005, No. 2151, § 1; 2007, No. 169, § 2; 2007, No. 710, § 2; 2019, No. 910, § 1377.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” twice in (b)(2).

Case Notes

Dismissal.

Dismissal of a teacher was proper based on a 2011-12 contract where insubordination occurred during that contract period; dismissal based on a contract for 2012-13 was proper based on the fact that the teacher let his license expire. Hollis v. Fayetteville Sch. Dist. No. 1, 2015 Ark. App. 544, 473 S.W.3d 45 (2015).

Evidence.

Teachers under contract entered into by a school district which was subsequently consolidated with another, were held qualified to teach in consolidated district pursuant to this section. Chidester Sch. Dist. v. Faulkner, 218 Ark. 239, 235 S.W.2d 870 (1951).

Time for Obtaining License.

It was not necessary that teacher have a license to teach upon the date of the execution of the contract to teach if the school was not to commence until thereafter, and contract entered into was valid subject to be voided if the teacher failed to provide himself with a license before the date of the commencement of school. Lee v. Mitchell, 108 Ark. 1, 156 S.W. 450 (1913) (decision under prior law).

Cited: Harris v. Altheimer Unified Sch. Dist., 94 Ark. App. 152, 227 S.W.3d 437 (2006).

6-17-402. Rules.

  1. The State Board of Education shall issue the license of a classroom teacher, an administrator, a guidance counselor, or a library media specialist.
  2. The State Board of Education shall promulgate rules for the issuance, licensure, relicensure, and continuance of licensure of teachers in the public schools of this state that:
    1. Require at a minimum that each in-state applicant for teacher licensure:
      1. Completes an educator preparation program approved by the Division of Elementary and Secondary Education, which shall include without limitation:
        1. Educator preparation programs at institutions of higher education leading to a bachelor's degree or higher; and
        2. Alternative educator preparation programs under § 6-17-409; and
      2. Demonstrates:
        1. Licensure content area knowledge; and
        2. Knowledge of teaching methods; and
    2. Require at a minimum that each in-state applicant for an administrator's license demonstrates knowledge of state-adopted competencies and standards for educational leaders.
    1. The State Board of Education may promulgate rules for a tiered system of licensure, which may include without limitation:
      1. An emergency teaching permit;
      2. A technical permit;
        1. A provisional license.
        2. The State Board of Education rules may provide that a provisional license may be issued if the applicant:
          1. Meets the minimum qualifications under subdivisions (b)(1) and (2) of this section as applicable to an applicant for a teaching or an administrator license; or
          2. Partially meets full licensure requirements;
      3. A novice or first-time license;
      4. A standard license; and
        1. A license with advanced requirements.
        2. The State Board of Education may authorize a teacher leader advanced license or a teacher leader endorsement to a license.
      1. In addition to other requirements:
        1. A person applying for first-time licensure as a secondary-level teacher or as an administrator in the public schools or a licensed secondary-level teacher, a licensed elementary general education teacher, or an administrator applying for a license in an additional area shall take and complete a test approved by the State Board of Education, and submit the scores to the division; and
          1. A person applying for first-time licensure for an elementary education kindergarten through grade six (K-6) license or a special education kindergarten through grade twelve (K-12) license shall:
            1. Pass a:
              1. Subject matter content assessment; and
              2. Stand-alone assessment that examines the acquisition of knowledge of essential components of beginning reading instruction based on the science of reading; and
            2. Demonstrate pedagogical competence.
          2. The requirements under subdivision (c)(2)(A)(ii)(a) of this section shall apply to a person who:
            1. Enters a teacher preparation program beginning in the 2017-2018 academic year or thereafter for a first-time elementary level K-6 license or special education K-12 license or endorsement; and
            2. Upon adoption of the stand-alone reading assessment under subdivision (c)(2)(A)(ii)(a)(1)(B) of this section, is seeking to add the elementary education K-6 license level by testing out.
          3. A person who enters an alternative educator preparation program beginning in the 2017-2018 academic year and receives an elementary education K-6 provisional license or a special education K-12 provisional license shall take and pass the stand-alone reading assessment under subdivision (c)(2)(A)(ii)(a)(1)(B) of this section in order to receive a standard license.
            1. The recommendation for the adoption of a stand-alone reading assessment shall be made by a diverse group of stakeholders.
            2. The stakeholders shall recommend a testing company for the stand-alone reading assessment that provides an extensive practice test that enables prospective teachers to practice the kinds of skills taught in their teacher preparation programs so they can learn how to teach reading skills and diagnose reading problems.
          4. The stand-alone reading assessment adopted by the State Board of Education shall:
            1. Include an adequate number of assessment items to ensure instructional knowledge of reading that is based on evidence-based practices related to the science of reading;
            2. Ensure that at least fifty percent (50%) of the items assess instructional knowledge for beginning reading and are based on evidence-based practices related to the science of reading;
            3. Include at least one (1) open-response question so that test takers can indicate how well they can demonstrate in writing their diagnostic interpretation of student reading errors; and
            4. Include a clear distinction between reading elements in and skills needed for literary and formation texts in order to address the English language arts standards as determined by the State Board of Education.
          5. The State Board of Education shall determine the cut score for the stand-alone reading assessment with strong consideration based on the national mean if the national mean is not less than seventy percent (70%) correct answers on the stand-alone reading assessment.
      2. An applicant for initial licensure or licensure in an additional area shall not receive a license after July 1, 2007, unless the applicant scores at or above the minimum level set by the State Board of Education that is consistent with the recommendations of the Professional Licensure Standards Board.
    1. The State Board of Education shall approve the methods required for applicants to meet the requirements of this section.
    2. The teacher preparation programs for licensure in this state shall report the results of the examinations to the division upon request.
  3. The State Board of Education shall not delegate to a college or university any of the State Board of Education's powers or duties pertaining to the issuance, licensure, relicensure, and continuance of licensure of teachers in public schools in this state.
  4. The State Board of Education shall promulgate rules for the licensure of individuals through reciprocity with other states under § 6-17-403.
  5. The State Board of Education shall waive the examination requirements under subsection (c) of this section for an individual applying for a first-time Arkansas license who has a valid out-of-state teaching license and three (3) years' documented teaching experience as required by the rules promulgated by the State Board of Education.
  6. A teacher who has less than three (3) years' documented teaching experience shall have up to three (3) years to pass the stand-alone reading assessment, during which the teacher may work under a provisional license.
  7. The State Board of Education may establish by rule minimum qualified teacher requirements for teachers employed where licensure has been waived pursuant to law.
  8. Rules of the State Board of Education shall identify the following as core licensure content areas:
    1. Elementary Education (K-6);
    2. English language arts;
    3. Mathematics;
    4. Science;
    5. Social Studies;
    6. Art;
    7. Music; and
    8. Foreign Language.
    1. The State Board of Education may promulgate rules to reinstate a revoked teaching license.
    2. Rules promulgated under subdivision (k)(1) of this section shall include without limitation the following:
      1. Information and requirements regarding an application for reinstatement of a revoked teaching license; and
      2. The use of evidence by the State Board of Education to determine whether the applicant for reinstatement of a revoked teaching license:
        1. Is rehabilitated, recovered, or in recovery, as applicable;
        2. Has made restitution, as applicable;
        3. Is currently fit to return to an educational environment appropriate to the licensure level of the applicant; and
        4. Does not pose a threat to the health, safety, and welfare of public school students and public school employees.
    3. An individual whose teaching license was revoked following an ethics complaint under § 6-17-428 shall release to the State Board of Education any confidential information regarding the ethics complaint made against the individual upon the individual's application for reinstatement of his or her revoked teaching license.
    4. Except as provided under subdivision (k)(6) of this section, an applicant for reinstatement of a revoked teaching license shall not apply for reinstatement of his or her revoked teaching license until:
      1. Ten (10) years after the date of revocation of the teaching license for:
        1. A felony disqualifying offense under § 6-17-410; or
        2. An ethics violation under § 6-17-428; or
      2. Five (5) years after the date of revocation for any other reason not identified under subdivision (k)(4)(A) of this section.
    5. If an applicant for reinstatement of a revoked teaching license has a true report in the Child Maltreatment Central Registry, the State Board of Education may reinstate the applicant's revoked teaching license with or without a hearing if the applicant provides evidence from the Department of Human Services that the department has removed the applicant's name from the Child Maltreatment Central Registry.
    6. The State Board of Education shall not reinstate a revoked teaching license when the reason for the revocation concerned the:
      1. Physical or sexual injury of another person;
      2. Physical or sexual abuse of another person;
      3. Physical mistreatment of another person resulting in death; or
      4. Sexual mistreatment of another person.

History. Acts 1979, No. 162, § 1; 1981, No. 814, § 1; 1983, No. 736, § 1; 1983 (1st Ex. Sess.), No. 5, § 1; 1985, No. 746, § 1; 1985, No. 1082, § 1; A.S.A. 1947, § 80-1201; Acts 1989, No. 414, § 1; 2003, No. 754, § 1; 2005, No. 2151, § 2; 2007, No. 169, § 3; 2007, No. 846, § 1; 2011, No. 989, § 35; 2013, No. 1073, § 22; 2015, No. 1090, § 3; 2017, No. 294, § 3; 2017, No. 416, § 1; 2019, No. 540, § 1; 2019, No. 628, § 1; 2019, No. 692, § 16; 2019, No. 757, § 34; 2019, No. 910, §§ 1378, 1379.

A.C.R.C. Notes. This section is set out above as directed by the Arkansas Code Revision Commission. This section was amended by Acts 2017, No. 294, § 3 to read as follows:

“(a) The State Board of Education shall issue the license of a classroom teacher, an administrator, a guidance counselor, or a library media specialist in the public schools of this state.

“(b) The state board shall promulgate rules for the licensure, relicensure, and continuance of licensure of public school teachers and administrators that:

“(1) Require at a minimum that each in-state applicant for teacher licensure:

“(A) Completes an educator preparation program approved by the Department of Education, which shall include without limitation:

“(i) Educator preparation programs at institutions of higher education leading to a bachelor's degree or higher; and

“(ii) Alternative educator preparation programs under § 6-17-409; and

“(B) Demonstrates:

“(i) Licensure content area knowledge; and

“(ii) Knowledge of teaching methods; and

“(2) Require at a minimum that each in-state applicant for an administrator's license demonstrates knowledge of state-adopted competencies and standards for educational leaders.

“(c) The state board may promulgate rules for a tiered system of licensure, which may include without limitation:

“(1) An emergency teaching permit;

“(2) A technical permit;

“(3)(A) A provisional license.

“(B) The state board rules may provide that a provisional license may be issued if the applicant:

“(i) Meets the minimum qualifications under subdivision (b)(1)-(2) of this section as applicable to an applicant for a teaching or an administrator license; or

“(ii) Partially meets full licensure requirements;

“(4) A novice or first-time license;

“(5) A standard license; and

“(6)(A) A license with advanced requirements.

“(B) The state board may authorize a teacher leader advanced license or a teacher leader endorsement to a license.

“(d)(1) The state board shall approve the methods required for applicants to meet the requirements of this section.

“(2) All colleges, universities, and other state-approved programs that prepare teachers and administrators for licensure in this state shall report the results of any assessments required for licensure to the department upon request.

“(e) The state board shall not delegate to any college or university any of the state board's powers or duties pertaining to the licensure, relicensure, and continuance of licensure of public school teachers and administrators in public schools in this state.

“(f)(1) The state board shall promulgate rules for the licensure of individuals through reciprocity of licensure with other states under § 6-17-403.

“(2) The state board rules shall waive the examination requirements under this section for an individual applying for a first-time Arkansas license who has a valid out-of-state teaching license and three (3) years' documented teaching experience.

“(g) The state board may establish by rule minimum qualified teacher requirements for teachers employed where licensure has been waived pursuant to law.

“(h) Rules of the state board shall identify the following as core licensure content areas:

“(1) Early Childhood (K-6);

“(2) English language arts;

“(3) Mathematics;

“(4) Science;

“(5) Social studies;

“(6) Art;

“(7) Music; and

“(8) Foreign language.”

This section also was amended by Acts 2017, No. 416, § 1 to read as follows:

“(a) The State Board of Education shall issue the license of a classroom teacher, an administrator, a guidance counselor, or a library media specialist.

“(b)(1) The state board shall promulgate rules for the issuance, licensure, relicensure, and continuance of licensure of teachers in the public schools of this state.

“(2)(A) In addition to other requirements:

“(i) A person applying for first-time licensure as a secondary level teacher or as an administrator in the public schools or a licensed secondary level teacher, a licensed elementary general education teacher, or an administrator applying for a license in an additional area shall take and complete a test approved by the State Board of Education and submit the scores to the Department of Education; and

“(ii) (a) A person applying for first-time licensure for an elementary education (K-6) license or a special education (K-12) license shall take and pass a:

“(1) Subject matter content assessment;

“(2) Pedagogy assessment; and

“(3) Stand-alone assessment that examines the acquisition of knowledge of essential components of beginning reading instruction based on the science of reading.

“(b) The requirements under subdivision (b)(2)(A)(ii) (a) of this section shall apply to a person who:

“(1) Enters a teacher preparation program beginning in the 2017-2018 academic year or thereafter for a first-time elementary level (K-6) license or special education (K-12) license or endorsement; and

“(2) Upon adoption of the stand-alone reading assessment under subdivision (b)(2)(A)(ii) (a)(3) of this section, is seeking to add the elementary education (K-6) license level by testing out.

“(c) A person who enters an alternative educator preparation program beginning in the 2017-2018 academic year and receives an elementary education (K-6) provisional license or a special education (K-12) provisional license shall take and pass the stand-alone reading assessment under subdivision (b)(2)(A)(ii) (a)(3) of this section in order to receive a standard license.

“(d)(1) The recommendation for the adoption of a stand-alone reading assessment shall be made by a diverse group of stakeholders.

“(2) The stakeholders shall recommend a testing company for the stand-alone reading assessment that provides an extensive practice test that enables prospective teachers to practice the kinds of skills taught in their teacher preparation programs so they can learn how to teach reading skills and diagnose reading problems.

“(e) The stand-alone reading assessment adopted by the state board shall:

“(1) Include an adequate number of assessment items to ensure instructional knowledge of reading that is based on evidence-based practices related to the science of reading;

“(2) Ensure that at least fifty percent (50%) of the items assess instructional knowledge for beginning reading and are based on evidence-based practices related to the science of reading;

“(3) Include at least one (1) open-response question so that test takers can indicate how well they can demonstrate in writing their diagnostic interpretation of student reading errors; and

“(4) Include a clear distinction between reading elements in and skills needed for literary and formation texts in order to address the English language arts standards as determined by the state board.

“(f) The state board shall determine the cut score for the stand-alone reading assessment with strong consideration based on the national mean if the national mean is not less than seventy percent (70%) correct answers on the stand-alone reading assessment.

“(B) An applicant for initial licensure or licensure in an additional area shall not receive a license after July 1, 2007, unless the applicant scores at or above the minimum level set by the State Board of Education that is consistent with the recommendations of the Professional Licensure Standards Board.

“(C) The teacher preparation programs for licensure in this state shall report the results of the examinations to the department upon request.

“(c) The State Board of Education shall not delegate to a college or university any of the State Board of Education's powers or duties pertaining to the issuance, licensure, relicensure, and continuance of licensure of teachers in public schools in this state.

“(d)(1) The State Board of Education shall waive the examination requirements under subsection (b) of this section for an individual applying for a first-time Arkansas license who has a valid out-of-state teaching license and three (3) years' documented teaching experience as required by the rules promulgated by the State Board of Education.

“(2) A teacher who has fewer than three (3) years' documented teaching experience shall have up to three (3) years to pass the stand-alone reading assessment, during which the teacher may work under a provisional license.”

Amendments. The 2011 amendment rewrote (a).

The 2013 amendment repealed (e).

The 2015 amendment substituted “an individual applying for a first-time Arkansas license who has” for “individuals applying for licensure in Arkansas who have” in (d).

The 2017 amendment by No. 294 rewrote the section.

The 2017 amendment by No. 416 deleted “and regulations” in the section heading; in (b)(1), substituted “state board” for “State Board of Education” and deleted “and regulations” following “rules”; rewrote (b)(2)(A); substituted “The teacher preparation programs for licensure in this state” for “All colleges and universities in this state” in (b)(2)(C); redesignated former (d) as (d)(1); added (d)(2); and made stylistic changes.

The 2019 amendment by No. 540 rewrote (c)(2)(A)(ii) (a)

The 2019 amendment by No. 628 substituted “Elementary education” for “Early Childhood” in (j)(1); and added (k).

The 2019 amendment by No. 692 confirmed the 2017 codification decision of the Arkansas Code Revision Commission.

The 2019 amendment by No. 757 substituted “Elementary Education” for “Early Childhood” in (j)(1).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (b)(1)(A); and substituted “division” for “department” in (d)(2).

6-17-403. Provisional licensure for teachers trained and licensed in other states.

  1. The State Board of Education may issue a one-year nonrenewable provisional license to any teacher who seeks Arkansas licensure and is trained in and licensed by a state other than Arkansas if the teacher has been in good standing during the most recent three (3) years of teaching in another state.
    1. A person who has not successfully completed the licensure tests required under § 6-17-402 and who has not previously held an Arkansas standard license but meets degree, course work, and experience requirements for a standard license and who otherwise qualifies to teach in the public schools of this state may receive a three-year nonrenewable provisional license and be employed by any public school district in this state for a period not to exceed three (3) years while completing the professional development, course work, or training necessary to successfully pass the stand-alone reading assessment under § 6-17-402.
    2. A school district that hires a teacher who has not successfully completed the licensure tests required under § 6-17-402 shall not be penalized by the state board provided that the length of employment of the teacher while nonlicensed does not exceed one (1) year.
  2. The state board shall issue a standard five-year teaching license to an individual who furnishes to the Division of Elementary and Secondary Education proof of the following:
    1. A valid, standard teaching license or its Arkansas equivalent that:
      1. Was issued in another state; and
      2. Has been in good standing during the most recent three (3) years of the applicant's teaching experience;
    2. Successful completion of the criminal records checks and Child Maltreatment Central Registry check under § 6-17-410;
    3. Higher education transcripts evidencing the award of at least a baccalaureate degree;
    4. Successful completion of the licensure tests required under § 6-17-402;
    5. Completion of a program for:
      1. Teacher education at a nationally or regionally accredited institution of higher education;
      2. Teacher education nationally accredited by an accrediting organization recognized by the United States Department of Education, the Council for Higher Education Accreditation, or the Council for the Accreditation of Educator Preparation; or
      3. Certification from the National Board for Professional Teaching Standards; and
    6. Payment of applicable licensure fees.

History. Acts 1979, No. 162, § 1; 1985, No. 1082, § 1; A.S.A. 1947, § 80-1201; Acts 1989, No. 307, § 1; 2005, No. 2151, § 3; 2011, No. 989, § 36; 2011, No. 1178, § 1; 2013, No. 454, § 1; 2013, No. 1073, § 23; 2015, No. 1090, § 4; 2017, No. 416, § 1; 2019, No. 910, § 1380.

Amendments. The 2011 amendment by No. 989, in the section head and throughout the section, substituted “licensure” for “certification,” “licensed” for “certified,” and “license” for “certificate”; substituted “licensure” for “National Teacher's Examination or a similar” in (b)(1); and substituted “nonlicensed” for “noncertified” in (b)(2).

The 2011 amendment by No. 1178, throughout the section, substituted “license” for “certificate,” “licensed” for “certified,” and “licensure” for “certification”; substituted “an examination” for “the National Teacher's Examination or a similar examination” in (a); substituted “nonlicensed” for “noncertified” in (b)(2); and added (c).

The 2013 amendment by No. 454 added “unless the individual has three (3) years of documented teaching experience” in (c)(4); inserted (c)(5) and redesignated the remaining subdivisions accordingly.

The 2013 amendments by Nos. 454 and 1073 added “Teacher Education Accreditation Council, or Council for the Accreditation of Educator Preparation” in (c)(6)(B).

The 2015 amendment deleted former (c)(5) and redesignated the remaining subdivisions accordingly; inserted “nationally” in (c)(5)(A); and rewrote (c)(5)(B).

The 2017 amendment added “if the teacher has been in good standing during the most recent three (3) years of teaching in another state” in (a); in (b)(1), substituted “tests required under § 6-17-402” for “examination designated by the state board under § 6-17-601 et seq.”, inserted “standard” following “Arkansas”, substituted “three-year” for “one-year” and “three (3) years” for “one (1) year”, and added the language beginning with “while completing”; substituted “licensure tests required under § 6-17-402” for “examination” in (b)(2); substituted “three (3) years” for “two (2) years” in (c)(1)(B); rewrote (c)(4); and made stylistic changes.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (c).

6-17-404. Certain teachers and administrators licensed in adjoining state.

  1. Any person who is licensed as a schoolteacher or administrator in an adjoining state, who serves as a teacher or administrator in any public school in this state located in a county having a population of at least forty-two thousand (42,000) but not more than forty-seven thousand (47,000) according to the 1970 Federal Decennial Census and having an intermix of students from Arkansas and an adjoining state, and who is compensated for services in this state by an adjoining state or school district or districts in such adjoining state shall without further qualification be allowed to serve in such school in a capacity for which the person is qualified in the adjoining state without affecting the rating of the school.
  2. However, no such teacher or administrator shall receive a license issued by the State Board of Education until that person complies with the provisions of § 6-17-410.

History. Acts 1979, No. 209, § 1; A.S.A. 1947, § 80-1209.1; Acts 1995, No. 1310, § 3.

Case Notes

Constitutionality.

This section is not an unconstitutional local or special law since the statute is rationally related to Arkansas's interest in assisting one or more border school districts to obtain teachers from adjoining states and thereby foster better education for all students. Hall v. Tucker, 336 Ark. 112, 983 S.W.2d 432 (1999).

6-17-405. [Repealed.]

Publisher's Notes. This section, concerning license revocation generally, was repealed by Acts 2001, No. 752, § 2. The section was derived from Acts 1931, No. 169, § 183; Pope's Dig., § 11625; A.S.A. 1947, § 80-1214; Acts 1989, No. 866, § 1; 1995, No. 1310, § 2; 1997, No. 1313, § 1; 1999, No. 1161, § 1.

6-17-406. License revocation generally — Superintendents and supervisors.

The State Board of Education may revoke the license of any superintendent or supervisor in any and every instance where the Secretary of the Department of Finance and Administration has found it necessary to proceed upon the bond of the superintendent or supervisor to recover funds wrongfully used. Revocation shall be mandatory in any and every instance where there is recovery on the bond.

History. Acts 1949, No. 289, § 1; A.S.A. 1947, § 80-1214.1; Acts 2019, No. 910, § 3366.

Publisher's Notes. Acts 1949, No. 289, § 2, provided that, except as specifically provided in this section, this section was not to amend any existing law.

Amendments. The 2019 amendment substituted “Secretary” for “Director”.

6-17-407. License revocation — Falsifying attendance records — Investigating allegations of employee criminal misconduct.

    1. The State Board of Education is directed to revoke the license of any person in this state who knowingly falsifies any attendance records kept by him or her that are used in computing the average daily attendance or average daily membership of the school district in which the person is employed, and the state board is directed to revoke the license of any superintendent of schools who knowingly permits or requires any person to falsify the attendance records.
    2. Any person or superintendent of schools whose license is revoked as provided in this subsection shall not thereafter be eligible to receive a license to teach in this state.
      1. The superintendent of schools shall be responsible for investigating and documenting allegations of criminal misconduct as delineated in §§ 6-17-410 and 6-17-414 by a school district employee and involving a student or students.
      2. The investigation may be conducted by the superintendent's designee.
    1. If the superintendent finds no basis for allegations of criminal misconduct, he or she shall not be required to place any documents relative to such allegations or the subsequent investigation in the employee's personnel file.
    2. Results of any such investigation shall not be available for examination except by the employee or his or her duly authorized representative or the office of the prosecuting attorney.
    3. Failure to comply with the requirements of this subsection shall be a Class C misdemeanor.

History. Acts 1957, No. 370, § 1; A.S.A. 1947, § 80-1228; Acts 1997, No. 1313, § 4; 2005, No. 2151, § 4.

Cross References. Revocation of license for failure to keep attendance records, § 6-18-217.

Case Notes

Purpose.

The purpose of this section is not to prevent superintendents from directing teachers to falsify records, but to prevent anyone in authority, including the superintendent, from falsifying records to the state; thus the State Board of Education is authorized to revoke a superintendent's certificate not only when he permits or requires a teacher to falsify an attendance record, but also when he falsifies the record himself. Balentine v. Ark. State Bd. of Educ., 285 Ark. 1, 684 S.W.2d 246 (1985).

Cited: Harber v. Rhodes, 248 Ark. 1188, 455 S.W.2d 926 (1970).

6-17-408. [Repealed.]

Publisher's Notes. This section, concerning failure to file teacher's license; defense, was repealed by Acts 2007, No. 710, § 3. The section was derived from Acts 1953, No. 234, § 1; A.S.A. 1947, § 80-1227; Acts 1993, No. 294, § 11; 1999, No. 1078, § 61.

6-17-409. Alternative educator preparation programs — Definitions.

  1. As used in this section, “alternative educator preparation program” means a program of study approved by the Division of Elementary and Secondary Education for candidates holding a bachelor's degree who are preparing for licensure as teachers and leaders in public schools in this state.
    1. The State Board of Education may offer and operate an alternative educator preparation program.
      1. The division may provide grants of financial assistance to entities that train individuals seeking to obtain licensure through an alternative educator preparation program administered by the division.
      2. The division shall pay the grants from funds appropriated by the General Assembly to the division for such purpose.
      3. The State Board of Education shall promulgate rules to determine eligibility for and amount of awards of the grants concerning the operation of the alternative educator preparation program authorized by this section and for such other purposes as may be necessary in carrying out the intent of this section.
    2. The division may refuse to admit for enrollment in the alternative educator preparation program administered by the division a person who has been dismissed from a teacher education program at an institution of higher education.
    3. If the State Board of Education requires an applicant for licensure through an alternative educator preparation program to complete one (1) or more additional college-level courses and the applicant has obtained a bachelor's degree, the required course or courses shall be available as an online course, a traditional face-to-face course, or a hybrid course that is part online instruction and part face-to-face instruction, as approved by the division.
  2. The State Board of Education may promulgate rules for the requirements for educator licensure through other alternative educator preparation programs, including without limitation:
    1. A teacher or leader academy;
    2. A residency program at a public school, which may be in partnership with an educator preparation program at an institution of higher education;
    3. The Teach For America, Inc., program;
    4. The Arkansas Teacher Corps program of the University of Arkansas at Fayetteville;
    5. The American Board for the Certification of Teacher Excellence program;
    6. Another alternative educator preparation program approved by the division;
    7. A program conferring a master's degree in teaching from an accredited program at an institution of higher education; or
    8. An alternative educator preparation program or pathway for an applicant who has professional work experience in the content area in which the applicant desires to obtain a license.
    1. The State Board of Education shall issue to an applicant who is in an alternative educator preparation program a provisional teaching license that is issued under the state board's rules governing provisional licensure.
    2. The provisional license is valid for the entire period that the applicant:
      1. Is participating in the alternative educator preparation program;
      2. Has not been determined to have an ethics violation under § 6-17-428; and
      3. Is teaching in an Arkansas public school.
  3. The State Board of Education may require an applicant for licensure under this section to submit proof of the following academic eligibility:
      1. Passing scores, as set by the state board, on subject matter content-area assessments or their substantial equivalents.
      2. As used in this subdivision (e)(1), “substantial equivalents” includes without limitation the assessments required by the American Board for the Certification of Teacher Excellence program and any alternative method of demonstrating subject matter content competency identified by the State Board of Education under § 6-15-1004.
      3. An individual under this section shall demonstrate pedagogical competence;
    1. Successful completion of professional educator ethics training identified by rules of the State Board of Education; and
    2. As required by State Board of Education rules for the grade level and content area for which the applicant seeks licensure, successful completion of courses in Arkansas history or reading and writing in content areas, or both.
  4. No academic or experience requirements for obtaining an Arkansas teaching license in addition to those identified in subsections (c)-(e) of this section shall be imposed on an applicant who has completed one of the programs under subdivisions (c)(3)-(5) and who otherwise meets the requirements of this section by:
    1. The State Board of Education;
    2. The division; or
    3. An Arkansas state-funded college or university.
  5. Each applicant for a provisional license under this section shall successfully complete the criminal records checks and Child Maltreatment Central Registry check under § 6-17-410 before the division may issue the license.

History. Acts 1991, No. 308, § 1; 2005, No. 2151, § 17; 2007, No. 704, § 1; 2011, No. 989, § 37; 2011, No. 1178, § 2; 2013, No. 413, § 1; 2013, No. 454, §§ 2, 3; 2013 (1st Ex. Sess.), No. 2, § 1; 2015, No. 1090, §§ 5, 6; 2015, No. 1121, §§ 1, 2; 2017, No. 294, § 4; 2017, No. 416, § 2; 2019, No. 540, § 2; 2019, No. 692, § 17; 2019, No. 910, §§ 1381, 1382.

A.C.R.C. Notes. This section is set out above as amended by Acts 2017, 294, § 4. Subdivision (e)(2) of the former section also was amended by Acts 2017, 416, § 2 to add an additional subdivision (e)(2)(C) to read as follows:

“(C) Successfully completed the licensure tests required under § 6-17-402.”

Amendments. The 2011 amendment by No. 989 deleted “certification” following “licensure” in the section head, twice in (b), and in (d); substituted “State Board of Education may” for “department is hereby authorized to” in (e); and substituted “rules require” for “department requires” in (d).

The 2011 amendment by No. 1178 substituted “State Board of Education” for “Department of Education” in (a); substituted “Department of Education” for “department” in (b)(1); substituted “licensure” for “certification” in (b)(1) and (d); substituted “state board shall” for “department is hereby authorized to” in (c); substituted “state board” for “department” in (d); and added (e) and (f).

The 2013 amendment by No. 413 inserted present (e)(1) and redesignated the remaining subdivisions accordingly; rewrote present (e)(2); substituted “an accelerated teaching” for “the Teach for America” in (e)(3); substituted “Participating in the accelerated teaching” for “In the Teach for America” in (e)(3)(A); substituted “and accelerated teaching” for “the two-year Teach for America” in (e)(4)(B)(ii).

The 2013 amendment by No. 454 inserted “basic-skills” and “or their substantial equivalents” in (e)(4)(A); in (e)(4)(B)(i), inserted “state board rules for” and substituted “reading and writing in content areas” for “Methods of Teaching Reading”; inserted “nonrenewable” in the introductory language of (f)(1); in (f)(1)(F), inserted “state-required basic-skills” and deleted “and “pedagogical” preceding “test”; rewrote (f)(2); substituted “each year” for “three (3) years” in (f)(3); and rewrote (f)(4).

The 2013 (1st Ex. Sess.) amendment deleted “sixty (60) hours of” before “professional development” in (f)(2)(B).

The 2015 amendment by No. 1090 inserted designation (c)(1); and added (c)(2); inserted present designations (e)(3)(A) and (e)(3)(B); added “that is issued under the rules governing provisional licensure for nontraditional licensure applicants” in present (e)(3)(A); added “The provisional license is” in the introductory language of (e)(3)(B); and redesignated former (e)(3)(A) and (e)(3)(B) as (e)(3)(B)(i) and (e)(3)(B)(ii).

The 2015 amendment by No. 1121 inserted (e)(2)(A)(i) (c) , and redesignated former (e)(2)(A)(i) (c) as (e)(2)(A)(i) (d) ; redesignated (e)(4)(A) as (e)(4)(A)(i); and added (e)(4)(A)(ii).

The 2017 amendment by No. 294 rewrote the section heading and the section.

The 2017 amendment by No. 416 added (e)(2)(C).

The 2019 amendment by No. 540 substituted “subject matter” for “state-required pedagogical and” in (e)(1)(A); substituted “any” for “an” in (e)(1)(B); added (e)(1)(C); and made a stylistic change.

The 2019 amendment by No. 692 confirmed the 2017 codification decision of the Arkansas Code Revision Commission, which did not give effect to Acts 2017, No. 416, § 2.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” throughout (b) and (g).

6-17-410. Teacher licensure — Application, renewal application, revocation, suspension, and probation — Definitions.

        1. An applicant for a license issued by the State Board of Education, an applicant for license renewal, and a preservice teacher shall apply to the Identification Bureau of the Division of Arkansas State Police for a statewide and nationwide criminal records check, to be conducted by the Division of Arkansas State Police and the Federal Bureau of Investigation.
        2. The check shall conform to the applicable federal standards and shall include the taking of fingerprints as required under § 6-17-417.
        3. The Identification Bureau may maintain these fingerprints in the automated fingerprint identification system.
        4. An institution of higher education is not required to bar a student from enrollment in an educator preparation program due to a disqualifying offense.
      1. The applicant shall sign a release of information to the Division of Elementary and Secondary Education and shall be responsible for the payment of any fee associated with the criminal records check.
    1. Upon completion of the criminal records check, the Identification Bureau shall forward all releasable information obtained concerning the applicant to the Division of Elementary and Secondary Education.
      1. An applicant for a license issued by the state board, an applicant for license renewal, and a preservice teacher are required to request through the Division of Elementary and Secondary Education a Child Maltreatment Central Registry check to be conducted by the Department of Human Services.
      2. The applicant shall sign a release of information to the Division of Elementary and Secondary Education and is responsible for the payment of any fee associated with the Child Maltreatment Central Registry check.
      3. The department shall forward all releasable information concerning the applicant to the Division of Elementary and Secondary Education upon completion of the Child Maltreatment Central Registry check.
      4. An institution of higher education is not required to bar a student from enrollment in an educator preparation program due to a true report in the Child Maltreatment Central Registry.
    1. The state board may issue a six-month nonrenewable letter of provisional eligibility for licensure pending the results of the criminal records check and the Child Maltreatment Central Registry check. However, the Commissioner of Elementary and Secondary Education may extend the period of provisional eligibility to the end of that contract year if:
      1. The applicant is employed by a school district or open-enrollment public charter school; and
      2. The results of the criminal records check or the Child Maltreatment Central Registry check are delayed.
      1. Upon receipt of information from the Identification Bureau that the person holding a letter of provisional eligibility for licensure has pleaded guilty or nolo contendere to or has been found guilty of any offense listed in subsection (c) of this section, the state board shall immediately revoke the provisional eligibility.
      2. A sealed, expunged, or pardoned conviction shall not disqualify a person under this section if the conviction does not involve the physical or sexual injury, mistreatment, or abuse of another.
    2. If the Division of Elementary and Secondary Education receives information from the department that the person holding a letter of provisional eligibility for teacher licensure has a true report in the Child Maltreatment Central Registry, the state board shall immediately revoke the provisional eligibility of the teacher licensure applicant.
  1. The state board shall not issue a first-time license or renew an existing license and shall revoke an existing license not up for renewal of a person who has a true report in the Child Maltreatment Central Registry or who has pled guilty or nolo contendere to or has been found guilty of any of the following offenses by a court in the State of Arkansas or of any similar offense by a court in another state or by a federal court:
    1. Capital murder as prohibited in § 5-10-101;
    2. Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103;
    3. Manslaughter as prohibited in § 5-10-104;
    4. Battery in the first degree as prohibited in § 5-13-201 and battery in the second degree as prohibited in § 5-13-202;
    5. Aggravated assault as prohibited in § 5-13-204, and assault in the first degree as prohibited by § 5-13-205;
    6. Terroristic threatening in the first degree as prohibited in § 5-13-301;
    7. Kidnapping as prohibited in § 5-11-102;
    8. Rape as prohibited in § 5-14-103;
    9. Sexual assault in the first degree, second degree, third degree, and fourth degree as prohibited in §§ 5-14-124 — 5-14-127;
    10. Incest as prohibited in § 5-26-202;
    11. A violation of the Arkansas Protection of Children Against Exploitation Act of 1979, § 5-27-301 et seq., or the use of a child in a sexual performance as prohibited by §§ 5-27-402 and 5-27-403;
    12. Distribution to minors as prohibited in § 5-64-406;
    13. Any felony in violation of the Uniform Controlled Substances Act, § 5-64-101 et seq.;
    14. Sexual indecency with a child as prohibited in § 5-14-110;
    15. Endangering the welfare of a minor in the first degree as prohibited in § 5-27-205, or endangering the welfare of a minor in the second degree as prohibited by § 5-27-206;
    16. False imprisonment in the first degree as prohibited in § 5-11-103;
    17. Permanent detention or restraint as prohibited in § 5-11-106;
    18. Permitting abuse of a child as prohibited in § 5-27-221(a);
    19. Negligent homicide as prohibited by § 5-10-105(a);
    20. Coercion as prohibited by § 5-13-208;
    21. Public sexual indecency as prohibited by § 5-14-111;
    22. Indecent exposure as prohibited by § 5-14-112;
    23. Criminal attempt, criminal solicitation, or criminal conspiracy as prohibited in §§ 5-3-201, 5-3-202, 5-3-301, and 5-3-401, to commit any of the offenses listed in this subsection;
    24. Computer child pornography as prohibited in § 5-27-603;
    25. Computer exploitation of a child in the first degree as prohibited in § 5-27-605;
    26. Felony theft as prohibited in §§ 5-36-103 — 5-36-106 and 5-36-202;
    27. Robbery as prohibited by §§ 5-12-102 and 5-12-103;
    28. Breaking or entering as prohibited by § 5-39-202;
    29. Burglary as prohibited by § 5-39-201 and aggravated residential burglary as prohibited by § 5-39-204;
    30. Forgery as prohibited by § 5-37-201;
    31. Video voyeurism as prohibited by § 5-16-101, and voyeurism as prohibited under § 5-16-102;
    32. Domestic battering in the first degree as prohibited by § 5-26-303;
    33. Domestic battering in the second degree as prohibited by § 5-26-304;
    34. Felony violation of an order of protection as prohibited by § 5-53-134;
    35. Prostitution as prohibited by § 5-70-102;
    36. Sexual solicitation as prohibited by § 5-70-103;
    37. Promoting prostitution in the first degree as prohibited by § 5-70-104;
    38. Promoting prostitution in the second degree as prohibited by § 5-70-105;
    39. Stalking as prohibited by § 5-71-229;
    40. Failure to notify by a mandated reporter in the first degree as prohibited by § 12-18-201;
    41. Any felony not listed in this subsection and involving physical or sexual injury, mistreatment, or abuse against another person;
    42. Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211, if a Class Y felony;
    43. Sexual extortion, § 5-14-113;
    44. Failure to comply with the registration and reporting requirements of § 12-12-904;
    45. Trafficking of a person as prohibited by § 5-18-103;
    46. Patronizing a victim of human trafficking as prohibited by § 5-18-104;
    47. Aggravated assault on a family member or household member as prohibited member as prohibited by § 5-26-306; and
    48. Computer crimes against a minor as prohibited by § 5-27-601 et seq.
    1. For the purposes of this subsection:
      1. “Cause” means any of the following:
        1. Holding a license obtained by fraudulent means;
        2. Revocation of a license in another state;
        3. Intentionally compromising the validity or security of any student test or testing program administered by or required by the state board or the Division of Elementary and Secondary Education;
        4. Having the completed examination test score of any testing program required by the state board for teacher licensure declared invalid by the testing program company and so reported to the Division of Elementary and Secondary Education by the testing company;
        5. Having a sealed, an expunged, or a pardoned conviction for any offense in subsection (c) of this section that involves the physical or sexual injury, mistreatment, or abuse of another person;
        6. Being subject to the provisions of § 12-12-905;
        7. Failing to establish or maintain the necessary requirements and standards set forth in Arkansas law or state board rules for teacher licensure;
        8. Knowingly submitting or providing false or misleading information or knowingly failing to submit or provide information requested or required by law to the Division of Elementary and Secondary Education, the state board, or Arkansas Legislative Audit;
        9. Knowingly falsifying or directing another to falsify any grade given to a student, whether the grade was given for an individual assignment or examination or at the conclusion of a regular grading period;
        10. Having a true report in the Child Maltreatment Central Registry;
        11. Violating any other provision of state law for which the penalty is the suspension or revocation of a teacher's license; or
        12. Undergoing an involuntary commitment for a physical or mental illness that endangers the health, safety, welfare, or education of a student, as determined by a licensed health professional, until the person provides documentation from a licensed health professional of treatment of the physical or mental illness and the person's current fitness; and
      2. “Child” means a person under twenty-one (21) years of age or enrolled in the public schools of the State of Arkansas.
    2. For cause as stated in this subsection, the state board is authorized to:
      1. Revoke a license permanently;
      2. Suspend a license for a terminable period of time or indefinitely; or
      3. Place a person on probationary status for a terminable period of time with the license to be revoked or suspended if the probationary period is not successfully completed.
    1. Before taking an action under subsection (c) or subsection (d) of this section, the state board shall provide a written notice of the reason for the action and shall afford the person against whom the action is being considered the opportunity to request a hearing.
    2. A written request for a hearing must be received by the state board no more than thirty (30) days after the notice of the denial, nonrenewal, or revocation of the license is received by the person who is the subject of the proposed action.
    3. Upon written notice that a revocation, suspension, or probation is being sought by the state board for a cause set forth, a person may:
      1. Decline to answer the notice, in which case the state board shall hold a hearing to establish by a preponderance of the evidence that cause for the proposed action exists;
        1. Contest the complaint and request a hearing in writing, in which case the person shall be given an evidentiary hearing before the state board if one is requested.
        2. If the person requesting the hearing fails to appear at the hearing, the hearing shall proceed in the manner described in subdivision (e)(3)(A) of this section;
      2. Admit the allegations of fact and request a hearing before the state board in mitigation of any penalty that may be assessed; or
      3. Stipulate or reach a negotiated agreement, which must be approved by the state board.
      1. The revocation provisions of subsection (c) of this section may be waived, or a license may be suspended or placed on probation by the state board upon request by:
        1. The board of directors of a school district or open-enrollment public charter school;
        2. An affected applicant for licensure;
        3. The person holding a license subject to revocation; or
        4. An unlicensed individual admitted to a teacher preparation program approved by the Division of Elementary and Secondary Education.
      2. A waiver granted under subdivision (f)(1)(A) of this section shall operate as a waiver of the disqualification for employment for the same offense under § 6-17-411.
    1. Circumstances for which a waiver may be granted shall include without limitation the following:
      1. The age at which the crime or incident was committed;
      2. The circumstances surrounding the crime or incident;
      3. The length of time since the crime or incident;
      4. Subsequent work history;
      5. Employment references;
      6. Character references; and
      7. Other evidence demonstrating that the applicant does not pose a threat to the health or safety of school children or school personnel.
      1. An unlicensed individual who is disqualified from licensure by subsection (c) of this section may apply for a waiver before applying for licensure by submitting to the Division of Elementary and Secondary Education:
        1. Written request for a hearing;
        2. Proof of acceptance or enrollment in a teacher preparation program approved by the Division of Elementary and Secondary Education; and
        3. Written recommendation from the teacher preparation program.
      2. If the state board approves a waiver after a hearing, the individual may obtain a license only upon:
        1. Successful completion of the teacher preparation program; and
        2. Fulfillment of all other requirements for licensure.
      3. A waiver granted under subdivision (f)(3)(A) of this section also shall operate as a waiver under § 6-17-414 for an unlicensed individual to work for a school district as a student teacher.
    1. The superintendent of each school district or open-enrollment public charter school shall report to the state board the name of any person holding a license issued by the state board and currently employed or employed during the two (2) previous school years by the school district or open-enrollment public charter school who:
      1. Has pleaded guilty or nolo contendere to or has been found guilty of a felony or any misdemeanor listed in subsection (c) of this section;
      2. Holds a license obtained by fraudulent means;
      3. Has had a similar license revoked in another state;
      4. Has intentionally compromised the validity or security of any student test or testing program administered or required by the Division of Elementary and Secondary Education;
      5. Has knowingly submitted falsified information or failed to submit information requested or required by law to the Division of Elementary and Secondary Education, the state board, or Arkansas Legislative Audit;
      6. Has failed to establish or maintain the necessary requirements and standards set forth in Arkansas law or Division of Elementary and Secondary Education rules for teacher licensure; or
      7. Has a true report in the Child Maltreatment Central Registry.
    2. Failure of a superintendent to report information as required by this subsection may result in sanctions imposed by the state board.
    1. Any information received by the Division of Elementary and Secondary Education from the Identification Bureau or the department pursuant to subsection (a) of this section shall not be available for examination except by the affected applicant for licensure or his or her duly authorized representative, and no record, file, or document shall be removed from the custody of the Division of Elementary and Secondary Education.
    2. Any information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that applicant only.
    3. Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check.
  2. The state board shall adopt the necessary rules to fully implement the provisions of this section.
  3. As used in this section:
    1. “Preservice teacher” means an unlicensed individual who is accepted or enrolled in a teacher preparation program approved by the Division of Elementary and Secondary Education; and
    2. “Supervised clinical practice” means the placement of a preservice teacher by a teacher education program approved by the Division of Elementary and Secondary Education at the educational entity for the purpose of the student completing an internship or a student teaching experience required by the teacher education program.

History. Acts 1995, No. 1310, § 1; 1997, No. 1272, § 2; 1997, No. 1313, § 2; 1999, No. 226, § 1; 2001, No. 752, § 1; 2003, No. 1087, § 9; 2003, No. 1389, § 1; 2003, No. 1738, § 3; 2005, No. 2151, § 5; 2007, No. 1573, § 23; 2009, No. 376, § 24; 2009, No. 1173, §§ 1-8; 2013, No. 455, § 1; 2015, No. 1089, §§ 1-5; 2017, No. 367, § 7; 2017, No. 664, § 3; 2017, No. 746, §§ 1-4; 2019, No. 536, §§ 1-4; 2019, No. 910, §§ 1383-1394.

Amendments. The 2009 amendment by No. 376 inserted “and aggravated residential burglary as prohibited by § 5-39-204” in (c)(32).

The 2009 amendment by No. 1173 inserted (a)(3); inserted “and the child maltreatment central registry check” in (b)(1); inserted “or the child maltreatment central registry check” in (b)(1)(B); and added (b)(3); substituted “a true report in the child maltreatment central registry or has pled” for “has pleaded” in the introductory language of (c); inserted (d)(1)(A)(ix); inserted “or incident” in (f)(2)(A), (f)(2)(B), and (f)(2)(C); inserted (g)(1)(G); inserted “or the Department of Human Services” in (h)(1); and made related and minor stylistic changes.

The 2013 amendment substituted “Application” for “First-time applicant” in the section heading; in (a)(1)(A)(i) and (a)(3)(A), substituted “An” for “Each first-time” and “an applicant for license renewal” for “each applicant for his or her first license renewal on or after July 1, 1997”; deleted former (a)(1)(C); substituted “is” for “shall be” in (a)(3)(B); deleted “to a first-time applicant” following “licensure” in the introductory language of (b)(1); substituted “school district or open-enrollment public charter school” for “local school district” in (b)(1)(A) and (f)(1)(A); inserted (c)(34) through (c)(43) and redesignated the remaining subdivision accordingly; substituted “the state board shall hold a hearing” for “a hearing shall be held before the state board” in (e)(3)(A); added (f)(1)(D) [now (f)(1)(A)(iv)] and (f)(3); and inserted “or open-enrollment public charter school” twice in the introductory language of (g)(1).

The 2015 amendment substituted “and a preservice teacher shall” for “shall be required to” in (a)(1)(A)(i); rewrote (a)(1)(A)(iv); substituted “and a preservice teacher are required” for “shall be required” in (a)(3)(A); added (a)(3)(D); inserted designation (d)(1)(A)(v) (a) ; added (d)(1)(A)(v) (b) ; redesignated the former introductory language of (f)(1) as the introductory language of (f)(1)(A) and redesignated the remaining subdivisions accordingly; added (f)(1)(B); and added (j).

The 2017 amendment by No. 367 added (c)(45).

The 2017 amendment by No. 664 added (c)(45) [now (c)(46)].

The 2017 amendment by No. 746 added “as required under § 6-17-417” at the end of (a)(1)(A)(ii); redesignated former (b)(2) as (b)(2)(A); added (b)(2)(B) and (c)(45) [now (c)(47)]; redesignated former (d)(1)(A)(v) (a) as (d)(1)(A)(v); inserted “a sealed” in (d)(1)(A)(v); deleted (d)(1)(A)(v) (b) ; inserted (d)(1)(A)(vi), and redesignated the remaining subdivisions accordingly; and deleted “and regulations” following “rules” in present (d)(1)(A)(vii).

The 2019 amendment by No. 536 rewrote (b)(2)(B); added “and assault in the first degree as prohibited by § 5-13-205” in (c)(5); rewrote (c)(11); added “or endangering the welfare of a minor in the second degree as prohibited by § 5-27-206” in (c)(15); deleted former (c)(16), (c)(21), and (c)(25) and redesignated the remaining subdivisions accordingly; added “and voyeurism as prohibited under § 5-16-102” in (c)(31); added (c)(45) through (c)(48); in (d)(1)(A)(v), deleted “sexual or physical abuse offense committed against a child or any” preceding “offense” and added “that involves the physical or sexual injury, mistreatment, or abuse of another person”; added (d)(1)(A)(xi) and (d)(1)(A)(xii); and made stylistic changes.

The 2019 amendment by No. 910 substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a)(1)(A)(i) twice and in (a)(2) and (h)(1); substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout the section; and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in the introductory language of (b)(1).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Criminal Law, Computer Crimes, 26 U. Ark. Little Rock L. Rev. 361.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, Teachers and Other School Employees, 26 U. Ark. Little Rock L. Rev. 377.

Case Notes

Construction.

When construing subsection (c) of this section just as it reads and giving meaning and effect to every word within the statute, it is clear that the General Assembly intended for all who have pled guilty or nolo contendere to a disqualifying offense to be prohibited from receiving a teaching license, regardless of whether the individual's record has since been expunged; by referencing both those who have pled guilty or nolo contendere in addition to those who have been found guilty, the General Assembly intended to include those whose records have been expunged as those ineligible for licensure due to criminal conduct. Landers v. Ark. Dep't of Educ., 2010 Ark. App. 312, 374 S.W.3d 795 (2010).

Waiver.

Circuit court did not err in affirming the decision of the Arkansas State Board of Education to deny an applicant's waiver request for a certified teacher's license pursuant to subsection (c) of this section because given the plain meaning of subdivision (d)(1)(A)(v), there was no abuse of discretion in the Board's decision that the phrase “expunged or pardoned conviction” related to both any sexual or physical abuse offense committed against a child and any offense in subsection (c). Landers v. Ark. Dep't of Educ., 2010 Ark. App. 312, 374 S.W.3d 795 (2010).

Substantial evidence support the decision of the Arkansas State Board of Education to deny an applicant's waiver request for a certified teacher's license pursuant to subsection (c) of this section because the Board considered all the evidence presented and expressed concern over the applicant's character due to her criminal conduct and lack of remorse; the Board noted a lack of support from the applicant's employer, a school district superintendent, and recognized that her proposed area of licensure, pre-kindergarten through grade four, was not a high-need area of certification. Landers v. Ark. Dep't of Educ., 2010 Ark. App. 312, 374 S.W.3d 795 (2010).

6-17-411. Criminal records check as a condition for initial employment of licensed personnel — Definitions.

      1. Except as provided in subdivision (a)(1)(B) of this section, the board of directors of an educational entity shall require as a condition for initial employment by the educational entity that any person holding a license issued by the State Board of Education and making application for employment authorize release to the Division of Elementary and Secondary Education the results of:
        1. Statewide and nationwide criminal records checks by the Identification Bureau of the Division of Arkansas State Police, which conform to the applicable federal standards and include the taking of the applicant's fingerprints; and
        2. The Child Maltreatment Central Registry check by the Department of Human Services.
        1. The board of directors of a school district created by consolidation, annexation, or detachment may waive the requirements under subdivision (a)(1)(A) of this section for personnel who were employed by an affected district immediately before the annexation, consolidation, or detachment and who had a complete criminal background check conducted as a condition of the person's most recent employment with the affected district as required under this section.
        2. As used in subdivision (a)(1)(B)(i) of this section, “affected district” means a school district that loses territory or students as a result of annexation, consolidation, or detachment.
    1. Unless the employing educational entity's board of directors has taken action to pay for the cost of criminal background checks or the Child Maltreatment Central Registry checks required by this section, the employment applicant shall be responsible for the payment of any fee associated with the criminal records check and the Child Maltreatment Central Registry check.
    2. At the conclusion of the criminal records check required by this section, the bureau may maintain the fingerprints in the automated fingerprint identification system.
      1. Any information received by the Division of Elementary and Secondary Education from the bureau or the department under this section shall not be available for examination except by the affected applicant for employment or his or her duly authorized representative, and no record, file, or document shall be removed from the custody of the Division of Elementary and Secondary Education.
      2. Any information made available to the affected applicant for employment shall be information pertaining to that applicant only.
      3. Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than the criminal records background check and the Child Maltreatment Central Registry check.
      1. Upon completion of the statewide and nationwide criminal records background checks and the Child Maltreatment Central Registry check, the bureau or the department shall forward all releasable information to the Division of Elementary and Secondary Education.
      2. Within thirty (30) days of receiving all releasable information that has been forwarded by the bureau and the department under subdivision (a)(5)(A) of this section, the Division of Elementary and Secondary Education shall inform the board of directors of the educational entity whether or not the affected applicant is eligible for employment as provided under subsection (b) of this section.
      1. No person holding a license from the state board shall be eligible for employment by an educational entity if the results of the criminal records check released to the Division of Elementary and Secondary Education by the applicant reveal that the applicant has pleaded guilty or nolo contendere to or has been found guilty of any offense that will or may result in license revocation by the state board under § 6-17-410, unless the state board waives revocation.
      2. No person holding a license issued by the state board shall be eligible for employment by an educational entity if the results of the Child Maltreatment Central Registry check released to the Division of Elementary and Secondary Education reveal that the applicant has a true report in the Child Maltreatment Central Registry, unless the state board waives revocation under § 6-17-410.
    1. However, the board of directors of an educational entity is authorized to offer provisional employment to the affected applicant pending notification from the Division of Elementary and Secondary Education that the:
      1. Applicant is eligible for employment based on the background checks; or
      2. State board has waived the disqualifying offense or placement on the Child Maltreatment Central Registry.
  1. The board of directors of an educational entity shall require as a condition for supervised clinical practice at the educational entity that a preservice teacher seeking to conduct his or her supervised clinical practice shall authorize the release to the Division of Elementary and Secondary Education of the results of the criminal records background check and Child Maltreatment Central Registry check required under subdivision (a)(1)(A) of this section.
  2. As used in this section:
    1. “Educational entity” means:
      1. The Division of Elementary and Secondary Education; or
      2. An entity that is identified by the Division of Elementary and Secondary Education as a local education agency, except that for a public school operated by a school district the school district is the educational entity;
    2. “Preservice teacher” means an unlicensed individual who is accepted or enrolled in a teacher preparation program approved by the Division of Elementary and Secondary Education; and
    3. “Supervised clinical practice” means the placement of a preservice teacher by a teacher education program approved by the Division of Elementary and Secondary Education at the educational entity for the purpose of the student completing an internship or student teaching experience required by the teacher education program.

History. Acts 1997, No. 1313, § 3; 2003, No. 42, § 1; 2005, No. 2151, § 6; 2009, No. 1173, §§ 9-12; 2013, No. 455, § 2; 2015, No. 1089, §§ 6, 7; 2019, No. 910, § 1395; 2019, No. 1040, § 1.

Amendments. The 2009 amendment inserted (a)(1)(A)(ii); inserted “or the child maltreatment centeral registry checks” and “and the child maltreatment central registry check” in (a)(2); inserted “or the Department of Human Services” in (a)(4)(A); inserted (b)(1)(B) and redesignated the existing text of (b)(1) accordingly; and made related and minor stylistic changes.

The 2013 amendment substituted “educational entity” for “local school district” and “school district” throughout; deleted “local” preceding “school district” in (a)(1)(B)(i); inserted “subdivision (a)(1)(B)(i) of” in (a)(1)(B)(ii); added “unless the state board waives revocation” at the end of (b)(1)(A); added “unless the state board waives revocation under § 6-17-410” at the end of (b)(1)(B); and added (c).

The 2015 amendment rewrote (b)(2); inserted present (c); and redesignated and rewrote former (c) as (d).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout the section; and substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a)(1)(A)(i), (a)(3), and (a)(4)(A).

The 2019 amendment by No. 1040 substituted “the criminal records background check and the Child Maltreatment Central Registry check” for “this background check” in (a)(4)(C); rewrote (a)(5); and made a stylistic change.

6-17-412. National Board for Professional Teaching Standards certification — Definitions.

  1. As used in this section and § 6-17-413:
    1. “Classroom teacher” means an individual who is required to hold a teaching license from the Division of Elementary and Secondary Education and who is engaged directly in instruction with students in a classroom setting for more than seventy percent (70%) of the individual's contracted time;
    2. “National board” means the National Board for Professional Teaching Standards;
    3. “Starting bonus” means a one-time bonus given during the school year in which an individual first obtains national board certification; and
    4. “Yearly bonus” means a bonus that is given once every school year following the year of initial certification.
    1. The national board was established in 1987 as an independent nonprofit organization to establish high and rigorous standards for teachers, to develop and operate a national voluntary system to assess and certify teachers who meet these standards, and to advance related education reforms for the purpose of improving student learning in the United States.
    2. In order to apply for the national board certification process, the national board requires teachers to have three (3) years or more of teaching experience, to have graduated from an accredited college or university, and to possess a valid state teaching license.
    3. A teacher may become national board certified by successfully completing a year-long certification process in which the teacher must develop a portfolio of student work and videotapes of teaching and learning activities for national board review, participate in the national board assessment center simulation exercises, and successfully pass an examination testing content knowledge.
    1. The State Board of Education may issue a standard Arkansas teaching license to any teacher, building-level principal, or building-level assistant principal trained in and licensed by a state other than Arkansas who seeks Arkansas licensure and who has received national board certification from the national board while teaching in a state other than Arkansas.
    2. Any applicant under subdivision (c)(1) of this section who seeks employment as an Arkansas teacher, building-level principal, or building-level assistant principal shall not have to comply with § 6-17-402 or § 6-17-403 but shall comply with § 6-17-410.

History. Acts 1997, No. 1225, § 1; 2001, No. 1060, § 1; 2011, No. 989, § 38; 2019, No. 910, § 1396.

Amendments. The 2011 amendment, in (c)(1), substituted “license” for “certificate,” “licensed” for “certified,” and “licensure” for “certification”; and substituted “under subdivision (c)(1) of this section” for “meeting this description seeking initial certification in Arkansas” in (c)(2).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1).

6-17-413. National Board for Professional Teaching Standards certification funding — Bonuses — Definitions.

      1. The Division of Elementary and Secondary Education shall pay the full amount of the participation fee of the National Board for Professional Teaching Standards and provide, if determined to be necessary by the division, substitute pay for a maximum of three (3) days of approved paid leave for teachers selected by the State Board of Education to participate in the program of the national board.
      2. A teacher shall have completed at least three (3) years of teaching in the Arkansas public school system before applying for the assistance under this section and § 6-17-412 and shall not have previously received state funding for participation in any certification area in the program of the national board.
      1. The State Board of Education shall promulgate rules for the selection process of teacher participants in the program of the national board.
      2. The number of teacher participants each year will be determined by the amount of funding available for the program.
      1. The division shall pay a yearly incentive bonus of five thousand dollars ($5,000) for no more than ten (10) school years or, in the case of a recertification obtained before January 1, 2018, for the life of the recertification to any classroom teacher, building-level principal, or building-level assistant principal who:
        1. Is selected by the State Board of Education to participate in the program of the national board;
        2. Successfully completes the certification process of the national board;
        3. Has begun the certification process or has received certification or recertification of the national board before January 1, 2018; and
        4. Is, at the time of receiving the bonus:
          1. Employed full time as a classroom teacher, building-level principal, or building-level assistant principal in an Arkansas public school district; or
            1. After working a minimum of three (3) years with national board certification as a classroom teacher, building-level principal, or building-level assistant principal in a public school district, employed full time as a teacher in an accredited teacher preparation program at a state-supported institution of higher education.
              1. Only teachers who hold national board certification on or after August 1, 2009, shall be eligible for a bonus for employment as provided under this subdivision (a)(3)(A)(iv)(b) if funds are available after payments are made to those eligible under subdivisions (a)(3)(A)(iv)(a) and (a)(3)(B)(i) of this section.
              2. However, a bonus payment shall not be made retroactive.
          2. However, a bonus payment shall not be made retroactive.
        1. A teacher certified by the national board who moves into the state on or before January 1, 2017, and is employed full time as a classroom teacher, building-level principal, or building-level assistant principal in an Arkansas public school district shall be eligible for the yearly incentive bonus of five thousand dollars ($5,000) for every school year the person is employed full time as a classroom teacher, building-level principal, or building-level assistant principal in a local public school district for no more than ten (10) school years.
        2. A teacher who holds national board certification on or after August 1, 2009, who moves into the state on or before January 1, 2017, shall be eligible for the yearly incentive bonus of five thousand dollars ($5,000) for every school year the teacher is employed full time for no more than ten (10) school years if, after working for three (3) years with national board certification as a classroom teacher, building-level principal, or building-level assistant principal in a public school district in this state, the teacher is employed as a teacher in an accredited teacher preparation program at a state-supported institution of higher education if funds are available after payments are made to those eligible under subdivisions (a)(3)(A)(iv)(a) and (a)(3)(B)(i) of this section.
      2. The increased incentive bonuses provided in this section shall not be retroactive.
      3. No person shall receive a starting bonus and a yearly incentive for the same school year.
      4. A person shall not receive either a starting bonus or a yearly incentive bonus, irrespective of the person's past participation in the certification of the national board, as a teacher, building-level principal, or building-level assistant principal in an Arkansas public school district or teacher in an accredited teacher preparation program at a state-supported institution of higher education if the person:
        1. Leaves the full-time employment of an Arkansas public school district;
        2. Becomes employed as a school district-level central office administrator;
        3. Is employed by an Arkansas institution of higher education and does not teach in an accredited teacher preparation program; or
        4. Is employed by an education service cooperative and does not teach in a classroom with students.
      5. At the time that the national board establishes a certification of the national board for school administrators and an Arkansas school district-level central office administrator becomes certified by the national board, the school district-level central office will be eligible to receive incentive bonuses in the amount awarded to teachers certified by the national board for every year for the life of the administrator certificate of the national board.
    1. The State Board of Education is authorized to promulgate rules to establish a support program for teachers selected to participate in the program of the national board.
    1. A teacher who receives state moneys for the participation fee of the National Board for Professional Teaching Standards but who does not complete the certification process within three (3) years after the teacher's entry into the certification program of the national board or who becomes certified by the national board but does not teach or serve as a building-level principal or building-level assistant principal in the Arkansas public school system for three (3) continuous school years after receiving the certification by the national board shall repay the division the amount it contributed to the participation fee of the national board and the total amount it contributed to any yearly bonus.
    2. If the teacher, principal, or assistant principal leaves the employment of a public school district before the three (3) continuous years are completed and is employed by an Arkansas institution of higher education or employed by an education service cooperative and the teacher does not teach in a classroom with students, the teacher, principal, or assistant principal shall repay the division the amount it contributed to the participation fee of the national board and the total amount it contributed to any yearly salary bonus.
    3. The State Board of Education may suspend the Arkansas teacher's license of any person that fails, when required to do so, to repay moneys contributed by the division for the certification program of the national board.
    4. Repayment of moneys contributed by the division is not required if, due to the death or disability of the teacher or other extenuating circumstances as may be recognized by the State Board of Education, the teacher does not complete the certification process of the national board or does not teach in the Arkansas public school system for three (3) continuous school years after completing the certification process of the national board.
    1. Provisions of this section and § 6-17-412 shall apply only to the extent that funds are appropriated to the division to pay for these provisions.
      1. For a member of the Arkansas Teacher Retirement System, the division shall withhold any employee contributions when necessary from the incentive bonus and shall send the employee contributions to the system for credit as a part of the member's salary.
      2. The employer contributions shall be provided from funds that are appropriated to the division to pay for the bonuses and shall be sent to the system for credit as employer contributions to match the member's salary.
    1. As used in this subsection, “speech-language pathologist” means a speech-language pathologist who:
      1. Has a master's degree, which includes medical-based training;
      2. Has completed a one-year clinical fellowship;
      3. Has passed the specialty area of the National Teacher Examination; and
      4. Holds a Certificate of Clinical Competence in Speech-Language Pathology from the American Speech-Language-Hearing Association.
    2. By December 1 of each year, the division shall pay a yearly incentive bonus of five thousand dollars ($5,000) to a speech-language pathologist who:
      1. Holds an Arkansas teaching license in speech-language pathology;
      2. Is a full-time employee of an Arkansas education service cooperative or public school district as a speech-language pathologist at the time of receiving the bonus; and
      3. Is not considered a purchased service contractor but may be employed under a teacher contract subject to renewal under § 6-17-1506.
        1. Bonuses paid to a certified speech-language pathologist under this subsection shall be paid from the funds appropriated and available for bonuses to speech-language pathologists.
        2. If sufficient funds are not available to pay the full amount of the bonus to each certified speech-language pathologist as provided under this section, the division may reduce the amount of the bonus for each qualified recipient proportionately as necessary to provide a bonus to each qualified speech-language pathologist in an equal amount.
      1. The cost and expenses related to training for or acquisition of the certificate shall not be funded through the program created under this section and § 6-17-412 but shall be the responsibility of the certified speech-language pathologist.
    3. Although a certified speech-language pathologist entitled to a bonus under this subsection will hold a valid Arkansas teaching license in speech-language pathology, references to “teacher” under this section shall mean a classroom teacher as defined under § 6-17-412(a)(1) who is in the program but not a certified speech-language pathologist.
        1. If a speech-language pathologist who receives a bonus under this subsection leaves employment in the Arkansas public school system before completing three (3) continuous school years of employment, the speech-language pathologist shall repay the division a prorated portion of the bonus received in the school year based on a daily rate for the remainder of a school year in which the speech-language pathologist leaves employment.
        2. The first year of the three (3) continuous school years is the first year that the speech-language pathologist received a bonus under this subsection (d).
        3. The daily rate is calculated as the amount of the annual bonus paid to the speech-language pathologist divided by the number of days in the speech-language pathologist's contract.
      1. The State Board of Education may suspend the Arkansas speech-language pathology license of any person who fails to repay the amount of the bonus required to be repaid under this subdivision (d)(5).
      2. Repayment of all or a portion of a bonus under this subdivision (d)(5) is not required if, due to the death or disability of the speech-language pathologist or other extenuating circumstances as may be recognized by the State Board of Education, the speech-language pathologist does not remain employed in the Arkansas public school system for three (3) continuous school years after first receiving the bonus under this subsection.
    1. The division shall pay a yearly incentive bonus to a person who:
      1. On or after January 1, 2018, began the certification process and received National Board for Professional Teaching Standards certification; and
      2. At the time of receiving the bonus is employed full-time in a public school, including an open-enrollment public charter school, as a:
        1. Classroom teacher;
        2. Instructional facilitator; or
        3. Instructional leader.
    2. A yearly incentive bonus under this subsection shall be:
      1. Two thousand five hundred dollars ($2,500) for a person who at the time of receiving the bonus is employed full-time in a public school, including an open-enrollment public charter school, that is not a high-poverty school or a high-poverty charter school;
      2. Five thousand dollars ($5,000) for a person who at the time of receiving the bonus is employed full-time in a high-poverty school that is not in a high-poverty district; or
      3. Ten thousand dollars ($10,000) for a person who at the time of receiving the bonus is employed full-time in a:
        1. High-poverty school in a high-poverty district; or
        2. High-poverty charter school.
    3. A yearly incentive bonus under this subsection shall be limited as follows:
      1. A person shall not receive a two thousand five hundred dollar ($2,500) bonus under subdivision (e)(2)(A) of this section in more than five (5) school years;
      2. A person shall not receive a five thousand dollar ($5,000) bonus under subdivision (e)(2)(B) of this section in more than five (5) school years;
      3. A person shall not receive a ten thousand dollar ($10,000) bonus under subdivision (e)(2)(C) of this section in more than ten (10) school years;
      4. A person shall not receive any yearly incentive bonus under this subsection in more than ten (10) school years;
      5. A person shall not receive in the same school year more than one (1) yearly incentive bonus under subdivision (e)(2) of this section; and
        1. A person shall not receive in the same school year both a bonus under this subsection and a bonus under subsection (a) of this section.
        2. A person who, as of December 1, 2017, meets the qualifications for a yearly incentive bonus under both this subsection and subsection (a) of this section may make an irrevocable election to receive future yearly incentive bonuses under this subsection by filing a written election with the division no later than July 1, 2019.
  1. As used in this section:
    1. “High-poverty charter school” means an Arkansas open-enrollment public charter school in which seventy percent (70%) or greater of the previous school year's enrolled students are national school lunch students as defined in § 6-20-2303;
    2. “High-poverty district” means an Arkansas public school district in which seventy percent (70%) or greater of the previous school year's enrolled students are national school lunch students as defined in § 6-20-2303;
    3. “High-poverty school” means an Arkansas public school in which seventy percent (70%) or greater of the previous school year's enrolled students are national school lunch students as defined in § 6-20-2303; and
      1. “Instructional leader” means a building-level administrator who is responsible for evaluating teachers or instructional staff.
      2. “Instructional leader” includes without limitation a building-level administrator who is an evaluator as defined in § 6-17-2803.

History. Acts 1997, No. 1225, § 2; 1999, No. 58, § 1; 2001, No. 1060, § 2; 2003, No. 1803, § 1; 2005, No. 1187, § 1; 2009, No. 1326, § 1; 2009, No. 1449, §§ 1-4; 2011, No. 1035, §§ 1, 2; 2017, No. 937, §§ 1-3; 2019, No. 315, §§ 229, 230; 2019, No. 910, §§ 1397-1404.

Amendments. The 2009 amendment by No. 1326 added (c)(2).

The 2009 amendment by No. 1449 inserted (a)(3)(A)(iv) (b) and (a)(3)(B)(ii); substituted “five thousand dollars ($5,000)” for “two thousand dollars ($2,000)” in (a)(3)(B)(i); inserted “in an Arkansas public school district or teacher in an accredited teacher preparation program at a state-supported institution of higher education” in the introductory language of (a)(3)(F); and inserted “and does not teach in an accredited teacher preparation program” in (a)(3)(F)(iii); inserted “or building-level assistant principal” in (b)(1); substituted “three (3)” for “two (2)” in (b)(1), (b)(2), and (b)(4); and made related and minor stylistic changes.

The 2011 amendment added “Bonuses” to the end of the section heading; deleted “certified” preceding “speech-language” in (d)(1); substituted “By December 1 of each year” for “Beginning with the 2005-2006 school year and each school year thereafter” in (d)(2); and added (d)(5).

The 2017 amendment rewrote the introductory language of (a)(3)(A); substituted “Has begun the certification process or has received certification or recertification of the national board before January 1, 2018” for “Receives certification of the national board” in (a)(3)(A)(iii); in (a)(3)(B)(i) and (ii), inserted “on or before January 1, 2017” and substituted “no more than ten (10) school years” for “the life of the certificate of the national board”; added “of this section” at the end of (a)(3)(B)(ii); deleted former (a)(3)(C); and added (e) and (f).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (a)(2)(A) and (a)(4).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1)(A); and substituted “division” for “department” throughout the section.

6-17-414. Criminal records check as a condition for initial employment of nonlicensed personnel — Definitions.

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

History. Acts 1997, No. 1314, § 1; 2003, No. 42, § 2; 2003, No. 1087, § 10; 2003, No. 1387, § 1; 2003 (2nd Ex. Sess.), No. 103, § 1; 2005, No. 2151, § 7; 2007, No. 823, § 1; 2007, No. 1573, § 24; 2009, No. 376, § 25; 2009, No. 1173, §§ 13-17; 2011, No. 984, § 2; 2013, No. 455, § 3; 2015, No. 1089, §§ 8-11; 2015, No. 1263, § 21; 2017, No. 367, § 8; 2017, No. 664, § 4; 2017, No. 746, §§ 5-9; 2019, No. 536, §§ 5-9; 2019, No. 910, §§ 1405-1414.

Amendments. The 2009 amendment by No. 376 inserted “and aggravated residential burglary as prohibited by § 5-39-204” in (b)(32).

The 2009 amendment by No. 1173 inserted (a)(3); substituted “a true report in the child maltreatment central registry or has pled” for “has pleaded” in (b); inserted “or the Department of Human Services” in (d)(1); inserted (e)(5); inserted (f)(1)(D); added (g); and made related changes.

The 2011 amendment added (a)(1)(A)(v).

The 2013 amendment substituted “educational entity” for “local school district or education service cooperative”, “school district”, and “local school district” throughout; deleted former (a)(1)(A)(v); deleted “local” preceding “school district” in (a)(1)(C)(i); inserted “subdivision (a)(1)(C)(i) of” in (a)(1)(C)(ii); substituted “The board” for “A school district” in (a)(3)(A); inserted (b)(34) through (b)(43) and redesignated the remaining subdivision accordingly; inserted “or director” following “superintendent” in (f)(1) and (f)(2); redesignated former (g)(1) as (g)(1)(A); substituted “board of directors of an educational entity” for “local school board of directors” in (g)(1)(A); added (g)(1)(B); added (g)(5), (g)(6), and (h).

The 2015 amendment by No. 1089 inserted “and the Federal Bureau of Investigation” in (a)(1)(A)(iii); deleted former (a)(1)(A)(iv); inserted designation (f)(1)(A)(i); added (f)(1)(A)(ii); and rewrote (g)(1) and (h).

The 2015 amendment by No. 1263 substituted “5-36-202” for “5-36-203” in (b)(29).

The 2017 amendment by No. 367 added (b)(45).

The 2017 amendment by No. 664 added (b)(45) [now (b)(46)].

The 2017 amendment by No. 746 added “as required under § 6-17-417” at the end of (a)(1)(A)(ii); redesignated former (a)(2) as (a)(2)(A); added (a)(2)(B) and (b)(45) [now (b)(47)]; inserted “a sealed” in (e)(2); inserted (e)(3), and redesignated the remaining subdivisions accordingly; inserted “or a third party vendor” in the introductory language of (f)(1); redesignated former (f)(1)(A)(i) as (f)(1)(A); and deleted (f)(1)(A)(ii).

The 2019 amendment by No. 536 rewrote (a)(2)(B); added “and assault in the first degree as prohibited by § 5-13-205” in (b)(5); rewrote (b)(11); added “or endangering the welfare of a minor in the second degree as prohibited by § 5-27-206” in (b)(16); deleted former (b)(17), (b)(22), and (b)(26) and redesignated the remaining subdivisions accordingly; added “and voyeurism as prohibited under § 5-16-102” in (b)(31); added (b)(45) through (b)(48); in (c), substituted “notification” for “receipt” and substituted “department, which may be provided in an electronic format” for “Department of Education”; added (e)(7); added (i); and made stylistic changes.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout the section; and substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a)(2)(A) and (d)(1).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Criminal Law, Computer Crimes, 26 U. Ark. Little Rock L. Rev. 361.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, Teachers and Other School Employees, 26 U. Ark. Little Rock L. Rev. 377.

6-17-415. Criminal records check and Child Maltreatment Central Registry check for existing nonlicensed employees.

  1. It is the clear intent of the General Assembly to authorize each public school district at its discretion to require criminal background checks and Child Maltreatment Central Registry checks of existing nonlicensed employees in the same manner and subject to the same terms and conditions as set forth in this section, and §§ 6-17-414 and 6-17-416 for newly hired nonlicensed applicants.
    1. Any school district that, by a vote of its local school district board of directors, requires criminal records background checks and Child Maltreatment Central Registry checks for existing nonlicensed employees shall pay the full cost of the criminal records background checks and Child Maltreatment Central Registry checks.
      1. Upon completion of the statewide and nationwide criminal records background checks and the Child Maltreatment Central Registry check, the Identification Bureau of the Division of Arkansas State Police or the Department of Human Services shall forward all releasable information to the Division of Elementary and Secondary Education.
      2. Within thirty (30) days of receiving all releasable information that has been forwarded by the Identification Bureau and the Department of Human Services under subdivision (b)(2)(A) of this section, the Division of Elementary and Secondary Education shall inform the board of directors of the educational entity whether or not the affected applicant is eligible for employment as provided under § 6-17-414.
    2. A public school district under subdivision (b)(1) of this section shall require that an existing nonlicensed employee complete a criminal records background check and Child Maltreatment Central Registry check at least one (1) time every five (5) years.

History. Acts 1997, No. 1314, § 2; 2009, No. 1173, § 18; 2011, No. 989, § 39; 2019, No. 1040, § 2.

Amendments. The 2009 amendment inserted “and child maltreatment central registry checks” in three places.

The 2011 amendment substituted “nonlicensed” for “noncertified” in the section head and throughout the section.

The 2019 amendment added designation (b)(1), inserted “records” preceding “background checks” in (b)(1), and added (b)(2) and (b)(3); and made stylistic changes.

6-17-416. Criminal records check and Child Maltreatment Central Registry check of employees of more than one school district.

Employees, whether new or existing, who have a contract with or work for more than one (1) school district in one (1) year shall be required to have only one (1) criminal background check and one (1) Child Maltreatment Central Registry check to satisfy the requirements of all employing school districts for that year.

History. Acts 1997, No. 1313, § 5; 1997, No. 1314, § 3; 2007, No. 1573, § 25; 2009, No. 1173, § 19.

Amendments. The 2009 amendment inserted “and Child Maltreatment Central Registry check” in the section heading; and inserted “and one (1) child maltreatment central registry check.”

6-17-417. Fingerprint or name check — Definition.

  1. As used in this section, “applicant” means a person who must apply to the Identification Bureau of the Department of Arkansas State Police for a statewide and nationwide criminal records check as a condition for a license issued by the State Board of Education or as a condition for employment by an educational entity.
  2. An educational entity that is initiating a criminal records check under § 6-17-410, § 6-17-411, § 6-17-414, or § 6-17-421 shall subscribe to and initiate both the state and federal criminal records check on the Department of Arkansas State Police online system.
  3. An individual who initiates the criminal records check shall use the online system approved by the Department of Education.
  4. Fingerprints shall be taken by any fingerprinting method approved by the Department of Arkansas State Police.
  5. In any instance where a legible set of fingerprints, as determined by the Identification Bureau of the Department of Arkansas State Police, cannot be obtained from an applicant after a minimum of two (2) attempts, the Department of Education or the educational entity shall determine eligibility for licensure or employment based on the criteria established by rules promulgated by the state board.
    1. The state may participate at the state and federal level in programs that provide notification of an arrest subsequent to an initial background check that is conducted through available governmental systems.
    2. The state may submit an applicant's fingerprints to the federal Next Generation Identification system.
    3. The fingerprints may be searched by future submissions to the Next Generation Identification system, including latent fingerprint searches.
    4. An applicant enrolled in the Next Generation Identification system is not required to re-fingerprint when a subsequent request for a state or federal criminal history background check is required if:
      1. A legible set of the applicant's fingerprints are obtained when the applicant enrolls in the Next Generation Identification system; and
      2. The applicant is subject to the Rap Back service of the Next Generation Identification system.
  6. The Identification Bureau of the Department of Arkansas State Police and the Federal Bureau of Investigation may maintain fingerprints in the Integrated Automated Fingerprint Identification System.

History. Acts 1997, No. 1272, § 1; 2005, No. 2151, § 8; 2015, No. 1089, § 12; 2017, No. 746, § 10.

Amendments. The 2015 amendment rewrote the section.

The 2017 amendment added (a), and redesignated the remaining subsections accordingly; rewrote present (d) and (e); and added (f) and (g).

6-17-418. Teacher licensure — Arkansas history requirement.

  1. A person shall not be licensed as a social studies teacher or as an elementary school teacher unless the person has successfully completed:
    1. For a person seeking a traditional first-time license, at least three (3) college-credit hours in Arkansas history at an accredited institution of higher education; or
    2. For a person seeking licensure through a nontraditional program, by reciprocity, or by adding an endorsement, documentation of the successful completion of:
      1. Three (3) college credit hours in Arkansas history at an accredited institution of higher education; or
      2. An approved learning pathway in Arkansas history offered through ArkansasIDEAS for professional development hours or professional learning credits as determined by the Division of Elementary and Secondary Education.
  2. However, social studies teachers and elementary school teachers entering Arkansas from another state shall receive a one-year nonrenewable provisional license to teach in Arkansas schools as authorized by § 6-17-403, during which time the person shall complete the Arkansas history requirement under this section.
  3. The provisions of this section are not applicable to the renewal of a license for a teacher who was licensed before March 24, 1997.

History. Acts 1997, No. 787, § 3; 2011, No. 989, § 40; 2015, No. 1090, § 7; 2019, No. 666, § 2.

Amendments. The 2011 amendment substituted “licensure” for “certification” in the section head; in (a), deleted “Beginning July 1, 2001” at the beginning and substituted “licensed” for “certified”; substituted “license” for “certificate” in (b); and substituted “the renewal of a license for a teacher who was licensed before” for “recertification of teachers certified prior to” in (c).

The 2015 amendment inserted the (a)(1) designation; in (a)(1), added “For a person seeking a traditional first-time license”, substituted “college-credit hours” for “hours of college course work”, and added “at an accredited institution of higher education”; added (a)(2); and added “during which the person shall complete the Arkansas history requirement under this section” in (b).

The 2019 amendment rewrote (a)(2)(B).

6-17-419. Expired license renewal requirements.

    1. A person who holds an Arkansas teaching license that is expired for more than one (1) year, who obtained the license before state-mandated licensure assessments were required by law and by rule for licensure, and who has less than three (3) years of teaching experience shall be allowed to renew that teaching license by:
      1. Passing the content-area assessment for the requested license;
      2. Providing evidence of the completion of the annual professional development requirement for licensure, including the professional development required under § 6-17-409; and
      3. Completing the general renewal requirements that are applicable to renewal for all other license holders.
    2. A person seeking renewal of an expired license under this section shall be entitled to a provisional license by meeting the general requirements that are applicable to all other persons seeking a provisional license.
  1. This section does not allow a person whose license was revoked under § 6-17-410 to renew his or her license.

History. Acts 2003, No. 989, § 1; 2003, No. 1570, § 1; 2005, No. 2151, § 9; 2015, No. 1090, § 8.

Amendments. The 2015 amendment rewrote (a)(1); and substituted “A person seeking renewal of an expired license under this section” for “Any person who held a valid teaching license prior to January 1, 1988” in (a)(2).

6-17-420. [Repealed.]

Publisher's Notes. This section, concerning the Professional Education, Development, Licensure, and Assessment Board, was repealed by Acts 2007, No. 846, § 2. The section was derived from Acts 2003, No. 1811, § 1.

6-17-421. Criminal records check for fraudulent acts — Definitions.

  1. For purposes of this section:
    1. “Applicant” means an individual who is applying for initial employment as a fiscal officer of an educational entity;
    2. “Educational entity” means:
      1. A school district;
      2. An open-enrollment public charter school; or
      3. An education service cooperative;
    3. “Fiscal officer” means any licensed or nonlicensed employee of an educational entity who has any right, duty, or responsibility to access funds of an educational entity in excess of five thousand dollars ($5,000), specifically including without limitation superintendents, fiscal officers, and bookkeepers; and
    4. “Fraudulent act” means an act:
      1. Performed willfully and with the specific intent to deceive or cheat for the purpose of either causing some financial loss to another or bringing about some financial gain to the actor; and
      2. For which the actor has pleaded guilty or nolo contendere or has been found guilty by any court in this state, by a court in another state, or by a federal court.
      1. Upon making application for employment in a position as a fiscal officer of an educational entity, the board of directors of the educational entity shall require the employment applicant to authorize release to the Division of Elementary and Secondary Education the results of statewide and nationwide criminal records checks by the Identification Bureau of the Division of Arkansas State Police.
      2. Unless the employing educational entity's board of directors has taken action to pay for the cost of criminal background checks required by this section, the employment applicant shall be responsible for the payment of any fee associated with the criminal records check.
      1. The criminal background check shall conform to the applicable federal standards and include the taking of the employment applicant's or currently employed fiscal officer's fingerprints.
      2. At the conclusion of the criminal records check required by this section, the Identification Bureau may maintain the fingerprints in the automated fingerprint identification system.
      1. Any information received by the Division of Elementary and Secondary Education from the Identification Bureau or the Department of Human Services pursuant to this section shall not be available for examination except by the affected applicant for employment or his or her duly authorized representative, and no record, file, or document shall be removed from the custody of the Division of Elementary and Secondary Education.
      2. Any information made available to the affected employment applicant or fiscal officer shall be information pertaining to that applicant only.
      3. Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than the background check.
    1. The Division of Elementary and Secondary Education shall promptly inform the board of directors of the educational entity whether or not the affected employment applicant is eligible for employment as provided in this subsection.
    1. No person shall be eligible for employment as a fiscal officer by an educational entity if the results of the criminal records check released to the Division of Elementary and Secondary Education by the applicant reveal that the applicant has pleaded guilty or nolo contendere to or has been found guilty of a fraudulent act but only after an opportunity for a hearing before the State Board of Education upon reasonable notice in writing.
    2. However, the board of directors of an educational entity is authorized to offer provisional employment to the affected applicant pending receipt of eligibility information from the Division of Elementary and Secondary Education.
    1. The superintendent or director of an educational entity shall report to the state board the name of any fiscal officer who is currently employed or was employed during the two (2) previous school years by the educational entity who has pleaded guilty or nolo contendere to or has been found guilty of a fraudulent act.
    2. A superintendent or director who knowingly fails to report information as required by this subsection may be subject to sanctions imposed by the state board.
  2. A prosecuting attorney who prosecutes a person who he or she knows is an educational entity employee in a case in which the employee has pleaded guilty or nolo contendere to or has been found guilty of a fraudulent act shall report the name of the employee and the nature of the crime to the educational entity in which the person is employed and to the state board.
  3. An educational entity shall dismiss from employment a fiscal officer who pleads guilty or nolo contendere to or has been found guilty of a fraudulent act but only after the fiscal officer has an opportunity for a hearing before the state board upon reasonable notice in writing.
    1. The state board shall be entitled to consider:
      1. The age of the fiscal officer at the time the criminal act occurred;
      2. The length of time since the conviction;
      3. Whether the fiscal officer has pleaded guilty or nolo contendere to or has been found guilty of any other criminal violation since the original conviction;
      4. Whether the original conviction was expunged or pardoned; and
      5. Any other relevant facts.
    2. The state board after conducting a hearing and issuing a decision in writing may determine not to prevent the employment or not to require the termination of employment of the fiscal officer as required in subsections (c) and (f) of this section.

History. Acts 2003 (2nd Ex. Sess.), No. 82, § 1; 2005, No. 2151, § 10; 2011, No. 989, § 41; 2013, No. 455, § 4; 2019, No. 910, §§ 1415-1418.

Amendments. The 2011 amendment substituted “licensed or classified” for “certified or noncertified” in (a)(2).

The 2013 amendment substituted “educational entity” for “local school district or education service cooperative”, “school district”, and “local school district” throughout; inserted (a)(2) and redesignated the remaining subdivisions accordingly; rewrote present (a)(3); inserted “or director” following “superintendent” in (d)(1) and (d)(2); in (e), substituted “an educational entity employee” for “a school employee” and “employee has” for “school employee has”; and, in (f), substituted “An educational entity shall dismiss from employment a” for “A”, deleted “shall be dismissed from employment with the school district”, and inserted “the fiscal officer has”.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout (b) and (c); and substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (b)(1)(A) and (b)(3)(A).

6-17-422. Professional Licensure Standards Board.

  1. There is established the Professional Licensure Standards Board.
    1. The Professional Licensure Standards Board shall consist of twenty (20) members appointed by the State Board of Education as follows:
      1. The Commissioner of Elementary and Secondary Education or his or her designee, who shall serve as a nonvoting member;
      2. The Director of the Division of Child Care and Early Childhood Education or his or her designee, who shall serve as a nonvoting member;
        1. Four (4) public school classroom teachers with valid Arkansas teaching licenses who are recommended by the Arkansas Education Association, and who teach at:
          1. A licensure level of birth to kindergarten;
          2. A licensure level of kindergarten through grade six (K-6);
          3. A licensure level of grades four through eight (4-8); and
          4. A licensure level of grades seven through twelve (7-12); and
        2. Two (2) public school classroom teachers with valid Arkansas teaching licenses who:
          1. Are recommended by the Arkansas State Teachers Association; and
          2. Teach at any licensure level;
        1. Four (4) persons with valid Arkansas teaching and administrator's licenses who are recommended by the Arkansas Association of Educational Administrators.
          1. One (1) person shall hold a building-level administrator's license and serve as a middle-level building administrator.
          2. Two (2) persons shall be public school superintendents with valid Arkansas teaching and district-level administrator's licenses recommended by the Arkansas Association of Educational Administrators.
          3. One (1) person shall be a public school administrator with a valid Arkansas teaching and building-level or district-level administrator's license recommended by the Arkansas Association of School Personnel Administrators;
      3. One (1) nonvoting representative designated by the Division of Elementary and Secondary Education from its Human Resources, Educator Effectiveness and Licensure Division recommended by the commissioner;
        1. Three (3) deans of education from Arkansas institutions of higher education recommended by the Arkansas Association of Colleges for Teacher Education.
          1. One (1) dean shall be from a private institution of higher education.
          2. One (1) dean shall be from a public institution of higher education.
          3. One (1) dean shall have knowledge of licensure issues;
      4. One (1) coordinator of educational leadership recommended by the Arkansas Professors of Educational Administration;
      5. One (1) person with a valid curriculum/program administrator's license recommended by the Arkansas Association for Supervision and Curriculum Development;
      6. One (1) teacher or administrator recommended by the Arkansas Public School Resource Center, Inc., who is currently employed under a waiver from licensure as a teacher of record or an administrator; and
      7. One (1) public school administrator with a valid Arkansas teaching and building-level or district-level administrator's license recommended by the Arkansas Rural Ed Association.
      1. The voting members of the Professional Licensure Standards Board shall elect annually one (1) of the voting members to serve as chair for one (1) year.
        1. The chair shall serve as a nonvoting member during his or her term as chair.
        2. However, the chair may vote in the case of a tie.
    1. The State Board of Education shall consider all recommendations under subdivision (b)(1) of this section submitted to the secretary of the State Board of Education by June 30 of each year in which the term of a Professional Licensure Standards Board member expires.
    2. If a recommendation for a person qualified to fill a position on the Professional Licensure Standards Board is not received by the deadline, the State Board of Education may appoint any qualified person to fill the position.
    3. If the membership of the Professional Licensure Standards Board is changed by law, the affected positions will be filled as follows:
      1. When the qualifications for a sitting member's position are changed during the member's term, the member shall complete his or her term and the new qualifications shall apply at the expiration of the member's term; and
      2. If a new position on the Professional Licensure Standards Board is created, the State Board of Education shall appoint a qualified person to fill the new position as soon as practicable.
      1. Each member of the Professional Licensure Standards Board shall serve a term of three (3) years.
      2. The initial members shall draw lots for staggered terms.
    1. The State Board of Education shall appoint any qualified person to fill a position that is vacated before the expiration of a member's term.
  2. The appointed members of the Professional Licensure Standards Board shall be residents of this state at the time of appointment and throughout their terms.
    1. The Professional Licensure Standards Board shall meet at times and places the chair deems necessary, but no meetings shall be held outside of this state.
    2. A majority of the members of the Professional Licensure Standards Board shall constitute a quorum for the purpose of transacting business.
    3. All action of the Professional Licensure Standards Board shall be by a majority vote of the full membership of the Professional Licensure Standards Board.
    1. Members of the Professional Licensure Standards Board shall serve without pay.
    2. Members of the Professional Licensure Standards Board may receive expense reimbursement in accordance with § 25-16-902, to be paid by the Division of Elementary and Secondary Education to the extent money is available for that purpose.
  3. The Professional Licensure Standards Board shall:
    1. Develop and recommend for adoption to the State Board of Education minimum college level preparatory and grade point average requirements for all teachers applying for licensure, that shall include minimum requirements for:
      1. Course of study;
      2. Program approval;
      3. Range of approved hours; and
      4. In-class teaching internships or practice teaching hours;
      1. With the assistance of the Division of Elementary and Secondary Education and the Division of Higher Education, develop a system for the annual reporting and review of educator preparation program quality.
      2. The system may include without limitation:
        1. Data reporting and analysis on:
          1. Program graduate employment outcomes;
          2. Survey outcomes; and
          3. Public school student learning outcomes;
        2. Accreditation or state approval; and
        3. Program quality ratings;
        1. Establish a code of ethics for administrators and teachers, including those employed under a waiver from licensure as a teacher of record or as an administrator, in educational environments for students in prekindergarten through grade twelve (preK-12), including procedures and recommendations for enforcement as provided in this subdivision (h)(3).
        2. For educators employed under a waiver from licensure as a teacher of record or as an administrator, the procedures and recommendations for enforcement shall consist of procedures and public notifications equivalent to the levels of recommended sanctions for licensed educators.
      1. Upon the approval of the code of ethics, procedures, and recommendations for enforcement required by this subdivision (h)(3):
        1. The valid Arkansas teaching license of any person shall be subject to the conditions, requirements, and mandates of the code of ethics, procedures, and recommendations for enforcement; and
        2. For an educator employed under a waiver from licensure as a teacher of record or as an administrator, the educator shall be subject to the conditions, requirements, and mandates of the code of ethics, procedures, and recommendations for enforcement, including the public notifications under subdivision (h)(3)(A)(ii) of this section.
        1. The Professional Licensure Standards Board may recommend to the State Board of Education, and the State Board of Education may approve the monetary fees to be paid by a person for the issuance, reissuance, fine, or penalty associated with the process, procedures, or enforcement of requirements necessary to issue or maintain an Arkansas teaching license.
        2. Under no circumstances shall any one (1) specific fee or fine exceed five hundred dollars ($500).
        3. Revenue collected by the State Board of Education from the fees and fines under this subdivision (h)(3)(C) shall be used for the operation of the Professional Licensure Standards Board; and
      1. Adopt rules requiring a student admitted to a teacher education program offered by an institution of higher education in the state to:
        1. Apply to the Identification Bureau for a statewide and nationwide criminal records check, to be conducted by the Division of Arkansas State Police and the Federal Bureau of Investigation; and
        2. Request through the Division of Elementary and Secondary Education a Child Maltreatment Central Registry check to be conducted by the Department of Human Services.
      2. The criminal records check and Child Maltreatment Central Registry check shall conform to the requirements and procedures of § 6-17-410 and applicable federal standards.
      3. The rules shall not require an institution of higher education to bar a student from enrollment due to a disqualifying criminal conviction or a true report in the Child Maltreatment Central Registry.

History. Acts 2007, No. 846, § 3; 2009, No. 337, §§ 1-4; 2009, No. 376, §§ 26, 27; 2009, No. 938, § 1; 2011, No. 981, §§ 5, 6; 2011, No. 1045, § 1; 2013, No. 454, § 6; 2013, No. 455, § 5; 2013, No. 1070, §§ 1, 2; 2015, No. 1090, § 9; 2017, No. 564, §§ 1-4; 2019, No. 910, §§ 1419-1423.

Amendments. The 2009 amendment by No. 337 redesignated (b)(1) through (b)(7) as (b)(1)(A) through (b)(1)(G); inserted (b)(2); substituted “subdivision (b)(1)” for “subsection (b)” in (c); deleted (e)(2) and redesignated the remaining text accordingly; and inserted (h)(3)(D)(ii).

The 2009 amendment by No. 376 redesignated (b)(3), made related and minor stylistic changes; and substituted “dean” for “of whom” in (b)(5)(B)(iii).

The 2009 amendment by No. 938 added (i).

The 2011 amendment by No. 981 subdivided former (b)(2)(B) as (b)(2)(B)(i) and (ii); and deleted “by June 30, 2007, for the initial board and” preceding “by June 30 of each year” in (c)(1).

The 2011 amendment by No. 1045 deleted (h)(3)(D) through (i).

The 2013 amendment by No. 454 substituted “applying for licensure” for “applying for initial licensure or additional licensure after July 1, 2007” in the introductory language of (h)(1).

The 2013 amendment by No. 455 added (h)(4).

The 2013 amendment by No. 1070 rewrote (b)(1) and added (c)(3).

The 2015 amendment, in (h)(2)(B)(ii), substituted “seven-year cycle” for “five-year cycle” and “July 1, 2016” for “July 1, 2007”; and, in (h)(2)(B)(iii) (a) , substituted “two (2) full semesters to provide to the Department of Education for its review and approval a plan” for “one (1) semester” and added “by the end of the next full academic year following the date of the plan approval.”

The 2017 amendment substituted “twenty (20)” for “sixteen (16)” in the introductory language of (b)(1); redesignated (b)(1)(C) as (b)(1)(C)(i); added (b)(1)(C)(ii), (b)(1)(I) and (b)(1)(J); rewrote (h)(2); rewrote and redesignated former (h)(3)(A) as (h)(3)(A)(i); added (h)(3)(A)(ii); redesignated part of (h)(3)(B) as (h)(3)(B)(i); added (h)(3)(B)(ii); substituted “five hundred dollars ($500)” for “one hundred dollars ($100)” in (h)(3)(C)(ii); and made stylistic changes.

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b)(1)(A); substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(1)(E), (g)(2), (h)(2)(A), and (h)(4)(A)(ii); and substituted “Division of Higher Education” for “Department of Higher Education” in (h)(2)(A).

Meaning of “this act”. Acts 2007, No. 846, codified as § 6-17-402 and § 6-17-422.

6-17-423. Professional development after retirement.

  1. In order to maintain a valid teacher's license under § 6-17-401, a person who retires while possessing a valid teacher's license under § 6-17-401 shall not be required to complete approved professional development required by rule of the State Board of Education.
    1. A person who retires while possessing a valid teacher's license under § 6-17-401 and returns to a licensed employment position with a public school district shall complete within the school year of the return to employment the professional development required for the year in which the person returns to licensed employment.
    2. The person shall complete all professional development required during his or her licensed employment.
  2. A retired teacher whose license has expired may renew his or her license upon completion of the professional development required for the year in which the person applies for license renewal.

History. Acts 2007, No. 628, § 1; 2011, No. 989, § 42; 2013, No. 1073, § 24.

Amendments. The 2011 amendment substituted “licensed” for “certified” in (b)(1) and (2).

The 2013 amendment inserted “may renew his or her license upon completion of the professional development required for the year in which the person applies for license renewal” in (c) and deleted former (c)(1) and (2).

6-17-424. Administrator licensure for counselors — Eligibility.

  1. A school counselor is an eligible candidate for an initial administrator license if the school counselor:
    1. Holds a current standard teaching license;
    2. Has a minimum of four (4) years' experience as a school counselor;
    3. Holds a graduate degree from a regionally accredited institution of higher education; and
    4. Completes the appropriate program of study for an initial administrator license.
  2. The Division of Elementary and Secondary Education shall promulgate the rules necessary to implement this section.

History. Acts 2009, No. 733, § 1; 2019, No. 910, § 1424.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b).

6-17-425. Subpoena powers.

    1. The following boards shall have the power to issue subpoenas and bring before the board as a witness any person in this state:
      1. Professional Licensure Standards Board, § 6-17-422; and
      2. State Board of Education, § 6-11-101 et seq.
    2. The Professional Licensure Standards Board or the State Board of Education shall by rule provide for the issuance of a subpoena upon the request of a party to a proceeding pending before the Professional Licensure Standards Board or the State Board of Education or at the request of the Professional Licensure Standards Board or the State Board of Education.
    3. The subpoena shall:
      1. Be in the name of either the Professional Licensure Standards Board or the State Board of Education;
      2. State the name of the board hearing the proceeding and the name of the proceeding; and
        1. Command each person to whom it is directed to give testimony at the time and place specified in the subpoena in one (1) of the following ways:
          1. In person;
          2. Before a certified court reporter under oath at the place of the witness's residence or employment;
          3. By videotaped deposition at the place of the witness's residence or employment; or
          4. By live video communications from the witness's residence, place of employment, or a nearby facility capable of providing video transmission to the board hearing the proceeding that has subpoenaed the witness.
        2. The manner of providing testimony under the subpoena shall be conducted by video conference testimony unless another manner is agreed upon by the board hearing the proceeding and the person who is the subject of the subpoena.
    4. The subpoena may require the witness to bring with him or her any book, writing, or other thing under his or her control that he or she is bound by law to produce in evidence.
    5. Service of the subpoena shall be in the manner as provided by law or rule for the service of subpoenas in civil cases.
    1. A witness who has been served by subpoena under this section and who appears in person to testify at the trial or case pending before the Professional Licensure Standards Board or the State Board of Education shall be reimbursed for travel and attendance as provided by law.
    2. If a witness is served with a subpoena under this section and fails to provide testimony in obedience to the subpoena, the Professional Licensure Standards Board or the State Board of Education may apply to the circuit court of the county in which the Professional Licensure Standards Board or the State Board of Education is holding the proceeding for an order causing the arrest of the witness and directing that the witness be brought before the court.
    3. The court shall have the power to punish the disobedient witness for contempt as provided by the Arkansas Rules of Civil Procedure.
    4. A witness who has been served with a subpoena under this section may challenge the validity of the subpoena in the circuit court of the county in which the witness resides or is employed.

History. Acts 2009, No. 1283, § 1; 2013, No. 1138, § 34.

Amendments. The 2013 amendment substituted “hearing the proceeding” for “or commission” in (a)(3)(C)(ii).

6-17-426. Repeat audit findings — Review by the Professional Licensure Standards Board.

    1. The Legislative Joint Auditing Committee may refer an audit report of a school district to the Division of Elementary and Secondary Education if:
      1. The audit report of the school district identifies a substantial issue of noncompliance with state or federal financial reporting requirements or other state or federal law or regulation; and
      2. The same issue is identified in two (2) consecutive audit reports.
    2. The division shall submit the audit report referred in subdivision (a)(1) of this section to the Professional Licensure Standards Board in forms approved by the division.
  1. The board shall investigate any referrals made by the Legislative Joint Auditing Committee under its investigative procedures.
  2. No later than July 1 of each year, the board shall report on the disposition of all referrals made to the board by the Legislative Joint Auditing Committee.

History. Acts 2009, No. 1370, § 1; 2019, No. 910, §§ 1425, 1426.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “division” for “department” twice in (a)(2).

6-17-427. Superintendent license — Superintendent mentoring program required.

    1. The Division of Elementary and Secondary Education shall develop and sponsor a superintendent mentoring program for first-year superintendents that includes without limitation:
      1. Curriculum and instruction;
      2. Ethics;
      3. Facilities;
      4. Human resources;
      5. Leadership;
      6. School funding; and
      7. Technology.
    2. The division shall incorporate all training that is currently required for first-year superintendents into the superintendent mentoring program.
    3. The State Board of Education shall establish rules to implement the superintendent mentoring program.
  1. Beginning with the 2011-2012 school year, a first-year Arkansas superintendent shall complete the superintendent mentoring program within twelve (12) months of obtaining or maintaining employment as a superintendent to maintain his or her superintendent's license.
  2. This section is subject to the appropriation and availability of funding.

History. Acts 2011, No. 586, § 1; 2019, No. 910, § 1427.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (a)(1); and substituted “division” for “department” in (a)(2).

6-17-428. Ethical violations — Definitions.

  1. As used in this section:
    1. “Code of ethics” means the code of ethics for educators established by the Professional Licensure Standards Board under § 6-17-422;
    2. “Educator” means, at the time of the alleged violation:
      1. A person holding a valid Arkansas standard teaching license, ancillary license, provisional license, technical permit, or administrator's license issued by the State Board of Education, even if the license expires during the pendency of the ethics complaint process;
      2. A preservice teacher;
      3. An individual employed under a waiver from licensure as a teacher of record or as an administrator; or
      4. A person employed under an emergency teaching permit;
      1. “Ethical violation” means an act or omission on the part of an educator when the educator knew or reasonably should have known that the act or omission was in violation of the code of ethics.
      2. “Ethical violation” does not include:
        1. A reasonable mistake made in good faith;
        2. An act or omission undertaken in accordance with the reasonable instructions of a supervisor; or
        3. An act or omission under circumstances in which the educator had a reasonable belief that failure to follow the instructions of a supervisor would result in an adverse job action against the educator;
    3. “Ethics complaint” means a document that:
      1. States facts constituting an alleged ethical violation of the code of ethics; and
      2. Is signed under penalty of perjury by the person filing the ethics complaint; and
    4. “Preservice teacher” means an unlicensed person who is enrolled as a student in an educator preparation program.
    1. The Professional Licensure Standards Board shall:
      1. Establish procedures for:
        1. Receiving and investigating an ethics complaint;
        2. Enforcing the code of ethics;
        3. Granting and conducting hearings under this section; and
        4. Publicizing notifications equivalent to the recommendations for enforcement of the code of ethics;
      2. Make recommendations for enforcement of the code of ethics;
      3. Develop public notifications equivalent to the recommendations for enforcement of the code of ethics; and
      4. Establish an ethics subcommittee of the Professional Licensure Standards Board with equal representation of public school teachers and administrators as well as one (1) member from any other category of representation on the Professional Licensure Standards Board.
    2. All rules, procedures, hearings, and appeals relating to the code of ethics complaints under this section shall be promulgated and implemented under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
    1. The ethics subcommittee of the Professional Licensure Standards Board shall:
        1. Receive and investigate ethics complaints.
        2. The ethics subcommittee shall not accept a facsimile or electronic signature on a complaint form but shall require that a complaint form bear the original signature of the complainant;
      1. Enforce the code of ethics by:
        1. Making a recommendation to the State Board of Education for:
          1. A written warning, a written reprimand, or the written placement of conditions or restrictions on the activities of the educator; or
          2. The revocation, suspension, probation, nonrenewal, or denial of a license issued by the State Board of Education; or
        2. Issuing a private letter of caution; and
      2. Dismiss an ethics complaint if it finds there is no ethics violation.
    2. For a preservice teacher assigned to a public school as a student intern in a supervised field experience or supervised clinical experience, a sanction adopted by the State Board of Education may be imposed on a license when it is issued to a preservice teacher.
    3. The ethics subcommittee may appoint or contract for one (1) or more persons to conduct evidentiary hearings.
    4. The State Board of Education may make an informal disposition of the ethical violation by stipulation, settlement, consent order, or default.
  2. An ethics complaint may be filed with the Professional Licensure Standards Board by any person through:
    1. The Division of Elementary and Secondary Education;
    2. A public school district; or
    3. A public school superintendent.
    1. The ethics subcommittee shall investigate an ethics complaint that it determines is credible.
    2. Following an interview conducted as part of an investigation of an ethics complaint, the investigator shall place in the investigation file a written report of the interview.
    1. Within ten (10) business days of authorizing an ethics complaint investigation, the ethics subcommittee shall provide to the educator under investigation:
      1. Written notice of the investigation and the nature of the alleged ethical violation; and
      2. A copy of:
        1. The documents and evidence provided by the complainant concerning the facts alleged in the ethics complaint;
        2. Provisions of this section or other state statutory law applicable to an ethical violation under this section; and
        3. The applicable rules in effect at the time the ethics complaint is filed.
    2. Upon the completion of the investigation and before an initial consideration of the investigation, the ethics subcommittee shall provide to the educator:
      1. A copy of the documents and evidence concerning the investigation of the ethics complaint; and
      2. Written notice that the ethics subcommittee will consider taking an action against the educator.
    1. Within thirty (30) calendar days after an educator receives the notice, documentation, and evidence from the ethics subcommittee under subsection (f) of this section, the educator may respond to the ethics complaint in writing.
    2. The ethics subcommittee may permit additional time for a response.
    1. Upon receipt of the results of the investigation and any written response from the educator who is the subject of the ethics complaint, the ethics subcommittee shall issue an initial decision and provide notice of the initial decision to the educator.
    2. Within thirty (30) days of receiving notice of the initial decision, if the educator disagrees with the initial decision, the educator may request an evidentiary hearing in the manner specified in the rules of the Professional Licensure Standards Board.
    1. Upon receipt of a request for a hearing, the ethics subcommittee shall grant and conduct a hearing in accordance with its rules.
    2. The educator and the Professional Licensure Standards Board may be represented by representatives of their choosing.
  3. Within ten (10) business days of the ethics subcommittee's taking action following a hearing, the ethics subcommittee shall provide to the educator under investigation a written notice of the action.
  4. The ethics subcommittee shall complete its investigation of an ethics complaint and take action:
    1. Within one hundred fifty (150) days of authorizing the investigation of the ethics complaint; or
    2. If a hearing is conducted, within one hundred eighty (180) days of authorizing the investigation of the ethics complaint.
  5. The time limitations imposed under this section may be waived when reasonable under certain circumstances, including without limitation inclement weather, state or national emergencies, or other unforeseeable events by the:
    1. Educator if the time limitation is imposed upon the ethics subcommittee; or
    2. Ethics subcommittee if the time limitation is imposed upon the educator.
  6. Except as provided in subsection (o) of this section, all records and all hearings, meetings, and deliberations of the Professional Licensure Standards Board and the ethics subcommittee relating to an ethics complaint are confidential and exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq.
  7. All records pertaining to an ethics complaint shall be open for inspection and copying by the educator against whom the ethics complaint is lodged, unless otherwise prohibited by state or federal law.
    1. A hearing under this section before the State Board of Education on a recommendation of the ethics subcommittee for enforcement of the code of ethics is a public hearing.
    2. All records upon which the State Board of Education relies at a hearing under this subsection to make its decision are subject to public disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.
    1. As used in this subsection:
      1. “Acted upon” means that the State Board of Education has taken an action to address an ethics complaint by revoking, suspending, or imposing another sanction upon an educator's license;
      2. “School hiring officer” means the person designated by a school who is responsible for hiring or making final recommendations for the hiring of an educator who holds an Arkansas teaching or administrator's license;
      3. “Sexual abuse” has the same meaning as given to the term in § 12-18-103(20)(D) as it applies to a caretaker but shall include a victim who is eighteen (18) years of age or older and is still a student; and
      4. “Student” means a person who is enrolled in a public or private school in any level from prekindergarten through grade twelve (preK-12).
    2. The code of ethics shall include without limitation the following provisions:
      1. A standard that an educator maintains a professional relationship with each student, both in and outside the classroom;
      2. An educator in a supervisory role in an Arkansas school shall file an ethics complaint if he or she observes or has reasonable cause to suspect that an educator has violated the standard in subdivision (p)(2)(A) of this section involving the sexual abuse of a student; and
      3. The failure to submit an ethics complaint under subdivision (p)(2)(B) of this section is a violation of the code of ethics.
        1. The division shall establish and maintain a website providing a school hiring officer with the ability to determine if the State Board of Education has acted upon an ethics complaint concerning a violation of the standard in subdivision (p)(2)(A) of this section involving the sexual abuse of a student by an applicant for employment who holds an Arkansas teaching or administrator's license or an individual intending to be employed under a waiver from licensure as a teacher of record or as an administrator.
        2. The website shall identify the action taken on the ethics complaint.
      1. Before an educator who holds an Arkansas teaching license or administrator's license or an individual intending to be employed under a waiver from licensure as a teacher of record or as an administrator may be hired for employment at an Arkansas school, the school hiring officer shall check the website maintained by the division under subdivision (p)(3)(A) of this section to determine whether the State Board of Education has acted upon a violation of the standard in subdivision (p)(2)(A) of this section involving the sexual abuse of a student by the applicant.
  8. Subject to the disclosure limitations of subsections (m) and (o) of this section, the division may include on the division's public website for licensure the following information on each violation of the code of ethics by an educator whose license the State Board of Education has suspended, revoked, denied, or not renewed based on the recommendations of the ethics subcommittee:
    1. The code of ethics standard that was violated;
    2. The sanction approved by the State Board of Education; and
    3. A copy of the final order of the State Board of Education.

History. Acts 2011, No. 1045, § 2; 2013, No. 454, § 4; 2013, No. 1323, § 1; 2015, No. 1090, §§ 10-14; 2017, No. 275, § 4; 2017, No. 564, §§ 5-7; 2019, No. 475, § 1; 2019, No. 910, §§ 1428-1431.

Amendments. The 2013 amendment by No. 454 substituted “authorizing the investigation of the ethics complaint” for “receiving the ethics complaint” in (k)(2).

The 2013 amendment by No. 1323 added (p).

The 2015 amendment rewrote (a)(2); added (a)(5); inserted the (c)(1)(A)(i) designation; added (c)(1)(A)(ii); inserted “or denial” in (c)(1)(B)(i) (b) ; inserted present (c)(2) and (c)(3), and redesignated former (c)(2) as (c)(4); substituted “business days” for “calendar days” in the introductory language of (f)(1); inserted “provided by the complainant” in (f)(1)(B)(i); and added (q).

The 2017 amendment by No. 275 in the introductory language of (q), substituted “whose license” for “upon whom” and deleted “a license” following “not renewed”.

The 2017 amendment by No. 564 added (a)(2)(C), (b)(1)(A)(iv) and (b)(1)(C); redesignated former (b)(1)(C) as (b)(1)(D); in (p)(3)(A)(i), deleted “By March 1, 2014”, and added “or an individual intending to be employed under a waiver from licensure as a teacher of record or as an administrator” at the end; and, in (p)(3)(B), deleted “Beginning March 1, 2014”, and inserted “or an individual intending to be employed under a waiver from licensure as a teacher of record or as an administrator”.

The 2019 amendment by No. 475 added “at the time of the alleged violation” in the introductory language of (a)(2); added “even if the license expires during the pendency of the ethics complaint process” in (a)(2)(A); and added (a)(2)(D).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (d)(1); and substituted “division” for “department” in (p)(3)(A)(i), (p)(3)(B), and (q).

6-17-429. Right to Read Act — Definitions.

  1. This section shall be known and may be cited as the “Right to Read Act”.
      1. No later than 2023, the following shall have proficient knowledge and skills to teach reading consistent with the best practices of scientific reading instruction:
        1. A person who completes a state-approved educator preparation program; and
        2. A person seeking teacher licensure by reciprocity or by adding an endorsement.
      2. No later than 2023, a person who completes a state-approved educator preparation program other than a teacher of elementary education program shall demonstrate an awareness of the best practices of scientific reading instruction.
    1. Beginning no later than the 2022-2023 school year, each state-approved educator preparation program shall post on its website information describing its program to prepare teachers to teach reading using scientific reading instruction aligned with but not limited to the content measured by the stand-alone reading assessment adopted by the State Board of Education under § 6-17-402.
    1. Beginning with the 2018-2019 school year, a public school district and an open-enrollment public charter school shall provide the following professional development in scientific reading instruction:
      1. For teachers licensed at the elementary level in kindergarten through grade six (K-6), teachers with a special education license in kindergarten through grade twelve (K-12), and teachers licensed as reading specialists in kindergarten through grade twelve (K-12), professional development for one (1) of the prescribed pathways to obtaining a proficiency credential in knowledge and practices in scientific reading instruction; and
      2. For teachers licensed at a level other than the elementary level in kindergarten through grade six (K-6), teachers with a special education license in kindergarten through grade twelve (K-12), and teachers licensed as reading specialists in kindergarten through grade twelve (K-12), professional development for one (1) of the prescribed pathways to obtaining an awareness credential in knowledge and practices in scientific reading instruction.
    2. Beginning with the 2020-2021 school year, a public school or open-enrollment public charter school that does not provide the professional development under subdivision (c)(1) of this section shall:
      1. Be placed in probationary status; and
      2. Provide notice to parents that the public school district has not met the requirements of this section.
    1. By the beginning of the 2021-2022 school year:
      1. All teachers employed in a teaching position that requires an elementary education (K-6) license or special education (K-12) license shall demonstrate proficiency in knowledge and practices of scientific reading instruction; and
      2. All other teachers shall demonstrate awareness in knowledge and practices of scientific reading instruction.
    2. All teachers who begin employment in the 2021-2022 school year and each school year thereafter shall demonstrate proficiency or awareness in knowledge and practices in scientific reading instruction as is applicable to their teaching position by completing the prescribed proficiency or awareness in knowledge and practices of the scientific reading instruction credential either:
      1. As a condition of licensure; or
      2. Within one (1) year if the teacher is:
        1. Already licensed; or
        2. Employed under a waiver from licensure.
  2. A provider of a state-approved educator preparation program, graduate program, or alternative preparation program shall include in its annual report to the Division of Elementary and Secondary Education a description of the provider's program to prepare educators to teach reading using scientific reading instruction.
  3. By the beginning of the 2020-2021 school year, the division shall identify and create an approved list of materials, resources, and curriculum programs for public school districts and open-enrollment public charter schools that are supported by the science of reading and based on instruction that is explicit, systematic, cumulative, and diagnostic, including without limitation:
    1. Dyslexia programs that are evidence-based and:
      1. Aligned to structured literacy; or
      2. Grounded in the Orton-Gillingham methodology;
    2. Evidence-based reading intervention programs; and
    3. Evidence-based reading programs that are grounded in the science of reading.
    1. By the beginning of the 2021-2022 school year, any public school district and open-enrollment public charter school purchasing a curriculum program shall choose a curriculum program from the division's approved list of curriculum programs created under subsection (f) of this section.
    2. A public school district or open-enrollment public charter school that chooses to purchase a curriculum program that is not from the division's approved list of curriculum programs shall submit the following to the division for approval of the alternative curriculum program:
      1. A rationale for choosing the alternative curriculum program; and
      2. Evidence-based research regarding the alternative curriculum program.
  4. By the beginning of the 2019-2020 school year, a public school district and an open-enrollment public charter school shall establish a professional development program as required by § 6-15-2914(b)(1)(B) that shall:
    1. Include without limitation instruction based on the science of reading; and
    2. Be provided on an annual basis after the professional development required under subdivision (c)(1) of this section is complete.
      1. A public school district or an open-enrollment public charter school that employs an educator in violation of this section or that does not provide the professional development as required under this section shall be in violation of the Standards for Accreditation of Arkansas Public Schools and School Districts and may be placed in probationary status by the division.
      2. A public school district or an open-enrollment public charter school placed in probationary status under subdivision (i)(1)(A) of this section shall send written notification to the parents of the students in the public school district of the reason for being placed in probationary status.
    1. A provider of a state-approved educator preparation program, graduate program, or alternative preparation program that does not comply with the requirements of this section may be subject to penalties up to and including having the provider's approval status revoked.
  5. The division shall:
    1. Enforce this section; and
    2. Promulgate rules to implement this section.
  6. As used in this section:
    1. “Science of reading” means the study of the relationship between cognitive science and educational outcomes; and
    2. “Structured literacy” means an approach by which licensed personnel teach reading in an explicit, systematic, cumulative, and diagnostic manner.

History. Acts 2017, No. 1063, § 1; 2019, No. 83, §§ 3, 4; 2019, No. 910, §§ 1432, 1433.

A.C.R.C. Notes. Acts 2019, No. 83, § 1, provided: “Legislative findings. The General Assembly finds that:

“(1) The Right to Read Act, § 6-17-429, addresses the science of reading for current educators and those in an undergraduate teaching program;

“(2) If educators do not have an understanding of scientific reading instruction, many students will not receive the reading instruction necessary to read at grade level;

“(3) The percentage of Arkansas students in grade three (3) who were ‘ready’ or ‘exceeding’ in reading on the 2018 ACT Aspire test was thirty-eight percent (38%);

“(4) Dyslexia programs in Arkansas should be aligned to structured literacy as outlined by the International Dyslexia Association; and

“(5) Educators throughout the state are in the process of completing the appropriate professional development requirements with respect to the science of reading and structured literacy, but public school districts have not provided those teachers with the necessary materials and resources to implement the methods required by science of reading and structured literacy programs in their classrooms.”

Amendments. The 2019 amendment by No. 83 inserted “in kindergarten through grade six (K-6), teachers with a special education license in kindergarten through grade twelve (K-12), and teachers licensed as reading specialists in kindergarten through grade twelve (K-12)” in (c)(1)(A) and (c)(1)(B); inserted “or open-enrollment public charter school” in the introductory language of (c)(2); inserted “graduate program, or alternative preparation program” in (e); inserted (f), (g), and (h); redesignated former (f) as (i); inserted “or an open-enrollment public charter school” twice in (i)(1) and inserted “graduate program, or alternative preparation program” in (i)(2); redesignated and rewrote former (g) as (j); added (k); and updated an internal reference.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (e); and substituted “division” for “department” in (g)(1) and (g)(2).

Subchapter 5 — Arkansas Teacher Education, Certification, and Evaluation Committee

6-17-501 — 6-17-505. [Repealed.]

Publisher's Notes. This subchapter, concerning the Arkansas Teacher Education, Certification, and Evaluation Committee, was repealed by Acts 1993, No. 475, § 13. The subchapter was derived from the following sources:

6-17-501. Acts 1983 (1st Ex. Sess.), No. 110, § 1; A.S.A. 1947, § 80-1201.1.

6-17-502. Acts 1983 (1st Ex. Sess.), No. 110, §§ 2, 3; A.S.A. 1947, §§ 80-1201.2, 80-1201.3.

6-17-503. Acts 1983 (1st Ex. Sess.), No. 110, § 2; A.S.A. 1947, § 80-1201.2.

6-17-504. Acts 1983 (1st Ex. Sess.), No. 110, § 3; A.S.A. 1947, § 80-1201.3.

6-17-505. Acts 1983 (1st Ex. Sess.), No. 110, § 4; A.S.A. 1947, § 80-1201.4.

Subchapter 6 — Licensed Personnel Testing Program

Effective Dates. Acts 1985, No. 693, § 4: Mar. 28, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that the test required by Act 76 of the First Extraordinary Session of 1983 will be taken prior to the adjournment of this Regular Session; that the test scores should be held confidential; that this Act provides that such test scores shall be confidential and therefore should be given immediate effect. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 512, § 6: Apr. 1, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that a shortage of certified teachers may exist in the future; that the immediate implementation of this Act is necessary to preserve the peace, safety and health of the citizens of the State of Arkansas. Therefore, an emergency is declared to exist, and this Act being necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 112, § 40: Feb. 7, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 10 of the First Extraordinary Session of 1995 abolished the Joint Interim Committee on Education and in its place established the House Interim Committee and Senate Interim Committee on Education; that various sections of the Arkansas Code refer to the Joint Interim Committee on Education and should be corrected to refer to the House and Senate Interim Committees on Education; that this act so provides; and that this act should go into effect immediately in order to make the laws compatible as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Case Notes

Cited: Wood v. National Computer Systems, Inc., 814 F.2d 544 (8th Cir. 1987).

6-17-601. Board authority and directive.

The State Board of Education shall establish and implement a licensed personnel testing program.

History. Acts 1985, No. 350, § 1; A.S.A. 1947, § 80-1270; Acts 2011, No. 989, § 43.

Amendments. The 2011 amendment substituted “shall” for “is authorized and directed to” and “licensed” for “certified.”

Case Notes

Cited: Wood v. National Computer Sys., 643 F. Supp. 1093 (W.D. Ark. 1986).

6-17-602. Application for new licensure.

Any teacher, administrator, or other licensed person who is not eligible for renewal of the license due to failure to comply with this subchapter is eligible to apply for new licensure under initial licensure rules or other rules promulgated by the State Board of Education.

History. Acts 1985, No. 350, § 4; A.S.A. 1947, § 80-1270.3; Acts 1987, No. 512, § 4; 2011, No. 989, § 44; 2019, No. 315, § 231.

Amendments. The 2011 amendment substituted “licensure” for “certification,” “licensed” for “certified,” and “renewal of the license” for “recertification.”

The 2019 amendment substituted “rules” for “regulations” twice.

6-17-603. Reporting of test scores — Confidentiality.

    1. Scores from the tests required under this subchapter and § 6-17-402 shall not be disclosed but shall be retained by the Division of Elementary and Secondary Education as confidential records not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., or any other act that would require the disclosure thereof.
    2. However, the division shall provide each licensee with that person's test score and the grader's analysis of the writing portion of the test.
  1. The division shall transmit to the Governor and the House Committee on Education and the Senate Committee on Education a composite report indicating by county the number of persons who failed the tests and the number of persons who passed the tests.

History. Acts 1985, No. 350, § 5; 1985, No. 693, § 2; A.S.A. 1947, § 80-1270.4; Acts 1997, No. 112, § 8; 2011, No. 989, § 45; 2017, No. 416, § 3; 2019, No. 910, § 1434.

Amendments. The 2011 amendment substituted “licensed” for “certified” in (a).

The 2017 amendment redesignated former (a) as (a)(1) and (a)(2); substituted “this subchapter and § 6-17-402” for “the provisions of this subchapter” in (a)(1); and made a stylistic change.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “division” for “department” in (a)(2) and (b).

Case Notes

Purpose.

This section was intended to prohibit large-scale public access to test scores, perhaps including their publication by the media. Wood v. National Computer Systems, Inc., 814 F.2d 544 (8th Cir. 1987).

Damages.

There is no indication in this section that a private right of action for damages was being created, allowing recovery simply on a showing of a breach of confidentiality involving one other person. Wood v. National Computer Systems, Inc., 814 F.2d 544 (8th Cir. 1987).

Evidence.

Evidence held insufficient to show violation of confidentiality provisions of this section. Wood v. National Computer Systems, Inc., 814 F.2d 544 (8th Cir. 1987).

Subchapter 7 — Professional Development

Cross References. Teacher Opportunity Program, § 6-81-601 et seq.

Effective Dates. Acts 1997, No. 787, § 9: Mar. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Arkansas Code does not now require Arkansas history to be taught in the public schools in this state; that Arkansas history is not being taught in all public schools in this state; that such failure must be addressed as soon as possible; that this act establishes the mechanism to ensure that Arkansas history is taught in each public school in this state and that this act should go into effect immediately in order that it might be implemented in the 1997-98 school year. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003 (2nd Ex. Sess.), No. 83, § 2: Feb. 6, 2004. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002) declared the current system of education to be unconstitutional because it is both inequitable and inadequate; that the Arkansas Supreme Court determined that the state has an absolute duty to provide an equal opportunity to an adequate education; that requiring each school district to provide teachers with quality professional development will promote and enhance learning opportunities for students; and that this act should become effective immediately in order for school districts to implement professional development plans. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 1185, § 2: Mar. 24, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that school districts are currently entering into contracts for the professional development programs to be offered during the 2005-2006 school year; that school districts need sufficient time to plan and schedule professional development programs for certified personnel; and that this act is immediately necessary because a delay in its enactment may cause some districts to enter into unnecessary contracts for professional development programs. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 2007, § 2: Apr. 11, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that school districts are currently entering into contracts for the professional development programs to be offered during the 2005-2006 school year; that school districts need sufficient time to plan and schedule professional development programs for certified personnel; and that this act is immediately necessary because a delay in its enactment may cause some districts to enter into unnecessary contracts for professional development programs. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2006 (1st Ex. Sess.), No. 36, § 3: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court declared the public school funding system to be inadequate and that the public schools are operating under a constitutional infirmity which must be corrected immediately; and that to correct the constitutional infirmity opportunities for an adequate education should be enhanced by improving professional development options for school districts and certified personnel. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 969, § 12: Apr. 8, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state's constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the professional development of public school teachers and administrators is critical to the delivery of a constitutionally adequate education; and that this act is immediately necessary for school districts and educators to prepare for the professional development requirements needed for the 2013-2014 school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013 (1st Ex. Sess.), No. 2, § 5: July 1, 2014. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Public School Insurance Trust Fund is inadequate to provide affordable health insurance for public school employees; changes to the funding system for public school employee health insurance is necessary to ensure a stable and affordable program of health insurance plan options; and that this act is necessary to provide additional funding for public school employee health insurance. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2014.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-17-701. Program to improve reading skills.

  1. The Division of Elementary and Secondary Education is authorized and directed to develop and implement an inclusive statewide program to improve the reading skills of students in the public schools of this state.
  2. The program shall include an in-service training program to assist elementary teachers who desire or are designated as requiring special assistance in improving their skills in teaching reading and to assist elementary principals in improving their skills in the supervision and support of reading programs.
  3. The intensive in-service training in the teaching of reading provided for in this section shall be developed and implemented under the direction of reading specialists of the division and selected in-service teachers who have been identified as having been particularly successful in the teaching of reading.
  4. This training shall include, but not necessarily be limited to:
    1. Classroom observation;
    2. The use of student inventories for diagnosing reading problems;
    3. Planning instruction based on test results and classroom inventories;
    4. Reading activities to improve reading skills;
    5. Ideas for parental involvement in reading instruction; and
    6. The effective use of the teacher's time in planning for instruction in reading.
  5. Records shall be kept of the activities authorized by this section, and studies shall be conducted to determine the impact of this program on the achievement test scores of the students of teachers receiving special in-service training.
  6. Participating schools shall be required to allow the use of their teachers and principals who have received training to assist in the training of other teachers and principals.

History. Acts 1983 (1st Ex. Sess.), No. 44, §§ 1-3; A.S.A. 1947, §§ 80-1269 — 80-1269.2; Acts 2019, No. 910, §§ 1435, 1436.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” in (c).

6-17-702. Staff development sessions.

      1. A school district shall not deny licensed personnel the opportunity to attend certified instructional staff development sessions conducted by bona fide professional organizations within the state.
      2. Licensed personnel may count up to two (2) days of six (6) hours each of attendance at instructional professional development sessions conducted by bona fide professional organizations toward fulfillment of the ten (10) days of staff development required by the Standards for Accreditation of Arkansas Public Schools and School Districts, provided the sessions have been certified by the Division of Elementary and Secondary Education.
    1. The State Board of Education may promulgate rules to implement the certification process for instructional staff development sessions.
  1. This section does not authorize a school district employee to refrain from attending meetings and workshops designed to implement restructuring mandated by the Arkansas Public Education Act of 1997, § 6-15-1001 et seq.

History. Acts 1993, No. 1151, § 1; 1995, No. 663, § 1; 2009, No. 1309, § 1; 2019, No. 910, § 1437.

Amendments. The 2009 amendment rewrote the section.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1)(B).

6-17-703. Arkansas history professional development.

  1. A school district shall provide two (2) hours, or professional learning credits as determined by the Division of Elementary and Secondary Education, of substantive and meaningful professional development in Arkansas history for its teachers who provide instruction in Arkansas history according to the professional development schedule under § 6-17-709.
  2. The school district may provide the professional development:
    1. By contracting with an education service cooperative; or
    2. By using the Arkansas Online Professional Development Initiative under § 6-17-707.
  3. The professional development under this section shall count toward satisfaction of requirements for professional development in the Standards for Accreditation of Arkansas Public Schools and School Districts.

History. Acts 1997, No. 787, § 4; 2005, No. 2095, § 1; 2013, No. 969, § 3; 2019, No. 666, § 3.

Amendments. The 2013 amendment rewrote this section.

The 2019 amendment inserted “or professional learning credits as determined by the Division of Elementary and Secondary Education” in (a).

6-17-704. Professional development plan — Definition.

  1. As used in this section, “professional development” means a set of coordinated planned learning activities for teachers, administrators, and nonlicensed school employees that:
    1. Is required by statute or by the Division of Elementary and Secondary Education; or
    2. Meets the following criteria:
      1. Is part of the minimum number of professional development hours or professional learning credits as determined by the division required by law or by the division;
      2. Improves the knowledge, skills, and effectiveness of teachers;
      3. Improves the knowledge and skills of administrators and paraprofessionals concerning effective instructional strategies, methods, and skills;
      4. Leads to improved student academic achievement; and
      5. Is research-based and standards-based.
  2. The purpose of professional development is to improve teaching and learning in order to facilitate individual, school-wide, and system-wide improvements designed to ensure that all students demonstrate proficiency on state academic standards.
    1. Annually, each school district shall prepare a professional development plan.
      1. Teachers, administrators, and classified school employees shall be involved in the design, implementation, and evaluation of their respective professional development offerings under the plan.
      2. The evaluation results shall be given to each group of employees in the school district and used to improve professional development offerings.
  3. The professional development offerings may include approved conferences, workshops, institutes, individual learning, mentoring, peer-coaching, study groups, National Board for Professional Teaching Standards certification, distance learning, micro-credentialing approved by the department, internships, and college or university course work.
  4. The professional development under this section:
    1. Shall comply with the division Rules Governing Professional Development; and
    2. May provide educators with knowledge and skills needed to teach:
      1. Students with disabilities, including without limitation autism; and
      2. Culturally and linguistically diverse students.
  5. A teacher shall complete any missed hours of professional development through professional development that is:
    1. Substantially similar to the professional development missed and approved by the person responsible for the teacher's summative evaluation under the Teacher Excellence and Support System, § 6-17-2801 et seq.; and
    2. Delivered by any method, online or otherwise, approved by the division under the State Board of Education rules.
  6. Accreditation for or approval of professional development for public school teachers and administrators is governed by the rules of the state board.

History. Acts 2003 (2nd Ex. Sess.), No. 83, § 1; 2011, No. 1146, § 1; 2011, No. 1150, § 1; 2011, No. 1209, §§ 4, 5; 2013, No. 969, §§ 4-6; 2017, No. 745, § 21; 2019, No. 666, § 4; 2019, No. 910, §§ 1438-1440.

Amendments. The 2011 amendment by identical acts Nos. 1146 and 1150 added (e)(2)(P).

The 2011 amendment by No. 1209 substituted “State Board of Education” for “Department of Education” in (e)(1); and added (f) and (g).

The 2013 amendment, in (a), substituted “nonlicensed school” for “classified”, deleted “are standards-based and continuous”, and inserted (a)(1) through (a)(2)(E); substituted “Annually, each” for “Beginning with school year 2004-2005, each” in (c)(1); and rewrote (e).

The 2017 amendment inserted “micro-credentialing approved by the department” in (d).

The 2019 amendment by No. 666 inserted “or professional learning credits as determined by the division” in (a)(2)(A).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1), (e)(1), and (f)(2).

6-17-705. Professional development credit.

  1. Up to twelve (12) hours of professional development credit, or professional learning credits as determined by the Division of Elementary and Secondary Education, may be earned by licensed personnel for time required at the beginning of each school year to plan and prepare a curriculum and other instructional material for their assigned classes if the time is:
    1. Spent in their classrooms, offices, or media centers at the public school; and
    2. Before the first student-teacher interaction day of the school year, but a school district shall not require licensed personnel to work additional days that are not included in their contracts unless the licensed personnel are paid their daily rate of pay.
  2. Licensed personnel shall earn one (1) hour of professional development credit, or professional learning credits as determined by the division, for each hour of planning and preparation that meets the requirements of subsection (a) of this section.
    1. If illness of a teacher or a teacher's immediate family under § 6-17-1202 prevents a teacher from obtaining the required professional development, the teacher shall be allowed to make up the professional development missed during the:
      1. Remainder of the current school year; or
      2. Succeeding school year.
    2. The teacher may earn the professional development hours, or professional learning credits as determined by the division, through online professional development.
  3. A person who holds any license issued by the State Board of Education may obtain credit for required professional development through a micro-credentialing process approved by the division.
  4. The state board shall promulgate the rules necessary for the proper implementation of this section.

History. Acts 2005, No. 1185, § 1; 2009, No. 1309, § 2; 2011, No. 1209, § 6; 2013 (1st Ex. Sess.), No. 2, § 2; 2015, No. 1091, § 4; 2017, No. 745, § 22; 2017, No. 936, § 47; 2019, No. 666, § 5; 2019, No. 910, § 1441.

Amendments. The 2009 amendment substituted “licensed” for “certified” in (a) and (b); inserted present (c) and (d); redesignated former (c) as (e); and made minor stylistic changes in (a)(2).

The 2011 amendment substituted “learning plan under the Teacher Excellence and Support System, § 6-17-2801 et seq.” for “growth plan” in (c)(2).

The 2013 (1st Ex. Sess.) amendment substituted “up to” for “the” in the introductory language of (c) [now repealed].

The 2015 amendment substituted “growth plan” for “learning plan” in (c)(2) [now repealed].

The 2017 amendment by No. 745 inserted (e) [now (d)]; redesignated former (e) as (f) [now (e)]; and substituted “state board” for “State Board of Education” in (f) [now (e)].

The 2017 amendment by No. 936 repealed former (c).

The 2019 amendment by No. 666 inserted “or professional learning credits as determined by the Division of Elementary and Secondary Education” in the introductory language of (a); inserted “or professional learning credits as determined by the division” in (b) and (c)(2); and in (c)(1), deleted “hours” following the first occurrence of “development” and substituted the second occurrence of “professional development” for “hours”.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (d).

6-17-706. Professional development credit exemption.

  1. Licensed personnel working part time shall be exempt from one-half (½) of the professional development required under the Standards for Accreditation of Arkansas Public Schools and School Districts if they work solely in any of the following adult education programs:
    1. Adult basic education;
    2. General adult education;
    3. English as a second language for adults; or
    4. High school equivalency test examiners.
  2. The State Board of Education shall promulgate the rules necessary for the proper implementation of this section.

History. Acts 2005, No. 2007, § 1; 2011, No. 989, § 46; 2015, No. 1115, § 4; 2019, No. 666, § 6.

Amendments. The 2011 amendment substituted “Licensed” for “Certified” in (a).

The 2015 amendment substituted “High school equivalency test” for “General Educational Development Test” in (a)(4).

The 2019 amendment deleted “hours” following “development” in the introductory language of (a); and substituted “or” for “and” at the end of (a)(3).

6-17-707. Arkansas Online Professional Development Initiative.

  1. There is created the Arkansas Online Professional Development Initiative.
  2. Under the initiative, the Commissioner of Elementary and Secondary Education shall identify teacher professional development needs in the state and prioritize the needs based on the areas of professional development most needed to improve academic and teaching knowledge and skills of licensed personnel.
  3. Based on the needs and priorities identified in the assessment under subsection (b) of this section, the commissioner shall work with the Director of the Educational Television Division and local school districts to develop a statewide online professional development program that includes quality professional development courses that:
    1. Are aligned to the required focus areas identified in the State Board of Education rules governing professional development and the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.;
    2. Are aligned with the clear, specific, and challenging academic content areas as established by the Division of Elementary and Secondary Education as required under § 6-15-2906;
    3. Are aligned with the Arkansas academic standards established by the Division of Elementary and Secondary Education for each class level or subject area included in the respective professional development programs;
    4. Are research-based and available from sources with expertise in technology-delivered professional development courses;
    5. Are consistent with the Southern Regional Education Board multistate online professional development standards in existence on January 1, 2005;
    6. Focus on improving student academic achievement by improving a teacher's academic and teaching knowledge and skills; and
    7. Include an assessment at the end of the program designed to measure each licensed person's level of understanding and ability to implement or apply the information presented in the program.
      1. The Arkansas Educational Television Network shall support the delivery of the online professional development courses developed as part of the initiative to teachers and administrators in each school in each school district in the state via the internet.
      2. In addition to the online courses developed as part of the initiative, the network may continue to deliver professional development by broadcast, compressed, satellite, and face-to-face methods.
    1. The online professional development courses supported by the network or other providers shall include online registration, course evaluation, and attendance and completion documents.
    2. Any provider of technology-delivered professional development under the initiative shall demonstrate an ability to successfully deliver technology-delivered products and services.
    3. If a technology-delivered professional development course or service that has been identified as needed under the assessment in subsection (b) of this section is not available, the network or other providers shall work with the Division of Elementary and Secondary Education to develop a course or service to meet the identified need.
    1. The Division of Elementary and Secondary Education shall determine the content of and preapprove all professional development courses or programs delivered by the network that qualify for professional development credit as required by the Standards for Accreditation of Arkansas Public Schools and School Districts or teacher licensure requirements.
    2. The Division of Elementary and Secondary Education may approve professional development obtained through a micro-credentialing process.
  4. The Division of Elementary and Secondary Education shall provide the staff and resources needed to provide the quality leadership necessary to coordinate the initiative.
  5. The initiative shall include a method for the Division of Elementary and Secondary Education, the network, school districts, schools, and licensed personnel to annually evaluate the effectiveness of the initiative and its online professional development course and programs.
    1. As part of a school district support plan, the Division of Elementary and Secondary Education may include guidelines for the professional development programs to be delivered to the licensed personnel employed by a school district receiving Level 3 — Coordinated, Level 4 — Directed, or Level 5 — Intensive support.
    2. As part of the school district support plan, the Division of Elementary and Secondary Education may require the participation and completion of professional development courses or programs by licensed personnel in a school or school district as appropriate for the licensed personnel's job assignments and duties.

History. Acts 2005, No. 2318, § 1; 2006 (1st Ex. Sess.), No. 36, § 1; 2011, No. 989, §§ 47, 48; 2013, No. 1138, § 35; 2017, No. 745, § 23; 2017, No. 936, §§ 48, 49; 2019, No. 910, §§ 1442-1445.

A.C.R.C. Notes. The Board of Control for Southern Regional Education referred to in this section also uses the name Southern Regional Education Board.

Amendments. The 2011 amendment substituted “licensed” for “certified” in (c)(7) and (g) through (i); and deleted “Beginning with the 2006-2007 school year” at the beginning of (h)(1).

The 2013 amendment substituted “licensed” for “certified” in (b).

The 2017 amendment by No. 745 redesignated former (e) as (e)(1); and added (e)(2).

The 2017 amendment by No. 936 substituted “Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.” for “Arkansas Comprehensive Testing, Assessment, and Accountability Program” in (c)(1); substituted “§ 6-15-2906” for “§ 6-15-404” in (c)(2); substituted “Arkansas academic standards” for “state curriculum frameworks” in (c)(3); rewrote (h)(1); redesignated (h)(2)(A) as (h)(2); substituted “school district support” for “school improvement” in (h)(2); deleted (h)(2)(B) and (i); and made a stylistic change.

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b); and substituted “Division of Elementary and Secondary Education” for “Department of Education” and “division” for “department” throughout the section.

6-17-708. Teen suicide awareness and prevention professional development.

    1. The Division of Elementary and Secondary Education shall require two (2) hours of professional development, or professional learning credits as determined by the division, in teen suicide awareness and prevention for licensed public school personnel according to the professional development schedule under § 6-17-709.
    2. The professional development under this section may be accomplished through self-review of suitable suicide prevention materials approved by the division.
  1. The professional development under this section shall count toward the satisfaction of requirements for professional development in the Standards for Accreditation of Arkansas Public Schools and School Districts and for licensure requirements for licensed personnel.

History. Acts 2011, No. 770, § 1; 2013, No. 969, § 7; 2019, No. 666, § 7; 2019, No. 910, § 1446.

Amendments. The 2013 amendment rewrote (a)(1); and substituted “professional development” for “in-service training” in (a)(2) and (b).

The 2019 amendment by No. 666 inserted “or professional learning credits as determined by the division” in (a)(1).

The 2019 amendment by No. 910 substituted “The Division of Elementary and Secondary Education” for “The Department of Education” in (a)(1); and substituted “division” for “department” in (a)(2).

6-17-709. Professional development schedule.

  1. Beginning with the 2013-2014 school year, a school district or an open-enrollment public charter school shall make available to the appropriate licensed personnel the following professional development:
    1. In the 2013-2014 school year and every fourth school year thereafter, the professional development for mandated reporters and licensed elementary and secondary public school personnel required under § 6-61-133;
    2. In the 2014-2015 school year and every fourth school year thereafter, the family and community engagement professional development under § 6-15-1703;
    3. In the 2015-2016 school year and every fourth school year thereafter, the teen suicide awareness and prevention professional development required under § 6-17-708; and
    4. In the 2016-2017 school year and every fourth school year thereafter, the Arkansas history professional development required under § 6-17-703.
    1. Two (2) hours of the professional development, or professional learning credit as determined by the Division of Elementary and Secondary Education, required by subsection (a) of this section shall be counted in one (1) school year toward the professional development required for licensed educators under the Division of Elementary and Secondary Education Rules Governing Professional Development.
    2. If additional hours or professional learning credits are obtained by a licensed educator, the school district may count those hours or credits as part of the professional development required for licensed educators under the Division of Elementary and Secondary Education Rules Governing Professional Development.
  2. Annually, the State Board of Education may require up to six (6) hours of integrated professional development, or professional learning credits determined by the Division of Elementary and Secondary Education, for licensed educators in educational technology.
  3. The Division of Elementary and Secondary Education shall establish the curriculum under this section in collaboration with educational agencies and associations, including without limitation the:
    1. Division of Higher Education;
    2. Arkansas Association of Educational Administrators;
    3. Arkansas Education Association;
    4. Arkansas School Boards Association;
    5. Arkansas Association for Supervision and Curriculum Development;
    6. Arkansas State Teachers Association; and
    7. Arkansas Rural Ed Association.
    1. The professional development under this subsection shall not be provided by a school district but shall be provided by:
      1. The Division of Elementary and Secondary Education;
      2. An institution of higher education; or
      3. Providers approved by the Division of Elementary and Secondary Education.
      1. Before a person receives a building level administrator's license, the person shall successfully complete the teacher evaluation professional development program.
      2. A person who receives an initial building level administrator's license shall complete the certification assessment for the teacher evaluation professional development program before or after receiving the initial building level administrator's license.
      1. The Division of Elementary and Secondary Education shall not issue an initial teaching license until the applicant verifies that he or she has obtained the required professional development concerning:
        1. Mandated reporters under § 6-61-133;
        2. Family and community engagement under § 6-15-1703;
        3. Teen suicide awareness and prevention under § 6-17-708;
        4. Arkansas history under § 6-17-703; and
        5. Human trafficking under § 6-17-710.
      2. For a teaching license issued under the state's reciprocity provisions to an out-of-state teacher, the Division of Elementary and Secondary Education shall issue a provisional license until the licensee obtains the professional development identified in subdivision (e)(3)(A) of this section.

History. Acts 2013, No. 969, § 8; 2019, No. 666, §§ 8-11; 2019, No. 910, §§ 1447-1452.

Amendments. The 2019 amendment by No. 666 substituted “family and community engagement” for “parental involvement” in (a)(2); in (b)(1), inserted “or professional learning credit as determined by the Division of Elementary and Secondary Education” and deleted “minimum number of hours of” following “toward the”; in (b)(2), inserted “or professional learning credits”, inserted “or credits”, and deleted “minimum number of hours of” following “part of the”; in (c), inserted “or professional learning credits determined by the Division of Elementary and Secondary Education”; in (e)(3)(A)(ii), substituted “Family and community engagement” for “Parental involvement”; added (e)(3)(A)(v); and made a stylistic change.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout the section; and substituted “Division of Higher Education” for “Department of Higher Education” in (d)(1).

6-17-710. Human trafficking professional development.

  1. Each year, a school district shall make available to licensed personnel thirty (30) minutes of professional development, or professional learning credit as determined by the Division of Elementary and Secondary Education, on:
    1. Recognizing the warning signs that a child is a victim of human trafficking; and
    2. Reporting a suspicion that a child is a victim of human trafficking.
  2. The Division of Elementary and Secondary Education or another person, firm, or corporation designated by the division shall develop and administer the professional development under subsection (a) of this section.
  3. The professional development under this section shall count toward the satisfaction of requirements for professional development in the Standards for Accreditation of Arkansas Public Schools and School Districts and for licensure requirements for licensed personnel.

History. Acts 2017, No. 765, § 3; 2019, No. 666, § 12; 2019, No. 910, § 1453.

Amendments. The 2019 amendment by No. 666 inserted “or professional learning credit as determined by the Division of Elementary and Secondary Education” in the introductory language of (a); and made a stylistic change.

The 2019 amendment by No. 910, in (b), substituted “Division of Elementary and Secondary Education” for “Department of Education” and “division” for “department”.

6-17-711. Bullying prevention — Professional development.

  1. The Division of Elementary and Secondary Education shall require two (2) hours of professional development in the following areas for licensed public school personnel according to the professional development schedule under § 6-17-709:
    1. Bullying prevention; and
    2. Recognition of the relationship between incidents of bullying and the risk of suicide.
  2. The professional development under this section shall count toward the satisfaction of requirements for professional development in the Standards for Accreditation of Arkansas Public Schools and School Districts and of licensure requirements for licensed personnel.
    1. In addition to the professional development requirement under subsection (a) of this section, the division shall develop a guidance document for use by parents and legal guardians, students, and public school districts to assist in resolving complaints concerning student bullying behaviors.
    2. The guidance document required under subdivision (c)(1) of this section shall include without limitation:
      1. A public school district's obligations under § 6-18-514;
      2. Best practices for the prevention, reporting, and investigation of and the response to bullying in public schools; and
      3. A clear definition of bullying that provides examples regarding conduct that does and does not constitute bullying.
    3. The guidance document under subdivision (c)(1) of this section shall be provided to licensed public school personnel as part of the professional development required under subsection (a) of this section.

History. Acts 2019, No. 1029, § 3.

A.C.R.C. Notes. Acts 2019, No. 1029, § 1, provided: “Legislative findings and intent.

The General Assembly finds that:

“(1) A 2016 study, ‘Indicators of School Crime and Safety,’ published by the United States Department of Justice and the United States Department of Education, reported that twenty-one percent (21%) of students twelve (12) through eighteen (18) years of age reported being bullied at school during the previous school year;

“(2) The same 2016 study also reported that about thirty-three percent (33%) of students who reported being bullied at school indicated that they were bullied at least once or twice a month during the school year;

“(3) A 2017 study by the Centers for Disease Control and Prevention, the Youth Risk Behavior Surveillance study, reported that Arkansas ranks highest in the nation for the percentage of teenagers who were bullied on school property;

“(4) The persistence of school bullying has led to instances of student suicide across the country, including Arkansas;

“(5) Significant research findings have emerged since Arkansas enacted its public school anti-bullying statutes in 2003 and its cyberbullying law in 2011;

“(6) School districts and students, parents, teachers, principals, other school staff, and school district boards of directors would benefit from the establishment of clearer standards regarding what constitutes bullying and how to prevent, report, investigate, and respond to incidents of bullying;

“(7) It is the intent of the General Assembly in enacting this legislation to strengthen the standards and procedures for preventing, reporting, investigating, and responding to incidents of bullying of students that occur on and off school property;

“(8) Fiscal responsibility requires Arkansas to take a more effective and clearer approach to eliminate school bullying by ensuring that existing resources are better managed and used to make schools safer for students; and

“(9) By strengthening the standards and procedures for the prevention, reporting, and investigation of and the response to incidents of bullying, it is the intent of the General Assembly to reduce the risk of suicide among students and avert not only the needless loss of a young life but also the tragedy that such loss causes a student’s family and the community at large.”

Subchapter 8 — Teachers' Salaries Generally

Cross References. Power of directors to contract with teachers, § 6-13-620.

Effective Dates. Acts 1951, No. 37, §§ 3, 4: Feb. 2, 1951. Emergency clause provided: “Section 3. Whereas, many of the institutions of higher learning of this state have been unable to provide group insurance for the members of their staffs because of the fact that payments for same cannot be withheld by agreement with the employees, this act is necessary for the preservation of the peace, health, and safety of the people of the State of Arkansas.”

“Section 4. An emergency is hereby declared to exist and this act shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 712, § 4: Mar. 20, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that school districts in this state are increasing teacher contract days from one school year to the next with no guarantee to the teacher of a daily pro rata increase in pay based on the salary schedule of the district for the next school year; that districts are requiring to make decisions regarding continued employment of teachers by May 1; and that teachers will not be adequately compensated for the 1989-90 school year and thereafter so that immediate implementation of this Act is necessary to preserve the peace, safety and health of citizens and teachers of the State of Arkansas. Therefore, an emergency is declared to exist, and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1999, No. 1012, § 20: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1999 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1999 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1999.”

Acts 1999, No. 1013, § 25: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1999 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1999 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1999.”

Acts 2001, No. 1735, § 2: Apr. 18, 2001. Emergency clause provided: “It is found and determined by the General Assembly that under present law a question has arisen as to whether schools are able to contract with certified personnel for summer work at a rate of pay of less than the normal contract wage; that such restriction is inequitable; that this act will allow school districts to contract summer work at a negotiated rate; and that this act should go into effect as soon as possible in order for it to be effective during the coming summer. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003 (2nd Ex. Sess.), No. 111, § 2: Mar. 9, 2004. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that teachers and classified employees shall be treated equally and fairly in the workplace; and that any impediment to that right can result in a breach of peace in the workplace; and that this act is immediately necessary to prevent any breach of peace among school employees in the state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 969, § 2: July 1, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there are school districts in economically depressed and low property-wealth areas of the state that face difficulties competing with surrounding, geographically close school districts with regard to teacher salaries and that this makes it difficult for districts in such economically depressed and low property-wealth areas to recruit and retain qualified teachers; that this act will provide assistance to those high-priority districts to assist them in recruiting and retaining such teachers; and that this act is immediately necessary to provide that assistance for the 2009-2010 school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2009.”

Acts 2017, No. 1113, § 2: Apr. 7, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there is a shortage of teachers in the public schools of this state; that some teachers are willing to volunteer to teach for additional compensation more than the maximum number of students allowed under the Standards for Accreditation of Arkansas Public Schools and School Districts; and that this act is immediately necessary to allow public school districts time to procure agreements with teachers to teach more than the maximum number of students allowed under the Standards for Accreditation of Arkansas Public Schools and School Districts for the 2017-2018 school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2018, No. 243, § 36: July 1, 2018.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Am. Jur. 67B Am. Jur. 2d, Schools, § 183 et seq.

C.J.S. 78 C.J.S., Schools, § 450 et seq.

6-17-801. Indefinite teacher employment contract void.

  1. In any contract of employment entered into by and between a school district and a teacher as defined by Acts 1979, No. 766 [repealed], any provision therein specifying that the employee's salary may be decreased to conform to legal fiscal requirements or any other attempt therein to make the salary to be paid to the employee less than definite and certain as to the minimum amount of salary is declared to be null and void as opposed to the public policy of the State of Arkansas.
  2. In any contract attempting to make a teacher's salary less than definite and certain by qualifying language, the amount of stated salary without such qualifying language shall be the minimum amount the employee is entitled to receive for services rendered.
  3. The remaining provisions of any contract found to be in violation of the provisions of this section shall be given full force and effect.

History. Acts 1981 (1st Ex. Sess.), No. 3, §§ 1-3; A.S.A. 1947, §§ 80-1335 — 80-1337.

Cross References. Leaves of absence, § 6-17-306.

6-17-802. Twelve-month contracts for vocational agriculture teachers.

All public high schools in this state which offer vocational agriculture training shall, beginning with the next school year, contract with the vocational agriculture teachers on a twelve-month basis.

History. Acts 1981, No. 28, § 1; A.S.A. 1947, § 80-2509.1.

6-17-803. Optional contract payable in monthly installments.

    1. Any school district in this state, at the option of the school district board of directors, may enter into contracts for the hiring of teachers to teach in the next coming school year, whereby the annual salaries of such teachers may be paid on the basis of twelve (12) equal monthly installments.
    2. In no case shall the monthly installments under such contracts commence earlier than the first day of the commencement of the school fiscal year covered by the contract.
    1. Any contract entered into pursuant to this section whereby payments are to be made before the commencement of the teaching duties under such contract in the school year covered thereby shall contain a clause clearly setting forth the liability of any teacher who receives payments before the commencement of teaching duties and who refuses to perform under the terms of the contract.
    2. Such clause shall be to the effect that any schoolteacher breaching such a contract shall be indebted to the school district for the amount of moneys received by him or her under the contract before the commencement of his or her teaching duties.
    3. If any teacher fails to repay any money owed to a school district upon a contract breached by him or her, the secretary of the school district shall certify the failure to the Division of Elementary and Secondary Education, and the State Board of Education shall suspend the teacher's license until all of the money is repaid.
  1. Any school district, or any officer thereof, charged with the responsibility of negotiating and entering into contracts for the employment of teachers for such school district shall be relieved of any liability arising from the breach of any contract made in good faith pursuant to the provisions of this section.

History. Acts 1965, No. 70, §§ 1-3; A.S.A. 1947, §§ 80-1330 — 80-1332; Acts 2011, No. 989, § 49; 2019, No. 910, § 1454.

Amendments. The 2011 amendment, in (b)(3), substituted “State Board of Education shall suspend the” for “department revoke such” and deleted “to teach” preceding “until all.”

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(3).

Case Notes

Cited: Magnet Cove Sch. Dist. v. Barnett, 81 Ark. App. 11, 97 S.W.3d 909 (2003).

6-17-804. Deductions for group insurance premium.

For the purpose of payment of group insurance policy premiums, upon the execution by any teacher or other school employee of an appropriate form of authorization and delivery thereof to the fiscal officer of the school district wherein such person is employed, the fiscal officer shall withhold the designated amount from that person's monthly salary payments and shall transmit the amount, on or before the tenth day of each succeeding month, to the insurance company named in the authorization.

History. Acts 1949, No. 316, § 1; 1951, No. 37, § 1; A.S.A. 1947, § 80-1324.

6-17-805. Deduction for professional membership dues — Definitions.

  1. Upon the written request of any teacher or classified employee, the board of directors of any school district of the state shall deduct from the salary of that teacher or classified employee such sums as the teacher or classified employee shall specify for the payment of membership dues in any bona fide teacher's or employee's educational professional organization designated by the teacher or classified employee in the request.
  2. The teacher or classified employee may request a lump-sum deduction or have the sum to be deducted spread over the school year.
  3. The board of directors, or its authorized representative, shall transmit the sum deducted to the organizations designated by the teacher or classified employee in the request.
  4. All requests shall bear the manual signature of the teacher or classified employee.
  5. The request shall be filed with the contract of the teacher or classified employee and shall be subject to audit by Arkansas Legislative Audit.
  6. As used in this section:
    1. “Classified employee” means any person employed by a school district under a written annual contract who is not required to have a teaching license issued by the Division of Elementary and Secondary Education as a condition of employment; and
    2. “Teacher” means any person holding a license issued by the State of Arkansas and employed by a school district in a teaching, instructional, supervisory, administrative, or educational and scientific capacity.

History. Acts 1969, No. 108, §§ 1, 2; A.S.A. 1947, §§ 80-1333, 80-1334; Acts 2003 (2nd Ex. Sess.), No. 111, § 1; 2013, No. 1138, § 36; 2019, No. 910, § 1455.

Amendments. The 2013 amendment substituted “license” for “certificate” in (f)(1) and (f)(2).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (f)(1).

6-17-806. [Repealed.]

Publisher's Notes. This section, concerning the Arkansas Teachers' Salaries Study Commission, was repealed by Acts 2013, No. 1155, § 14. The section was derived from Acts 1985, No. 1047, § 1; 1987, No. 97, § 1; 1991, No. 54, § 1.

6-17-807. Additional days.

  1. If a teacher is required to work more days than provided for under the teacher's contract, then the teacher's pay under the contract shall be increased proportionately so that the teacher will receive pay for each additional day the teacher is required to work at no less than the daily rate paid to the teacher under the teacher's contract.
  2. Each school district in this state shall establish a normal base contract period for teachers.
  3. The normal base contract period for each school district shall be the number of days the majority of teachers employed by the school district in the 2000-2001 school year are required to work as specified on the 2000-2001 contracts as of March 1, 2001.
  4. If the normal base contract period in any school district is increased, the teacher's pay under the contract shall be increased proportionately so that the teacher will receive pay for each day added to the contract at no less than the daily rate paid to the teacher under the teacher's current existing contract.
  5. This section shall not apply to separate contracts for employment with a teacher to teach summer school or to perform services that do not require the teacher to hold a teaching license to perform those services.
  6. If the school district desires to employ a teacher part time to perform services for the school district in the teacher's field of licensure after expiration of the normal base contract, as part of the teacher's normal teaching contract, the school district may contract for such part-time work as long as the teacher is agreeable and is paid on a pro rata basis for that work.
  7. A school district which contracts with a teacher to teach summer school or to perform services that do not require the teacher to hold a teaching license to perform those services shall enter into a separate contract with the teacher for those services and shall not condition initial employment of the teacher or renewal of the teacher's regular teaching contract on entering into such a separate contract.

History. Acts 1989, No. 712, § 1; 2001, No. 1735, § 1; 2011, No. 989, § 50.

Amendments. The 2011 amendment substituted “license” for “certificate” in (e) and (g); and substituted “licensure” for “certification” in (f).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

Case Notes

Performance of Other Services.

Rate of compensation upheld where the teacher contracted to work 205 days and was compensated for 205 days, even though for 185 days she was compensated at her daily rate for work as a certified teacher and the other 20 days she was compensated at a permissible lower rate for uncertified work as a program coordinator. Bond v. Lavaca Sch. Dist., 347 Ark. 300, 64 S.W.3d 249 (2001).

6-17-808. [Repealed.]

Publisher's Notes. This section, concerning the Arkansas Classified Personnel Salaries Study Commission, was repealed by Acts 2009, No. 376, § 28. The section was derived from Acts 1991, No. 395, §§ 1-4; 1997, No. 112, § 9; 1999, No. 391, §§ 7, 8; 1999, No. 1542, § 1.

6-17-809. Teachers for the visually impaired entering state service.

Upon the superintendent's certification to the state personnel administrator of prior service at an educational institution and of the most recent contractual salary, the salary of teachers holding licensure in teaching the visually impaired and entering state service as teachers for the sensory impaired may be adjusted to a rate of pay closest to but not less than their most recent annual salary.

History. Acts 1999, No. 1012, § 9; 2011, No. 989, § 51.

Amendments. The 2011 amendment substituted “licensure” for “certification.”

6-17-810. Teachers for the hearing impaired entering state service.

Upon the superintendent's certification to the state personnel administrator of prior service at an educational institution and of the most recent contractual salary, the salary of teachers holding licensure in teaching the hearing impaired and entering state service as teachers for the sensory impaired may be adjusted to a rate of pay closest to but not less than their most recent annual salary.

History. Acts 1999, No. 1013, § 14; 2011, No. 989, § 52.

Amendments. The 2011 amendment substituted “licensure” for “certification.”

6-17-811. Incentives for teacher recruitment and retention in high-priority districts — Definitions.

  1. As used in this section:
    1. “High-priority district” means a public school district:
      1. In which eighty percent (80%) or more of public school students are national school lunch students; and
        1. Except as provided by subdivision (a)(1)(B)(ii) of this section, that had a three-quarter average daily membership in the previous year of one thousand (1,000) or fewer students.
        2. In order to further the state's policy of encouraging efficiency and the expansion of available course offerings that might be achieved through the voluntary consolidation or annexation of school districts, qualifying teachers in the resulting school district in an approved voluntary consolidation under § 6-13-1404(a)(2) or § 6-13-1603(a) or in a receiving district in an approved voluntary annexation under § 6-13-1403(a)(2)-(4) or § 6-13-1603(a) shall continue to receive the funding provided under this section if all school districts in the voluntary consolidation or annexation were high-priority districts in the immediately preceding school year, even if the average daily membership of the resulting or receiving school district is one thousand (1,000) or above.
        3. By April 15 of each year, the State Board of Education shall determine the districts that qualify as high-priority districts of the state;
      1. “National school lunch students” means those students or the percentage of enrolled students from low socioeconomic backgrounds as indicated by eligibility for free or reduced-price meals under the National School Lunch Act as determined on October 1 of each previous school year and submitted to the Division of Elementary and Secondary Education, unless the school district is identified by the division as participating in the special assistance certification and reimbursement alternative implemented under 42 U.S.C. § 1759a, as interpreted in 7 C.F.R. § 245.9.
      2. If the school district is participating under 42 U.S.C. § 1759a, then for purposes of this section the school district's annual percentage of national school lunch students is equal to the percentage submitted in the base year, which means the last school year for which eligibility determinations were made and meal counts were taken by type;
      1. “New teacher bonus” means an incentive bonus provided under subdivisions (b)(1)-(3) of this section to a teacher who is within the first three (3) years of employment with a single high-priority district.
      2. A teacher is not entitled to receive a new teacher bonus from any high-priority district other than the high-priority district that first employed the teacher and paid the teacher a new teacher bonus;
    2. “Previous year” means the school year immediately preceding the present school year;
    3. “Retention bonus” means an incentive bonus provided under subdivision (b)(4) or subdivision (b)(5) of this section; and
      1. “Teacher” means a licensed classroom teacher who spends seventy percent (70%) of his or her time working directly with students in a classroom setting teaching all grade-level or subject-matter appropriate classes.
      2. “Teacher” includes a guidance counselor or librarian.
  2. At the end of the school year and upon completion of a licensed teacher's contracted teaching obligations, a teacher who completes the entire current school year teaching in a high-priority district may be entitled to receive in addition to all other contracted salary and benefits:
    1. For a newly hired teacher who has not previously taught in a high-priority district, a one-time signing bonus of five thousand dollars ($5,000) for the first year of service in the high-priority district, to be paid upon completion of the full year of teaching;
    2. For a newly hired teacher who meets the requirements of subdivision (b)(1) of this section, who continues to teach in the same high-priority district, and who completes the second full year of contracted teaching obligations, a new teacher bonus of four thousand dollars ($4,000) in addition to all other contracted salary and benefits;
    3. For a teacher who meets the requirements of subdivisions (b)(1) and (2) of this section, who continues to teach in the same high-priority district, and who completes a third year of contracted teaching obligations, a new teacher bonus of four thousand dollars ($4,000) in addition to all other contracted salary and benefits;
    4. For a teacher who meets the requirements of subdivisions (b)(1)-(3) of this section, who enters his or her fourth or subsequent year of service with the same high-priority district or begins employment with a high-priority district other than the high-priority district where he or she was employed at the time he or she received a new teacher bonus under subdivisions (b)(1)-(3) of this section, a retention bonus of three thousand dollars ($3,000) for the fourth and each subsequent complete year of service in the high-priority district, to be paid at the end of the school year after completing all contractual obligations; and
    5. For a teacher employed in a high-priority district who does not meet the requirements of subdivisions (b)(1)-(3) of this section, a retention bonus of three thousand dollars ($3,000) for each complete year of service in the high-priority district, to be paid at the end of the school year after completing all contractual obligations.
    1. A teacher shall not be entitled to a bonus provided under this section unless the teacher has fulfilled his or her contractual obligations for the current school year.
    2. The superintendent of the high-priority district where the teacher is employed shall certify in writing to the division that the teacher has completed all contractual obligations for the school year.
  3. The division shall:
    1. Monitor the implementation of the incentive program established by this section;
    2. Collect data to be used to evaluate the incentive program's effectiveness; and
    3. Promulgate any necessary rules to administer the requirements of this teacher recruitment and retention program.
    1. The bonus amounts provided under this section are the maximum amounts to be paid to qualifying teachers in high-priority districts and are subject to the appropriation and availability of funding for the payment of the bonuses.
    2. If the funds appropriated and available for the payment of the bonuses under this section are insufficient to pay the maximum bonus amounts to each qualifying teacher, the division shall distribute the available funding to qualified teachers on a pro rata basis.

History. Acts 2003 (2nd Ex. Sess.), No. 101, § 1; 2005, No. 1962, § 12; 2005, No. 2151, § 31; 2007, No. 1044, § 1; 2009, No. 969, § 1; 2011, No. 1135, § 1; 2019, No. 910, §§ 1456-1459.

Amendments. The 2009 amendment rewrote (a); rewrote the introductory language of (b); substituted “five thousand dollars ($5,000)” for “four thousand dollars ($4,000)” in (b)(1); substituted “four thousand dollars ($4,000)” for “three thousand dollars ($3,000)” in (b)(2) and (b)(3); substituted “three thousand dollars ($3,000)” for “two thousand dollars ($2,000)” in (b)(4) and (b)(5); deleted former (d); redesignated former (e) as (d); added present (e); and made minor stylistic changes throughout.

The 2011 amendment substituted “national school lunch students” for “eligible for the free or reduced-price lunch program under the National School Lunch Act based on the October 1 student count of the previous year submitted to the Department of Education” in (a)(1); and inserted present (a)(2) and redesignated the remaining subdivisions accordingly.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” twice in (a)(2)(A); and substituted “division” for “department” in (c)(2), in the introductory language of (d), and in (e)(2).

6-17-812. Compensation for teaching more than the maximum number of students permitted.

    1. If a teacher of students in grades five through twelve (5-12) agrees to teach more than the maximum number of students in grades five through twelve (5-12) that is permitted per day under the Standards for Accreditation of Arkansas Public Schools and School Districts, then the teacher's pay under his or her contract shall be increased by an amount proportionate to the teacher's base pay and the additional number of students taught by the teacher.
    2. However, a teacher shall not exceed the maximum class size permitted under the Standards for Accreditation of Arkansas Public Schools and School Districts.
    3. A teacher of students in grades five through twelve (5-12) may agree to use his or her conference period during the day to teach an additional class period or to teach more than the maximum number of students per day and shall be compensated at a prorated portion of his or her contract for both the extra class period and for every additional student he or she teaches over the maximum number of students permitted per day under the Standards for Accreditation of Arkansas Public Schools and School Districts.
    4. The Division of Elementary and Secondary Education shall include in the Standards for Accreditation of Arkansas Public Schools and School Districts the maximum number of students in grades five through twelve (5-12) that a teacher of students in grades five through twelve (5-12) is permitted to teach per day without receiving additional compensation under this section.
    1. A teacher is not required to teach more than the maximum number of students permitted per day under the Standards for Accreditation of Arkansas Public Schools and School Districts, but a teacher may agree to teach more than the maximum number of students permitted per day.
    2. A teacher shall sign an agreement with the school district for the additional compensation that is applicable to the semester in which the teacher agrees to teach more than the maximum number of students permitted per day under the Standards for Accreditation of Arkansas Public Schools and School Districts.
      1. Neither the school district nor the teacher is obligated to enter into or renew an agreement or continue an agreement past the semester in which the agreement is signed.
      2. An agreement between the teacher and the school district shall be signed before any additional compensation is provided.
      3. The provisions of The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq., do not apply to an agreement entered into between a teacher and a school district under this section.
    3. A public school or school district that enters into, renews, or continues an agreement with a teacher under this section is not in violation of the Standards for Accreditation of Arkansas Public Schools and School Districts because the teacher teaches more than the maximum number of students per day.
  1. This section does not apply to a public school that operates primarily as a virtual school.
  2. A school district shall adopt a policy to implement this section.
    1. The division shall promulgate rules to implement this section.
    2. The rules promulgated by the division shall include without limitation the manner in which students in grades five (5) and six (6) are to be counted for the purposes of this section.

History. Acts 2015, No. 993, § 1; 2017, No. 1113, § 1; 2018, No. 243, § 33; 2019, No. 910, §§ 1460, 1461; 2019, No. 979, § 1.

Amendments. The 2017 amendment substituted “grades five through twelve (5-12)” for “grades seven through twelve (7-12)” in (a)(1) and (a)(3); inserted and added “or subdivision (a)(4)(A) of this section” in (a)(1) through (3); added (a)(4); and made a stylistic change.

The 2018 amendment substituted “agrees” for “volunteers” and “agree” for “volunteer” in (a)(1) through (3) and (b)(2); in (a)(4)(A), added “Except when a teacher teaches a course that lends itself to large group instruction, as defined by the Department of Education” at the beginning and “per day” at the end; in (a)(4)(B), substituted “department” for “Department of Education” and inserted “to be taught per day and the exception”; substituted “agree to” for “voluntarily” in (b)(1); deleted “who volunteers under subsection (a) of this section” following “A teacher” in (b)(2); inserted present (c) and redesignated former (c) as (d); and added (e).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(4)(A); and substituted “division” for “department” in (a)(4)(B), (e)(1), and (e)(2).

The 2019 amendment by No. 979, in (a)(1) and (a)(3), substituted “teacher of students” for “teacher” and deleted “or subdivision (a)(4)(A) of this section” following “Districts”; inserted “in grades five through twelve (5-12) that is” in (a)(1); rewrote (a)(2); deleted former (a)(4)(A); and rewrote and redesignated former (a)(4)(B) as (4).

Subchapter 9 — The Arkansas Teachers' Salary Law

Cross References. Arkansas Governmental Compliance Act, § 10-4-301 et seq.

Preambles. Acts 1983, No. 402 contained a preamble which read:

“Whereas, Act 136 of 1943 amended Act 319 of 1941 to provide that every contract of employment between a teacher and a school board shall be renewed unless within ten (10) days after the date of the end of the school term the teacher is notified by the school board that the contract will not be renewed for the succeeding year; and

“Whereas, the Teacher Fair Dismissal Act of 1979 (Act 766) contains the same provision except that the school superintendent instead of the school board is required to notify the teacher of the intent to not renew the teacher's contract; and

“Whereas, although Act 766 of 1979 superseded the aforementioned provision of Act 319 of 1941, as amended, both Acts are still compiled in the Arkansas Statutes and confusion exists as to the state of the law; and

“Whereas, the best method of clarifying this confusion is to repeal the obsolete language which required the school board to notify the teachers of the intention to not renew the teaching contract in the succeeding year;

“Now therefore … .”

Effective Dates. Acts 1941, No. 319, § 19: approved Mar. 26, 1941. Emergency clause provided: “It is hereby determined that the education interest of the children of the State can be best served by improving the salaries and qualifications of teachers; and it is found that this act is necessary for the preservation of the peace, health, and safety of the people, an emergency is hereby declared to exist, and this act shall take effect and be in full force from, and after, its passage.”

Acts 1943, No. 136, § 13: Mar. 1, 1943. Emergency clause provided: “Because of the war emergency many teachers are leaving the schools of Arkansas to accept other positions because of more attractive salaries; thus, it is hereby determined that the educational interests of the children of the State of Arkansas can be best served by increasing the salaries and qualifications of teachers; therefore, it is found that this act is necessary for the preservation of the peace, health, and safety of the property, and an emergency is hereby declared to exist, and the provisions of this act shall take effect and be in full force and effect from and after its passage and approval.”

Acts 1959, No. 455, § 2: Mar. 30, 1959. Emergency clause provided: “It is hereby found and determined by the General Assembly that the existing laws of this State regarding the revocation or renewal of teachers contracts are confusing; that many school boards and schoolteachers are uncertain as to the time and the method of revoking or renewing such contracts; and, that only by the immediate passage of this act may said situation be corrected. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1979, No. 719, § 3: July 1, 1979.

Acts 1999, No. 1078, § 92: effective July 1, 2000.

Acts 2001, No. 533, § 3: July 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly that the revisions in this act are necessary for the proper distribution of funds by the county treasurer, and the implementation of the act is necessary to allow proper receipt and distribution of the school funds prior to the beginning of the school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 2001.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Am. Jur. 67B Am. Jur. 2d, Schools, § 183 et seq.

Ark. L. Rev.

Procedural Due Process and the Teacher, 29 Ark. L. Rev. 87.

C.J.S. 78 C.J.S., Schools, § 450 et seq.

Case Notes

Contracts.

Traditional contract principles applied to teacher employment cases and were not rendered inapplicable by teacher dismissal law or this subchapter. Gillespie v. Board of Educ., 528 F. Supp. 433 (E.D. Ark. 1981), aff'd, 692 F.2d 529 (8th Cir. 1982).

Cited: Springdale School Dist. v. Jameson, 274 Ark. 78, 621 S.W.2d 860 (1981).

6-17-901. Title.

The title of this subchapter shall be “The Arkansas Teachers' Salary Law”.

History. Acts 1941, No. 319, § 1; A.S.A. 1947, § 80-1301.

6-17-902. Definition.

As used in this subchapter, “teacher” shall include a full-time employee of a school district who is compelled by law to secure a license from the State Board of Education.

History. Acts 1941, No. 319, § 2; 1943, No. 136, § 1; 1949, No. 451, § 1; A.S.A. 1947, § 80-1302; Acts 1993, No. 294, § 11.

6-17-903 — 6-17-906. [Repealed.]

Publisher's Notes. These sections, concerning rules and regulations; cooperation of county supervisors with State Board of Education; revenue percentages for salaries; and salary allotments according to certificate, were repealed by Acts 1993, No. 294, § 11. The sections were derived from the following sources:

6-17-903. Acts 1941, No. 319, § 14; A.S.A. 1947, § 80-1314.

6-17-904. Acts 1941, No. 319, § 16; 1943, No. 136, § 9; A.S.A. 1947, § 80-1316.

6-17-905. Acts 1941, No. 319, § 3; 1943, No. 136, § 2; 1945, No. 301, § 1; 1947, No. 22, § 1; A.S.A. 1947, § 80-1303.

6-17-906. Acts 1941, No. 319, § 2; 1943, No. 136, § 1; 1947, No. 138, § 1; 1949, No. 451, § 1; A.S.A. 1947, § 80-1302.

6-17-907. Funds generally.

  1. The county treasurer of each county in the state is directed to establish for each school district for which he or she is treasurer the following funds:
    1. The teachers' salary fund;
    2. Operating fund;
    3. Building fund;
    4. Debt service fund;
    5. Capital outlay fund; and
    6. Consolidated federal grants fund — Control.
  2. The county treasurer shall credit to the operating fund all other revenues not earmarked for the building fund, debt service fund, capital outlay fund, or consolidated federal grants fund.
  3. The county treasurer shall credit to the building fund those funds received:
    1. Through the sale of bonds or otherwise; and
    2. From insurance collected for damages to school property except when the property damages have been repaired out of the operating fund which will be reimbursed by the insurance proceeds.
  4. The county treasurer shall credit to the debt service fund revenue from any continuing levy for the retirement of bonded indebtedness.
  5. The county treasurer shall credit to the capital outlay fund any revenue specifically dedicated for capital outlay fund purposes.
  6. The county treasurer shall credit all the various federal funds to the consolidated federal grants fund unless otherwise specifically designated by the Division of Elementary and Secondary Education.
  7. The county treasurer charged with custody of the aforementioned consolidated federal grants fund shall be responsible only for the combined federal funds in his or her possession without regard to the various approved projects and limitations within the total federal allocations to the school district.
  8. Accountability and separability of various projects shall be the responsibility of each school district.
  9. The approved budget for the school district shall be used as a guide by the county treasurer in the settling of these funds.
  10. The local board may authorize the county treasurer to transfer funds from the operating fund to the teachers' salary fund.
  11. The county treasurer may request representatives of Arkansas Legislative Audit or the division to assist in establishing and crediting the various percentages of revenue to the respective funds.
  12. When a school district has a school district treasurer, the county treasurer may establish for that school district only the fund or funds needed to properly note revenues received for the school district and disbursements made to the school district.
    1. If a school district uses a computerized accounting system that properly segregates revenues and disbursements by type and fund in accordance with state law and Arkansas Legislative Audit requirements, the school district may request that the county treasurer, serving as school district treasurer, receive and disburse all funds from one (1) operating account.
    2. The request shall be made in writing by the superintendent of the school district to the county treasurer.

History. Acts 1941, No. 319, § 3; 1943, No. 136, § 2; 1949, No. 451, § 2; 1973, No. 496, § 1; 1981, No. 102, § 1; A.S.A. 1947, § 80-1303; Acts 1993, No. 294, § 11; 1995, No. 233, §§ 3, 4; 1999, No. 1078, § 62; 2001, No. 533, §§ 1, 2; 2019, No. 910, §§ 1462, 1463.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (f); and substituted “or the Division of Elementary and Secondary Education” for “or of the department” in (k).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

6-17-908. Teachers' salary fund.

  1. Only warrants or checks in payment of the following shall be paid from the teachers' salary fund:
    1. Salaries of teachers;
    2. Dues of teachers to professional organizations;
    3. Teachers' contributions to the Arkansas Teacher Retirement System; and
      1. Insurance or other fringe benefits for teachers.
      2. However, insurance or other fringe benefits must be approved by a majority of the teachers in the school district voting in a secret election.
  2. The county treasurer and his or her surety or the school district treasurer, if the school district has its own treasurer, and his or her surety shall be liable for any warrants or checks paid from the teachers' salary fund which are not herein authorized.
  3. No officer, agent, or other person shall charge or collect any commission for handling any part of the teachers' salary fund.

History. Acts 1941, No. 319, §§ 3, 15; 1943, No. 136, § 2; 1945, No. 301, § 2; 1979, No. 602, § 1; A.S.A. 1947, §§ 80-1303, 80-1315; Acts 1993, No. 294, § 11; 2009, No. 376, § 29.

Amendments. The 2009 amendment subdivided (a); deleted “as defined in § 6-17-902” following “teachers” in (a)(1); and made related and minor stylistic changes.

Case Notes

Surplus Funds.

Teacher was not entitled to recover surplus in Teachers' Salary Fund where balance was carried over to following year under approved procedure and paid out to teacher in following school year. Vanlandingham v. School Dist., 221 Ark. 463, 253 S.W.2d 965 (1953).

6-17-909, 6-17-910. [Repealed.]

Publisher's Notes. These sections, concerning limitations on the use of the Public School Fund, certification of revenue amounts, and reports thereon, were repealed by Acts 1993, No. 294, § 11. The sections were derived from the following sources:

6-17-909. Acts 1941, No. 319, § 13; A.S.A. 1947, § 80-1313.

6-17-910. Acts 1941, No. 319, § 4; 1943, No. 136, § 3; 1947, No. 138, § 2; 1949, No. 451, § 3; A.S.A. 1947, § 80-1304.

6-17-911. Effect of failure to make records and settlements.

  1. The disbursing officer of the State Board of Education shall withhold any and all state funds due the school districts of any county until the county treasurer has set up his or her records in accordance with § 6-17-907.
  2. If the county collector fails to make settlements with the county treasurer as now provided by law, the county treasurer shall forthwith notify the Commissioner of Elementary and Secondary Education and the Secretary of the Department of Finance and Administration of such failure.
    1. If such delinquent settlement is not made within two (2) weeks, the Treasurer of State shall withhold the monthly distribution of county aid provided for under § 19-5-602(b) upon notification from the secretary that the county has failed to make such settlement.
    2. The monthly distribution shall be withheld until such settlement is made to the satisfaction of the secretary.

History. Acts 1941, No. 319, § 3; 1945, No. 301, § 3; 1949, No. 451, § 2; A.S.A. 1947, § 80-1303; Acts 1993, No. 294, § 11; 1999, No. 1078, § 63; 2019, No. 910, § 3367.

Amendments. The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b); substituted “Secretary” for “Director” in (b) and (c)(1); and substituted “secretary” for “director” in (c)(2).

6-17-912. Advances from other funds.

When acting in the capacity as school district treasurer, the county treasurer is authorized to make advances from one (1) fund to another upon written request from the local school district board of directors during the fiscal year.

History. Acts 1941, No. 319, § 4; 1943, No. 136, § 3; 1947, No. 138, § 2; 1949, No. 451, § 3; A.S.A. 1947, § 80-1304; Acts 1993, No. 294, § 11; 1995, No. 233, § 5; 1999, No. 1078, § 64.

Case Notes

Cited: Shelton v. McKinley, 174 F. Supp. 351 (E.D. Ark. 1959); Freeman v. Gould Special Sch. Dist., 405 F.2d 1153 (8th Cir. 1969); Western Grove Sch. Dist. v. Strain, 288 Ark. 507, 707 S.W.2d 306 (1986).

6-17-913. Audits of accounts.

  1. The accounts of all school districts shall be audited annually by Arkansas Legislative Audit or a certified public accountant.
  2. Where audits are made by a certified public accountant, a certified copy of the audit shall be distributed to the school district, the Department of Finance and Administration, the Division of Career and Technical Education, and the Division of Elementary and Secondary Education.
    1. Arkansas Legislative Audit shall provide a copy of every audit report performed on each school district to the county clerk of the county in which the school district is located.
    2. The county clerk shall keep a copy of the audit reports performed on the school district on file for at least two (2) years.

History. Acts 1941, No. 319, § 4; 1943, No. 136, § 3; 1947, No. 138, § 2; 1949, No. 451, § 3; A.S.A. 1947, § 80-1304; Acts 1993, No. 294, § 11; 1999, No. 1078, § 65; 1999, No. 1244, § 1; 2019, No. 910, § 1464.

Amendments. The 2019 amendment, in (b), substituted “Division of Career and Technical Education” for “Department of Career Education” and “Division of Elementary and Secondary Education” for “Department of Education”.

Case Notes

Cited: Shelton v. McKinley, 174 F. Supp. 351 (E.D. Ark. 1959); Freeman v. Gould Special Sch. Dist., 405 F.2d 1153 (8th Cir. 1969); Western Grove Sch. Dist. v. Strain, 288 Ark. 507, 707 S.W.2d 306 (1986).

6-17-914. [Repealed.]

Publisher's Notes. This section, concerning district budgets, was repealed by Acts 2005, No. 2121, § 4. The section was derived from Acts 1941, No. 319, § 5; 1945, No. 301, § 4; 1949, No. 451, § 4; 1979, No. 719, § 1; 1985, No. 413, § 1; A.S.A. 1947, § 80-1305; Acts 1995, No. 233, § 6; 1997, No. 804, § 1; 1999, No. 1078, §§ 66, 67; 2001, No. 1220, § 1.

6-17-915. Filing of personnel lists.

The ex officio financial secretary of each school district in the state shall file on or before October 1 of each year a list of all licensed personnel and all classified personnel employed by the school district for the current year setting forth the annual salary of each and such other information as the State Board of Education may prescribe.

History. Acts 1941, No. 319, § 5; 1945, No. 301, § 4; 1949, No. 451, § 4; 1979, No. 719, § 1; A.S.A. 1947, § 80-1305; Acts 2011, No. 989, § 53.

Amendments. The 2011 amendment substituted “all licensed personnel and all classified personnel” for “all personnel, certified and noncertified.”

Case Notes

Cited: Little Rock Sch. Dist. v. Pulaski County Special Sch. Dist. No. 1, 597 F. Supp. 1220 (E.D. Ark. 1984).

6-17-916, 6-17-917. [Repealed.]

Publisher's Notes. These sections, concerning the determination of revenue available for teachers' salaries, applications for aid and the keeping of attendance reports, were repealed by Acts 1993, No. 294, § 11. The sections were derived from the following sources:

6-17-916. Acts 1941, No. 319, § 10; 1943, No. 136, § 6; 1945, No. 301, § 5; A.S.A. 1947, § 80-1308.

6-17-917. Acts 1941, No. 319, § 11; 1943, No. 136, § 7; 1945, No. 301, § 7; A.S.A. 1947, § 80-1309.

6-17-918. Issuing and countersigning warrants.

    1. It shall be the duty of the school district superintendent of schools to serve as ex officio financial secretary.
    2. All warrants and checks shall be issued in accordance with the provisions of §§ 6-13-618(c) and 6-13-701(e).
  1. The school district superintendent shall neither issue nor countersign any warrants or checks until he or she has determined that the warrants have been issued in conformity with § 6-20-402, this subchapter, and other laws.

History. Acts 1941, No. 319, § 4; 1943, No. 136, § 3; 1947, No. 138, § 2; 1949, No. 451, § 3; 1959, No. 455, § 1; 1961, No. 63, § 1; 1973, No. 496, § 2; 1983, No. 402, § 1; A.S.A. 1947, § 80-1304; Acts 1993, No. 294, § 11; 1995, No. 233, § 7; 1999, No. 1078, § 68; 2003, No. 671, § 2.

Case Notes

Cited: Western Grove Sch. Dist. v. Strain, 288 Ark. 507, 707 S.W.2d 306 (1986).

6-17-919. Warrants void without valid license and contract.

  1. All warrants issued in payment of teachers' salaries are void unless:
    1. The teacher is:
      1. Licensed to teach in the State of Arkansas by a license issued by the State Board of Education; or
      2. A substitute teacher employed under § 6-15-1004 and rules of the State Board of Education;
    2. The teacher has been employed by a valid written contract; and
    3. Copies of such contract are on file in the office of the county treasurer or the school district treasurer if the school district has its own treasurer.
    1. The school district superintendent and the superintendent's surety shall be liable for any warrants that he or she countersigns in payment of teachers' salaries unless and until the state board has issued a valid license or the Division of Elementary and Secondary Education has provided the documentation required by subdivision (a)(1)(B) of this section.
    2. An online copy that is accessible on a website designated by the division is sufficient evidence of the issuance of a valid license or the documentation required by subdivision (a)(1)(B) of this section.
  2. The county treasurer, or the school district treasurer if the school district has its own treasurer, and his or her surety shall be liable for all warrants in payment of teachers' salaries that he or she pays unless and until there is a valid contract on file in his or her office.

History. Acts 1941, No. 319, § 4; 1959, No. 455, § 1; 1961, No. 63, § 1; 1973, No. 496, § 2; 1983, No. 402, § 1; A.S.A. 1947, § 80-1304; Acts 1993, No. 294, § 11; 1995, No. 233, § 8; 1995, No. 1296, § 20; 1999, No. 1078, § 69; 2007, No. 710, § 4; 2013, No. 454, § 5; 2017, No. 745, § 24; 2019, No. 910, § 1465.

Amendments. The 2013 amendment substituted “teacher is a substitute teacher employed under § 6-15-1004 and rules of the State Board of Education” for “public school district … department in the documentation” in (a)(1)(B).

The 2017 amendment redesignated former (b) as (b)(1); substituted “Department of Education” for “department” in (b)(1); and added (b)(2).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(1); and substituted “division” for “department” in (b)(2).

Case Notes

Contract.

The requirement that teachers shall be employed by written contract is mandatory. Johnson v. Wert, 225 Ark. 91, 279 S.W.2d 274 (1955).

Teacher's rights were governed by contract and former statute, not by “an expectancy of continued employment” by school district. Corbin v. Special Sch. Dist., 250 Ark. 357, 465 S.W.2d 342 (1971).

Where neither the secretary of the board nor a majority of the members of the board had signed principal's proposed renewal contract, no contract had been created. Morton v. Hampton School Dist., 16 Ark. App. 264, 700 S.W.2d 373 (1985).

Liability of School Principal.

It cannot be held as a matter of law that this section and §§ 6-13-620 and 6-17-302 absolutely bar an action against a school principal for damages allegedly caused by his actions in excess of his authority. Hart v. Bridges, 30 Ark. App. 262, 786 S.W.2d 589 (1990).

License.

A teacher was not rendered ineligible to teach because, for a period before the beginning of the school term between the time her old license expired and the time she received a new license, she had no valid license. Wabbaseka School Dist. v. Johnson, 225 Ark. 982, 286 S.W.2d 841 (1956).

Cited: Shelton v. McKinley, 174 F. Supp. 351 (E.D. Ark. 1959); Freeman v. Gould Special Sch. Dist., 405 F.2d 1153 (8th Cir. 1969); Jennings v. Dumas Pub. Sch. Dist., 763 F.2d 28 (8th Cir. 1985).

6-17-920. [Repealed.]

Publisher's Notes. This section, concerning examination of teachers' contracts, was repealed by Acts 2007, No. 710, § 5. The section was derived from Acts 1941, No. 319, § 6; 1943, No. 136, § 4; A.S.A. 1947, § 80-1306; Acts 1993, No. 294, § 11; 1995, No. 233, § 9; 1999, No. 1078, § 70.

6-17-921. [Repealed.]

Publisher's Notes. This section, concerning checking certain county treasurers' records, was repealed by Acts 1995, No. 233, § 21. The section was derived from Acts 1941, No. 319, § 6; 1943, No. 136, § 4; 1949, No. 451, § 5; A.S.A. 1947, § 80-1306; Acts 1993, No. 294, § 11.

6-17-922. [Repealed.]

Publisher's Notes. This section, concerning checking certain districts' financial transactions, was repealed by Acts 1993, No. 294, § 11. The section was derived from Acts 1941, No. 319, § 6; 1943, No. 136, § 4; A.S.A. 1947, § 80-1306.

Subchapter 10 — Minimum Salaries for Teachers

6-17-1001 — 6-17-1004. [Repealed.]

Publisher's Notes. This subchapter, concerning minimum salaries for teachers, was repealed by Acts 2003 (2nd Ex. Sess.), No. 59, § 5, and Acts 2003 (2nd Ex. Sess.), No. 74, § 3. The subchapter was derived from the following sources:

6-17-1001. Acts 1989, No. 581, §§ 1, 2; 1991, No. 977, § 1; 1995, No. 917, § 8; 1995, No. 1194, § 24; 1997, No. 802, §§ 1-3; 1999, No. 1318, § 1; 1999, No. 1499, § 1; 2001, No. 1220, § 2; 2003, No. 1768, § 1.

6-17-1002. Acts 1991, No. 977, § 1.

6-17-1003. Acts 1991, No. 977, § 1.

6-17-1004. Acts 1999, No. 1499, § 2.

Former §§ 6-17-10016-17-1005, concerning “The Teachers' Minimum Salary Law”, were repealed by Acts 1989, No. 581, § 3. The former sections were derived from the following sources:

6-17-1001. Acts 1965, No. 163, § 1; A.S.A. 1947, § 80-1325.

6-17-1002. Acts 1965, No. 163, § 2; A.S.A. 1947, § 80-1326.

6-17-1003. Acts 1965, No. 163, § 2; A.S.A. 1947, § 80-1326.

6-17-1004. Acts 1965, No. 163, § 3; A.S.A. 1947, § 80-1327.

6-17-1005. Acts 1965, No. 163, § 4; A.S.A. 1947, § 80-1328.

Subchapter 11 — Insurance

Effective Dates. Acts 1977, No. 834, § 17: Mar. 28, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is essential that the State of Arkansas offer and provide insurance programs that will effectively serve the needs of public school employees; that such insurance programs are of great assistance in recruiting permanent personnel for the various school districts; that a program of this nature would greatly enhance the morale and well-being of the employees of public school districts; that many school districts are too small to qualify for ‘group insurance programs’; that such a program will benefit school employees to a degree much greater than the cost to the State; and that the Committee established herein will need several months to develop and implement such a program. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after the date of its passage and approval.”

Acts 1983, No. 566, § 3: July 1, 1983. Effective date clause provided: “The effective date of this Act shall be July 1, 1983.

Acts 1985 (1st Ex. Sess.), No. 10, § 2: June 22, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that the medical hospitalization insurance program established by law for teachers in this State and their dependents needs clarification in order to enable such dependents who are receiving benefits from the Teacher Retirement System to continue to receive coverage under such insurance group upon the death of the active member of the System on whose policy they were receiving group insurance coverage; and that the immediate passage of this Act is necessary to clarify the laws governing such group insurance programs to accomplish such purpose. Therefore, an emergency is hereby declared to exist, and this Act being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1985 (1st Ex. Sess.), No. 19, § 2: June 26, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that the medical hospitalization insurance program established by law for teachers in this State and their dependents needs clarification in order to enable such dependents who are receiving benefits from the Teacher Retirement System to continue to receive coverage under such insurance group upon the death of the active member of the System on whose policy they were receiving group insurance coverage; and that the immediate passage of this Act is necessary to clarify the laws governing such group insurance programs to accomplish such purpose. Therefore, an emergency is hereby declared to exist, and this Act being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 276, § 5: Feb. 28, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that throughout the state some confusion has arisen concerning the establishment of the self-insurance fund for civil liability of certain school employees; that the immediate enactment of this bill upon its passage is necessary to clarify the intent of this fund. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 855, § 8: Apr. 2, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the current law relating to the Public School Employees Insurance Program are in need of revision to protect the soundness of the program and there is an urgent need to reconstitute the Advisory Committee to assure that various interests are represented on the Committee; and that this act is designed to effectuate such urgently needed changes and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 1194, § 38: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1997, No. 1012, § 12: Apr. 2, 1997. Emergency clause provided: “It is found and determined by the General Assembly that the immediate passage of this Act is necessary for the establishment of a registered volunteers program whereby local school districts can utilize the services of qualified volunteers in certain extracurricular and interscholastic activities and that any delay will cause irreparable harm to those students who will be unable to participate in extracurricular and interscholastic activities during the current school year and each year thereafter because school districts cannot afford to pay certified teachers to sponsor the activities or there are no certified teachers available to act as sponsors. Therefore, an emergency is declared to exist and this Act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 1745, § 2: July 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly that the state of Arkansas is experiencing a critical shortage of teachers; that the critical shortage is caused in part by non-competitive salaries and benefits for teachers in Arkansas; and that the state is facing a pressing need to improve benefits for teachers prior to the beginning of the 2001-2002 school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 2001.”

Act 2005, No. 1842, § 2: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the cost of insurance coverage can be an impediment to teachers pursuing a career in the public school system; that school districts more easily recruit and maintain quality teachers if health insurance benefits are improved; and that this act will provide such necessary improvements to current benefits coinciding with the beginning of the fiscal year and school year. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2005.”

Identical Acts 2006 (1st Ex. Sess.), Nos. 24 and 25, § 2: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court declared the public school funding system to be inadequate and that the public schools are operating under a constitutional infirmity which must be corrected immediately; that to correct the constitutional infirmity and to ensure adequate funding for public education, the General Assembly should act to reduce the disparity in health insurance benefits within a school district; and that this act is necessary to allow school districts sufficient time to make all necessary adjustments. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 229, § 32: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2007 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2007 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2007.”

Acts 2007, No. 306, § 2: Mar. 16, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that classified employees in public school districts who receive higher employer contribution rates than certified employees of the school district may suffer an unintended reduction in the employer contributions for their public school employees' health insurance benefits under the application of current law; that this act remedies the unintended consequence of prior law and protects the employer contribution rate for those classified employees until a higher rate is paid to certified employees; and that this act is immediately necessary to establish the earliest possible date for the protection of these benefits. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 1420, § 42: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2007 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2007 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2007.”

Acts 2011, No. 993, § 18: Apr. 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state's constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public charter schools; and that this act is immediately necessary so that the affected public charter schools will receive the amount of funding provided under this act for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Identical Acts 2014 (2nd Ex. Sess.), Nos. 2 and 7, § 4, provided: “Sections 2 and 3 of this act are effective on and after January 1, 2015.”

Acts 2017, No. 298, § 2: July 1, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the effectiveness of this act on July 1, 2017, is essential to finance the operations of state government; that in the event of an extension of the legislative session or any other delay in the effective date of this act beyond July 1, 2017, could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2017.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-17-1101 — 6-17-1108. [Repealed.]

A.C.R.C. Notes. The repeal of § 6-17-1103 by Acts 1995, No. 1206, § 9, superseded the amendment of § 6-17-1103 by Acts 1995, No. 1296, § 21. The amendment by Acts 1995, No. 1296, § 21, clarified a reference to a term of office in subsection (c).

The repeal of § 6-17-1108 by Acts 1995, No. 1206, § 9, superseded the amendment of § 6-17-1108 by Acts 1995, No. 782, § 1.

Publisher's Notes. Section 6-17-1101, concerning the supervisor of the Public School Employees Insurance Section, was repealed by Acts 1995, No. 1206, § 9. The section was derived from Acts 1977, No. 834, §§ 6, 8; A.S.A. 1947, §§ 80-5106, 80-5108.

Section 6-17-1102, concerning the Public School Insurance Advisory Committee, was deemed to be repealed by Acts 1995, No. 1206, § 9. The section was derived from Acts 1977, No. 834, § 1; A.S.A. 1947, § 80-5101.

Sections 6-17-1103 — 6-17-1108, concerning committee members; committee organization; meetings and hearings; rules, reports, etc; appointment of subcommittees; powers and duties, were repealed by Acts 1995, No. 1206, § 9. The sections were derived from the following sources:

6-17-1103. Acts 1977, No. 834, §§ 2-5; A.S.A. 1947, §§ 80-5102 — 80-5105; Acts 1993, No. 855, § 1; 1995, No. 1296, § 21.

6-17-1104. Acts 1977, No. 834, § 7; A.S.A. 1947, § 80-5107.

6-17-1105. Acts 1977, No. 834, § 7; A.S.A. 1947, § 80-5107.

6-17-1106. Acts 1977, No. 834, § 7; A.S.A. 1947, § 80-5107.

6-17-1107. Acts 1977, No. 834, § 7; A.S.A. 1947, § 80-5107.

6-17-1108. Acts 1977, No. 834, § 9; A.S.A. 1947, § 80-5109; Acts 1993, No. 855, § 2; 1995, No. 782, § 1.

6-17-1109. Life and disability insurance — Notice, evaluation, and approval of bid proposals.

  1. Before selecting a policy or entering into an agreement with an insurance company for the providing of life or disability insurance for public school employees as authorized in this subchapter, the State and Public School Life and Health Insurance Board shall publicize, by inserting in one (1) or more newspapers having a general circulation in the State of Arkansas, notice that bid proposals for the providing of life or disability insurance for public school employees will be received by the board on the date and at the place stated in the notice.
  2. The notice shall be published by two (2) insertions with the first insertion to be at least thirty (30) days before the date for receiving bids and with the second insertion to be not later than two (2) weeks before the date for receiving bids.
    1. The board shall open all bids in a public meeting at the time and place established in the notice for receiving bid proposals.
    2. All bids so opened shall be made available for public inspection.
    1. The board shall evaluate each bid proposal according to the uniform criteria established by the Insurance Commissioner for evaluating benefits in relation to premiums to be charged for the benefits.
    2. The board shall also determine that each insurance company submitting a bid meets the minimum standards for financial solvency and ability to provide services as promulgated by the commissioner.
  3. After reviewing all bids, the board may approve the policy proposal with the insurance company that the board determines has submitted the bid with the best benefit coverage in relation to the premiums to be paid, as the board determines to be in the best interest of the public school employees' life or disability program.
  4. A bid contract shall be for a minimum of five (5) years.
  5. However, the board may reject any bid and readvertise for bids as set forth in this section.

History. Acts 1977, No. 834, § 10; A.S.A. 1947, § 80-5110; Acts 1993, No. 855, § 3; 2009, No. 376, § 30.

Amendments. The 2009 amendment substituted “board” for “committee” throughout the section; substituted “State and Public School Life and Health Insurance Board” for “committee” in (a); subdivided (c) and (d); and made related and minor stylistic changes.

6-17-1110. [Repealed.]

Publisher's Notes. This section, concerning life and disability insurance and payment of premiums from state and local funds, was repealed by Acts 1995, No. 1206, § 9. The section was derived from Acts 1977, No. 834, § 11; A.S.A. 1947, § 80-5111.

6-17-1111. [Repealed.]

Publisher's Notes. This section, concerning employee eligibility and allocation of costs for life and disability insurance, was repealed by Identical Acts 2014 (2nd Ex. Sess.), Nos. 2 and 7, § 2. The section was derived from Acts 1977, No. 834, § 12; 1983, No. 321, § 1; A.S.A. 1947, § 80-5112; Acts 1987, No. 632, § 1; 2009, No. 376, § 31; 2011, No. 989, § 54; 2013, No. 1138, § 37.

6-17-1112. Life and disability insurance — Members of retirement systems.

  1. Members of the Arkansas Teacher Retirement System and the Arkansas Public Employees' Retirement System who have rendered, or shall render, service as employees of the public schools who hereafter retire and receive retirement benefits under such systems shall be eligible to participate in the group insurance program administered by the Employee Benefits Division of the Department of Finance and Administration under the provisions of this subchapter and other laws enacted to implement such programs, provided that such persons are participating in the group insurance program at the time of retirement.
    1. In addition, upon the death of an active member of the Arkansas Teacher Retirement System, the survivors of such member who are eligible for or are receiving an annuity under the Arkansas Teacher Retirement System and who were covered on the active member's health insurance policy at the time of death shall have the option of continuing to be a member of such insurance group at the prevailing rates established for members of the Arkansas Teacher Retirement System, upon application for such coverage.
    2. Upon the death of a retired member of the Arkansas Teacher Retirement System, a survivor of a member who was receiving an annuity under the Arkansas Teacher Retirement System and who was covered on the member's health insurance policy at the time of the member's death shall have the option of continuing to be a member of the insurance group at the prevailing rates established for the members of the Arkansas Teacher Retirement System upon application for the coverage.
    1. A person drawing retirement benefits under the Arkansas Teacher Retirement System and the Arkansas Public Employees' Retirement System who elects to participate or continue to participate in the group insurance program provided by the division shall pay the retiree portion of the premium or cost of the policy.
    2. The retiree portion of the premium or cost shall be deducted from the retirement benefit check of the participant.
  2. To the extent that funding is appropriated and available for this purpose, the retiree portion of the premium or cost of a health insurance policy under this section for a member of the Arkansas Teacher Retirement System who is not Medicare primary shall not exceed the retiree portion of the premium or cost of a health insurance policy under this section for a member of the Arkansas Public Employees' Retirement System who is not Medicare primary.
    1. The state may make a monthly contribution on behalf of the members who participate in the Arkansas Teacher Retirement System and the Arkansas Public Employees' Retirement System group insurance program provided by the division multiplied by the amount necessary to meet the requirement of subsection (d) of this section.
    2. The state contribution amount shall not exceed the state contribution amount permitted by law for state contributions for members and retirees of the Arkansas Teacher Retirement System and the Arkansas Public Employees' Retirement System to the division for the benefit of state employees as provided in § 21-5-414.
    3. The Department of Finance and Administration may make a monthly contribution to partially defray the cost of the group insurance provided in this section utilizing funds made available for that purpose, not to exceed the amount authorized by law.

History. Acts 1977, No. 834, § 12; 1985 (1st Ex. Sess.), No. 10, § 1; 1985 (1st Ex. Sess.), No. 19, § 1; A.S.A. 1947, § 80-5112; Acts 2009, No. 1172, § 1.

Amendments. The 2009 amendment substituted “administered by the Employee Benefits Division of the Department of Finance and Administration under” for “instituted pursuant to” in (a); inserted (b)(2) and redesignated the existing text of (b) as (b)(1) and (c); in (b)(1), deleted “or a retired member” following “active member,” and inserted “or are receiving” and “health insurance”; in (c)(1), substituted “by the Employee Benefits Division of the Department of Finance and Administration” for “for herein,” and substituted “retiree portion” for “full amount”; added (d) and (e); and made related and minor stylistic changes.

Cross References. Public employees' retirement, § 24-4-101 et seq.

Teachers' retirement, § 24-7-201 et seq.

6-17-1113. School Worker Defense Program.

    1. The Division of Elementary and Secondary Education shall establish a School Worker Defense Program for the protection under subdivision (a)(2) of this section of:
      1. Education service cooperatives;
      2. Education service cooperative board members;
      3. School districts;
      4. Public charter schools;
      5. School district board members;
      6. School treasurers and bookkeepers;
      7. School nurses;
      8. School secretaries;
      9. Substitute teachers;
      10. Authorized volunteers;
      11. Volunteers in a registered volunteers program;
      12. School custodians;
      13. Food service workers employed by public schools;
      14. Bus drivers and mechanics employed by public schools;
      15. Maintenance personnel employed by public schools;
      16. Each employee of the following who is required to hold an educator license issued by the division:
        1. A public school district;
        2. The Arkansas School for Mathematics, Sciences, and the Arts;
        3. The Arkansas School for the Deaf; and
        4. The Arkansas School for the Blind;
      17. A public charter school teacher;
      18. Each teacher's aide and each student teacher:
        1. In a public school district;
        2. In a public charter school;
        3. In the Arkansas School for Mathematics, Sciences, and the Arts;
        4. In the Arkansas School for the Deaf; and
        5. In the Arkansas School for the Blind; and
      19. Each member of the dormitory staff of:
        1. The Arkansas School for Mathematics, Sciences, and the Arts;
        2. The Arkansas School for the Deaf; and
        3. The Arkansas School for the Blind.
      1. This section provides protection against civil liability, attorney's fees, and costs of defense for acts or omissions of each employee or volunteer in the performance of his or her duties as a volunteer or his or her official duties as a school employee, including without limitation civil liability for administering corporal punishment to students, in the amount of two hundred fifty thousand dollars ($250,000) for incidents that occurred before July 1, 1999, and one hundred fifty thousand dollars ($150,000) for each incident that occurs after June 30, 1999.
      2. An employee or volunteer who administers corporal punishment to a child who is intellectually disabled, nonambulatory, nonverbal, or autistic is not subject to the protection against civil liability, attorney's fees, and costs of defense under subdivision (a)(2)(A) of this section.
    1. The program is further authorized to provide limited financial reimbursement not to exceed five thousand dollars ($5,000) for attorney's fees and costs for the defense of criminal charges if the covered person is exonerated by a court of law or if all charges are subsequently withdrawn or dismissed unless:
      1. Withdrawal or dismissal of the criminal charges is conditioned upon termination of employment or surrender of a professional license; or
      2. The covered person enters a plea of guilty or nolo contendere to the criminal charges.
    2. The School Worker Defense Program Advisory Board may authorize reimbursement under this subsection in excess of five thousand dollars ($5,000) in matters that the advisory board finds to require extraordinary attorney's fees and costs.
    1. The cost of the program shall be paid annually out of funds in the Public School Fund that are designated for that specific purpose.
    2. Any school districts previously covered by or moneys expended pursuant to the self-insurance program of the division or the School Worker Defense Program shall be deemed a proper expenditure of state funds.
  1. The investigation of any incident or the defense of any protected person does not waive or forfeit any immunity or authorization to provide for hearing and settling claims extended to educational entities and their personnel by the laws of the State of Arkansas.
    1. The defense fund and protection program authorized in this section shall be a part of and administered by the division.
    2. The division shall adopt appropriate rules necessary to carry out the purposes of this section.
  2. Any person entitled to payment under the program may appeal the decision of the division to the advisory board.

History. Acts 1977, No. 585, §§ 1, 2, 4; 1983, No. 566, § 1; A.S.A. 1947, §§ 80-113.1 — 80-113.3; Acts 1987, No. 612, § 1; 1989, No. 274, § 1; 1991, No. 276, § 1; 1993, No. 355, § 1; 1997, No. 948, § 1; 1997, No. 1012, § 7; 1997, No. 1305, § 1; 1999, No. 540, § 1; 2011, No. 993, § 1; 2013, No. 1073, §§ 25, 26; 2013, No. 1138, § 38; 2019, No. 315, § 232; 2019, No. 557, § 3[2]; 2019, No. 910, §§ 1466-1469.

Amendments. The 2011 amendment redesignated former (a) as present (a)(1); inserted “under subdivision (a)(2) of this section” in the introductory language of (a)(1); redesignated former (a)(1) through (a)(17) as (a)(1)(A) through (a)(1)(S); inserted (a)(1)(D); added “the following who is required to hold a teaching certificate issued by the department” in the introductory language of (a)(1)(P); deleted “who is required to hold a teaching certificate issued by the department” following “Blind” in (a)(1)(P)(iv); inserted (a)(1)(Q); added the (a)(2) designation; and added “This section provides protection” at the beginning of (a)(2).

The 2013 amendment by No. 1073, in (b)(1), deleted “such withdrawal” following “unless” and inserted designation (A) and added (B).

The 2013 amendment by No. 1138 substituted “an educator license” for “a teaching certificate” in (a)(1)(P).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (e)(2).

The 2019 amendment by No. 557 added the (a)(2)(A) designation and added (a)(2)(B); inserted “without limitation” in (a)(2)(A); and made stylistic changes.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “division” for “department” in (c)(2), twice in (e), and in (f).

Research References

U. Ark. Little Rock L.J.

Survey—Insurance, 10 U. Ark. Little Rock L.J. 587.

Case Notes

Negligent Acts.

This section authorizes and directs the Arkansas Department of Education to establish a self-insurance fund or procure insurance policies to insure school district employees against acts or omissions from which they have not traditionally been immune, i.e., civil rights claims under federal legislation and intentional or malicious acts or omissions. Therefore, the Arkansas Department of Education was not statutorily required to insure against the negligent acts of school district employees. Waire v. Joseph, 308 Ark. 528, 825 S.W.2d 594 (1992).

This section does not require the procurement of insurance for acts of negligence. Deitsch v. Tillery, 309 Ark. 401, 833 S.W.2d 760 (1992).

Cited: Doe v. Baum, 348 Ark. 259, 72 S.W.3d 476 (2002); Helena-West Helena Sch. Dist. v. Monday, 361 Ark. 82, 204 S.W.3d 514 (2005).

6-17-1114. Cooperation.

It is the duty of the State and Public School Life and Health Insurance Board, the Supervisor of the Public School Employees Insurance Section and the insurance section employees, the Division of Elementary and Secondary Education, and each public school district and their officers and employees:

  1. To cooperate with one another, when called upon to do so, in all such reasonable ways as will assist or further the objectives of the board by making available records and statistical or other data or information to provide legal and actuarial advice; and
  2. If required, to occasionally make available the services of their officers and employees.

History. Acts 1977, No. 834, § 13; A.S.A. 1947, § 80-5113; Acts 2009, No. 376, § 32; 2019, No. 910, § 1470.

Amendments. The 2009 amendment substituted “State and Public School Life and Health Insurance Board” for “committee” in the introductory language; substituted “board” for “committee” in (1); and made minor stylistic changes.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education”.

6-17-1115. Group insurance for independent school districts.

  1. The employees of an independent school district may be insured under a group insurance policy issued to and procured by an independent school district to insure the employees of an independent school district for the benefit of the employees of an independent school district subject to the following requirements:
    1. The employees eligible for insurance under the group insurance policy shall all be employees of the school district or all of any class determined by conditions pertaining to their employment; and
    2. The premium for the policy shall be paid by the policyholder from funds contributed wholly by the insured employees, except that:
      1. The employer may deduct from the employees' salaries the required contributions for the premiums when authorized in writing by the respective employees to do so; and
      2. The premium for the policy may be paid for the policyholder wholly or partly from funds of the school district.
  2. As used in this section, “group insurance” shall be as described by § 23-83-101 et seq., § 23-86-101, and group contracts or policies that provide disability income insurance, specified disease insurance, hospital indemnity insurance, long-term care insurance, or accident-only insurance to groups described under § 23-86-106.

History. Acts 1971, No. 99, §§ 1, 2; A.S.A. 1947, §§ 80-465, 80-466; Acts 2015, No. 1183, § 1.

Amendments. The 2015 amendment substituted “group insurance” for “group disability insurance” in the section heading and throughout the section; in the introductory language of (a), substituted “an independent” for “any independent” four times, and inserted “and procured by”; and rewrote (b).

6-17-1116. [Repealed.]

Publisher's Notes. This section, concerning school bus drivers, was repealed by identical Acts 2014 (2nd Ex. Sess.), Nos. 2 and 7, § 3. The section was derived from Acts 1991, No. 736, §§ 1; 2001, No. 321, § 1; 2001, No. 1253, § 1.

6-17-1117. Health insurance — Definition.

    1. Beginning on January 1, 2014, a school district shall pay the health insurance contribution rate of one hundred fifty dollars ($150) per month for each eligible employee electing to participate in the public school employees' health insurance program.
    2. The minimum contribution rate under subdivision (a)(1) of this section shall increase annually by the same percentage that the legislature increases the per-student foundation funding amount under § 6-20-2305.
      1. Unless exempt under subdivision (a)(5) of this section, the local contribution rate of a school district shall also increase by the same percentage that a school district increases the base salary for licensed personnel under the licensed salary schedule adopted by the school district.
      2. As used in this section, “local contribution rate” means the minimum rate required under subdivision (a)(1) of this section in addition to the contribution amount a school district provides for health insurance above that minimum contribution rate.
    3. A change to the local contribution rate under subdivision (a)(3) of this section is effective for the plan year after the change to the licensed salary schedule is adopted by a school district.
    4. A school district is not required to increase the local contribution rate as directed under subdivision (a)(3) of this section if the school district:
      1. Is required to raise the base salary of licensed personnel due to an increase in the minimum teacher compensation schedule under § 6-17-2403;
      2. Has a participation rate of seventy-five percent (75%) or more of all eligible personnel participating in the public school employees' health insurance program; or
      3. Has a local contribution rate of one hundred twenty-five percent (125%) or more of the minimum contribution rate required under this subsection.
      1. The Division of Elementary and Secondary Education shall pay the Employee Benefits Division a minimum of sixty-one dollars ($61.00) per month for each eligible employee electing to participate in the public school employees' health insurance program administered by the State and Public School Life and Health Insurance Board.
      2. The Division of Elementary and Secondary Education shall make the total contributions under subdivision (b)(1)(A) of this section by transferring fifty-five million dollars ($55,000,000) to the Employee Benefits Division in twelve (12) equal monthly installments.
    1. The funds provided to the Employee Benefits Division under this subsection shall be administered by the board for the benefit of the employee participants of the public school employees' health insurance program.
      1. In the event that appropriation or funding is not provided, the Division of Elementary and Secondary Education shall not be responsible for the increased payments for the public school employees' health insurance program as established by this section.
      2. If funding and appropriation are provided but are inadequate for the total number of employees electing to participate in the public school employees' health insurance program, the Division of Elementary and Secondary Education shall pay a proportional share on behalf of each participant.
      3. If funding and appropriation are provided and exceed the amount needed to make the minimum contribution under subdivision (b)(1)(A) of this section, the Division of Elementary and Secondary Education shall pay a proportional share of the excess on behalf of each participant.
    1. A school district shall:
      1. Provide the same employer-provided health insurance benefits for all full-time school district employees; and
      2. Pay the same employer contribution rate for each eligible employee electing to participate in the public school employees' health insurance program.
    2. If a school district entered into a contract with a superintendent, teacher, or other employee before April 11, 2006, and the contract provides for a higher employer contribution rate than is paid for a majority of the licensed personnel in the school district, then the school district may continue to pay the higher contribution rate as provided under the existing contract but not under extensions, addendums, or new contracts created after April 11, 2006, without increasing all other employees to the same rate.
    3. Any school district that entered into contracts with classified personnel before July 31, 2007, and the contracts provided for a higher employer contribution funding amount than is paid for licensed personnel in the school district shall freeze the employer contribution funding amount for classified employees until such time as the funding amount contributed for licensed personnel equals or exceeds the funding amount provided for classified employees.

History. Acts 1995, No. 1194, § 14; 2001, No. 1745, § 1; 2005, No. 1842, § 1; 2006 (1st Ex. Sess.), No. 24, § 1; 2006 (1st Ex. Sess.), No. 25, § 1; 2007, No. 229, § 28; 2007, No. 306, § 1; 2007, No. 1009, § 18; 2007, No. 1420, § 32; 2013, No. 517, § 1; 2013, No. 1138, § 39; 2015, No. 995, § 1; 2017, No. 298, § 1; 2017, No. 741, §§ 2, 3; 2019, No. 910, § 1471.

A.C.R.C. Notes. As enacted, this section ended:

“Furthermore, beginning with the 1996-97 fiscal year, the appropriation contained herein for Public School Employee Insurance shall be used to provide the state contribution for insurance premiums for employees of the Cooperative Education Services Areas, Vocational Centers and the school operated by the Department of Correction.”

Acts 2011, No. 855, § 1, provided:

“Legislative Findings.

“The General Assembly finds that:

“(1) Morbid obesity causes many medical problems and costly health complications, such as diabetes, hypertension, heart disease, and stroke;

“(2) The cost of managing the complications of morbid obesity, largely due to inadequate treatment, far outweighs the cost of expeditious, effective medical treatment;

“(3) Guidelines developed by the National Institutes of Health, the American Society for Bariatric Surgery, the American Obesity Association, and Shape Up America and embraced by the American Medical Association and the American College of Surgeons recommend that patients who are morbidly obese receive responsible, affordable medical treatment for their obesity; and

“(4) The diagnosis and treatment of morbid obesity should be a clinical decision made by a physician based on evidence-based guidelines.”

Acts 2011, No. 855, § 2, provided:

“Definitions. As used in this subchapter:

“(1) ‘Body mass index’ means body weight in kilograms divided by height in meters squared; and

“(2)(A) ‘Morbid obesity’ means a weight that is at least two (2) times the ideal weight for frame, age, height, and gender of an individual as determined by an examining physician.

“(B) Morbid obesity may be measured as a body mass index:

“(i) Equal to or greater than thirty-five kilograms per meter squared (35 kg/m2) with comorbidity or coexisting medical conditions such as hypertension, cardiopulmonary conditions, sleep apnea, or diabetes; or

“(ii) Greater than forty (40) kilograms per meter squared (40 kg/m2).”

Acts 2011, No. 855, § 3, as amended by identical Acts 2014 (2nd Ex. Sess.), Nos. 3 and 6, § 10, and as amended by Acts 2017, No. 927, § 1, provided:

“Pilot Program on coverage for morbid obesity diagnosis and treatment.

“(a)(1)(A) A state and public school employees health benefit plan that is offered, issued, or renewed on or after January 1, 2012, shall offer coverage for the diagnosis and treatment of morbid obesity.

“(B) The cost of coverage for the diagnosis and treatment of morbid obesity offered under subdivision (a)(1)(A) of this section shall not exceed:

“(i) Three million dollars ($3,000,000) annually for the Arkansas State Employees Health Benefit Plan; or

“(ii) Three million dollars ($3,000,000) annually for the Arkansas Public school Employees Health Benefit Plan.

“(2) The coverage for morbid obesity offered under subdivision (a)(1) of this section includes without limitation coverage for bariatric surgery including:

“(A) Gastric bypass surgery;

“(B) Adjustable gastric banding surgery;

“(C) Sleeve gastrectomy surgery; and

“(D) Duodenal switch biliopancreatic diversion.

“(b) The coverage for morbid obesity diagnosis and treatment offered under this section does not diminish or limit benefits otherwise allowable under a state and public school employees health benefit plan.

“(c) The State and Public School Life and Health Insurance Board may discontinue or suspend a plan option offered under subsection (a) of this section if the board determines adjustments are necessary to ensure the financial soundness and overall well-being of the State and Public School Life and Health Insurance Program.”

Acts 2011, No. 855, § 4, provided: “Rules. The State and Public School Life and Health Insurance Board shall adopt rules to implement this subchapter.”

Acts 2011, No. 855, § 5, as amended by Acts 2017, No. 927, § 2 provided: “This act shall become null and void and cease to have any effect on and after midnight on December 31, 2021.”

Amendments. The 2013 amendment by No. 517, in (a)(1), substituted “Beginning on January 1, 2014, a school district” for “Beginning on October 1, 2004, local school districts” and “one hundred fifty dollars ($150)” for “one hundred thirty-one dollars ($131)”; and added (a)(2).

The 2013 amendment by No. 1138 substituted “licensed” for “certified” in (c)(2) and twice in (c)(3).

The 2015 amendment, in (a)(2), substituted “minimum contribution rate under subdivision (a)(1) of this section” for “contribution rate under this subsection (a)” and deleted “salary and benefit component of the” preceding “per-student”; and added (a)(3) through (a)(5).

The 2017 amendment by No. 298 substituted “fifty-five million dollars ($55,000,000) to the division in twelve (12)” for “thirty-five million dollars ($35,000,000) to the division in eleven (11)” in (b)(1)(B).

The 2017 amendment by No. 741, in (a)(3)(B), substituted “minimum” for “contribution amount a school district provides for health insurance above the minimum contribution”, and added “in addition to the contribution amount a school district provides for health insurance above that minimum contribution rate” at the end; and inserted “rate” in the introductory language of (a)(5).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout (b); deleted “of the Department of Finance and Administration” following “Employee Benefits Division” in (b)(1)(A); and substituted “Employee Benefits Division” for “division” in (b)(1)(B) and (b)(2).

6-17-1118. School Worker Defense Program Advisory Board.

  1. The School Worker Defense Program Advisory Board is created. The board shall be composed of seven (7) members as follows:
    1. The Executive Director of the Arkansas Association of Educational Administrators or his or her designee;
    2. The President of the Arkansas Rural Ed Association or his or her designee;
    3. The Executive Director of the Arkansas School Boards Association or his or her designee;
    4. The Executive Director of the Arkansas Education Association or his or her designee;
    5. The designee of the Attorney General;
    6. The Secretary of the Department of Finance and Administration or his or her designee; and
      1. The Commissioner of Elementary and Secondary Education or his or her designee.
      2. Provided, however, no employee of the Division of Elementary and Secondary Education who is charged with administering the defense fund and protection program shall be eligible to serve as the designee of the commissioner.
  2. Members of the board shall biannually elect a chair, a vice chair, and a secretary from the membership of the board, whose duties shall be those customarily exercised by those officers or specifically designated by the board.
    1. The board shall meet within the State of Arkansas and may meet as often as it deems necessary for the purpose of carrying out its duties under the provisions of this section.
    2. A majority of the members of the board shall constitute a quorum for the purpose of a meeting.
    1. The board shall have final authority to hear and adjudicate any appeal filed by a school worker for protection against liability pursuant to § 6-17-1113.
    2. In an emergency situation, the chair of the board may approve payment of a claim without a meeting of the board.
    1. The Division of Elementary and Secondary Education may promulgate rules as necessary for the proper administration of this section to establish the board.
    2. The Division of Elementary and Secondary Education shall provide support staff for the board.

History. Acts 1999, No. 540, § 2; 2019, No. 315, § 233; 2019, No. 910, §§ 1472, 1473.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (e)(1).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(6); substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a)(7)(A); and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(7)(B) and twice in (e).

Subchapter 12 — The Teachers' Minimum Sick Leave Law

Effective Dates. Acts 1975, No. 177, § 2: Feb. 18, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that a number of schoolteachers who move from the district where they were formerly employed and accept employment in another school district often lose credit for accumulated sick leave in the school district of former employment, which imposes undue hardship upon the teacher in the new school district, and that it is essential to the efficient operation of the public schools in this State that public schoolteachers employed in this State shall not lose credit for accumulated sick leave when said teachers move or transfer to another school district, and that the immediate passage of this Act is necessary to correct this situation. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 2013 (1st Ex. Sess.), No. 2, § 5: July 1, 2014. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Public School Insurance Trust Fund is inadequate to provide affordable health insurance for public school employees; changes to the funding system for public school employee health insurance is necessary to ensure a stable and affordable program of health insurance plan options; and that this act is necessary to provide additional funding for public school employee health insurance. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2014.”

6-17-1201. Title.

The title of this subchapter shall be “The Teachers' Minimum Sick Leave Law”.

History. Acts 1971, No. 137, § 1; 1975, No. 386, § 1; A.S.A. 1947, § 80-1249.

6-17-1202. Definitions.

As used in this subchapter:

  1. “Accumulated sick leave” means the total number of days of unused sick leave that a teacher has to his or her credit;
  2. “Immediate family” means the teacher's:
    1. Spouse;
    2. Child;
    3. Parent; or
    4. Any other relative if the other relative lives in the same household as the teacher;
  3. “Month or major portion thereof” means twelve (12) or more working days in a calendar month, including all professional development days required by the school district that count toward the hours of required professional development for a teacher;
  4. “Sick leave” means absence with full pay from one's duties in a public school for personal illness or illness in one's immediate family, except for an absence due to personal injury resulting from either an assault or other violent criminal act as provided in this subchapter; and
  5. “Teacher” means any full-time employee of a local school district who is compelled by law to secure a license from the State Board of Education as a condition precedent to employment.

History. Acts 1971, No. 137, § 2; 1975, No. 386, § 1; A.S.A. 1947, § 80-1250; Acts 1993, No. 1115, § 1; 2005, No. 1195, § 1; 2011, No. 1215, § 1; 2013 (1st Ex. Sess.), No. 2, § 3.

Amendments. The 2011 amendment inserted present (3) and redesignated the remaining subdivisions accordingly.

The 2013 (1st Ex. Sess.) amendment deleted “annual sixty (60)” before “hours of required professional development” in (3).

6-17-1203. Policies and regulations.

  1. The board of directors of each school district shall adopt written policies for the administration of sick leave.
  2. These policies and regulations shall be a part of the written personnel policies of each school district, and a copy shall be furnished to each teacher.

History. Acts 1971, No. 137, § 6; 1975, No. 386, § 1; A.S.A. 1947, § 80-1254.

6-17-1204. Amount and use of leave.

    1. Each school district in the state shall provide sick leave for each of its teachers at a minimum rate of one (1) day per month or major portion thereof that the teacher is contracted at full pay.
    2. A school district shall credit one (1) day of sick leave to a teacher if the teacher:
      1. Used one (1) day of sick leave on a mandatory professional development day; and
      2. Made up the missed mandatory professional development day on a noncontract day.
  1. Such sick leave shall be in force beginning with the first day of the first school term for which each teacher is employed.
  2. If a teacher resigns or leaves his or her teaching position for any reason before the end of the school term, the employing school district may deduct from his or her last paycheck full compensation for any days of sick leave used in excess of the number of days earned.
  3. A teacher shall be entitled to sick leave only for reasons of personal illness or illness in his or her immediate family.

History. Acts 1971, No. 137, § 3; 1975, No. 386, § 1; A.S.A. 1947, § 80-1251; Acts 2011, No. 1215, § 2.

Amendments. The 2011 amendment inserted (a)(2).

6-17-1205. Record of used and accumulated leave.

  1. A record of sick leave used and accumulated shall be established and maintained by each school district for each of its teachers.
  2. Sick leave that is unused by a teacher during any school year shall be accumulated in that teacher's sick leave account at a rate of one (1) day per month or major portion thereof employed until ninety (90) days have been accumulated.
  3. A teacher who qualifies for sick leave under § 6-17-1204 may use any amount up to his or her total number of accumulated days.
  4. Accumulated days of sick leave that are used up may be restored up to ninety (90) days in the same manner that they were first accumulated.

History. Acts 1971, No. 137, § 4; 1975, No. 386, § 1; A.S.A. 1947, § 80-1252; Acts 1989, No. 818, § 1.

6-17-1206. Credit for leave accumulated in another school district.

  1. Whenever an employee of a school district, an education service cooperative, a state education agency, or a two-year college in this state shall leave the school district, education service cooperative, state education agency, or two-year college and accept employment in another school district in this state, education service cooperative, state education agency, or two-year college, the employee shall be granted credit by the new school district, education service cooperative, state education agency, or two-year college for any unused sick leave accumulated by the employee while employed by the former school district but not to exceed a maximum of ninety (90) days.
    1. The accumulated and unused sick leave credit shall be granted to the employee upon furnishing proof in writing from the school district of former employment of the employee.
    2. Sick leave granted to an employee under subdivision (b)(1) of this section shall be depleted before the employee uses sick leave granted by the current school district.
    3. Upon the hiring of an employee and the verification of accumulated sick leave, sick leave that is transferred from the school district of former employment of the employee to the school district of current employment of the employee is eligible for payment upon retirement of the employee from the school district of current employment of the employee if the school district's policy provides for payment of sick leave.
  2. The provisions of this section shall apply to employment with another school district, education service cooperative, state education agency, or two-year college on or after July 1, 1997.

History. Acts 1975, No. 177, § 1; A.S.A. 1947, § 80-1252.1; Acts 1987, No. 259, § 1; 1989, No. 818, § 2; 1991, No. 834, § 3; 1999, No. 774, § 1; 2007, No. 617, § 10; 2015, No. 1180, § 1.

Amendments. The 2015 amendment redesignated former (b) as (b)(1); and added (b)(2) and (b)(3).

6-17-1207. Payment for unused leave.

Payment for unused sick leave shall be made from the salary fund of the school district, and these moneys shall be included in meeting the annual requirements for payment of teachers' salaries.

History. Acts 1979, No. 1016, § 1; A.S.A. 1947, § 80-1253.

Case Notes

In General.

This subchapter repealed the prior prohibition against paying teachers for unused sick leave, but did not require it or dictate the circumstances under which payment is made; instead, it merely permits such payments and establishes their source, if they are made. Turnbough v. Mammoth Spring Sch., 74 Ark. App. 107, 45 S.W.3d 430 (2001), aff'd, 349 Ark. 341, 78 S.W.3d 89 (2002).

6-17-1208. Authority to liberalize policy.

The number of days of sick leave provided by this subchapter are minimums only, and nothing in this subchapter shall prohibit any school district from providing more days of sick leave or from having a more liberal policy for the administration of sick leave, including, but not limited to, the establishment of sick leave pools or banks and allowing school district employees who are husband and wife to each utilize the other's accumulated sick leave.

History. Acts 1971, No. 137, § 7; 1975, No. 386, § 1; A.S.A. 1947, § 80-1255; Acts 1989, No. 791, § 1; 1999, No. 40, § 1.

6-17-1209. Leave of absence for personal injury from assault or other violent criminal act.

      1. Whenever a schoolteacher is absent from his or her duties in a public school as a result of personal injury caused by either an assault or a criminal act committed against the teacher in the course of his or her employment, the teacher shall be granted a leave of absence from school with full pay for up to one (1) year from the date of the injury.
      2. Teachers who suffer personal injury while intervening in student fights, restraining a student, or protecting a student from harm shall be considered to be injured as a result of an assault or a criminal act.
    1. The leave of absence for personal injury from an assault or a criminal act shall not be charged to the teacher's sick leave authorized under this subchapter.
  1. The board of directors of each school district shall adopt written policies for the implementation of this section and incorporate them as part of the written personnel policies of the school district.

History. Acts 1993, No. 1115, § 2; 1999, No. 1494, § 1.

Case Notes

Damages.

The trial court erred in deducting a teacher's retirement disability pay from her award under this section as the teacher clearly lacked the ability to work at all, much less obtain other employment, and her retirement disability payments were not paid by the school district, but by a third party, the Arkansas Teacher Retirement System. Moore v. Pulaski County Special Sch. Dist., 73 Ark. App. 366, 43 S.W.3d 204 (2001).

Appellate court affirmed a workers' compensation award which held that a school district and its insurer were not entitled to a credit for any potential benefits the deceased's wife could receive in a lawsuit as there was no evidence that an award had been made pursuant to this section. Dollarway Sch. Dist. v. Lovelace, 90 Ark. App. 145, 204 S.W.3d 64 (2005).

Incorporation of Policies.

A general savings clause in a professional negotiations agreement was not sufficient to comply with subsection (b) where the savings clause merely stated, “The parties agree that state and federal statutes and court orders are incorporated into this Agreement.” Moore v. Pulaski County Special Sch. Dist., 73 Ark. App. 366, 43 S.W.3d 204 (2001).

Personal Injury.

A teacher sustained a personal injury within the meaning of this section where she testified that she developed hypertension that caused her to faint, in addition to depression, post-traumatic stress disorder, anxiety, and mental confusion. Moore v. Pulaski County Special Sch. Dist., 73 Ark. App. 366, 43 S.W.3d 204 (2001).

Award of back pay to teacher for a 39-day leave of absence under this section was not clearly erroneous where teacher was diagnosed with post-traumatic stress disorder after being assaulted by a student; the diagnosis of post-traumatic stress disorder was based on the teacher's elevated blood pressure, pain in her head and chest, blurred vision, and the fact that she was not her “normal self.” Watson Chapel Sch. Dist. v. Vilches, 2016 Ark. App. 87, 482 S.W.3d 755 (2016).

Circuit court did not abuse its considerable discretion in the amount of attorney's fees awarded to teacher; while the fees were greater than the damages awarded, the school district did not provide any evidence that the fees were excessive in light of the work required to pursue and prosecute the case. Nor did the district offer any evidence that the hourly rate charged was outside the normal range in the area for attorneys of the same experience. Watson Chapel Sch. Dist. v. Vilches, 2016 Ark. App. 87, 482 S.W.3d 755 (2016).

Private Right of Action.

This section gives a teacher a private right of action. Moore v. Pulaski County Special Sch. Dist., 73 Ark. App. 366, 43 S.W.3d 204 (2001).

Waiver.

A teacher did not waive her right to recover damages under this section by voluntarily resigning from her employment, where the evidence showed that she had no knowledge of her rights under this section until long after she had used up her sick leave and had taken disability retirement and that the defendant took no action to inform the teacher of those rights. Moore v. Pulaski County Special Sch. Dist., 73 Ark. App. 366, 43 S.W.3d 204 (2001).

Subchapter 13 — The School Employees' Minimum Sick Leave Law

6-17-1301. Title.

The title of this subchapter is “The School Employees' Minimum Sick Leave Law”.

History. Acts 1979, No. 391, § 1; A.S.A. 1947, § 80-1255.1.

6-17-1302. Definitions.

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

  1. “Accumulated sick leave” means the total number of days of unused sick leave that a school employee has to his or her credit;
  2. “Immediate family” includes the school employee's spouse, children, parents, and any other relatives in the same household;
  3. “School employee” includes any employee of a school district who works not less than twenty (20) hours per week and who is not compelled by law to secure a teaching license from the State Board of Education as a condition precedent to employment. This subchapter covers those school employees who are normally and usually designated as noncertified school employees; and
  4. “Sick leave” means absence with full pay from one's duties in a public school for the reason of personal illness or illness in his or her immediate family.

History. Acts 1979, No. 391, § 2; A.S.A. 1947, § 80-1255.2.

6-17-1303. Policies and regulations.

  1. The board of directors of each school district shall adopt written policies for the administration of sick leave.
  2. Such policies and regulations shall be a part of the written policies of each school district, and a copy shall be furnished to each school employee.

History. Acts 1979, No. 391, § 5; A.S.A. 1947, § 80-1255.5.

6-17-1304. Amount and use of leave.

  1. Each school district in the state shall provide sick leave for each of its school employees at a minimum accumulation rate of one (1) day per month or major portion thereof that the school employee is employed at full pay.
  2. Such accumulation shall begin with the first month or major portion thereof beginning with the first day of the first school term for which each such individual is employed.
  3. If a school employee resigns or leaves his or her employment position for any reason before the end of the school term, the employing school district may deduct from his or her last pay check full compensation for any days of sick leave in excess of the number of days earned.
  4. A school employee shall be entitled to sick leave only for reasons of personal illness or illness in his or her immediate family.

History. Acts 1979, No. 391, § 3; A.S.A. 1947, § 80-1255.3.

6-17-1305. Record of used and accumulated leave.

  1. A record of sick leave used and accumulated shall be established and maintained by each school district for each of its employees.
  2. Sick leave that is unused by a school employee during any school year shall be accumulated in such school employee's sick leave account at a rate of one (1) day per month or major portion thereof employed until ninety (90) days have been accumulated.
  3. A school employee who qualifies for sick leave under § 6-17-1304 may use any amount up to his or her total number of accumulated days.
  4. Accumulated days of sick leave that are used may be restored up to ninety (90) days in the same manner that they were first accumulated.

History. Acts 1979, No. 391, § 4; A.S.A. 1947, § 80-1255.4; Acts 1991, No. 834, § 1.

6-17-1306. Authority to liberalize policy.

The number of days of sick leave provided by this subchapter are minimums only, and nothing in this subchapter shall prohibit any school district from providing more days of sick leave or from having a more liberal policy for the administration of sick leave, including, but not limited to, the establishment of sick leave pools or banks and allowing school employees who are husband and wife to each utilize the other's accumulated sick leave.

History. Acts 1979, No. 391, § 6; A.S.A. 1947, § 80-1255.6; Acts 1997, No. 1319, § 1; 1999, No. 40, § 2.

6-17-1307. Unused leave — Credit.

  1. Whenever a school employee employed by a school district in this state shall leave the school district and accept employment in another school district, the school employee shall be granted credit by the new school district for up to ninety (90) days of unused sick leave accumulated by the school employee in the former school district.
  2. The accumulated and unused sick leave shall be credited to the school employee by the school district upon receipt of written proof from the school district in which the school employee was formerly employed.

History. Acts 1991, No. 834, § 2.

6-17-1308. Absence due to injury from assault.

    1. Each school district shall grant a leave of absence with full pay for a maximum period of one (1) year to any school employee who is absent from duty in a public school as a result of personal injury from an assault or other violent criminal act committed against the school employee in the course of employment in the public school.
    2. Such leave of absence shall not be charged to the sick leave provided to the school employee under this subchapter.
  1. The board of directors of each school district shall adopt written policies for the implementation of this section and shall incorporate them as a part of the written personnel policies of the school district.

History. Acts 1995, No. 1233, § 1.

Subchapter 14 — Workers' Compensation

Effective Dates. Acts 1971, No. 223, § 9: Mar. 4, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly that Workmen's Compensation benefits are not presently provided for employees of school districts, while such benefits are provided for employees of the State and its agencies, departments and institutions; that it is in the best interest of this State that qualified and competent persons be encouraged to enter the field of education and to accept employment in the public schools; that the provision of workmen's compensation benefits for employees of school districts will provide an additional incentive for qualified and competent persons to enter such employment; that this act provides for workmen's compensation coverage for such employees and should be given effect immediately in order that the proper rules, regulations and forms may be prescribed for carrying out the purposes of this act prior to the effective date of such coverage as provided herein. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 862, § 2: July 1, 1994.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-17-1401. Coverage provided.

Workers' compensation coverage as provided in the Workers' Compensation Law, § 11-9-101 et seq., shall be provided for personal injuries and death of officers and employees of public schools in this state.

History. Acts 1971, No. 223, § 1; A.S.A. 1947, § 80-1237.

Case Notes

Exclusive Remedy.

Because teachers were acting within the scope of their employment during school bus accident, their exclusive remedy was to file claims under the Workers' Compensation Act and they were not entitled to any part of the school district's insurance policy proceeds which the insurer interpleaded. Helms v. Southern Farm Bureau Cas. Ins. Co., 281 Ark. 450, 664 S.W.2d 870 (1984).

Cited: Magnet Cove Sch. Dist. v. Barnett, 81 Ark. App. 11, 97 S.W.3d 909 (2003).

6-17-1402. Workers' Compensation Commission — Authority and jurisdiction.

  1. The Workers' Compensation Commission is authorized to adopt rules and to prescribe forms it deems necessary or desirable to properly carry out the purpose and intent of this subchapter.
  2. The commission shall have exclusive jurisdiction of all claims filed by or in behalf of school district employees pursuant to the provisions of this subchapter for workers' compensation benefits.
  3. The method and procedure of filing claims and the determination of awards pursuant to such claims shall be the same as provided by law and rules of the commission with respect to claims filed by employees of private employers.
  4. However, the action taken by the commission with respect to the allowance or disallowance of any claim filed pursuant to the provisions of this subchapter shall be final and binding upon all parties and shall not be subject to judicial review.

History. Acts 1971, No. 223, §§ 2, 6; A.S.A. 1947, §§ 80-1238, 80-1242; Acts 2019, No. 315, §§ 234, 235.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (a) and (c).

Case Notes

Appellate Review.

School teachers who are injured while acting within the scope of their employment must file their claims under the Workers' Compensation Act; however, this limitation does not preclude school district employees or their employer from seeking appellate review of the Workers' Compensation Commission's decision. Magnet Cove Sch. Dist. v. Barnett, 81 Ark. App. 11, 97 S.W.3d 909 (2003).

Cited: Helms v. Southern Farm Bureau Cas. Ins. Co., 281 Ark. 450, 664 S.W.2d 870 (1984).

6-17-1403. Financing coverage.

  1. The General Assembly shall appropriate funds as necessary to cover an award made to a school district employee under this subchapter for claims that arose before July 1, 1994.
  2. All funds so appropriated by the General Assembly shall be deposited into the Workers' Compensation Revolving Fund, and all awards made under this subchapter shall be paid from the Workers' Compensation Revolving Fund by the Public Employee Claims Division of the State Insurance Department.
  3. Annually on July 1, the division shall certify to the Chief Fiscal Officer of the State the amounts of all awards made and paid during the preceding year to or on behalf of public school employees, and the Chief Fiscal Officer of the State shall cause to be transferred to the Workers' Compensation Revolving Fund from the Public School Fund the amount as was certified to him or her as having been paid on behalf of public school employees.
  4. The Commissioner of Education shall also cause to be transferred to the Workers' Compensation Revolving Fund from the Public School Fund such amounts as may be certified to the commissioner by the division as the cost of administering this subchapter for public school employees.

History. Acts 1971, No. 223, § 3; A.S.A. 1947, § 80-1239; Acts 2015, No. 231, § 1.

Amendments. The 2015 amendment rewrote (a) and (b); in (c), substituted “division” for “commission” and substituted “on behalf” for “in behalf” and “hereunder in behalf”; and, in (d), substituted “the commissioner by the division” for “him or her by the commission” and deleted “the provisions of” preceding “this subchapter”.

6-17-1404. Filing reports of injury or death.

  1. The appropriate school district officials shall file with the Workers' Compensation Commission within ten (10) days after receiving notice of any personal injury or death of any employee of the school district, a report showing the date, time, and place of such injury or death and briefly stating the circumstances and extent thereof, the name of the injured or deceased person, and the names of all witnesses.
  2. The report shall be made on forms approved by the commission.

History. Acts 1971, No. 223, § 4; A.S.A. 1947, § 80-1240.

6-17-1405. Notification of award — Transfer of available federal funds.

  1. Upon making any award to or in behalf of an employee of any school district, the Workers' Compensation Commission shall notify the appropriate officer of the school district and shall notify the Division of Elementary and Secondary Education.
  2. If the salary or compensation of the employee in whose behalf the award was made is paid wholly or partly from federal funds, the division is authorized to transfer funds from the federal funds available for the program under which such employee was paid to the Public School Fund to reimburse the Public School Fund for funds transferred to the Workers' Compensation Revolving Fund as provided for in this subchapter.

History. Acts 1971, No. 223, § 5; A.S.A. 1947, § 80-1241; Acts 2019, No. 910, § 1474.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” in (b).

6-17-1406 — 6-17-1410. [Reserved.]

  1. All school districts shall be required to provide workers' compensation coverage for their employees.
  2. Coverages shall be provided for losses incurred while performing work for the school district.

History. Acts 1993, No. 862, § 1.

6-17-1412. Effective date.

  1. Claims incurred before July 1, 1994, shall continue to be the responsibility of the state.
  2. Claims incurred on and after July 1, 1994, shall be the responsibility of the school districts.

History. Acts 1993, No. 862, § 2.

6-17-1413. Carriers.

  1. School districts may provide workers' compensation coverage either through private carriers, municipal self-funding groups, or one (1) or more self-funding groups.
  2. Self-funding groups established for this purpose shall meet the following requirements:
    1. Any such group established to provide such coverage only to school districts shall offer coverage to any school district in the state that applies for such coverage;
      1. Any group established to provide workers' compensation coverage to school districts shall offer such coverage at rates established by the NCCI Holdings, Inc. and approved by the State Insurance Department.
      2. Premiums for school districts participating in any such group shall be revised annually based on the loss experience of the particular school district or group of school districts; and
          1. Any self-funding group of participating school districts shall be subject to the rules of the Workers' Compensation Commission applicable to self-insured groups or providers.
          2. However, school districts shall not be required to enter into an indemnity agreement binding them jointly and severally.
        1. Each board governing a self-funded group shall be permitted to declare dividends or give credits against renewal premiums based on annual loss experience.
        2. All self-funded groups shall obtain excess reinsurance from an admitted or approved insurance company doing business in Arkansas.
      1. However, in lieu of the reinsurance requirements in subdivision (b)(3)(A)(iii) of this section, any self-funded group under this section with one million five hundred thousand dollars ($1,500,000) or more in annually collected premiums may provide excess reserves of twenty percent (20%) of annual premiums by any one (1) of the following ways:
        1. Cash or certificates of deposit in Arkansas banks; or
        2. Letters of credit from an Arkansas bank.

History. Acts 1993, No. 862, § 3; 2019, No. 315, § 236.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (b)(3)(A)(i) (a)

Subchapter 15 — The Teacher Fair Dismissal Act of 1983

Effective Dates. Acts 1983, No. 936, § 12: July 1, 1983. Effective date clause provided: “The effective date of this Act shall be July 1, 1983.”

Acts 1989, No. 625, § 4: Mar. 16, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that there will be teachers during the spring of 1989 who may be recommended for nonrenewal, termination or suspension and that such teachers will not be adequately protected in their jobs under the provisions of Chapter 17 of Title 6 of the Arkansas Code unless it is amended through this Act which requires strict compliance and provides an alternate forum for appeal; that the immediate implementation of this Act is necessary to preserve the peace, safety and health of citizens and teachers of the State of Arkansas. Therefore, an emergency is declared to exist, and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2001, No. 1739, § 4: July 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly that the current standard for teacher contract nonrenewal, termination, or suspension is causing undue hardship on public school districts; and that there is a pressing and urgent need to have corrections prior to the beginning of the 2001-2002 school year to ensure that the state's children are taught by only the most qualified and competent teachers in the state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 2001.”

Research References

Am. Jur. 67B Am. Jur. 2d, Schools, § 219 et seq.

C.J.S. 78 C.J.S., Schools, § 390 et seq.

U. Ark. Little Rock L.J.

Legislation of the 1983 General Assembly, Education, 6 U. Ark. Little Rock L.J. 622.

Case Notes

Applicability.

Where plaintiff was a teacher holding a teaching certificate as a condition of his employment, his contract combined his teaching and coaching duties and provided for a total salary, and no separate provision for “extracurricular activities” was provided in the contract, plaintiff, as a teacher/coach, fell within the ambit of this subchapter's protection. Western Grove Sch. Dist. v. Terry, 318 Ark. 316, 885 S.W.2d 300 (1994).

Attorney’s Fees.

Actions brought pursuant to this subchapter are actions in contract for labor or services such that attorney's fees may be awarded by the trial court pursuant to § 16-22-308. Love v. Smackover Sch. Dist., 329 Ark. 4, 946 S.W.2d 676 (1997).

An action brought pursuant to this subchapter is both a civil action and a claim for labor or services within the meaning of § 16-22-308, and thus attorney’s fees are recoverable. Hall v. Kingsland Sch. Dist., 56 Ark. App. 110, 938 S.W.2d 571 (1997).

Board's Discretion.

For discussion of school board discretion as to hiring and rehiring under former similar law, see: Mitchell v. Alma School Dist., 332 F. Supp. 473 (W.D. Ark. 1971); Appler v. Mountain Pine Sch. Dist., 342 F. Supp. 1131 (W.D. Ark. 1972); Cato v. Collins, 394 F. Supp. 629 (E.D. Ark. 1975), aff'd, 539 F.2d 656 (8th Cir. 1976); Williams v. Day, 412 F. Supp. 336 (E.D. Ark. 1976), aff'd, 553 F.2d 1160 (8th Cir. 1977) (preceding decisions under prior law).

Compliance.

“Strict compliance” by a school district with teacher dismissal law and its own personnel policies was not necessary absent a showing of prejudice from the want of conformity; however, a nonrenewal could have been successfully challenged when the district's actions did not even reach the level of “colorable compliance” with the law. Roberts v. Van Buren Pub. Sch., 773 F.2d 949 (8th Cir. 1985) (decision under prior law).

Only substantial compliance with the provisions of the Teacher Fair Dismissal Act of 1979 was required. Rogers v. Masem, 788 F.2d 1288 (8th Cir. 1985) (decision under prior law).

Substantial compliance with this section is all that is required. Murray v. Altheimer-Sherrill Pub. Sch., 294 Ark. 403, 743 S.W.2d 789 (1988); But see Lester v. Mount Vernon-Enola Sch. Dist., 323 Ark. 728, 917 S.W.2d 540 (1996); Caldwell v. Blytheville, Ark. Sch. Dist., 23 Ark. App. 159, 746 S.W.2d 381 (1988) (preceding decisions under prior law).

Substantial compliance with this subchapter is all that is required; the substantial compliance rule is for the benefit of both the school district as well as the teachers. Teague v. Walnut Ridge Sch., 315 Ark. 424, 868 S.W.2d 56 (1993).

A district court's termination of a teacher is void unless the district strictly complies with all provisions of this subchapter. Nettleton Sch. Dist. v. Owens, 329 Ark. 367, 948 S.W.2d 94 (1997) (decision under prior law).

Where a superintendent alone decided which criteria to use in reducing a school district's work force and failed to provide the guarantees enumerated in the district's policy statement concerning teacher contracts, the district violated this subchapter. Junction City Sch. Dist. v. Alphin, 56 Ark. App. 61, 938 S.W.2d 239 (1997).

Department of Correction.

The Department of Correction School District is part of the State's public school system and subject to the provisions of this subchapter. Allred v. Ark. Dep't of Corr. Sch. Dist., 322 Ark. 772, 912 S.W.2d 4 (1995).

Employment Status.

This subchapter does not create a property interest in the renewal of teacher's contract that is protected by the federal Constitution. Piggee v. Jones, 84 F.3d 303 (8th Cir. 1996).

Jurisdiction.

Where a teacher filed a prayer for reinstatement based upon violations of former teacher dismissal law, the circuit court was not wholly without jurisdiction so as to require the granting of a writ of prohibition to prevent the judge from exercising jurisdiction, since a prayer for reinstatement is in the nature of a petition for a writ of mandamus which requires the directors of a school district to do an act which it is plainly their duty to do, and a mandamus action is cognizable in circuit court. Springdale School Dist. v. Jameson, 274 Ark. 78, 621 S.W.2d 860 (1981) (decision under prior law).

Reassignment.

Reassignment of teacher held not to amount to dismissal where teacher's reassignment was reasonable. Chandler v. Perry-Casa Public Schools Dist., 286 Ark. 170, 690 S.W.2d 349 (1985).

Requirements.

This subchapter has three requirements: (1) that each district have a set of written personnel policies; (2) that each district have a committee on personnel policies consisting of five classroom teachers and three administrators; and (3) that the school board approve or adopt any proposed policy or modification to existing policy. Junction City Sch. Dist. v. Alphin, 56 Ark. App. 61, 938 S.W.2d 239 (1997).

Rules of Procedure.

This subchapter does not provide for a special proceeding; therefore, the Arkansas Rules of Civil Procedure apply. Sosebee v. County Line Sch. Dist., 320 Ark. 412, 897 S.W.2d 556 (1995).

Standards.

School board was constitutionally required to adopt and promulgate objective nondiscriminatory standards with regard to the employment, assignment and dismissal of teachers. Cochran v. Chidester Sch. Dist., 456 F. Supp. 390 (W.D. Ark. 1978) (decision under prior law).

Cited: Scoggins v. Board of Educ., 853 F.2d 1472 (8th Cir. 1988); Lester v. Mount Vernon-Enola Sch. Dist., 323 Ark. 728, 917 S.W.2d 540 (1996); McCaskill v. Fort Smith Pub. Sch. Dist., 324 Ark. 488, 921 S.W.2d 945 (1996); Jackson v. Delta Special Sch. Dist., No. 2, 86 F.3d 1489 (8th Cir. 1996).

6-17-1501. Title.

This subchapter shall be referred to and may be cited as “The Teacher Fair Dismissal Act of 1983”.

History. Acts 1983, No. 936, § 1; A.S.A. 1947, § 80-1266.

Research References

U. Ark. Little Rock L. Rev.

Annual Survey of Caselaw, Employment Discrimination and Labor Law, 24 U. Ark. Little Rock L. Rev. 975.

Case Notes

Applicability.

The Teacher Fair Dismissal Act was not applicable because the proposed contract constituted a reassignment of the teachers's duties and not a nonrenewal where the teacher's salary did not decrease and his coaching duties were merely reassigned to the junior high school football program. Meadors v. Arkadelphia Pub. Schs., 69 Ark. App. 104, 10 S.W.3d 109 (2000).

School district counselor could not challenge a five-day disciplinary suspension under the provisions of the Teacher Fair Discharge Dismissal Act of 1983, §§ 6-17-1501 through 6-17-1510, because the Act applied only to suspensions imposed in the context of a recommendation that a teacher either be terminated or that the teacher's employment contract not be renewed, and the counselor's suspension was not of that nature; the counselor had exercised his sole remedy by utilizing the school district grievance procedure established pursuant to § 6-17-208 and was not entitled to further relief. McGough v. Pine Bluff Sch. Dist., 79 Ark. App. 235, 85 S.W.3d 920 (2002).

Arbitration.

Trial court correctly ruled that a terminated school principal's suit against a school district was barred by res judicata as the principal had a full and fair opportunity in the arbitration proceeding to litigate the matters raised in the instant suit; a review of the arbitrator's award showed that the Teacher Fair Dismissal Act (TFDA) was applied in some respects, however, the principal requested reconsideration on the basis that the award did not fully comport with the TFDA. Davis v. Little Rock Sch. Dist., 92 Ark. App. 174, 211 S.W.3d 587 (2005).

Just Termination.

Teacher failed to demonstrate that her termination was unlawful and without just and reasonable cause under the Teacher Fair Dismissal Act of 1983, §§ 6-17-1501 to 6-17-1510, where the teacher used book club bonus points for her own personal gain, made disrespectful remarks in the school building during school hours, and was untruthful about the incident. Timpani v. Lakeside Sch. Dist., 2011 Ark. App. 668, 386 S.W.3d 588 (2011).

Teacher.

Grant of summary judgment in favor of the school district in the teacher's action after he was terminated was inappropriate because the unambiguous terms of the teacher's contract governed and the trial court erred in considering parol evidence in construing that contract. Further, the Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq. , defined “teacher” as any person, exclusive of the superintendent or assistant superintendent, employed in an Arkansas public school district who was required to hold a teaching certificate from the Department of Education as a condition of employment, § 6-17-1502; it was undisputed that the teacher met that definition too. Barnett v. Mt. View Sch. Dist., 2010 Ark. App. 333, 374 S.W.3d 851 (2010).

Cited: Murray v. Altheimer-Sherrill Pub. Sch., 294 Ark. 403, 743 S.W.2d 789 (1988); Cobb v. Stringer, 850 F.2d 356 (8th Cir. 1988); Casada v. Booneville School Dist., 686 F. Supp. 730 (W.D. Ark. 1988).

6-17-1502. Definitions.

  1. As used in this subchapter:
      1. “Probationary teacher” means a teacher who has not completed three (3) successive years of employment in the school district in which the teacher is currently employed.
        1. A teacher employed in a school district in this state for three (3) years shall be deemed to have completed the probationary period.
        2. However, an employing school district may, by a majority vote of its directors, provide for one (1) additional year of probationary status; and
    1. “Teacher” means any person, exclusive of the superintendent or assistant superintendent, employed in an Arkansas public school district who is required to hold a teaching license from the State Board of Education as a condition of employment.
  2. A teacher who has completed three (3) successive years of employment in the school district in which the teacher is employed on July 4, 1983, or a teacher who has been given credit for a prior service in another school district as authorized by subdivision (a)(2) of this section, is deemed to have completed the required probationary period.

History. Acts 1983, No. 936, §§ 2, 4; A.S.A. 1947, §§ 80-1266.1, 80-1266.3; Acts 2011, No. 989, § 55.

Amendments. The 2011 amendment substituted “license from the State Board” for “certificate from the Department” in (a)(1).

Case Notes

Hearing.

Circuit court did not err in granting a teacher injunctive relief and enjoining a school district from denying the teacher a hearing or refusing to renew his contract until his rights were adjudicated in the hearing because the teacher was entitled to the provision of the Arkansas Teacher Fair Dismissal Act, § 6-17-1509, that afforded him a hearing; nothing in the Act indicates that a teacher is not employed unless he or she has a written contract, and the requirement of the Act, § 6-17-1506(a), that a teacher's contract must be renewed in writing refers to an original “contract” but does not specify that it be a written contract. Fayetteville Pub. Schs v. Dial, 2010 Ark. App. 296 (2010).

Notice.

Where substitute teacher failed to meet the definition of “teacher” under the Teacher Fair Dismissal Act, § 6-17-1502 et seq., and did not occupy a position that required a teaching license, he was not entitled to written notice of the nonrenewal of his teaching contract or a hearing on the matter. Harris v. Altheimer Unified Sch. Dist., 94 Ark. App. 152, 227 S.W.3d 437 (2006).

Probationary Teacher.

The General Assembly did not intend to allow a teacher to combine his or her years of teaching in different school districts to achieve nonprobationary status, but to require a teacher to complete three successive years of teaching in a single school district in this state. McGee v. Armorel Pub. Schs., 309 Ark. 59, 827 S.W.2d 137 (1992).

The General Assembly did not intend to require a school district to employ a teacher who had achieved nonprobationary status in another district on a nonprobationary status. McGee v. Armorel Pub. Schs., 309 Ark. 59, 827 S.W.2d 137 (1992).

Teacher.

Party who was employed by the district and required to be certified was a teacher; it does not matter if she was denominated a part-time teacher, a half-time teacher, or a replacement. Love v. Smackover Sch. Dist., 322 Ark. 1, 907 S.W.2d 136 (1995).

Where plaintiff was employed with the Department of Correction school district as a teacher and was required to have a state teaching certificate as prerequisite to employment, he was a teacher within the meaning of this section. Allred v. Ark. Dep't of Corr. Sch. Dist., 322 Ark. 772, 912 S.W.2d 4 (1995).

In a case where a teacher alleged that a school district breached its contract with the teacher by violating the Arkansas Teacher Fair Dismissal Act (TFDA), the teacher, although receiving the pay of a teacher, failed to meet the requirements set forth in this section; therefore, he was not a teacher for the purposes of the TFDA and the teacher lost the benefits provided by the TFDA and could not pursue an action under the TFDA. Sheets v. Dollarway Sch. Dist., 82 Ark. App. 539, 120 S.W.3d 119 (2003).

Grant of summary judgment in favor of the school district in the teacher's action after he was terminated was inappropriate because the unambiguous terms of the teacher's contract governed and the trial court erred in considering parol evidence in construing that contract. Further, the Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq. , defined “teacher” as any person, exclusive of the superintendent or assistant superintendent, employed in an Arkansas public school district who was required to hold a teaching certificate from the Department of Education as a condition of employment, pursuant to this section; it was undisputed that the teacher met that definition too. Barnett v. Mt. View Sch. Dist., 2010 Ark. App. 333, 374 S.W.3d 851 (2010).

In a case under the Arkansas Teacher Fair Dismissal Act, a superintendent and a school district failed to bring to a principal's attention the problems that were identified as reasons for termination and failed to document the efforts taken to assist the principal to correct the causes for potential termination. The principal was found to be a teacher because her contract required that she hold a teaching license. Jasper Sch. Dist. No. 1 v. Cooper, 2014 Ark. 390, 441 S.W.3d 11 (2014).

Cited: Roberts v. Van Buren Pub. Sch., 773 F.2d 949 (8th Cir. 1985); Hilton v. Pine Bluff Pub. Sch., 796 F.2d 230 (8th Cir. 1986); Sosebee v. County Line Sch. Dist., 320 Ark. 412, 897 S.W.2d 556 (1995).

6-17-1503. Construction.

  1. The General Assembly finds:
    1. That the current standard, which requires cause that is not arbitrary, capricious, or discriminatory for the nonrenewal, termination, or suspension of a teacher, should be raised to a standard of just and reasonable cause; and
    2. That the current standard for compliance with this subchapter and a school district's personnel policies of strict compliance should be lowered to substantial compliance.
  2. This subchapter is not a teacher tenure law in that it does not confer lifetime appointment of teachers.
  3. A nonrenewal, termination, suspension, or other disciplinary action by a school district shall be void unless the school district substantially complies with all provisions of this subchapter and the school district's applicable personnel policies.

History. Acts 1983, No. 936, § 3; A.S.A. 1947, § 80-1266.2; Acts 1989, No. 625, § 1; 2001, No. 1739, § 1.

Case Notes

Applicability.

Party who was employed by the district and required by the terms of her contract to be certified, was covered by this act. Love v. Smackover Sch. Dist., 322 Ark. 1, 907 S.W.2d 136 (1995).

The former strict compliance requirement of this section did not apply to assist a plaintiff high school principal who was not involuntarily terminated, but who instead resigned. Higginbotham v. Junction City Sch. Dist., 332 Ark. 556, 966 S.W.2d 877 (1998), overruled in part, Williams v. Little Rock Sch. Dist., 347 Ark. 637, 66 S.W.3d 590 (2002) (decision under prior law).

Appellate Review.

School district's decision to terminate a principal for not obtaining advance approval before taking personal leave was not arbitrary and capricious under the Teacher Fair Dismissal Act. The testimony indicated that the principal was in fact absent, knew there would be no administrator in the building on two of the three days she was absent, had formerly complied with the prior-approval requirement, and knew the policy existed. Proctor v. Cabot Sch. Dist., 2013 Ark. App. 366 (2013).

Continuation of Contracts.

Since a teacher's contract with the school district continues unless nonrenewed for cause, the trial court correctly awarded the teacher backpay for the years between her nonrenewal and her reinstatement. Leola Sch. Dist. v. McMahan, 289 Ark. 496, 712 S.W.2d 903 (1986) (decision under prior law).

Expectation of Reemployment.

Former procedure for terminating or dismissing teachers created no expectation of continued reemployment which would have constituted a constitutionally protected property interest. Cato v. Collins, 539 F.2d 656 (8th Cir. 1976); Sutton v. Marianna Sch. Dist. A, 573 F. Supp. 159 (E.D. Ark. 1983) (preceding decisions under prior law).

Former similar law granted no right to continued employment, but merely conditioned a nonprobationary teacher's reemployment on affirmative action by the school board that was not arbitrary or capricious. Sutton v. Marianna Sch. Dist. A, 573 F. Supp. 159 (E.D. Ark. 1983) (decision under prior law).

Insubordination.

Insubordination was a just and reasonable cause for termination where a teacher engaged in misconduct by his activities that undermined the administration's efforts to implement common core standards; he was not terminated just for disagreeing with policy. Hollis v. Fayetteville Sch. Dist. No. 1, 2015 Ark. App. 544, 473 S.W.3d 45 (2015).

Remedies.

Where teacher requested a hearing within the thirty-day window provided by § 6-17-1509, but school district did not offer teacher a hearing, that violation of this subchapter voided the teacher's termination; the remedy granted was back pay rather than reinstatement. Jackson v. Delta Special Sch. Dist., No. 2, 86 F.3d 1489 (8th Cir. 1996) (decided under former version of § 6-17-503).

Retaliatory Discharge.

Where school district offered overwhelming evidence supporting a teacher's termination, including teacher's own admissions that she spread slanderous, unsubstantiated rumors about the superintendent, the teacher's claim of retaliatory discharge failed. Jackson v. Delta Special Sch. Dist., No. 2, 86 F.3d 1489 (8th Cir. 1996).

Standard Under Former Law.

Mere recitation of the generic categories of inefficiency and noncompliance with written regulations and policies is insufficient for nonrenewal. Hamilton v. Pulaski County Special Sch. Dist., 321 Ark. 261, 900 S.W.2d 205 (1995) (decision under prior law).

A district court's termination of a teacher is void unless the district strictly complies with all provisions of this subchapter. Nettleton Sch. Dist. v. Owens, 329 Ark. 367, 948 S.W.2d 94 (1997) (decision under prior law).

Where the school district failed to comply with § 6-17-1509 by failing to give teacher a hearing before it voted not to renew her contract, the action of the district was void under this section; although this may have been a “procedural error” and although the district may have substantially complied with the hearing provisions of § 6-17-1509, substantial compliance has not been sufficient since this section's amendment in 1989. Spainhour v. Dover Pub. Sch. Dist., 331 Ark. 53, 958 S.W.2d 528 (1998) (decision under prior law).

Under this section, as it was in effect in 1994, a school district's failure to provide a principal with a hearing regarding the nonrenewal of his contract within 10 days after his request automatically renewed the contract. Foreman Sch. Dist. No. 25 v. Steele, 347 Ark. 193, 61 S.W.3d 801 (2001) (decision under prior law).

In a case where a teacher alleged that a school district breached its contract with the teacher by violating the Arkansas Teacher Fair Dismissal Act (TFDA) and that such breach entitled him to all the monetary benefits which he had under the 1999-2000 contract, plus interest and attorney's fees, because the district failed to provide written notice of the problems or evaluations as required by § 6-17-1504 of the TFDA, the district failed to strictly comply with the statutory provisions of the TFDA and the teacher's contract was renewed by operation of law; however, the teacher's refusal to mitigate his damages limited his damages to the difference in what he earned under the 1999-2000 contract and what he could have earned had he accepted the offer of the district, but the teacher was entitled to reasonable attorney's fees pursuant to § 16-22-308. Sheets v. Dollarway Sch. Dist., 82 Ark. App. 539, 120 S.W.3d 119 (2003) (decision under prior law).

Termination and Nonrenewal.

Termination under § 6-17-1507 could not be used as a subterfuge to enforce nonrenewal, when the procedure for nonrenewal was void due to noncompliance with the nonrenewal statute. Hannon v. Armorel Sch. Dist. # 9, 329 Ark. 267, 946 S.W.2d 950 (1997) (decided under former version of § 6-17-503).

Pursuant to this section and § 6-17-1506(b)(2)(B), school district's decision not to renew principal's contract did not violate Teacher Fair Dismissal Act because the school district was not required to have a reduction-in-force policy in place and the consideration of future school reorganization was not improper. Olsen v. E. End Sch. Dist., 84 Ark. App. 439, 143 S.W.3d 576 (2004).

Circuit court correctly upheld a school district's decision to not to renew a teacher's contract because the district did not fail to substantially comply with its personnel policies under the subsection (c) of this section of the Arkansas Teacher Fair Dismissal Act; the district's policies required an evaluation of the needs and goals of the district, and the teacher was not needed to teach in the licensure area of social studies. Kasinger v. East End Sch. Dist., 2011 Ark. App. 595, 385 S.W.3d 885 (2011).

Teacher failed to demonstrate that her termination was unlawful and without just and reasonable cause under the Teacher Fair Dismissal Act of 1983, §§ 6-17-1501 to 6-17-1510, where the teacher used book club bonus points for her own personal gain, made disrespectful remarks in the school building during school hours, and was untruthful about the incident. Timpani v. Lakeside Sch. Dist., 2011 Ark. App. 668, 386 S.W.3d 588 (2011).

Nonrenewal of a counselor's employment contract violated the Arkansas Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq., because it was unreasonable to hold the counselor accountable for errors in a student handbook relating to graduation requirements, and there was no substantial compliance with the Act where the counselor was only evaluated once during his 14-year tenure at a school. Bismarck Sch. Dist. v. Sims, 2012 Ark. App. 239, 406 S.W.3d 805 (2012).

Violation Shown.

Holding a requested hearing fewer than five days after teacher's request for review of superintendent's termination recommendation was submitted constituted failure to comply strictly with § 6-17-1509(c)(1). Lester v. Mount Vernon-Enola Sch. Dist., 323 Ark. 728, 917 S.W.2d 540 (1996) (decision under prior law).

In a case under the Arkansas Teacher Fair Dismissal Act, a superintendent and a school district failed to bring to a principal's attention the problems that were identified as reasons for termination and failed to document the efforts taken to assist the principal to correct the causes for potential termination. The principal was found to be a teacher because her contract required that she hold a teaching license. Jasper Sch. Dist. No. 1 v. Cooper, 2014 Ark. 390, 441 S.W.3d 11 (2014).

Cited: Western Grove Sch. Dist. v. Terry, 318 Ark. 316, 885 S.W.2d 300 (1994); Allred v. Ark. Dep't of Corr. Sch. Dist., 322 Ark. 772, 912 S.W.2d 4 (1995); Small v. Cottrell, 332 Ark. 225, 964 S.W.2d 383 (1998).

6-17-1504. Evaluation — Effect.

  1. Each teacher employed by the board of directors of a school district shall be evaluated in writing under the Teacher Excellence and Support System, § 6-17-2801 et seq.
  2. At a time other than an evaluation conducted under the Teacher Excellence and Support System, § 6-17-2801 et seq., if a superintendent or other school administrator charged with the supervision of a teacher believes or has reason to believe that the teacher is having difficulties or problems meeting the expectations of the school district or its administration and the administrator believes or has reason to believe that the problems could lead to termination or nonrenewal of contract, the superintendent or other school administrator shall:
    1. In writing, bring the problems and difficulties to the attention of the teacher involved; and
    2. Document the efforts that have been undertaken to assist the teacher to correct whatever appears to be the cause for potential termination or nonrenewal.

History. Acts 1983, No. 936, § 7; A.S.A. 1947, § 80-1266.6; Acts 2009, No. 376, § 33; 2011, No. 1209, § 7.

Amendments. The 2009 amendment deleted former (b); redesignated the remaining subsection accordingly and subdivided it; and made related and minor stylistic changes.

The 2011 amendment substituted “under the Teacher Excellence and Support System, § 6-17-2801 et seq.” for “annually” in (a); and, in (b), substituted “At a time other than an evaluation conducted under the Teacher Excellence and Support System, if” for “When,” and “the superintendent or other school administrator” for “the administrator. ”

Case Notes

Compliance.

Substantial compliance with this section is all that is required. Murray v. Altheimer-Sherrill Pub. Sch., 294 Ark. 403, 743 S.W.2d 789 (1988); But see Lester v. Mount Vernon-Enola Sch. Dist., 323 Ark. 728, 917 S.W.2d 540 (1996); Caldwell v. Blytheville, Ark. Sch. Dist., 23 Ark. App. 159, 746 S.W.2d 381 (1988).

Nonrenewal of a counselor's employment contract violated the Arkansas Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq., because it was unreasonable to hold the counselor accountable for errors in a student handbook relating to graduation requirements, and there was no substantial compliance with the Act where the counselor was only evaluated once during his 14-year tenure at a school. Bismarck Sch. Dist. v. Sims, 2012 Ark. App. 239, 406 S.W.3d 805 (2012).

Documentation.

This section contemplates, and fairness requires, that superintendents and other school administrators should not only bring problems and difficulties to the attention of the teacher in writing, but should also fully document the efforts undertaken to correct the problems. Murray v. Altheimer-Sherrill Pub. Sch., 294 Ark. 403, 743 S.W.2d 789 (1988).

Notice.

It was intended by the legislature that the teacher be apprised of any problems and permitted to respond. Where the teacher was not given prompt notice nor the opportunity to respond immediately to allegations against her, and her dismissal was based on these same complaints, the trial court was correct in finding that the board relied upon arbitrary and capricious reasons for nonrenewal. Leola Sch. Dist. v. McMahan, 289 Ark. 496, 712 S.W.2d 903 (1986) (decision under prior law).

Noncompliance with subsection (c) [now (b)] is some evidence that a dismissal was arbitrary and capricious, but does not necessarily compel that conclusion and is merely one among many circumstances to which a fact-finder must look in order to make a finding. Casada v. Booneville School Dist., 686 F. Supp. 730 (W.D. Ark. 1988) (decision under prior version of statutes).

Where teacher had written notice of his objectionable conduct which occurred in the school year, his dismissal was not in violation. Caldwell v. Blytheville, Ark. Sch. Dist., 23 Ark. App. 159, 746 S.W.2d 381 (1988) (decision under prior law).

In a case where a teacher alleged that a school district breached its contract with the teacher by violating the Arkansas Teacher Fair Dismissal Act (TFDA) and that such breach entitled him to all the monetary benefits which he had under the 1999-2000 contract, plus interest and attorney's fees, because the district failed to provide written notice of the problems or evaluations as required by this section, the district failed to strictly comply with the statutory provisions of the TFDA and the teacher's contract was renewed by operation of law; however, the teacher's refusal to mitigate his damages limited his damages to the difference in what he earned under the 1999-2000 contract and what he could have earned had he accepted the offer of the district, but the teacher was entitled to reasonable attorney's fees pursuant to § 16-22-308. Sheets v. Dollarway Sch. Dist., 82 Ark. App. 539, 120 S.W.3d 119 (2003) (decision under prior law).

Violation.

In a case under the Arkansas Teacher Fair Dismissal Act, a superintendent and a school district failed to bring to a principal's attention the problems that were identified as reasons for termination and failed to document the efforts taken to assist the principal to correct the causes for potential termination. The principal was found to be a teacher because her contract required that she hold a teaching license. Jasper Sch. Dist. No. 1 v. Cooper, 2014 Ark. 390, 441 S.W.3d 11 (2014).

Cited: Tyler v. Hot Springs School Dist., 827 F.2d 1227 (8th Cir. 1987).

6-17-1505. Teacher personnel file.

  1. The school district shall maintain a personnel file for each teacher which shall be available to the teacher for inspection and copying at the teacher's expense during normal office hours.
  2. The teacher may submit for inclusion in the file written information in response to any of the material contained therein.

History. Acts 1983, No. 936, § 8; A.S.A. 1947, § 80-1266.7.

6-17-1506. Contract renewal — Notice of nonrenewal — Rescission.

  1. Every contract of employment made between a teacher and the board of directors of a school district shall be renewed in writing on the same terms and for the same salary, unless increased or decreased by law, for the next school year succeeding the date of termination fixed therein, which renewal may be made by an endorsement on the existing contract instrument unless:
    1. By May 1 of the contract year, the teacher is notified by the school superintendent that the superintendent is recommending that the teacher's contract not be renewed;
    2. During the period of the contract or within ten (10) calendar days after the end of the school year, the teacher shall send by certified or registered mail to the president, vice president, or secretary of the board of directors of the school district, with a copy to the superintendent, or may deliver in person to the president, vice president, or secretary of the board of directors of the school district, with a copy to the superintendent, his or her resignation as a teacher; or
    3. The contract is superseded by another contract between the parties.
    1. Termination, nonrenewal, or suspension shall be only upon the recommendation of the superintendent.
      1. A notice of nonrenewal shall be delivered in person to the teacher or mailed by registered or certified mail to the teacher at the teacher's residence address as reflected in the teacher's personnel file.
      2. The notice of recommended nonrenewal of a teacher shall include a statement of the reasons for the recommendation, setting forth the reasons in separately numbered paragraphs so that a reasonable teacher can prepare a defense.
    1. No teacher shall be required to sign and return a contract for the next school year any sooner than thirty (30) days after the contract is issued to the teacher.
    2. The teacher shall have the right to unilaterally rescind any signed contract no later than ten (10) days after the end of the school year.

History. Acts 1983, No. 936, § 4; A.S.A. 1947, § 80-1266.3; Acts 1997, No. 1247, § 1; 1999, No. 852, § 1.

Case Notes

Construction.

In certain cases prior to 1989, substantial compliance with the notice requirements sufficed; however, since 1989, there must be strict compliance with this subchapter and particularly with this section before a nonrenewal, termination, or suspension may be put into effect. Western Grove Sch. Dist. v. Terry, 318 Ark. 316, 885 S.W.2d 300 (1994) (decision under prior law before 2001 amendment of § 6-17-1503).

Applicability.

Party who was employed by the district and required by the terms of her contract to be certified, was covered by this subchapter. Love v. Smackover Sch. Dist., 322 Ark. 1, 907 S.W.2d 136 (1995).

Discrimination.

For cases discussing racial discrimination with respect to nonrenewals under prior similar law, see: McBeth v. Board of Education, 300 F. Supp. 1270 (E.D. Ark. 1969); Cato v. Collins, 394 F. Supp. 629 (E.D. Ark. 1975), aff'd, 539 F.2d 656 (8th Cir. 1976) (preceding decisions under prior law).

Nature of Interest.

The provisions of the Teacher Fair Dismissal Act governing nonrenewal of a teacher's contract do not create a constitutionally protected property interest. Hilton v. Pine Bluff Pub. Sch., 796 F.2d 230 (8th Cir. 1986).

Where the teachers, whose contracts were not renewed, did not receive notice of the nonrenewal by the May 1st deadline, and their school district was annexed by another, which assumed their school district's contractual duties, their claim was founded upon nonrenewal, even though their complaint used the phrase “termination”; therefore, the Teacher Fair Dismissal Act created no property interest giving rise to a constitutional claim and dismissal was proper. Hilton v. Pine Bluff Pub. Sch., 796 F.2d 230 (8th Cir. 1986).

Nonrenewal of Contracts.

Teacher was entitled to rely upon the declaration in reduction in force policy that contract nonrenewal determinations would be governed by application of the point system, which by definition took into account such teacher's on-the-job performance. Murray v. Altheimer-Sherrill Pub. Sch., 294 Ark. 403, 743 S.W.2d 789 (1988).

The actions of the school board, including the altered contract for the upcoming school year, constituted a nonrenewal by the board without prior notice to the teacher/coach and was void under this subchapter; further, the teacher/coach was entitled to have a contract for the upcoming school year on the same terms and for the same salary as the current contract. Western Grove Sch. Dist. v. Terry, 318 Ark. 316, 885 S.W.2d 300 (1994).

The defendant school district's actions constituted a nonrenewal of the plaintiff teacher's contract, and thus required compliance with the notice provisions of this section, where (1) the teacher's 1997-1998 contract contained a coaching supplement and indicated his position as coach for the district, and (2) the teacher's 1998-1999 contract removed the coaching supplement, completely eliminated his coaching duties, and reassigned him to the district's alternative school in an administrative position. Manila Sch. Dist. No. 15 v. White, 338 Ark. 195, 992 S.W.2d 125 (1999).

Where a teacher signs a superseding contract, he or she cannot contest the nonrenewal of the original contract at a time past the limitation period of the Teacher Fair Dismissal Act. Metcalf v. Texarkana Sch. Dist., 66 Ark. App. 70, 986 S.W.2d 893 (1999).

Pursuant to § 6-17-1503 and subdivision (b)(2)(B) of this section, school district's decision not to renew principal's contract did not violate Teacher Fair Dismissal Act because the school district was not required to have a reduction-in-force policy in place and the consideration of future school reorganization was not improper. Olsen v. E. End Sch. Dist., 84 Ark. App. 439, 143 S.W.3d 576 (2004).

Circuit court did not err in granting a teacher injunctive relief and enjoining a school district from denying the teacher a hearing or refusing to renew his contract until his rights were adjudicated in the hearing because the teacher was entitled to the provision of the Arkansas Teacher Fair Dismissal Act, § 6-17-1509, that afforded him a hearing; nothing in the Act indicates that a teacher is not employed unless he or she has a written contract, and the requirement of the Act, found in subsection (a) of this section, that a teacher's contract must be renewed in writing refers to an original “contract” but does not specify that it be a written contract. Fayetteville Pub. Schs v. Dial, 2010 Ark. App. 296 (2010).

Notice.

Teacher held not to have received adequate notice of nonrenewal. Wabbaseka School Dist. v. Johnson, 225 Ark. 982, 286 S.W.2d 841 (1956); Newton v. Calhoun County Sch. Dist., 232 Ark. 943, 341 S.W.2d 30 (1960); Green Forest Pub. Sch. v. Herrington, 287 Ark. 43, 696 S.W.2d 714 (1985) (preceding decisions under prior law).

Teacher who was not notified of nonrenewal in accordance with this section was entitled to reinstatement and salary for following year. Newton v. Calhoun County Sch. Dist., 232 Ark. 943, 341 S.W.2d 30 (1960) (decision under prior law).

Subject to certain exceptions, a school district must give written notice to a teacher of its intent not to renew a teaching contract on the same terms and conditions as the immediately preceding teaching contract between the parties. Gillespie v. Board of Educ., 528 F. Supp. 433 (E.D. Ark. 1981), aff'd, 692 F.2d 529 (8th Cir. 1982) (decision under prior law).

Substantial compliance with the notice requirement for nonrenewal of a school teacher's contract is sufficient, absent a showing that prejudice resulted from a want of strict compliance. Gillespie v. Board of Educ., 528 F. Supp. 433 (E.D. Ark. 1981), aff'd, 692 F.2d 529 (8th Cir. 1982); Lee v. Big Flat Pub. Sch., 280 Ark. 377, 658 S.W.2d 389 (1983) (preceding decisions under prior law).

Notice of nonrenewal on same terms held adequate. Gillespie v. Board of Educ., 528 F. Supp. 433 (E.D. Ark. 1981), aff'd, 692 F.2d 529 (8th Cir. 1982) (decision under prior law).

This section contemplates that notice be accorded before the school board's decision on the superintendent's recommendation not to renew a nonprobationary teacher's contract. Murray v. Altheimer-Sherrill Pub. Sch., 294 Ark. 403, 743 S.W.2d 789 (1988).

When teachers do not receive notice of recommended nonrenewal by May 1, their contracts with the district are automatically renewed for the upcoming school year, and the district, as a district to which new territory has been annexed, is bound to honor these contracts pursuant to § 6-13-220 (repealed). Hilton v. Pine Bluff Pub. Sch., 295 Ark. 397, 748 S.W.2d 648 (1988).

The notice of proposed nonrenewal must be given to a teacher before the school board's decision to renew. Western Grove Sch. Dist. v. Terry, 318 Ark. 316, 885 S.W.2d 300 (1994).

Where plaintiff teacher, presented with reassignment of duties or nonrenewal of contract, elected to sign contract which reassigned his coaching duties and reduced his salary, that contract superseded the prior contract and relieved defendant of complying with the notice requirements of this section. McCaskill v. Fort Smith Pub. Sch. Dist., 324 Ark. 488, 921 S.W.2d 945 (1996).

Receipt of a resignation by the superintendent satisfies the requirement of delivery under this section and constitutes strict compliance under the Teacher Fair Dismissal Act. Higginbotham v. Junction City Sch. Dist., 332 Ark. 556, 966 S.W.2d 877 (1998), overruled in part, Williams v. Little Rock Sch. Dist., 347 Ark. 637, 66 S.W.3d 590 (2002) (decision under prior law).

In a case where a teacher alleged that a school district breached its contract with the teacher by violating the Arkansas Teacher Fair Dismissal Act (TFDA) and that such breach entitled him to all the monetary benefits which he had under the 1999-2000 contract, plus interest and attorney's fees, because the district failed to provide written notice of the problems or evaluations as required by § 6-17-1504 of the TFDA, the district failed to strictly comply with the statutory provisions of the TFDA and the teacher's contract was renewed by operation of law; however, the teacher's refusal to mitigate his damages limited his damages to the difference in what he earned under the 1999-2000 contract and what he could have earned had he accepted the offer of the district, but the teacher was entitled to reasonable attorney's fees pursuant to § 16-22-308. Sheets v. Dollarway Sch. Dist., 82 Ark. App. 539, 120 S.W.3d 119 (2003) (decision under prior law).

In order for a reviewing court to make a determination regarding the adequacy of notice given, it must examine not only the notice of nonrenewal, but also any record of the school-board hearing made pursuant to the Arkansas Teacher Fair Dismissal Act, § 6-17-1501 et seq. Thus, in a case where a teacher alleged that she was not given adequate notice of the nonrenewal of her contract the trial court erred by determining the issue without considering what actually occurred at a hearing on the matter before a school board to see if the teacher was able to prepare a defense. Watson Chapel Sch. Dist. v. Russell, 367 Ark. 443, 241 S.W.3d 242 (2006).

District court did not err in dismissing the teacher's cause against the school district where the school district complied with the provisions of subdivision (b)(2)(B) of this section such that a reasonable teacher could prepare a defense; the teacher was able to defend on all issues raised. Russell v. Watson Chapel Sch. Dist., 2009 Ark. 79, 313 S.W.3d 1 (2009).

Remedies.

Although § 6-17-1510 describes the administrative hearing process in §§ 6-17-1509 and 6-17-1510 as the “exclusive remedy” for any nonprobationary teacher aggrieved by a board decision, this procedure presupposes a proper notice of a nonrenewal recommendation by the superintendent to the teacher so that the teacher may request a hearing before board action. Western Grove Sch. Dist. v. Terry, 318 Ark. 316, 885 S.W.2d 300 (1994).

Resignation.

Under § 6-13-620, the sole power to execute and to terminate a teacher's contract is vested in a school district's board of education; obviously, the legislature was mindful of that rule when it passed this section, which provides for the resignation to be delivered to the school board. Teague v. Walnut Ridge Sch., 315 Ark. 424, 868 S.W.2d 56 (1993).

This section does not require the board to take any official action in response to a teacher's resignation; had the legislature intended to require a school board to officially accept a teacher's resignation, it could have so provided. Teague v. Walnut Ridge Sch., 315 Ark. 424, 868 S.W.2d 56 (1993).

School employee substantially complied with this section by delivering his resignation, which was addressed to the school board, to the principal; this holding is based in part on the facts that employee delivered his resignation to the principal with full intent that it make its way to the school board and that knowledge of the resignation made its way to the school board prior to employee's unsuccessful attempt to revoke his resignation. Teague v. Walnut Ridge Sch., 315 Ark. 424, 868 S.W.2d 56 (1993).

Tenure Policy.

Adoption of a teacher tenure policy by a school board did not give the teachers a tenure beyond or greater than that authorized by former similar section. Nethercutt v. Pulaski County Special Sch. Dist., 251 Ark. 836, 475 S.W.2d 517 (1972) (decision under prior law).

Termination.

Evidence insufficient to compel issuance of teaching contract. Special Sch. Dist. v. Lynch, 242 Ark. 385, 413 S.W.2d 880 (1967) (decision under prior law).

Evidence sufficient to justify termination. Mitchell v. Alma School Dist., 332 F. Supp. 473 (W.D. Ark. 1971); Cato v. Collins, 394 F. Supp. 629 (E.D. Ark. 1975), aff'd, 539 F.2d 656 (8th Cir. 1976); King v. Cochran, 419 F. Supp. 54 (W.D. Ark. 1976), aff'd, 551 F.2d 1133 (8th Cir. 1977).

Termination under § 6-17-1507 could not be used as a subterfuge to enforce nonrenewal, when the procedure for nonrenewal was void due to noncompliance with the nonrenewal statute. Hannon v. Armorel Sch. Dist. # 9, 329 Ark. 267, 946 S.W.2d 950 (1997) (decided under former version of § 6-17-503).

Cited: Allred v. Ark. Dep't of Corr. Sch. Dist., 322 Ark. 772, 912 S.W.2d 4 (1995); Spainhour v. Dover Pub. Sch. Dist., 331 Ark. 53, 958 S.W.2d 528 (1998); Harris v. Altheimer Unified Sch. Dist., 94 Ark. App. 152, 227 S.W.3d 437 (2006); Bismarck Sch. Dist. v. Sims, 2012 Ark. App. 239, 406 S.W.3d 805 (2012).

6-17-1507. Notice of termination recommendation.

  1. A teacher may be terminated only during the term of any contract when there is a reduction in force created by districtwide reduction in licensed staff or for incompetent performance, conduct which materially interferes with the continued performance of the teacher's duties, repeated or material neglect of duty, or other just and reasonable cause.
  2. The superintendent shall notify the teacher of the termination recommendation.
    1. The notice shall include a statement of the grounds for the recommendation of termination, setting forth the grounds in separately numbered paragraphs so that a reasonable teacher can prepare a defense.
    2. The notice shall be delivered in person to the teacher or sent by registered or certified mail to the teacher at the teacher's residence address as reflected in the teacher's personnel file.

History. Acts 1983, No. 936, § 5; A.S.A. 1947, § 80-1266.4; Acts 1999, No. 852, § 2; 2001, No. 1739, § 2; 2011, No. 989, § 56.

Amendments. The 2011 amendment substituted “licensed” for “certified” in (a).

Case Notes

In General.

The Teacher Fair Dismissal Act of 1979 gave rise to a minimal, but sufficient, expectation in continued employment, absent some rational, justifiable cause for termination; therefore, a teacher had a substantive property right of which he could not be deprived except pursuant to constitutionally adequate procedures. Rogers v. Masem, 788 F.2d 1288 (8th Cir. 1985) (decision under prior law).

Adequacy of Notice.

Notice of termination held adequate, timely and proper. Garner v. Highland School Dist., 243 Ark. 750, 421 S.W.2d 895 (1967).

Prior to termination, the school board was obligated, at a minimum, to provide the assistant principal notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story. Where the assistant principal was not informed of his right to request such a hearing, nor was such a hearing provided until more than four months after his employment ended, due process was denied and the assistant principal was entitled to recover in his claim. Rogers v. Masem, 788 F.2d 1288 (8th Cir. 1985) (decision under prior law).

In an action under the Teacher Fair Dismissal Act of 1983, §§ 6-17-1501 to 6-17-1510, the superintendent complied with the notice requirements of this section by setting forth the basis for each of the four grounds for the teacher's termination in such clear detail that any reasonable teacher would have had no trouble preparing a defense. Timpani v. Lakeside Sch. Dist., 2011 Ark. App. 668, 386 S.W.3d 588 (2011).

Arbitrary or Capricious Nonrenewal.

School board's nonrenewal of teacher's contract held to be arbitrary and capricious. Allen v. Texarkana Pub. Sch., 303 Ark. 59, 794 S.W.2d 138 (1990) (decision under prior law).

Termination by School Board of teacher's contract which relied exclusively on conduct from a prior school year, without a ground for termination in the current school year, was arbitrary and capricious. Hannon v. Armorel Sch. Dist. # 9, 329 Ark. 267, 946 S.W.2d 950 (1997) (decision under prior law).

Noncompliance.

Teacher terminated without written notice and denied hearing was entitled to reinstatement for the contract year and back pay less mitigating outside earnings. Wagner v. Little Rock Sch. Dist., 373 F. Supp. 876 (E.D. Ark. 1973) (decision under prior law).

Where teacher requested a hearing within the thirty-day window provided by § 6-17-1509, but school district did not offer teacher a hearing, that violation of this subchapter voided the teacher's termination; the remedy granted was back pay rather than reinstatement. Jackson v. Delta Special Sch. Dist., No. 2, 86 F.3d 1489 (8th Cir. 1996) (decided under former version of § 6-17-503).

Because the notice of termination recommendation did not include all the incidents later considered by the board, the district failed to comply with subsection (c); the violation of this provision, together with the district's violation of § 6-17-1510(c), rendered the district's decision to terminate the teachers's contract void. Nettleton Sch. Dist. v. Owens, 329 Ark. 367, 948 S.W.2d 94 (1997) (decision under prior law).

Circuit court properly found that a teacher did not receive a fair and impartial hearing, that his termination was void, and that his employment contract should be reinstated because the school board considered evidence that went beyond the notice of termination provided to a teacher and did not comply with the statutory procedures. Warren Sch. Dist. v. Avery, 2013 Ark. App. 414 (2013).

Resignation.

A high school principal's resignation was not equivalent to a firing, notwithstanding that the resignation was requested by the superintendent where the principal voluntarily chose to resign rather than be fired and was fully aware of his alternatives. Higginbotham v. Junction City Sch. Dist., 332 Ark. 556, 966 S.W.2d 877 (1998), overruled in part, Williams v. Little Rock Sch. Dist., 347 Ark. 637, 66 S.W.3d 590 (2002) (decision under prior law).

Termination and Nonrenewal.

Termination under this section could not be used as a subterfuge to enforce nonrenewal, when the procedure for nonrenewal was void due to noncompliance with the nonrenewal statute. Hannon v. Armorel Sch. Dist. # 9, 329 Ark. 267, 946 S.W.2d 950 (1997) (decided under former version of § 6-17-503).

The district failed to strictly comply with this subchapter in both giving the required notice and in conducting a separate vote on each of the reasons for termination. Jackson v. El Dorado Sch. Dist., 74 Ark. App. 433, 48 S.W.3d 558 (2001) (decision under prior law).

Dismissal of a teacher was proper based on a 2011-12 contract where insubordination occurred during that contract period; dismissal based on a contract for 2012-13 was proper based on the fact that the teacher let his license expire. Hollis v. Fayetteville Sch. Dist. No. 1, 2015 Ark. App. 544, 473 S.W.3d 45 (2015).

Circuit court did not err in granting summary judgment in favor of a school district because it complied with The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq., when it terminated a school principal for just and reasonable cause; the school board heard uncontested evidence that the principal did not call the child-abuse hotline as required by § 12-18-402 when she became aware of the contents of a child's letter detailing that she had been touched by her grandfather and that she had “bad things” in her life. Struble v. Blytheville Sch. Dist., 2017 Ark. App. 99, 516 S.W.3d 269 (2017).

Cited: McClelland v. Paris Pub. Sch., 294 Ark. 292, 742 S.W.2d 907 (1988).

6-17-1508. Suspension.

  1. Whenever a superintendent has reason to believe that cause exists for the termination of a teacher and that immediate suspension of the teacher is necessary, the superintendent may suspend the teacher without notice or a hearing.
  2. The superintendent shall notify the teacher in writing within two (2) school days of the suspension.
    1. The written notice shall include a statement of the grounds for suspension or recommended termination, setting forth the grounds in separately numbered paragraphs so that a reasonable teacher can prepare a defense.
    2. The written notice shall be delivered in person to the teacher or sent by registered or certified mail to the teacher at the teacher's residence address as reflected in the teacher's personnel file and shall state that a hearing before the board of directors is available to the teacher upon request provided that the request is made in writing within the time provided in § 6-17-1509.
  3. The hearing shall be scheduled by the president, vice president, or secretary of the board of directors of a school district and the teacher and shall be held within the time and manner provided in § 6-17-1509 after a request for the hearing is received by the board of directors.
  4. If sufficient grounds for termination or suspension are found, the board of directors may terminate the teacher or continue the suspension for a definite period of time.
  5. The salary of a suspended teacher shall cease as of the date the board of directors sustains the suspension.
  6. If sufficient grounds for termination or suspension are not found, the teacher shall be reinstated without loss of compensation.

History. Acts 1983, No. 936, § 6; A.S.A. 1947, § 80-1266.5; Acts 1999, No. 852, § 3.

Case Notes

Burden of Proof.

The school district has the burden of proving that a nonprobationary teacher dismissed without cause could have obtained other employment in mitigation. Where the school district offered no evidence that another school district refused to hire the teacher because she sent with her job application a letter which contained two misspellings and one word incorrectly used and her “statement of philosophy of education,” nor did the school district offer evidence of the extent to which the teacher's actions contributed to her inability to mitigate her damages, the school district failed to meet its burden of proof. Western Grove Sch. Dist. v. Strain, 288 Ark. 507, 707 S.W.2d 306 (1986) (decision under prior law).

Compensation.

Where a nonprobationary teacher was removed from her job without cause, her contract was in abeyance during the pendency of the lawsuit appealing the decision of the school district. Since the lawsuit resulted in her reinstatement, the teacher was entitled to be compensated for the two years of salary she lost between her nonrenewal and her reinstatement. Western Grove Sch. Dist. v. Strain, 288 Ark. 507, 707 S.W.2d 306 (1986) (decision under prior law).

Due Process.

Where the assistant principal received a notice from the superintendent which stated that termination was being recommended, the letter stated that its purpose was to provide the assistant principal with the reasons for the recommendation of termination in accordance with the Teacher Fair Dismissal Act of 1979, and the act required that a probationary teacher be given a statement of the grounds for termination but not for nonrenewal, the inclusion of the reasons, which were made on the advice of legal counsel indicated that the letter was, in fact, one of termination; therefore since the letter did not state that a hearing was available to the assistant principal, and the assistant principal did not receive the timely hearing on the facial appearance of the letter, the assistant principal did not receive due process. Rogers v. Masem, 788 F.2d 1288 (8th Cir. 1985) (decision under prior law).

A superintendent does have authority to place a teacher or a noncertified district employee on suspension; however, those suspended are entitled to a hearing, and only a school board can extend the suspension or deprive the employee of compensation. Springdale Educ. Ass'n v. Springdale Sch. Dist., 133 F.3d 649 (8th Cir. 1998).

Cited: Releford v. Pine Bluff Sch. Dist. No. 3, 355 Ark. 503, 140 S.W.3d 483 (2004).

6-17-1509. Hearing.

  1. A teacher who receives a notice of recommended termination or nonrenewal may file a written request with the board of directors of the school district for a hearing.
  2. Written request for a hearing shall be sent by certified or registered mail to the president, vice president, or secretary of the board of directors of the school district, with a copy to the superintendent, or may be delivered in person by the teacher to the president, vice president, or secretary of the board of directors of the school district, with a copy to the superintendent, within thirty (30) calendar days after the written notice of proposed termination or nonrenewal is received by the teacher.
  3. Upon receipt of a request for a hearing, the board of directors shall grant a hearing in accordance with the following provisions:
    1. The hearing shall take place at a time agreed upon in writing by the parties, but if no time can be agreed upon, then the hearing shall be held no fewer than five (5) calendar days nor more than twenty (20) calendar days after the written request has been received by the board of directors;
      1. The hearing shall be private unless the teacher or the board of directors shall request that the hearing be public.
      2. If the hearing is public, the parent or guardian of any student under eighteen (18) years of age who offers testimony may elect to have the student's testimony offered in private;
    2. The teacher and the board of directors may be represented by representatives of their choosing;
    3. It shall not be necessary that a full record of the proceedings at the hearing be made and preserved unless:
      1. The board of directors shall elect to make and preserve a record of the hearing at its own expense, in which event a copy shall be furnished the teacher, upon request, without cost to the teacher; or
      2. A written request is filed with the board of directors by the teacher at least twenty-four (24) hours before the time set for the hearing, in which event the board of directors shall make and preserve at its own expense a record of the hearing and shall furnish a transcript to the teacher without cost; and
    4. The board of directors shall not consider at the hearing any new reasons which were not specified in the notices provided pursuant to this subchapter.
  4. Nothing in this section shall preclude a school district which has chosen to officially recognize in its policies an organization representing the majority of the teachers of the school district for the purpose of negotiating personnel policies, salaries, and educational matters of mutual concern under a written policy agreement from conducting a single nonrenewal hearing when all the school district's teachers are recommended for nonrenewal provided that each teacher at such hearing shall be given an opportunity to make comments to be included in the hearing record.

History. Acts 1983, No. 936, § 9; A.S.A. 1947, § 80-1266.8; Acts 1999, No. 852, § 4; 1999, No. 1581, § 1; 2001, No. 551, § 1.

Research References

Ark. L. Rev.

Watkins, Open Meetings Under the Arkansas Freedom of Information Act, 38 Ark. L. Rev. 268.

Case Notes

Attorney's Fees.

A claim for violation of this subchapter was not a claim for labor or services, or breach of contract for which attorney's fees might be awarded to the prevailing party under § 16-22-308. Piggee v. Jones, 84 F.3d 303 (8th Cir. 1996).

Actions brought pursuant to this subchapter are actions in contract for labor or services such that attorney's fees may be awarded by the trial court pursuant to § 16-22-308. Love v. Smackover Sch. Dist., 329 Ark. 4, 946 S.W.2d 676 (1997).

An action brought pursuant to this subchapter is both a civil action and a claim for labor or services within the meaning of § 16-22-308, and thus attorney’s fees are recoverable. Hall v. Kingsland Sch. Dist., 56 Ark. App. 110, 938 S.W.2d 571 (1997).

Due Process.

Failure to afford a dismissed teacher a full hearing and provide a complete written record thereof amounts to a denial of due process of law under U.S. Const., Amend. 14. Appler v. Mountain Pine Sch. Dist., 342 F. Supp. 1131 (W.D. Ark. 1972) (decision under prior law).

Evidence sufficient to show that teachers whose contracts were not renewed were not denied due process and equal protection on the theory that the school board made its determination not to renew the contracts prior to the hearings. Cato v. Collins, 394 F. Supp. 629 (E.D. Ark. 1975), aff'd, 539 F.2d 656 (8th Cir. 1976) (decision under prior law).

Plaintiff had no property or liberty rights at stake and thus was not entitled to the procedural due process provided by the United States Constitution or substantive due process rights in his contest to reverse the school board's decision not to renew contract. Williams v. Day, 412 F. Supp. 336 (E.D. Ark. 1976), aff'd, 553 F.2d 1160 (8th Cir. 1977) (decision under prior law).

The federal constitution required that notice and an opportunity for hearing before termination must precede the dismissal of even a nontenured teacher during the contract term. Cochran v. Chidester Sch. Dist., 456 F. Supp. 390 (W.D. Ark. 1978) (decision under prior law).

Where the assistant principal received a notice from the superintendent which stated that termination was being recommended, the letter stated that its purpose was to provide the assistant principal with the reasons for the recommendation of termination in accordance with the Teacher Fair Dismissal Act of 1979, and the act required that a probationary teacher be given a statement of the grounds for termination but not for nonrenewal, the inclusion of the reasons, which were made on the advice of legal counsel indicated that the letter was, in fact, one of termination; therefore since the letter did not state that a hearing was available to the assistant principal, and the assistant principal did not receive the timely hearing on the facial appearance of the letter, the assistant principal did not receive due process. Rogers v. Masem, 788 F.2d 1288 (8th Cir. 1985) (decision under prior law).

A public employee is entitled to the minimal requirements of fair play before being terminated, and those requirements are: (1) clear and actual notice of the reasons for termination in sufficient detail to enable him or her to present evidence relating to them; (2) notice of both the names of those who have made allegations against the teacher and the specific nature and factual basis for the charges; (3) a reasonable time and opportunity to present testimony in his or her own defense; and (4) a hearing before an impartial board or tribunal. Casada v. Booneville School Dist., 686 F. Supp. 730 (W.D. Ark. 1988).

The failure to provide a hearing constituted neither a deprivation of a teacher's due process rights, nor a violation of this section, where the teacher, instead of receiving a hearing following the notification of nonrenewal, was offered a contract for a second school term, in effect mooting the request for a hearing. Hubbard v. Parker, 994 F.2d 529 (8th Cir. 1993).

A superintendent does have authority to place a teacher or a noncertified district employee on suspension; however, those suspended are entitled to a hearing, and only a school board can extend the suspension or deprive the employee of compensation. Springdale Educ. Ass'n v. Springdale Sch. Dist., 133 F.3d 649 (8th Cir. 1998).

Where the school district failed to comply with this section by failing to give teacher a hearing before it voted not to renew her contract, the action of the district was void under § 6-17-1503; although this may have been a “procedural error” and although the district may have substantially complied with the hearing provisions of this section, substantial compliance has not been sufficient since 1989. Spainhour v. Dover Pub. Sch. Dist., 331 Ark. 53, 958 S.W.2d 528 (1998) (decided under former version of § 6-17-503).

Circuit court properly found that a teacher did not receive a fair and impartial hearing, that his termination was void, and that his employment contract should be reinstated because the school board considered evidence that went beyond the notice of termination provided to a teacher and did not comply with the statutory procedures. Warren Sch. Dist. v. Avery, 2013 Ark. App. 414 (2013).

Notice Required.

Although § 6-17-1510 describes the administrative hearing process in this section and § 6-17-1510 as the “exclusive remedy” for any nonprobationary teacher aggrieved by a board decision, this procedure presupposes a proper notice of a nonrenewal recommendation by the superintendent to the teacher so that the teacher may request a hearing before board action. Western Grove Sch. Dist. v. Terry, 318 Ark. 316, 885 S.W.2d 300 (1994).

Public Disclosure.

Where the reasons for nonrenewal of teacher's contract became public information only after teacher's request for a public hearing, teacher was not deprived of an interest in liberty by the disclosure. Cato v. Collins, 539 F.2d 656 (8th Cir. 1976) (decision under prior law).

Record.

Furnishing minutes of hearing by school board did not comply with the provisions of former section for a record of the proceedings. Appler v. Mountain Pine Sch. Dist., 342 F. Supp. 1131 (W.D. Ark. 1972) (decision under prior law).

Review.

In order for a reviewing court to make a determination regarding the adequacy of notice given, it must examine not only the notice of nonrenewal, but also any record of the school-board hearing made pursuant to the Arkansas Teacher Fair Dismissal Act, § 6-17-1501 et seq. Thus, in a case where a teacher alleged that she was not given adequate notice of the nonrenewal of her contract the trial court erred by determining the issue without considering what actually occurred at a hearing on the matter before a school board to see if the teacher was able to prepare a defense. Watson Chapel Sch. Dist. v. Russell, 367 Ark. 443, 241 S.W.3d 242 (2006).

Right Generally.

This section contemplates that an opportunity to be heard be accorded before the school board's decision on the superintendent's recommendation not to renew a nonprobationary teacher's contract. Murray v. Altheimer-Sherrill Pub. Sch., 294 Ark. 403, 743 S.W.2d 789 (1988).

This section was amended in 1987 to expand the hearing requirement to probationary and nonprobationary teachers alike. Hubbard v. Parker, 994 F.2d 529 (8th Cir. 1993).

Where teacher requested a hearing within the thirty-day window provided by this section, but school district did not offer teacher a hearing, that violation of this subchapter voided the teacher's termination; the remedy granted was back pay rather than reinstatement. Jackson v. Delta Special Sch. Dist., No. 2, 86 F.3d 1489 (8th Cir. 1996) (decided under former version of § 6-17-503).

Circuit court did not err in granting a teacher injunctive relief and enjoining a school district from denying the teacher a hearing or refusing to renew his contract until his rights were adjudicated in the hearing because the teacher was entitled to the provision of this section, the Arkansas Teacher Fair Dismissal Act, that afforded him a hearing; nothing in the Act indicates that a teacher is not employed unless he or she has a written contract, and the requirement of the Act, § 6-17-1506(a), that a teacher's contract must be renewed in writing refers to an original “contract” but does not specify that it be a written contract. Fayetteville Pub. Schs v. Dial, 2010 Ark. App. 296 (2010).

Timeliness.

Holding a requested hearing fewer than five days after teacher's request for review of superintendent's termination recommendation was submitted constituted failure to comply strictly with subdivision (c)(1). Lester v. Mount Vernon-Enola Sch. Dist., 323 Ark. 728, 917 S.W.2d 540 (1996) (decision under prior law).

Cited: Wagner v. Little Rock Sch. Dist., 373 F. Supp. 876 (E.D. Ark. 1973); Struble v. Blytheville Sch. Dist., 2017 Ark. App. 99, 516 S.W.3d 269 (2017).

6-17-1510. Board action on termination or nonrenewal — Appeal.

    1. Upon conclusion of its hearing with respect to the termination or nonrenewal of a contract of a teacher who has been employed as a full-time teacher by the school district for less than three (3) continuous years, the board of directors shall take action on the recommendations by the superintendent with respect to the termination or nonrenewal of such contract.
    2. The board of directors' decision with regard to nonrenewal of a probationary teacher shall be final.
    1. Any licensed teacher who has been employed continuously by the school district three (3) or more years or who may have achieved nonprobationary status pursuant to § 6-17-1502 may be terminated or the board of directors may refuse to renew the contract of the teacher only when there is a reduction in force created by districtwide reduction in licensed personnel, for incompetent performance, conduct which materially interferes with the continued performance of the teacher's duties, repeated or material neglect of duty, or other just and reasonable cause.
    2. Upon completion of the hearing, the board of directors, within ten (10) days after the holding of the hearing, shall:
      1. Uphold the recommendation of the superintendent to terminate or not renew the teacher's contract;
      2. Reject or modify the superintendent's recommendation to terminate or not renew the teacher's contract; or
        1. Vote to continue the contract of the teacher under such restrictions, limitations, or assurances as the board of directors may deem to be in the best interest of the school district.
        2. The decision shall be reached by the board of directors within ten (10) days from the date of the hearing, and a copy shall be furnished in writing to the teacher involved, either by personally delivering it to the teacher or by addressing it to the teacher's last known address by registered or certified mail.
  1. Subsequent to any hearing granted a teacher by this subchapter, the board of directors, by majority vote, shall make specific written conclusions with regard to the truth of each reason given the teacher in support of the recommended termination or nonrenewal.
    1. The exclusive remedy for any nonprobationary teacher aggrieved by the decision made by the board of directors shall be an appeal therefrom to the circuit court of the county in which the school district is located, within seventy-five (75) days of the date of written notice of the action of the board of directors.
    2. Additional testimony and evidence may be introduced on appeal to show facts and circumstances showing that the termination or nonrenewal was lawful or unlawful.

History. Acts 1983, No. 936, § 10; A.S.A. 1947, § 80-1266.9; Acts 2001, No. 1739, § 3; 2011, No. 989, § 57.

Amendments. The 2011 amendment, in (b), substituted “licensed” for “certified” and “licensed personnel” for “certified staff.”

Research References

U. Ark. Little Rock L.J.

Survey—Constitutional Law, 11 U. Ark. Little Rock L.J. 161.

Case Notes

In General.

A school board, and not a superintendent, has ultimate responsibility for all district policies, including policies involving unfavorable employment action. Springdale Educ. Ass'n v. Springdale Sch. Dist., 133 F.3d 649 (8th Cir. 1998).

Where a discharged teacher took a voluntary nonsuit of the claim under this section she filed in state county court, she had the right to refile that claim within one year, which she did. Richardson v. Booneville Sch. Dist., 766 F. Supp. 2d 910 (W.D. Ark. 2011).

Because the administrative hearing under subsection (d) of this section was clearly remedial and designed to correct the evidentiary record at the predetermination hearing, and the hearing was not a hearing de novo but only an opportunity to present additional evidence, the discharged teacher had the right to pursue the 42 U.S.C. § 1983 action even though she took a voluntary nonsuit in the state circuit court under Ark. R. Civ. P. 41. Richardson v. Booneville Sch. Dist., 766 F. Supp. 2d 910 (W.D. Ark. 2011).

Construction.

While the plain language of this section does not speak in terms of a “separate” vote, subsection (c) plainly requires a majority vote on the truth of each reason given the teacher in support of the recommended termination; and the board must make specific written conclusions with regard to each of these reasons. Nettleton Sch. Dist. v. Owens, 329 Ark. 367, 948 S.W.2d 94 (1997) (decided under former version of § 6-17-503).

Nothing in the language of the statute either explicitly or impliedly stated that the exclusive remedy of an appeal to circuit court was applicable to cases involving a disputed resignation; the fact that the General Assembly specifically stated the types of grievances that had to be appealed to circuit court was a prime indicator of legislative intent. Williams v. Little Rock Sch. Dist., 347 Ark. 637, 66 S.W.3d 590 (2002).

Appeal.

Where a nonprobationary teacher filed suit in the district court raising a federal claim that her dismissal was based on discriminatory reasons, and a pendent state claim that her dismissal was not in compliance with the Teacher Fair Dismissal Act, the district court had jurisdiction to decide the pendent state law claim even though the Teacher Fair Dismissal Act vested exclusive jurisdiction of an appeal from the decision of a school board in the state court. Thompkins v. Stuttgart School Dist., 787 F.2d 439 (8th Cir. 1986) (decision under prior law).

Upon review of the nonrenewal of a teacher's contract, the trial court properly went beyond finding that the procedure followed by the school board was correct and considered the trial testimony as well as the record. Kirtley v. Dardanelle Pub. Sch., 288 Ark. 86, 702 S.W.2d 25 (1986) (decision under prior law).

If there is any rational basis for the school board's decision to dismiss a teacher, the court need not find the board's decision to have been arbitrary, capricious or discriminatory. Kirtley v. Dardanelle Pub. Sch., 288 Ark. 86, 702 S.W.2d 25 (1986) (decision under prior law).

The burden was on the teacher to show that the school board's action in dismissing her was arbitrary, capricious or discriminatory. Kirtley v. Dardanelle Pub. Sch., 288 Ark. 86, 702 S.W.2d 25 (1986) (decision under prior law).

The determination not to renew a teacher's contract is a matter within the discretion of the school board, and the reviewing court cannot substitute its opinion for that of the board in the absence of an abuse of discretion by the board. Leola Sch. Dist. v. McMahan, 289 Ark. 496, 712 S.W.2d 903 (1986) (decision under prior law); King v. Elkins Pub. Sch., 22 Ark. App. 52, 733 S.W.2d 417 (1987); Caldwell v. Blytheville, Ark. Sch. Dist., 23 Ark. App. 159, 746 S.W.2d 381 (1988); Helena-West Helena Sch. Dist. v. Davis, 40 Ark. App. 161, 843 S.W.2d 873 (1992), cert. denied, 313 Ark. 99, 853 S.W.2d 864 (1993).

In reviewing the trial court's decision regarding the dismissal of a teacher, the Supreme Court will affirm unless the court's findings were clearly erroneous; it is not the Supreme Court's function to substitute its judgment for the circuit court's or the school board's. Leola Sch. Dist. v. McMahan, 289 Ark. 496, 712 S.W.2d 903 (1986) (decision under prior law); Caldwell v. Blytheville, Ark. Sch. Dist., 23 Ark. App. 159, 746 S.W.2d 381 (1988).

In finding that the school board's nonrenewal of the teacher's contract constituted an abuse of discretion, the trial judge did not impermissibly substitute his judgment for that of the board, but rather acted within the scope of judicial review of school board actions. Leola Sch. Dist. v. McMahan, 289 Ark. 496, 712 S.W.2d 903 (1986) (decision under prior law).

This subchapter does not require that the school board make specific findings of fact, only that it make specific written conclusions with regard to the truthfulness of the reasons for dismissal. Caldwell v. Blytheville, Ark. Sch. Dist., 23 Ark. App. 159, 746 S.W.2d 381 (1988).

Damages.

The proper measure of damages for a teacher prevailing in a contract dispute under this subchapter is the loss sustained less any mitigation earnings that may be realized through subsequent employment. Marshall Sch. Dist. v. Hill, 56 Ark. App. 134, 939 S.W.2d 319 (1997).

Discrimination.

Evidence showed that race was not a motivating factor in teacher's nonrenewal. Marshall v. Kirkland, 602 F.2d 1282 (8th Cir. 1979) (decision under prior law).

Dismissal Improper.

Nonrenewal of a counselor's employment contract violated the Arkansas Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq., because it was unreasonable to hold the counselor accountable for errors in a student handbook relating to graduation requirements, and there was no substantial compliance with the Act where the counselor was only evaluated once during his 14-year tenure at a school. Bismarck Sch. Dist. v. Sims, 2012 Ark. App. 239, 406 S.W.3d 805 (2012).

Dismissal Proper.

Dismissal of a teacher was proper based on a 2011-12 contract where insubordination occurred during that contract period; dismissal based on a contract for 2012-13 was proper based on the fact that the teacher let his license expire. Hollis v. Fayetteville Sch. Dist. No. 1, 2015 Ark. App. 544, 473 S.W.3d 45 (2015).

Teacher did not have a cause of action against a school district under the Arkansas Whistle-Blower Act, § 21-1-601 et seq., because the teacher was terminated for misconduct — insubordination, inappropriate and offensive behavior, and making defamatory statements, rather than for any statements he made under the Act. Hollis v. Fayetteville Sch. Dist. No. 1, 2015 Ark. App. 544, 473 S.W.3d 45 (2015).

Circuit court did not err in granting summary judgment in favor of a school district because it complied with The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq., when it terminated a school principal for just and reasonable cause; the school board heard uncontested evidence that the principal did not call the child-abuse hotline as required by § 12-18-402 when she became aware of the contents of a child's letter detailing that she had been touched by her grandfather and that she had “bad things” in her life. Struble v. Blytheville Sch. Dist., 2017 Ark. App. 99, 516 S.W.3d 269 (2017).

Due Process.

Refusal of the school board to provide the names of persons making allegations and the specific nature and factual basis for charges prior to the hearing and, at the hearing, the denial of an opportunity to cross-examine available witnesses was a denial of due process not remedied by the right of appeal to the circuit court. Casada v. Booneville School Dist., 686 F. Supp. 730 (W.D. Ark. 1988).

The trial court's reversal of the school board's decision to terminate a teacher was clearly erroneous and was reversed where there had been no denial of due process due to the absence from the school board proceeding of the girls accusing the teacher of sexual molestation, since the teacher's failure to raise the issue of his right to cross-examine the witnesses resulted in waiver of that right; the testimony and evidence introduced at the school board hearing supported the school board's decision to terminate the teacher. Helena-West Helena Sch. Dist. v. Davis, 40 Ark. App. 161, 843 S.W.2d 873 (1992), cert. denied, 313 Ark. 99, 853 S.W.2d 864 (1993).

Exclusive Remedy.

Dismissed teacher did not have a common-law breach of contract claim against a school district because the exclusive remedy for the teacher was set forth in this section. Hollis v. Fayetteville Sch. Dist. No. 1, 2015 Ark. App. 544, 473 S.W.3d 45 (2015).

Former Standard.

—Arbitrary and Capricious Dismissal.

Where teacher's counsel vigorously argued that discharging teacher would be arbitrary and capricious, contending that the evidence failed to establish unequivocally that teacher had accused the superintendent or the others of stealing food from the cafeteria and the school's counsel argued the contrary, asserting that teacher's termination would not be arbitrary or capricious because the evidence clearly established that he had made the false accusations, and following closing arguments, the school board privately conferred and then publicly voted to discharge teacher, thereby concluding that teacher's discharge would not be arbitrary, capricious, or discriminatory because he had made the derogatory statements, and on appeal to the state court teacher challenged these findings by contending that the school board had terminated him “without valid cause” and the state court fully reviewed on the record the school board's decision to discharge him, and expressly held that the school board's action was not arbitrary, capricious, or discriminatory, the state court unquestionably addressed the teacher's due process contentions. Gahr v. Trammel, 796 F.2d 1063 (8th Cir. 1986) (decision under prior law).

A school board's action in refusing to renew a teacher's contract is arbitrary and capricious only if the board's decision is not supportable on any rational basis. Leola Sch. Dist. v. McMahan, 289 Ark. 496, 712 S.W.2d 903 (1986); King v. Elkins Pub. Sch., 22 Ark. App. 52, 733 S.W.2d 417 (1987); Caldwell v. Blytheville, Ark. Sch. Dist., 23 Ark. App. 159, 746 S.W.2d 381 (1988) (preceding decisions under prior law).

It was intended by the legislature that the teacher be apprised of any problems and permitted to respond. Where the teacher was not given prompt notice nor the opportunity to respond immediately to allegations against her, and her dismissal was based on these same complaints, the trial court was correct in finding that the board relied upon arbitrary and capricious reasons for nonrenewal. Leola Sch. Dist. v. McMahan, 289 Ark. 496, 712 S.W.2d 903 (1986) (decision under prior law).

In determining that the nonrenewal of the teacher's contract was arbitrary, capricious, and discriminatory, the trial court did not err in placing weight on the fact that the superintendent originally recommended renewal and then, when asked by the board to provide more information, recommended nonrenewal, even though the recommendation of the superintendent was not binding on the board, where it was clear from the record that the recommendation was relied upon by the board members as they considered the teacher's contract. Leola Sch. Dist. v. McMahan, 289 Ark. 496, 712 S.W.2d 903 (1986) (decision under prior law).

Reinstatement was an appropriate remedy where the dismissal of the teacher was arbitrary, capricious, and discriminatory, even though hard feelings may be the result. Leola Sch. Dist. v. McMahan, 289 Ark. 496, 712 S.W.2d 903 (1986) (decision under prior law).

Action was not arbitrary where there was conceivable basis for application of rule; burden of establishing arbitrary result rests with plaintiff. McClelland v. Paris Pub. Sch., 294 Ark. 292, 742 S.W.2d 907 (1988) (decision under prior law).

School board's actions in not renewing teacher's contract held not to be arbitrary, capricious, or discriminatory. Caldwell v. Blytheville, Ark. Sch. Dist., 23 Ark. App. 159, 746 S.W.2d 381 (1988) (decision under prior law).

School board's nonrenewal of teacher's contract held to be arbitrary and capricious. Allen v. Texarkana Pub. Sch., 303 Ark. 59, 794 S.W.2d 138 (1990) (decision under prior law).

Intent.

Proof of intent is not required by this section. Thus, nonrenewal of teacher's contract for insubordination without requiring proof of an intentional violation of school policy was permissible. King v. Elkins Pub. Sch., 22 Ark. App. 52, 733 S.W.2d 417 (1987) (decision under prior law).

Majority Vote.

The district did not strictly comply with subsection (c) of this section when the board failed to obtain a majority vote with regard to the truth of each reason given the teacher in support of the recommended termination. Nettleton Sch. Dist. v. Owens, 329 Ark. 367, 948 S.W.2d 94 (1997) (decision under prior law).

Nonprobationary Teachers.

A nonprobationary teacher, “aggrieved” by the action of the board had an exclusive remedy of appeal to the circuit court. Head v. Caddo Hills Sch. Dist., 277 Ark. 482, 644 S.W.2d 246 (1982) (decision under prior law).

Notice Required.

Although this section describes the administrative hearing process in § 6-17-1509 and this section as the “exclusive remedy” for any nonprobationary teacher aggrieved by a board decision, this procedure presupposes a proper notice of a nonrenewal recommendation by the superintendent to the teacher so that the teacher may request a hearing before board action. Western Grove Sch. Dist. v. Terry, 318 Ark. 316, 885 S.W.2d 300 (1994).

Particulars for nonrenewal endorsed after the hearing have no curative effect on the lack of completeness of the superintendent's original notice. Hamilton v. Pulaski County Special Sch. Dist., 321 Ark. 261, 900 S.W.2d 205 (1995).

Parol Evidence.

Circuit court did not improperly consider parol evidence in upholding a school district's decision to not renew a teacher's contract because additional testimony and evidence was specifically permitted by subsection (d) of this section of the Arkansas Teacher Fair Dismissal Act, and was properly considered by the circuit court; accordingly, the parol-evidence rule was inapplicable, Kasinger v. East End Sch. Dist., 2011 Ark. App. 595, 385 S.W.3d 885 (2011).

Probationary Teachers.

Under former law, the right of the school district to renew or decline to renew a teacher's contract on an annual basis without any accountability for that decision still existed as to probationary teachers, and no reason at all had to be given for a nonrenewal. Head v. Caddo Hills Sch. Dist., 277 Ark. 482, 644 S.W.2d 246 (1982) (decision under prior law).

Under former similar law, a probationary teacher had no statutory right to appeal from a decision of the school board to the circuit court. Head v. Caddo Hills Sch. Dist., 277 Ark. 482, 644 S.W.2d 246 (1982) (decision under prior law).

A probationary teacher's remedy for an illegal termination was a suit for breach of contract. Head v. Caddo Hills Sch. Dist., 277 Ark. 482, 644 S.W.2d 246 (1982) (decision under prior law).

Under a proper pleading, a probationary teacher could bring an original action in circuit court alleging that a school district had breached its contract by failing to comply with statutes and policies that could be implicitly incorporated therein. Roberts v. Van Buren Pub. Sch., 773 F.2d 949 (8th Cir. 1985) (decision under prior law).

For probationary teachers, the procedures attendant upon nonrenewal are separate and distinct from those attendant on termination; probationary teachers are entitled to a hearing for termination but not for renewal. Rogers v. Masem, 788 F.2d 1288 (8th Cir. 1985) (decision under prior law).

A probationary teacher does not have a statutory right to appeal to circuit court the school board's decision of nonrenewal of his contract. He must therefore pursue any common law remedies he may have. McGee v. Armorel Pub. Schs., 309 Ark. 59, 827 S.W.2d 137 (1992).

Order awarding judgment to a teacher in a breach of contract suit against a school district was upheld where a probationary teacher could pursue a breach of contract suit independently of the Teacher Fair Dismissal Act. Greenwood Sch. Dist. v. Leonard, 102 Ark. App. 324, 285 S.W.3d 284 (2008).

Statute of Limitations.

Teacher's action against the school board for dismissing her was not time-barred where the teacher requested a hearing regarding the nonrenewal of her contract within 30 days of that decision, and the school board agreed to hold the hearing and reconsider its decision; this action effectively tolled the statute of limitations because the administrative process was not yet complete. Thompkins v. Stuttgart School Dist., 787 F.2d 439 (8th Cir. 1986) (decision under prior law).

The 75-day statute of limitations does not apply to all grievances filed by a nonprobationary teacher against the school district; it applies only to termination or nonrenewal of teacher contracts. Bond v. Lavaca Sch. Dist., 73 Ark. App. 5, 38 S.W.3d 923, rev'd, 347 Ark. 300, 64 S.W.3d 249 (2001).

Summary Judgment.

In teacher's case challenging his dismissal, the summary-judgment standard of review was applicable rather than the clearly-erroneous standard of review; the process under subdivision (d)(2) of this section was not followed by the circuit court because the circuit court decided the teacher's claims on the school district's motion for summary judgment. The circuit court did not reopen the record and receive new evidence, save for an affidavit from the teacher. Hollis v. Fayetteville Sch. Dist. No. 1, 2015 Ark. App. 544, 473 S.W.3d 45 (2015).

Written Decision.

School district's decision to terminate the teacher's employment after she hit students was proper under the Teacher Fair Dismissal Act; while the appellate court agreed that delivering a copy of the hearing transcript was not what was intended by subsection (c) of this section, the appellate court was satisfied that, based on the specific facts of the case, delivery of the transcript constituted substantial compliance with the statutory requirement. Further, the teacher did not suffer prejudice as she was present at the board hearing. Cagle v. Van Buren Sch. Dist., 2018 Ark. App. 259 (2018).

School district's decision to terminate the teacher's employment after she hit students was proper under the Teacher Fair Dismissal Act; the teacher's argument that the record lacked evidence of delivery of the transcript was without merit. The supplemental addendum included the court reporter's certification of delivery, which was attached to the motion to dismiss and was in the record before the circuit court at the time of the hearing. Cagle v. Van Buren Sch. Dist., 2018 Ark. App. 259 (2018).

Cited: Green Forest Pub. Sch. v. Herrington, 287 Ark. 43, 696 S.W.2d 714 (1985); Murray v. Altheimer-Sherrill Pub. Sch., 294 Ark. 403, 743 S.W.2d 789 (1988); Head v. Caddo Hills Sch. Dist., 294 Ark. 561, 745 S.W.2d 595 (1988); Whitfield v. Little Rock Pub. Sch., 25 Ark. App. 207, 756 S.W.2d 125 (1988); Sosebee v. County Line Sch. Dist., 320 Ark. 412, 897 S.W.2d 556 (1995); Jasper Sch. Dist. No. 1 v. Cooper, 2014 Ark. 390, 441 S.W.3d 11 (2014).

Subchapter 16 — Master School Principal Program

Publisher's Notes. Former subchapter 16, concerning teaching excellence, was repealed by Acts 1993, No. 475, § 14. The subchapter was derived from the following sources:

6-17-1601. Acts 1987, No. 822, § 1.

6-17-1602. Acts 1987, No. 822, § 2.

6-17-1603. Acts 1987, No. 822, § 3.

6-17-1604. Acts 1987, No. 822, § 6.

6-17-1605. Acts 1987, No. 822, §§ 5, 7.

6-17-1606. Acts 1987, No. 822, § 4.

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-17-1601. Definitions.

As used in this subchapter:

  1. “High-need public school” means an Arkansas public school that, at the time a master principal first becomes entitled to a high-need school salary bonus, is identified as failing to meet certain established levels of academic achievement under rules adopted by the State Board of Education;
  2. “High-need school salary bonus” means an annual bonus to a master principal serving as a principal of a high-need public school;
  3. “Hold-back longevity bonus” means a portion of the high-need school salary bonus held back to be paid at the end of three (3) years and five (5) years of serving as a principal of the same high-need public school; and
  4. “Incentive bonus” means a bonus paid to a master principal serving as a principal of any public school in the state.

History. Acts 2003 (2nd Ex. Sess.), No. 44, § 1; 2013, No. 459, § 1.

Amendments. The 2013 amendment inserted (1) and redesignated the remaining subdivisions accordingly; and, in (2), inserted “high-need” preceding “public” and deleted “in phase two (2) or phase three (3) school improvement status or located in a school district in academic distress”.

6-17-1602. Master School Principal Program.

  1. There is created the Master School Principal Program to provide training programs and opportunities to expand the knowledge base and leadership skills of public school principals.
  2. The program shall be administered by the Arkansas Leadership Academy.
  3. The program shall consist of a process of no fewer than three (3) phases developed by the academy and approved by the State Board of Education, including:
    1. “Phase one”, which shall expand the knowledge base and leadership skills of the principal;
    2. “Phase two”, which shall require the principal to apply strategies and to collect evidence of improvement in student learning and school processes; and
    3. “Phase three”, which shall require the principal to publicly demonstrate the ability and skills that lead to sustained academic improvement in a school and a school district.
  4. A school principal successfully completing the program shall be designated as a master school principal by the academy.
    1. The Division of Elementary and Secondary Education and the academy shall:
      1. Develop criteria for selection of candidates for the process;
      2. Review and modify, as deemed appropriate, the program performance areas; and
        1. Develop a rigorous assessment process based on the performance areas.
        2. The assessment shall include, but shall not be limited to, demonstrable, performance-based evidence of the performance areas.
    2. The number of school principals participating each year may be determined by the amount of funding available for the program.

History. Acts 2003 (2nd Ex. Sess.), No. 44, § 2; 2019, No. 910, § 1475.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (e)(1).

6-17-1603. Yearly incentive bonus.

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

History. Acts 2003 (2nd Ex. Sess.), No. 44, § 3; 2019, No. 315, § 237; 2019, No. 910, § 1476.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (a).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” in the introductory language of (b).

6-17-1604. High-need school salary bonus and hold-back longevity bonus.

  1. The State Board of Education shall promulgate rules for an additional high-need school salary bonus, including a hold-back longevity bonus, for each principal receiving master school principal status and serving as a principal of a high-need public school.
    1. The Division of Elementary and Secondary Education shall pay a high-need school salary bonus of twenty-five thousand dollars ($25,000) for every school year for no more than five (5) years to any building-level principal who:
      1. Receives a master school principal designation from the Arkansas Leadership Academy; and
      2. At the time of receiving the bonus of twenty-five thousand dollars ($25,000), is employed full time as a building-level principal in a high-need public school.
    2. The high-need school salary bonus under subdivision (b)(1) of this section shall be paid as follows:
      1. Twenty thousand dollars ($20,000) for each school year a master principal is employed in a high-need public school; and
      2. An additional five thousand dollars ($5,000) to be set aside for each qualifying school year to be paid as follows:
        1. A hold-back longevity bonus of fifteen thousand dollars ($15,000) at the end of three (3) consecutive school years as a master school principal in the same school; and
        2. A hold-back longevity bonus of ten thousand dollars ($10,000) at the end of five (5) consecutive school years as a master school principal in the same school.
    3. The high-need school salary bonus with the hold-back longevity bonus payable under this section shall be paid in addition to the five-year incentive bonus allowed under § 6-17-1603, if the master principal is within the time frame for eligibility for the five-year incentive bonus.
  2. Regardless of a person's past participation in the Master School Principal Program, a person shall not receive a yearly incentive bonus, a salary bonus, or a longevity bonus if the person leaves full-time employment as a principal of an Arkansas public school district.

History. Acts 2003 (2nd Ex. Sess.), No. 44, § 4; 2013, No. 459, § 2; 2019, No. 315, § 238; 2019, No. 910, § 1477.

A.C.R.C. Notes. Acts 2013, No. 459, § 3, provided: “A master principal eligible for and receiving a high-need salary bonus as of May 1, 2013, for serving as a principal of a public school in school improvement shall remain eligible for a high-need school salary bonus and hold-back longevity bonus while serving as principal of that same public school.”

Amendments. The 2013 amendment, in (a), substituted “State Board” for “Department”, inserted “high-need”, and deleted “in phase two (2) or phase three (3) school improvement status or located in a school district in academic distress”; substituted “Department of Education” for “department” in the introductory language of (b)(1); rewrote (b)(1)(B); inserted “a master principal is employed in a high-need public school” in (b)(2)(A); and rewrote (c).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (a).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (b)(1).

Subchapter 17 — Public School Employee Fair Hearing Act

Effective Dates. Acts 1991, No. 631, § 9: Emergency clause failed to pass. Emergency clause provided: “It is hereby found and determined by the General Assembly that public school employees who are employed in positions not requiring a teaching license should be provided a reasonable procedure for obtaining a hearing when the superintendent recommends the person's termination or nonrenewal as an employee; and that this act is immediately necessary to protect noncertified public school employees. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 1199, § 5: Apr. 8, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that public school employees who are employed in positions not requiring a teaching certificate/license are being presented with employment contracts including language of at will. Such language leaves the employees under written contract with their employer without the rights that traditionally accompany such a contract. This act is immediately necessary to protect classified/noncertified public school employees. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Case Notes

Cited: Kimble v. Pulaski County Special Sch. Dist., 53 Ark. App. 234, 921 S.W.2d 611 (1996).

6-17-1701. Title.

This subchapter shall be known and may be cited as the “Public School Employee Fair Hearing Act”.

History. Acts 1991, No. 631, § 1.

6-17-1702. Definitions.

As used in this subchapter:

  1. “Employee” means any person employed by a school district under a written annual contract who is not required to have an educator license issued by the Division of Elementary and Secondary Education as a condition of employment;
  2. “Full-time employee” means any employee who is contracted to work at least twenty (20) hours per week; and
    1. “Probationary employee” means an employee who has not completed one (1) year of employment in the school district in which he or she is employed.
    2. Provided that at least thirty (30) days before the completion of an employee's probationary period, the superintendent of schools may recommend and the board of directors may vote that one (1) additional year of probation is necessary for an employee.

History. Acts 1991, No. 631, § 2; 2013, No. 1073, § 27; 2013, No. 1138, § 40; 2019, No. 910, § 1478.

Amendments. The 2013 amendments by Nos. 1073 and 1138, in (1), substituted “means” for “shall mean” and “an educator license” for “a teaching certificate”.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (1).

6-17-1703. Termination or nonrenewal — Notice.

  1. The superintendent of a school district may recommend termination of an employee during the term of any contract or the nonrenewal of a full-time nonprobationary employee's contract provided that he or she gives notice in writing, personally delivered or by letter posted by registered or certified mail to the employee's residence address as reflected in the employee's personnel file.
  2. The recommendation of nonrenewal of a full-time nonprobationary employee's contract shall be made no later than thirty (30) calendar days before the beginning of the employee's next contract period.
  3. Such written notice shall include a statement of the reasons for the proposed termination or nonrenewal.
  4. The notice shall further state that an employee being recommended for termination or a full-time nonprobationary employee being recommended for nonrenewal is entitled to a hearing before the school district board of directors upon request provided that the request is made in writing to the superintendent within twenty-five (25) calendar days from receipt of the notice.
  5. It is the public policy of the State of Arkansas that employees, as defined in this subchapter, shall not be considered “at will” employees with regard to the termination of their employment, notwithstanding any contractual provision to the contrary.

History. Acts 1991, No. 631, § 3; 1997, No. 1199, § 1; 1999, No. 1314, § 1.

Case Notes

Applicability.

School employee was only entitled, under the Public School Employee Fair Hearing Act, § 6-17-1701 et seq., to a hearing before the school board if the superintendent recommended termination of the employee's contracts; the employee was not entitled to a hearing for suspension of his job where only a suspension was in issue. Releford v. Pine Bluff Sch. Dist. No. 3, 355 Ark. 503, 140 S.W.3d 483 (2004).

Employment at Will.

This subchapter has not altered the employment-at-will doctrine; where employee's contract was for a definite term but was also terminable at will for any reason provided notice and a hearing were given, and employee was given notice of the reason for termination and provided a hearing, employee was not wrongfully discharged. Kimble v. Pulaski County Special Sch. Dist., 53 Ark. App. 234, 921 S.W.2d 611 (1996) (decision under prior law).

Substantial Compliance.

Substantial compliance is the proper standard to apply pursuant to the Arkansas Public School Employee Fair Hearing Act. Small v. Cottrell, 332 Ark. 225, 964 S.W.2d 383 (1998).

Cited: Gould Pub. Sch. v. Dobbs, 338 Ark. 287, 993 S.W.2d 500 (1999).

6-17-1704. Immediate suspension — Notice.

  1. Nothing in this subchapter shall be construed or interpreted to preclude the superintendent from placing an employee on immediate suspension, provided he or she gives written notice of such action to the employee within two (2) school days of the suspension.
  2. The notice shall include a statement of reasons for the suspension, state whether the superintendent is recommending termination, and state that a hearing before the school district board of directors is available upon request provided that the request is made in writing to the superintendent within twenty-five (25) calendar days from receipt of the notice.

History. Acts 1991, No. 631, § 4; 1999, No. 1314, § 2.

Case Notes

Due Process.

A superintendent does have authority to place a teacher or a noncertified district employee on suspension; however, those suspended are entitled to a hearing, and only a school board can extend the suspension or deprive the employee of compensation. Springdale Educ. Ass'n v. Springdale Sch. Dist., 133 F.3d 649 (8th Cir. 1998).

6-17-1705. Hearing.

  1. Upon receipt of a request for a hearing, the school district board of directors shall conduct a hearing in accordance with the following provisions:
    1. The hearing shall take place no fewer than five (5) nor more than ten (10) days after the written request has been received by the superintendent, except that the employee and board of directors may, in writing, agree to an earlier or later hearing date; and
    2. The hearing shall be public or private at the request of the employee.
  2. The employee may be represented by persons of his or her own choosing.
  3. In hearings held concerning a recommendation for the termination of an employee's contract, either the board of directors or the employee may elect to have a record of the hearing made at the board of director's expense.
  4. In hearings held concerning a recommendation for the nonrenewal of a full-time non-probationary employee, either the board of directors or the employee may elect to have a record of the hearing made, and the expense for the record shall be shared equally between the board of directors and the employee.
    1. After the hearing, the school district board of directors may terminate the employee or continue the suspension for a definite period of time.
      1. The salary of a suspended employee shall cease when the school district board of directors sustains the suspension.
      2. Otherwise, the employee shall be reinstated without loss of compensation.
  5. The decision of the school district board of directors shall be made within ten (10) calendar days of the hearing.

History. Acts 1991, No. 631, §§ 4, 5; 1999, No. 1314, § 3.

Case Notes

Due Process.

A superintendent does have authority to place a teacher or a noncertified district employee on suspension; however, those suspended are entitled to a hearing, and only a school board can extend the suspension or deprive the employee of compensation. Springdale Educ. Ass'n v. Springdale Sch. Dist., 133 F.3d 649 (8th Cir. 1998).

School employee was only entitled, under the Public School Employee Fair Hearing Act, § 6-17-1701 et seq., to a hearing before the school board if the superintendent recommended termination of the employee's contracts; the employee was not entitled to a hearing for suspension of his job where only a suspension was in issue. Releford v. Pine Bluff Sch. Dist. No. 3, 355 Ark. 503, 140 S.W.3d 483 (2004).

Subchapter 18 — Minority Teacher Recruitment and Training Program

6-17-1801 — 6-17-1806. [Repealed.]

Publisher's Notes. This subchapter, concerning the Minority Teacher Recruitment and Training Program, was repealed by Acts 2001, No. 1692, § 3. The subchapter was derived from the following sources:

6-17-1801. Acts 1991, No. 858, § 1.

6-17-1802. Acts 1991, No. 858, § 2.

6-17-1803. Acts 1991, No. 858, § 3.

6-17-1804. Acts 1991, No. 858, § 4.

6-17-1805. Acts 1991, No. 858, § 5.

6-17-1806. Acts 1991, No. 858, § 6.

Subchapter 19 — Minority Recruitment

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-17-1901. Minority teacher and administrator recruitment plan.

  1. Beginning with the 1992-1993 school year, each school district with more than five percent (5%) African-American or other minority students in the state shall prepare a minority teacher and administrator recruitment plan.
  2. The plan shall place emphasis on recruitment of African-Americans and other members of minorities for teacher and administrator positions and on encouraging minority students to pursue a career in education.
  3. Recruitment plans shall cover the next ten-year period and set forth the goal of developing equity in employee composition that reflects racial and ethnic diversity.
  4. The plan shall be a part of the equity assistance plan filed annually with the Equity Assistance Center and shall be updated annually for an additional ten (10) years.

History. Acts 1991, No. 1164, § 1; 2019, No. 910, § 1479.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” following “Equity Assistance Center of the” in (d).

6-17-1902. Equity Assistance Center — Coordination and contents of plan.

  1. The Equity Assistance Center shall provide technical assistance to the school districts in developing recruitment plans.
  2. The designated equity assistance coordinator in each school district may serve as the coordinator of the district's recruitment plan.
    1. Each school district shall designate an employee to coordinate implementation of its recruitment plan.
    2. Each school district shall establish a minority teacher and administrator goal at least equal to the percentage of minority students of the school districts.
  3. The minority teacher and administrator recruitment plan shall include, but not be limited to, the following information:
    1. The goals of the school district for the recruitment of minority teachers and administrators for the next school year and for the next ten (10) school years;
    2. The steps the school district has taken to meet its goals;
    3. The progress of the school district in recruiting minority teachers and administrators;
    4. The measures the school district will use to meet its employment goals;
    5. If the school district did not meet the school district's goals for the previous reporting period, the school district shall state the reasons for not meeting the goals;
    6. The steps the school district will take to encourage minority students to pursue a career in education;
    7. The number and percentage of members of racial minorities who were employed as teachers or administrators in each of the last five (5) years; and
    8. The racial composition of the student body and the racial composition of the residents of the school district.

History. Acts 1991, No. 1164, § 1; 2019, No. 910, § 1480.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” following “Equity Assistance Center of the” in (a).

6-17-1903. [Repealed.]

Publisher's Notes. This section, concerning the creation of the Minority Teacher Recruitment Advisory Council, was repealed by Acts 2009, No. 1484, § 1. The section was derived from Acts 1991, No. 1164, § 2.

Subchapter 20 — Arkansas Teachers' Postgraduate Scholarship Program Act

6-17-2001 — 6-17-2004. [Repealed.]

Publisher's Notes. This subchapter, concerning the Arkansas Teachers' Postgraduate Scholarship Program Act, was repealed by Acts 2001, No. 1692, § 2. The subchapter was derived from the following sources:

6-17-2001. Acts 1993, No. 906, § 1.

6-17-2002. Acts 1993, No. 906, § 2.

6-17-2003. Acts 1993, No. 906, § 3.

6-17-2004. Acts 1993, No. 906, § 4.

Subchapter 21 — Educator Compensation Act

6-17-2101 — 6-17-2106. [Repealed.]

Publisher's Notes. This subchapter, concerning the Educator Compensation Act, was repealed by Acts 2005, No. 2121, § 21. The subchapter was derived from the following sources:

6-17-2101. Acts 2001, No. 1456, § 1.

6-17-2102. Acts 2001, No. 1456, § 2.

6-17-2103. Acts 2001, No. 1456, § 3.

6-17-2104. Acts 2001, No. 1456, § 4; 2003 (1st Ex. Sess.), No. 51, § 25.

6-17-2105. Acts 2001, No. 1456, § 5.

6-17-2106. Acts 2001, No. 1456, § 6.

Subchapter 22 — Classified School Employee Minimum Salary Act

Effective Dates. Acts 2007, No. 1197, § 2: Apr. 4, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that paraprofessionals are important to the delivery of educational services to students in the state; that the federal No Child Left Behind Act requires all paraprofessionals who provide instructional support and who work in a program supported with Title I, Part A funds to meet certain federal qualification requirements to achieve highly qualified paraprofessional status; that this act is immediately necessary to authorize the Department of Education to provide bonuses for all paraprofessional employees who have attained the highly qualified status. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-17-2201. Title.

This subchapter shall be known and may be cited as the “Classified School Employee Minimum Salary Act”.

History. Acts 2001, No. 1138, § 1.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

6-17-2202. Definitions.

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

  1. “Classified employee” means any employee of a public school district in Arkansas who performs work for the school district and who is not required to hold a valid teaching license issued by the State Board of Education as a condition of employment; and
  2. “Full-time classified employee” means any classified employee who works twenty (20) or more hours per week for the public school district.

History. Acts 2001, No. 1138, § 1.

6-17-2203. Minimum salary.

  1. A full-time classified employee shall not receive an hourly rate of compensation less than six dollars and twenty-five cents ($6.25) per hour.
  2. No classified employee's hourly rate of compensation shall be reduced as a result of this subchapter.
  3. Beginning July 1, 2003, and each year thereafter, the minimum hourly rate provided in this subchapter shall be increased by a percentage equal to the percentage increase of the consumer price index.

History. Acts 2001, No. 1138, § 1; 2003, No. 1773, § 1.

6-17-2204. Rules.

The State Board of Education is authorized to promulgate rules to establish a method of determining whether a classified employee shall be considered to work twenty (20) or more hours per week.

History. Acts 2001, No. 1138, § 1; 2019, No. 315, § 239.

Amendments. The 2019 amendment deleted “and regulations” following “Rules” in the section heading; and deleted “and regulations” following “rules” in the section.

6-17-2205. Paid breaks for certain classified employees.

For those classified employees working more than twenty (20) hours per week:

    1. Each school district in the state shall provide no fewer than two (2) paid fifteen-minute breaks during each regular workday for each classified school employee.
    2. The contract day shall not be extended to provide for this section; and
  1. Each school district shall file an affidavit for compliance with the Division of Elementary and Secondary Education regarding the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., for classified employees unless the school district policies or state laws impose higher standards.

History. Acts 2003, No. 1752, § 1; 2019, No. 910, § 1481.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (2).

6-17-2206. Highly qualified paraprofessional bonuses.

    1. The purpose of this section is to provide a bonus from the Division of Elementary and Secondary Education in recognition of the efforts made by paraprofessional employees who attain highly qualified status.
    2. A person who is eligible for a bonus under this section may receive a bonus under subsection (b) or subsection (c) of this section but shall not receive a bonus under both subsection (b) and subsection (c) of this section.
    3. The bonuses under this section are contingent upon the appropriation and availability of funding.
  1. A paraprofessional who is under a contract of employment with a public school district or education service cooperative as a paraprofessional employee on May 1, 2007, and who holds an associate degree or higher degree shall be considered a highly qualified paraprofessional and shall receive a one-time bonus of one thousand dollars ($1,000).
  2. A paraprofessional who is under a contract of employment with a public school district or education service cooperative as a paraprofessional employee on May 1, 2007, shall be considered a highly qualified paraprofessional and shall receive a one-time bonus of five hundred dollars ($500) if he or she has:
    1. Completed sixty (60) hours of coursework at an institution of higher education; or
    2. Passed the high-stakes test for highly qualified status.

History. Acts 2007, No. 1197, § 1; 2019, No. 910, § 1482.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1).

6-17-2207. [Repealed.]

Publisher's Notes. This section, concerning duty-free lunch period, was repealed by Acts 2017, No. 938, § 1. The section was derived from Acts 2015, No. 1104, § 1.

Subchapter 23 — Personnel Policy Law for Classified Employees

Effective Dates. Acts 2005, No. 951, § 2: Mar. 18, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current personnel policy law for classified school employees is inadequate to protect the public's interests in public school districts; that there is a pressing and urgent need to revise the personnel policy law for classified school employees; and that this act is immediately necessary because it will ensure classified employees may fairly participate to the full extent of the law in the development of personnel policies for 2005-2006 contracts. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-17-2301. Requirement.

  1. Each school district in the State of Arkansas shall have a set of written personnel policies, including the salary schedule for classified employees.
  2. For the purposes of this subchapter, there shall be five (5) classifications of classified employees as provided in § 6-17-2303.
  3. Personnel policies of concern to the classified personnel policies committee shall include, but are not limited to, the following terms and conditions of employment:
    1. Salary schedule, fringe benefits, and other compensation issues;
    2. Annual school calendar, including work days and holidays;
    3. Evaluation procedures;
    4. Leave;
    5. Grievance procedures;
    6. Termination, nonrenewal, or suspension;
    7. Reduction in force; and
    8. Assignments.
      1. A school district shall not receive in any year any additional state funding from the Public School Fund until the school district has posted on the school district's website, in accordance with § 6-11-129, its current personnel policies for classified employees, including any salary schedules as required by this subchapter.
      2. The school district shall maintain in a central records location a written copy of the policies signed by the president of the school district's board of directors.
    1. By September 15 of each year, a school district shall provide the Division of Elementary and Secondary Education with the website address at which its current personnel policies for classified employees, including the salary schedule, may be found.
  4. The division shall notify any school district that has not posted its policies on the school district website or provided the division with the website address in accordance with this section.

History. Acts 2003, No. 1780, § 1; 2005, No. 951, § 1; 2011, No. 989, § 58; 2013, No. 1073, § 28; 2019, No. 910, §§ 1483, 1484.

Amendments. The 2011 amendment, in (d)(1), substituted “additional state funding” for “funds” and “posted on the school district's website, in accordance with § 6-11-129” for “filed by the established deadline”; and rewrote (d)(2).

The 2013 amendment, in (d)(1), added the (A) designation and added (B), and deleted “signed by the president of the school board” preceding “including” in (d)(1)(A); and, in (e), substituted “posted” for “filed” and inserted “on the school district website or provided the department with the website address”.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (d)(2); and substituted “division” for “department” twice in (e).

6-17-2302. Applicability — Definitions.

  1. The provisions of this subchapter shall not apply if the school district chooses to officially recognize in its policies an organization representing the majority of the nonmanagement classified employees of the school district for the purpose of negotiating personnel policies, salaries, and educational matters of mutual concern under a written policy agreement.
  2. As used in this section:
    1. “Classified employee” means any person employed by a school district under a written annual contract who is not required to have a teaching license issued by the Division of Elementary and Secondary Education as a condition of employment;
    2. “Classified employee administrator” means any classified or licensed employee who evaluates nonmanagement classified employees and any classified employee who supervises but does not evaluate other classified employees if the nonmanagement classified employees exclude them; and
    3. “Nonmanagement classified employee” means any classified employee who does not evaluate other classified employees. The nonmanagement classified employees in a school district, at their discretion in an election conducted in accordance with § 6-17-2303(c), include in this definition classified employees who supervise but do not evaluate other classified employees.

History. Acts 2003, No. 1780, § 2; 2005, No. 951, § 1; 2011, No. 989, § 59; 2019, No. 910, § 1485.

Amendments. The 2011 amendment substituted “license” for “certificate” in (b)(1); and substituted “licensed” for “certified” in (b)(2).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(1).

6-17-2303. Committee for each school district.

    1. Each school district shall have a committee on personnel policies for classified employees which consists of at least one (1) nonmanagement classified representative from each of the following five (5) classifications:
      1. Maintenance, operation, and custodians;
      2. Transportation;
      3. Food service;
      4. Secretary and clerk; and
      5. Aides and paraprofessionals.
    2. All other job classifications of classified employees not identified in the five (5) classifications may be grouped together and added as an at-large classification and shall have at least one (1) nonmanagement classified representative on the committee on classified personnel policies.
    1. There shall be no more than three (3) classified employee administrators on the committee, one (1) of whom may be the superintendent of schools.
    2. The classified employee administrators on the committee shall be appointed by the school district board of directors or its designee.
  1. The nonmanagement classified employee member of the committee shall be elected by a majority of all nonmanagement classified employees voting by secret ballot.
  2. The election shall be conducted solely and exclusively by the nonmanagement classified employees, including distribution of ballots to all nonmanagement classified employees.
  3. The election shall be conducted by mid-October.
  4. There shall be no additional monetary compensation for service on the committee.

History. Acts 2003, No. 1780, § 3; 2005, No. 951, § 1; 2009, No. 201, § 1.

Amendments. The 2009 amendment inserted “and custodians” in (a)(1)(A), and made a related change.

6-17-2304. Incorporation into employee contracts.

  1. The personnel policies of each school district shall be considered to be incorporated as terms of the classified employees' contracts and shall be binding upon the classified employees and the school district.
    1. Any change or addition to the classified personnel policies shall not be considered a part of classified employee contracts until the next fiscal year.
      1. Any change or addition to the classified personnel policies may take effect before the next fiscal year only if the change or addition is approved by a majority of the classified employees employed by the school district voting by secret ballot.
      2. The voting and counting of ballots shall be conducted by the classified personnel policy committee.
    2. Any change or addition to the classified personnel policies or new personnel policies shall be made in accordance with this subchapter.
  2. Notwithstanding subsection (b) of this section, a change or addition to the classified personnel policies that is necessary to ensure compliance with state rule or federal regulation, a state law enacted during a legislative session, or a federal law that is adopted by the board of directors of a school district each year by the later of June 30 or ninety (90) days after the effective date of the state rule or federal regulation, a state law enacted during a legislative session, or a federal law giving rise to the specific policy change or addition shall be considered a part of the classified personnel contracts on July 1 of the same calendar year or upon the date of adoption if adopted after June 30.

History. Acts 2003, No. 1780, § 4; 2005, No. 951, § 1; 2015, No. 835, § 2; 2019, No. 315, § 240.

Amendments. The 2015 amendment inserted “classified” preceding “personnel” in (b)(1) and (b)(2)(A); and added (c).

The 2019 amendment inserted “rule” twice in (c).

6-17-2305. Organization and duties of committee.

  1. The school district's committee on personnel policies for classified employees shall organize itself in October, elect a chair and secretary, and develop a calendar of meetings throughout the year to review the school district's personnel policies to:
    1. Determine whether additional policies or amendments to existing policies are needed;
    2. Review any policies or changes to policies proposed by the board of directors; and
    3. Propose additional policies or amendments to existing personnel policies to the board of directors.
  2. Minutes of the committee meetings shall be promptly reported and distributed to members of the board of directors and posted in the work sites of the school district, including administrative offices.
    1. Either the committee or the board of directors may propose new personnel policies or amendments to existing policies.
    2. New personnel policies or amendments to existing personnel policies proposed by the board of directors may not be voted on by the board of directors as a school district policy unless the final form of the policy to be voted on has been submitted as a proposed policy to the committee for consideration at least ten (10) working days before the vote of the board of directors.
      1. The superintendent may recommend any changes in personnel policies to the board of directors or the personnel policies committee.
      2. The recommendations may then become proposals at the discretion of either the board of directors or the committee.
  3. The chair of the committee or a committee member designated by the chair shall be placed on the board of directors' agenda and shall have the opportunity to orally present to the board of directors the committee's comments, positions, or proposals on the final form of any proposed policies or amendments to existing policies whether proposed by the committee or the board of directors, before they are voted on by the board of directors as school district policies.
  4. After the oral presentation to the board of directors, final action may be taken immediately, but final action shall be taken no later than the next regular board of directors meeting.
  5. The board of directors may adopt, reject, or refer to the committee on personnel policies for further study and revision any proposed policies or amendments to existing policies that are submitted to the board of directors for consideration by the committee.

History. Acts 2003, No. 1780, § 5; 2005, No. 951, § 1; 2009, No. 1492, § 1.

Amendments. The 2009 amendment inserted (a)(2) and (a)(3) and made related changes; rewrote (c) and (d); in (e), inserted “the oral” and substituted “may be taken immediately, but final action shall be taken” for “shall be taken”; and, in (f), added “by the committee” and made a minor stylistic change.

6-17-2306. Copies furnished classified employees.

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

History. Acts 2003, No. 1780, § 6; 2005, No. 951, § 1.

Subchapter 24 — Teacher Compensation Program of 2003

Effective Dates. Acts 2003 (2nd Ex. Sess.), No. 59, § 6: July 1, 2004. Effective date clause provided: “This act shall become effective on July 1, 2004.”

Acts 2003 (2nd Ex. Sess.), No. 74, § 4: Feb. 4, 2004. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002) declared the current system of education to be unconstitutional because it is both inequitable and inadequate; and the Arkansas Supreme Court set forth the test for a constitutional system to be one in which the State has an ‘absolute duty’ to provide an ‘equal opportunity to an adequate education’; the Arkansas Supreme Court instructed the General Assembly to undertake actions as necessary to provide an opportunity for an adequate and equitable education for the children of Arkansas; and the provisions of this bill are necessary steps toward accomplishing that goal. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 1777, § 2: Apr. 6, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002) declared the current system of education to be unconstitutional because it is both inequitable and inadequate; and the Arkansas Supreme Court set forth the test for a constitutional system to be one in which the state has an ‘absolute duty’ to provide an ‘equal opportunity to an adequate education’; the Arkansas Supreme Court instructed the General Assembly to undertake actions as necessary to provide an opportunity for an adequate and equitable education for the children of Arkansas; and the provisions of this act are necessary steps toward accomplishing that goal. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 2130, § 2: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that to provide an opportunity for adequate education for the children of Arkansas the schools must have good quality teachers in the classrooms; that increases in teacher's salaries are necessary to attract and retain good quality teachers; that changes in teacher salary requirements must be in place before May 1 of each year to ensure that changes may be incorporated into teacher contracts in a timely manner; and that this act is immediately necessary because school districts and teachers need sufficient notice of salary changes to negotiate and enter into contracts for the upcoming school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 2149, § 2: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current personnel law for school districts is inadequate to protect the public's interests in public school districts; and that there is a pressing and urgent need to revise the personnel law prior to the time school districts make employment decisions for the 2005-2006 school year to avoid arbitrary reduction in force decisions by school districts should such reductions become necessary for the 2005-2006 school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2006 (1st Ex. Sess.), No. 19, § 10: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court declared the public school funding system to be inadequate and that public schools are operating under a constitutional infirmity which must be corrected immediately; that to correct the constitutional infirmity and to ensure adequate funding for public education, the General Assembly must revise the public school funding formula, revise laws regarding public school facilities, provide funding for retirement increases and limit additional increases; and enact other necessary reform measures; and that this act is immediately necessary to ensure that reform measures are available to public schools for the 2005-2006 and 2006-2007 school years. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 272, § 10: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the 2006 Act 57 study recommended that foundation funding and categorical funding be increased for the 2007-2008 and 2008-2009 school years; that the method of calculating the state foundation funding aid should be changed to ensure that all public school districts receive the full amount of foundation funding; and that this act is immediately necessary to ensure that public school districts receive adequate foundation funding for the 2007-2008 school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2007.”

Acts 2019, No. 170, § 3: July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there exists a shortage of licensed teachers in many areas of the state; that teacher salaries are a key factor in attracting individuals to the field of teaching; and that the provisions of this act should become effective at the beginning of the fiscal year to allow for implementation for the 2019-2020 school year. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-17-2401. Title.

This subchapter shall be known and may be cited as the “Teacher Compensation Program of 2003”.

History. Acts 2003 (2nd Ex. Sess.), No. 59, § 2.

6-17-2402. Definitions.

As used in this subchapter:

    1. “Basic contract” means a teacher employment contract for one hundred ninety (190) days that includes no less than six (6) days of professional development, except as provided under subdivision (1)(B) of this section for teachers employed in a Civilian Student Training Program or the Arkansas National Guard Youth Challenge Program.
    2. For the purpose of a teacher employed in the Civilian Student Training Program or the Arkansas National Guard Youth Challenge Program, a basic contract for a teacher means full-time employment for one hundred ninety (190) days that includes not less than six (6) days of professional development and all additional days in excess of one hundred ninety (190) days paid at the daily rate under § 6-17-2403 that are required for full-time annual employment and subject to the policies and guidelines of the Arkansas National Guard;
  1. “Master's degree” means a graduate degree awarded for successful completion of a program at the master's level or higher related to:
    1. Education;
    2. Guidance counseling; or
    3. A teacher's teaching content area; and
  2. “Teacher” means:
    1. An individual who is required to hold a teaching license from the Division of Elementary and Secondary Education and who is engaged directly in instruction with students in a classroom setting for more than seventy percent (70%) of the individual's contracted time;
    2. A guidance counselor; or
    3. A librarian.

History. Acts 2003 (2nd Ex. Sess.), No. 59, § 2; 2003 (2nd Ex. Sess.), No. 74, § 1; 2011, No. 1178, § 3; 2015, No. 44, § 1; 2015, No. 1177, § 1; 2019, No. 910, § 1486.

Amendments. The 2011 amendment added (2) and redesignated former (2) as (3).

The 2015 amendment by No. 44 substituted “no less than six (6) days” for “ten (10) days” in (1) [now (1)(A)].

The 2015 amendment by No. 1177 redesignated former (1) as (1)(A); added “except as provided under subdivision (1)(B) for teachers employed in a C-Step Program or the Arkansas National Guard Youth Challenge Program” in (1)(A); and added (1)(B).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (3)(A).

6-17-2403. Minimum teacher compensation schedule — Definition.

    1. The board of directors in each school district in the state shall pay classroom teachers upon a minimum salary schedule that provides:
      1. Annual increments for education and experience;
      2. A base salary; and
      3. A minimum salary for a teacher with a master's degree and at least fifteen (15) years' experience.
      1. A school district may differentiate in the salary levels of the minimum teacher compensation schedule to provide increased salaries based on a tiered licensure system established by the State Board of Education under § 6-17-402.
      2. The differentiated salary schedule shall not provide for a salary that is below the minimum set out in this section.
  1. Each school district in the state shall have in place a salary schedule with at least the following minimum levels of compensation for a basic contract:
    1. For the 2019-2020 school year:
    2. For the 2020-2021 school year:
    3. For the 2021-2022 school year:
    4. For the 2022-2023 school year and each school year thereafter:
    1. For purposes of the salary schedules described in this section, the teacher's experience is his or her total years' experience as a teacher with a valid Arkansas teaching license and teaching at any:
      1. Public school accredited by the Division of Elementary and Secondary Education or a nationally recognized accrediting association;
      2. Private school within the State of Arkansas accredited by a nationally recognized accrediting association;
      3. Institution of higher education within the State of Arkansas accredited by a nationally recognized higher education institution accrediting association; or
      4. Any facility operated by the Division of Youth Services or any facility contracting with the Division of Youth Services to provide care for juveniles committed to the Division of Youth Services.
    2. A teacher's years of experience shall be based upon:
      1. The years in the school district in which the teacher is employed when the salary schedule in this section is considered; and
      2. The teacher's years of experience with a valid Arkansas teaching license at an institution in subdivision (c)(1) of this section.
    3. For purposes of this section, “years of service” means:
      1. Performing the full-time duties of a teacher for a full school year with a valid Arkansas teaching license;
      2. Years of employment with an Arkansas public school in a full-time position that requires that the teacher have an Arkansas teaching license; or
      3. Years of employment in an educational capacity with an institution in subdivision (c)(1)(C) of this section with a valid Arkansas teaching license.
    1. The minimum teacher compensation schedule under subsection (b) of this section does not apply to a part-time teacher or part-time paraprofessional employed by a school district to work in an adult education program.
    2. The minimum teacher compensation schedule for a part-time teacher or part-time paraprofessional employed by a school district to work in an adult education program shall be established by the Adult Education Section and approved by the Director of the Division of Workforce Services.

Years of Experience BA Degree Salary MA Degree Salary 0 $32,800 $37,450 1 33,250 37,950 2 33,700 38,450 3 34,150 38,950 4 34,600 39,450 5 35,050 39,950 6 35,500 40,450 7 35,950 40,950 8 36,400 41,450 9 36,850 41,950 10 37,300 42,450 11 37,750 42,950 12 38,200 43,450 13 38,650 43,950 14 39,100 44,450 15 39,550 44,950;

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Years of Experience BA Degree Salary MA Degree Salary 0 $33,800 $38,450 1 34,250 38,950 2 34,700 39,450 3 35,150 39,950 4 35,600 40,450 5 36,050 40,950 6 36,500 41,450 7 36,950 41,950 8 37,400 42,450 9 37,850 42,950 10 38,300 43,450 11 38,750 43,950 12 39,200 44,450 13 39,650 44,950 14 40,100 45,450 15 40,550 45,950;

Click to view table.

Years of Experience BA Degree Salary MA Degree Salary 0 $34,900 $39,550 1 35,350 40,050 2 35,800 40,550 3 36,250 41,050 4 36,700 41,550 5 37,150 42,050 6 37,600 42,550 7 38,050 43,050 8 38,500 43,550 9 38,950 44,050 10 39,400 44,550 11 39,850 45,050 12 40,300 45,550 13 40,750 46,050 14 41,200 46,550 15 41,650 47,050; and

Click to view table.

Years of Experience BA Degree Salary MA Degree Salary 0 $36,000 $40,650 1 36,450 41,150 2 36,900 41,650 3 37,350 42,150 4 37,800 42,650 5 38,250 43,150 6 38,700 43,650 7 39,150 44,150 8 39,600 44,650 9 40,050 45,150 10 40,500 45,650 11 40,950 46,150 12 41,400 46,650 13 41,850 47,150 14 42,300 47,650 15 42,750 48,150.

Click to view table.

History. Acts 2003 (2nd Ex. Sess.), No. 59, § 2; 2003 (2nd Ex. Sess.), No. 74, § 2; 2005, No. 2130, § 1; 2005, No. 2307, § 1; 2006 (1st Ex. Sess.), No. 19, § 2; 2007, No. 272, § 7; 2007, No. 833, § 1; 2007, No. 1410, § 1; 2013, No. 1138, § 41; 2015, No. 1087, §§ 1, 2; 2017, No. 246, § 1; 2017, No. 294, § 5; 2019, No. 170, § 2; 2019, No. 910, §§ 1487, 1488.

A.C.R.C. Notes. Acts 2014, No. 293, § 30, provided: “AVERAGE TEACHER SALARY. The Arkansas Department of Education is requested to calculate Average Teacher Salary in the Department's Annual Statistical Report to not include extra duty funds. Specifically, the Department is requested to calculate the Average Teacher Salary amount using the National Education Association definitions for Average Salary for Classroom Teachers. The Arkansas Department of Education shall submit this data annually to the National Education Association in accordance with that organization's deadlines for submission for their report ‘Rankings and Estimates’ which includes state-by-state teacher salary comparisons.”

Amendments. The 2013 amendment deleted (b), and redesignated former (c) as present (b) and redesignated the remaining subsections accordingly; substituted “Each” for “In school year 2008-2009 and each school year thereafter, each” in present (b); substituted “(c)(1)” for “(d)(1)” in present (c)(2)(B); substituted “(c)(1)(C)” for “(d)(1)(C)” in present (c)(3)(C); and deleted (e) and (f).

The 2015 amendment added designation (b)(1); rewrote (b)(1); added (b)(2); and added (d).

The 2017 amendment by No. 246 deleted former (b)(1); redesignated former (b)(2) as (b)(1); in present (b)(1), substituted “For the 2017-2018 school year” for “For the 2016-2017 school year and each school year thereafter” and rewrote the table; and added present (b)(2).

The 2017 amendment by No. 294 redesignated former (a) as (a)(1); and added (a)(2).

The 2019 amendment by No. 170 rewrote (b).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c)(1)(A); and, in (d)(2), substituted “Division of Workforce Services” for “Department of Career Education” following “Adult Education Section of the” and substituted “Director of the Division of Workforce Services” for “Career Education and Workforce Development Board”.

Case Notes

Propriety of Summary Judgment.

Circuit court erred in awarding summary judgment to a school district in a teacher's action for failure to pay her as a full-time teacher under subdivision (c)(3)(A) of this section based on her six years of teaching experience in pre-kindergarten (pre-K) programs; the circuit court improperly made a factual finding regarding a material fact that was in dispute when it found that the duties of a pre-K teacher were not the same as a full-time teacher. Hall v. Prescott Sch. Dist., 2017 Ark. App. 184, 516 S.W.3d 794 (2017).

6-17-2404. [Repealed.]

Publisher's Notes. This section, concerning knowledge-based and skills-based pay, was repealed by Acts 2005, No. 2121, § 5. The section was derived from Acts 2003 (2nd Ex. Sess.), No. 59, § 2.

6-17-2405. Future adjustments of compensation system.

Each biennium, the House Committee on Education and the Senate Committee on Education shall analyze the compensation levels provided in this subchapter, review relevant data, and make recommendations to the General Assembly for any adjustments to the compensation levels as needed to further the objective provided in § 6-17-2403.

History. Acts 2003 (2nd Ex. Sess.), No. 59, § 2; 2013, No. 1138, § 42.

Amendments. The 2013 amendment deleted “Interim” twice following “House” and “Senate”, inserted “interim” twice, and substituted “§ 6-17-2403” for “§ 6-17-2402”.

6-17-2406. Applicability of teacher salary schedule — Low-income school status — Definition.

  1. As used in this section, “teacher” means a full-time employee of the C-Step Program or the Arkansas National Guard Youth Challenge Program, or both:
    1. Who is compelled by law to secure a license from the State Board of Education as a condition precedent to employment in a position in or related to grades prekindergarten through twelve (preK-12); and
    2. Who is:
      1. Engaged directly in instruction with students in a classroom setting, including the administration and preparation requirements for instruction, for more than seventy percent (70%) of the contracted time;
      2. A guidance counselor; or
      3. A librarian or media specialist.
    1. To the extent that funds are specifically appropriated by the General Assembly, a teacher employed by the Civilian Student Training Program or the Arkansas National Guard Youth Challenge Program, or both, shall be paid no less than the minimum amounts under § 6-17-2403.
    2. The budget of the Arkansas National Guard shall include the calculation of teacher salaries for teachers in the Civilian Student Training Program and the Arkansas National Guard Youth Challenge Program based on § 6-17-2403.
  2. The Civilian Student Training Program or the Arkansas National Guard Youth Challenge Program may be designated by the Division of Elementary and Secondary Education as a low-income school, and receive the benefits of such designation if the Civilian Student Training Program or the Arkansas National Guard Youth Challenge Program meets the low-income school criteria.
  3. This section does not require a school district to pay the salary of a teacher who is not an employee of the school district or require that teachers be paid from any state funds other than as appropriated by the General Assembly.

History. Acts 2005, No. 1777, § 1; 2015, No. 1177, § 2; 2019, No. 910, § 1489.

Amendments. The 2015 amendment added “— Low-income school status” in the section heading; substituted “a” for “any” in (a), (b), and present (d); in (a)(2)(A), inserted “including the administration and preparation requirements for instruction” and deleted “employee’s” preceding “contracted”; added designation (b)(1); substituted “minimum amounts under § 6-17-2403” for “amounts set forth under this subchapter” in (b)(1); added (b)(2); inserted present (c); redesignated former (c) as (d); and substituted “This section does not” for “Nothing in this section shall be construed to” in (d).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c).

6-17-2407. Reduction in force procedure.

  1. It is the public policy of the State of Arkansas that each school district shall have a written policy on reduction in force based upon objective criteria for a layoff and recall of employees.
  2. A “layoff” is an unavoidable reduction in the workforce beyond normal attrition.

History. Acts 2005, No. 2149, § 1.

Subchapter 25 — Arkansas Teacher of the Year Act

Effective Dates. Acts 2006 (1st Ex. Sess.), No. 17, § 2: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court found that the public school funding system continues to be inadequate and the public schools are operating under a constitutional infirmity which must be corrected immediately; that direct quality teacher instruction and quality professional teacher development are among those necessary core components for an adequate education; that the General Assembly has determined that the provisions of this act are in compliance with the mandate of the Arkansas Supreme Court; and that the provisions of this act must be implemented immediately for the good of public school students in Arkansas. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-17-2501. Title.

This subchapter shall be known and may be cited as the “Arkansas Teacher of the Year Act”.

History. Acts 2006 (1st Ex. Sess.), No. 17, § 1.

6-17-2502. Definitions.

As used in this subchapter:

  1. “Teacher” means a person who:
    1. Holds a license under § 6-17-401 et seq.; and
    2. Is engaged in student contact for more than seventy percent (70%) of the person's contracted time;
  2. “In residence” means working exclusively with the Division of Elementary and Secondary Education at a location agreed upon between the division and the Arkansas Teacher of the Year;
  3. “School district board of directors” means the local board of directors of a school district who are duly elected and qualified to hold office; and
  4. “Superintendent” means the executive officer of a school district board of directors directing the affairs of the school district and teaching not more than one-half (½) of the time in the school day.

History. Acts 2006 (1st Ex. Sess.), No. 17, § 1; 2013, No. 1155, § 15; 2019, No. 251, § 1; 2019, No. 910, § 1490.

Amendments. The 2013 amendment deleted “pursuant to § 6-13-604 et seq.” near the end of (3).

The 2019 amendment by No. 251, in the introductory language of (1), substituted “Teacher” for “Classroom teacher”; substituted “Holds a license” for “Is required to be licensed” in (1)(A); substituted “in student contact” for “directly in instruction with students in a classroom setting” in (1)(B); and deleted (1)(C).

The 2019 amendment by No. 910, in (2), substituted “Division of Elementary and Secondary Education” for “Department of Education” and “division” for “department”.

6-17-2503. Arkansas Teacher of the Year Program.

    1. The Division of Elementary and Secondary Education shall develop a process for selecting the Arkansas Teacher of the Year.
    2. This process shall work in conjunction with and in support of the process for selecting a National Teacher of the Year.
  1. The process shall allow that each Arkansas school district board of directors may submit a single applicant for the Arkansas Teacher of the Year.
  2. The applicants shall be reduced to sixteen (16) finalists representing one (1) applicant for each of the fifteen (15) education service areas and one (1) applicant for school districts in Pulaski County.
  3. In submitting an application for Arkansas Teacher of the Year, a school district agrees that if its applicant is selected, the school district shall place that teacher on paid administrative leave for the school year immediately following his or her selection, as provided in § 6-17-2504.
  4. While on paid administrative leave, the teacher shall:
    1. Work in residence with the division to:
      1. Create professional development programs for other teachers;
      2. Provide educational technical assistance to students and teachers statewide;
      3. Enhance the Arkansas Teacher of the Year Program; and
      4. Enhance the quality of elementary and secondary education in Arkansas; and
    2. Represent the state in the National Teacher of the Year competition.
  5. During the school year in which a school district's Arkansas Teacher of the Year is on paid administrative leave, the division shall reimburse the school district as provided in § 6-17-2505.

History. Acts 2006 (1st Ex. Sess.), No. 17, § 1; 2019, No. 910, §§ 1491-1493.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “division” for “department” in the introductory language of (e)(1) and in (f).

6-17-2504. School district responsibility.

  1. Each school district whose applicant is selected as Arkansas Teacher of the Year shall place that teacher on paid administrative leave for the school year immediately following the teacher's selection as Arkansas Teacher of the Year for the time period that the teacher actually serves as the Arkansas Teacher of the Year.
  2. The teacher shall be entitled to return to his or her former employment with the school district for the school year following the paid administrative leave provisions of this section.
  3. The school district shall be responsible for providing a replacement teacher or restructuring class loads during the school year in which the teacher selected as Arkansas Teacher of the Year is on administrative leave.
  4. A school district that employs a substitute teacher to replace the Arkansas Teacher of the Year shall not be subject to any earning limitations set in place by law or the Arkansas Teacher Retirement System.
  5. Each school district classroom teacher contract shall reflect the administrative leave provisions of this section for any teacher selected as Arkansas Teacher of the Year.

History. Acts 2006 (1st Ex. Sess.), No. 17, § 1.

6-17-2505. Division of Elementary and Secondary Education responsibility.

  1. During the school year in which a school district's Arkansas Teacher of the Year is on paid administrative leave, the Division of Elementary and Secondary Education shall reimburse the school district for:
    1. The teacher's salary and benefits; and
      1. Incidental expenses incurred by the teacher as a result of his or her participation in the Arkansas Teacher of the Year Program.
      2. All incidental expenses shall be approved by the division.
  2. The division shall be responsible for the reimbursement of any incidental expenses incurred by the teacher during the implementation of the program for the current year.
  3. The division may receive private donations, grants, or other forms of assistance to help fund any aspect of the program.
  4. The State Board of Education may promulgate rules to administer this section.

History. Acts 2006 (1st Ex. Sess.), No. 17, § 1; 2019, No. 251, § 2; 2019, No. 910, § 1494.

Amendments. The 2019 amendment by No. 251, in (d), substituted “may” for “shall”, and “to administer this” for “as necessary to administer the provisions of this”.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in the section heading and in the introductory language of (a); and substituted “division” for “department” in (a)(2)(B), (b), and (c).

6-17-2506. Nonvoting member of State Board of Education.

  1. While serving as Arkansas Teacher of the Year, the teacher shall also serve in an advisory position as a nonvoting member of the State Board of Education.
  2. The teacher shall provide a written advisory report to the state board on how to better provide teacher professional development and student instruction assistance for Arkansas public school teachers.
  3. The teacher shall not be entitled to any compensation or per diem for serving as a nonvoting member of the state board.
  4. As a nonvoting member of the state board, the Arkansas Teacher of the Year shall be immune from any liability with regard to any act or omission of the state board.

History. Acts 2006 (1st Ex. Sess.), No. 17, § 1.

Subchapter 26 — Lifetime Teaching License

Effective Dates. Acts 2013, No. 969, § 12: Apr. 8, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state's constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the professional development of public school teachers and administrators is critical to the delivery of a constitutionally adequate education; and that this act is immediately necessary for school districts and educators to prepare for the professional development requirements needed for the 2013-2014 school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-17-2601. Purpose.

The purpose of this subchapter is to provide a lifetime teaching license to:

  1. Recognize individuals who have made significant contributions to education or the profession of teaching through educational research, scholarly endeavors, excellence in teaching, educational innovation, or years of teaching experience; and
  2. Promote role models in the field of education.

History. Acts 2007, No. 169, § 1.

6-17-2602. Definitions.

As used in this subchapter:

  1. “Educational setting” means the employment setting where the licensed employee works, including without limitation:
    1. A public or private school;
    2. An institution of higher education;
    3. An education service cooperative;
    4. The Division of Elementary and Secondary Education;
    5. An adult education setting; or
    6. Another agency or organization that employs licensed teachers for educational purposes;
  2. “Professional development” has the same meaning as the meaning given to the term under § 6-17-704; and
  3. “Teaching experience” means the experience gained while working in an educational setting as a teacher, librarian, counselor, administrator, educational consultant, substitute teacher, or other licensed employee.

History. Acts 2007, No. 169, § 1; 2013, No. 969, § 9; 2013, No. 1138, § 43; 2019, No. 910, § 1495.

Amendments. The 2013 amendment by No. 969 rewrote (2).

The 2013 amendment by No. 1138 substituted “licensed” for “certified” in (1) and (3); and rewrote (2).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (1)(D).

6-17-2603. Eligibility.

To be eligible for a lifetime teaching license, the licensed educator must:

  1. Hold a current or expired Arkansas teaching license;
  2. Be either:
    1. At least sixty-two (62) years of age; or
    2. Retired from active teaching under §§ 24-7-701, 24-7-702, or 24-7-704; and
  3. Have either:
    1. Worked in an educational setting while maintaining an Arkansas teaching license; or
    2. Made significant contributions to education, educational research, or the profession of teaching through scholarly endeavors, teaching experience, excellence in teaching, or educational innovation.

History. Acts 2007, No. 169, § 1; 2009, No. 224, § 1; 2017, No. 588, § 1.

Amendments. The 2009 amendment substituted “licensed educator” for “certified employee” in the introductory language; inserted “or expired” in (1); substituted “at least sixty-two (62)” for “over sixty-five (65)” in (2); and in (3), redesignated the text and made related and minor stylistic changes.

The 2017 amendment redesignated part of former (2) as (2)(A); added “either” in the introductory language of (2); and added (2)(B).

6-17-2604. Lifetime teaching license.

  1. A person who meets the eligibility requirements of § 6-17-2603 may apply for a lifetime teaching license by filing an application with the Division of Elementary and Secondary Education.
    1. The State Board of Education shall review the application.
    2. If the state board approves the application, the state board shall reissue the applicant's current or expired Arkansas teaching license as a lifetime teaching license.
    3. A lifetime teaching license applicant is subject to the criminal background checks and Child Maltreatment Central Registry check under § 6-17-410:
      1. Upon application; and
      2. If more than twelve (12) months have elapsed since the last time the background checks and Child Maltreatment Central Registry check were successfully completed, upon employment in an educational environment.
  2. Except as provided in subsection (d) of this section, the lifetime teaching license shall terminate upon the death or legal incapacity of the license holder.
  3. A lifetime teaching license is subject to the same laws for revocation as any Arkansas teaching license.
  4. A person who holds a lifetime teaching license is not required to renew his or her teaching license.
  5. Except to the extent required by § 6-17-2605, a lifetime teaching license holder is not subject to the requirements for annual professional development.

History. Acts 2007, No. 169, § 1; 2009, No. 224, § 2; 2015, No. 1089, § 13; 2019, No. 910, § 1496.

Amendments. The 2009 amendment rewrote (a); inserted “or expired Arkansas teaching” in (b)(2); inserted “under § 6-17-410” in (b)(3); substituted “terminate upon the death or legal incapacity of the license holder” for “be reissued every five (5) years” in (c); deleted (f)(2); inserted “Except to the extent required by § 6-17-2605” in (f); and made related and minor stylistic changes.

The 2015 amendment rewrote (b)(3).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a).

6-17-2605. Employment by public school district.

  1. A lifetime teaching license holder is eligible to serve as a substitute teacher and as a tutor.
  2. A lifetime teaching license holder who becomes employed as a licensed educator by a school district shall participate in the professional development programs required by the employing school district.

History. Acts 2007, No. 169, § 1; 2009, No. 224, § 3; 2017, No. 588, § 2.

Amendments. The 2009 amendment inserted “as a licensed educator” in (b).

The 2017 amendment repealed former (c).

6-17-2606. Rules — Reports.

The Division of Elementary and Secondary Education shall:

  1. Develop rules to implement the provisions of this subchapter; and
  2. Report annually to the General Assembly regarding compliance with each item set forth in this subchapter.

History. Acts 2007, No. 169, § 1; 2019, No. 910, § 1497.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language.

Subchapter 27 — Science, Technology, Engineering, and Math Fund

Cross References. Science, Technology, Engineering, and Math Fund, § 19-5-1235.

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-17-2701. Legislative intent.

The General Assembly finds:

  1. Achievement and enthusiasm of Arkansas students in the areas of science, technology, engineering, and math is a critical step in preparing the State of Arkansas for a workforce with the skills necessary to compete economically in the twenty-first century workplace and to prepare the children of this state for high-paying competitive jobs;
  2. Currently more than fifty percent (50%) of Arkansas students who go straight to college require remedial courses in both math and English;
  3. In fiscal year 2003-2004, Arkansas expended over forty-eight million dollars ($48,000,000) on student remediation;
  4. In 2005, of the five thousand four hundred thirty-four (5,434) students who took math and science advanced placement courses, only twenty-six and six-tenths percent (26.6%) of those students received a passing score while nationally, passage rates ranged between fifty-six percent (56%) for chemistry to eighty percent (80%) for calculus;
  5. Students' completion of high school math courses beyond Algebra II significantly increases the probability that the student will earn a bachelor's degree;
  6. Approximately four thousand (4,000) of the seven thousand four hundred thirty-three (7,433) licensed teachers in Arkansas are actively teaching science, technology, engineering, and math-related courses and may qualify for the science, technology, engineering, and math supplemental income grant; and
  7. Because of the significant difference in income between science, technology, engineering, and math teachers and what they can make in industry, it is essential to:
    1. Reduce the loss of science, technology, engineering, and math teachers to industry;
    2. Entice science, technology, engineering, and math teachers back to the classroom; and
    3. Encourage students to enter the science, technology, engineering, and math teaching professions by supplying supplemental grant income to science, technology, engineering, and math teachers.

History. Acts 2007, No. 564, § 1; 2013, No. 1138, § 44.

Amendments. The 2013 amendment substituted “licensed” for “certified” in (6).

6-17-2702. Determination of eligibility.

  1. The Arkansas Economic Development Commission, in coordination with the Division of Elementary and Secondary Education, shall promulgate rules governing the eligibility of teachers of science, technology, engineering, or math to receive a supplemental grant from the Science, Technology, Engineering, and Math Fund.
  2. Rules shall be promulgated in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

History. Acts 2007, No. 564, § 3; 2019, No. 910, § 1498.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a).

6-17-2703. Application process.

  1. Licensed math and science teachers who are currently teaching science, technology, engineering, and math subjects in kindergarten through grade twelve (K-12) may apply to the Arkansas Economic Development Commission for a supplemental grant from the Science, Technology, Engineering, and Math Fund for that portion of the day in which they are teaching science, technology, engineering, or math subjects or laboratories.
  2. Selection and identification of qualified science, technology, engineering, and math teachers shall be coordinated with the Division of Elementary and Secondary Education for identification of qualified science, technology, engineering, and math teachers.
  3. Applications for supplemental grants from the Science, Technology, Engineering, and Math Fund shall be made to the commission by February 1 and September 1 of each year.
  4. The application shall be made on forms prepared by the commission.
  5. The application shall be accompanied by a letter of certification, on a form to be provided by the commission, from the principal of the school in which the science, technology, engineering, or math teacher is employed.
  6. The commission shall review the applications in accordance with rules promulgated by the commission in coordination with the division to determine if the applicant qualifies for a supplemental grant from the fund.
  7. After determining eligibility for a supplemental grant from the Science, Technology, Engineering, and Math Fund, the commission shall notify, in writing, the applicant of the decision of eligibility.

History. Acts 2007, No. 564, § 4; 2011, No. 989, § 60; 2019, No. 910, §§ 1499, 1500.

Amendments. The 2011 amendment substituted “Licensed” for “Certified” in (a).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b); and substituted “division” for “department” in (f).

6-17-2704. Disbursement of supplemental grant.

Upon the determination of eligibility for a supplemental grant from the Science, Technology, Engineering, and Math Fund, the Arkansas Economic Development Commission shall disburse the allotted funds to the teacher at the end of the fall and spring semesters for which the science, technology, engineering, or math course was taught.

History. Acts 2007, No. 564, § 5.

Subchapter 28 — Teacher Excellence and Support System

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-17-2801. Title.

This subchapter shall be known and may be cited as the “Teacher Excellence and Support System”.

History. Acts 2011, No. 1209, § 8.

6-17-2802. Legislative intent.

It is the intent of the General Assembly to:

  1. Provide a program affording public school districts and public charter schools a transparent and consistent teacher evaluation system that ensures effective teaching and promotes professional learning;
  2. Provide an evaluation, feedback, and support system that will encourage teachers to improve their knowledge and instructional skills in order to improve student learning;
  3. Provide a basis for making teacher employment decisions;
  4. Provide an integrated system that links evaluation procedures with curricular standards, professional development activities, targeted support, and human capital decisions;
  5. Encourage highly effective teachers to undertake challenging assignments;
  6. Support teachers' roles in improving students' educational achievements;
  7. Inform policymakers regarding the benefits of a consistent evaluation and support system in regard to improving student achievement across the state; and
  8. Increase the awareness of parents and guardians of public school students concerning the effectiveness of public school teachers.

History. Acts 2011, No. 1209, § 8.

6-17-2803. Definitions.

As used in this subchapter:

  1. “Artifact or artifacts” means materials that document the teacher's professional practice;
    1. “Data” means:
      1. Teacher performance data;
      2. Student performance data; or
      3. Overall school performance data.
    2. “Data” may include multiple measures of student growth, school quality, or student success;
  2. “Direct observation” means the evaluator observes the teacher leading or facilitating instruction while:
    1. Physically present inside or outside the teacher's classroom; or
    2. Using appropriate technology to observe;
    1. “Evaluation” means the process under this subchapter used to:
      1. Assess with evidence what a teacher should know and be able to do as measured by the domains and performance ratings of an evaluation framework; and
      2. Promote teacher growth through professional learning.
    2. “Evaluation” does not include a teacher's performance relating to competitive athletics and competitive extracurricular activities;
  3. “Evaluation framework” means a standardized set of teacher evaluation domains that provide the overall basis for an evaluation;
  4. “Evaluation rubric” means a set of performance components for each teacher evaluation domain in the evaluation framework;
  5. “Evaluator” means a person licensed by the State Board of Education as an administrator who is designated as the person responsible for evaluating teachers and who is an employee of the school district in which the evaluations are performed;
    1. “Evidence” means:
      1. Direct observations;
      2. Indirect observations;
      3. Artifacts; and
      4. Data.
    2. “Evidence” should:
      1. Facilitate a professional dialogue for the teacher and evaluator; and
      2. Provide essential evidence of the teacher's classroom practices;
  6. “Formative year” means a year other than a summative evaluation year in which the teacher and the school collaboratively engage in supporting the teacher's growth in effective teaching practices and professionalism, aligned with the teacher's needs identified in the teacher's professional growth plan;
  7. “Indirect observation” means the evaluator observes systems that operate as a result of a teacher's research, planning, and implementation inside or outside of the classroom;
  8. “Intensive support status” means the employment status administered under this subchapter that is assigned to a teacher under § 6-17-2807;
  9. “Novice teacher” means a teacher having less than three (3) school years of public school classroom teaching experience;
  10. “Professional growth plan” means an individual teacher's plan designed to meet the specific growth needs of the teacher identified under the Teacher Excellence and Support System;
  11. “Statewide assessment of student achievement” means an evaluation of student achievement based on Arkansas academic standards administered under the state's comprehensive assessment system;
  12. “Summative evaluation” means an evaluation of a teacher's performance that:
    1. Evaluates all domains of the evaluation framework;
    2. Is supported by evidence of the teacher's professional practice;
    3. Supports improvement in the teacher's teaching practices and student achievement; and
    4. Informs a school district's employment decision concerning the teacher; and
    1. “Teacher” means a person who is:
      1. Required to hold and holds a teaching license from the state board as a condition of employment; and
      2. Employed in a public school as a:
        1. Classroom teacher engaged directly in instruction with students in a classroom setting;
        2. Guidance counselor;
        3. Library media specialist;
        4. Special education teacher; or
        5. Teacher in another position identified by the state board.
    2. “Teacher” also includes a licensed or nonlicensed classroom teacher employed in a position under subdivision (16)(A)(ii) of this section at a:
      1. Public charter school under a waiver of teacher licensure requirements granted by the state board in the charter; or
      2. School district under a waiver of teacher licensure requirements granted by the state board under § 6-15-103 or under the District of Innovation Program under § 6-15-2801 et seq.
    3. “Teacher” does not include a person who is employed full time by a school district or public school solely as a superintendent or administrator.

History. Acts 2011, No. 1209, § 8; 2013, No. 709, §§ 1-3; 2015, No. 1091, §§ 5, 6; 2017, No. 295, § 1.

Amendments. The 2013 amendment, in (2)(A), substituted “domains” for “categories” and “ratings” for “levels”; substituted “domains” for “categories” in (3); in (4), substituted “domain” for “category” and “components” for “descriptors”; added “and who is an employee of the school district in which the evaluations are performed” in (5); substituted “domains” for “categories” in (11)(B) and in the introductory paragraph of (18).

The 2015 amendment added (7)(B)(i) (c) , and redesignated existing provisions of (7)(B)(i) as (7)(B)(i) (a) and (7)(B)(i) (b) ; and added definitions for “professional development plan” and “professional growth plan.”

The 2017 amendment rewrote the section.

6-17-2804. Administrative agency responsibilities.

  1. The State Board of Education shall promulgate rules for the Teacher Excellence and Support System consistent with this subchapter.
  2. The rules shall without limitation:
    1. Recognize that student learning is the foundation of teacher effectiveness, that many factors impact student learning not all of which are under the control of the teacher or the school, and that evidence of student learning includes multiple measures;
    2. Provide that the goals of the Teacher Excellence and Support System are quality assurance and teacher growth;
    3. Reflect evidence-based or proven practices that improve student learning;
    4. Utilize clear, concise, evidentiary data for teacher professional growth and development to improve student achievement;
    5. Recognize that evidence of student growth is a significant part of the Teacher Excellence and Support System;
    6. Ensure that student growth is analyzed at every phase of the evaluation system to illustrate teacher effectiveness;
    7. Include clearly defined teacher evaluation domains, performance ratings, and evaluation rubric components for the evaluation framework;
    8. Include procedures for implementing each component of the Teacher Excellence and Support System;
    9. Include the professional development requirements for all superintendents, administrators, evaluators, and teachers to obtain the training necessary to be able to understand and successfully implement a Teacher Excellence and Support System under this subchapter; and
      1. Include the requirements for schools and school districts to report data under this subchapter to inform public school accountability and support the state's goal of equitable access to effective teachers for all students.
      2. The raw data reported to and collected by the Division of Elementary and Secondary Education for the purposes of this section, including all or part of the raw data that the division provides to an expert outside the division for analysis, is exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

History. Acts 2011, No. 1209, § 8; 2013, No. 709, § 4; 2017, No. 295, § 1; 2019, No. 910, § 1501.

Amendments. The 2013 amendment substituted “phase” for “level” in (b)(6); and, in (b)(8) [now (b)(7)], substituted “domains” for “categories”, “ratings” for “levels”, and “components” for “descriptors”.

The 2017 amendment substituted “multiple measures” for “trend data and is not limited to a single assessment” in (b)(1); deleted former (b)(7) and redesignated the remaining subdivisions accordingly; and added (b)(10).

The 2019 amendment, in (b)(10)(B), substituted “Division of Elementary and Secondary Education” for “Department of Education” and “division” for “department” twice.

6-17-2805. Summative evaluations.

  1. At least one (1) time every four (4) school years, a public school shall conduct a summative evaluation for each teacher who is not a novice teacher.
  2. The evaluation framework for a summative evaluation for a classroom teacher shall include without limitation:
    1. The following teacher evaluation domains:
      1. Planning and preparation;
      2. Classroom environment;
      3. Instruction; and
      4. Professional responsibilities; and
    2. An evaluation rubric using nationally accepted components that consists of at least four (4) performance ratings.
  3. A summative evaluation shall:
    1. Result in a written evaluation determination for the teacher's performance on all evaluation domains as a whole;
    2. Use the evaluation framework and evaluation rubric appropriate to the teacher's role;
      1. Use multiple sources of evidence of the teacher's professional practice including direct observation, indirect observation, artifacts, and data.
      2. Subdivision (c)(3)(A) of this section does not require that every component of the domains be evidenced by artifacts when observation or data is used.
      3. A school or school district may adopt policies to:
        1. Incorporate peer observations and student feedback that contribute to the summative rating; and
        2. Substitute for the whole or any part of the summative evaluation any part of a teacher's work completed for the certification or renewal of a certification from the National Board for Professional Teaching Standards;
    3. Include presentations of evidence chosen by the teacher, the evaluator, or both;
    4. Provide an opportunity for the evaluator and teacher to discuss the review of evidence used in the evaluation; and
    5. Provide feedback based on the evaluation rubric that the teacher can use to improve teaching skills and student learning.
  4. At the conclusion of a summative evaluation, a public school shall assign the teacher being evaluated an overall performance rating.

History. Acts 2011, No. 1209, § 8; 2013, No. 709, § 5; 2015, No. 1091, §§ 7, 8; 2017, No. 295, § 1.

Amendments. The 2013 amendment substituted “domains” for “categories” in (a)(1); in (a)(2), substituted “components” for “descriptors” and “ratings” for “levels”; in (b)(1), substituted “rating” for “level” and “domain” for “category”; in (b)(2), substituted “rating” for “level” and “domains” for “categories”; substituted “among” for “one-half (½) of” in (d)(1) and (d)(2)(A); in (d)(2)(B)(i), substituted “measurement” for “measure” twice; and added (d)(2)(B)(ii) through (d)(2)(B)(iv); and substituted “domain” for “category” in (e)(5).

The 2015 amendment repealed (d); and inserted “may also include an” in (e)(2).

The 2017 amendment rewrote the section.

6-17-2806. Teacher support system.

  1. In formative years, the Teacher Excellence and Support System aligns professional support and learning opportunities to link a teacher's professional practice with support for targeted, personalized learning.
    1. Except as provided in subdivision (b)(3) of this section, a teacher being evaluated and the evaluator, working together, shall develop a professional growth plan for the teacher that:
      1. Identifies professional growth outcomes to advance the teacher's professional skills; and
      2. Clearly links personalized, competency-based professional learning opportunities to the professional growth outcomes.
    2. The personal growth plan may include without limitation the following professional development activities:
      1. Collaborating with a team of teachers on a shared plan that benefits the whole school, a content area, or a grade level;
      2. Conducting self-directed research related to the teacher's professional growth plan; or
      3. Completing competency-based credentialing.
    3. If the teacher and the evaluator cannot agree on a professional growth plan, the evaluator's decision shall be final.
    4. For a teacher in intensive support status, the evaluator or an administrator designated by the evaluator shall have final approval of the teacher's professional growth plan.
    1. In a formative year:
      1. The teacher shall continue to demonstrate a commitment to student learning by furthering the teacher's professional growth and development as guided by the teacher's professional growth plan; and
      2. The school district shall support teachers on an ongoing basis throughout the school year by:
        1. Providing teachers with immediate feedback about teaching practices;
        2. Engaging teachers in a collaborative, supportive learning process; and
        3. Helping teachers use assessment methods supported by evidence-based research that inform the teacher of student progress and provide a basis for adapting teaching practices.
    2. The formative year support may be guided in whole or in part by an evaluator or by one (1) or more of the following persons designated by the evaluator:
      1. A teacher designated by an administrator as a leader for the teaching content area of the teacher;
      2. An instructional facilitator;
      3. A curriculum specialist; or
      4. An academic coach for the teacher's content area.
    3. An overall rating is not required during a formative year.
  2. The Teacher Excellence and Support System also shall include novice teacher mentoring for each novice teacher employed at the public school that:
    1. Provides training and support to novice teachers to increase teacher retention;
    2. Establishes norms of professionalism; and
    3. Leads to improved student achievement by increasing effective teacher performance.

History. Acts 2011, No. 1209, § 8; 2015, No. 1091, § 9; 2017, No. 295, § 1.

Amendments. The 2015 amendment substituted “professional growth” for “professional learning” throughout (a); inserted “licensure” in (a)(2); and rewrote (a)(4)(B).

The 2017 amendment substituted “system” for “components” in the section heading and rewrote the section.

6-17-2807. Intensive support status.

  1. An evaluator may place a teacher in intensive support status if the teacher, as evidenced by low performance ratings on the evaluation rubric:
    1. Is not continuously improving professional practice;
    2. Has not demonstrated commitment to students, the school, and the profession;
    3. Fails to demonstrate growth or progress in professional practice after receiving targeted feedback and support; or
    4. Does not advance student growth or progress as demonstrated on local and state measures.
  2. If a teacher is placed in intensive support status, the evaluator shall:
    1. Establish the time period for the intensive support status; and
      1. Provide a written notice to the teacher that the teacher is placed in intensive support status.
      2. The notice shall state that if the teacher's contract is renewed while the teacher is in intensive support status, the fulfillment of the contract term is subject to the teacher's accomplishment of the goals established and completion of the tasks assigned in the intensive support status.
    1. The period of time specified by the evaluator for intensive support status shall afford the teacher an opportunity to accomplish the goals of and complete the tasks assigned in the intensive support status.
    2. Intensive support status shall not last for more than two (2) consecutive semesters unless the teacher has substantially progressed and the teacher and evaluator agree in writing to extend the intensive support status.
  3. The evaluator shall work with the teacher to:
    1. Develop a clear set of goals and tasks that are designed to support the teacher's progress based on the professional growth plan and the evaluation framework; and
    2. Ensure the teacher is offered the support that the evaluator deems necessary for the teacher to accomplish the goals developed and to complete the tasks assigned while the teacher is in intensive support status.
  4. If the intensive support status is related to student performance, the school district shall support the teacher's practice in using student formative assessments to gauge student progress throughout the period of intensive support status.
  5. At the end of the specified period of time for intensive support status, the evaluator shall:
    1. Evaluate whether the teacher has met the goals developed in the intensive support plan; and
    2. Provide written notice to the teacher that the teacher either:
      1. Is removed from intensive support status; or
      2. Has failed to progress in the intensive support status.
    1. Upon review and approval of the documentation, the superintendent may recommend termination or nonrenewal of the teacher's contract.
    2. A recommendation for termination or nonrenewal of a teacher's contract under this section shall be made pursuant to the authority granted to a superintendent for recommending termination or nonrenewal under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.
      1. When a superintendent makes a recommendation for termination or nonrenewal of a teacher's contract under this section, the public school shall provide a written notice to the teacher.
      2. The notice shall meet the minimum requirements under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq., but is exempt from the provisions of § 6-17-1504(b).
        1. If the public school has substantially complied with the requirements of this section, the public school is entitled to a rebuttable presumption that the public school has a substantive basis for the termination or nonrenewal of the teacher's contract under the applicable standard for termination or nonrenewal under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.
        2. The presumption may be rebutted by the teacher during an appeal under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.
  6. This section does not preclude a public school superintendent from:
    1. Making a recommendation for the termination or nonrenewal of a teacher's contract for any lawful reason under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.; or
    2. Including in a recommendation for termination or nonrenewal of a teacher's contract under this section any other lawful reason for termination or nonrenewal under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.

History. Acts 2011, No. 1209, § 8; 2013, No. 709, §§ 6, 7; 2015, No. 1091, § 10; 2017, No. 295, § 1.

Amendments. The 2013 amendment substituted “domain” for “category” in (a)(1), (a)(2) and (d)(1)(B); and substituted “components” for “descriptors” in (a)(2).

The 2015 amendment substituted “professional growth” for “professional learning” in (d)(1)(A).

The 2017 amendment rewrote (a); in (c)(2), substituted “teacher and evaluator agree in writing” for “evaluator elects” and deleted “for up to two (2) additional consecutive semesters” at the end; rewrote (d)(1), (e), and (f)(1); substituted “progress in” for “meet the goals and complete the tasks of” in (f)(2)(B); deleted former (g)(1), and redesignated former (g)(2)(A) and (B) as (g)(1) and (2); substituted “may recommend” for “shall recommend” in present (g)(1); rewrote (g)(3); and redesignated former (g)(4) as (h).

6-17-2808. Implementation — Applicability.

    1. A public school shall implement the Teacher Excellence and Support System for all teachers employed at the public school under the rules established by the State Board of Education.
      1. This subchapter is not waived when a public school, charter school, or school district obtains a waiver granted by the state board from the laws and rules governing educator licensure:
        1. In the charter of a public charter school;
        2. Under § 6-15-103; or
        3. Under the District of Innovation Program under § 6-15-2801 et seq.
      2. However, a public school, charter school, or school district may seek approval from the state board to opt out of the Teacher Excellence and Support System and utilize a locally adopted system for support, development, and appraisal of teacher performance as part of a system of educator effectiveness that meets federal and state requirements.
    2. A public school that in the 2012-2013 and 2013-2014 school years used a nationally recognized system of teacher evaluation and support that is substantially similar to the Teacher Excellence and Support System may continue to use that system and is deemed to have met the requirements of this section.
    1. Evaluators and teachers shall collaborate in good faith to develop the teacher's professional growth plan under § 6-17-2806(a).
    2. Every teacher contract renewed or entered into after July 27, 2011, is subject to and shall reference this subchapter.

History. Acts 2011, No. 1209, § 8; 2013, No. 709, § 8; 2015, No. 1091, §§ 11–13; 2017, No. 295, § 1.

Amendments. The 2013 amendment substituted “teacher’s professional growth plan” for “evaluation” in (b)(2)(C).

The 2015 amendment substituted “four (4)” for “three (3)” in (b)(2)(A); substituted “professional growth” for “professional learning” in (b)(2)(B)(i) and (b)(2)(B)(ii) (b) ; added (b)(3) and (b)(4); and substituted “professional growth” for “professional learning” in (c)(1)(B)(i) and (c)(1)(B)(ii).

The 2017 amendment rewrote the section.

6-17-2809. System of administrator leadership support and evaluations.

    1. The Division of Elementary and Secondary Education shall design a system of administrator leadership support and evaluations that:
      1. Is aligned to current leadership standards adopted by the State Board of Education;
      2. Uses multi-tiered systems of professional support and learning for what a leader should know and be able to do; and
      3. Provides a research-based framework to conduct administrator evaluations.
    2. The division may collaborate with state and national school leadership organizations and institutions of higher education with school leadership preparation programs to develop the system.
  1. The state board may promulgate rules as necessary for the administration of this section.

History. Acts 2011, No. 1209, § 8; 2013, No. 709, § 9; 2017, No. 295, § 1; 2019, No. 910, § 1502.

Amendments. The 2013 amendment substituted “may develop and implement an administrator evaluation system for school districts” for “shall provide technical assistance to school districts for developing and implementing instruments” in (a); and added (b).

The 2017 amendment substituted “System of administrator leadership support and evaluations” for “Administrator evaluations” in the section heading and rewrote the section.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (a)(1); and substituted “division” for “department” in (a)(2).

6-17-1411. School district employees.

Chapter 18 Students

Cross References. Free schools, Ark. Const., Art. 14, § 1.

Research References

ALR.

Liability of university, college, or other school for failure to protect student from crime. 1 A.L.R.4th 1099.

Mental or physical illness as basis of dismissal of student from school, college, or university. 17 A.L.R.4th 519.

Personal liability of teacher for personal injury or death of student. 34 A.L.R.4th 228.

Personal liability of public school executive or administrative officer in negligence action for personal injury or death of student. 35 A.L.R.4th 272.

Personal liability in negligence action of public school employee, other than teacher or executive or administrative officer, for personal injury or death of student. 35 A.L.R.4th 328.

Subchapter 1 — General Provisions

A.C.R.C. Notes. Acts 2015, No. 562, § 1, provided:

“(a) The Arkansas Activities Association (AAA) shall allow an AAA member school to play a home school team if the home school team complies with this act.

“(b) A home school team shall comply with the AAA rules for student athletes, including rules concerning:

“(1) Age;

“(2) School semesters;

“(3) Scholarships;

“(4) Physical exams;

“(5) Foreign student eligibility; and

“(6) Amateurs.

“(c) A coach of a home school team shall comply with AAA rules concerning the certification of home school coaches.

“(d)(1) This act does not allow a home school team to participate in an AAA sanctioned:

“(A) Conference;

“(B) Conference tournament;

“(C) District tournament;

“(D) Regional tournament; or

“(E) State tournament or event.

“(2) This act does not allow eligibility for a recognition award of championship.

“(e) A home school team may participate in the following team sports:

“(1) Basketball;

“(2) Baseball;

“(3) Softball;

“(4) Soccer; and

“(5) Volleyball.”

Uncodified Acts 2015, No. 863, § 1, which is set out as a note in the bound volume, was repealed by Acts 2019, No. 764, § 1.

Effective Dates. Acts 2013, No. 1334, § 2: Apr. 18, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the constitutionality of certain provisions of the Arkansas Public School Choice Act of 1989, § 6-18-206, has been called into question by a federal court but that the order is stayed while the decision is being appealed; that thousands of public school students currently are attending public schools in nonresident school districts under that law; that there is now uncertainty among school districts, public schools, parents, and students about the viability of those transfers and transfers for the 2013-2014 school year; that the deadline for requesting transfers under the law is July 1; and that this act is immediately necessary to resolve that uncertainty before the 2013-2014 school year and provide continuity of education for the transferred students. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-18-101. Qualifications for valedictorian and salutatorian.

    1. Only a student who has successfully completed a minimum core of high school courses shall be eligible for the honor of serving as a valedictorian or salutatorian of his or her graduating class.
    2. Only a student who has successfully completed the minimum core of high school courses with a minimum grade point established by the school district or its equivalent shall be eligible for distinction as an honor graduate of a senior class in a high school in this state.
  1. For the purpose of meeting the requirements of subsection (a) of this section, the student must complete the minimum core of courses recommended by the Arkansas Higher Education Coordinating Board and the State Board of Education pursuant to § 6-61-217 enlisted during the period of his or her enrollment in high school.
  2. Only a student who is enrolled in a course of study containing the minimum core of high school courses recommended by the Arkansas Higher Education Coordinating Board and the State Board of Education pursuant to § 6-61-217 shall be eligible for membership in the National Honor Society or any equivalent academic honor society.
    1. A school district may establish an honor roll system to recognize or reward students for academic achievement.
    2. A school district shall not be prohibited from identifying students who qualify for the honor roll or who are eligible to serve as valedictorian or salutatorian of the students' graduating class or who qualify for honor graduate status under this section.
      1. A parent or student who does not want to have the student identified as an honor student or listed on the honor roll shall submit a written request to the principal of the school requesting that the student not be identified.
      2. The school and school district shall not identify any student who has submitted or whose parent has submitted a written request under subdivision (d)(3)(A) of this section.

History. Acts 1991, No. 980, §§ 1, 2; 1993, No. 1117, § 1; 1997, No. 977, § 2; 2005, No. 390, § 1; 2009, No. 376, § 34.

A.C.R.C. Notes. As amended by Acts 1993, No. 1117, § 1, subdivisions (a)(1) and (2) began “Beginning with the 1993-94 school year,” and subsection (c) began “Beginning with the 1991-92 school year”.

Former subsection (d) of this section, which is deemed to be obsolete, provided:

“The State Board of Education shall study the impact of abolishing the general program of studies track in high school and requiring all students thereafter to complete either the college preparatory or technical preparation program of study aimed at preparing youth to continue to learn either in the workplace or in some form of postsecondary institution and report the findings to the Joint Interim Committee on Education by September 15, 1992.”

Amendments. The 2009 amendment deleted former (d) and redesignated the remaining subsection accordingly; in (d)(3)(B), inserted “or whose parent has submitted” and substituted “(d)(3)(A)” for “(c)(3)(A)”; and made minor stylistic changes.

6-18-102. Legislative findings — School uniform policy.

  1. The General Assembly hereby finds and determines that the clothes and footwear worn by students in the public schools often preoccupy and distract students from their major purpose for being in school: that of becoming educated in math, science, English, history, and other subjects. The General Assembly further finds that student competition over clothes and footwear has, in several instances, led to violence and injuries during school hours; whereas, in those Arkansas schools that have adopted school uniforms, disparities in student socioeconomic levels are less obvious and disruptive incidents are less likely to occur.
    1. The school district board of directors may refer the issue of a dress code to the qualified electors of the district at any annual school election.
    2. If a majority of the qualified electors of the district voting thereon at the election vote for the adoption of a school uniform policy, the school district board of directors shall prescribe appropriate school uniforms and implement the policy.
    3. If a majority of the qualified electors of the district voting thereon at the election vote against the adoption of a school uniform policy, the school district board of directors may refer the question again to the qualified electors of the district only after a minimum period of one (1) year.
      1. Qualified electors of the district may at any time by petition have the question of implementing a uniform dress code voted upon at the next school election.
      2. The petition shall be signed by not less than five percent (5%) of the qualified electors in the district.
  2. Any school uniform policy adopted by a school district shall provide for individual students to make application to opt out of the uniform requirements with parental consent when no other reasonable alternative placement for the student exists.
  3. Any school district that has adopted and implemented a district policy to require a uniform dress code before the 2000 annual school election shall be exempt from the provisions of this section.
    1. This section does not limit the ability of a school district or a particular school within a district to adopt and implement a school uniform policy.
    2. A school district may implement a school uniform policy without submitting the issue to the electors of the district.
  4. The Division of Elementary and Secondary Education and education service cooperatives shall, when possible, assist public schools by providing information regarding uniform dress codes upon request from public school administrators.

History. Acts 1995, No. 1239, §§ 1-3; 1999, No. 1301, § 1; 2007, No. 617, § 11; 2013, No. 1155, § 16; 2019, No. 910, § 1503.

Amendments. The 2013 amendment deleted former (b)(1), (b)(2)(A), (b)(4)(A), and (b)(4)(B) and redesignated the remaining subdivisions accordingly; in current (b)(1), deleted “In addition to the 2000 annual election” and substituted “annual school election” for “subsequent school election”; inserted “district” and “school district” throughout (b); deleted “shall” preceding “vote” in (b)(2); in (b)(3), deleted “only” preceding “refer” and inserted “only” after “district”; deleted “other than subsection (g)” at the end of (d); substituted “This section does not” for “Nothing in this section shall be construed to” in (e)(1); and deleted (g) and (h).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (f).

Case Notes

Constitutionality.

School board members had qualified immunity as to claims asserted against them in their individual capacities in a 42 U.S.C. § 1983 suit. They did not violate students' clearly established U.S. Const. Amends. I and XIV rights when they adopted a school uniform policy pursuant to this section, and there was not evidence that the members directly participated in the enforcement of that policy or of a literature review policy by two school administrators. Lowry v. Watson Chapel Sch. Dist., 508 F. Supp. 2d 713 (E.D. Ark. 2007).

Two school administrators did not have qualified immunity as to claims asserted against them in their individual capacities in a 42 U.S.C. § 1983 suit filed by several students because although the students' U.S. Const. Amends. I and XIV rights were not violated by the adoption of a school uniform policy pursuant to this section, it was not clear that the administrators had not knowingly violated their clearly established constitutional rights when enforcing that policy and a literature review policy. It appeared that the administrators improperly punished the students for the content of their speech because the students were disciplined for wearing black armbands and distributing literature to protest the school uniform policy, which conduct did not appear to violate any school policy. Lowry v. Watson Chapel Sch. Dist., 508 F. Supp. 2d 713 (E.D. Ark. 2007).

Eastern District of Arkansas, Pine Bluff Division, district court believes that the Eighth Circuit appeals court would take the same approach as its sister Fifth and Sixth Circuit courts when evaluating the facial constitutionality of a school uniform policy adopted pursuant to subsection (a) of this section and that it would conclude that such a policy does not violate students' clearly established U.S. Const. Amends. I and XIV rights, as long as the policy is unrelated to the suppression of expression and does not burden substantially more speech than is necessary. The legislative findings set out in subsection (a) of this section establish the important or substantial government interests reflected in dress code and school uniform policies adopted pursuant to the statute. Lowry v. Watson Chapel Sch. Dist., 508 F. Supp. 2d 713 (E.D. Ark. 2007).

6-18-103. Selective service registration.

    1. Each local school district and each adult education program shall provide a registration form at least thirty (30) days before the student's eighteenth birthday to any student who is enrolled in the district or the adult education program and who is required to register with the United States Selective Service System in accordance with the Military Selective Service Act, 50 U.S.C. § 3801 et seq.
    2. The district and adult education program shall further provide appropriate instructions for returning completed registration forms to United States Selective Service System personnel.
  1. The superintendent of the local school district and the director of the adult education program shall designate a staff person in each high school and at the adult education program site to distribute United States Selective Service System registration forms to students as provided in subsection (a) of this section.
  2. The Division of Elementary and Secondary Education shall issue rules to ensure compliance with the provisions of this section and compliance with all federal regulations.

History. Acts 1997, No. 229, § 1; 2019, No. 315, § 241; 2019, No. 910, § 1504.

Amendments. The 2019 amendment by No. 315, in (c), deleted “and regulations” following “rules” and added “and compliance with all federal regulations”.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c).

6-18-104. Placement.

All students in kindergarten through grade twelve (K-12) of the public schools of this state shall be placed in an educational program that includes the minimum core curriculum established under § 6-61-217 unless a medical doctor and the parent or custodian of the student certify that a medical condition exists that impairs the student's cognitive functioning and that the student should not pursue the minimum core curriculum.

History. Acts 1997, No. 1195, § 1; 2009, No. 376, § 35.

Amendments. The 2009 amendment deleted (b).

6-18-105. Skills and knowledge for preparation of kindergarten children.

    1. The Division of Elementary and Secondary Education shall determine and prepare a list of the skills and knowledge that a child should have in order to be prepared to enter kindergarten.
    2. The list shall be prepared in a manner that will assist parents in preparing their children for kindergarten.
    1. The list shall be available to parents on the Division of Elementary and Secondary Education's website and from the Division of Elementary and Secondary Education by mail if requested.
    2. The Division of Elementary and Secondary Education shall make reasonable efforts to have the list of skills published in the Happy Birthday Baby Book.
    1. The Department of Human Services shall provide copies of the list to childcare facilities licensed by the Division of Child Care and Early Childhood Education.
    2. The Department of Human Services shall adopt rules requiring childcare facilities licensed by the Division of Child Care and Early Childhood Education each year to distribute the list to the parent of each three-year-old child, four-year-old child, and five-year-old child attending the childcare facility.
  1. Nothing in this section shall be construed to require a child to have a certain level of skill or knowledge before enrolling in kindergarten.

History. Acts 2003, No. 825, § 1; 2019, No. 315, § 242; 2019, No. 910, § 1505.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (c)(2).

The 2019 amendment by No. 910 deleted “By December 31, 2003” from the beginning of (a)(1) and (c)(2); substituted “Division of Elementary and Secondary Education’s” for “Department of Education’s” in (b)(1); substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(1) and (b)(2); and substituted “Division of Child Care and Early Childhood Education” for “division” in (c)(2).

6-18-106. Classroom assignment of multiple birth siblings —Definitions.

  1. As used in this section:
    1. “Multiple birth sibling” means a twin, triplet, quadruplet, or other sibling resulting from a multiple birth; and
    2. “Parent” means the parent, legal guardian, or other person having custody or charge of a student enrolled in a public school.
  2. Not later than the fourteenth day before the first day of school, a parent of multiple birth siblings who are assigned to the same grade level and school, in prekindergarten through grade six (preK-6), may request in writing that the school place the siblings in the same classroom or in separate classrooms.
  3. Except as provided by subsection (e) or subsection (g) of this section, a school shall provide the multiple birth siblings with the classroom placement requested by the parent.
  4. In the event that one (1) parent's election under subsection (c) of this section differs from another parent's election under subsection (c) of this section, the school shall determine the appropriate placement of the multiple birth siblings.
  5. The school may direct a classroom placement for the multiple birth siblings that differs from the parent's request if:
    1. Thirty (30) instructional days have lapsed since the date the multiple birth siblings began the classroom placement made at the parent's request; and
    2. After consulting with the teacher of each classroom in which the multiple birth siblings are placed, the school determines that the classroom placement requested by the parent is:
      1. Detrimental to the educational achievement of one (1) or more of the multiple birth siblings;
      2. Disruptive to the classroom learning environment where the multiple birth sibling is assigned; or
      3. Disruptive to the school's educational or disciplinary environment.
  6. A parent may appeal the school's classroom placement of multiple birth siblings in the manner provided by school district policy.
  7. A school district is not required to place multiple birth siblings in separate classrooms if the request would require the school district to add an additional class to the grade level of the multiple birth siblings.
  8. A school district shall adopt a written policy concerning the procedures for classroom placements of multiple birth siblings that is consistent with this section.
  9. This section does not affect a right or obligation of the school or school district regarding student placement decisions of the school district under:
    1. The Children With Disabilities Act of 1973, § 6-41-201 et seq.;
    2. The Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it exists on July 27, 2011; or
    3. Written school district disciplinary policies.

History. Acts 2011, No. 906, § 1.

6-18-107. Enrollment of children of military families — Definitions.

  1. The purpose of this section is to extend laws related to children of active duty members of the uniformed forces under the Interstate Compact on Educational Opportunity for Military Children, § 6-4-301 et seq., to children of all components of the uniformed services in order to remove barriers to educational success that may be experienced by children of military families due to frequent moves and deployment of their parents by:
    1. Facilitating the timely enrollment of children of military families and ensuring the children are not placed at a disadvantage due to difficulty in the transfer of education records from a previous public school, including a public school in another state;
    2. Facilitating the student placement process so children of military families are not disadvantaged by variations in attendance requirements, scheduling, lesson sequencing, grading, course content, and assessment;
    3. Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular activities;
    4. Facilitating the on-time graduation of children of military families;
    5. Providing for the adoption and enforcement of administrative rules to implement this section;
    6. Providing for the uniform collection and sharing of information between and among public school districts; and
    7. Promoting flexibility and cooperation between the educational system, parents and legal guardians, and students in order to achieve educational success for the student.
  2. As used in this section:
    1. “Activated reserve components” means members of the reserve component of the uniformed services who have received a notice of intent to deploy or mobilize under Title 10 of the United States Code, Title 32 of the United States Code, or state mobilization to active duty;
    2. “Active duty” means full-time duty status in the active, uniformed services of the United States, including without limitation members of the National Guard and Reserve on active duty orders under 10 U.S.C. §§ 1209 and 1210, as they existed on January 1, 2019;
    3. “Deployment” means the period of time six (6) months before a member of the uniformed services' departure from his or her home station on military orders through six (6) months after return to his or her home station;
    4. “Education records” means an official record, file, or data directly related to a student and maintained by a public school or local education agency, including without limitation a record encompassing all the material kept in a student's cumulative folder such as:
      1. General identifying data;
      2. Records of attendance and of academic work completed;
      3. Records of achievement and results of evaluative tests;
      4. Health data;
      5. Disciplinary status;
      6. Test protocols; and
      7. Individualized education programs;
      1. “Extracurricular activity” means a voluntary activity sponsored by a school or local education agency or an organization sanctioned by the local education agency.
      2. “Extracurricular activity” includes without limitation preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities;
    5. “Local education agency” means a public authority legally constituted by the state as an administrative agency to provide control of and direction for kindergarten through grade twelve (K-12) public schools;
    6. “Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense or the State of Arkansas;
      1. “Public school” means a state-supported school or public charter school serving students in prekindergarten or kindergarten through grade twelve (K-12) in Arkansas.
      2. “Public school” includes without limitation:
        1. Alternative learning environments;
        2. The Arkansas School for the Blind;
        3. The Arkansas School for the Deaf; and
        4. The Arkansas School for Mathematics, Sciences, and the Arts;
    7. “Receiving district” means a public school district to which a child of a uniformed services member transitions;
    8. “Rule” means:
      1. A written statement that is of general applicability that implements, interprets, or prescribes a policy; or
      2. An organizational, procedural, or practice requirement promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., or any successor law, and includes the amendment, repeal, or suspension of an existing rule;
    9. “Sending district” means the public school district from which a child of a uniformed services member transitions;
    10. “Student” means the dependent minor child of a uniformed services member for whom the local education agency receives public funding and who is enrolled in a public school;
    11. “Transition” means the:
      1. Formal and physical process of transitioning from public school to public school; or
      2. Period of time in which a student moves from a sending district to a receiving district;
    12. “Uniformed services” means the United States Army, United States Navy, United States Air Force, United States Marine Corps, United States Coast Guard, the National Oceanic and Atmospheric Administration Commissioned Officer Corps, the United States Commissioned Corps of the Public Health Services, and the state and federal reserve components of each of these bodies; and
    13. “Veteran” means an individual who served in the uniformed services and who was discharged or released from the uniformed services under conditions other than dishonorable.
    1. This subchapter shall apply to minor dependent children of:
      1. Members of the active and activated reserve components of the uniformed services;
      2. Members or veterans of the uniformed services who were severely injured in the line of duty and are medically discharged or retired for a period of one (1) year following the medical discharge or retirement; and
      3. Members of the uniformed services who die while on active duty or as a result of injuries sustained while on active duty for a period of one (1) year following the death.
    2. This subchapter shall not apply to the minor dependent children of:
      1. Inactive members of the National Guard and military reserves;
      2. Retired members of the uniformed services, except as provided under subdivision (c)(1)(B) of this section; and
      3. Other United States Department of Defense personnel and other federal or state agency civilian and contract employees who are not considered members of the uniformed services.
    1. The Interstate Compact on Educational Opportunity for Military Children under § 6-4-301 et seq.:
      1. Is limited to providing transition services for children of active duty members of the uniformed services; and
      2. Excludes provision of services to children of members of the reserve components.
      1. In complying with this section, sending districts and receiving districts shall not require sending and receiving districts outside of the state to provide services to uniformed services families transferring to or from the state.
      2. Sending districts and receiving districts in the state shall make an attempt to coordinate on behalf of children of reserve component members with sending and receiving districts outside of the state under subdivision (d)(2)(A) of this section.
    1. If official copies of a student's education records cannot be released to a parent of a student for purposes of a transition under this section, then the custodian of the student's education records at the sending district shall prepare and furnish to the parent of the student and the receiving district a complete set of unofficial copies of the student's education records, which shall contain uniform information as determined by the Division of Elementary and Secondary Education.
    2. Upon receipt of the unofficial copies of a student's education records by a receiving district under subdivision (e)(1) of this section, and as soon as practicable, a receiving district shall preregister and place a student based on the information provided in the unofficial education records that is pending validation by the official records.
      1. Simultaneous with the enrollment and provisional placement of a student under subdivision (e)(2) of this section, a receiving district shall request a student's official education records from the sending district.
      2. Upon receipt of this request, the sending district, if it is a district within this state, shall process and furnish the official education records to the receiving district within ten (10) days or within such time as is reasonably determined under division rules.
    1. A student shall furnish his or her required immunization records to a receiving district within thirty (30) days of enrolling in the receiving district or within such time as is reasonably determined under division rules.
    2. For a series of immunizations, initial vaccinations shall be obtained within thirty (30) days or within such time as is reasonably determined under division rules.
    1. A student shall enroll in a receiving district in the same grade level in which he or she was enrolled at the sending district, regardless of the student's age.
    2. A student who has completed a grade level in the sending district shall be eligible for enrollment in the next highest grade level at the receiving district, regardless of the student's age.
    1. If the academic courses are offered and there is space available, when a student transitions under this section before or during a school year, the receiving district shall provisionally honor the placement of the student in academic courses based on the student's enrollment at the sending district and on educational assessments conducted at the sending district.
    2. Academic course placement includes without limitation enrollment in:
      1. Honors courses;
      2. The International Baccalaureate Diploma Programme;
      3. Advanced Placement courses; and
      4. Academic, technical, and career pathway courses.
    3. A receiving district may perform subsequent evaluations to ensure a student who transitions under this section has been appropriately placed in an academic course.
    1. If the educational programs are offered and there is space available, when a student transitions under this section before or during a school year, the receiving district shall provisionally honor the placement of the student in educational programs based on the student's participation in educational programs at the sending district and on educational assessments conducted at the sending district.
    2. Educational programs include without limitation:
      1. Gifted and talented programs; and
      2. English as a second language courses.
    3. A receiving district may perform subsequent evaluations to ensure a student who transitions under this section has been appropriately placed in an educational program.
    1. A receiving district shall provisionally provide services to a student with disabilities under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., according to the student's existing individualized education program.
    2. A receiving district:
      1. Shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities under this section; and
      2. May perform subsequent evaluations to ensure a student who transitions under this section has been appropriately placed in the receiving district.
  3. A public school may waive academic course or educational program requirements for students who transition to a receiving district under this section.
  4. If a student whose parent or legal guardian has been called to duty for, is on leave from, or has immediately returned from deployment, the student may be granted additional excused absences at the discretion of the public school in which he or she is enrolled.
    1. Members of the uniformed services shall, if possible, provide advance notice to public schools regarding the enrollment of a student under this section.
    2. When a public school receives notice from a military family under subdivision (m)(1) of this section, the public school shall treat the notice as a provisional enrollment and provide the student with materials regarding academic courses, electives, sports, and other relevant information regarding the public school.
    3. A public school:
      1. Shall consider the anticipated date of enrollment of a student under subdivision (m)(1) of this section in light of class sizes, course conflicts, and the availability of elective courses;
      2. May preregister a student in anticipation of the student's enrollment under subdivision (m)(1) of this section; and
      3. May seek waivers from the State Board of Education to accommodate a student under this section, including without limitation required class ratios.
    1. A student under this section shall receive equitable access to academic courses.
      1. A receiving district may enter academic course requests on behalf of an incoming student under this section based on the student's transcript of information sent by the student's family or the student's sending district.
      2. Special power of attorney relative to the guardianship of a child of a military family is sufficient for purposes of enrollment and all other actions requiring parental participation and consent.
    1. A receiving district shall not charge local tuition to a student who transitions to the receiving district under this section and who has been placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.
    2. A student who has been placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent may continue to attend the school in which he or she was enrolled while residing with the custodial parent.
  5. A receiving district shall ensure a student who transitions under this section has the opportunity to participate in extracurricular activities, regardless of application deadlines, and to the extent that the student is otherwise qualified.
  6. In order to ensure the on-time graduation of military students under this section, state and local education agencies shall:
    1. Waive specific courses that are required for graduation if similar coursework has been satisfactorily completed by a transitioning student under the control of another local education agency; and
    2. If a waiver for a specific course under subdivision (q)(1) of this section is denied, the state or local education agency shall provide:
      1. Justification for the denial; and
      2. An alternative means by which the transitioning student can complete the required coursework so that the student can graduate on time.
    1. Public schools shall accept results from:
      1. Exit or end-of-course exams that are required for graduation from the sending district;
      2. National norm-referenced achievement tests; or
      3. Alternative testing.
    2. If a student transitions under this section at the beginning of or during his or her senior year of high school and the student is deemed by the receiving district to be ineligible for graduation after all reasonable alternatives under this section have been considered, the sending district shall award and the receiving district shall accept a diploma for the student if the student meets the graduation requirements of the sending district.
  7. The Commissioner of Elementary and Secondary Education, the State Council, and the Interstate Commission on Educational Opportunity for Military Children under § 6-4-301 et seq., shall provide for coordination among state and local education agencies and military installations under this section.
  8. The division shall require a public school to report the enrollment of a student who is a child of a military family:
    1. In the Arkansas Public School Computer Network; or
    2. If the public school does not report through the Arkansas Public School Computer Network, as established by rule.
  9. The state board shall promulgate rules to implement this section.

History. Acts 2013, No. 514, § 1; 2019, No. 910, § 1506; 2019, No. 939, § 8.

Amendments. The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (b) [now (t)].

The 2019 amendment by No. 939 substituted “children of military families” for “military dependents” in the section heading; added (a); redesignated former (a) as (b); deleted former (a)(1) and (a)(2); added (b)(1) through (b)(7); redesignated former (a)(3) as (b)(8); substituted “or kindergarten through grade twelve (K-12)” for “kindergarten, elementary, middle, or secondary grades” in (b)(8)(A); added (b)(9) through (b)(15); inserted (c) through (s); redesignated former (b) and (c) as (t) and (u); and substituted “child of a military family” for “military dependent” in the introductory language of (t).

6-18-108. Continuity of education for public school choice students — Definitions.

  1. As used in this section:
    1. “Nonresident district” means a school district other than a student's resident district; and
    2. “Resident district” means the school district where the student resides as determined under § 6-18-202.
  2. If a public school choice request is approved by a nonresident district under a provision of law that is later declared unconstitutional by a court or is repealed, the student may continue to attend school in the nonresident district until the student completes his or her secondary education.
  3. A present or future sibling of a student who continues enrollment in the nonresident district under this section may enroll in or continue enrollment in the nonresident district until the sibling completes his or her secondary education, if the district has the capacity to accept the sibling without adding teachers, staff, or classrooms or exceeding the rules and standards established in law.
  4. The enrollment of a student in a nonresident district under this section is subject to:
    1. The nonresident district's written policies for renewal of the transfer; and
    2. Other provisions of law concerning attendance and enrollment in public schools.

History. Acts 2013, No. 1334, § 1; 2019, No. 315, § 243.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (c).

Research References

Ark. L. Rev.

Brinkley Beecher Cook-Campbell, Comment: “Schoolhouse Block”: Why the Arkansas Public School Choice Act Should Be Improved but Not Eliminated, 67 Ark. L. Rev. 927 (2014).

6-18-109. Student Online Personal Information Protection Act — Definitions.

  1. As used in this section:
    1. “Covered information” means personally identifiable information or materials regarding a public school student in this state, in any media or format, when the information is:
      1. Created or provided by a student or the student's parent or guardian to an operator in the course of the student's, parent's, or guardian's use of the operator's website, service, or application;
      2. Created or provided by an employee or agent of a public school, school district, local education agency, or the Division of Elementary and Secondary Education to the operator for public school purposes; or
      3. Gathered by an operator through the operation of the website, service, or application and personally identifies a student, including without limitation a student's:
        1. First and last name;
        2. Email address;
        3. Home address;
        4. Telephone number;
        5. Discipline records;
        6. Test results;
        7. Special education data;
        8. Juvenile dependency records;
        9. Grades;
        10. Medical or health records;
        11. Social Security number;
        12. Biometric information;
        13. Socioeconomic information;
        14. Political affiliations;
        15. Religious information;
        16. Student identifiers;
        17. Search activity, photos, voice recordings; or
        18. Geolocation information;
      1. “Operator” means, to the extent that the owner is operating in the capacity defined under this subdivision (a)(2), owner of an internet website, online service, online application, or mobile application with actual knowledge that the website, service, or application is:
        1. Used primarily for public school purposes;
        2. Designed and marketed for public school purposes; and
        3. Operating at capacity.
      2. An operator does not include the division, a school district, or an open-enrollment public charter school;
    2. “Public school purpose” means a purpose that customarily takes place at the direction of the public school teacher, administrator, or superintendent to aid in the administration of school activities primarily for the use and benefit of the school, including without limitation:
      1. Instruction in the classroom or at home;
      2. Administrative activities; or
      3. Collaboration between student, school personnel, or parents; and
      1. “Targeted advertising” means presenting advertisements to a student when the advertisement is selected based on information obtained or inferred from a student's online behavior, usage of applications, or covered information.
      2. “Targeted advertising” does not include advertising to a student at an online location based on a student's current visit to that online location or using the search query without the collection and retention of the student's online activities over time.
  2. An operator shall not engage knowingly in the following activities with respect to the website, service, or application:
    1. Target advertising when the targeting of the advertising is based on any covered information that the operator has acquired because of the use of the operator's website, service, or application;
      1. Create or gather covered information obtained by the operator's website, service, or application to compile a profile about a public school student except in furtherance of public school purposes.
      2. Compiling a profile does not include the collection and retention of account registration records or information that remains under the control of a student, parent, public school, or school district;
    2. Sell a public school student's covered information, other than with respect to the purchase, merger, or other acquisition of an operator by another entity, provided that the other entity is subject to the provisions of this section with respect to previously acquired student information that is subject to this section; or
    3. Disclose covered information of a public school student unless the disclosure is:
      1. Done in furtherance of public school purposes or to allow or improve operation and functionality within the student's classroom or school;
      2. Necessary disclosure to:
        1. Ensure legal or regulatory compliance or protect against liability;
        2. Respond to or participate in the judicial process; or
        3. Protect the safety or integrity of users or others or the security of the website, service, or application;
      3. Done to a service provider, if the operator contractually:
        1. Prohibits the service provider from using any covered information for any purpose other than providing the contracted service to or on behalf of the operator;
        2. Prohibits the service provider from disclosing any covered information provided by the operator with subsequent third parties, unless the disclosure is expressly permitted under this section; and
        3. Requires the service provider to implement and maintain reasonable security procedures and practices as provided under subsection (d) of this section; or
      4. Done for the public school, educational, or employment purpose requested by the student or the student's parent or guardian, provided that the information is not used or further disclosed for any other purpose.
  3. Subsection (b) of this section does not prohibit an operator from using covered information to maintain, develop, support, improve, or diagnose the operator's website, service, or application.
  4. An operator shall:
    1. Implement and maintain reasonable security measures that are appropriate to the nature of the covered information obtained and protect the covered information from unauthorized access, destruction, use, modification, or disclosure; and
    2. Delete a public school student's covered information within a reasonable time frame if the school or school district requests the deletion of covered information under the control of the public school or school district.
  5. Subdivisions (b)(1), (2), and (4) of this section shall not be construed to prohibit the use or disclosure of covered information with the affirmative consent of the public school, the student, or the student's parent or guardian in response to clear and conspicuous notice of the use or disclosure.
  6. Notwithstanding subdivision (b)(4) of this section, an operator may disclose covered information of a public school student under the following circumstances:
    1. If other provisions of federal or state law require the operator to disclose the covered information and the operator complies with the applicable requirements of federal and state law in protecting and disclosing the covered information;
    2. For legitimate research purposes:
      1. As required by federal or state law and subject to the restrictions under the applicable federal or state law;
      2. As allowed by federal or state law and under the direction of a school, school district, or the division if no covered information is used for advertising or to compile a profile of a public school student; or
      3. As permitted by federal or state law to a state or local educational agency, including a school or school district, for public school purposes; or
    3. To a state or local educational agency, including public schools and school districts, for public school purposes, as permitted by federal or state law.
  7. This section does not prohibit an operator from:
    1. Using aggregated or deidentified covered information of a public school student as follows:
      1. Within the operator's website, service, or application or other websites, services, or applications owned by the operator to develop or improve educational products; or
      2. To demonstrate the effectiveness of the operator's website, service, or application, including the operator's marketing of the website, service, or application; or
    2. Sharing aggregated or deidentified covered information of a public school student for the development or improvement of educational websites, services, or applications.
  8. This section does not limit:
    1. The authority of a law enforcement agency to obtain any content or information from an operator that is authorized by law or pursuant to an order of a court of competent jurisdiction;
    2. The ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes;
    3. Internet service providers from providing internet connectivity to public schools, school districts, or students;
    4. The ability of an operator to use recommendation engines to recommend additional content or services to a student within an operator's website, service, or application without the response being determined in whole or in part by payment or other consideration from a third party;
    5. The ability of an operator to respond to a student's request for information or for feedback without the information or response being determined in whole or in part by payment or other consideration from a third party; or
    6. The ability of an operator to use or retain student information to ensure legal or regulatory compliance or to take precautions against liability.
  9. This section does not apply to general audience websites, services, or applications, even if login credentials created on the operator's website, service, or application are used to access those general audience websites, services, or applications.
  10. This section does not impose a duty on a provider of an:
    1. Electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance with this section on those software or applications; or
    2. Interactive computer service, as defined in the Telecommunications Act of 1996, 47 U.S.C § 230, to review or enforce compliance with this section by a third-party content provider.
  11. This section does not limit the ability of a student or the student's parent or guardian to download, export, transfer, or otherwise save or maintain his or her own student data or documents.

History. Acts 2015, No. 1196, § 1; 2019, No. 910, §§ 1507-1509.

Amendments. The 2019 amendment substituted “the Division of Elementary and Secondary Education” for “Department of Education” in (a)(1)(B); substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(2)(B); and substituted “division” for “department” in (f)(2)(B).

6-18-110. Reports by mandated reporters — Failure to notify by mandated reporter — Making a false report.

  1. Each of the following persons shall notify law enforcement if he or she has a good faith belief that there is a serious and imminent threat to the public based on a threat made by an individual regarding violence in or targeted at a school that has been communicated to the person in the course of his or her professional duties:
    1. A childcare worker or foster care worker;
    2. A coroner;
    3. A daycare center worker;
    4. A dentist;
    5. A dental hygienist;
    6. A domestic abuse advocate;
    7. A domestic violence shelter employee;
    8. A domestic violence shelter volunteer;
    9. An employee of the Department of Human Services;
    10. An employee working under contract for the Division of Youth Services;
    11. A foster parent;
    12. A judge;
    13. A law enforcement official;
    14. A licensed nurse;
    15. Medical personnel who may be engaged in the admission, examination, care, or treatment of a person;
    16. A mental health professional or paraprofessional;
    17. An osteopath;
    18. A peace officer;
    19. A physician;
    20. A prosecuting attorney;
    21. A resident intern;
    22. A public or private school counselor;
    23. A school official;
    24. A social worker;
    25. A surgeon;
    26. A teacher;
    27. A court-appointed special advocate program staff member or volunteer;
    28. A juvenile intake or probation officer;
    29. A clergy member, including a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or a person reasonably believed to be so by the individual consulting him or her unless the clergy member acquires knowledge of the serious and imminent threat of violence in or targeted at a school through a communication that is required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith;
    30. An employee of a child advocacy center or a child safety center;
    31. An attorney ad litem in the course of his or her duties as an attorney ad litem;
      1. A sexual abuse advocate or sexual abuse volunteer who works with a victim of sexual abuse as an employee of a community-based victim service or mental health agency such as the Safe Place program of the National Safe Place Network, United Family Services, Inc., or the Centers for Youth and Families, Inc.
      2. A sexual abuse advocate or sexual abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;
    32. A rape crisis advocate or rape crisis volunteer;
      1. A child abuse advocate or child abuse volunteer who works with a child victim of abuse or maltreatment as an employee of a community-based victim service or a mental health agency such as the Safe Place program of the National Safe Place Network, United Family Services, Inc., or the Centers for Youth and Families, Inc.
      2. A child abuse advocate or child abuse volunteer includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;
    33. A victim or witness coordinator;
    34. A victim assistance professional or victim assistance volunteer;
    35. An employee of the Crimes Against Children Division;
    36. An employee of a reproductive healthcare facility;
    37. A volunteer at a reproductive healthcare facility; and
    38. An individual not otherwise identified in this subsection who is engaged in performing his or her employment duties with a nonprofit charitable organization other than a nonprofit hospital.
  2. A person listed as a mandated reporter under subsection (a) of this section shall:
    1. Make every attempt to immediately notify law enforcement of the serious and imminent threat to the public; and
    2. Notify law enforcement within twenty-four (24) hours of learning of the serious and imminent threat to the public.
    1. A person listed as a mandated reporter under subsection (a) of this section commits the offense of failure to notify by a mandated reporter in the first degree if he or she knowingly fails to notify law enforcement of a serious and imminent threat of violence in or targeted at a school that has been communicated to him or her in the course of his or her professional duties.
    2. Failure to notify by a mandated reporter in the first degree is a Class A misdemeanor.
    1. A person listed as a mandated reporter under subsection (a) of this section commits the offense of failure to notify by a mandated reporter in the second degree if he or she recklessly fails to notify law enforcement of a serious and imminent threat of violence in or targeted at a school that has been communicated to him or her in the course of his or her professional duties.
    2. Failure to notify by a mandated reporter in the second degree is a Class C misdemeanor.
    1. A person commits the offense of making a false report under this section if he or she purposely makes a report containing a false allegation to law enforcement knowing the allegation to be false.
    2. The first offense of making a false report under subdivision (e)(1) of this section is a Class A misdemeanor.
    3. A subsequent offense of making a false report under subdivision (e)(1) of this section is a Class D felony.
  3. Law enforcement may file a petition in the appropriate court seeking imposition of penalties for a violation of this section.
  4. A person who notifies law enforcement, in good faith, of a serious and imminent threat of violence in or targeted at a school that has been communicated to him or her in the course of his or her professional duties is immune from civil or criminal liability.

History. Acts 2019, No. 530, § 1.

6-18-111. School safety and crisis line.

    1. The University of Arkansas for Medical Sciences Psychiatric Research Institute shall establish and operate a pilot program that creates a school safety and crisis line to be known as “ARSafeSchools” that can be accessed by the following means, including without limitation:
      1. Telephone;
      2. Text message; and
      3. Smartphone application.
    2. Participation in the pilot program established under subdivision (a)(1) of this section shall be voluntary for public schools in this state.
  1. The school safety and crisis line under this section shall:
    1. Provide a means for a student to anonymously report:
      1. Unsafe, violent, or criminal activities or the threat of unsafe, violent, or criminal activities at, near, or concerning a public school;
      2. Incidents of bullying, harassment, or hazing, including without limitation conduct described in § 6-18-514;
      3. Incidents of physical or sexual abuse committed against a student by:
        1. Another student;
        2. A school employee;
        3. A school volunteer; or
        4. Any other person if the physical or sexual abuse occurred at a public school or a school-sponsored event;
      4. Thoughts of suicide experienced by the student or by another individual whom the student knows;
      5. Feelings experienced by the student of:
        1. Stress;
        2. Depression; or
        3. Anxiety;
      6. Issues involving drug abuse or alcohol abuse, or both, regarding the student or another individual whom the student knows;
      7. Issues with addiction faced by the student or another individual whom the student knows;
      8. Domestic violence experienced by the student or by another individual whom the student knows;
      9. Infliction of self-harm by the student or by another individual whom the student knows;
      10. Feelings of grief or loss, or both; and
      11. Other behaviors, incidents, actions, or threats that the University of Arkansas for Medical Sciences Psychiatric Research Institute may determine are important for a student to report under this section;
    2. Provide crisis intervention, including without limitation suicide prevention services, to students experiencing emotional or psychiatric distress;
    3. Operate twenty-four (24) hours per day, seven (7) days per week; and
    4. Begin operation at a time and in phases determined by the University of Arkansas for Medical Sciences Psychiatric Research Institute to allow time for the establishment of the school safety and crisis line and the training of personnel to carry out the operations of the school safety and crisis line under this section.
    1. Personnel operating the school safety and crisis line shall, when necessary or as required by law, promptly forward a report received under subsection (b) of this section to appropriate:
      1. School officials; or
      2. Law enforcement agencies.
    2. An individual who acts in good faith under this section while operating the school safety and crisis line shall not be liable for civil damages for an act or omission taken in good faith while operating the school safety and crisis line so long as the act or omission does not constitute gross negligence or willful misconduct.
  2. The University of Arkansas for Medical Sciences Psychiatric Research Institute shall:
    1. Establish, operate, maintain, provide training, and make all decisions regarding a school safety and crisis line under this section;
    2. Collaborate with public schools for the implementation and use of the school safety and crisis line under this section; and
    3. Use funding from the ARSafeSchools Fund under § 6-18-112 to provide training for personnel regarding the operation of the school safety and crisis line under this section.
  3. Messages, recordings, and any personal information received by an individual operating a school safety and crisis line under this section are confidential and not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

History. Acts 2019, No. 1064, § 2.

A.C.R.C. Notes. Acts 2019, No. 1064, § 1, provided: “Legislative findings. The General Assembly finds that:

“(1) A survey of thirty-nine (39) states conducted by the Centers for Disease Control and Prevention from September 2016 to December 2017 found that Arkansas had the:

“(A) Highest percentage of high school students who had been bullied on school property;

“(B) Highest percentage of high school students who had ever been physically forced to have sexual intercourse;

“(C) Highest percentage of high school students who had experienced sexual violence by anyone;

“(D) Highest percentage of high school students who had experienced physical dating violence;

“(E) Highest percentage of high school students who had felt sad or hopeless;

“(F) Highest percentage of high school students who had seriously considered attempting suicide;

“(G) Highest percentage of high school students who had made a plan about how they would attempt suicide;

“(H) Second highest percentage of high school students who had actually attempted suicide;

“(I) Second highest percentage of high school students whose suicide attempt had resulted in an injury, poisoning, or overdose that had to be treated by a doctor or nurse;

“(J) Second highest percentage of high school students who had been threatened or injured with a weapon on school property;

“(K) Second highest percentage of high school students who had been involved in a physical fight;

“(L) Fourth highest percentage of high school students who had been electronically bullied; and

“(M) Fifth highest percentage of high school students who did not go to school because they had felt unsafe at school or on their way to or from school;

“(2) A recent study by the nonprofit research organization Child Trends found that fifty-six percent (56%) of Arkansas children have undergone at least one (1) adverse childhood experience, the highest percentage of any other state in the nation; and

“(3) This act is necessary to respond to and counter these trends and to provide an avenue for students in Arkansas to report incidents that cause or have the potential to cause physical, mental, or emotional damage to students.”

6-18-112. School safety and crisis line fund — Report.

  1. There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous fund to be known as the “ARSafeSchools Fund”.
  2. The fund shall consist of:
    1. Moneys obtained from private grants or other sources that are designated to be credited to the fund; and
    2. Any other funds authorized or provided by law.
  3. The fund shall be used by the University of Arkansas for Medical Sciences Psychiatric Research Institute solely to create and maintain the ARSafeSchools school safety and crisis line under § 6-18-111.
  4. Moneys remaining in the fund at the end of each fiscal year shall carry forward and be made available for the purposes stated in this section in the next fiscal year.
  5. The University of Arkansas for Medical Sciences Psychiatric Research Institute is not required to implement provisions of this section if the ARSafeSchools school safety and crisis line under § 6-18-111 is not funded.
    1. The University of Arkansas for Medical Sciences Psychiatric Research Institute shall submit an annual report containing the following information to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee:
      1. The balance of the fund as of the reporting date;
      2. A list of administrative costs paid for from the fund, including without limitation salaries, pensions, and packages;
      3. The total revenue received by the fund during the reporting period; and
      4. A detailed description of steps taken to create and implement the ARSafeSchools school safety and crisis line.
    2. The annual report required under this subsection shall be submitted by January 1 and July 1 of each year.

History. Acts 2019, No. 1064, § 2.

Subchapter 2 — Attendance

Effective Dates. Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1983, No. 822, § 3: Mar. 25, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that there are instances in which a person owns a single tract of land which is located in two school districts and the actual home of the owner is located on lands located in one district while the greatest portion of such lands is located in the other district; that in many such cases, the taxes paid by the landowner are substantially greater in the school district in which the home is not actually located and that fairness and equity demand that the children of such owner have the option to attend public school in either district regardless of where the home is actually located; that this Act is designed to permit such option and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 1029, § 4: Apr. 17, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 60 of the First Extraordinary Session of 1983 inadvertently repealed the law relating to the minimum age for enrollment in the first grade in the public schools; that it is urgent that such law be replaced as soon as possible; that this Act is designed to replace such law and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985 (1st Ex. Sess.), Nos. 40, 42, § 11: July 10, 1985. Emergency clause provided: “It is hereby found and determined by the Seventy Fifth General Assembly meeting in Extraordinary Session that certain parents of school age children are providing educational programs for their children in home schools; that the State of Arkansas does not have adequate statutory provisions concerning the conduct of home schools; that the Arkansas Supreme Court has ruled that educating children at home does not meet the requirements for school attendance set forth in the compulsory attendance laws; that home schooling can be an appropriate educational program for certain children whose parents wish to educate them at home; that the law must be clarified to authorize the education of children in home schools subject to appropriate guidelines established by this Act and the State Board of Education. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 466, § 3: emergency clause failed to pass. Emergency clause provided: “It is hereby found and determined by the General Assembly that constitutional challenges to the present form of Section 1 of Act 60 of the First Extraordinary Session of 1983 (Ark. Stats. 80-1501) has caused considerable confusion among school administrators and school boards as to whether certain individual students may properly attend school in their districts; that additional legal challenges to the present form of Section 1 of said Act 60 of the First Extraordinary Session of 1983 are presently pending. Therefore, an emergency is hereby declared to exist and this Act, being immediately necessary for the preservation of the public peace, health, and welfare, shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 528, § 3: emergency clause failed to pass. Emergency clause provided: “It is hereby found and determined by the General Assembly that when a school district admits to class a student residing in another school district, the receiving school district should be liable to the school district of residence for the revenues which the school district of residence will lose as a result of the student transfer; that this Act so provides and should be given immediate effect in order to provide for the equitable treatment of the school districts of residence. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 591, § 3: Apr. 4, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that constitutional challenges to the present form of Section 1 of Act 60 of the First Extraordinary Session of 1983 (Ark. Stats. 80-1501) has caused considerable confusion among school administrators and school boards as to whether certain individual students may properly attend school in their districts; that additional legal challenges to the present form of Section 1 of said Act 60 of the First Extraordinary Session of 1983 are presently pending. Therefore, an emergency is hereby declared to exist and this Act, being immediately necessary for the preservation of the public peace, health, and welfare, shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 895, § 4: Mar. 22, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that some school districts are allowing students ineligible for attendance, to attend schools in the district to the detriment of the district in which the student is eligible to attend. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989 (3rd Ex. Sess.), No. 70, § 8: Nov. 16, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that parental involvement is a necessary part of a student's education, and the General Assembly feels very strongly that a student's parents, guardians or persons in loco parentis should be informed of excessive student absences and should bear certain responsibilities regarding their students' absences. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 915, § 5: Mar. 29, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is essential to the effective and efficient operation of the Arkansas Department of Correction that the department transfer employees among the various units; that since employees of the department are commonly transferred from one unit to another, it is difficult for the department to employ the best qualified personnel unless the children of such personnel are permitted to continue to attend school in the district of choice; that this act is designed to permit this choice in order that the department can employ and retain the best qualified personnel at the respective units and therefore should be given effect immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 1105, § 5: Apr. 13, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that uncertainty exists as to what conditions will justify attendance by a student in a nonresident district and in order to clarify those conditions the General Assembly hereby finds that an emergency exists. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1994 (2nd Ex. Sess.), Nos. 30 and 31, § 9: Aug. 24, 1994. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, meeting in Second Extraordinary Session, that under current law, sixteen and seventeen year olds can no longer enroll in adult education and attend a GED program, and the GED programs are more suitable than the public schools in meeting the educational needs of some sixteen and seventeen year olds. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 572, § 5: Mar. 9, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that Arkansas Code 6-18-222 was intended to address excessive unexcused absences of public school students; that as written it applies to excessive absences; that the present law is unduly burdensome on school districts; and that this act relieves the burden and should go into effect as soon as possible in order to lighten the burden. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 275, § 5: Feb. 26, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there is some disparity in practice among school districts as to whether students can be allowed to graduate early when they have completed all courses and credits required by the school district for graduation and that immediate implementation of this act is necessary for clarification prior to the end of the current school year and graduation time. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 570, § 7: Mar. 15, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that immediate passage of this act is necessary to eliminate uncertainty for parents of children approaching the age for school enrollment and to alleviate hardship to local school districts in planning for the next school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1078, § 92: effective July 1, 2000.

Acts 2001, No. 1220, § 20: July 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly that changes to the distribution of public school funds must take effect at the time that appropriations become effective and that to not do so would create confusion in the state's public school districts. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 2001.”

Acts 2003 (2nd Ex. Sess.), No. 35, § 13: July 1, 2004. Effective date clause provided: “Unless otherwise provided herein, this subchapter shall become effective on July 1, 2004.”

Acts 2003 (2nd Ex. Sess.), No. 35, § 14: Jan. 14, 2004. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002) has declared the now current system of education to be unconstitutional because it is both inequitable and inadequate; that the Arkansas Supreme Court has set forth the test for a constitutional system to be one in which the state has an ‘absolute duty’ to provide and ‘equal opportunity to an adequate education’; that the Arkansas Supreme Court has instructed the General Assembly to define and provide what is necessary to provide an adequate and equitable education for the children of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 2199, § 2: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that a student's exposure to the legislative process is a important learning opportunity; that students are often asked to serve as pages during sessions of the General Assembly and those students should be allowed to serve without penalty for the absence; and that this act is immediately necessary to ensure that a student serving as a page during the 2005 legislative session is not penalized for his or her service. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 29, § 2: Feb. 4, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that families in Arkansas are suffering an undue hardship created by the establishment of new kindergarten enrollment criteria; that some children currently enrolled in prekindergarten programs are not eligible to enroll in kindergarten due to newly implemented criteria; that the immediate implementation of this act is necessary for public school districts and families of these children to prepare for the enrollment of these students in kindergarten for the 2009-2010 school year; that the failure to allow these children to enroll in kindergarten will cause irreparable harm to the education of these children and the well-being of this state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 426, § 3: Mar. 13, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that families in Arkansas are suffering an undue hardship created by the establishment of new kindergarten enrollment criteria; that some children currently enrolled in prekindergarten programs are not eligible to enroll in kindergarten due to newly implemented criteria; that the immediate implementation of this act is necessary for public school districts and families of these children to prepare for enrollment of students in prekindergarten and kindergarten programs during the 2009-2010 school year and beyond; and that this act is immediately necessary because failure to allow consistent enrollment age criteria will cause irreparable harm to the education of these children and the well-being of this state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 600, § 24: Apr. 4, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state's constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that state oversight and intervention into distressed school districts is critical to the delivery of a constitutionally adequate education; and that the changes made in this act are immediately necessary for the state to meet this constitutional obligation. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 1227, § 7: Apr. 16, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that certain provisions of the Arkansas Public School Choice Act of 1989, § 6-18-206, have been found to be unconstitutional by a federal court; that thousands of public school students are currently attending public schools in nonresident school districts under that law; that there is now uncertainty about the viability of those transfers and future transfers; that this act repeals the disputed provisions of that law while preserving the opportunity for public school choice; and that this act is immediately necessary to resolve the uncertainty in the law before the 2013-2014 school year and preserve existing student transfers. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

ALR.

Truancy as indicative of delinquency or incorrigibility justifying commitment of infant or juvenile. 5 A.L.R.4th 1211.

Conditions at school as excusing or justifying nonattendance. 9 A.L.R.4th 122.

Am. Jur. 67B Am. Jur. 2d, Schools, § 266 et seq.

Ark. L. Rev.

Gitelman and McIvor, Domicile, Residence and Going to School in Arkansas, 37 Ark. L. Rev. 843.

C.J.S. 78A C.J.S., Schools, § 1017 et seq.

6-18-201. Compulsory attendance — Exceptions.

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

History. Acts 1983 (1st Ex. Sess.), No. 60, § 3; 1985, No. 1029, § 2; 1985 (1st Ex. Sess.), No. 40, § 1; 1985 (1st Ex. Sess.), No. 42, § 1; A.S.A. 1947, §§ 80-1503, 80-1503.4; Acts 1987, No. 319, § 1; 1989, No. 598, § 1; 1991, No. 320, § 1; 1994 (2nd Ex. Sess.), No. 30, § 1; 1994 (2nd Ex. Sess.), No. 31, § 1; 1995, No. 837, §§ 1, 2; 1997, No. 1148, § 1; 1997, No. 1230, § 1; 1999, No. 570, § 1; 2001, No. 1514, § 1; 2001, No. 1535, § 1; 2001, No. 1659, § 1; 2003, No. 604, §§ 1-3; 2009, No. 215, § 1; 2009, No. 376, § 36; 2015, No. 1115, § 5; 2019, No. 756, §§ 1-6; 2019, No. 910, §§ 139-142.

Amendments. The 2009 amendment by No. 215 substituted “the date established in § 6-18-207 for the minimum age for enrollment in public school” for “September 15 of that year” in the introductory language of (a); substituted “the date established in § 6-18-207 for the minimum age for enrollment in public school” for “September 15 of that particular school year” in (a)(1)(A); substituted “rule” for “regulation” in (a)(1)(B)(ii); and made minor stylistic changes.

The 2009 amendment by No. 376 deleted (a)(5).

The 2015 amendment, in (b)(2)(A), substituted “basic skills test” for “test for adult basic education” twice, substituted “high school equivalency practice test” for “General Educational Development Practice Test”, substituted “an appropriate score as determined by the Adult Education Division of the Department of Career Education” for “8.5 grade level or above”, and substituted “passing score on all areas of the official high school equivalency practice test” for “minimum score of four hundred fifty (450) on each section and a minimum composite score of four hundred ninety (490) on the General Educational Development Practice Test”.

The 2019 amendment by No. 756 substituted “legal guardian, person having lawful control of the child, or person standing in loco parentis” for “guardian, or other person” in the introductory language of (a) and made a similar change in (a)(1)(A); in (a)(1)(B)(i), inserted “under subdivision (a)(1)(A) of this section” and substituted “legal guardian, person having lawful control of the child, or person standing in loco parentis” for “guardian, or other person having custody or charge of the child”; added “under this section” in (a)(2) and (a)(3); deleted (a)(4)(B) and redesignated (a)(4)(A) as (a)(4); added “under this section” in (a)(4); substituted “legal guardian, person having lawful control of the child, or person standing in loco parentis” for “guardians, or persons in loco parentis” in (b)(3), (b)(8), (c)(2), and (c)(5); in (c)(7), substituted “legal guardian” for “guardian” and inserted “person having lawful control of the child”; and made stylistic changes.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1)(B)(ii); substituted “Adult Education Section” for “Adult Education Division of the Department of Career Education” in (b)(2)(A) and (b)(9); and substituted “Adult Education Section” for “Department of Career Education” in (e)(2).

Cross References. Home schools, § 6-15-501 et seq.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, High School Graduation Requirements, 26 U. Ark. Little Rock L. Rev. 382.

Case Notes

Cited: Stephan v. Arkansas, 747 F. Supp. 1327 (E.D. Ark. 1990).

6-18-202. Age and residence for attending public schools — Definitions.

  1. As used in this section:
    1. “Reside” means to be physically present and to maintain a permanent place of abode for an average of no less than four (4) calendar days and nights per week for a primary purpose other than school attendance;
    2. “Resident” means a student whose parents, legal guardians, persons having legal, lawful control of the student under order of a court, or persons standing in loco parentis reside in the school district;
    3. “Residential address” means the physical location where the student's parents, legal guardians, persons having legal, lawful control of the student under order of a court, or persons standing in loco parentis reside; and
    4. “In loco parentis” means relating to the responsibility to undertake the care and control of another person in the absence of:
      1. Supervision by the person's parent or legal guardian; and
      2. Formal legal approval.
    1. The public schools of any school district in this state shall be open and free through completion of the secondary program to all persons in this state between five (5) and twenty-one (21) years of age whose parent, legal guardian, person having lawful control of the person, or person standing in loco parentis resides within the school district and to all persons between those ages who have been legally transferred to the district for education purposes.
    2. For purposes of this section, a student may use the residential address of a legal guardian, person having legal, lawful control of the student under order of a court, or person standing in loco parentis only if the student resides at the same residential address and if the guardianship or other legal authority is not granted solely for educational needs or school attendance purposes.
    3. A school district may require a parent, foster parent, legal guardian, person having lawful control of the student, or person standing in loco parentis who enrolls a student in a school district to sign a statement under oath attesting to his or her residential address or to provide other proof that a student is a resident of the school district as defined by this section.
    4. A foster child may remain enrolled in a school district in this state under § 9-28-113 even if the foster home or placement is located outside the boundaries of the school district.
  2. Any person eighteen (18) years of age or older may establish a residence separate and apart from his or her parent, legal guardian, person having lawful control of the person, or person standing in loco parentis for school attendance purposes.
  3. In order for a person under eighteen (18) years of age to establish a residence for the purpose of attending the public schools separate and apart from his or her parent, legal guardian, person having lawful control of the person, or person standing in loco parentis, the person is required to reside in the district for a primary purpose other than that of school attendance.
    1. A school district shall not admit for ten (10) school days or more a student who is not a resident of the school district or is not otherwise entitled by law to attend the school district.
      1. A school district that determines that a student who resides within its boundaries is unlawfully attending another school district shall send written notification to the superintendent of the other school district that the student is unlawfully attending the school district.
      2. The written notification to the superintendent shall include a reasonable description of the location of the residence, including a street address if available, and other information that enables the school district to determine that the student is a resident of the school district.
      1. The school district that receives the notification under subdivision (e)(2) of this section shall immediately investigate and determine which school district the student is required to attend.
      2. The school district conducting the investigation shall:
          1. Complete the investigation within ten (10) business days after receiving the written notice.
          2. The school district conducting the investigation may extend the investigation ten (10) business days in a case that involves five (5) or more students by submitting written notice within the first ten (10) business days of the investigation to the school district that submitted the notification under subdivision (e)(2) of this section;
        1. Make a determination as to which school district the student is required to attend; and
        2. Send a written report to the school district that submitted the notification, in writing, of the findings of the investigation and the documentation supporting its determination.
    2. A student who is determined to be unlawfully attending a school not within the student's resident district shall be immediately barred from attending the nonresident school district.
      1. The school district that submitted the notification may within five (5) days after receiving the written report, appeal the decision of the school district that conducted the investigation.
      2. The appeal shall be made to the Division of Elementary and Secondary Education.
      3. The school district that conducted the investigation shall have the burden of proof in proving that the student is entitled to attend its school.
      1. The division shall promulgate rules to establish the procedure for a division hearing officer to investigate the appeal and conduct a hearing.
      2. The division hearing officer may compel disclosure of information from both of the school districts in his or her duties.
        1. The decision of the division hearing officer may be appealed by either school district to the circuit court of the county where the school district that is appealing the decision is located.
        2. The circuit court shall affirm the decision of the division hearing officer if it is supported by substantial evidence.
  4. Any person who knowingly gives a false residential address for purposes of public school enrollment is guilty of a violation and subject to a fine not to exceed one thousand dollars ($1,000).
  5. This section shall not be construed to restrict a student's ability to participate in a tuition agreement with a nonresident school district or to officially transfer to another school district pursuant to the Public School Choice Act of 2015, § 6-18-1901 et seq.

History. Acts 1987, No. 466, § 1; 1987, No. 591, § 1; 1989, No. 895, § 1; 1999, No. 391, § 9; 1999, No. 663, § 1; 2005, No. 1994, § 64; 2005, No. 2121, § 6; 2009, No. 1310, §§ 1, 2; 2013, No. 1227, § 3; 2015, No. 1094, § 1; 2019, No. 756, §§ 7-11; 2019, No. 910, §§ 1510, 1511.

Publisher's Notes. Former § 6-18-202, concerning age and residence of students for public schools, was repealed by Acts 1987, No. 466, § 2; 1987, No. 591, § 2. The former section was derived from Acts 1983 (1st Ex. Sess.), No. 60, § 1; A.S.A. 1947, § 80-1501.

Amendments. The 2009 amendment rewrote (e); and, in (f), substituted “one thousand dollars ($1,000)” for “five hundred dollars ($500)” and made a minor stylistic change.

The 2013 amendment substituted “Public School Choice Act of 2013, § 6-18-1901 et seq.” for “Arkansas Public School Choice Act of 1989, § 6-18-206” in (g).

The 2015 amendment inserted “foster parents” in (b)(1); inserted “foster parent” in (b)(3); and added (b)(4).

The 2019 amendment by No. 756 added (a)(4); substituted “parent, legal guardian, person having lawful control of the person, or person standing in loco parentis resides” for “parents, foster parents, legal guardians, or other persons having lawful control of the person under an order of a court reside” in (b)(1); substituted “A” for “Any” and “person having lawful control of the student, or person standing” for “or other person” in (b)(3); substituted “parent, legal guardian, person having lawful control of the person, or person standing in loco parentis” for “parents or guardians” in (c); and substituted “parent, legal guardian, person having lawful control of the person, or person standing in loco parentis, the person is required to” for “parents, guardians, or other persons having lawful control of him or her under an order of a court, the person must actually” in (d).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (e)(5)(B); and substituted “division” for “department” in (e)(6)(A) twice and in (e)(6)(B).

Case Notes

Constitutionality.

School district's policy of excluding minor children from school unless a child has a parent or legal guardian living in the district was held to violate the equal protection and due process clauses. Horton v. Marshall Pub. Sch., 769 F.2d 1323 (8th Cir. 1985) (decision under prior law).

Illegal Enrollment.

The proper remedy by one school district against another for illegal student enrollment is by injunction, not by a suit for damages. Newark Sch. Dist. v. Cord-Charlotte Sch. Dist., 278 Ark. 110, 644 S.W.2d 253 (1983) (decision under prior law).

Residency.

Whether children living with grandparents in school district, whose parents live outside the district, were permanent residents of the district and entitled to attend the schools of that district without payment of tuition was a question to properly be decided by the district court. Spriggs v. Altheimer, Ark. School Dist., 385 F.2d 254 (8th Cir. 1967) (decision under prior law).

Cited: Springdale Bd. of Educ. v. Bowman, 294 Ark. 66, 740 S.W.2d 909 (1987).

6-18-203. Attendance in district other than district of residence.

    1. Except as provided in subdivision (a)(2) of this section, when any person owns a tract of land on which the person resides and which tract of land is located partially in one (1) school district and partially in another, the school-age children of that person shall attend school in the school district where the residence is located.
    2. When a person owned an undivided tract of land on which that person domiciled for ten (10) or more years before August 13, 2001, and which undivided tract of land is located partially in one (1) school district and partially in another, the school-age children of that person, and those of his or her successors in title, shall be eligible to attend the school in either of the districts regardless of the location of the home on the property.
    1. A child or ward of a person who before April 1, 2009, is at least a half-time employee of a public school district in this state or is a full-time employee of an education service cooperative and is a resident of another school district in this state may enroll in and attend school in:
      1. The school district in which the parent or guardian resides;
      2. The school district in which the parent or guardian is at least a half-time employee of that public school district; or
      3. Any school district located in the county where the main office of the education service cooperative is located.
    2. A child or ward of a person who on or after April 1, 2009, is a full-time employee of a public school district or an educational service cooperative and is a resident of another school district in this state may enroll in and attend school in:
      1. The school district in which the parent or guardian resides;
      2. The school district in which the parent or guardian is a full-time employee of that public school district; or
      3. Any school district located in the county where the main office of the educational service cooperative is located.
      1. A student enrolled in kindergarten through grade eight (K-8) under subdivision (b)(1) or subdivision (b)(2) of this section shall be entitled to continue attending school in the enrolled school district, regardless of a change to the employment status of the parent or guardian, until the end of the school year if:
        1. The parent or guardian was employed by the school district or education service cooperative for a minimum of one hundred twenty (120) days before leaving employment; and
        2. The student maintains uninterrupted enrollment in the school district and is not expelled after the parent or guardian of the student is no longer employed by the school district or education service cooperative.
      2. A student enrolled in grade nine through twelve (9-12) under subdivision (b)(1) or subdivision (b)(2) of this section shall be entitled to continue attending school in the enrolled school district, regardless of change to the employment status of the parent or guardian, through the completion of the secondary program, if:
        1. The parent or guardian was employed by the school district or education service cooperative for a minimum of three (3) consecutive contract years, with a minimum of one hundred twenty (120) contract days each year, before leaving employment; and
        2. The student maintains uninterrupted enrollment in the school district and is not expelled after the parent or guardian of the student is no longer employed by the school district or education service cooperative.
    3. A nonenrolled sibling of a student who attends a nonresident school district under this subsection shall have no right to future enrollment based on the privilege of enrollment extended to his or her sibling if the parent or guardian is no longer a full-time employee of the school district or education service cooperative.
        1. The General Assembly recognizes and embraces the responsibility of the state to promote desegregation of its schools and finds that this enactment affects such a limited class of students that desegregation will not be impeded.
        2. If, however, unforeseen circumstances result in a finding by a court that a school district is unlawfully segregated in whole or in part as a result of these provisions, the provisions in this subsection shall not apply to the children or wards of teachers in that district.
      1. Therefore, the provisions in this subsection shall not apply to the children or wards of those teachers who reside in school districts that may hereafter be found by a court to be unlawfully segregated if the finding is based upon segregation that was caused in whole or in part by the effects of these provisions.
  1. When any employee of the Division of Correction lives on division property or will live on division property as the result of a transfer from a unit of the division to another unit, the children or wards of the employee may complete their education in the school district in which they are enrolled at the time the parent or guardian is transferred.
  2. Any child and that child's sibling or siblings currently attending a nonresident school under subsection (a) of this section shall be allowed to complete all remaining school years at the nonresident district or may attend the resident district if he or she so chooses.
    1. When a parent or guardian who while on active duty in or serving in the reserve component of a branch of the United States Armed Forces or National Guard relocates within the state due to a mobilization, deployment, or available military housing, the children of the parent or guardian may:
      1. Continue attending school in the school district the children were attending before the relocation; or
      2. Attend school in the school district where the children have relocated.
    2. A child enrolled in a school district under this subsection may complete all remaining school years at the enrolled school district, regardless of mobilization, deployment, or military status of the parent or guardian.

History. Acts 1983, No. 822, § 1; A.S.A. 1947, § 80-1568; Acts 1987, No. 624, § 1; 1991, No. 915, § 1; 1993, No. 1105, § 1; 1995, No. 726, § 1; 1997, No. 1304, § 1; 1999, No. 947, § 1; 2001, No. 1207, § 1; 2003, No. 144, § 1; 2007, No. 379, § 1; 2007, No. 617, § 12; 2009, No. 1368, § 1; 2011, No. 981, § 7; 2017, No. 1065, § 1; 2019, No. 910, § 684.

Amendments. The 2009 amendment rewrote (b).

The 2011 amendment substituted “that public school district” for “a public school” in (b)(1)(B); substituted “is a full-time employee of a public school district” for “is at least a full-time employee of a public school in one (1) school district” in the introductory paragraph of (b)(2); and substituted “that public school district” for “the public school” in (b)(2)(B).

The 2017 amendment added (e).

The 2019 amendment, in (c), substituted “Division of Correction” for “Department of Correction”, and “division” for “department” three times.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, School Attendance, 26 U. Ark. Little Rock L. Rev. 392.

Case Notes

Constitutionality.

Subsection (b) permitting children or wards to enroll in either their home school district or the district where their parents or guardians teach rests upon a rational basis and is not unconstitutional under Ark. Const., Art. 2, § 18, concerning equality in privileges and immunities. That which might facilitate a teacher's transportation of his children, or enables them to be nearer to the teacher, or to each other, during school hours, may well be deemed useful in an alleviating problems which might otherwise distract a teacher, or necessitate his withdrawal from active teaching. Love v. Hill, 297 Ark. 96, 759 S.W.2d 550 (1988).

In General.

The making of a choice created by this section does not result in a “transfer” as contemplated by § 6-18-317; the prohibition of § 6-18-317 is against “legal transfers,” dealt with generally in former § 6-18-306, which provides for petitioning to attend school in a nonresident district, requiring the approval of both the sending and the receiving district. The legislature did not use the term “legal transfer” in subsection (b) of this section but referred to “enrolling” in the district where the parent teaches; there is no suggestion in the latter statute that the legislature intended this process to be comparable to “legal transfer;” therefore, these statutes are not irreconcilable. Love v. Hill, 297 Ark. 96, 759 S.W.2d 550 (1988).

Cited: Davis v. Holt, 304 Ark. 619, 804 S.W.2d 362 (1991).

6-18-204. Attendance in another district — Conditions.

  1. The title of this section shall be “An Act Making It Legal for a Student Living in One School District to Attend School in Another School District under Specified Conditions”.
  2. A student may attend school in another district under the following conditions:
    1. A student in grades nine through twelve (9-12) inclusive may attend school in another district for the purpose of enrolling for courses that will constitute not more than fifty percent (50%) of the classes taken by him or her during the school day;
    2. Such classes shall be limited to those that are not offered by the student's home district and are required by the student to meet his or her educational objectives;
    3. In order to qualify for such attendance, the student shall file a projected course of study with his or her principal or school counselor before enrollment in another school, and subsequent enrollment may be entered into only after it is determined that the desired courses cannot be taken in the home district;
    4. The resident district of a student taking advantage of the provisions of this section shall pay tuition to the district that the student attends in an amount not less than a proportion of the home district's state foundation funding per student equal to a ratio that the number of classes taken by a student outside his or her home district bears to the total number of classes taken by the student; and
      1. A student wishing to take advantage of the provisions of this subsection must have the permission of the receiving district in order to enroll in that district.
      2. The amount of tuition shall be agreed upon by both districts before enrollment in the receiving district, except that if an agreement cannot be reached by the opening date of the receiving school, an appeal shall be made to the Assistant Director for Public School Finance and Administrative Support of the Division of Elementary and Secondary Education within thirty (30) days from the opening date of school, and his or her decision shall be final.
      3. Under these conditions, the student may enroll at the beginning date of school in the receiving district.
    1. A student may attend school in another district for the purposes of enrolling for alternative education programs, secondary area vocational centers, or community-based education programs for which the resident district has entered into a compact with another district.
    2. The resident district of a student taking advantage of the provisions of this subsection shall pay tuition to the district or education service cooperative that is the administrative agency for the compact program in the amount agreed upon in the compact or as required by state rule.
  3. Attendance of a student enrolled in another school under the provisions of subsections (b) and (c) of this section shall be counted for state aid purposes by the student's resident district.
  4. Eligibility for participation in interschool activities by any such student shall be in accordance with regulations of the Arkansas Activities Association.
  5. The purpose of this section is not to be construed in any manner other than that of broadening the curriculum and program offerings that may be made available to students whose home districts do not offer subjects needed by such students to realize their educational objectives.

History. Acts 1983, No. 14, §§ 1-6; 1983, No. 149, §§ 1-6; A.S.A. 1947, §§ 80-1562 — 80-1567; Acts 1999, No. 1554, § 3; 2005, No. 2121, § 7; 2019, No. 315, § 244; 2019, No. 910, § 1512.

Amendments. The 2019 amendment by No. 315 substituted “rule” for “regulation” in (c)(2).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(5)(B).

6-18-205. Attendance in another district — Liability.

    1. Persons, and their present or future siblings, who attended during the 1982-1983 or 1983-1984 school year schools outside the boundaries of the school district in which the persons reside may continue attending such schools at the discretion of the receiving schools notwithstanding that the board of directors of the school districts in which such persons reside disapproves the out-of-district attendance.
    2. Such students shall be counted in the receiving district's average daily membership and not in the average daily membership of the district of residence.
    3. Nothing in this section shall be construed as requiring any transfer of local funds to the receiving district.
      1. Any school district which admits for ten (10) school days or more a student the school district knows, or should have known, is a resident of another school district not included in a tuition agreement, or not officially transferred to it, shall be liable to the resident district of the student for an amount of money equal to the amount of state aid the resident district would have received or seven hundred fifty dollars ($750) per year, whichever is greater.
        1. Either school district may petition the Division of Elementary and Secondary Education to satisfy the liability by transferring that amount to the entitled school district from funds which the division would have distributed to the liable school district.
        2. Upon receipt of a petition, the division shall determine the amount of the liability and satisfy it by the transfer.
      2. If a substantial question arises as to residence, the State Board of Education may decline to assess the penalty.
    1. This subsection shall be deemed supplemental to and not a repeal of subsection (a) of this section.

History. Acts 1983 (1st Ex. Sess.), No. 111, § 1; A.S.A. 1947, § 80-1571; Acts 1987, No. 528, §§ 1, 2; 2019, No. 910, § 1513.

Amendments. The 2019 amendment, in (b)(1)(B)(i), substituted “Division of Elementary and Secondary Education” for “Department of Education” and “division” for “department”.

Case Notes

In General.

Where alleged constitutional violations were not currently causing racial segregation among the school districts, the trial court correctly refused to order consolidation or an interdistrict magnet school plan. Edgerson ex rel. Edgerson v. Clinton, 86 F.3d 833 (8th Cir. 1996).

6-18-206. [Repealed.]

Publisher's Notes. This section, concerning public school choice, was repealed by Acts 2013, No. 1227, § 1. The section was derived from Acts 1989, No. 609, §§ 1-13; 1991, No. 214, § 1; 1991, No. 284, §§ 1-3; 1993, No. 655, § 1; 1995, No. 109, § 1; 1997, No. 112, § 10; 1999, No. 391, § 10; 1999, No. 1241, § 1; 2001, No. 1788, § 1; 2003, No. 1272, § 1; 2003 (2nd Ex. Sess.), No. 110, § 1; 2005, No. 2148, § 1; 2007, No. 552, § 1.

Former § 6-18-206, concerning attendance contracts between school districts, was repealed by Acts 1987, No. 762, § 6. The section was derived from Acts 1959, No. 275, §§ 1, 2; A.S.A. 1947, §§ 80-1518.1, 80-1518.2.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, Public School Choice, 26 U. Ark. Little Rock L. Rev. 384.

6-18-207. Minimum age for enrollment in public school.

    1. A student may enter kindergarten in the public schools of this state if he or she will attain the age of five (5) years on or before August 1 of the year in which he or she is seeking initial enrollment.
    2. Any student who has been enrolled in a state-accredited or state-approved kindergarten program in another state or in a kindergarten program equivalent in another country for at least sixty (60) days, who will become five (5) years old during the year in which he or she is enrolled in kindergarten, and who meets the basic residency requirement for school attendance may be enrolled in kindergarten upon written request to the school district.
    3. A student who was enrolled in a state-accredited or state-approved kindergarten program in another state or in a kindergarten program equivalent in another country may be enrolled in kindergarten in this state upon a written request to the school district if the student:
      1. Becomes a resident of this state as a direct result of active military orders or a court-ordered change of custody;
      2. Will become five (5) years of age during the year in which he or she is enrolled in kindergarten; and
      3. Meets the basic residency requirement for school attendance.
    1. Any child may enter the first grade in the public schools of this state if the child will attain the age of six (6) years during the school year in which the child is seeking enrollment and the child has successfully completed a kindergarten program in a public school in this state.
    2. Any child who will be six (6) years of age on or before October 1 of the school year of enrollment and who has not completed a state-accredited kindergarten program shall be enrolled pursuant to § 6-18-201(f).
    3. Any child who has been enrolled in the first grade in a state-accredited or state-approved elementary school in another state or in the first grade equivalent in another country for a period of at least sixty (60) days, who will become six (6) years of age during the school year in which the child is enrolled in grade one (1), and who meets the basic residency requirement for school attendance may be enrolled in the first grade.

History. Acts 1983 (1st Ex. Sess.), No. 60, § 2; 1985, No. 1029, § 1; A.S.A. 1947, § 80-1501.2; Acts 1989, No. 598, § 2; 1997, No. 1230, § 2; 1999, No. 570, § 2; 2001, No. 1535, § 2; 2007, No. 462, § 1; 2009, No. 29, § 1; 2013, No. 424, § 1; 2019, No. 756, § 12.

Amendments. The 2009 amendment added (a)(3).

The 2013 amendment rewrote (a); and inserted “or in the first grade equivalent in another country” in (b)(3).

The 2019 amendment added (a)(3).

Cross References. Maximum age of person admitted to public school, § 6-16-308.

6-18-208. Requirements for enrollment in public school — Exceptions.

  1. Before a child's admission to an Arkansas public school, a school district shall request the parent, legal guardian, person having lawful control, or person standing in loco parentis to furnish the child's Social Security number and shall inform the parent, legal guardian, person having lawful control of the child, or person standing in loco parentis that, in the alternative, the parent, legal guardian, person having lawful control of the child, or person standing in loco parentis may request that the school district assign the child a nine-digit number designated by the Division of Elementary and Secondary Education.
  2. Before a child's admission to an Arkansas public school, the parent, legal guardian, person having lawful control of the child, or person standing in loco parentis shall provide the school district with one (1) of the following documents indicating the child's age:
    1. A birth certificate;
    2. A statement by the local registrar or a county recorder certifying the child's date of birth;
    3. An attested baptismal certificate;
    4. A passport;
    5. An affidavit of the date and place of birth by the child's parent, legal guardian, person having lawful control of the child, or person standing in loco parentis;
    6. Previous school records; or
    7. A United States military identification.
  3. Before a child's admission to an Arkansas public school, the parent, legal guardian, person having lawful control of the child, or person standing in loco parentis shall indicate on school registration forms whether the child has been expelled from school in any other school district or is a party to an expulsion proceeding.
    1. A school or school district shall not:
      1. Use, display, release, or print a student's Social Security number or any part of the Social Security number on any report, identification card, identification badge, or any document that will be made available or released to the public, to a student, or to a student's parent, legal guardian, person having lawful control of the child, or person standing in loco parentis without the express written consent of the student's parent, legal guardian, person having lawful control of the child, or person standing in loco parentis if the student is a minor, or of the student if the student is eighteen (18) years of age or older; or
      2. Make a student's Social Security number available by reading the magnetic strip or other encoded information on the student's identification card.
    2. This section does not apply to educational records that are transferred to or between the division, other public schools or school districts, or other governmental agencies as allowed or required by federal law, state law, or State Board of Education rule.

History. Acts 1959, No. 139, § 1; A.S.A. 1947, § 80-1501.1; Acts 1991, No. 838, § 1; 1993, No. 363, § 1; 1995, No. 574, § 1; 2003, No. 63, § 1; 2005, No. 246, § 1; 2019, No. 756, § 13; 2019, No. 910, §§ 1514, 1515.

Amendments. The 2019 amendment by No. 756 rewrote (a); substituted “parent, legal guardian, person having lawful control of the child, or person standing in loco parentis” for “parent, guardian, or responsible person” in the introductory language of (b), substituted the same language for “parent or guardian” in (b)(5) and for “parent, guardian, or other responsible person” in (c), and made similar changes in (d)(1)(A); deleted “Beginning with the 2005-2006 school year” at the beginning of (d)(1); and made stylistic changes.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” in (d)(2).

6-18-209. Adoption of student attendance policies — Effect of unexcused absences.

  1. The board of directors of each school district in this state shall adopt student attendance policies.
  2. Each school district, as a part of its six-year educational plan, shall develop strategies for promoting maximum student attendance, including, but not limited to, the use of alternative classrooms and in-school suspensions in lieu of suspension from school.
  3. A student attendance policy may include unexcused absences as a mandatory basis for denial of promotion or graduation.

History. Acts 1983 (1st Ex. Sess.), No. 60, § 4; 1985, No. 1069, § 1; A.S.A. 1947, § 80-1504; Acts 2011, No. 1223, § 1; 2013, No. 1322, § 1.

Amendments. The 2011 amendment substituted “excessive absences” for “excessive unexcused absences” in (c).

The 2013 amendment substituted “unexcused” for “excessive” in the section heading and in (c).

6-18-210. [Repealed.]

Publisher's Notes. This section, concerning definitions, was repealed by Acts 2017, No. 867, § 1. The section was derived from Acts 2003, No. 675, § 1.

6-18-211. [Repealed.]

Publisher's Notes. This section, concerning mandatory attendance for students in grades nine through twelve, was repealed by Acts 2017, No. 867, § 1. The section was derived from Acts 2003, No. 675, § 2; 2007, No. 985, § 1.

Former § 6-18-211, concerning reporting truancy or incorrigibility to the court, was repealed by Acts 1991, No. 468, § 1. The section was derived from Acts 1931, No. 169, § 160; Pope's Dig., §§ 3586, 11602; A.S.A. 1947, § 80-1512.

6-18-212. [Repealed.]

Publisher's Notes. This section, concerning grand jury investigations, was repealed by Acts 1993, No. 475, § 16. The section was derived from Acts 1931, No. 169, § 163; Pope's Dig., §§ 3589, 11605; A.S.A. 1947, § 80-1515.

6-18-213. Attendance records and reports generally.

    1. A record of pupil attendance shall be kept by each school district of the state in a format prescribed by the Division of Elementary and Secondary Education.
    2. This basic record, showing the daily attendance and absence of each student for the school year, shall be kept by a teacher or other officially designated person who notes the attendance or absence of each student on a daily basis.
    3. The attendance for resident and nonresident students shall be kept separately.
    4. The basic attendance records of each district shall be kept on file in electronic form by the district for a period of three (3) years and shall be audited as required by the State Board of Education.
    1. The official reporting period for attendance shall be quarterly with the actual number of days counted in each period to be no less than forty (40) nor more than fifty (50).
    2. A waiver of this subsection may be granted by the division upon petition by a school district.
  1. This attendance record in each of the school districts of the state as reflected by the combined reports for the first three (3) quarters of the school year shall be the official data used in computing certain types of state aid for the following year.
    1. Any district that fails to file by April 15 of any given year reports for the first three (3) quarters of that year, as required by subsection (c) of this section, shall have the remainder of its state foundation funding withheld and placed in escrow, to be released when the reports are received.
    2. A waiver of this subsection may be granted by the division upon petition by a school district.
  2. The division may analyze and inspect the attendance records of any school, school district, or open-enrollment public charter school to verify that a school, school district, or open-enrollment public charter school is correctly and accurately reporting attendance.
    1. Except for those circumstances otherwise allowed by rule, any student who is absent from daily attendance for more than ten (10) consecutive school days shall be dismissed or dropped from the attendance records of the school, school district, or open-enrollment public charter school.
    2. Any student who fails to attend school by the tenth regular school day of the semester shall be retroactively dropped from the attendance records from the first day of the school semester.
  3. The state board shall promulgate rules and procedures as may be required to implement the intent of this section.

History. Acts 1973, No. 487, §§ 1-6, 8; A.S.A. 1947, §§ 80-1551 — 80-1557; Acts 1989, No. 466, § 1; 1997, No. 733, § 1; 1999, No. 391, § 11; 1999, No. 1078, § 71; 2001, No. 1220, § 3; 2003, No. 553, § 1; 2005, No. 2121, § 8; 2017, No. 867, § 2; 2019, No. 315, § 245; 2019, No. 910, § 1516.

Amendments. The 2017 amendment substituted “notes the attendance or” for “visually notes the physical presence or” in (a)(2).

The 2019 amendment by No. 315 deleted “regulations” following “rules” in (g).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

6-18-214. Records of students leaving school without graduating.

  1. In addition to the records required by § 6-18-213, a record of students who have left school without having completed requirements for high school graduation shall be kept by each school district of the state on forms provided by the Division of Elementary and Secondary Education or on forms approved by the Commissioner of Elementary and Secondary Education as being suitable for the purpose of showing data on students who leave school without having completed the requirements for high school graduation.
    1. Such records shall identify the student by name and last known address.
    2. The records shall show, as to each student in grades seven through twelve (7-12) inclusive who had been reported in attendance by the school district for the previous attendance reporting period but who is no longer reported as attending school in that school district, the following information:
      1. School site;
      2. Date of birth;
      3. Gender;
      4. Racial or ethnic identification;
      5. Educational handicapping condition, if any; and
      6. Reason for leaving.
    3. Reporting forms shall include but not be limited to the following reasons for leaving school:
      1. Enrollment in another accredited public, private, or parochial school program leading to a high school diploma;
      2. Failing grades;
      3. Lack of interest;
      4. Conflict with school;
      5. Suspension or expulsion;
      6. Economic hardship;
      7. Pregnancy or marriage;
      8. Peer conflict;
      9. Incarceration;
      10. Alternative plans other than those listed; or
      11. None of the reasons listed herein is known to apply.
  2. To the extent possible, the school district shall determine the reasons for a student's leaving school from the student or from the student's parent, guardian, or other responsible person and shall inform the student that any information obtained will be shared with the division and other governmental agencies.
      1. Each school district in the state shall file a report on students leaving school without having completed the requirements for high school graduation as a part of its official attendance report filed with the division for each quarterly period.
      2. The school shall keep the data on file as part of the basic attendance records in the district for a period of three (3) years.
    1. Each school district may provide the regional selective service agency with information on students leaving school without having graduated, including each student's name, date of birth, and last known address.
  3. The State Board of Education shall develop such forms and shall promulgate such rules and procedures as may be required to implement the intent of this section.
  4. To provide for more accurate, comparable, and timely dropout and school-leaver statistics and to facilitate inclusion in the national education data system, the forms, rules, and procedures shall be developed and implemented in such a way as to allow for conformity with existing or revised collection processes for the data by the National Center for Education Statistics.

History. Acts 1983 (1st Ex. Sess.), No. 58, §§ 1, 2; 1983 (1st Ex. Sess.), No. 93, §§ 1, 2; A.S.A. 1947, §§ 80-1569, 80-1570; Acts 1987, No. 770, §§ 1, 2; 1997, No. 230, § 1; 2019, No. 315, § 246.

Amendments. The 2019 amendment deleted “regulations” following “rules” in (e) and (f).

6-18-215. School enrollment census — Determining student dropout rates.

      1. On or before October 1 of each school year, a public school shall conduct a census of all students enrolled at the school to arrive at a school enrollment census total for each grade.
      2. The number of students transferring into the school October 1 through September 30 of the following school year shall be added to the October 1 school enrollment census total for each grade.
      3. The number of students transferring out of the school October 1 through September 30 of the following school year shall be subtracted from the October 1 school enrollment census total for each grade.
    1. The number of students transferring out of a school shall be based on the number of official transcripts requested by other schools.
    2. Each school shall maintain separate records regarding students who leave the public school system to be home-schooled under § 6-15-503.
  1. The school enrollment census total as calculated and adjusted under subsection (a) of this section shall be used to determine the dropout rate for each school as follows:
    1. For grades two through twelve (2-12), the school enrollment census total for the current school year is compared to the school enrollment census total for each of the previous grades of the previous school year; and
    2. For grade one (1), the school enrollment census total for the current school year is compared to the school enrollment census total for the kindergarten class of the previous year.
  2. The graduation rates, as defined by the Division of Elementary and Secondary Education, shall be tracked for students in grades nine through twelve (9-12).
  3. The division shall use this section for in-state reporting purposes related to school dropout rates.
  4. The State Board of Education shall promulgate rules to require school districts to report graduation and dropout data each year in accordance with this section.

History. Acts 2003 (2nd Ex. Sess.), No. 104, § 1; 2005, No. 2151, § 18; 2019, No. 910, § 1517.

Publisher's Notes. Former section 6-18-215, concerning the administrator's report of parental noncompliance and notification of parent or guardian, was repealed by Acts 1993, No. 475, § 17. The section was derived from Acts 1931, No. 169, § 155; Pope's Dig., §§ 3581, 11597; A.S.A. 1947, § 80-1507.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c); and substituted “division” for “department” in (d).

6-18-216. [Repealed.]

Publisher's Notes. This section, concerning the penalty for violating attendance provisions, was repealed by Acts 1993, No. 475, § 18. The section was derived from Acts 1931, No. 169, § 156; Pope's Dig., §§ 3582, 11598; A.S.A. 1947, § 80-1508; Acts 1989, No. 473, § 3.

6-18-217. Records to be kept by teachers.

  1. It shall be the duty of each teacher in the public schools of Arkansas to keep an accurate record of attendance and nonattendance of all children enrolled in his or her class or classes.
  2. Any teacher failing to keep such record may have his or her license revoked for such failure.

History. Acts 1931, No. 169, § 157; Pope's Dig., §§ 3583, 11599; A.S.A. 1947, § 80-1509; Acts 2001, No. 1553, § 15.

Cross References. Revocation of license for falsifying attendance records, § 6-17-407.

Teachers' records and reports, § 6-17-104.

6-18-218. [Repealed.]

A.C.R.C. Notes. The repeal of this section by Acts 1993, No. 475, § 19, superseded the amendment of this section by Acts 1993, No. 294, § 12. The amendment by Acts 1993, No. 294, § 12, updated a reference and made other stylistic changes to the section.

Publisher's Notes. This section, concerning monthly reports of parental noncompliance and notification of the prosecuting attorney, was repealed by Acts 1993, No. 475, § 19. The section was derived from Acts 1931, No. 169, § 158; Pope's Dig., §§ 3584, 11600; A.S.A. 1947, § 80-1510.

6-18-219. False attendance reports.

Any teacher, principal, superintendent, or any other person whose duty it is to make reports as to the schools of the county who shall make a false report to the State Board of Education as to the number of children enumerated, the number enrolled in school, or the number in average daily attendance in the schools shall be:

  1. Guilty of a violation punishable by a fine not to exceed one hundred dollars ($100), payable into the general school fund of the county; and
  2. Liable personally for any loss of revenue that the district or state sustains as a result of the false report.

History. Acts 1931, No. 169, § 176; Pope's Dig., §§ 3591, 11618; A.S.A. 1947, § 80-1901; Acts 1993, No. 294, § 12; 1999, No. 1078, § 72; 2005, No. 1994, § 65.

6-18-220. Additional absences granted for participation in FFA, FHA, and 4-H programs — Equal treatment.

  1. The General Assembly finds and declares that:
    1. The National FFA Organization, Family, Career and Community Leaders of America, Inc., and 4-H programs in the state involve an education and learning process that is not otherwise available in the regular curriculum of secondary education in Arkansas;
    2. The principles and practices learned by school students in the National FFA Organization, Family, Career and Community Leaders of America, Inc., and 4-H programs are highly beneficial to students;
    3. Participation in such programs should be encouraged; and
    4. A method of encouraging participation in such programs is to grant additional excused absences to students who participate in officially sanctioned activities of those organizations.
  2. Therefore, it is the purpose and intent of this section to assure that class absences of students who are participating in sanctioned National FFA Organization, Family, Career and Community Leaders of America, Inc., and 4-H activities are excused to such extent as may be determined by the boards of directors of the respective districts, with the participants in the three (3) programs being treated equally with respect to such absences.
  3. Any school district that grants additional excused absences of National FFA Organization member students who attend officially sanctioned National FFA Organization activities shall afford equal treatment to Family, Career and Community Leaders of America, Inc. and 4-H member students who attend the same or similar officially sanctioned activities.

History. Acts 1981, No. 245, §§ 1, 2; 1981, No. 382, §§ 1, 2; 1981, No. 689, §§ 1, 2; A.S.A. 1947, §§ 80-1558 — 80-1561; Acts 2011, No. 1223, §§ 2, 3; 2013, No. 1322, §§ 2, 3.

Amendments. The 2011 amendment substituted “grant additional absences to students who participate” for “excuse the absences of students from regular classes when the students are participating” in (a)(4); and substituted “grants additional” for “excuses” in (c).

The 2013 amendment inserted “excused” preceding “absences” in (a)(4) and (c).

6-18-221. Cooperation of law enforcement agencies.

  1. Any public school district may enter into a cooperative agreement with local law enforcement officials to implement within the district an “Operation Stay in School Program”.
  2. Upon the request of the board of directors of the school district, the law enforcement agency shall stipulate, with the administration of the school district, specific days and hours when law enforcement officers will attempt to locate school-age students in the community who are off school premises during school hours without valid documentation excusing their absence.
  3. Any certified law enforcement officer may stop and detain any unsupervised school-age student located off school premises during school hours and request the production of documentation excusing the student's absence from school.
  4. Upon the student's failure to produce sufficient documentation, the law enforcement officer may take the student into custody and return the student to his or her school, transport the student to his or her parent, or transport the student to the truancy reception center, which shall not be a jail, juvenile detention center, or police department, and which has been designated by the school district.
    1. Any school district adopting this program shall include in its attendance policy a notice to parents and students that it has entered into a cooperative agreement with law enforcement officials to implement an Operation Stay in School Program, and unsupervised students found off school premises during school hours shall be subject to questioning by a law enforcement officer under the program.
    2. Any school district adopting this program shall include provisions for furnishing valid documentation for a student in work-study programs or other authorized absences from school premises in order to assist law enforcement officers in determining the validity of documentation excusing the student's absence from school during school hours.

History. Acts 1989, No. 867, § 1; 1995, No. 1296, § 22.

Case Notes

Cited: Walker v. State, 308 Ark. 498, 825 S.W.2d 822 (1992).

6-18-222. Penalty for unexcused absences — Revocation of driving privilege — Definition.

        1. The board of directors of each school district in this state shall adopt a student attendance policy, as provided for in § 6-18-209, which shall include a certain number of unexcused absences that may be used as a basis for denial of course credit, promotion, or graduation.
        2. However, unexcused absences shall not be a basis for expulsion or dismissal of a student.
      1. The legislative intent is that a student having unexcused absences because of illness, accident, or other unavoidable reasons should be given assistance in obtaining credit for the courses.
      1. The Career Education and Workforce Development Board shall adopt a student attendance policy for sixteen-year-olds and seventeen-year-olds enrolled in an adult education program.
      2. The policy shall require a minimum attendance of ten (10) hours per week to remain in the program.
    1. A copy of the school district's student attendance policy or the Career Education and Workforce Development Board's student attendance policy for sixteen-year-olds and seventeen-year-olds enrolled in adult education shall be provided to the parent, guardian, or person in loco parentis of each student enrolled in an adult education program at the beginning of the school year or upon enrollment, whichever event first occurs.
        1. A student's parent, guardian, or person in loco parentis and the community truancy board, if the community truancy board has been created, shall be notified when the student has accumulated unexcused absences equal to one-half (½) the total number of absences permitted per semester under the school district's or the Career Education and Workforce Development Board's student attendance policy.
        2. Notice shall be by telephonic contact with the student's parent, guardian, or person in loco parentis by the end of the school day in which the absence occurred or by regular mail with a return address on the envelope sent no later than the following school day.
        3. Notice to the community truancy board, if the community truancy board has been created, shall be by letter to the chair of the community truancy board.
      1. If a community truancy board has been created, the community truancy board shall schedule a conference with the parent, guardian, or person in loco parentis to establish a plan to take steps to eliminate or reduce the student's absences.
        1. If the community truancy board has scheduled a conference and the student's parent, guardian, or person in loco parentis does not attend the conference, the conference may be conducted with the student and a school official.
        2. However, the parent, guardian, or person in loco parentis shall be notified of the steps to be taken to eliminate or reduce the student's absences.
        1. Before a student accumulates the maximum number of unexcused absences allowed in a school district's student attendance policy, the student or the student's parent, guardian, or person in loco parentis may petition the school administration or school district administration for special arrangements to address the student's unexcused absences.
        2. If special arrangements are granted by the school administration or the school district administration, the arrangements will be formalized into a written agreement to include the conditions of the agreement and the consequences for failing to fulfill the requirements of the agreement.
        3. The agreement shall be signed by the:
          1. Designee of the school administration or of the school district administration;
          2. Student's parent, guardian, or person in loco parentis; and
          3. Student.
      1. When a student exceeds the number of unexcused absences provided for in the district's or the Career Education and Workforce Development Board's student attendance policy, or when a student has violated the conditions of an agreement granting special arrangements under subdivision (a)(4)(D) of this section, the school district or the adult education program shall notify the prosecuting authority and the community truancy board, if a community truancy board has been created, and the student's parent, guardian, or person in loco parentis shall be subject to a civil penalty through a family in need of services action in circuit court, as authorized under subdivision (a)(6)(A) of this section, but not to exceed five hundred dollars ($500) plus costs of court and any reasonable fees assessed by the court.
      2. The penalty shall be forwarded by the court to the school or the adult education program attended by the student.
        1. Upon notification by the school district or the adult education program to the prosecuting authority, the prosecuting authority shall file in circuit court a family in need of services petition pursuant to § 9-27-310 or enter into a diversion agreement with the student pursuant to § 9-27-323.
        2. For any action filed in circuit court to impose the civil penalty set forth in subdivision (a)(5) of this section, the prosecuting authority shall be exempt from all filing fees and shall take whatever action is necessary to collect the penalty provided for in subdivision (a)(5) of this section.
      1. Municipal attorneys may practice in circuit court for the limited purpose of filing petitions or entering into diversion agreements as authorized by this subdivision (a)(6)(B) if agreed upon by all of the parties pursuant to subdivision (a)(6)(A) of this section.
      1. The purpose of the penalty set forth in this subsection is to impress upon the parents, guardians, or persons in loco parentis the importance of school or adult education attendance, and the penalty is not to be used primarily as a source of revenue.
        1. When assessing penalties, the court shall be aware of any available programs designed to improve the parent-child relationship or parenting skills.
        2. When practicable and appropriate, the court may utilize mandatory attendance at the programs as well as community service requirements in lieu of monetary penalties.
    2. As used in this section, “prosecuting authority” means:
      1. The elected district prosecuting attorney or his or her appointed deputy for schools located in unincorporated areas of the county or within cities not having a district court; and
      2. The prosecuting attorney of the city for schools located within the city limits of cities having a district court in which a city prosecutor represents the city for violations of city ordinances or traffic violations.
    3. In any instance in which it is found that the school district, the adult education program, or the prosecuting authority is not complying with the provisions of this section, the State Board of Education may petition the circuit court to issue a writ of mandamus.
      1. Each public, private, or parochial school shall notify the Department of Finance and Administration whenever a student fourteen (14) years of age or older is no longer in school.
      2. Each adult education program shall notify the department whenever a student sixteen (16) or seventeen (17) years of age has left the adult education program without receiving a high school equivalency certificate.
      1. Upon receipt of notification, the department shall notify the licensee by certified mail, return receipt requested, that his or her motor vehicle operator's license will be suspended unless a hearing is requested in writing within thirty (30) days from the date of notice.
      2. The licensee shall be entitled to retain or regain his or her license by providing the department with adequate evidence that:
        1. The licensee is eighteen (18) years of age;
        2. The licensee is attending school or an adult education program; or
        3. The licensee has obtained a high school diploma or its equivalent.
        1. In cases in which demonstrable financial hardship would result from the suspension of the learner's permit or driver's license, the department may grant exceptions only to the extent necessary to ameliorate the hardship.
        2. If it can be demonstrated that the conditions for granting a hardship were fraudulent, the parent, guardian, or person in loco parentis shall be subject to all applicable perjury statutes.
    1. The department shall have the power to promulgate rules to carry out the intent of this section and shall distribute to each public, private, and parochial school and each adult education program a copy of all rules adopted under this section.

History. Acts 1989, No. 473, §§ 1, 2; 1989 (3rd Ex. Sess.), No. 70, §§ 1-5; 1991, No. 876, § 1; 1992 (1st Ex. Sess.), No. 42, § 1; 1994 (2nd Ex. Sess.), No. 30, § 2; 1994 (2nd Ex. Sess.), No. 31, § 2; 1995, No. 572, § 1; 1995, No. 837, § 3; 1995, No. 1296, § 23; 1997, No. 1308, § 1; 1999, No. 1323, § 20; 1999, No. 1579, § 2[3]; 2003, No. 1166, § 38; 2011, No. 1223, § 4; 2013, No. 1322, §§ 4, 7-10; 2019, No. 315, § 247; 2019, No. 692, § 7.

Amendments. The 2011 amendment substituted “State Board of Career Education” for “State Board of Workforce Education and Career Opportunities” in (a)(2); substituted “State Board of Career Education's” for “board's” in (a)(3), (a)(4)(A)(i), and (a)(5)(A); inserted “if the community truancy board has been created” with minor variations in (a)(4)(A)(i), (a)(4)(A)(iii), (a)(4)(B), and (a)(5)(A); in (a)(4)(C), inserted “the community truancy board has scheduled a conference and” and substituted “student's absences” for “child's absence”; inserted (a)(4)(D); and, in (a)(5)(A), substituted “excessive absences” for “excessive unexcused absences” and inserted “or when a student has violated the conditions of an agreement granting special arrangements under subdivision (a)(4)(D) of this section.”

The 2013 amendment substituted “unexcused” for “excessive” in the section heading and throughout the section; and inserted “unexcused” preceding “absences” in (a)(4)(D)(i).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” twice in (b)(3).

The 2019 amendment by No. 692 deleted “police or” preceding “district court” in (a)(8)(A); and deleted “either a police court or” preceding “a district court” in (a)(8)(B).

Research References

U. Ark. Little Rock L.J.

Survey, Family Law, 12 U. Ark. Little Rock L.J. 631.

6-18-223. Credit for college courses.

    1. A public school student who is enrolled in a public school in Arkansas and who has successfully completed the eighth grade shall be eligible to enroll in a publicly supported community college or four-year college or university in accordance with rules adopted by each institution in consultation with the Arkansas Higher Education Coordinating Board.
    2. A student who enrolls in and successfully completes a course or courses offered by an institution of higher education shall be entitled to receive appropriate academic credit in both the institution of higher education and the public school in which such student is enrolled, which credit shall be applicable to graduation requirements.
  1. The State Board of Education is authorized to adopt rules as may be necessary for implementation of this requirement.

History. Acts 1989 (3rd Ex. Sess.), No. 60, § 1; 1991, No. 1097, § 1; 2019, No. 315, §§ 248, 249.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (a)(1) and (b).

6-18-224. Early graduation.

Any student who is enrolled in a public high school in Arkansas and has earned the number of credits required by the local school district for graduation shall be eligible to graduate from the high school without regard to the grade level the student is enrolled in at the time such credits are earned.

History. Acts 1997, No. 275, § 1.

6-18-225. Definition.

As used in this section and § 6-18-226, “community truancy board” means a board composed of members of the local community in which the child attends school.

History. Acts 1999, No. 1579, § 1.

6-18-226. Community truancy boards — Members — Duties.

  1. The local school district boards of directors may create a community truancy board or may use other boards that exist or are created such as diversion boards. However, a diversion or other existing board must agree before it is used as a community truancy board.
  2. Members of the community truancy board shall be selected from representatives of the community.
  3. Duties of a community truancy board shall include, but not be limited to, recommending methods for improving school attendance such as assisting the parent or the child to obtain supplementary services that might eliminate or ameliorate the causes for the absences or suggesting to the school district that the child enroll in another school, an alternative education program, an education center, a skill center, a dropout prevention program, or another public or private educational program.

History. Acts 1999, No. 1579, § 2.

6-18-227. Arkansas Opportunity Public School Choice Act.

    1. This section may be referred to and cited as the “Arkansas Opportunity Public School Choice Act”.
      1. The purpose of this section is to provide enhanced opportunity for students in this state to gain the knowledge and skills necessary for postsecondary education, a technical education, or the world of work.
      2. The General Assembly:
        1. Recognizes that the Arkansas Constitution, as interpreted by the Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002), makes education a paramount duty of the state;
        2. Finds that the Arkansas Constitution requires the state to provide an adequate education;
        3. Further finds that a student should not be compelled against the wishes of the parent, guardian, or the student, if the student is over eighteen (18) years of age, to remain in a public school district classified by the State Board of Education as a school district in need of Level 5 — Intensive support under § 6-15-2913 or § 6-15-2915 or a public school that has a rating of “F” under §§ 6-15-2105 and 6-15-2106 and state board rules; and
        4. Shall make available a public school choice option in order to give a student the opportunity to attend a public school or school district not in need of Level 5 — Intensive support under § 6-15-2913 or § 6-15-2915 or that does not have a rating of “F” under §§ 6-15-2105 and 6-15-2106 and state board rules.
    2. The General Assembly further finds that giving more options to parents and students with respect to where the students attend public school will increase the responsiveness and effectiveness of the state's schools, since teachers, administrators, and school district board members will have added incentives to satisfy the educational needs of the students who reside in the district.
    3. A public school choice program is hereby established to enable a student to transfer, subject to the restrictions in this section, from a:
      1. Public school district that is classified by the state board as a public school district in need of Level 5 — Intensive support under § 6-15-2913 or § 6-15-2915 to another public school district in the state that is not classified as in need of Level 5 — Intensive support under § 6-15-2913 or § 6-15-2915; or
      2. Public school that has a rating of “F” under §§ 6-15-2105 and 6-15-2106 and state board rules to a public school that does not have a rating of “F” under §§ 6-15-2105 and 6-15-2106 and state board rules.
    1. Upon the request of a parent, guardian, or student, if the student is over eighteen (18) years of age, a student may transfer from his or her resident district or public school to another school district or public school under this section if, at the time of the request under this subdivision (b)(1):
      1. Either:
        1. The resident public school district has been classified by the state board as a public school district in need of Level 5 — Intensive support under § 6-15-2913 or § 6-15-2915; or
        2. The resident public school has a rating of “F” under §§ 6-15-2105 and 6-15-2106 and state board rules; and
        1. Except as provided in subdivision (b)(1)(B)(ii) of this section, the parent, guardian, or student, if the student is over eighteen (18) years of age, has notified the Division of Elementary and Secondary Education and both the sending and receiving school districts of the request for a transfer no later than May 1 of the year before the student intends to transfer.
          1. If a student has a parent or guardian who is an active-duty member of the military and who has been transferred to and resides on a military base, then the student's parent or guardian may submit a request for transfer under this section at any time during the calendar year.
          2. An application for transfer under subdivision (b)(1)(B)(ii)(a) of this section shall:
            1. Be filed with the nonresident school district within fifteen (15) days of the parent's or guardian's arrival on the military base;
            2. Include the parent's or guardian's military transfer orders; and
            3. Include the parent's or guardian's proof of residency on the military base.
        1. For the purposes of continuity of educational choice, a transfer under this section shall operate as an irrevocable election for each subsequent entire school year and shall remain in force until the student completes high school or the parent, guardian, or student, if the student is over eighteen (18) years of age, timely makes application under a provision of law governing attendance in or transfer to another public school or school district other than the student's assigned school or resident district.
          1. Except as provided in subdivision (b)(2)(A)(ii)(b) of this section, a transfer under this section is effective at the beginning of the next academic year.
          2. A transfer under this section for a student who has a parent or guardian who is an active-duty member of the military and who resides on a military base is effective upon the approval of the accepting school board at its next meeting.
      1. Application for the opportunity public school choice option under this section shall:
        1. Be provided by the division; and
        2. Contain a notice that a transfer under this section:
          1. Operates as an irrevocable choice for at least one (1) entire school year; and
          2. Remains in effect until the student completes high school, except as otherwise provided by law.
      1. For each student enrolled in or assigned to a public school district that is classified by the state board as a public school district in need of Level 5 — Intensive support under § 6-15-2913 or § 6-15-2915 or a public school that has a rating of “F” under §§ 6-15-2105 and 6-15-2106 and state board rules, a school district shall:
        1. Timely notify the parent, guardian, or student, if the student is over eighteen (18) years of age, as soon as practicable after the designation is made, of all options available under this section; and
          1. Offer the parent, guardian, or student, if the student is over eighteen (18) years of age, an opportunity to submit an application to enroll the student in the upcoming school year in any public school district that is not classified by the state board as a public school district in need of Level 5 — Intensive support under §§ 6-15-2913 and 6-15-2915 or a public school that does not have a rating of “F” under §§ 6-15-2105 or 6-15-2106 and state board rules.
          2. The opportunity to continue attending the public school or school district that the student transfers to under this section remains in effect until the student graduates from high school.
        1. The parent or guardian of a student enrolled in or assigned to a public school district that is classified by the state board as a public school district in need of Level 5 — Intensive support under § 6-15-2913 or § 6-15-2915 or a public school that does not have a rating of “F” under §§ 6-15-2105 and 6-15-2106 and state board rules may choose as an alternative to enroll the student in a legally allowable public school district that is not classified as a public school district in need of Level 5 — Intensive support under § 6-15-2913 or § 6-15-2915 or a public school that does not have a rating of “F” under §§ 6-15-2105 and 6-15-2106 and state board rules and that is nearest to the student's legal residence.
        2. The school district under subdivision (b)(3)(B)(i) of this section shall accept the student and report the student for purposes of funding under applicable state law.
        1. Students with disabilities who are eligible to receive services from the school district under federal or state law, including students receiving additional funding through federal title programs specific to the Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, and who participate in the public school choice program, remain eligible to receive services from the school district as provided by federal or state law.
        2. Any funding for a student under subdivision (b)(3)(C)(i) of this section shall be transferred to the public school or school district to which the student transfers.
      1. The receiving public school or school district under this section may transport students to and from the transferring public school or school district, and the cost of transporting students shall be the responsibility of the transferring public school district except as provided under subdivisions (c)(1)(B) and (c)(2) of this section.
      2. A transferring public school or school district is not required to spend more than four hundred dollars ($400) per student per school year for transportation required under subdivision (c)(1)(A) of this section.
    1. Upon the transferring public school district's removal from classification as a public school district in need of Level 5 — Intensive support under § 6-15-2913 or § 6-15-2915 or the transferring public school's receipt of a rating other than “F” under §§ 6-15-2105 and 6-15-2106 and state board rules, the transportation costs shall no longer be the responsibility of the transferring public school or school district, and the student's transportation and the costs of the transportation shall be the responsibility of the parent or guardian or of the receiving public school district if the receiving public school or school district agrees to bear the transportation costs.
      1. A school district board of directors shall offer the opportunity public school choice option to public schools in the school district of the school district board of directors.
      2. The opportunity public school choice option shall be offered in addition to other existing choice programs.
        1. A school district shall not deny a student the ability to attend a school in the student's school district of choice under this section unless there is a lack of capacity at the school in the student's school district of choice.
        2. A lack of capacity may be claimed by a school district only if the school district has reached the maximum student-to-teacher ratio allowed under federal law, state law, the rules for standards of accreditation, state rules, or other applicable federal regulations.
      1. The race or ethnicity of a student shall not be used to deny a student the ability to attend a school in the student's school district of choice under this section.
    1. A student or the student's parent or guardian may appeal a school district's decision to deny admission to a school in the student's school district of choice due to lack of capacity to the state board after the student or the student's parent or guardian receives a written notice from the school district of choice that admission has been denied.
    2. The division shall promulgate rules governing the use of school capacity as a basis for denying admission under this section.
    1. This section and all student choice options created in this section shall not be subject to any other limitation or restriction provided by law.
    2. If any part of this section conflicts with a federal desegregation court order applicable to a school district, the federal desegregation court order shall govern.
    1. The division shall develop an annual report on student participation in public school choice and opportunity school choice and deliver the report to the state board, the Governor, the House Committee on Education, the Senate Committee on Education, and the Legislative Council at least sixty (60) days before the convening of the regular session of the General Assembly.
    2. The annual report required under subdivision (f)(1) of this section shall include without limitation:
      1. The number of public school students participating in:
        1. Public school choice under the Public School Choice Act of 2015, § 6-18-1901 et seq.; and
        2. Opportunity public school choice under this section, disaggregated by whether the transfer under this section was from within a public school district or outside a public school district; and
      2. Aggregate data of the race and gender of students participating in public school choice and opportunity school choice.
    3. Each public school district shall report to the division annually the information necessary to complete the report required under subdivision (f)(1) of this section.
    1. A receiving district shall accept credits toward graduation that were awarded by another district.
    2. The receiving district shall award a diploma to a nonresident student if the student meets the receiving district's graduation requirements.
  1. For purposes of determining a school district's state funding, the nonresident student shall be counted as a part of the average daily membership of the district to which the student has transferred.
    1. Unless excused by the receiving school district for illness or other good cause:
      1. Any student participating in the opportunity public school choice option shall:
        1. Remain in attendance throughout the school year; and
        2. Comply fully with the school's code of conduct; and
      2. The parent or guardian of each student participating in the opportunity public school choice option shall comply fully with the receiving public school's parental involvement requirements.
    2. A participant who fails to comply with this section shall forfeit the opportunity public school choice option.
    1. The maximum opportunity public school choice funds granted for an eligible student shall be calculated based on applicable state law.
    2. A public school that provides services to students with disabilities shall receive funding as determined by applicable federal and state law.
  2. The state board shall adopt any rules necessary for the implementation of this section under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
  3. A district under the public school choice program under this section shall request public service announcements to be made over the broadcast media and in the print media at such times and in such a manner as to inform parents or guardians of students in adjoining districts of the availability of the program under this section, the application deadline, and the requirements and procedure for nonresident students to participate in the program under this section.

History. Acts 2003 (2nd Ex. Sess.), No. 35, § 7; 2005, No. 2121, § 22; 2011, No. 1124, §§ 1, 2; 2011, No. 1147, § 1; 2013, No. 600, §§ 7-12; 2013, No. 1138, § 45; 2013, No. 1227, § 4; 2013, No. 1429, § 11; 2019, No. 171, §§ 1, 2; 2019, No. 315, § 250; 2019, No. 754, § 1; 2019, No. 910, §§ 1518-1522.

A.C.R.C. Notes. Pursuant to § 1-2-207, subdivision (e)(1) is set out above as amended by Acts 2011, No. 1147, § 1. Subdivision (e)(1) was also amended by Acts 2011, No. 1124, § 1, to read as follows: “(e)(1) The provisions of this section and all student choice options created in this section are subject only to the limitations of § 6-18-206(d)-(e), (g), and (i).”

Former § 6-18-206, referred to in this section, was repealed by Acts 2013, No. 1227, which also created the Public School Choice Act of 2013, § 6-18-1901 et seq.

Amendments. The 2011 amendment by No. 1124, in present (e)(1), inserted “only” and substituted “§ 6-18-206(d)-(e), (g), and (i)” for “6-18-206(d)-(f)”; added (e)(2); and deleted former (k)(2) and redesignated the remaining subdivision accordingly.

The 2011 amendment by No. 1147 rewrote (c)(1); substituted “responsibility of the transferring district” for “responsibility of the state” in (c)(2); rewrote (d)(2); inserted (d)(3) and (d)(4); added (e)(2) and redesignated the existing language of (e) as (e)(1); and substituted “shall comply with § 6-18-206(d), (e), and (i) and shall not be subject to any other limitation or restriction provided by law” for “are subject to the limitations of § 6-18-206(d)-(f)” in (e)(1).

The 2013 amendment by No. 600 rewrote (a), (b) and (c)(2); and substituted “funding” for “equalization aid” in (i).

The 2013 amendment by No. 1138, in (j)(4), substituted “interim House Committee” for “Joint Interim Committee” and added “and the interim Senate Committee on Education” at the end.

The 2013 amendment by No. 1227 substituted “provided for by § 6-18-202, § 6-18-316, or by June 1 under the Public School Choice Act of 2013, § 6-18-1901 et seq.” for “provided for by §§ 6-18-202, 6-18-206, and 6-18-316” in (b)(2)(A)(i).

The 2013 amendment by No. 1429 rewrote (a)-(c).

The 2019 amendment by No. 171 added the (b)(1)(B)(i) designation; added “Except as provided in subdivision (b)(1)(B)(ii) of this section” in (b)(1)(B)(i); added (b)(1)(B)(ii); added the (b)(2)(A)(ii) (a) designation; added “Except as provided in subdivision (b)(2)(A)(ii) (b) of this section” in (b)(2)(A)(ii) (a) ; and added (b)(2)(A)(ii) (b)

The 2019 amendment by No. 315, in (d)(2)(A)(ii), inserted “state rules” and substituted “federal regulations” for “regulations”.

The 2019 amendment by No. 754 deleted “of 2004” following “Act” in the section heading and (a)(1); and rewrote the section.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(1)(B) [now (b)(1)(B)(i)]; and substituted “division” for “department” throughout the section.

U.S. Code. The Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, referred to in this section, was reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95, and is codified as 20 U.S.C. § 6301 et seq.

Research References

U. Ark. Little Rock L. Rev.

Nikki L. Cox, Note: School Integration Reform — A Call for Desegregation Policies That Are More Than Skin Deep, 36 U. Ark. Little Rock L. Rev. 123 (2013).

6-18-228. Attending classes and programs not offered by an assigned school.

Any student who is enrolled in a public school in a school district that is administratively consolidated by the Public Education Reorganization Act, § 6-13-1601 et seq., § 6-13-1405(a)(5) [repealed], and § 6-20-602 [repealed] may be eligible, at the discretion of the local school district board of directors, to attend any class or academic program or participate in any extracurricular activity or program offered by another school in the administratively consolidated district if the public school to which the student is assigned to attend does not offer the same or similar class, academic program, or extracurricular activity or program.

History. Acts 2003 (2nd Ex. Sess.), No. 91, § 1.

6-18-229. Service as page for General Assembly.

If a student is invited by a member of the General Assembly to serve as a page for the General Assembly during a legislative session, the student shall be considered on instructional assignment and shall not be considered absent from school for the one (1) day the student is serving as a page, and he or she may be allowed additional instructional assignment days at the discretion of the school district.

History. Acts 2005, No. 2199, § 1.

6-18-230. Minimum age for enrolling in prekindergarten.

    1. A child may enter a prekindergarten program for children three (3) years of age if the child will attain three (3) years of age on or before August 1 immediately preceding the beginning of the school year.
    2. A child may enter a prekindergarten program for children four (4) years of age if the child will attain four (4) years of age on or before August 1 immediately preceding the beginning of the school year.
    1. The Division of Child Care and Early Childhood Education shall notify all providers of appropriate early childhood programs for prekindergarten of the age requirements specified in subsection (a) of this section by providing one (1) written notification letter sent to each provider of appropriate early childhood programs for prekindergarten at the address of record on file with the Department of Human Services.
    2. The prekindergarten age requirements specified in subsection (a) of this section shall be published on the website of the:
      1. Department of Human Services; and
      2. Division of Elementary and Secondary Education.

History. Acts 2009, No. 426, § 1; 2013, No. 1138, § 46; 2019, No. 910, § 1523.

Amendments. The 2013 amendment deleted former (a)(1) and (a)(2); and redesignated former (a)(2)(A) and (a)(2)(B) as present (a)(1) and (a)(2).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(2)(B).

6-18-231. Additional absences for Arkansas National Guard members.

A student who joins the Arkansas National Guard at seventeen (17) years of age while in grade eleven (11) shall be granted additional absences at the discretion of the school district superintendent in order to complete basic combat training between grades eleven (11) and twelve (12).

History. Acts 2013, No. 1289, § 1.

6-18-232. Enrollment of private school or home school students.

  1. Except as provided under subsection (d) of this section, a public school district or an open-enrollment public charter school shall adopt a policy that allows a student who attends a private school or a home school to enroll in an academic course at a public school or an open-enrollment public charter school if the student resides in the public school district where the public school or open-enrollment public charter school is located.
  2. A policy adopted by a public school district or open-enrollment public charter school under subsection (a) of this section may:
      1. Include provisions that apply to a private school or home-schooled student who is enrolled in an academic course at a public school or open-enrollment public charter school, including without limitation provisions regarding:
        1. Academic or grade-level prerequisites;
        2. Attendance;
        3. Testing;
        4. Coursework;
        5. Grades; and
        6. Conduct.
      2. The provisions included under subdivision (b)(1)(A) of this section shall be consistent with provisions included in the public school district's or open-enrollment public charter school's policies that apply to public school students;
    1. Allow a student who attends a private school or a home school to enroll in one (1) or more academic courses in a semester; and
    2. Limit enrollment if the enrollment of a private school or home-schooled student would:
      1. Create a financial loss for the public school district or open-enrollment public charter school; or
      2. Violate any state or federal law or any rule established by the Division of Elementary and Secondary Education.
    1. A public school district or an open-enrollment public charter school that enrolls a student who attends a private school or a home school in an academic course is entitled to an amount equal to one-sixth (1/6) of the state foundation funding amount for each academic course in which a student who attends a private school or a home school is enrolled.
    2. A public school district or an open-enrollment public charter school is not entitled to more than the equivalent of the state foundation funding amount for one (1) average daily membership per student regardless of the number of academic courses in which the student who attends a private school or a home school is enrolled.
  3. A public school district or an open-enrollment public charter school may seek a waiver from the division from the requirements under this section.
  4. If a student who attends a private school or a home school enrolls in an endorsed concurrent enrollment course as defined by § 6-16-1202(2), the student shall not be charged for the endorsed concurrent enrollment course unless the public school district also charges public school students or open-enrollment public charter school students for the endorsed concurrent enrollment course.
  5. A public school district or open-enrollment public charter school under this section:
    1. May provide transportation for a private school or home-schooled student to or from the location of the academic course; and
    2. Shall provide a final grade and transcript to each private school or home-schooled student who completes an academic course in which the student is enrolled at a public school or open-enrollment public charter school.
    1. A private school or home-schooled student is not considered truant from a public school or open-enrollment public charter school under this section due to unexcused absences from the academic course in which the private school or home-schooled student is enrolled.
    2. However, a public school or open-enrollment public charter school may drop a private school or home-schooled student from an academic course in the event of excessive unexcused absences or any other violation of policies regarding the academic course in which the private school or home-schooled student is enrolled.
  6. This section does not apply to a statewide open-enrollment public charter school that operates primarily as a virtual school.

History. Acts 2017, No. 173, § 1; 2019, No. 429, § 1; 2019, No. 430, §§ 1-3.

Amendments. The 2019 amendment by No. 429 added (e).

The 2019 amendment by No. 430, in (a), added “Except as provided under subsection (d) of this section” and substituted “shall adopt” for “may adopt”; rewrote (b)(1) and (b)(3); rewrote (d); added (f) through (h); and made a stylistic change.

6-18-233. School choice for children in foster care — Definition.

  1. As used in this section, “foster parent” means the person or entity having custody or charge of a foster child.
      1. A foster parent or the foster child, if the foster child is over eighteen (18) years of age, may request the Department of Human Services to approve the transfer of the foster child to another public school or public school district.
      2. Before making the request under subdivision (b)(1)(A) of this section, the foster parent shall comply with the requirements concerning school of origin under 42 U.S.C. §§ 671 and 675, as they existed on January 1, 2017, the Every Student Succeeds Act, 20 U.S.C. § 6301 et seq., as it existed on January 1, 2017, and § 9-28-113.
      1. The department shall approve the transfer request under subdivision (b)(1) of this section if the department determines that the transfer is in the best interest of the foster child.
      2. In determining whether the transfer is in the best interest of the foster child, the department shall consider whether other children who reside in the foster home attend the public school or public school district to which the foster parent or the foster child, if the foster child is over eighteen (18) years of age, is requesting the foster child to transfer.
  2. If the department approves a request to transfer under subdivision (b)(2) of this section as being in the best interest of the foster child, a public school or public school district, upon request of a foster parent or the foster child, if the foster child is over eighteen (18) years of age, shall allow a foster child to transfer to the public school or public school district unless the public school or public school district demonstrates that:
    1. The public school or public school district has reached the maximum student-to-teacher ratio allowed under federal law, state law, rules for standards of accreditation, or other applicable rule or regulation; or
      1. Approving the transfer would conflict with a provision of an enforceable desegregation court order or a public school district's court-approved desegregation plan regarding the effects of past racial segregation in student assignment.
      2. If a public school district claims a conflict under subdivision (c)(2)(A) of this section, the public school district shall immediately submit proof from a federal court to the Division of Elementary and Secondary Education that the public school district has a genuine conflict under an active desegregation order or active court-approved desegregation plan with the provisions of this section.
    1. A request to transfer under subsection (c) of this section shall be:
      1. Made on a form approved by the division; and
      2. Postmarked no later than May 1 of the year in which the student seeks to begin the fall semester at the public school district.
      1. By July 1 of the school year in which the student seeks to transfer under this section, the superintendent of the public school district shall notify the foster parent or the foster child, if the foster child is over eighteen (18) years of age, in writing as to whether the foster child's application has been accepted or rejected.
        1. If the application is rejected, the superintendent of the public school district shall state in the notification letter the reason for rejection.
        2. If the application is accepted, the superintendent of the public school district shall state in the notification letter a reasonable deadline by which the foster child shall enroll in the public school district and after which the acceptance notification is null.
    1. A foster child whose transfer is rejected by the public school district may request a hearing before the State Board of Education to reconsider the transfer.
    2. A request for a hearing before the state board shall be in writing and shall be postmarked no later than ten (10) days after the foster parent or the foster child, if the foster child is over eighteen (18) years of age, receives a notice of rejection of the transfer.
    3. If the state board overturns the rejection of the transfer on appeal, the state board shall notify the foster parent or the foster child, if the foster child is over eighteen (18) years of age, and public school district of the basis for the state board's decision.
  3. A transfer approved under this section shall remain in effect until the foster child:
    1. Graduates from high school; or
    2. Is approved for another transfer under this section, the Arkansas Opportunity Public School Choice Act, § 6-18-227, the Public School Choice Act of 2015, § 6-18-1901 et seq., or any other law that allows a transfer.
  4. A public school district to which a foster child transfers under this section shall accept credits toward graduation that were awarded by another public school district.
    1. Except as provided in subdivision (h)(3) of this section, the foster child or the foster parent is responsible for the transportation of the foster child to and from the public school to which the foster child transferred under this section.
    2. The public school district may enter into a written agreement with the foster parent or the foster child, if the foster child is over eighteen (18) years of age, to provide the transportation.
    3. Nothing in this subsection affects the obligation of a public school district or child welfare agency to provide a foster child transportation to his or her school of origin under the Every Student Succeeds Act, 20 U.S.C. § 6301 et seq., § 9-28-113, or other law.
  5. For purposes of determining a public school district's state aid, a foster child who transfers under this section shall be counted as a part of the average daily membership of the public school district where the foster child is enrolled.
  6. This section does not affect the right of a foster child to remain in his or her school of origin under 42 U.S.C. §§ 671 and 675, as they existed on January 1, 2017, the Every Student Succeeds Act, 20 U.S.C. § 6301 et seq., as it existed on January 1, 2017, § 6-18-202, § 6-20-504, § 9-28-113, or other law.
  7. The division shall promulgate rules to implement this section.

History. Acts 2017, No. 988, § 1; 2019, No. 910, §§ 1524-1526.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c)(2)(B), (d)(1)(A), and (k).

Subchapter 3 — Assignment

Cross References. Assignment of teachers, § 6-17-303.

Effective Dates. Acts 1989, No. 731, § 4: Mar. 21, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that the minimum distances prescribed in Arkansas Code 6-18-307 are being interpreted by some to be measured as air miles; that it was never the intent of the General Assembly that the distances be measured by air miles, but it was the intent that the distances be measured using highways which could reasonably be traversed by school buses; that this Act specifically requires the distances to be computed using highways which can safely and reasonably be traversed by school buses; that the confusion should be eliminated as soon as possible; and that since this Act clarifies the law it should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 950, § 5: Mar. 27, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that certain Arkansas Code provisions which have their roots in the segregative practices of the 1950s, are still in effect and may be impeding the state's efforts to rid itself of all vestiges of segregation. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1999, No. 1078, § 92: effective July 1, 2000.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Case Notes

Constitutionality.

Pupil assignment law was constitutional on its face since it assures equal rights to all children in any school districts as pupil assignments are made. Parham v. Dove, 271 F.2d 132 (8th Cir. 1959).

Purpose.

Pupil assignment law was designed to invalidate the practice of enrollment according to residence alone. Norwood v. Tucker, 287 F.2d 798 (8th Cir. 1961).

Desegregation.

For cases discussing pupil assignment law as it related to desegregation of schools, see Parham v. Dove, 271 F.2d 132 (8th Cir. 1959); Dove v. Parham, 181 F. Supp. 504 (E.D. Ark. 1960), aff'd, 282 F.2d 256 (8th Cir. 1960); Norwood v. Tucker, 287 F.2d 798 (8th Cir. 1961).

Research References

Ark. L. Rev.

Gitelman and McIvor, Domicile, Residence and Going to School in Arkansas, 37 Ark. L. Rev. 843.

C.J.S. 78A C.J.S., Schools, § 991 et seq.

6-18-301 — 6-18-305. [Repealed.]

Publisher's Notes. These sections, concerning assignment of pupils to schools, were repealed by Acts 1989, No. 950, § 1. They were derived from the following sources:

6-18-301. Acts 1959, No. 461, §§ 1, 2; A.S.A. 1947, § 80-1525.

6-18-302. Acts 1959, No. 461, § 3; A.S.A. 1947, § 80-1526.

6-18-303. Acts 1959, No. 461, §§ 4, 11; A.S.A. 1947, §§ 80-1527, 80-1533.

6-18-304. Acts 1959, No. 461, §§ 11, 12; A.S.A. 1947, §§ 80-1533, 80-1534.

6-18-305. Acts 1959, No. 461, § 4; A.S.A. 1947, § 80-1527.

6-18-306. [Repealed.]

Publisher's Notes. This section, concerning transfer from one district to another generally, was repealed by Acts 1989, No. 950, § 1. The section was derived from Acts 1959, No. 461, § 5; 1981, No. 436, § 1; A.S.A. 1947, § 80-1528; Acts 1987, No. 464, § 1.

For current law, see § 6-18-316.

6-18-307. Transfer from one school district to adjoining school district.

      1. The parent or guardian of any child or ward whose place of residence is at least fifteen (15) miles from the school in the resident district and whose place of residence is within seven (7) miles of a school in an adjoining district may petition the board of directors of the resident district for a transfer to the adjoining district if the adjoining district has agreed in writing to accept transfer of the child.
      2. The minimum distances prescribed by this subsection shall be computed using highways that could reasonably and safely be traversed by school buses.
      3. A copy of such written agreement by the receiving district shall be filed with any such petition.
    1. If the parents or guardians of several children in a particular area meet the requirements prescribed in this subsection, the parents or guardians may jointly petition the board of directors of the resident district for transfer of their children or wards to the adjoining district.
    1. When any individual or joint petition as authorized in subsection (a) of this section is filed with the board of directors of any school district, the board of directors shall within thirty (30) days after the date of the filing of the petition either grant or deny the transfer.
    2. If the board of directors denies the petition, the petitioners may appeal to the State Board of Education.
    3. Within forty-five (45) days after the appeal to the state board, the state board shall either grant or deny the transfer.
    4. The ruling of the state board shall be the final administrative ruling on the petition.
  1. The transfer of any child or children from one (1) district to another as permitted in this section shall constitute a transfer of the legal responsibility for the education of the child or children to the receiving district, and the child or children shall be included in the average daily membership of the receiving district for state aid purposes.

History. Acts 1983 (1st Ex. Sess.), No. 61, § 2; A.S.A. 1947, § 80-1528.1; Acts 1989, No. 731, § 1; 1999, No. 1078, § 73.

6-18-308 — 6-18-310. [Repealed.]

Publisher's Notes. These sections, concerning hearings for objections to school assignment, were repealed by Acts 1989, No. 950, § 1. The sections were derived from the following sources:

6-18-308. Acts 1959, No. 461, § 7; A.S.A. 1947, § 80-1529.

6-18-309. Acts 1959, No. 461, § 10; A.S.A. 1947, § 80-1532.

6-18-310. Acts 1959, No. 461, § 9; A.S.A. 1947, § 80-1531.

6-18-311 — 6-18-315. [Reserved.]

  1. Upon the petition of a student residing in one (1) school district, the resident district, to transfer to another school district, the receiving district, the board of directors of the resident district may enter into an agreement with the board of directors of the receiving school district transferring the student to the receiving district for purposes of education.
  2. Forms for use in transferring children from one (1) school district to another shall be provided by the Division of Elementary and Secondary Education.
  3. After the petition has been approved by the board of directors of the resident district and the board of directors of the receiving district, copies of approved transfers shall be filed by the receiving district with the office of the county clerk, with the administrative offices of the respective school districts, and with the division.
  4. This legal transfer of a student from one (1) district to another places the responsibility for the education of the student on the receiving district and permits the receiving district to count these children in average daily membership for state aid purposes.
  5. This section does not transfer the local tax money from the resident district.
    1. Upon approval of the transfer by the resident district, the receiving district may also enter into a tuition agreement with either the resident district or the parents of the child or children involved whereby the resident district or the parents will make tuition payments to the receiving district to compensate the district for local taxes not received on behalf of the child or children involved.
    2. The annual amount of the tuition shall not exceed the average amount of local property tax per pupil collected in the receiving district in the preceding year.
  6. Student transfers granted under the provisions of this section shall be reviewed at the end of four (4) years by the districts involved to determine whether the agreement should be renewed.
  7. Student transfers granted under this section constitute an independent agreement between the resident district and the receiving district and are not subject to the provisions and limitations of other student transfer laws.

History. Acts 1987, No. 464, § 1; 1987, No. 762, § 1; 1989, No. 950, § 2; 2001, No. 1207, § 2; 2017, No. 1065, § 2; 2019, No. 910, § 1527.

Amendments. The 2017 amendment added (h).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b); and substituted “division” for “department” in (c).

Research References

Ark. L. Rev.

Brinkley Beecher Cook-Campbell, Comment: “Schoolhouse Block”: Why the Arkansas Public School Choice Act Should Be Improved but Not Eliminated, 67 Ark. L. Rev. 927 (2014).

U. Ark. Little Rock L.J.

Jeffrey, School Law, 7 U. Ark. Little Rock L.J. 255.

Case Notes

Consent.

Even though transfer was approved by accepting school district, it was not a valid transfer if approved by neither the county board of education administering the sending district nor the school board of the sending district. Bell v. Howard County Training School Dist. No. 38, 236 Ark. 742, 368 S.W.2d 266 (1963) (decision under prior law).

In order to constitute a legal transfer of students, both school districts must consent to the transfer of students, even if the receiving district is not attempting to claim state money. Newark Sch. Dist. v. Cord-Charlotte Sch. Dist., 278 Ark. 110, 644 S.W.2d 253 (1983) (decision under prior law).

Former statute requires the written agreement of both the sending and receiving district before a child domiciled in one district could attend school in another district. Delta Special School Dist. # 5 v. McGehee Special School Dist. # 17, 280 Ark. 489, 659 S.W.2d 508 (1983) (decision under prior law).

Effect of Transfer.

Where a valid order of the county court was outstanding directing the transfer of certain children to a certain school district, together with the taxes paid by their parents, the children were entitled to attend school in that district but school directors could refuse to grant a citizen the privilege of voting in a district in which he did not reside. Jones v. Floyd, 129 Ark. 185, 195 S.W. 360 (1917) (decision under prior law).

The district from which a transfer of children had been made no longer had any jurisdiction over the children so transferred. Stephens v. Humphrey, 145 Ark. 172, 224 S.W. 442 (1920) (decision under prior law).

Where alleged constitutional violations were not currently causing racial segregation among the school districts, the trial court correctly refused to order consolidation or an interdistrict magnet school plan. Edgerson ex rel. Edgerson v. Clinton, 86 F.3d 833 (8th Cir. 1996).

Illegal Enrollment.

The proper remedy by one school district against another for illegal student enrollment is by injunction, not by a suit for damages. Newark Sch. Dist. v. Cord-Charlotte Sch. Dist., 278 Ark. 110, 644 S.W.2d 253 (1983) (decision under prior law).

Questioning Transfer.

As between two school districts involved in a transfer of pupils, the second school district has no standing to question the action of the first district in an improper transfer of pupils from a third district. Bell v. Howard County Training School Dist. No. 38, 236 Ark. 742, 368 S.W.2d 266 (1963) (decision under prior law).

Transfer Order.

Transfer held proper. Special School Dist. No. 33 v. Eubanks, 119 Ark. 117, 177 S.W. 900 (1915) (decision under prior law).

Where a resident of a school district procured a transfer of his child to an adjoining district in a mandamus proceeding to compel the admission of such child to the latter district, the school directors could not collaterally question the propriety of the order of transfer by asserting that the transfer was secured to enable the child to evade punishment in the district from which he was transferred. Stephens v. Humphrey, 145 Ark. 172, 224 S.W. 442 (1920) (decision under prior law).

An order for the transfer of children and taxes from one school district to another was merely temporary and remained in effect only while the districts of and from which the transfer was made remained in existence, and any change in the status of the territory operated as an abrogation of the order of transfer. Mabelvale Special Sch. Dist. v. Halstead Special Sch. Dist., 169 Ark. 645, 276 S.W. 584 (1925) (decision under prior law).

6-18-317. Prohibited transfers.

  1. Boards of directors of local school districts are prohibited from granting legal transfers under § 6-18-316 when:
    1. Either the resident district or the receiving district is under a desegregation-related court order; and
    2. The transfer in question would violate the court order.
  2. Each form filed with the Division of Elementary and Secondary Education reporting a legal student transfer must be accompanied by an affidavit signed by each member of both school district boards of directors stating that the transfer does not violate the prohibition set forth in subsection (a) of this section.
  3. If the transfer fails to comply with subsection (b) of this section, the division shall withhold from each district state aid in an amount equal to that to be generated by the student in question in the respective districts.

History. Acts 1987, No. 762, §§ 2-4; 2017, No. 1065, § 3; 2019, No. 910, § 1528.

Amendments. The 2017 amendment substituted “under § 6-18-316 when” for “in the following situations” in the introductory language of (a); in (a)(1), substituted “Either” for “When either” and deleted “or has ever been under such a court order” at the end; and substituted “violate the court order” for “negatively affect the racial balance of that district which is or has been under such a court order” in (a)(2).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b); and substituted “division” for “department” in (c).

Case Notes

Applicability.

The making of a choice created by § 6-18-203 does not result in a “transfer” as contemplated by this section; the prohibition of this section is against “legal transfers,” dealt with generally in former § 6-18-306, which provides for petitioning to attend school in a nonresident district, requiring the approval of both the sending and the receiving district. The legislature did not use the term “legal transfer” in § 6-18-203(b), but referred to being “enrolled” in the district where the parent teaches; there is no suggestion in the latter statute that the legislature intended this process to be comparable to “legal transfer”; therefore, these statutes are not irreconcilable. Love v. Hill, 297 Ark. 96, 759 S.W.2d 550 (1988).

Effect of Transfer.

Where alleged constitutional violations were not currently causing racial segregation among the school districts, the trial court correctly refused to order consolidation or an interdistrict magnet school plan. Edgerson ex rel. Edgerson v. Clinton, 86 F.3d 833 (8th Cir. 1996).

6-18-318. [Repealed.]

Publisher's Notes. This section, concerning waiver of prohibition, was repealed by Acts 2017, No. 1065, § 4. The section was derived from Acts 1987, No. 762, § 5.

6-18-319. District contacts.

  1. The superintendent of a school district, or the superintendent's designee, accepting the transfer of a student from another district in the state shall make proper inquiry of the parents or guardian of the student to determine whether the student has proper contacts or other legal right to be enrolled as a student in that district.
  2. The superintendent of the school district, or the superintendent's designee, shall promptly verify to the district from which the student transferred that the student has been approved for enrollment in the district after a determination that the student has a legal right to attend in the district.
  3. A school district from which the student transferred has the right to appeal the transfer of the student to the Division of Elementary and Secondary Education. The school district to which the student transferred and the parents or guardian of the student shall have the burden to prove the transfer was proper.

History. Acts 1997, No. 482, § 1; 2019, No. 910, § 1529.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c).

6-18-320. Unsafe school choice program.

  1. Any student who becomes the victim of a violent criminal offense while in or on the grounds of an Arkansas public elementary, secondary, or public charter school or who is attending a persistently dangerous public school shall be allowed to attend a safe public school within the local educational agency under rules established by the State Board of Education.
  2. The state board may promulgate rules to administer this section.

History. Acts 2017, No. 745, § 25.

Subchapter 4 — Arkansas American College Test Assessment Assistance Pilot Program

6-18-401 — 6-18-408. [Repealed.]

Publisher's Notes. This subchapter, concerning the Arkansas American College Test Assessment Assistance Pilot Program, was repealed by Acts 2011, No. 989, § 61. The subchapter was derived from the following sources:

6-18-401. Acts 1999, No. 1226, § 1.

6-18-402. Acts 1999, No. 1226, § 2; 2001, No. 1093, § 1.

6-18-403. Acts 1999, No. 1226, § 3.

6-18-404. Acts 1999, No. 1226, § 4; 2001, No. 1093, § 2.

6-18-405. Acts 1999, No. 1226, § 5.

6-18-406. Acts 1999, No. 1226, § 8.

6-18-407. Acts 1999, No. 1226, § 6.

6-18-408. Acts 1999, No. 1226, § 7.

Subchapter 5 — Discipline

Preambles. Acts 2007, No. 115, contained a preamble which read:

“WHEREAS, bullying creates an intolerable and sometimes dangerous educational environment for a student or public school employee who is the target of bullying or who is close to the target; and

“WHEREAS, the definition of bullying varies widely among public school districts in the state and the General Assembly finds that public school districts and the Department of Education would benefit from legislative guidance for defining bullying; and

“WHEREAS, cyberbullying, or the use of computers, websites, the Internet, cell phones, text messaging, chat rooms, and instant messaging to ridicule, harass, intimidate, humiliate, or otherwise bully another student, is a growing problem for public school students due to the increased use of such electronic devices by children both on and off of public school premises; and

“WHEREAS, cyberbullies feel protected by anonymity and by the knowledge that children who are targeted do not want to report cyber assaults because they fear losing their access to electronic devices or having the situation aggravated by adult interference; and

“WHEREAS, because cyberbullying has the potential for instantaneous distribution to a wide audience, it can impact the educational environment by rapidly reaching a large number of students and public school employees, and creating an environment of fear and intimidation that materially or substantially disrupts class work and discipline in a public school,

“NOW THEREFORE, … .”

A.C.R.C. Notes. The contingency in Acts 2009, No. 758, § 29, was met by Acts 2009, No. 749.

Effective Dates. Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1977, No. 904, § 4: Aug. 15, 1977. Emergency clause provided: “It is hereby found and determined by the Seventy-First General Assembly that the effectiveness of this Act on August 15, 1977 is essential to the operation of the public and private schools of this State, and that delay in the effective date of this Act beyond August 15, 1977 could work irreparable harm upon the proper administration of the public and private school systems. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after August 15, 1977.”

Acts 1979, No. 74, § 6: Feb. 7, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that the lack of proper discipline in our public schools is hampering many students in their academic endeavors and that many school boards have not adopted written regulations regarding school discipline, and that this Act is necessary to immediately improve the quality of education in this State. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from the date of its passage and approval.”

Acts 1989, No. 146, § 4: Feb. 21, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that the use of electronic communication devices can be used to facilitate drug trafficking in the schools and that the use of such devices should be eliminated unless a legitimate purpose is found to exist for the possession of such devices upon the school campuses. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1994 (2nd Ex. Sess.), No. 51, § 9: Aug. 25, 1994. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas, meeting in Second Extraordinary Session, that student discipline is essential to the creation of an optimum learning environment; and that the only place that many individuals are likely to learn self-control and good behavior is in the public schools; and that teachers and administrators in school districts that authorizes corporal punishment should have adequate protection from civil liability, provided only that the corporal punishment is administered in accord with certain procedures. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 333, § 5: Feb. 14, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly that there is some confusion in the various school districts of this state as to procedures for administering corporal punishment, as set forth in Act 51 of the Second Extraordinary Session of 1994 and that immediate implementation of this act is necessary to clarify these procedures. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 567, § 8: Mar. 9, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that Arkansas law governing the expulsion of public school students determined to have brought a firearm or other prohibited weapon upon a school campus does not conform with current federal requirements set forth in the Gun-Free Schools Act of 1994; that failure to immediately remedy the law by legislative action will place federal funds received by the State of Arkansas in jeopardy. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 742, § 5: Mar. 21, 1997. Emergency clause provided: “It is found and determined by the General Assembly that the recent decision by the Arkansas Supreme Court in Richie v. Board of Education of Lead Hill School District has created some confusion in local school districts as to the validity of written student discipline policies in cases involving suspensions and expulsions and that it is necessary that this act take immediate effect to resolve this confusion. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2011, No. 1118, § 5: July 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the constitutional obligation of the state to ensure that the state's public school children receive an equal opportunity for an adequate education; that to ensure that opportunity, it is essential that the state's public schools and education service cooperatives operate effective alternative learning environments; that the immediate effectiveness of this bill is necessary for the implementation of the funding changes and for the public schools and education service cooperatives to operate effective alternative learning environments under this bill throughout the state by the 2011-2012 school year; and that any delay in the effective date of this act could work irreparable harm to the quality of education available to students who are educated in alternative learning environments in this state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2011.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

ALR.

Criminal responsibility of parent for act of child. 12 A.L.R.4th 673.

Admissibility of hearsay evidence in student disciplinary proceedings. 30 A.L.R.4th 935.

Am. Jur. 67B Am. Jur. 2d, Schools, § 314 et seq.

C.J.S. 78A C.J.S., Schools, § 1082 et seq.

6-18-501. Duty of teachers, classified school employees, and volunteers.

  1. Every teacher shall seek to exercise wholesome discipline in his or her school and endeavor by precept and otherwise to instill and cultivate in the pupils good morals and gentle manners.
  2. Classified school employees and volunteers shall have as a minimum the responsibility to appropriately assist and support teachers in these efforts.

History. Acts 1931, No. 169, § 171; Pope's Dig., § 11613; A.S.A. 1947, § 80-1629; Acts 1999, No. 1475, § 1.

Research References

ALR.

School's or School Official's Liability for Unfair Disciplinary Action Against Student Accused of Sexual Harassment or Assault, 34 A.L.R.7th Art. 1 (2018).

6-18-502. Rules for development of school district student discipline policies.

  1. The Division of Elementary and Secondary Education shall establish rules for the development of school district student discipline policies.
  2. Such rules shall include without limitation the following requirements:
    1. Parents, students, and school district personnel, including teachers, shall be involved in the development of school district student discipline policies;
      1. The school district's committee on personnel policies shall review annually:
        1. The school district's student discipline policies; and
        2. State and district discipline data.
      2. The committee may recommend changes in the policies to the board of directors of the local school district based on the committee's review under subdivision (b)(2)(A) of this section; and
    2. Student discipline policies shall include without limitation the following offenses:
      1. Willfully and intentionally assaulting or threatening to assault or abuse any student or teacher, principal, superintendent, or other employee of a school system;
      2. Possession by students of any firearm or other weapon prohibited upon the school campus by law or by policies adopted by the school district board of directors;
      3. Using, offering for sale, or selling beer, alcoholic beverages, or other illicit drugs by students on school property; and
      4. Willfully or intentionally damaging, destroying, or stealing school property by students.
  3. The school discipline policies shall:
      1. Prescribe minimum and maximum penalties, including without limitation students' suspension or expulsion from school, for violations of any of the offenses described in subdivision (b)(3) of this section and for violations of other practices prohibited by school discipline policies.
      2. However, the superintendent shall have discretion to modify the prescribed penalties for a student on a case-by-case basis;
      1. Prescribe expulsion from school for a period of one (1) year for possession of any firearm or other weapon prohibited upon the school campus by law.
      2. Provided, however, that the superintendent shall have discretion to modify such expulsion requirement for a student on a case-by-case basis;
    1. Establish procedures for notice to students and parents of charges, hearings, and other due process proceedings to be applicable in the enforcement and administration of such policies by the school administrator and by the school district board of directors;
    2. Include prevention, intervention, and conflict resolution provisions;
    3. Set forth the role and authority of public school employees and volunteers as provided in this subchapter;
    4. Include programs, measures, or alternative means and methods to continue student engagement and access to education during periods of suspension or expulsion; and
    5. Establish procedures for responding to reports received through the school safety and crisis line under § 6-18-111.
  4. Student discipline policies shall provide that parents and students will be advised of the rules and regulations by which the school is governed and will be made aware of the behavior that will call for disciplinary action and the types of corrective actions that may be imposed.
  5. Each school district shall develop a procedure for written notification to all parents and students of the district's student discipline policies and for documentation of the receipt of the policies by all parents and students.
  6. Teachers and administrators, classified school employees, and volunteers shall be provided with appropriate student discipline, behavioral intervention, and classroom management training and support.
  7. If a school employee believes that any action taken by the school district to discipline a student referred by that employee does not follow school district discipline policies, the school employee may appeal under the district's grievance procedure as provided under § 6-17-208.
  8. In developing the state rules for school district discipline policies, the division shall involve parents, students, teachers, and administrators.

History. Acts 1983 (1st Ex. Sess.), No. 77, § 1; 1983 (1st Ex. Sess.), No. 104, § 1; A.S.A. 1947, § 80-1629.6; Acts 1989, No. 146, § 1; 1995, No. 567, § 1; 1995, No. 968, § 1; 1997, No. 706, § 1; 1999, No. 1475, §§ 2, 3; 2001, No. 447, § 1; 2013, No. 71, § 1; 2019, No. 640, §§ 1-4; 2019, No. 910, §§ 1530, 1531; 2019, No. 1064, § 3.

Amendments. The 2013 amendment deleted former (b)(3)(D), and redesignated (b)(3)(E) as present (b)(3)(D).

The 2019 amendment by No. 640 substituted “rules” for “guidelines” in (a) and the introductory language of (b); rewrote (b)(2)(A); added “based on the committee's review under subdivision (b)(2)(A) of this section” in (b)(2)(B); rewrote (c)(1); deleted “not less than” preceding “one (1) year” in (c)(2)(A); added (c)(6); in (f), inserted “behavioral intervention, and classroom management”, and added “and support”; substituted “rules” for “guidelines” in (h); and made stylistic changes.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” in (h).

The 2019 amendment by No. 1064 added (c)(7).

Research References

ALR.

Propriety of School Policies, and Measures Taken Pursuant to School Policies, Prohibiting the Possession, Display, or Use of Cell Phones in School. 70 A.L.R.6th 145.

Case Notes

Construction.

Provisions of this section did not impliedly repeal former § 6-18-507(b) [see now § 6-18-507(c)]. Richie v. Board of Educ., 326 Ark. 587, 933 S.W.2d 375 (1996).

Education.

Trial court properly granted summary judgment to a teacher and principal in a student's suit alleging conversion, trespass to chattels, and due process violations, arising from the teacher's alleged wrongful taking of the student's cell phone. This section authorized penalties for misconduct other than those specifically listed. Koch v. Adams, 2010 Ark. 131, 361 S.W.3d 817 (2010).

6-18-503. Written student discipline policies required — Definition.

      1. Each school district in this state shall develop written student discipline policies in compliance with the rules established by the Division of Elementary and Secondary Education and shall file the policies with the division.
      2. The rules required under subdivision (a)(1)(A) of this section may include minimum standards of quality, experimentation with innovative programs, and a system to judge the effectiveness of the program.
      3. The discipline policy required under subdivision (a)(1)(A) of this section shall include provisions for:
        1. Placement of a student with disciplinary, socially dysfunctional, or behavioral problems not associated with a physical or mental impairment or disability in an alternative learning environment provided by the district; and
        2. Procedures for responding to reports received through the school safety and crisis line under § 6-18-111.
    1. Behavioral problems include being at risk of not satisfactorily completing a high school education.
    1. A school district that authorizes use of corporal punishment in its discipline policy shall include provisions for administration of the punishment, including that it be administered only for cause, be reasonable, follow warnings that the misbehavior will not be tolerated, and be administered by a teacher or school administrator and only in the presence of a school administrator or his or her designee, who shall be a teacher or school administrator employed by the school district.
    2. As used in this subchapter, “teacher or school administrator” means:
      1. A person employed by a school district and required to hold a valid Arkansas standard teaching license, an ancillary license, a provisional license, a technical permit, or an administrator's license issued by the State Board of Education; and
      2. An unlicensed classroom teacher or administrator employed in a position under a waiver from licensure.
    3. A school district that authorizes use of corporal punishment under subdivision (b)(1) of this section shall not:
      1. Use corporal punishment on a child who is intellectually disabled, nonambulatory, nonverbal, or autistic; or
      2. Include in its written student discipline policy a provision to allow the use of corporal punishment on a child who is intellectually disabled, nonambulatory, nonverbal, or autistic.
    1. A school district shall include in its student discipline policies a provision prohibiting students from wearing, while on the grounds of a public school during the regular school day and at school-sponsored activities and events, clothing that exposes underwear, buttocks, or the breast of a female.
    2. Subdivision (c)(1) of this section shall not apply to a costume or uniform worn by a student while participating in a school-sponsored activity or event.
    3. A school district shall specify in its student discipline policies the disciplinary actions that will be taken against a student for a violation of subdivision (c)(1) of this section.
    4. Subdivision (c)(1) of this section shall not be enforced in a manner that discriminates against a student on the basis of his or her race, color, religion, sex, disability, or national origin.
  1. Any amendments or revisions to a school district's student discipline policies shall be developed and adopted in the same manner as the original policies required by § 6-18-502 and shall be consistent with the rules established by the division.
  2. Any amendment or revision to the student discipline policies adopted by a school district shall be submitted to the division within thirty (30) days after the adoption of such amendment or revision.

History. Acts 1983 (1st Ex. Sess.), No. 77, § 2; 1983 (1st Ex. Sess.), No. 104, § 2; A.S.A. 1947, § 80-1629.7; Acts 1991, No. 830, § 1; 1994 (2nd Ex. Sess.), No. 51, §§ 2, 5; 1995, No. 333, § 1; 1995, No. 567, § 2; 2011, No. 835, § 2; 2013, No. 1073, § 29; 2013, No. 1138, § 47; 2019, No. 557, § 4[3]; 2019, No. 640, §§ 5-7; 2019, No. 910, §§ 1532, 1533; 2019, No. 1064, § 4.

A.C.R.C. Notes. Acts 2011, No. 835, § 1, provided:

“Legislative intent.

“(a) The General Assembly finds that the wearing of clothing that exposes underwear, buttocks, or the breast of a female by students in the public schools often preoccupies and distracts students from their major purpose for being in school, that of becoming educated in math, science, English, history, and other subjects.

“(b) The General Assembly further finds that student competition over the manner in which clothing is worn could lead to violence and injuries during school hours.

“(c) The General Assembly further finds that, as part of their preparation for students to enter the workforce, public schools should encourage and train students to dress in a manner that would be acceptable in the workplace.

“(d) The General Assembly finds that prohibiting students from wearing, while on the grounds of a public school during the regular school day and at school-sponsored activities and events, clothing that exposes underwear, buttocks, or the breast of a female will prevent disruptions in the learning environment, advance the education of students, enhance the preparation of students to enter the workforce, and make disruptive incidents of violence less likely to occur.”

Amendments. The 2011 amendment added (c) and redesignated the remaining subsections accordingly.

The 2013 amendment by Nos. 1073 and 1138 substituted “educator license” for “certificate” in (b)(2).

The 2019 amendment by No. 557 added (b)(3).

The 2019 amendment by No. 640, in (a)(1)(A), substituted “rules” for “guidelines”; substituted “The rules required under subdivision (a)(1)(A) of this section may include” for “Guidelines shall include” in (a)(1)(B); in (a)(1)(C), inserted “required under subdivision (a)(1)(A) of this section”, and substituted “physical or mental impairment or disability” for “handicapping condition”; deleted former (a)(1)(C)(ii); substituted “subchapter” for “section” in the introductory language of (b)(2); added the (b)(2)(A) designation; substituted “hold a valid Arkansas standard teaching license, an ancillary license, a provisional license, a technical permit, or an administrator's license issued by the State Board of Education; and” for “have a state issued educator license as a condition of their employment”; added (b)(2)(B); substituted “rules” for “guidelines” in (d); and made stylistic changes.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1)(A); and substituted “division” for “department” in (a)(1)(A), (d), and (e).

The 2019 amendment by No. 1064 added (a)(1)(C)(iii) [now (a)(1)(C)(ii)].

Case Notes

Compliance.

Teacher who struck student on the head to get his attention and to restore order in the classroom was not authorized by the school to use corporal punishment and, even if the school district had permitted it, her actions were not carried out in conformity with the minimum statutory guidelines of subdivision (b)(1) of this section; thus, although neither the teacher nor the school district argued explicitly that the teacher was entitled to statutory immunity under § 6-18-505, the teacher's lack of compliance with her district's policy was a factor that weighed against a finding that the discipline in question was reasonable. Daniels v. Lutz, 407 F. Supp. 2d 1038 (E.D. Ark. 2005).

School principal did not commit child maltreatment while disciplining a student as the administration of corporal punishment under subdivision (b)(1) of this section was properly administered; the parents and school administrator were present, and no one, not even the student, indicated the paddling was too hard. Ark. Dep't of Human Servs. v. Holman, 96 Ark. App. 243, 240 S.W.3d 618 (2006).

Cited: Richie v. Board of Educ., 326 Ark. 587, 933 S.W.2d 375 (1996).

6-18-504. Compliance with §§ 6-18-502 and 6-18-503.

  1. The Division of Elementary and Secondary Education shall monitor compliance with the requirements of §§ 6-18-502 and 6-18-503, and the State Board of Education shall adopt rules for the administration of the requirements thereof.
  2. Any school district failing to file with the division disciplinary policies that meet the requirements of this subchapter shall have all state aid funds withheld until such disciplinary policies are filed with the division.
  3. Nothing in § 6-18-502, § 6-18-503, or this section, or any student discipline policies promulgated under § 6-18-502, shall limit or restrict the bringing of criminal charges against any person for violating the criminal laws of this state.

History. Acts 1983 (1st Ex. Sess.), No. 77, § 3; 1983 (1st Ex. Sess.), No. 104, § 3; A.S.A. 1947, § 80-1629.8; Acts 2019, No. 315, § 251; 2019, No. 640, § 8; 2019, No. 910, § 1534.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (a).

The 2019 amendment by No. 640, in (b), inserted “with the department”, substituted “disciplinary policies that meet the requirements of this subchapter” for “the disciplinary policy required by § 6-18-503 with the department”, and substituted “policies are filed” for “policy is filed”.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” twice in (b).

6-18-505, 6-18-506. [Repealed.]

A.C.R.C. Notes. The repeal of § 6-18-505 by Acts 2019, No. 640, § 9, superseded the amendment of § 6-18-505 by Acts 2019, No. 557, § 5[4]. Acts 2019, No. 557 amended subdivision (c)(1) of § 6-18-505 to read:

“(c)(1) A teacher or school administrator in a school district that authorizes use of corporal punishment in the district's written student discipline policy may use corporal punishment, if the punishment is administered in accord with the district's written student discipline policy, on any pupil, except a child who is intellectually disabled, nonambulatory, nonverbal, or autistic, in order to maintain discipline and order within the public schools”.

The repeal of § 6-18-506 by Acts 2019, No. 640, § 9, superseded the amendment of § 6-18-506 by Acts 2019, No. 910, §§ 1535, 1536. The amendment by Acts 2019, No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in subsection (b) and “division” for “department” in subsection (e).

Publisher's Notes. These sections, concerning the School Discipline Act and the School Dismissal Act, were repealed by Acts 2019, No. 640, § 9, effective July 24, 2019. The sections were derived from the following sources:

6-18-505. Acts 1977, No. 904, §§ 1, 2; A.S.A. 1947, §§ 80-1629.1, 80-1629.2; Acts 1994 (2nd Ex. Sess.), No. 51, §§ 1, 5; 2013, No. 1073, § 30; 2013, No. 1138, § 48; 2019, No. 557, § 5[4].

6-18-506. Acts 1979, No. 74, §§ 1-3; A.S.A. 1947, §§ 80-1629.3 — 80-1629.5; Acts 1999, No. 1475, § 4; 2019, No. 910, §§ 1535, 1536.

6-18-507. Suspension — Expulsion — Definitions.

  1. As used in this section:
    1. “Course time” means the number of hours of instruction devoted to a single subject during the school week;
    2. “Expulsion” means dismissal from school for a period of time that exceeds ten (10) days;
    3. “Nontraditional scheduling” means block or other alternative scheduling as defined by the Division of Elementary and Secondary Education; and
    4. “Suspension” means dismissal from school for a period of time that does not exceed ten (10) days.
    1. The board of directors of a school district may suspend or expel any student from school for violation of the school district's written discipline policies, except that a school district shall not use out-of-school suspension as a discipline measure for truancy.
    2. The school district shall not use out-of-school suspension or expulsion for a student in kindergarten through grade five (K-5) except in cases when a student's behavior:
      1. Poses a physical risk to himself or herself or to others; or
      2. Causes a serious disruption that cannot be addressed through other means.
      1. The board of directors may authorize a teacher or an administrator to suspend any student for a maximum of ten (10) school days for violation of the school district's written discipline policies, subject to appeal to the superintendent or his or her designee.
      2. However, schools that utilize nontraditional scheduling may not suspend students from more course time than would result from a ten-day suspension under the last traditional schedule used by the school district.
    1. If the superintendent initiates the suspension process, the decision may be appealed to the board of directors.
    1. A superintendent may recommend the expulsion of a student for more than ten (10) days for violation of the school district's written discipline policies, subject to appeal to the board of directors and to requirements of the Individuals with Disabilities Education Act, 20 U.S.C. § 1401 et seq.
      1. After hearing all testimony and debate on a suspension, expulsion, or appeal, the board of directors may consider its decision in executive session without the presence of anyone other than the board members.
      2. At the conclusion of an executive session, the board of directors shall reconvene in public session to vote on the suspension, expulsion, or appeal.
    2. A school district board of directors meeting entertaining an appeal shall be conducted in executive session if requested by the parent or guardian of the student provided that after hearing all testimony and debate, the board of directors shall conclude the executive session and reconvene in public session to vote on such appeal.
    1. [Repealed.]
      1. All school districts shall adopt a written policy regarding expulsion of a student for possessing a firearm or other prohibited weapon on school property that shall require parents, guardians, or other persons in loco parentis of a student expelled under this subsection to sign a statement acknowledging that the parents have read and understand current laws regarding the possibility of parental responsibility for allowing a child to possess a weapon on school property.
      2. The statement shall be signed by the parents, guardians, or other persons in loco parentis before readmitting a student or enrolling a student in any public school immediately after the expiration of an expulsion period pursuant to this subsection.
      1. The school administrators and the local school district board of directors shall complete the expulsion process of any student that was initiated because the student possessed a firearm or other prohibited weapon on school property regardless of the enrollment status of the student.
      2. The principal of each school shall report within a week to the division the name, current address, and Social Security number of any student who is expelled for possessing a firearm or other prohibited weapon on school property or for committing other acts of violence.
      3. The expulsion shall be noted on the student's permanent school record.
      4. Nothing in this subdivision (e)(3) shall be construed to limit a superintendent's discretion to modify the expulsion requirement for a student on a case-by-case basis as set out in this subsection.
    2. The division shall maintain information regarding students who are expelled for possessing a firearm or other prohibited weapon on school property or for committing other acts of violence.
    1. Upon suspension of a student, the school shall immediately contact the student's parent or legal guardian to notify the parent or legal guardian of the suspension.
    2. Each parent or legal guardian shall provide the school:
        1. A primary call number.
        2. If the call number changes, the parent or legal guardian shall notify the school of the new primary call number;
      1. An email address if the parent or legal guardian does not have a telephone; or
      2. A current mailing address if the parent or legal guardian does not have a telephone or email address.
    3. The contact required in this subsection is sufficient if made by:
      1. Direct contact with the parent or legal guardian at the primary call number or in person;
      2. Leaving a voice mail at the primary call number;
      3. Sending a text message to the primary call number;
      4. Email if the school is unable to make contact through the primary call number; or
      5. Regular first-class mail if the school is unable to make contact through the primary call number or email.
    4. The school shall keep a notification log of contacts attempted and made to the parent or legal guardian.
  2. A public school shall indicate on a student's attendance record if a student's absence is the result of an out-of-school suspension.
  3. A public school district and open-enrollment public charter school shall comply with the requirements under § 6-16-1406(g) with respect to courses and services provided to an expelled public school student.

History. Acts 1931, No. 169, § 170; Pope's Dig., § 11612; Acts 1979, No. 441, § 1; A.S.A. 1947, § 80-1516; Acts 1995, No. 567, § 3; 1997, No. 742, § 1; 1999, No. 1150, § 1; 2007, No. 159, § 1; 2009, No. 1445, § 1; 2013, No. 1329, §§ 2, 3; 2017, No. 1059, § 1; 2019, No. 640, §§ 10, 11; 2019, No. 709, § 2; 2019, No. 910, §§ 1537-1539.

A.C.R.C. Notes. Acts 2013, No. 1329, § 1, provided: “LEGISLATIVE FINDINGS. The General Assembly finds that:

“(1) There are many factors that contribute to poor student performance including lost instruction time or chronic absence;

“(2) A student who has been suspended even once is less likely to graduate;

“(3) Discipline that keeps students engaged in the learning process and in the school community is more effective than discipline that interrupts the learning process and separates the student from the school community;

“(4) Out-of-school suspensions are necessary in some situations but the excessive use of out-of-school suspension as a discipline measure is harmful to the educational process; and

“(5) Disparity in discipline rates does not necessarily indicate discrimination; it can result from an ineffective school climate or from cultural strategies that are not successful in engaging the academic efforts of all students.”

Amendments. The 2009 amendment inserted (d)(2)(A), redesignated the subsequent subdivision accordingly, and made a minor stylistic change.

The 2013 amendment added “except that a school district shall not use out-of-school suspension as a discipline measure for truancy” to the end of (b) [now (b)(1)]; and added (g).

The 2017 amendment redesignated former (b) as (b)(1); and added (b)(2).

The 2019 amendment by No. 640 repealed (e)(1); deleted the (e)(4)(A) designation; in (e)(4), deleted “establish and” preceding “maintain”, and substituted “information regarding” for “a registry of”; and deleted (e)(4)(B).

The 2019 amendment by No. 709 added (h).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(3); and substituted “division” for “department” in (e)(3)(B) and (e)(4).

Research References

ALR.

School's Violation of Student's Substantive Due Process Rights by Suspending or Expelling Student. 90 A.L.R.6th 235.

Ark. L. Notes.

Strickman, Schools, Guns and the Future of the Commerce Clause, 1995 Ark. L. Notes 77.

Ark. L. Rev.

The Emerging Law of Students' Rights, 23 Ark. L. Rev. 619.

Procedural Due Process — Student Suspensions, 29 Ark. L. Rev. 239.

Watkins, Open Meetings Under the Arkansas Freedom of Information Act, 38 Ark. L. Rev. 268.

Case Notes

Construction.

Provisions of § 6-18-502 did not impliedly repeal former subsection (b) [see now (c)] of this section. Richie v. Board of Educ., 326 Ark. 587, 933 S.W.2d 375 (1996).

Grounds.

School directors were authorized to suspend a pupil who was drunk and disorderly in violation of a town ordinance. Douglas v. Campbell, 89 Ark. 254, 116 S.W. 211 (1909) (decision under prior law).

Right to Appeal.

Former subsection (b) of this section [see now (c)] clearly established the legal right to a hearing before the school board when a student was suspended. Richie v. Board of Educ., 326 Ark. 587, 933 S.W.2d 375 (1996).

Parent who voluntarily selected suspension as an alternative form of punishment to paddling did not forfeit the right to appeal under this section. Richie v. Board of Educ., 326 Ark. 587, 933 S.W.2d 375 (1996).

School Policy.

School adhered to its school discipline policy in fashioning a suitable consequence, which was consistent with the statute. Swindle v. Rogers Bd. of Educ., 2013 Ark. App. 416, 538 S.W.3d 211 (2013).

According to the school's policy, suspension was the minimum punishment for using profane language, as the father's son used, for repeated violations, and it was reasonable for the board to enforce this policy and suspend the son when he had been warned twice that using profane language was not appropriate; the facts of the case did not justify interference by the court. Swindle v. Rogers Bd. of Educ., 2013 Ark. App. 416, 538 S.W.3d 211 (2013).

Transfer.

A child transferred from one district to another could not be excused from past conduct in violation of the rules of the school from which he was transferred. Stephens v. Humphrey, 145 Ark. 172, 224 S.W. 442 (1920) (decision under prior law).

Wrongful Suspension.

A parent had no right to sue for damages for the unlawful suspension of his child from a public school unless he had sustained some direct pecuniary injury thereby; his remedy being by mandamus to compel the school authorities to allow his child to attend school. Douglas v. Campbell, 89 Ark. 254, 116 S.W. 211 (1909) (decision under prior law).

Cited: Fortman v. Texarkana School Dist. No. 7, 257 Ark. 130, 514 S.W.2d 720 (1974); Smith v. Little Rock Sch. Dist., 582 F. Supp. 159 (E.D. Ark. 1984).

6-18-508, 6-18-509. [Repealed.]

Publisher's Notes. These sections, concerning alternative learning environment and assessment and intervention in alternative learning environments, were repealed by Acts 2011, No. 1118, § 2. The sections were derived from the following sources:

6-18-508. Acts 1991, No. 830, § 2; 1995, No. 597, § 1; 1995, No. 1296, § 24; 1997, No. 112, § 11; 1999, No. 391, § 12; 1999, No. 1299, § 1; 2005, No. 2121, § 9; 2007, No. 617, § 13.

6-18-509. Acts 1993, No. 1287, § 1; 1995, No. 597, § 2; 1999, No. 1299, § 2; 2005, No. 2121, § 10.

6-18-510. Enrollment during expulsion — School policy.

The board of directors of any school district may adopt a policy that any person who has been expelled as a student from any other school district may not enroll as a student until the time of the person's expulsion has expired, provided that the receiving school district board of directors affords the student the opportunity for a hearing at the time the student is seeking enrollment.

History. Acts 1995, No. 472, § 1; 2019, No. 640, § 12.

Amendments. The 2019 amendment deleted “after a hearing before the board of directors” preceding “any person”, and added “provided that the receiving school district board of directors affords the student the opportunity for a hearing at the time the student is seeking enrollment”.

6-18-511. Removal by teacher.

  1. Consistent with state and federal law, a teacher may remove a student from class and send him or her to the principal's or principal's designee's office in order to maintain effective discipline in the classroom.
  2. A teacher may remove from class a student:
    1. Who has been documented by the teacher as repeatedly interfering with the teacher's ability to teach the students in the class or with the ability of the student's classmates to learn; or
    2. Whose behavior the teacher determines is so unruly, disruptive, or abusive that it seriously interferes with the teacher's ability to teach the students in the class or with the ability of the student's classmates to learn.
  3. If a teacher removes a student from class in accordance with subsection (b) of this section, the principal or his or her designee may:
    1. Place the student into another appropriate classroom, into in-school suspension, or into the district's alternative learning environment, so long as such placement is consistent with the school district's written student discipline policy;
    2. Return the student to the class; or
    3. Take other appropriate action consistent with the school district's discipline policy, state law, and federal law.
    1. If a teacher removes a student from class two (2) times during any nine-week grading period or its equivalent as determined by the Division of Elementary and Secondary Education, the principal or the principal's designee may not return the student to the teacher's class unless a conference is held for the purpose of determining the causes of the problem and possible solutions, with the following individuals present:
      1. The principal or the principal's designee;
      2. The teacher;
      3. The school counselor;
      4. The parents, guardians, or persons in loco parentis; and
      5. The student, if appropriate.
    2. The failure of the parents, guardians, or persons in loco parentis to attend the conference provided for in this subsection shall not prevent the conference from being held nor prevent any action from being taken as a result of that conference.

History. Acts 1999, No. 1281, § 1; 2019, No. 640, § 13; 2019, No. 910, § 1540.

Amendments. The 2019 amendment by No. 640 deleted “established in accordance with § 6-18-508 [repealed]” following “environment” in (c)(1).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (d)(1).

Research References

ALR.

School's Violation of Student's Substantive Due Process Rights by Suspending or Expelling Student. 90 A.L.R.6th 235.

6-18-512. Seizure of hand-held laser pointers.

Each school district shall adopt a policy providing for the seizure by school personnel of hand-held laser pointers in the possession of students.

History. Acts 1999, No. 1408, § 2.

Cross References. Possession of laser light by minor, § 5-60-122.

6-18-513. Parental notification.

  1. A school or school district shall comply with subsection (b) of this section if the school or school district with respect to a student under the age of eighteen (18):
    1. Makes a report to any law enforcement agency concerning student misconduct;
    2. Grants law enforcement personnel other than a school resource officer acting in the normal course and scope of his or her assigned duties access to a student; or
    3. Knows that a student has been taken into custody by law enforcement personnel during the school day or while under school supervision.
    1. The principal or, in the principal's absence, the principal's designee shall make a reasonable, good faith effort to notify the student's parent, legal guardian, or other person having lawful control of the student by court order or person acting in loco parentis listed on student enrollment forms of the occurrence of any of the events in subsection (a) of this section.
    2. The principal or the principal's designee shall notify the student's parent, legal guardian, or other person having lawful control of the student under an order of court or person acting in loco parentis that the student has been reported to, interviewed by, or taken into custody by law enforcement personnel.
    3. If the principal or the principal's designee is unable to reach the parent, he or she shall make a reasonable, good faith effort to get a message to the parent to call either the principal or the principal's designee and leave both a day and an after-hours telephone number.
  2. Notification required by subsection (b) of this section is not required if school personnel make a report or file a complaint based on suspected child maltreatment as required under § 12-18-401 et seq. or if a law enforcement officer, investigator of the Crimes Against Children Division of the Department of Arkansas State Police, or Department of Human Services investigator or personnel member interviews a student during the course of an investigation of suspected child maltreatment.
    1. The principal or the principal's designee shall not provide notification under subsection (b) of this section if a request is made to interview a student during the course of an investigation of suspected child maltreatment and a parent, guardian, custodian, or person standing in loco parentis is named as an alleged offender.
    2. The investigator shall provide the school with documentation that notification to the parent, guardian, custodian, or person standing in loco parentis is prohibited.
  3. Subsection (d) of this section shall only apply to interview requests made by:
    1. A law enforcement officer;
    2. An investigator of the division; or
    3. An investigator or employee of the Department of Human Services.

History. Acts 2001, No. 1217, § 1; 2005, No. 1415, § 1; 2009, No. 758, § 6; 2011, No. 613, § 1; 2011, No. 981, § 8.

Amendments. The 2009 amendment substituted “Subchapter 4 of the Child Maltreatment Act, § 12-18-101 et seq.” for “§ 12-12-507” in (c).

The 2011 amendment by No. 613 added (d) and (e).

The 2011 amendment by No. 981 substituted “§ 12-18-401” for “Subchapter 4 of the Child Maltreatment Act, § 12-18-101” in (c).

6-18-514. Antibullying policies — Definitions.

  1. The General Assembly finds that every public school student in this state has the right to receive his or her public education in a public school educational environment that is reasonably free from substantial intimidation, harassment, or harm or threat of harm by another student.
  2. As used in this section:
    1. “Attribute” means an actual or perceived personal characteristic including without limitation race, color, religion, ancestry, national origin, socioeconomic status, academic status, disability, gender, gender identity, physical appearance, health condition, or sexual orientation;
      1. “Bullying” means the intentional harassment, intimidation, humiliation, ridicule, defamation, or threat or incitement of violence by a student against another student or public school employee by a written, verbal, electronic, or physical act that may address an attribute of the other student, public school employee, or person with whom the other student or public school employee is associated and that causes or creates actual or reasonably foreseeable:
        1. Physical harm to a public school employee or student or damage to the public school employee's or student's property;
        2. Substantial interference with a student's education or with a public school employee's role in education;
        3. A hostile educational environment for one (1) or more students or public school employees due to the severity, persistence, or pervasiveness of the act; or
        4. Substantial disruption of the orderly operation of the public school or educational environment.
      2. “Bullying” includes cyberbullying as defined in this section;
    2. “Cyberbullying” means any form of communication by electronic act that is sent with the purpose to:
      1. Harass, intimidate, humiliate, ridicule, defame, or threaten a student, public school employee, or person with whom the other student or public school employee is associated; or
      2. Incite violence against a student, public school employee, or person with whom the other student or public school employee is associated;
    3. “Electronic act” means without limitation a communication or image transmitted by means of an electronic device, including without limitation a telephone, wireless phone or other wireless communications device, computer, or pager;
    4. “Harassment” means a pattern of unwelcome verbal or physical conduct relating to another person's constitutionally or statutorily protected status that causes, or reasonably should be expected to cause, substantial interference with the other's performance in the school environment; and
    5. “Substantial disruption” means without limitation that any one (1) or more of the following occur as a result of the bullying:
      1. Necessary cessation of instruction or educational activities;
      2. Inability of students or educational staff to focus on learning or function as an educational unit because of a hostile environment;
      3. Severe or repetitive disciplinary measures are needed in the classroom or during educational activities; or
      4. Exhibition of other behaviors by students or educational staff that substantially interfere with the learning environment.
  3. Bullying of a public school student or a public school employee is prohibited.
  4. If an alleged incident of bullying occurs during school hours, a public school principal or his or her designee who receives a credible report or complaint of bullying shall:
    1. As soon as reasonably practicable:
      1. Report to a parent or legal guardian of a student believed to be the victim of an incident of bullying that his or her child is the victim in a credible report or complaint of bullying; and
      2. Prepare a written report of the alleged incident of bullying;
      1. Promptly investigate the credible report or complaint.
        1. The investigation conducted under subdivision (d)(2)(A) of this section shall be completed as soon as possible but not later than five (5) school days from the date of the written report of the alleged incident of bullying as required under subdivision (d)(1)(B) of this section.
        2. Following the completion of the investigation into the alleged incident of bullying conducted under subdivision (d)(2)(A) of this section, an individual licensed as a public school district building-level administrator or his or her designee may without limitation:
          1. Provide intervention services;
          2. Establish training programs to reduce bullying;
          3. Impose discipline on any of the parties involved in the incident of bullying;
          4. Recommend counseling for any of the parties involved in the incident of bullying; or
          5. Take or recommend other appropriate action;
      1. Notify the parent or legal guardian of the student who is determined to have been the perpetrator of the incident of bullying:
        1. Upon completion of the investigation under subdivision (d)(2)(A) of this section; and
        2. Regarding the consequences of continued incidents of bullying.
      2. A parent or legal guardian of a student who is a party to an investigation of an incident of bullying conducted under subdivision (d)(2)(A) of this section is entitled within five (5) school days after the completion of the investigation, and in accordance with federal and state law, to receive information about the investigation, including without limitation:
        1. That a credible report or complaint of bullying exists;
        2. Whether the credible report or complaint of bullying was found to be true based on the investigation;
        3. Whether action was taken upon the conclusion of the investigation of the alleged incident of bullying; and
        4. Information regarding the reporting of another incident of bullying;
      1. Make a written record of the investigation and any action taken as a result of the investigation.
      2. The written record of the investigation shall include a detailed description of the alleged incident of bullying, including without limitation a detailed summary of the statements from all material witnesses to the alleged incident of bullying; and
    2. Discuss, as appropriate, the availability of counseling and other intervention services with students involved in the incident of bullying.
  5. One (1) time each school year, the superintendent of a public school district shall report to the public school district board of directors at a public hearing data regarding discipline in the public school district, including without limitation the number of incidents of bullying reported and the actions taken regarding the reported incidents of bullying.
    1. Each public school district board of directors shall adopt policies to prevent bullying.
    2. The policies shall:
        1. Clearly define conduct that constitutes bullying.
        2. The definition under subdivision (f)(2)(A)(i) of this section shall include without limitation the definition contained in subsection (b) of this section;
      1. Prohibit:
        1. Bullying while in school, on school equipment or property, in school vehicles, on school buses, at designated school bus stops, at school-sponsored activities, or at school-sanctioned events; or
          1. Cyberbullying that results in the substantial disruption of the orderly operation of the school or educational environment.
          2. This section applies to cyberbullying whether or not the cyberbullying originated on school property or with school equipment if the cyberbullying is directed specifically at students or school personnel and maliciously intended for the purpose of disrupting school and has a high likelihood of succeeding in that purpose;
      2. State the consequences for engaging in the prohibited conduct, which may vary depending on the age or grade of the student involved;
      3. Require that a school employee who has witnessed or has reliable information that a pupil has been a victim of an incident of bullying as defined by the public school district report the incident to the principal as soon as possible;
      4. Require that any person who files a credible report or makes a complaint of bullying not be subject to retaliation or reprisal in any form;
      5. Require that notice of what constitutes bullying, that bullying is prohibited, and that the consequences of engaging in bullying be conspicuously posted in every classroom, cafeteria, restroom, gymnasium, auditorium, and school bus in the district;
        1. Require that copies of the notice of what constitutes bullying, the prohibition of bullying, and the consequences of engaging in bullying be provided to parents and legal guardians, students, school volunteers, and employees of the public school annually.
        2. Each policy shall require that a full copy of the policy be made available upon request;
      6. Describe the procedures for reporting an incident of bullying and the steps school employees may take in order to address a report of an alleged incident of bullying as described in this section; and
      7. Include information on how to make an anonymous report to the school safety and crisis line under § 6-18-111.
    3. A notice of the public school district's policies shall appear in any:
      1. Publication of the public school district that sets forth the comprehensive rules, procedures, and standards of conduct for public schools within the public school district; and
      2. Student handbook.
    4. The public school district shall, to the extent required, annually conduct a reevaluation, reassessment, and review of its policies regarding the prohibition of bullying and make any necessary revisions and additions.
  6. A public school district shall provide training on compliance with the anti-bullying policies to all public school district employees responsible for reporting or investigating bullying under this section.
  7. A public school employee who has reported violations under the public school district's policy shall be immune from any tort liability that may arise from the failure to remedy the reported incident of bullying.
  8. The public school district board of directors may provide opportunities for school employees to participate in programs or other activities designed to develop the knowledge and skills to prevent and respond to acts covered by the public school district's policies.
  9. The public school district shall provide the Division of Elementary and Secondary Education with the website address at which a copy of the policies adopted in compliance with this section may be found.
  10. This section is not intended to:
    1. Restrict a public school district from adopting and implementing policies against bullying and school violence or policies to promote civility and student dignity that are more inclusive than the policies prohibiting bullying required under this section;
    2. Unconstitutionally restrict protected rights of freedom of speech, freedom of religious exercise, or freedom of assembly;
    3. Affect the provisions of any collective bargaining agreement or individual contract of employment in effect on July 24, 2019; or
    4. Alter or reduce the rights of a student with a disability with regard to disciplinary action or to general or special educational services and support.
    1. Nonpublic schools are encouraged to comply with the provisions of this section.
    2. In the case of a faith-based nonpublic school, this section shall not be interpreted to prohibit or abridge the legitimate statement, expression, or free exercise of the beliefs or tenets of any faith by the religious organization operating the school or by the school's faculty, staff, or student body.

History. Acts 2003, No. 681, § 1; 2005, No. 1437, § 1; 2007, No. 115, § 1; 2011, No. 907, § 1; 2013, No. 1073, § 31; 2019, No. 910, § 1541; 2019, No. 1029, §§ 4-6; 2019, No. 1064, § 5.

A.C.R.C. Notes. Acts 2007, No. 115, § 2, provided:

“Separability. The provisions of this Act are hereby declared to be separable and if any section or provision of this Act is determined to be invalid, such determination shall not affect the validity of any remaining section or provision of this Act.”

Acts 2019, No. 1029, § 1 provided: “Legislative findings and intent. The General Assembly finds that:

“(1) A 2016 study, ‘Indicators of School Crime and Safety,’ published by the United States Department of Justice and the United States Department of Education, reported that twenty-one percent (21%) of students twelve (12) through eighteen (18) years of age reported being bullied at school during the previous school year;

“(2) The same 2016 study also reported that about thirty-three percent (33%) of students who reported being bullied at school indicated that they were bullied at least once or twice a month during the school year;

“(3) A 2017 study by the Centers for Disease Control and Prevention, the Youth Risk Behavior Surveillance study, reported that Arkansas ranks highest in the nation for the percentage of teenagers who were bullied on school property;

“(4) The persistence of school bullying has led to instances of student suicide across the country, including Arkansas;

“(5) Significant research findings have emerged since Arkansas enacted its public school anti-bullying statutes in 2003 and its cyberbullying law in 2011;

“(6) School districts and students, parents, teachers, principals, other school staff, and school district boards of directors would benefit from the establishment of clearer standards regarding what constitutes bullying and how to prevent, report, investigate, and respond to incidents of bullying;

“(7) It is the intent of the General Assembly in enacting this legislation to strengthen the standards and procedures for preventing, reporting, investigating, and responding to incidents of bullying of students that occur on and off school property;

“(8) Fiscal responsibility requires Arkansas to take a more effective and clearer approach to eliminate school bullying by ensuring that existing resources are better managed and used to make schools safer for students; and

“(9) By strengthening the standards and procedures for the prevention, reporting, and investigation of and the response to incidents of bullying, it is the intent of the General Assembly to reduce the risk of suicide among students and avert not only the needless loss of a young life but also the tragedy that such loss causes a student’s family and the community at large.”

Amendments. The 2011 amendment deleted former (a)(2), inserted present (b)(1), (c), (d), (e)(1), (f), and (j), and redesignated the remaining subsections accordingly; substituted “this section” for “this subchapter” in the introductory language of present (b); and substituted “may address an attribute ... actual or reasonably foreseeable” for “causes or creates a clear and present danger of” at the end of present (b)(2).

The 2013 amendment rewrote (i).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (i) [now (j)].

The 2019 amendment by No. 1029 added (b)(2)(B), and redesignated former (b)(2) as (b)(2)(A); rewrote (d); inserted (e); rewrote and redesignated former (e) as (f), and redesignated the remaining subsections accordingly; added (k)(3) and (k)(4); added (l); added (m) [now (b)(3)]; and made stylistic changes.

The 2019 amendment by No. 1064 added (e)(2)(H) [now (f)(2)(I)].

Research References

ALR.

Liability of Public School or School District Under U.S. Constitution for Bullying, Harassment, or Intimidation of Student by Another Student. 98 A.L.R.6th 599 (2014).

Case Notes

Construction.

Federal district court dismissed parents' claim seeking damages from a school district and a vice principal under this section, based on allegations that the district and the vice principal failed to protect their son from attacks by other children. Although this section guaranteed public school students the right to receive their education in an environment that was reasonably free from substantial intimidation, harassment, or harm or threat of harm by other students, it did not create a private right of action. Wolfe v. Fayetteville Ark. Sch. Dist., 600 F. Supp. 2d 1011 (W.D. Ark. 2009).

Antibullying statute is unrelated to nondiscrimination laws and obligations and does not create protected classifications or prohibit discrimination on some basis. Rather, in its respective context, this section provides a nonexclusive list of attributes on which a public school student or public school employee may not be bullied at school. Protect Fayetteville v. City of Fayetteville, 2017 Ark. 49, 510 S.W.3d 258 (2017).

6-18-515. Use of personal electronic devices — Definition.

  1. As used in this section, “personal electronic device” means without limitation a:
    1. Cellular telephone;
    2. Paging device;
    3. Beeper;
    4. Mobile telephone that offers advanced computing and internet accessibility;
    5. Digital media player;
    6. Portable game console;
    7. Tablet, notebook, or laptop computer;
    8. Digital camera; and
    9. Digital video or audio recorder.
  2. A school district may establish a written student discipline policy and exemptions concerning the possession and use by a student of a personal electronic device:
    1. On school property;
    2. At an after-school activity; or
    3. At a school-related function.
  3. The policy may, without limitation:
    1. Allow or restrict the possession and use of a personal electronic device;
    2. Allow the use of a personal electronic device in school for instructional purposes at the discretion of a teacher or administrator;
    3. Limit the times or locations in which a personal electronic device may be used to make telephone calls, send text messages or emails, or engage in other forms of communication;
    4. Allow or prohibit the use of any photographic, audio, or video recording capabilities of a personal electronic device while in school;
    5. Exempt the possession or use of a personal electronic device by a student who is required to use such a device for health or another compelling reason;
    6. Exempt the possession or use of a personal electronic device after normal school hours for extracurricular activities; and
    7. Include other relevant provisions deemed appropriate and necessary by the school district.

History. Acts 2013, No. 71, § 2.

6-18-516. Effective school discipline — Definition.

  1. As used in this section, “exclusionary disciplinary actions” means out-of-school suspension and expulsion.
    1. Annually, the Division of Elementary and Secondary Education shall report at the school, school district, and state level the following data concerning exclusionary disciplinary actions, in-school suspensions, and corporal punishment:
      1. Number per one hundred (100) students for the entire population;
      2. Number per one hundred (100) students for any racial or ethnic subgroup required for accountability by the Every Student Succeeds Act, Pub. L. No. 114-95;
      3. Number per one hundred (100) students for economically disadvantaged students; and
      4. Number per one hundred (100) students for students with disabilities identified under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.
    2. The division shall report exclusionary disciplinary actions by both:
      1. Combining out-of-school suspensions and expulsions; and
      2. Separately listing out-of-school suspensions and expulsions.
  2. The division shall report the data required in subsection (b) of this section:
    1. On the website of the division to the extent that publication is consistent with the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; and
    2. In a manner that reflects historical trends and allows for the comparison of schools and school districts.
  3. The division shall:
    1. Provide school districts with resources for the best practices in effective school discipline; and
    2. Annually communicate to school districts:
      1. The availability of and how to access the data listed in subsection (b) of this section; and
      2. How to access the resources listed in subdivision (d)(1) of this section.
  4. The division, or researcher identified by the division, shall provide an annual report to the State Board of Education analyzing disciplinary infractions, disciplinary actions, and disciplinary disparities existing throughout the state.

History. Acts 2013, No. 1329, § 4; 2017, No. 1015, § 1; 2019, No. 910, §§ 1542-1546.

A.C.R.C. Notes. Acts 2013, No. 1329, § 1, provided: “LEGISLATIVE FINDINGS. The General Assembly finds that:

“(1) There are many factors that contribute to poor student performance including lost instruction time or chronic absence;

“(2) A student who has been suspended even once is less likely to graduate;

“(3) Discipline that keeps students engaged in the learning process and in the school community is more effective than discipline that interrupts the learning process and separates the student from the school community;

“(4) Out-of-school suspensions are necessary in some situations but the excessive use of out-of-school suspension as a discipline measure is harmful to the educational process; and

“(5) Disparity in discipline rates does not necessarily indicate discrimination; it can result from an ineffective school climate or from cultural strategies that are not successful in engaging the academic efforts of all students.”

Amendments. The 2017 amendment rewrote the section.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (b)(1); and substituted “division” for “department” throughout the section.

U.S. Code. The Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, as reauthorized by the Every Student Succeeds Act, Pub. L. No. 114-95, is codified as 20 U.S.C. § 6301 et seq.

Subchapter 6 — Fraternities, Sororities, Etc.

Cross References. Hazing, § 6-5-201 et seq.

Research References

Am. Jur. 67B Am. Jur. 2d, Schools, § 292.

6-18-601. Definition.

As used in this subchapter, “public school fraternity, sorority, or other secret organization or society” means any type of organization or society that fosters undemocratic practices and seeks to perpetuate itself by taking in additional members from the pupils enrolled in that school or local school system on the basis of the decision of its membership rather than upon the free choice of any pupil in the school who is qualified by the rules of the school to fill the special aims of the organization or society.

History. Acts 1929, No. 171, § 1; Pope's Dig., § 3604; A.S.A. 1947, § 80-2001.

6-18-602. Penalty.

Any person, firm, or corporation violating any of the provisions of this subchapter shall be guilty of a violation and upon conviction shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each and every offense.

History. Acts 1929, No. 171, § 7; Pope's Dig., § 3610; A.S.A. 1947, § 80-2007; Acts 2005, No. 1994, § 66.

6-18-603. Unlawful organizations.

Any public school fraternity, sorority, or other secret organization or society as defined in this subchapter is declared to be inimical to public free schools and therefore unlawful.

History. Acts 1929, No. 171, § 2; Pope's Dig., § 3605; A.S.A. 1947, § 80-2002.

6-18-604. Exclusions.

The provisions of this subchapter shall not apply to:

  1. Fraternities, sororities, or secret societies of the University of Arkansas, any state teachers' college, or other state-supported institutions of junior college rank, or rank above junior college, or senior high school students of national fraternities or sororities, nor to students of these institutions in their relation to such societies or organizations in these institutions; or
  2. Any nonsecret society or organization authorized and sponsored by the public school authorities.

History. Acts 1929, No. 171, § 6; Pope's Dig., § 3609; A.S.A. 1947, § 80-2006.

Case Notes

In General.

This section does not authorize the existence of societies, but merely exempts them from penalties otherwise provided. Isgrig v. Srygley, 210 Ark. 580, 197 S.W.2d 39 (1946).

6-18-605. Suspension or expulsion of members.

It shall be the duty of school directors and boards of education, school inspectors, and other corporate authority managing and controlling any of the public schools of the state to suspend or expel from the schools under their control any pupil who shall:

  1. Be or remain a member, promise to join, become a member, or solicit other persons to join, promise to join, or pledge to become a member of any such public school fraternity, sorority, or other secret organization or society; or
  2. Wear or display any insignia of such public school fraternity, sorority, or other secret organization or society while in and attending public schools.

History. Acts 1929, No. 171, § 3; Pope's Dig., § 3606; A.S.A. 1947, § 80-2003.

Case Notes

Validity of Rules.

School board rules preventing students who were members of secret groups from receiving school honors or participating in school activities were within the powers of the board. Isgrig v. Srygley, 210 Ark. 580, 197 S.W.2d 39 (1946).

6-18-606. Soliciting pledges.

It shall be unlawful from and after the passage of this act for any person not enrolled in a public school of this state to solicit any pupil enrolled in a public school of this state to join or pledge himself or herself to become a member of a public school fraternity, sorority, or other secret organization or society, or to solicit any such pupil to attend a meeting thereof or any meeting in which the joining of any public school fraternity, sorority, or other secret organization or society shall be encouraged.

History. Acts 1929, No. 171, § 4; Pope's Dig., § 3607; A.S.A. 1947, § 80-2004.

Publisher's Notes. In reference to the term “passage of this act,” Acts 1929, No. 171 was signed by the Governor on March 22, 1929, and became effective on June 13, 1929.

6-18-607. Reference to unlawful organizations in publications.

It shall be unlawful for any public newspaper, periodical, or other publication to designate in its columns public school fraternity, sorority, or other secret organization or society as defined in § 6-18-601, or refer to such public school fraternity, sorority, or other secret organization or society in any published reference as a public school fraternity, sorority, or other secret organization or society.

History. Acts 1929, No. 171, § 5; Pope's Dig., § 3608; A.S.A. 1947, § 80-2005.

Subchapter 7 — Health

Effective Dates. Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1983, No. 150, § 3: Feb. 11, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that in some rare instances children have serious adverse reactions to the mandatory pertussis immunizations required for admittance into public and private schools of this State; that in such cases, for fear of an hereditary factor being involved, the siblings of such children should not be required to risk such serious adverse reactions by submitting to the pertussis immunizations; that present law does not make provision for such rare occurrences; and that this Act is immediately necessary to protect the health of such children. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 1181, § 44: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1991 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1991 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1993, No. 1173, § 42: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1993 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1993 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 1999, No. 1222, § 21: Apr. 8, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that it is essential to the effective and efficient administration of the Child Care Licensing program that the responsibility for reviewing appeals be placed in the Child Care Appeal Review Panel under the Department of Human Services, as soon as possible and that this act is designed to accomplish this purpose and should be given effect immediately. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval of the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 999, § 4[5]: Apr. 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the federal District Courts for the Eastern and Western Districts of Arkansas have held the state's school immunization statute to be unconstitutional, that the courts have stayed the effect of the finding, that if the stay is lifted before this act becomes effective, some students will be excluded from school attendance. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 935, § 2: Apr. 2, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the work of the Public School Health Services Advisory Committee is ongoing; that a delay in the ability for the committee to continue its work would be detremental to the public school students in the state; and that this act is immediately necessary to allow the school nurse survey to be administered before the next school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 752, § 23: July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2019 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2019 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2019”.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Am. Jur. 67B Am. Jur. 2d, Schools, § 341 et seq.

C.J.S. 78A C.J.S., Schools, § 1004 et seq.

Case Notes

Vaccination.

School law did not impliedly repeal powers of State Board of Health regarding requirement of vaccination for school children. Seubold v. Ft. Smith Special School Dist., 218 Ark. 560, 237 S.W.2d 884 (1951).

6-18-701. Physical examinations — Individualized healthcare plans.

  1. The board of directors of a school district may appoint and provide for the payment of at least one (1) physician or nurse and assign the physician or nurse to the public schools of the district for the purpose of making physical examinations of the public school students as may be prescribed in the rules of the State Board of Education.
  2. The nature of the examination shall be only to detect contagious or infectious diseases or any defect of sight, hearing, or function or condition of health that may prevent a pupil from receiving the full benefit of school work.
  3. The physician or nurse appointed under subsection (a) of this section shall make examinations for contagious or infectious disease, including without limitation the teeth and mouth, whenever the examination may be deemed necessary and make examination for other defects at least one (1) time in each school year, preferably at or near the beginning of the year.
  4. In a city, town, or county where the health authorities provide for the physical examination of public school students as provided in this section, the examination may not be made by any school physician or school nurse.
    1. A public school student may be excused from the examination under this section on presentation of a certificate from a reputable physician that the physician has recently examined the public school student or on presentation of a written statement of the public school student's parent or guardian that the parent or guardian objects to the examination of his or her child or ward.
    2. However, subdivision (e)(1) of this section does not apply in the case of a public school student suspected of having a contagious or infectious disease.
    1. A public school student with special healthcare needs, including without limitation a student who has a chronic illness, is considered medically fragile, or who is dependent on technology, shall have an individualized healthcare plan that is developed in collaboration with the school nurse.
    2. An invasive medical procedure required by the public school student and provided at the public school shall be performed by trained and licensed, licensed healthcare provider who is licensed to perform the task under § 17-87-102(10)(D) or other professional licensure statutes, unless otherwise permissible under § 17-87-103(10) and (11).
    3. A regular classroom teacher shall not perform tasks under subdivision (f)(2) of this section, except as otherwise permissible under § 6-18-711(c).
    4. Custodial healthcare services required by a public school student under an individualized healthcare plan shall be provided by trained school employees other than the regular classroom teacher.

History. Acts 1931, No. 169, § 193; Pope's Dig., § 11635; A.S.A. 1947, § 80-1219; Acts 2019, No. 315, § 252; 2019, No. 757, § 35.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (a).

The 2019 amendment by No. 757 added “Individualized healthcare plans” to the section heading; rewrote (a); in (b), deleted “such as” following “only”, and substituted “that may prevent a” for “tending to prevent any”; rewrote (c) and (d); deleted former (e); rewrote former (f) and redesignated it as (e); and added (f).

6-18-702. Immunization.

  1. Except as otherwise provided by law, no infant or child shall be admitted to a public or private school or childcare facility of this state who has not been age-appropriately immunized from poliomyelitis, diphtheria, tetanus, pertussis, red (rubeola) measles, rubella, and other diseases as designated by the State Board of Health, as evidenced by a certificate of a licensed physician or a public health department acknowledging the immunization.
    1. The responsibility for the enforcement of this section rests equally with each school district of this state and the parent or guardian of the child or pupil, and each of them shall be separately and individually liable for permitting any violation of this section.
      1. The Division of Child Care and Early Childhood Education shall be responsible for enforcing this section with respect to childcare facilities.
      2. The division may promulgate appropriate rules, to be approved by the Arkansas Early Childhood Commission, for the enforcement of this section.
      3. The owners or managers of those facilities and any parent or guardian violating the rules shall be subject to the penalties provided in the Child Care Facility Licensing Act, § 20-78-201 et seq.
      1. A public or private school shall create and maintain a report that provides information regarding the:
        1. Number of students within the public or private school who have been granted from the Department of Health under subsection (d) of this section an exemption from the requirement to obtain one (1) or more vaccinations as required under this section; and
        2. Percentage of students within the public or private school who have been granted from the Department of Health under subsection (d) of this section an exemption from the requirement to obtain one (1) or more vaccinations as required under this section.
      2. The report required under subdivision (b)(3)(A) of this section shall:
        1. Be updated by December 1 of each year;
        2. Be posted and available to the public online;
        3. Include the number of students within the public or private school who have:
          1. Failed to provide to the public or private school proof of the vaccinations required under this section; and
          2. Not obtained an exemption from the Department of Health under this section; and
        4. Include the percentage of students within the public or private school who have:
          1. Failed to provide to the public or private school proof of the vaccinations required under this section; and
          2. Not obtained an exemption from the Department of Health under this section.
            1. (A)(i) The division shall be responsible for enforcing this section with respect to childcare facilities.
              1. Regarding kindergarten through grade twelve (K-12), the State Board of Education, after having consulted with the State Board of Health, shall promulgate appropriate rules for the enforcement of this section by school district boards of directors, superintendents, and principals.
              2. Any school official, parent, or guardian violating the rules shall be subject to the penalties imposed in this section.
            1. (A) The State Board of Health shall promulgate rules to ensure that all exemptions provided by this section shall have a minimal effect on the health and safety of all children attending day care or kindergarten through grade twelve (K-12).
            2. The Department of Health, and no other department or entity, shall grant exemptions provided by this section.
            3. If in the discretion of the health authority having jurisdiction or of any physician licensed to practice by the Arkansas State Medical Board any person to whom this section applies shall be deemed to have a physical disability that may contraindicate vaccination, a certificate to that effect issued by the health officer may be accepted in lieu of a certificate of vaccination, provided that the exemption shall not apply when the disability shall have been removed.
              1. This section shall not apply if the parents or legal guardian of that child object thereto on the grounds that immunization conflicts with the religious or philosophical beliefs of the parent or guardian.
              2. The parents or legal guardian of the child shall complete an annual application process developed in the rules of the Department of Health for medical, religious, and philosophical exemptions.
              3. The rules developed by the Department of Health for medical, religious, and philosophical exemptions shall include, but not be limited to:
              4. No exemptions may be granted under this subdivision (d)(4) until the application process has been implemented by the Department of Health and completed by the applicant.
            4. Furthermore, the provisions of this section requiring pertussis vaccination shall not apply to any child with a sibling, either whole blood or half blood, who has had a serious adverse reaction to the pertussis antigen, which reaction resulted in a total permanent disability.
          3. Any person found guilty of violating this section or the rules promulgated by the State Board of Education or the division for the enforcement of this section shall be guilty of a violation and upon conviction shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each offense.

(ii) The division may promulgate appropriate rules for the enforcement of this section.

(B) The owners or managers of those facilities and any parent or guardian violating the rules shall be subject to the penalties provided in the Child Care Facility Licensing Act, § 20-78-201 et seq.

(B) The rules shall provide for, but are not limited to, the tracking of those children with exemptions so that appropriate steps may be taken in the event of an outbreak or epidemic.

(i) A notarized statement requesting a religious, philosophical, or medical exemption from the Department of Health by the parents or legal guardian of the child regarding the objection;

(ii) Completion of an educational component developed by the Department of Health that includes information on the risks and benefits of vaccination;

(iii) An informed consent from the parents or guardian that shall include a signed statement of refusal to vaccinate based on the Department of Health's refusal-to-vaccinate form; and

(iv) A signed statement of understanding that:

(a) At the discretion of the Department of Health, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and

(b) The child or individual shall not return to school until the outbreak has been resolved and the Department of Health approves the return to school.

History. Acts 1967, No. 244, §§ 1-3; 1973, No. 633, § 1; 1983, No. 150, § 1; A.S.A. 1947, §§ 80-1548 — 80-1550; Acts 1997, No. 871, § 1; 1999, No. 1222, §§ 1, 2; 2003, No. 999, § 1; 2005, No. 1994, § 185; 2019, No. 315, §§ 253-259; 2019, No. 676, § 2.

A.C.R.C. Notes. Acts 2019, No. 676, § 1, provided: “Legislative intent. The General Assembly finds that:

“(1) Forty-six (46) states throughout the United States allow exemptions based on religious or philosophical beliefs to vaccination requirements for public and private school students;

“(2) Continued allowance for exemptions to vaccination requirements for public and private school students creates the opportunity for outbreaks of a number of preventable diseases, which poses a nationwide health crisis; and

“(3) Reasonable steps should be taken in order to fully inform parents and legal guardians of public and private school students regarding the number and percentage of students within a public or private school who have been granted exemptions from or have failed to fulfill the requirement to obtain certain vaccinations in order to attend public or private school in Arkansas.”

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (b)(2)(B), (c)(1)(A)(ii), (c)(2)(A), (d)(1)(A), (d)(4)(B), and in the introductory language of (d)(4)(C); and substituted “rules” for “regulations” in (b)(2)(C), (c)(1)(B), (c)(2)(B), and (e).

The 2019 amendment by No. 676 added (b)(3).

Research References

Ark. L. Rev.

Note, A Bad Reaction: A Look at the Arkansas General Assembly's Response to McCarthy v. Boozman and Boone v. Boozman, 58 Ark. L. Rev. 251.

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, Immunization Requirements, 26 U. Ark. Little Rock L. Rev. 384.

Case Notes

Constitutionality.

The religious exemption from compulsary immunization provided in this section clearly violates the Establishment and Free Exercise Clauses of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment, because the exemption benefits only those who are members or adherents of a church or religious denomination recognized by the state. McCarthy v. Boozman, 212 F. Supp. 2d 945 (W.D. Ark. 2002) (decided under former version of section). See also Boone v. Boozman, 217 F. Supp. 2d 938 (E.D. Ark. 2002).

Certificate.

An exemption certificate must be issued by the health authority or a licensed physician. Heard v. Payne, 281 Ark. 485, 665 S.W.2d 865 (1984).

A chiropractor is not a physician within the context of this section and consequently an exemption certificate signed by a chiropractor did not meet the requirements of this section. Heard v. Payne, 281 Ark. 485, 665 S.W.2d 865 (1984).

Cited: Allred v. Ark. Dep't of Corr. Sch. Dist., 322 Ark. 772, 912 S.W.2d 4 (1995).

6-18-703. School-based health clinics.

        1. No school-based health clinic may be established in a public school until requested by resolution by the school district board of directors, and no child shall receive school-based health clinic services without parental consent.
        2. Parental consent to contraceptive services and condom distribution shall be specific, in writing, and maintained in the student's health records.
        1. All school-based clinics shall maintain accurate records of the distributing and prescribing of contraceptives and condoms.
        2. The number of pregnancies and sexually transmitted diseases among students in the schools with school-based clinics shall be transmitted annually to the school district board of directors.
        3. Records maintained under this section are part of the confidential medical record of the student.
        4. Numerical or statistical data required to be maintained under this subsection may not be released in a manner that reveals the identity of or any other information contained in the file of the student.
    1. If the board of directors establishes a school-based health clinic, the board of directors shall retain absolute control over the operations and programs offered by the clinic.
    2. Schools that offer sex education in school-based health clinics shall include instruction in sexual abstinence, and no funds shall be utilized for abortion referral.
  1. When any local school district board of directors elects to maintain a school-based health clinic in the school, any Department of Health employee working in the clinic shall be subject to the supervision and control of the school district board of directors.
    1. No state funds shall be used for the purchase or dispensing of contraceptives or abortifacients in public schools.
    2. Local school district boards of directors retain the sole authority over whether and to what extent family planning education is provided in clinics, including any purchase or distribution of contraceptives.
    3. Notice of family planning clinic intentions by a school district shall be given thirty (30) days in advance of a public meeting of the school district board of directors.
    1. It is hereby recognized that sexual activity by students places our youths at increased risk of pregnancy and the contraction of acquired immune deficiency syndrome and other sexually transmitted diseases, and it is the policy of the State of Arkansas to discourage such sexual activity.
    2. The school district board of directors of every school district that associates itself with distributing, recommending, or prescribing condoms or contraceptives shall adopt a resolution acknowledging that there are risks associated with teen sexual activities.
    3. It is further required that every public school and public health department sex education and acquired immune deficiency syndrome prevention program shall emphasize premarital abstinence as the only sure means of avoiding pregnancy and the sexual contraction of acquired immune deficiency syndrome and other sexually transmitted diseases.
  2. State funds shall not be used for abortion referrals or abortion services in public schools.

History. Acts 1991, No. 1035, § 1; 1991, No. 1181, §§ 30, 36, 38; 1993, No. 1173, § 36; 2019, No. 752, § 18.

Amendments. The 2019 amendment added (e).

6-18-704. [Repealed.]

Publisher's Notes. This section, concerning school nurses, was repealed by Acts 2003 (2nd Ex. Sess.), No. 67, §§ 1, 2. The section was derived from Acts 1991, No. 1106, §§ 1, 2; 1993, No. 294, § 12; 1997, No. 1342, § 1.

A.C.R.C. Notes. The repeal of this section by Acts 2003 (2nd Ex. Sess.), No. 67, §§ 1, 2, superseded the amendment of this section by Acts 2003 (2nd Ex. Sess.), No. 41, § 1. The amendment by Acts 2003 (2nd Ex. Sess.), No. 41, § 1, increased the ratio of required school nurses to students.

6-18-705. Breakfast program.

    1. Beginning with the 1991-1992 school year, any schools located in a school district in which forty percent (40%) or more of the students enrolled in the school on October 1 of the preceding school year were eligible for free or reduced-price meals shall establish a school breakfast program.
    2. Beginning with the 1992-1993 school year, any schools located in a school district in which thirty-five percent (35%) or more of the students enrolled in the school on October 1 of the preceding school year were eligible for free or reduced-price meals shall establish a school breakfast program.
    3. Beginning with the 1993-1994 school year, any schools located in a school district in which twenty percent (20%) or more of the students enrolled in the school on October 1 of the preceding school year were eligible for free or reduced-price meals shall establish a school breakfast program.
  1. Nothing in this section shall be interpreted to prevent a school district not covered herein from implementing a school breakfast program or to prevent a school district from implementing a school breakfast program during an earlier year than required under this section.
  2. The Division of Elementary and Secondary Education may promulgate rules necessary for implementation of this section in compliance with federal regulations and guidelines.
      1. The State Board of Education may grant a one-year waiver of the requirements of this section to a school covered by this section that lacks facilities or equipment to offer a school breakfast program and in which the acquisition of such by the district would work an extreme hardship during the required year.
      2. However, such waiver shall expire and may not be renewed at the beginning of the following school year.
    1. In any high school under the requirements of this section, if fifty percent (50%) or more of the eligible students refuse to participate in the school breakfast program during any year of the program as demonstrated by sufficient proof to the division, the state board may grant a waiver from the requirements of this section to the high school.
  3. The division is hereby authorized to withhold state equalization aid from any school district that fails to comply with the provisions of this section.

History. Acts 1991, No. 826, § 1; 1991, No. 1127, § 1; 1999, No. 391, § 13; 2019, No. 315, § 260; 2019, No. 910, §§ 1547-1549.

Amendments. The 2019 amendment by No. 315, in (c), deleted “and regulations” following “rules” and inserted “regulations and” following “federal”.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c); and substituted “division” for “department” in (d)(2) and (e).

6-18-706. School nurse — Definition.

  1. In order to improve the health status and educational achievement of the children of this state, the General Assembly hereby determines that an appropriate school nurse-to-student ratio is essential to effectively meet the healthcare needs of these children.
  2. For purposes of this section, “school nurse” means a licensed nurse engaging in school nursing activities.
    1. Beginning with the 2004-2005 school year, all school districts shall have no fewer than the full-time equivalent of one (1) school nurse per seven hundred fifty (750) students or the proportionate ratio thereof.
    2. In districts having a high concentration of children with disabling conditions as determined by the State Board of Education, the ratio of school nurses to students should be one (1) to four hundred (400) in those schools so designated.
    3. In a district that provides a center for profoundly disabled students, the ratio should be one (1) school nurse per one hundred twenty-five (125) students at that center.
    1. School nurses may be employed or provided by contract or agreement with other agencies or individuals provided that the prescribed ratio and equivalency are maintained.
    2. However, no school nurse may be employed by, or contract with, any public secondary or elementary school of this state except with the prior approval of the local school district board of directors.
    1. The provisions of this section shall be effective only upon the availability of state funds.
    2. Available funds shall be distributed to school districts based on the previous year's three-quarter average daily membership.

History. Acts 2003 (2nd Ex. Sess.), No. 67, § 3.

6-18-707. Prescription asthma inhaler or auto-injectable epinephrine — Definitions.

  1. This section shall be known and may be cited as “Alex's Law”.
  2. As used in this section:
      1. “Medication” means a drug as that term is defined in 21 U.S.C. § 321(g) of the Federal Food, Drug and Cosmetic Act as in existence on January 1, 2005.
      2. “Medication” includes inhaled bronchodilators and auto-injectable epinephrine; and
    1. “Self-administration” means a person's discretionary use of a medication pursuant to a prescription or written direction from a licensed healthcare practitioner.
    1. The Division of Elementary and Secondary Education shall develop guidelines for use in school districts that allow a student to carry and use an asthma inhaler or auto-injectable epinephrine, or both, while in school, at an on-site school-sponsored activity, or at an off-site school-sponsored activity.
      1. The procedure shall include at a minimum the following provisions:
        1. The parent or guardian of a student who needs to carry an asthma inhaler or auto-injectable epinephrine, or both, shall provide the school with written authorization for the student to carry an asthma inhaler or auto-injectable epinephrine, or both, on his or her person for use while in school, at an on-site school-sponsored activity, or at an off-site school-sponsored activity; and
        2. The authorization shall be valid only for the duration of the school year at the school that the student is attending at the time the authorization is provided. The authorization must be renewed for each school year or if the student changes schools in order for the student to carry an asthma inhaler or auto-injectable epinephrine, or both, on his or her person.
      2. The parent or guardian of a student who needs to carry an asthma inhaler or auto-injectable epinephrine, or both, shall provide the school with appropriate medical documentation, which shall include:
        1. Evidence that the asthma inhaler or auto-injectable epinephrine, or both, have been prescribed by a healthcare practitioner with prescriptive privileges;
        2. Evidence that the student needs to carry the asthma inhaler or auto-injectable epinephrine, or both, on his or her person due to a medical condition; and
        3. A copy of an individualized healthcare plan for the student.
      3. All medical documentation provided with regard to a student who carries an asthma inhaler or auto-injectable epinephrine, or both, shall be kept on file at the school the student attends in a location that is readily accessible in the event of an asthma or anaphylaxis emergency.
      4. A student's asthma inhaler or auto-injectable epinephrine, or both, shall be supplied by the student's parent or guardian and shall be stored and transported in its original prescription-labeled container.
      5. The student shall demonstrate to the healthcare practitioner who wrote the prescription and the school nurse, if the school nurse is available, the skill level and responsibility necessary to use and administer the asthma inhaler or auto-injectable epinephrine, or both.
        1. A student with asthma is not required by this section or any related rule or school procedure to carry the student's asthma inhaler or auto-injectable epinephrine, or both, on his or her person.
        2. If a student with asthma does not carry the student's asthma inhaler or auto-injectable epinephrine, or both, on his or her person, then the student's parent or guardian shall provide the school with appropriate medication in the event of an asthma or anaphylaxis emergency, which shall be immediately available to the student in an emergency.
      6. A student who carries the student's asthma inhaler or auto-injectable epinephrine, or both, on his or her person may provide the school with appropriate medication in the event of an asthma or anaphylaxis emergency, which shall be immediately available to the student in an emergency.
      7. A student is prohibited from sharing, transferring, or in any way diverting his or her own medications to any other person.
    1. A school district, school district employee, or agent of a school district is not liable for injury to a student caused by his or her use of a prescription inhaler or self-administration of medication.
      1. Regardless of whether or not a student's parents have signed a waiver of liability, when a school nurse or a school district or public charter school employee who holds a certificate under subsection (f) of this section administers an epinephrine auto-injector to a student whom the school nurse or a school district or public charter school employee in good faith professionally believes is having an anaphylactic reaction or when a school nurse or a school district or public charter school employee administers albuterol to a student who the school nurse or a school district or public charter school employee in good faith professionally believes is in perceived respiratory distress, the following persons are immune from any damage, loss, or liability as a result of an injury arising from the administration of an epinephrine auto-injector or albuterol:
        1. The school district or public charter school;
        2. The employees and agents of the school district or public charter school; and
        3. A physician providing a standing protocol or prescription for epinephrine auto-injectors or albuterol maintained at a school.
      2. This subdivision (d)(2) does not provide immunity from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of a person in administering an epinephrine auto-injector or albuterol to a student under this section.
    1. A school district or public charter school shall adopt a policy to authorize a school nurse or a school district or public charter school employee to:
      1. Provide an epinephrine auto-injector or albuterol to a student that meets the prescription on file or any personnel who holds a certificate under subsections (f) and (g) of this section to administer an epinephrine auto-injector or albuterol to the student;
      2. Administer an epinephrine auto-injector or albuterol that meets the prescription on file to a student who has an individualized healthcare plan that authorizes the use of an epinephrine auto-injector or albuterol;
      3. Administer an epinephrine auto-injector to a student who the school nurse or a school district or public charter school employee who holds a certificate under subsection (f) of this section in good faith professionally believes is having an anaphylactic reaction; and
      4. Administer albuterol to a student who the school nurse or a school district or public charter school employee in good faith professionally believes is in perceived respiratory distress.
    2. A school nurse shall administer an epinephrine auto-injector or albuterol under a standing protocol from a physician licensed to practice medicine in this state.
    3. A school nurse who receives a supply of epinephrine auto-injectors under § 20-13-405 for use at a public school shall maintain the supply of epinephrine auto-injectors at the school in a locked, secure location.
    4. Each school district and public charter school shall develop a health plan to implement a certificate from a licensed physician under subsections (f) and (g) of this section.
    1. A licensed physician shall issue a certificate under the Insect Sting and Other Allergic Reactions Emergency Treatment Act, § 20-13-401 et seq., authorizing a school nurse or a school district or public charter school employee who is trained in the administration of epinephrine to possess and administer epinephrine.
    2. The certificate shall specify the circumstances under which epinephrine may be administered.
    1. A physician who is licensed to practice medicine in this state, an advanced practice registered nurse, or a physician assistant may issue a certificate authorizing a school nurse or a school district or public charter school employee who is trained in the administration of albuterol to possess and administer albuterol.
    2. A school district or public charter school may:
      1. Acquire and stock a supply of albuterol as authorized by subdivision (g)(1) of this section; and
      2. Enter into agreements with manufacturers of albuterol to obtain the albuterol free of charge or at fair market or reduced prices.
    3. A school district or public charter school shall designate an employee trained in the possession and administration of albuterol to be responsible for the storage, maintenance, and distribution of albuterol stocked by the school.

History. Acts 2005, No. 1694, § 1; 2013, No. 757, § 1; 2013, No. 1437, § 1; 2019, No. 190, § 2; 2019, No. 851, §§ 1, 2; 2019, No. 910, §§ 1550, 1551.

Amendments. The 2013 amendment by No. 757 added (e).

The 2013 amendment by No. 1437 added (f)-(h).

The 2019 amendment by No. 190 deleted “prepared in accordance with § 6-18-1005 and any related rules of the department” from the end of (c)(2)(B)(iii).

The 2019 amendment by No. 851 added (d)(2) and redesignated former (d) as (d)(1); in the introductory language of (e)(1), substituted “shall adopt a policy to” for “may” and inserted “or a school district or public charter school employee”; rewrote (e)(1)(A) and (e)(1)(C); inserted “or albuterol” in (e)(1)(B) twice and in (e)(2); added (e)(1)(D); deleted former (e)(4), the introductory language of (f), and (f)(1); rewrote and redesignated former (f)(2) as (e)(4); deleted former (g); redesignated former (h) as (f); added (g); and made stylistic changes.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c)(1); and substituted “division” for “department” in (c)(2)(B)(iii).

6-18-708. Health and safety in public schools.

  1. A school district shall develop procedures concerning student physical activity in its public schools that include without limitation the recognition and management of the following events or conditions that may be encountered by a student during athletic training and physical activities:
    1. A concussion, dehydration, or other health emergency;
    2. An environmental issue that threatens the health or safety of students;
    3. A communicable disease; and
    4. A sudden cardiac arrest.
    1. Every three (3) years as part of the requirements for professional development, a person employed by a school district as an athletics coach shall complete training on the events and conditions identified in subsection (a) of this section.
    2. The training may include a component on best practices for a coach to educate parents of students involved in athletics on sports safety.
    1. Beginning with the 2019-2020 school year, a person employed by a school district as an athletics coach who fails to meet the requirements of subdivision (b)(1) of this section shall not be eligible to coach an athletic activity until the training requirements are met.
    2. If a person fails to meet the requirements of subdivision (b)(1) of this section and continues to coach an athletic activity, the school district shall:
      1. For the first violation, suspend the person from coaching an athletic activity until training requirements are met;
      2. For the second violation, suspend the person from coaching an athletic activity for the remainder of the athletic season and the next athletic season; and
      3. For the third violation, permanently suspend the person from coaching an athletic activity.

History. Acts 2011, No. 1214, § 1; 2017, No. 1013, § 2.

A.C.R.C. Notes. Acts 2017, No. 1013, § 1, provided: “Title. This act shall be known and may be cited as the ‘Sudden Cardiac Arrest Prevention Act’.”

Amendments. The 2017 amendment added (a)(4); and added (c).

6-18-709. Annual reports of school nurse statistics required.

Annually, by August 31, a school district shall report the following to the Division of Elementary and Secondary Education:

  1. The number of full-time nurses employed by the school district;
  2. The number of part-time nurses employed by the school district;
  3. The number of full-time nurses with whom the school district contracts for service;
  4. The number of part-time nurses with whom the school district contracts for service;
  5. The level of licensure of each nurse working in the school district;
  6. The highest degree obtained for each nurse working in the school district;
  7. The amount of pay, including without limitation the source of funding, for each nurse working in the school district; and
  8. The number of students in the school district that are in each nursing acuity level as follows:
    1. Level 1 for students with occasional health concerns and routine health screenings at a ratio of one (1) school nurse per seven hundred fifty (750) students;
    2. Level 2 for students with healthcare concerns and those that require an individualized healthcare plan at a ratio of one (1) school nurse per four hundred (400) students;
    3. Level 3 for students with medically complex conditions at a ratio of one (1) school nurse per two hundred twenty-five (225) students;
    4. Level 4 for students with medically fragile conditions at a ratio of one (1) school nurse per one hundred twenty-five (125) students; and
    5. Level 5 for students that are nursing dependent at a ratio of one (1) school nurse per one (1) student.

History. Acts 2013, No. 414, § 2; 2015, No. 935, § 1; 2019, No. 692, § 8; 2019, No. 757, § 36; 2019, No. 910, §§ 1552-1558.

A.C.R.C. Notes. Acts 2013, No. 414, § 1, provided: “FINDINGS. The General Assembly finds that:

“(1) A major goal of public education is to assist all students in reaching their full academic potential. In this regard, school nurses:

“(A) Are instrumental in the early detection of health problems that can interfere with learning or that lead to more serious or disabling health conditions;

“(B) Prevent disease by teaching and encouraging healthy lifestyles and habits that have lifelong implications for children and their families;

“(C) Provide valuable health services including administering medications and care management necessary for students who have chronic or episodic health conditions and disabilities;

“(D) Care for students who incur injuries at school including injuries that require medical attention;

“(E) Assist families and students in accessing health care and community health services; and

“(F) Provide direct health services and professional advice to teachers and staff members regarding health problems and concerns;

“(2) Schools are being asked to play an increasingly expanded role in protecting the health of our children. In this regard, school nurses:

“(A) Are responsible for monitoring the immunization of children, evaluating hearing and vision of children, screening for scoliosis, and providing appropriate referrals for positive findings;

“(B) Apply the nursing process of assessment, planning, intervention, and evaluation to implement medically-ordered treatments so that chronically ill children are able to attend school;

“(C) Administer prescription medications required to be given to children during the school day;

“(D) Identify and report child abuse;

“(E) Identify drug and alcohol problems;

“(F) Provide counseling and assistance for teenage parents;

“(G) Provide HIV/AIDS education; and

“(H) Respond to emergency situations in which students must be assessed and in which emergency medications are often required;

“(3) There is a shortage of funded professional registered nurse positions in schools resulting in the disparity of on-campus health care services being provided to students; and

“(4) A study should be conducted concerning the provision of better on-campus health care services for Arkansas public school children to inform the General Assembly so that it may determine the best policy for the state.”

Pursuant to Acts 2019, No. 692, § 18, the amendment to the introductory language of subsection (g) of this section (now the introductory language of the section) by Acts 2019, No. 692, § 8, is superseded by the amendment to this section by Acts 2019, No. 757, § 36.

Acts 2019, No. 692, § 18, provided: “CONSTRUCTION AND LEGISLATIVE INTENT. It is the intent of the General Assembly that:

“(1) The enactment and adoption of this act shall not expressly or impliedly repeal an act passed during the regular session of the Ninety-Second General Assembly;

“(2) To the extent that a conflict exists between an act of the regular session of the Ninety-Second General Assembly and this act:

“(A) The act of the regular session of the Ninety-Second General Assembly shall be treated as a subsequent act passed by the General Assembly for the purposes of:

“(i) Giving the act of the regular session of the Ninety-Second General Assembly its full force and effect; and

“(ii) Amending or repealing the appropriate parts of the Arkansas Code of 1987; and

“(B) Section 1-2-107 shall not apply; and

“(3) This act shall make only technical, not substantive, changes to the Arkansas Code of 1987.”

Amendments. The 2015 amendment, in the introductory language of (a)(1), substituted “twenty-four (24) members” for “nineteen (19) members” and added “including one (1) member of the Senate appointed by the Chair of the Senate Committee on Education and one (1) member of the House of Representatives appointed by the Chair of the House Committee on Education”; substituted “Child and Adolescent Health Section of the Department of Health” for “Department of Health, Child and Adolescent Health” in (a)(2)(D); substituted “Office of Minority Health and Health Disparities of the Department of Health” for “Department of Health, Office of Minority Health and Health Disparities” in (a)(2)(E); substituted “Six (6) members” for “Five (5) members” in the introductory language of (a)(3)(A); rewrote (a)(3)(A)(iv) and (v); added (a)(3)(A)(vi); updated the internal reference in (a)(3)(G); added (a)(3)(J) and (K); substituted “2017” for “2014” in (a)(4); substituted “a study and annual review” for “a one-year study” in the introductory language of (b); added (b)(7) and (8); added “including documentation and communications through health information technology” in (c)(6); substituted “Annually, beginning September 1, 2015” for “By September 1, 2014” in (d); in (f)(1), inserted “and from nurses employed by public school districts” and added “in collaboration with the Department of Health”; rewrote (f)(2)(A); and added (g) and (h).

The 2019 amendment by No. 692 substituted “Annual reports of school nurse statistics required” for “Public School Health Services Advisory Committee” in the section heading; deleted former (a) through (f) and (h); removed the former (g) designation; and substituted “On July 1 of each year, each” for “Annually, beginning on July 1, 2015, a” in the introductory language.

The 2019 amendment by No. 757 substituted “by August 31” for “beginning on July 1, 2015” in the introductory language of (g) [now the introductory language of the section]; and inserted “without limitation the” in (g)(7) [now (7)].

The 2019 amendment by No. 910 substituted “Secretary of the Department of Health” for “Director of the Department of Health” in the introductory language of (a)(2); substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in the introductory language of (a)(3); and substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout the section.

6-18-710. Student athlete concussion education — Definition.

    1. As used in this section, “youth athletic activity” means an organized athletic activity in which the participants, a majority of whom are under nineteen (19) years of age are:
      1. Engaged in an athletic game or competition against another team, club, or entity; or
      2. In practice or preparation for an organized athletic game or competition against another team, club, or entity.
    2. “Youth athletic activity” does not include a college or university activity or an activity that is incidental to a nonathletic program.
  1. The General Assembly finds that:
      1. Concussion is one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities.
      2. The Centers for Disease Control and Prevention estimates that as many as three million nine hundred thousand (3,900,000) sports-related and recreation-related concussions occur in the United States each year.
      3. A concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull.
      4. The risk of catastrophic injuries or death is significant when a concussion or head injury is not properly evaluated and managed;
      1. Concussion is a type of brain injury that can range from mild to severe and can disrupt the way the brain normally works.
      2. Concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other, the ground, or with obstacles.
      3. Concussions can occur with or without loss of consciousness, but the vast majority occur without loss of consciousness;
    1. Continuing to participate in a youth athletic activity after sustaining a concussion or exhibiting symptoms of head injury leaves the youth athlete especially vulnerable to greater injury and even death;
    2. Despite the existence of generally recognized return-to-play standards for concussion and head injury, some affected youth athletes are prematurely returned to play, resulting in a risk of further physical injury or death to youth athletes in the State of Arkansas;
    3. The Arkansas Activities Association is a recognized national leader in the development and implementation of concussion protocols for student athletes in grades seven through twelve (7-12); and
    4. It is necessary to establish concussion protocols substantially similar to those developed and implemented by the Arkansas Activities Association to protect all student athletes in Arkansas.
  2. The Department of Health shall develop concussion protocols substantially similar to those developed and implemented by the Arkansas Activities Association to protect all youth athletes engaged in youth athletic activities in Arkansas.
  3. Guidelines developed under this section shall include:
    1. Pertinent information and forms to inform and educate coaches, youth athletes, and the parents or guardians of youth athletes of the nature and risks of concussions and head injuries, including the risks of continuing to play after a concussion or head injury;
    2. A requirement that the person operating a youth athletic activity annually shall distribute a concussion and head injury information sheet to each person who intends to participate in the youth athletic activity;
    3. A requirement that a person shall not participate in a youth athletic activity unless the person returns the information sheet signed by the person and, if he or she is under eighteen (18) years of age, by his or her parent or guardian; and
      1. A requirement that a youth athlete who is suspected of sustaining a concussion or who has had an injury in a game, an activity, or a practice for a game shall be removed from the game, activity, or practice at that time.
        1. A youth athlete who has been removed under this subdivision (d)(4) shall not return to play until the athlete is evaluated by a licensed healthcare provider trained in the evaluation and management of concussions and receives written clearance to return to play from that healthcare provider.
          1. The healthcare provider may be a volunteer.
          2. A volunteer under subdivision (d)(4)(B)(ii)(a) of this section who authorizes a youth athlete to return to play is not liable for civil damages resulting from any act or omission in the rendering of care other than acts or omissions constituting gross negligence or willful or wanton misconduct.

History. Acts 2013, No. 1435, § 1.

6-18-711. Administration of medication for diabetes.

  1. Upon written request of a parent or guardian of a student with diabetes and authorization by the treating physician of the student, a student in the classroom, in another area designated at the school, on school grounds, or at a school-related activity may:
    1. Perform blood glucose checks;
    2. Administer insulin through the insulin delivery system the student uses;
    3. Treat hypoglycemia and hyperglycemia; and
    4. Possess on his or her person the necessary supplies and equipment to perform diabetes monitoring and treatment functions.
  2. A student shall have access to a private area to perform diabetes monitoring and treatment functions upon request of the parent or guardian of a student, as outlined in the student's health plan.
  3. A public school employee may volunteer to be trained to administer and may administer glucagon to a student with Type 1 diabetes in an emergency situation as permitted under § 17-87-103(11).

History. Acts 2015, No. 833, § 1; 2019, No. 757, § 37.

Amendments. The 2019 amendment added (c).

6-18-712. Posting Child Abuse Hotline telephone number in public schools and open-enrollment charter schools.

  1. Each public school and open-enrollment charter school shall post a sign that contains the toll-free telephone number for the Child Abuse Hotline established by the Department of Human Services and the Division of Arkansas State Police under § 12-18-301.
    1. The sign in subsection (a) of this section shall be:
      1. Placed in a clearly visible location in the school;
      2. Placed in a public area of the school that is readily accessible to students;
      3. Legible in English and in Spanish; and
      4. Formatted in a manner that is clear, simple, and understandable to students and in compliance with the requirements under subsection (c) of this section.
    2. In addition to the requirements listed under subdivision (b)(1) of this section, each school shall post the sign in each male or female student restroom in the school in a manner that allows for private access to the information by a student.
  2. The information contained on the sign shall:
    1. Be presented on a poster at least eleven inches by seventeen inches (11" x 17") in size;
    2. Be presented in large print;
    3. Be placed at eye level to the student for easy viewing;
    4. Display the Child Abuse Hotline number in bold print;
    5. Contain instructions to call 911 for emergencies; and
    6. Contain directions for accessing the website of the Division of Children and Family Services for more information on reporting abuse, neglect, and exploitation.
    1. The Division of Elementary and Secondary Education shall administer the requirements under this section.
    2. The Division of Elementary and Secondary Education may adopt rules in compliance with this section to carry out the requirements under this section.

History. Acts 2017, No. 379, § 1; 2019, No. 910, §§ 1559, 1560.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a); and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (d)(1) and (d)(2).

6-18-713. Student sudden cardiac arrest education — Definition.

    1. As used in this section, “athletic activity” means an organized athletic activity that is sponsored or associated with a school and in which the participants, a majority of whom are under nineteen (19) years of age are:
      1. Engaged in an athletic game or competition against another team, club, or entity; or
      2. In practice or preparation for an organized athletic game or competition against another team, club, or entity.
    2. As used in this section, “athletic activity” includes without limitation:
      1. Interscholastic athletics;
      2. Cheerleading, whether or not the cheerleading is competitive;
      3. Club-sponsored sports activities; and
      4. Sports activities sponsored by school-affiliated organizations.
  1. The Division of Elementary and Secondary Education shall develop guidelines and other relevant materials to inform and educate school officials, teachers, athletic coaches, students, and parents about the nature and warning signs of sudden cardiac arrest, including the risks associated with continuing to participate in or practice an athletic activity when experiencing any of the following symptoms:
    1. Fainting or seizures during exercise;
    2. Unexplained shortness of breath;
    3. Chest pain;
    4. Dizziness;
    5. Racing heart beat; or
    6. Extreme fatigue.
  2. A school may hold an informational meeting before the start of each athletic activity season regarding the symptoms and warning signs of sudden cardiac arrest for the following individuals:
    1. Student competitors of all ages;
    2. Parents or legal guardians;
    3. Coaches and athletic trainers;
    4. Healthcare professionals, including without limitation physicians and pediatric cardiologists; and
    5. Other school officials.
  3. Before participation in an athletic activity and before each school year while participating in an athletic activity, a student and the parent or legal guardian of the student shall sign and return an acknowledgement of receipt and review of an information sheet regarding sudden cardiac arrest.
    1. If a student faints or loses consciousness while participating in or immediately following an athletic activity, the athletic director, coach, or athletic trainer shall remove the student from participation in the athletic activity at that time.
      1. If a student exhibits any symptom as described in subdivisions (b)(2) through (b)(6) of this section while participating in or immediately following an athletic activity and an athletic trainer reasonably believes that the symptom is cardiac-related, the athletic trainer may remove the student from participation in the athletic activity at that time.
      2. A coach who observes a student exhibiting any symptom as described in subdivisions (b)(2) through (b)(6) of this section while participating in or immediately following an athletic activity shall notify the parent or legal guardian of the student's symptom.
    2. A student who is removed from participation in an athletic activity shall not be permitted to return to participation in an athletic activity until the student is evaluated and cleared for return to participation in writing by a licensed medical physician in the State of Arkansas.
    3. A coach, athletic director, school nurse, or athletic trainer acting in good faith under this section is not liable for any action or inaction unless the coach, athletic director, school nurse, or athletic trainer is acting in a grossly negligent or reckless manner.
  4. All sponsors of youth athletic activities are encouraged to follow the guidelines developed by the Department of Health.

History. Acts 2017, No. 1013, § 3; 2019, No. 910, § 1561.

A.C.R.C. Notes. Acts 2017, No. 1013, § 1, provided: “Title. This act shall be known and may be cited as the ‘Sudden Cardiac Arrest Prevention Act’.”

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b).

6-18-714. Use of sunscreen.

  1. A student may possess and use a topical sunscreen to avoid overexposure to the sun without written authorization from a parent, legal guardian, or healthcare professional while on school property or at a school-related event or activity if the sunscreen is approved by the United States Food and Drug Administration for over-the-counter use.
  2. A member of school personnel may assist a student in the application of sunscreen with the permission of a parent or guardian.
  3. This section does not:
    1. Require a member of school personnel to assist a student in the application of sunscreen; or
    2. Create any liability or immunity for a school or a member of school personnel.
  4. The Division of Youth Services is exempt from this section.

History. Acts 2019, No. 247, § 2.

A.C.R.C. Notes. Acts 2019, No. 247, § 1, provided: “Legislative findings and intent.

“(a) The General Assembly finds that:

“(1) Cancer is the second leading cause of death in Arkansas;

“(2) Skin cancer, the most common form of cancer in the United States:

“(A) Is caused by overexposure to ultraviolet light; and

“(B) Can be prevented by protecting skin from ultraviolet light;

“(3) Melanoma of the skin is the most dangerous form of skin cancer;

“(4) According to American Cancer Society estimates, approximately sixteen thousand one hundred thirty (16,130) Arkansans will be diagnosed with cancer in 2018, with six hundred seventy (670) of those individuals likely to be diagnosed with melanoma of the skin;

“(5) Approximately six thousand nine hundred ten (6,910) Arkansans are estimated to die due to cancer in 2018;

“(6) The Centers for Disease Control and Prevention recommends protecting skin from ultraviolet light by:

“(A) Staying in the shade;

“(B) Wearing:

“(i) Clothing that covers the wearer's arms and legs;

“(ii) A hat with a wide brim to shade the wearer's face, head, ears, and neck; and

“(iii) Sunglasses that wrap around the wearer's eye area and block ultraviolet light; and

“(C) Using sunscreen with a sun protection factor of fifteen (SPF 15) or higher with broad spectrum protection from long-wave ultraviolet A (UVA) and short-wave ultraviolet B (UVB) rays;

“(7) The Centers for Disease Control and Prevention also recommends applying sunscreen with a sun protection factor of fifteen (SPF 15) or higher before going outside;

“(8) Research presented by the Centers for Disease Control and Prevention indicates that even one (1) blistering sunburn during childhood or adolescence can increase a person's chance of developing melanoma of the skin;

“(9)(A) Sunscreen is categorized as an over-the-counter drug by the United States Food and Drug Administration.

“(B) Many state policies address and restrict administration and use of over-the-counter drugs at school;

“(10) Among high school students, only thirteen percent (13%) of girls and seven percent (7%) of boys reported in 2013 that they routinely used a sunscreen with a sun protection factor of fifteen (SPF 15) or higher when they were outside for more than one (1) hour on a sunny day;

“(11) Several states, including Alabama, Louisiana, Oklahoma, and Texas, have enacted legislation to address the student use of sunscreen in schools; and

“(12) Schools can provide additional protections to the children of this state without creating additional costs.

“(b) It is the intent of the General Assembly to allow the use of sunscreen in schools without a physician authorization.”

6-18-715. Hunger-Free Students' Bill of Rights Act — Definition.

  1. This section shall be known and may be cited as the “Hunger-Free Students' Bill of Rights Act”.
  2. As used in this section, “school” means a tax-supported kindergarten through grade twelve (K-12) public school that participates in the United States Department of Agriculture National School Lunch Program.
  3. A school shall not:
    1. Provide a student requesting a meal or snack under this section a meal or snack that is different from the meal or snack being provided to other students in the school; or
    2. Prevent a student from accessing the school's meal or snack services.
  4. If a student owes money for a meal or snack that is in excess of the amount charged a student for five (5) lunches, or another amount as determined by the student's school district, a school may contact the parent or guardian of the student to:
    1. Attempt collection of the owed money; and
    2. Request that the parent or guardian apply for meal benefits in a federal or state child nutrition program.
  5. If a student is unable to pay for a meal or snack or owes money for a meal or snack, a school shall not:
    1. Require the student to wear a wristband;
    2. Give the student a hand stamp;
    3. Require the student to dispose of a meal or snack after the student is served the meal or snack;
    4. Require the student to sit in a location separate from other students;
    5. Publicly make known the name of the student; or
    6. Perform any other action that may stigmatize the student.
    1. The Child Nutrition Unit shall:
      1. Implement a system for reviewing the local practices of public school district food service programs to determine the support needed by public school districts; and
      2. Provide model policies that public school districts may adopt.
    2. The system of review established under subdivision (f)(1)(A) of this section shall address areas regarding without limitation:
      1. Ideas, innovations, and best practices for providing meals to vulnerable populations that contribute to the health and well-being of public school students;
      2. Resources and strategies for improving the nutritional quality and appeal of meals;
      3. Tips for implementing best practices;
      4. Methods for informing parents and legal guardians of a public school district's meal charge policies; and
      5. Plans for recovering costs for meal charges.

History. Acts 2019, No. 428, § 1.

6-18-716. Distribution of excess food — Definition.

    1. As used in this section, “excess food” means any food that remains after a school has served breakfast and lunch to students during a school day.
    2. “Excess food” does not include any food that has expired, been opened, or been consumed.
  1. A public school or an open-enrollment public charter school may distribute excess food to students enrolled in the public school or open-enrollment public charter school.
    1. The method by which a public school or open-enrollment public charter school distributes excess food shall be established by the public school or open-enrollment public charter school in accordance with the United States Department of Agriculture and the United States Food and Drug Administration requirements and guidelines for the distribution of excess food and in consultation with the Department of Health guidelines.
    2. A public school or open-enrollment public charter school may develop a policy describing the process for distributing excess food under this section, saving excess food for later consumption, or donating excess food.

History. Acts 2019, No. 602, § 1.

Subchapter 8 — School Safety Patrols

6-18-801 — 6-18-804. [Repealed.]

Publisher's Notes. This subchapter, concerning school safety patrols, was repealed by Acts 2017, No. 745, § 26. The subchapter was derived from the following sources:

6-18-801. Acts 1965, No. 13, § 1; A.S.A. 1947, § 80-4401.

6-18-802. Acts 1965, No. 13, § 4; A.S.A. 1947, § 80-4404; Acts 1999, No. 1078, § 74.

6-18-803. Acts 1965, No. 13, § 2; A.S.A. 1947, § 80-4402.

6-18-804. Acts 1965, No. 13, §§ 3, 5; A.S.A. 1947, §§ 80-4403, 80-4405; Acts 2005, No. 1994, § 186.

Subchapter 9 — Student Records

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-18-901. Maintenance of permanent student records.

  1. The Division of Elementary and Secondary Education, at the direction of the State Board of Education and in cooperation with any other appropriate state agencies, shall develop and publish an itemized listing of all information to be maintained in a student's permanent record during enrollment in a school district in this state.
  2. The permanent student record shall include all information concerning educational programming including statewide student assessments required under the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.
  3. Each school district shall maintain a permanent student record for each student.
      1. A copy of the permanent student record shall be provided to the receiving school district upon the transfer of a student to another district.
      2. The school district shall provide the copy of the student's permanent student record to the receiving school district within ten (10) school days after the date a request from the receiving school district is received.
      3. The school district shall not fail or refuse to provide a copy of the student's permanent student record to the receiving school district because the student owes money to the school district for school-related charges, including without limitation charges for:
        1. Food services;
        2. Unreturned library books; or
        3. Fees.
    1. Upon request by the Division of Youth Services, a copy of the education record, as defined by rules promulgated by the Division of Elementary and Secondary Education, shall be transmitted to the Division of Youth Services within ten (10) school days.
  4. The permanent student record shall be maintained by each school district until the student receives a high school diploma or its equivalent or is beyond the age for compulsory attendance under § 6-18-201.
  5. Nothing in this section shall be construed to prevent the maintenance of a permanent student record by electronic database provided that a copy of the record can be produced for transmittal to another district upon the transfer of the student.

History. Acts 1991, No. 355, § 1; 2005, No. 1998, § 1; 2007, No. 1573, § 26; 2017, No. 936, § 50; 2019, No. 315, § 261; 2019, No. 910, §§ 1562, 1563.

Amendments. The 2017 amendment substituted “including statewide student assessments required under the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.” for “provided a student who fails to achieve mastery level performance on all administrations of the basic competency tests required under the Arkansas Comprehensive Testing, Assessment, and Accountability Program Act, § 6-15-401 et seq.” in (b).

The 2019 amendment by No. 315 substituted “rules” for “regulations” in (d)(2).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a) and (d)(2); and substituted “Division of Youth Services” for “division” in (d)(2).

Subchapter 10 — Public School Student Services Act

6-18-1001 — 6-18-1009. [Repealed.]

A.C.R.C. Notes. The repeal of § 6-18-1005 by Acts 2019, No. 190, § 3, superseded the amendment of § 6-18-1005 by Acts 2019, No. 1091, § 2. The amendment by Acts 2019, No. 1091 deleted subdivision (a)(7) and made technical changes.

The repeal of §§ 6-18-1004, 6-18-1007, and 6-18-1008 by Acts 2019, No. 190, § 3, superseded the amendment of those sections by Acts 2019, No. 910, §§ 1564-1566. The amendments by Act 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” and “division” for “department” and deleted obsolete provisions.

Publisher's Notes. This subchapter, concerning the Public School Student Services Act, was repealed by Acts 2019, No. 190, § 3, effective July 24, 2019. The subchapter was derived from the following sources:

6-18-1001. Acts 1991, No. 908, § 1.

6-18-1002. Acts 1991, No. 908, § 2.

6-18-1003. Acts 1991, No. 908, § 8.

6-18-1004. Acts 1991, No. 908, §§ 4, 5; 1997, No. 1275, § 1; 2005, No. 1949, § 1; 2019, No. 910, § 1564.

6-18-1005. Acts 1991, No. 908, §§ 3, 6; 1997, No. 1275, § 2; 1999, No. 1565, § 1; 2003, No. 681, § 2; 2005, No. 1757, § 2; 2005, No. 1949, § 2; 2007, No. 1573, §§ 27, 28; 2011, No. 1172, § 1; 2011, No. 1204, § 2; 2015, No. 1115, § 6; 2017, No. 745, § 27; 2019, No. 1091, § 2.

6-18-1006. Acts 1991, No. 908, §§ 4, 7.

6-18-1007. Acts 1993, No. 1313, § 38; 1995, No. 1196, § 29; 1997, No. 112, § 12; 1997, No. 1275, § 3; 1999, No. 391, § 14; 2019, No. 910, § 1565.

6-18-1008. Acts 1997, No. 1362, § 30; 2019, No. 910, § 1566.

6-18-1009. Acts 2005, No. 1949, § 3.

For current law, see § 6-18-2001 et seq.

Subchapter 11 — Elementary School Fundraising

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-18-1101. Legislative findings and declarations.

The General Assembly hereby finds that the door-to-door selling of fund-raising merchandise by elementary school children should be conducted with adult supervision. Accordingly, it is the intent of the General Assembly by this subchapter to further ensure the well-being of public school students throughout the State of Arkansas.

History. Acts 1993, No. 525, § 1.

6-18-1102. Definitions.

As used in this subchapter:

  1. “Adult” means a person age sixteen (16) years or older and approved by the parent;
  2. “Door-to-door sales” means the selling of merchandise outside of the child's home and off the school grounds;
  3. “Elementary school student” means a child in kindergarten through grade six (K-6);
  4. “Fund-raising companies” means businesses, including mail order companies, that assist schools in raising funds in return for a share of all money taken in;
  5. “Parent” means a parent or legal guardian; and
  6. “School” means a school or school-sponsored organization such as a parent-teacher association (PTA) or booster club.

History. Acts 1993, No. 525, § 2.

6-18-1103. Penalty.

  1. Failure by a district school to comply with the provisions of this subchapter shall result in a ban on all fund-raising activities by the school for one (1) school year.
  2. Failure by a fund-raising company to comply with the provisions of this subchapter shall result in a ban on conducting fund-raising programs with the participating schools for one (1) school year.

History. Acts 1993, No. 525, § 5.

6-18-1104. Procedure for participation.

  1. Schools must provide written notification of the following to parents of all elementary school students who participate in fundraising programs:
    1. Student participation in fundraising programs is voluntary;
    2. Students who do not participate will not forfeit any school privileges;
    3. Students may not participate in fundraising programs without written parental permission returned to school authorities;
    4. An elementary school student who sells fundraising merchandise door to door must be accompanied by a parent or an adult; and
    5. Unless the school provides supervision, parents must accept responsibility for appropriate adult supervision.
  2. A one-page form for parental notification and permission shall be developed by the Division of Elementary and Secondary Education in cooperation with school administrators and the Arkansas Parent Teacher Association.
    1. Fundraising companies shall incorporate a safety instructional component as part of all fundraising programs used by schools.
    2. A fundraising company shall have discretion in selecting the methods used to communicate safety.

History. Acts 1993, No. 525, § 3; 2019, No. 910, § 1567.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b).

6-18-1105. [Repealed.]

Publisher's Notes. This section, concerning certification that schools have met fund-raising requirements, was repealed by Acts 2007, No. 1573, § 58. The section was derived from Acts 1993, No. 525, § 4.

Subchapter 12 — Arkansas Student Publications Act

6-18-1201. Title.

This subchapter shall be known and cited as the “Arkansas Student Publications Act”.

History. Acts 1995, No. 1109, § 1.

6-18-1202. Written policy.

Each school district board of directors shall adopt rules in the form of a written student media policy developed in conjunction with the student media advisors and the appropriate school administrators, consistent with the other provisions of this subchapter, which shall include reasonable provisions for the time, place, and manner of distributing school-sponsored media.

History. Acts 1995, No. 1109, § 2; 2019, No. 912, § 1.

Amendments. The 2019 amendment substituted “media policy” for “publications policy”, “media advisors” for “publication advisors”, and “school-sponsored media” for “student publications”.

6-18-1203. Students' right of expression.

  1. Student media policies shall recognize that students may exercise their right of expression guaranteed by United States Constitution, Amendment 1.
    1. This right includes expression in school-sponsored media, whether such student media are supported financially by the school or by use of school facilities, or are produced in conjunction with a class, except as provided in § 6-18-1204.
      1. Expression made by a student journalist in student media is not the expression of a school district's policy.
      2. The following individuals shall not be held responsible in any civil or criminal action for any expression made or published by a student journalist in student media unless the individual interfered with, altered, or made substantial decisions with respect to the content of the student expression:
        1. A public school district official; and
        2. A member of a public school district board of directors.

History. Acts 1995, No. 1109, § 3; 2019, No. 912, § 1.

Amendments. The 2019 amendment, in (a), inserted “media” following “Student” and substituted “guaranteed by the First Amendment to the Constitution of the United States” for “within the framework outlined in § 6-18-1202”; added the (b)(1) designation; in (b)(1), substituted “school-sponsored media” for “school-sponsored publications” and substituted “student media are” for “publications are”; and added (b)(2).

6-18-1204. Prohibited publications.

Student publications policies shall recognize that truth, fairness, accuracy, and responsibility are essential to the practice of journalism, and that the following types of student media by student journalists are not authorized:

  1. Student media that are obscene as to minors, as defined by state law;
  2. Student media that are libelous or slanderous, as defined by state law;
  3. Student media that constitute an unwarranted invasion of privacy, as defined by state law;
  4. Student media that so incite students as to create:
    1. A clear and present danger of the commission of unlawful acts on school premises;
    2. The violation of lawful school rules; or
    3. The material and substantial disruption of the orderly operation of the school; and
  5. Student media that harass, threaten, or intimidate a student.

History. Acts 1995, No. 1109, § 4; 2019, No. 912, § 1.

Amendments. The 2019 amendment substituted “student media” for “publications” throughout the section; substituted “student journalists” for “students” in the introductory language; and added (5).

Research References

ALR.

Invasion of Privacy by Use of Plaintiff's Name or Likeness in Advertising — Purported Endorsement of Product or Services, 17 A.L.R.7th Art. 2 (2018).

6-18-1205. Definitions.

As used in this subchapter:

  1. “Student journalist” means a student who gathers, writes, edits, photographs, records, videotapes, or prepares information for dissemination in student media;
    1. “Student media” means any means of communication that are:
      1. Prepared, substantially written, published, or broadcasted by a student;
      2. Distributed or generally made available, either free of charge or for a fee, to members of the student body; and
      3. Prepared under the direction of a student media advisor.
    2. “Student media” does not include media that is intended for distribution or transmission solely in the classroom in which it is produced; and
  2. “Student media advisor” means an individual who is employed, appointed, or designated by a public school district to supervise or provide instruction with respect to student media.

History. Acts 2019, No. 912, § 2.

Subchapter 13 — Parental Authorization of Questionnaires Act

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-18-1301. Title.

This subchapter shall be known as the “Parental Authorization of Questionnaires Act”.

History. Acts 2003, No. 1100, § 1.

6-18-1302. Definitions.

As used in this subchapter:

  1. “Personal identifying information” means:
    1. A student's name;
    2. The name of a student's parent or a member of the student's family;
    3. The address, telephone number, or email address of a student or a member of the student's family;
    4. A personal identification number such as a Social Security number, driver's license number, or student identification number of a student or a member of the student's family; or
    5. Any information, the disclosure of which is regulated or prohibited by any other state law, state rule, federal law, or federal regulation;
  2. “Public school” means any school operated by a public school district or any open-enrollment public charter school, as defined in § 6-23-103;
  3. “Public school district” means a local school district, as defined in § 6-20-303 [repealed]; and
    1. “Questionnaire or survey” means a list or group of questions, responses to which are provided to a person or an entity other than a public school, a public school district, the Division of Elementary and Secondary Education, or any branch of the United States Government.
    2. “Questionnaire or survey” does not include:
      1. Tests mandated by state law, state rule, federal law, or federal regulation; or
      2. Standardized scholastic achievement tests.

History. Acts 2003, No. 1100, § 1; 2019, No. 315, §§ 262, 263; 2019, No. 910, § 1568.

A.C.R.C. Notes. Former § 6-20-303 [repealed] defined “local school district” as follows: “(16) ‘Local school district’ means a geographic area with an elected board of directors which qualifies as a taxing unit for purposes of ad valorem property taxes under Title 26 of this Code and which board conducts the daily affairs of public schools pursuant to the supervisory authority vested in it by the General Assembly;”.

Amendments. The 2019 amendment by No. 315 substituted “state law, state rule, federal law, or federal regulation” for “state or federal law or regulation” in (1)(E) and (4)(B)(i).

The 2019 amendment by No. 910, in (4)(A), substituted “Division of Elementary and Secondary Education” for “Department of Education” and made a stylistic change.

6-18-1303. Questionnaires or surveys administered in public schools.

  1. A public school or public school district shall not administer or permit to be administered a questionnaire or survey that requests or requires a student to supply any personal identifying information unless written permission is obtained from the student's parent or legal guardian before the administration of the questionnaire or survey.
  2. To obtain written permission to administer a questionnaire or survey that requests or requires a student to supply any personal identifying information, the public school or public school district must give the student's parent or legal guardian an opportunity to review the questionnaire or survey and must give the parent or guardian written notice specifying:
    1. How the questionnaire or survey will be administered to the student;
    2. How the results of the questionnaire or survey will be utilized; and
    3. The persons or entities that will have access to the results of the completed questionnaire or survey.
  3. A student's parent or legal guardian may refuse to allow the student to participate in any specified questionnaire or survey.

History. Acts 2003, No. 1100, § 1.

Subchapter 14 — Family Resource Centers Act

6-18-1401 — 6-18-1409. [Repealed.]

Publisher's Notes. This subchapter, concerning the Family Resource Centers Act, was repealed by Acts 2013, No. 1155, § 17. The subchapter was derived from the following sources:

6-18-1401. Acts 2003 (2nd Ex. Sess.), No. 68, § 1.

6-18-1402. Acts 2003 (2nd Ex. Sess.), No. 68, § 1.

6-18-1403. Acts 2003 (2nd Ex. Sess.), No. 68, § 1.

6-18-1404. Acts 2003 (2nd Ex. Sess.), No. 68, § 1.

6-18-1405. Acts 2003 (2nd Ex. Sess.), No. 68, § 1;.

6-18-1406. Acts 2003 (2nd Ex. Sess.), No. 68, § 1; 2009, No. 376, § 37.

6-18-1407. Acts 2003 (2nd Ex. Sess.), No. 68, § 1.

6-18-1408. Acts 2003 (2nd Ex. Sess.), No. 68, § 1.

6-18-1409. Acts 2003 (2nd Ex. Sess.), No. 68, § 1.

Subchapter 15 — Mandated Eye and Vision Screening Procedures and Tests for Children

Effective Dates. Acts 2005, No. 1438, § 6: Mar. 31, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Commission on Eye and Vision Care of School Age Children expires at the end of the current state fiscal year; that the commission is called upon to undertake new responsibilities with regard to eye and vision screenings for school age children that cannot be completed within that time frame; that this act is immediately necessary because any delay in the effective date of this act would work irreparable harm on the ability of the commission to carry out its responsibilities that are designed to benefit Arkansas school children and enhance their learning opportunities. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-18-1501. Vision screenings.

        1. Beginning with the 2006-2007 school year, all children in prekindergarten (preK), kindergarten (K), grades one (1), two (2), four (4), six (6), and eight (8) and all transfer students shall receive an eye and vision screening.
        2. This requirement applies to public schools and public charter schools.
        1. The Division of Elementary and Secondary Education shall ensure the provision of all general revenues necessary to access federal funds for eye and vision screenings for all qualified federal healthcare program recipients.
        2. The school district shall be responsible for all remaining costs associated with eye and vision screenings.
      1. Nothing in this subchapter shall preclude voluntary screening of any educational grade or preclude the referral of any child regardless of grade who the teacher or school nurse feels should be screened or examined.
    1. The responsibility for the enforcement of this section rests equally with each school district or public charter school and the parent or guardian of the child.
  1. An eye and vision screening shall include the following tests, procedures, equipment, and instruments approved by the Arkansas Commission on Eye and Vision Care of School-Age Children and the division:
    1. Observation and external inspection of the eye;
    2. Distance visual acuity test using a Snellen eye chart at twenty feet (20') or an age or developmentally appropriate chart at ten feet (10') outside a vision screening instrument;
    3. A plus lens visual acuity test using a Snellen eye chart at twenty feet (20') or an age or developmentally appropriate chart at ten feet (10') outside a vision screening instrument; and
    4. Visual screening instrument tests, which include:
      1. Lateral muscle balance test at far;
      2. Vertical muscle balance test at far;
      3. Fusion or binocularity at far;
      4. Lateral muscle balance test at near;
      5. Fusion or binocularity at near; and
      6. Color perception.
  2. A child who fails an eye and vision screening shall be rescreened within one (1) month of the initial screening by the school nurse or a school vision care consultant.
    1. An eye and vision screening report shall be sent or given to each parent or guardian of each child who has failed the vision screening test.
    2. The report shall identify whether the child passed or failed the screening and the need for a comprehensive eye and vision examination.
    3. The report shall be mailed or given directly to the parent or guardian by the appropriate school personnel and shall comply with all applicable privacy laws.

History. Acts 2005, No. 1438, § 1; 2019, No. 910, §§ 1569, 1570.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1)(B)(i); and substituted “division” for “department” in the introductory language of (b).

6-18-1502. Eye exams.

    1. A child who does not pass the eye and vision screening tests, except for the color perception test, shall be required to have a comprehensive eye and vision examination conducted by an optometrist or ophthalmologist within sixty (60) days of receipt of the vision screening report identifying the need for the examination.
    2. The parent or guardian of the child shall be responsible for ensuring that the child receives the appropriate eye and vision examination.
    1. If a child does not receive an appropriate examination, as evidenced by a certificate signed by an optometrist or ophthalmologist acknowledging the examination, then the public school or public charter school where the child is registered shall report the child to the Division of Elementary and Secondary Education.
    2. The local school district shall take such action as necessary to encourage that the child receive an appropriate examination.
  1. A child who has had a comprehensive eye and vision examination conducted by an optometrist or ophthalmologist within six (6) months of an eye and vision screening is not required to have another examination if the parent or guardian of the child presents evidence of a comprehensive eye and vision examination in the form of a certificate signed by an optometrist or ophthalmologist acknowledging the examination.

History. Acts 2005, No. 1438, § 1; 2019, No. 910, § 1571.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(1).

6-18-1503. Forms.

  1. Standardized forms for eye and vision screening reports shall be developed by the Division of Elementary and Secondary Education in conjunction with the Arkansas Commission on Eye and Vision Care of School-Age Children and adopted by the division in rules promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
  2. The standardized forms shall include:
    1. A screening form;
    2. A parent notification form;
    3. A doctor report form;
    4. A form to report the results of screening and examination; and
    5. Any other forms deemed necessary by the commission.
  3. Every public school and public charter school shall use the standardized forms for eye and vision screening reports.

History. Acts 2005, No. 1438, § 1; 2019, No. 315, § 264; 2019, No. 910, § 1572.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in (a).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” and “division” for “department” in (a).

6-18-1504. Training.

The Division of Elementary and Secondary Education, in conjunction with the Arkansas Commission on Eye and Vision Care of School-Age Children, shall adopt rules that establish standards for training school nurses to perform eye and vision screenings.

History. Acts 2005, No. 1438, § 1; 2019, No. 315, § 265; 2019, No. 910, § 1573.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations”.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education”.

6-18-1505. [Repealed.]

Publisher's Notes. This section, concerning the contents of eye and vision screening reports, was repealed by Acts 2007, No. 1573, § 59. The section was derived from Acts 2005, No. 1438, § 1.

6-18-1506. Consultant.

Each school district is encouraged to select one (1) or more optometrists or ophthalmologists to serve as nonpaid eye and vision care consultants to provide advice and assistance with eye and vision screenings and examinations.

History. Acts 2005, No. 1438, § 1.

Subchapter 16 — Universal ACT Assessment Program Act

Effective Dates. Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 1462, § 9: July 1, 2014. Effective date clause provided: “This act is effective on July 1, 2014.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-18-1601. Title.

This subchapter shall be known and may be cited as the “Universal ACT Assessment Program Act”.

History. Acts 2007, No. 881, § 1; 2013, No. 1462, § 1.

Amendments. The 2013 amendment deleted “Voluntary” preceding “Universal”.

6-18-1602. Definitions.

As used in this subchapter:

  1. “ACT Assessment” means a test of student educational development that measures student readiness for future learning and that may be used by institutions of higher education as part of their admissions, placement, and scholarship processes and by high schools to improve college and workforce readiness; and
  2. “Smart Core” means:
    1. The college and career readiness curriculum by that name under the rules of the State Board of Education; or
    2. A college and career readiness curriculum that is:
      1. Established by rules of the state board in coordination with the Division of Higher Education; and
      2. Substituted for the curriculum named “Smart Core”.

History. Acts 2007, No. 881, § 1; 2009, No. 1469, § 8; 2013, No. 1462, § 2; 2019, No. 910, § 1574.

Amendments. The 2009 amendment substituted “Smart Future” for “Next Step” in (2).

The 2013 amendment rewrote (2).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (2)(B)(i).

6-18-1603. Creation.

There is created in the Division of Elementary and Secondary Education the Universal ACT Assessment Program to be developed, implemented, and administered by the division as provided in this subchapter.

History. Acts 2007, No. 881, § 1; 2013, No. 1462, § 3; 2019, No. 910, § 1575.

Amendments. The 2013 amendment deleted “Voluntary” preceding “Universal”.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” and “division” for “department”.

6-18-1604. Purpose.

The purpose of the Universal ACT Assessment Program is to:

  1. Improve the college readiness of all students in grade eleven (11);
  2. Prevent or minimize the continued remediation of nearly fifty percent (50%) of all students entering Arkansas institutions of higher education in one (1) or more subjects because they do not meet the college readiness score of nineteen (19) or higher on the ACT Assessment;
  3. Advance the number of students, including students of low income, English-language learners, and minority students, taking the ACT Assessment while in grade eleven (11) to increase the number of first-generation college students;
  4. Increase the college participation rates among all racial and ethnic groups;
  5. Improve preparation for college and the workforce;
  6. Improve the course selection patterns of high school students;
  7. Increase the early identification of college-ready students;
  8. Support students participating in the Smart Core by providing a baseline for their college and workforce readiness and an opportunity to benefit from earlier remediation or course selection review; and
  9. Provide a link between what students have learned, what they need to learn, and what is necessary in order to be college or workforce ready or both by providing expectations and measuring their progress.

History. Acts 2007, No. 881, § 1; Acts 2013, No. 1462, § 4; 2019, No. 692, § 9.

Amendments. The 2013 amendment deleted “Voluntary” preceding “Universal”.

The 2019 amendment deleted “such as the College Preparatory Enrichment Program” following “remediation” in (8).

6-18-1605. Smart Core and ACT Assessment.

  1. The General Assembly finds that students who take the recommended Smart Core courses or students who take additional courses after completing the Smart Core continue to perform better on the ACT Assessment than students who take less than the recommended core.
  2. The recommended core courses according to ACT Assessment officials include:
    1. Four (4) years or more of English;
    2. Three (3) years or more of mathematics;
    3. Three (3) years or more of social studies; and
    4. Three (3) years or more of natural sciences.

History. Acts 2007, No. 881, § 1.

6-18-1606. Implementation.

  1. Beginning with the 2017-2018 school year, the Universal ACT Assessment Program may provide each student in grades nine (9), ten (10), eleven (11), or twelve (12) with the opportunity to take the ACT Assessment while in grades nine (9), ten (10), eleven (11), or twelve (12) without any charge by using school district funding, including National School Lunch Act funds, 42 U.S.C. § 1751 et seq., to pay for the exams as approved by the Division of Elementary and Secondary Education.
  2. A public school district shall allow a student to choose to take the ACT Assessment under subsection (a) of this section in grade ten (10) or grade eleven (11).

History. Acts 2007, No. 881, § 1; 2013, No. 1462, § 5; 2017, No. 601, § 1; 2019, No. 910, § 1576.

Amendments. The 2013 amendment substituted “2014-2015” for “2008-2009”; deleted “Voluntary” preceding “Universal”; and substituted “grades nine (9), ten (10), or” for “grade” in two places.

The 2017 amendment added (b) and designated the existing language as (a); and, in (a), substituted “2017-2018” for “2014-2015” and twice substituted “ten (10), eleven (11), or twelve (12)” for “ten (10) or eleven (11)”.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a).

6-18-1607. Rules.

The Division of Higher Education and the Division of Elementary and Secondary Education shall develop rules for the administration of this subchapter.

History. Acts 2007, No. 881, § 1; 2019, No. 910, § 1577.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” and “Division of Elementary and Secondary Education” for “Department of Education”.

6-18-1608. Reporting.

The Division of Higher Education and the Division of Elementary and Secondary Education shall submit a combined annual report to the Legislative Council by December 1 of each year that establishes compliance with this subchapter, provides data on the number of participants in the Universal ACT Assessment Program, and outlines the impact of this program on the college readiness of high school seniors and the remediation rates at institutions of higher education.

History. Acts 2007, No. 881, § 1; 2013, No. 1462, § 7; 2019, No. 910, § 1578.

Amendments. The 2013 amendment deleted “Voluntary” preceding “Universal”.

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” and “Division of Elementary and Secondary Education” for “Department of Education”.

Subchapter 17 — International Student Exchange Visitor Placement Organization Registration Act

6-18-1701. Title.

This subchapter shall be known as the “International Student Exchange Visitor Placement Organization Registration Act”.

History. Acts 2009, No. 966, § 1.

6-18-1702. Legislative findings.

The General Assembly finds that:

  1. Many international student exchange visitor placement organizations have been established to provide students from other countries the opportunity to share their histories, languages, and cultures with their counterparts in this state;
  2. International exchange programs give the state's students and school faculty the opportunity to share their histories, languages, and cultures with foreign students;
  3. Arkansas's own former United States Senator James William Fulbright championed efforts to establish international exchange programs, the most famous of which bears his name, the “Fulbright Fellowships”; and
  4. This subchapter is necessary to provide a registration procedure and process for these organizations in order to make information concerning these organizations accessible to the people of Arkansas.

History. Acts 2009, No. 966, § 1.

6-18-1703. Definitions.

As used in this subchapter:

  1. “International student exchange visitor placement organization” or “organization” means a person, partnership, corporation, or other entity that regularly arranges the placement of international student exchange visitors for the purpose, in whole or in part, of allowing the student an opportunity to attend school in the United States; and
  2. “Representative” means a natural person who is responsible on behalf of an international student exchange visitor placement organization for:
    1. The selection of a suitable host family for the placement of a foreign exchange student;
    2. The enrollment of a foreign exchange student in a local public or private school; and
    3. The periodic monitoring of the foreign exchange student and his or her living conditions and educational progress.

History. Acts 2009, No. 966, § 1.

6-18-1704. Compliance required.

An international student exchange visitor placement organization shall not place a foreign exchange student with a host family or in a public or private school in this state without complying with this subchapter.

History. Acts 2009, No. 966, § 1.

6-18-1705. Rules.

The Secretary of State shall adopt necessary rules concerning the registration of international student exchange visitor placement organizations for the implementation of this subchapter.

History. Acts 2009, No. 966, § 1; 2011, No. 981, § 9.

Amendments. The 2011 amendment deleted “by rule” following “adopt” and substituted “rules” for “regulations.”

6-18-1706. International student exchange visitor placement organization — Registration.

      1. Beginning January 1, 2010, for the 2010-2011 school year, an international student exchange visitor placement organization that proposes to place a foreign exchange student in a public or private school in this state shall submit an application for a certificate of registration with the Secretary of State by January 1 immediately preceding the next regular school year in which the organization proposes to place a foreign exchange student.
      2. The Secretary of State shall issue a certificate of registration to the organization by February 1 if the application is in order, otherwise the application shall be returned to the organization with resubmission instructions.
      1. For the purpose of service of process and service of notices, an international student exchange visitor placement organization shall provide the name, address, and telephone number of an officer or employee of the organization authorized to receive and accept service of process and service of notices.
      2. If service of process and service of notices cannot be reasonably given to the officer as provided by the organization, service of process and service of notices shall be effected by service upon the Secretary of State who shall make a reasonable effort to contact and provide any process and notices to the organization.
  1. An application for registration as an international student exchange visitor placement organization shall be submitted in the form prescribed by the Secretary of State. The application shall include:
    1. The name, address, and telephone number of the organization, its chief executive officer, and the person within the organization who has primary responsibility for supervising placements within the state;
    2. The organization's unified business identification number, if any;
    3. Evidence of Council on Standards for International Educational Travel listing, if any;
    4. The organization's federal income tax exemption status;
    5. A statement of compliance declaring that all monetary and nonmonetary compensation paid to employees who are residents of Arkansas has been reported in accordance with current state income tax law;
    6. A list of the organization's placements in Arkansas for the previous academic year, including the number of students placed, their home countries, the school districts in which they were placed if placed in a public school or the private schools in which they were placed, and the length of time of their placements;
    7. The organization's most recent brochure describing its programs;
    8. Evidence of the organization's health and accident insurance;
    9. The names, addresses, and telephone numbers of the organization's local representatives for Arkansas; and
    10. Any other information the Secretary of State determines is necessary for his or her examination of the request by the organization.
  2. The application must be signed by the chief executive officer of the organization and the person within the organization who has primary responsibility for supervising placements within Arkansas.
  3. Organizations that have registered shall inform the Secretary of State of any changes in the information required under subsection (b) of this section within thirty (30) days of the change.
    1. Registration is valid for one (1) year and may be renewed annually.
    2. Organizations registering for the first time in Arkansas must pay an initial registration fee of one hundred fifty dollars ($150).
    3. The fee to renew a registration is fifty dollars ($50.00) per year.
  4. Fees collected by the Secretary of State under this section shall be deposited into the State Treasury and credited to the General Revenue Fund Account.
  5. The information provided the Secretary of State under this section is a public record and shall be open to inspection and copying by any citizen of the State of Arkansas during the regular business hours of the Secretary of State's office.
  6. Registration shall not be considered or be represented as an endorsement of the organization by the Secretary of State or the State of Arkansas.
    1. Only an international student exchange visitor placement organization for students from other countries to attend a public or private school approved by the United States Department of State may be considered for registration.
    2. Only an international student exchange visitor placement organization on the Advisory List of the Council on Standards for International Educational Travel may be considered for registration.
  7. An international student exchange visitor placement organization shall have a local representative who lives within one hundred twenty (120) miles of his or her assigned students.
    1. An international student exchange visitor placement organization shall not place a foreign exchange student in a home or seek admission of a student in a public or private school until the international student exchange visitor placement organization has been registered with the Secretary of State for that school year.
    2. Each year, the Secretary of State shall publish a list of international student exchange visitor placement organizations registered to place foreign exchange students in host homes.
    3. Unless the Secretary of State determines that an application for registration does not comply with the filing requirements of this subchapter, the Secretary of State, upon payment of all filing fees, shall file the application, prepare, sign, and file a certificate of registration, and send a copy of the filed certificate of registration with a receipt for the fees to the organization.

History. Acts 2009, No. 966, § 1.

6-18-1707. Informational document.

International student exchange visitor placement organizations that provide services to place students in this state shall provide before arrival to each student, host family, and school principal of the school in which the student is being placed an informational document in English that shall include the following:

  1. An explanation of the services to be performed by the organization for the student, host family, and school district, which shall include:
    1. The name, address, and telephone number of the local representative of the placement organization and the local representative's immediate superior; and
    2. The responsibilities and duties of the local representative of the placement organization and the local representative's immediate superior;
  2. A copy of this subchapter; and
    1. Telephone numbers and email addresses that the student, host family, and school district may use for assistance, which shall include the telephone numbers and email addresses of the following organizations:
      1. The United States Department of State; and
      2. The Council on Standards for International Educational Travel.
    2. The telephone numbers shall include, at a minimum, a telephone number for the placement organization and the telephone numbers of the placement organization's national headquarters if any.

History. Acts 2009, No. 966, § 1.

6-18-1708. Violations.

A placement organization that fails to register as required by this subchapter or that submits false or incorrect information to the Secretary of State in filing statements required by this subchapter, whether or not the statement or report is verified, shall be prohibited from placing students in this state during the following academic year.

History. Acts 2009, No. 966, § 1.

Subchapter 18 — Arkansas Commission on Eye and Vision Care of School-Age Children

A.C.R.C. Notes. Acts 2011, No. 176, § 1, provided: “Uncodified Section 5 of Act 755 of 2003, as amended by Act 1438 of 2005, and Act 138 of 2007, concerning the Arkansas Commission on Eye and Vision Care of School Age Children, is repealed to make the act permanent.”

Acts 2011, No. 176, § 2, provided: “The Arkansas Code Revision Commission is authorized to codify Uncodified Act 755 of 2003, as amended by Act 1438 of 2005 and Act 138 of 2007.”

Effective Dates. Acts 2007, No. 138, § 3: Feb. 21, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Commission on Eye and Vision Care of School Age Children expires at the end of the current state fiscal year; that the commission serves a critical function in ensuring that all Arkansas school children, especially those with eye and vision problems, have an equal opportunity to access the learning opportunities available through a public school education; and that this act is immediately necessary because any delay in the effective date of this act would work irreparable harm on the ability of the commission to carry out its responsibilities in service to Arkansas’ public school system. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 176, § 3: Mar. 4, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Commission on Eye and Vision Care of School Age Children expires at the end of the current state fiscal year; that the commission serves a critical function in ensuring that all Arkansas school children, especially those with eye and vision problems, have an equal opportunity to access the learning opportunities available through a public school education; that the commission should be made permanent so that it can continue to serve this critical function for Arkansas school children and public school system; and that this act is immediately necessary because any delay in the effective date of this act would work irreparable harm on the ability of the commission to carry out its responsibilities in service to Arkansas’s public school system. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

6-18-1801. Intent.

  1. The General Assembly recognizes:
    1. The importance of adequate eye and vision care for school-age children as an important component to maximizing their educational opportunities and classroom performance; and
    2. The need for a study to be conducted to evaluate eye and vision care in school-age children and to develop a strategic statewide plan regarding the needs and solutions of eye and vision problems of school-age children.
  2. Therefore, the purposes of this act are to create a commission to conduct such a study and to make findings and recommendations to the General Assembly and the Governor.

History. Acts 2003, No. 755, § 1.

6-18-1802. Arkansas Commission on Eye and Vision Care of School-Age Children.

    1. There is established the Arkansas Commission on Eye and Vision Care of School-Age Children to be composed of seventeen (17) members.
    2. The following members shall be appointed by the Governor:
      1. Four (4) optometrists;
      2. Two (2) ophthalmologists;
      3. One (1) pediatrician;
      4. One (1) school nurse who is currently working in a public elementary school in this state;
      5. One (1) person currently working as a principal in a public elementary school in this state; and
      6. One (1) person currently working as a classroom teacher in a public elementary school in this state.
    3. The following members shall be appointed by the Speaker of the House of Representatives:
      1. One (1) family practice physician; and
      2. One (1) principal of a public elementary school.
    4. The following members shall be appointed by the President Pro Tempore of the Senate:
      1. One (1) family practice physician; and
      2. One (1) teacher in a public elementary school.
    5. The Chair of the House Committee on Public Health, Welfare, and Labor shall appoint one (1) member who has a child in a public school in this state.
    6. The Chair of the Senate Committee on Public Health, Welfare, and Labor shall appoint one (1) member who has a child in a public school in this state.
    7. The optometrist serving on the State Board of Health shall also be a member of the board and shall serve as a liaison to the Department of Health.
    1. The Governor shall designate one (1) of the optometrist appointees to serve as chair of the commission.
    2. The members of the commission shall select from their membership a vice chairperson, a secretary, and a treasurer.
  1. The first meeting shall be held within thirty (30) days of the appointment of the members by the Governor, and shall be called by the chair.
    1. A majority of the membership of the commission shall constitute a quorum.
    2. A majority vote of those members present shall be required for any action of the commission.
  2. Vacancies shall be filled for the unexpired portion of the term in the same manner as is provided in this section for initial appointments.
  3. To the extent that moneys are made available for that purpose, the members of the commission may receive expense reimbursement in accordance with § 25-16-902.

History. Acts 2003, No. 755, § 2.

6-18-1803. Duties.

  1. The Arkansas Commission on Eye and Vision Care of School-Age Children shall:
    1. Study the eye and vision needs of the school-age children of Arkansas;
    2. Study and evaluate vision screening programs in the schools, and their effectiveness;
    3. Study and evaluate whether children are receiving adequate eye and vision care, and correction of vision problems;
    4. Study the effects of inadequate vision on the performance of children in the classroom; and
    5. Continue to develop a strategic statewide plan to ensure adequate eye and vision care of school-age children.
  2. The commission and the Division of Elementary and Secondary Education shall report their findings and updates to the Governor, the Legislative Council, and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor annually.
    1. The commission may accept any and all donations, grants of money, gifts, appropriations, instruments, equipment, supplies, materials, and services, conditional or otherwise, from private sources, from municipal and county governments, from the state, and from the United States Government.
    2. The commission may use any of its resources to further the commission's purposes and functions.
    3. All moneys collected under this section shall be deposited into a cash fund within the State Treasury to be maintained by the division.
  3. The commission shall develop criteria for the distribution of commission resources to individuals and school districts in need of financial or other assistance necessary to satisfy the requirements of §§ 6-18-1501 — 6-18-1506.
    1. In conjunction with the division, the commission shall develop criteria for passage or failure of a vision screening and criteria for referral for a comprehensive eye examination.
    2. The division shall adopt the criteria as rules promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
  4. In conjunction with the division, the commission shall develop standardized forms to be used with regard to conducting and reporting the results of eye and vision screenings.
  5. The commission and the division shall evaluate and approve the vision screening instruments, equipment, and other testing items that are used to conduct the eye and vision screenings.
  6. The commission shall conduct a pilot study to evaluate the pre- and post-performance test scores of school children who have been screened and referred for vision problems. The study shall encompass rural, urban, and Empowerment-Zone school systems.

History. Acts 2003, No. 755, § 3; 2005, No. 1438, § 2; 2007, No. 138, § 1; 2019, No. 757, §§ 38, 39.

Amendments. The 2019 amendment substituted “annually” for “two (2) times per year” at the end of (b); redesignated (c)(1)(A) as (c)(1) and (c)(1)(B) as (c)(2); deleted (c)(2)(A); redesignated (c)(2)(B)(i) as (c)(3); substituted “a cash fund within the State Treasury to be maintained by the division” for “the State Treasury to the credit of the fund as special revenues” in (c)(3); and deleted (c)(2)(B)(ii), (c)(2)(B)(iii), (c)(2)(C), and (c)(2)(D).

Cross References. School-Age Children Eye and Vision Care Fund, § 19-6-815.

6-18-1804. [Repealed.]

Publisher's Notes. This section, concerning funding, was repealed by Acts 2019, No. 757, § 40, effective July 24, 2019. The section is derived from Acts 2003, No. 755, § 4.

Subchapter 19 — Public School Choice Act of 2015

Effective Dates. Acts 2013, No. 1227, § 7: Apr. 16, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that certain provisions of the Arkansas Public School Choice Act of 1989, § 6-18-206, have been found to be unconstitutional by a federal court; that thousands of public school students are currently attending public schools in nonresident school districts under that law; that there is now uncertainty about the viability of those transfers and future transfers; that this act repeals the disputed provisions of that law while preserving the opportunity for public school choice; and that this act is immediately necessary to resolve the uncertainty in the law before the 2013-2014 school year and preserve existing student transfers. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 560, § 8: Mar. 20, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that public school choice is effective in meeting the needs of students; that the current school choice provisions are about to expire; and that this act is immediately necessary to ensure that students have public school choice options for the 2015-2016 school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2017, No. 1066, § 6: Emergency clause failed to pass. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that public school choice is effective in meeting the needs of students; that the current school choice provisions pose risks of students' being denied school choice without clarification of a school district's responsibility regarding its desegregation obligations; and that this act is immediately necessary to ensure that students have public school choice options for the 2017-2018 school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

U. Ark. Little Rock L. Rev.

Nikki L. Cox, Note: School Integration Reform — A Call for Desegregation Policies That Are More Than Skin Deep, 36 U. Ark. Little Rock L. Rev. 123 (2013).

6-18-1901. Title — Legislative findings.

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

History. Acts 2013, No. 1227, § 6; 2015, No. 560, § 2.

Amendments. The 2015 amendment substituted “2015” for “2013” at the end of (a).

Case Notes

In General.

Relevant precedent did not support proposition that parent's ability to choose where his or her child is educated within the public school system is a fundamental right or liberty, and accordingly, appellants failed to prove that they had a protected liberty interest; further, the Public School Choice Act of 2013, § 6-18-1901 et seq., did not create a property interest in exercising public school choice because appellants did not have more than a mere subjective expectancy of school choice under the Act. Stevenson v. Blytheville Sch. Dist. #5, 800 F.3d 955 (8th Cir. 2015).

School districts' motion to terminate their desegregation agreement was properly denied because the districts had not shown evidence of full compliance, and the change in the law, i.e., the repeal of the Arkansas School Choice Act of 1989 and enactment of the Arkansas Public School Choice Act of 2013, § 6-18-1901 et seq., was not enough to warrant termination of the agreement; even assuming a relevant change in the law, the districts, which asked for full termination of the agreement, failed to show that the purported change affected the entire agreement. Davis v. Hot Springs Sch. Dist., 833 F.3d 959 (8th Cir. 2016).

6-18-1902. Definitions.

As used in this subchapter:

  1. “Nonresident district” means a school district other than a student's resident district;
  2. “Parent” means a student's parent, guardian, or other person having custody or care of the student;
  3. “Resident district” means the school district in which the student resides as determined under § 6-18-202; and
  4. “Transfer student” means a public school student in kindergarten through grade twelve (K-12) who transfers to a nonresident district through a public school choice option under this subchapter.

History. Acts 2013, No. 1227, § 6; 2015, No. 560, § 3.

Amendments. The 2015 amendment inserted “in kindergarten through grade twelve (K-12)” in (4).

6-18-1903. Public school choice program established.

  1. A public school choice program is established to enable a student in kindergarten through grade twelve (K-12) to attend a school in a nonresident district, subject to the limitations under § 6-18-1906.
  2. Each school district shall participate in a public school choice program consistent with this subchapter.
  3. This subchapter does not require a school district to add teachers, staff, or classrooms or in any way to exceed the requirements and standards established by existing law.
    1. The board of directors of a public school district shall adopt by resolution specific standards for acceptance and rejection of applications under this subchapter.
    2. The standards:
      1. May include without limitation the capacity of a program, class, grade level, or school building;
      2. May include a claim of a lack of capacity by a school district only if the school district has reached at least ninety percent (90%) of the maximum authorized student population in a program, class, grade level, or school building;
      3. Shall include a statement that priority will be given to an applicant who has a sibling or stepsibling who:
        1. Resides in the same household; and
        2. Is already enrolled in the nonresident district by choice; and
      4. Shall not include an applicant's:
        1. Academic achievement;
        2. Athletic or other extracurricular ability;
        3. English proficiency level; or
        4. Previous disciplinary proceedings, except that an expulsion from another district may be included under § 6-18-510.
    3. A school district receiving transfers under this subchapter shall not discriminate on the basis of gender, national origin, race, ethnicity, religion, or disability.
  4. A nonresident district shall:
    1. Accept credits toward graduation that were awarded by another district; and
    2. Award a diploma to a nonresident student if the student meets the nonresident district's graduation requirements.
  5. The superintendent of a school district shall cause public announcements to be made over the broadcast media and either in the print media or on the internet to inform parents of students in adjoining districts of the:
    1. Availability of the program;
    2. Application deadline; and
    3. Requirements and procedure for nonresident students to participate in the program.

History. Acts 2013, No. 1227, § 6; 2015, No. 560, § 4.

Amendments. The 2015 amendment inserted “in kindergarten through grade twelve (K-12)” in (a); and inserted (d)(2)(B) and redesignated the remaining subdivisions accordingly.

6-18-1904. General provisions.

  1. The transfer of a student under the Arkansas Public School Choice Act of 1989, § 6-18-206 [repealed], or the Public School Choice Act of 2013, § 6-18-1901 et seq., is not voided by this subchapter and shall be treated as a transfer under this subchapter.
    1. A student may accept only one (1) school choice transfer per school year.
      1. A student who accepts a public school choice transfer may return to his or her resident district during the school year.
      2. If a transfer student returns to his or her resident district or enrolls in a private or home school, the student's transfer is voided, and the student shall reapply if the student seeks a future school choice transfer.
    1. A transfer student attending a nonresident school under this subchapter may complete all remaining school years at the nonresident district.
    2. A present or future sibling of a student who continues enrollment in the nonresident district under this subsection and applies for a school choice transfer under § 6-18-1905 may enroll in the nonresident district if the district has the capacity to accept the sibling without adding teachers, staff, or classrooms or exceeding the regulations, rules, or standards established by law.
    3. A present or future sibling of a student who continues enrollment in the nonresident district and who enrolls in the nonresident district under subdivision (c)(2) of this section may complete all remaining school years at the nonresident district.
    1. The transfer student or the transfer student's parent is responsible for the transportation of the transfer student to and from the school in the nonresident district where the transfer student is enrolled.
    2. The nonresident district may enter into a written agreement with the student, the student's parent, or the resident district to provide the transportation.
  2. For purposes of determining a school district's state aid, a transfer student is counted as a part of the average daily membership of the nonresident district where the transfer student is enrolled.

History. Acts 2013, No. 1227, § 6; 2015, No. 560, § 5; 2017, No. 1066, §§ 1, 2; 2019, No. 315, § 266.

Amendments. The 2015 amendment inserted “or the Public School Choice Act of 2013” in (a); in (c)(2), inserted “and applies for a school choice transfer under § 6-18-1905”, deleted “or continue enrollment in” following “may enroll in”, and deleted “until the sibling of the transfer student completes his or her secondary education” preceding “if the district”; and added (c)(3).

The 2017 amendment inserted “or enrolls in a private or home school” in (b)(2)(B); and repealed former (d)(3).

The 2019 amendment substituted “regulations, rules, or standards” for “regulations and standards” in (c)(2).

Case Notes

Relationship to Other Law.

Repeal of § 6-18-206 mooted parents' lawsuit, and Public School Choice Act of 2013 afforded parents' children full prospective relief they sought in lawsuit. Teague v. Cooper, 720 F.3d 973 (8th Cir. 2013).

6-18-1905. Application for a transfer.

  1. If a student seeks to attend a school in a nonresident district, the student's parent shall submit an application:
    1. To the nonresident district with a copy to the student's resident district;
      1. On a form approved by the Division of Elementary and Secondary Education.
      2. If a student has a parent or guardian who is an active-duty member of the military and who has been transferred to and resides on a military base, then the student's parent or guardian shall file an application for transfer under this section within fifteen (15) days of the parent's or guardian's arrival on the military base, which shall include without limitation the parent's or guardian's:
        1. Military transfer orders; and
        2. Proof of residency on the military base; and
      1. Postmarked no later than May 1 of the year in which the student seeks to begin the fall semester at the nonresident district.
      2. However, if a student has a parent or guardian who is an active-duty member of the military, then the student's application for a transfer under this section is not subject to the May 1 deadline under subdivision (a)(3)(A) of this section if the student's parent or legal guardian:
        1. Has been transferred to and resides on a military base; and
        2. Provides military transfer orders that confirm the date of transfer to the military base.
  2. Both the nonresident district and the resident district shall, upon receipt of the application, place a date and time stamp on the application that reflects the date and time each district received the application.
  3. A nonresident district shall review and make a determination on each application in the order in which the application was received by the nonresident district.
  4. Before accepting or rejecting an application, a nonresident district shall determine whether:
    1. One (1) of the limitations under § 6-18-1906 applies to the application; and
      1. The resident district has met its numerical net maximum limit on school choice transfers under § 6-18-1906.
      2. The nonresident district shall contact the resident district to determine whether the resident district has met its net maximum limit under subdivision (d)(2)(A) of this section.
      3. In determining whether a resident district has met its net maximum limit on school choice transfers under subdivision (d)(2)(A) of this section, the nonresident district shall review and make a determination on each application in the order in which the application was received by the nonresident district.
      4. If the resident district has met its numerical net maximum limit on school choice transfers, the nonresident district shall issue a rejection of the affected school choice application.
        1. If an applicant under this section has been rejected due to the numerical net maximum limit, then the applicant shall retain priority for a transfer under this subchapter until July 1 and be reconsidered when the resident district is no longer at the numerical net maximum limit.
        2. The resident district shall promptly notify the nonresident district when it is no longer at its numerical net maximum limit.
    1. Except as provided in subdivision (e)(4) of this section, by July 1 of the school year in which the student seeks to enroll in a nonresident district under this subchapter, the superintendent of the nonresident district shall notify the parent and the resident district in writing as to whether the student's application has been accepted or rejected.
    2. If the application is rejected, the superintendent of the nonresident district shall state in the notification letter the reason for rejection.
    3. If the application is accepted, the superintendent of the nonresident district shall state in the notification letter a reasonable deadline by which the student shall enroll in the nonresident district and after which the acceptance notification is null.
    4. The July 1 deadline under subdivision (e)(1) of this section does not apply in the case of an application received from a student who has a parent or guardian who is an active-duty member of the military and who has been transferred to and resides on a military base.

History. Acts 2013, No. 1227, § 6; 2015, No. 560, § 6; 2017, No. 1066, § 3; 2019, No. 171, §§ 3, 4; 2019, No. 754, §§ 2, 3; 2019, No. 910, § 1579.

Amendments. The 2015 amendment substituted “which shall notify the resident district of the filing of the application” for “with a copy to the resident district” in (a)(1); substituted “May 1” for “June 1” in (a)(3); inserted (b), (c), and (d); redesignated former (b) as (e); substituted “July 1” for “August 1” in (e)(1); and deleted (e)(3)(B) [former (b)(3)(B)].

The 2017 amendment added “within ten (10) calendar days of receipt of the application” to (a)(1).

The 2019 amendment by No. 171 added the (a)(2)(A) designation; added (a)(2)(B); added the (a)(3)(A) designation; added (a)(3)(B); added “Except as provided in subdivision (e)(4) of this section” in (e)(1); and added (e)(4).

The 2019 amendment by No. 754 substituted “with a copy to the student’s resident district” for “which shall notify the resident district of the filing of the application within ten (10) calendar days of receipt of the application” in (a)(1); in (b), substituted “Both the nonresident district and the resident district shall” for “A nonresident district that receives an application under subsection (a) of this section shall” and “each district” for “the nonresident district”; redesignated part of (d) as (d)(1); and added (d)(2).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(2) [now (a)(2)(A)].

6-18-1906. Limitations.

    1. If the provisions of this subchapter conflict with a provision of an enforceable desegregation court order or a district's court-approved desegregation plan, either of which explicitly limits the transfer of students between school districts, the provisions of the order or plan shall govern.
    2. Annually by January 1, a school district that claims a conflict under subdivision (a)(1) of this section shall submit proof from a federal court to the Division of Elementary and Secondary Education that the school district has a genuine conflict under an active desegregation order or active court-approved desegregation plan that explicitly limits the transfer of students between school districts.
    3. Proof submitted under subdivision (a)(2) of this section shall contain the following:
      1. Documentation that the desegregation order or court-approved desegregation plan is still active and enforceable; and
      2. Documentation showing the specific language the school district believes limits its participation in the school choice provisions of this subchapter.
      1. Within thirty (30) calendar days of receipt of proof under subdivision (a)(2) of this section, the division shall notify the school district whether it is required to participate in the school choice provisions of this subchapter.
      2. The division may reject incomplete submissions.
      3. If the division does not provide a written exemption to the school district, then the school district shall be required to participate in the school choice provisions of this subchapter.
    4. The division shall maintain on its website a list of school districts that are not required to participate in the school choice provisions of this subchapter.
    5. The State Board of Education may review a decision of the division upon written petition of the affected school district and may affirm or reverse the decision of the division under the rules promulgated by the state board to implement this subsection.
      1. There is established a numerical net maximum limit on school choice transfers each school year from a school district, less any school choice transfers into the school district, under this section of not more than three percent (3%) of the enrollment that exists in the school district as of October 1 of the immediately preceding school year.
      2. If the application for a transfer that causes the school district to meet or exceed the three-percent numerical net maximum limit under subdivision (b)(1)(A) of this section is on behalf of a sibling group, then the school district shall allow all siblings in the sibling group to exercise school choice under this subchapter.
      3. A student eligible to transfer to a nonresident district under § 6-15-430(c)(1) [repealed], the Arkansas Opportunity Public School Choice Act, § 6-18-227, § 6-18-233, or § 6-21-812 shall not count against the cap of three percent (3%) of the resident or nonresident district.
    1. Annually by December 15, the division shall report to each school district the net maximum number of school choice transfers for the next school year.
    2. If a student is unable to transfer due to the limits under this subsection, the resident district shall give the student priority for a transfer in the first school year in which the district is no longer subject to subdivision (b)(1) of this section in the order that the resident district receives notices of applications under § 6-18-1905, as evidenced by a notation made by the district on the applications indicating date and time of receipt.

History. Acts 2013, No. 1227, § 6; 2015, No. 560, § 6; 2017, No. 988, § 2; 2017, No. 1066, § 4; 2018 (2nd Ex. Sess.), No. 9, § 1; 2018 (2nd Ex. Sess.), No. 14, § 1; 2019, No. 754, § 4; 2019, No. 910, §§ 1580-1582.

Amendments. The 2015 amendment added (a)(2) and redesignated (a) as (a)(1); deleted former (b) and redesignated former (c) as present (b); substituted “enrollment that exists in the school district as of October 15 of the” for “school district's three-quarter average daily membership for the” in (b)(1)(A); deleted “and siblings who are counted in the denominator as part of the average daily membership shall count as one (1) student” at the end of (b)(1)(B); added (b)(1)(C); in (b)(2), substituted “December 15” for “June 1” and “next school year” for “current school year”; and, in (b)(3), substituted “the first school year in which the district is no longer subject to subdivision (b)(1) of this section” for “the following year”.

The 2017 amendment by No. 988 inserted “§ 6-18-233” in (b)(1)(C).

The 2017 amendment by No. 1066 substituted “either of which explicitly limits the transfer of students between school districts” for “regarding the effects of past racial segregation in student assignment” in (a)(1); in (a)(2), substituted “Annually by January 1, a school district that claims a conflict under subdivision (a)(1) of this section shall submit” for “If a school district claims a conflict under subdivision (a)(1) of this section, the school district shall immediately submit” and substituted “that explicitly limits the transfer of students between school districts” for “with the interdistrict school choice provisions of this subchapter”; and added (a)(3) through (6).

The 2018 (2nd Ex. Sess.) amendment by identical acts Nos. 9 and 14 rewrote (b)(1)(B).

The 2019 amendment by No. 754 substituted “October 1” for “October 15” in (b)(1)(A).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(2); and substituted “division” for “department” throughout the section.

Research References

Ark. L. Rev.

Brinkley Beecher Cook-Campbell, Comment: “Schoolhouse Block”: Why the Arkansas Public School Choice Act Should Be Improved but Not Eliminated, 67 Ark. L. Rev. 927 (2014).

Dorothy Vaughan Goodwin, Recent Developments: An Eighth Circuit Panel Addresses the Constitutionality of Blytheville School District #5's Declaring an Exemption to the Arkansas Public School Choice Act of 2013, 68 Ark. L. Rev. 863 (2015).

Case Notes

Equal Protection.

School district's claim of exemption equally impacted all students, regardless of race, as no student could transfer out of the district because of the district's taking of the exemption under the Public School Choice Act of 2013, § 6-18-1901 et seq.; alternatively, even assuming that differential treatment existed upon which to base an equal protection claim, the district had at least a rational basis for believing that the 2013 Act authorized it to take an exemption. Stevenson v. Blytheville Sch. Dist. #5, 800 F.3d 955 (8th Cir. 2015).

Mootness.

Parents' appeal from the district court's denial of their motion for a preliminary injunction to require the school district to rescind its resolution to opt out of the Arkansas Public School Choice Act of 2013 for 2013-2014 school year was moot because by the motion's own terms, the time period in which the requested relief would have been effective had expired, and the mootness exception for claims capable of repetition, yet evading review, was inapplicable. Stevenson v. Blytheville Sch. Dist. #5, 762 F.3d 765 (8th Cir. 2014).

Appellants could potentially recover money damages for any constitutional violation arising from school district's alleged violation of the Public School Choice Act of 2013, § 6-18-1901 et seq.; therefore, the money-damages claims were not moot, and accordingly, the court addressed appellants' underlying due process and equal protection claims. Stevenson v. Blytheville Sch. Dist. #5, 800 F.3d 955 (8th Cir. 2015).

6-18-1907. Rules — Appeal.

  1. The State Board of Education may promulgate rules to implement this subchapter.
    1. A student whose application for a transfer under § 6-18-1905 is rejected by the nonresident district may request a hearing before the state board to reconsider the transfer.
      1. A request for a hearing before the state board shall be in writing and shall be postmarked no later than ten (10) days after the student or the student's parent receives a notice of rejection of the application under § 6-18-1905.
      2. As part of the review process, the parent may submit supporting documentation that the transfer would be in the best educational, social, or psychological interest of the student.
    2. If the state board overturns the determination of the nonresident district on appeal, the state board shall notify the parent, the nonresident district, and the resident district of the basis for the state board's decision.

History. Acts 2013, No. 1227, § 6; 2017, No. 1066, § 5.

Amendments. The 2017 amendment repealed former (c).

6-18-1908. Effective date.

The provisions of this subchapter are effective immediately.

History. Acts 2013, No. 1227, § 6; 2015, No. 560, § 7.

Amendments. The 2015 amendment substituted “are effective immediately” for “shall remain in effect until July 1, 2015”.

Subchapter 20 — School Counseling Improvement Act of 2019

6-18-2001. Title.

This subchapter shall be known and may be cited as the “School Counseling Improvement Act of 2019”.

History. Acts 2019, No. 190, § 4.

6-18-2002. Definitions.

As used in this subchapter:

  1. “Administrative activities” means activities that are not directly related to the comprehensive school counseling plan and are absent of any direct student services or interaction;
  2. “Direct services” means services that are provided through face-to-face contact with students, including without limitation:
    1. Regular classroom guidance limited to forty-minute class sessions, not to exceed three (3) class sessions per day and not to exceed ten (10) class sessions per week;
    2. Individual and group counseling;
    3. Responsive services on behalf of students whose immediate personal concerns and problems put the student's academic, career, or social and emotional development at risk, including the administration of a risk assessment; and
    4. Interventions for students who are:
      1. At risk of dropping out of school; or
      2. Exhibiting dangerous behaviors, such as drug use, self-harm, or gang activity; and
  3. “Indirect services” means consultations between a student, a parent or legal guardian, school staff, and community agencies concerning a student's academic, career, and social and emotional needs.

History. Acts 2019, No. 190, § 4.

6-18-2003. Comprehensive school counseling program and plan framework.

  1. Each public school district shall:
    1. Develop and implement a comprehensive school counseling program that ensures student services are coordinated in a manner that provides comprehensive support to all students; and
    2. Have a written plan for a comprehensive school counseling program that:
      1. Is implemented by an Arkansas-certified school counselor, a counselor serving under an additional licensure plan, or a school employee acting as a school counselor under a waiver granted under § 6-15-103(c);
      2. Utilizes state and nationally recognized counselor frameworks;
      3. Is reviewed annually and updated as needed by the school counselor in collaboration with the building administrator and other stakeholders;
      4. Is systemically aligned to kindergarten through grade twelve (K-12) within the public school district; and
      5. Contains the following four (4) components of a comprehensive school counseling program:
        1. Foundation, which includes without limitation:
          1. Vision statements;
          2. Mission statements; and
          3. Program goals;
        2. Management, which utilizes assessments and other data to develop, implement, and evaluate a comprehensive school counseling program;
        3. Delivery, which focuses on direct and indirect services through the implementation of a comprehensive school counseling program; and
        4. Accountability, which ensures regular analysis of the comprehensive school counseling program that is provided.
  2. The comprehensive school counseling program required under subsection (a) of this section shall:
    1. Guide students in academic pursuits, career planning, and social and emotional learning;
    2. Follow the comprehensive school counseling program guidance provided by the Division of Elementary and Secondary Education;
    3. Include goals that are developed annually based on the vision and mission statements that are shared by stakeholders to ensure equitable access to opportunities for all students; and
    4. Identify student needs through a multilevel school data review that includes without limitation:
      1. Data analysis;
      2. Use-of-time data review;
      3. Program results data; and
      4. Communication and contact with administrators, parents, students, and stakeholders.

History. Acts 2019, No. 190, § 4.

6-18-2004. Comprehensive student services.

  1. Sufficient time at each public school shall be allotted for the school counselor to carry out the duties stated in the comprehensive school counseling plan required under § 6-18-2003.
    1. A school counselor shall spend at least ninety percent (90%) of his or her working time during student contact days providing direct services and indirect services to students.
    2. Direct and indirect services may be provided in collaboration with other school personnel and include without limitation:
      1. Intervening with students who are at risk of dropping out of school to determine if there is a way to keep at-risk students in school;
      2. Following up with high school graduates;
      3. Providing orientation programs for new students and transferring students at each level of education;
      4. Providing academic advisement services, including without limitation:
        1. Developing an individual planning system to guide a student to access and monitor the student's own educational, career, and social and emotional progress;
        2. Guiding a student along the pathways to graduation;
        3. Guiding a student in goal-setting experiences and course selection aligned with the student's postsecondary goals;
        4. Addressing accelerated learning opportunities;
        5. Addressing academic deficits and the accessibility of resources;
        6. Providing student assessment reviews, interest inventories, or academic results needed to develop, review, and revise a student's plan of study; and
        7. Providing support for students who show potential so they are more likely to engage in rigorous coursework and take advantage of postsecondary opportunities;
      5. Providing a career planning process that includes without limitation:
        1. Guidance in understanding the relationship between classroom performance and success in school and beyond;
        2. The provision of resources to identify career interests and aptitudes to assist a student in age-appropriate college and career planning;
        3. Guidance in understanding the advantages of completing career certifications and internships;
        4. Interpretation of augmented, criterion-referenced, or norm-referenced assessments for students and parents;
        5. The provision of information to a parent or legal guardian, such as through workshops on preparing for college, financial aid, and career opportunities; and
        6. Encouragement to a parent or legal guardian to support partnerships in his or her student's learning and career planning processes;
      6. Providing social and emotional skills designed to support students, including without limitation programs:
        1. To promote cultural and social awareness, positive communication and relationship skills, collaboration with others, and responsible decision-making;
        2. To improve culture and climate in the school so that all students can feel that they are in a safe and supportive environment;
        3. To develop conflict-resolution skills;
        4. To prevent bullying that include without limitation:
          1. Training programs for school employees regarding how to recognize bullying behaviors;
          2. Protocols for responding to bullying that is occurring in the school;
          3. Strategies that support a student who is being bullied; and
          4. Strategies that help a bystander speak out against bullying; and
        5. To address age-appropriate suicide awareness and prevention through:
          1. Strategies that help identify a student who is at risk for suicide;
          2. Strategies and protocols that help a student who is at risk for suicide; and
          3. Protocols for responding to a suicide death; and
      7. Serving as a contributing member of decision-making teams, which include without limitation:
        1. Teams that are convened under Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112;
        2. Response-to-intervention teams;
        3. English language learner programs;
        4. Parental involvement or family engagement programs;
        5. Positive behavioral intervention support programs; and
        6. Advanced placement and gifted and talented programs.
    1. Administrative activities performed by a school counselor shall not exceed more than ten percent (10%) of the school counselor's time spent working during student contact days.
    2. Administrative activities provided by a school counselor in collaboration with other school personnel include without limitation:
      1. Coordinating state assessments, cognitive achievement assessments, advanced placement programs, and language acquisition testing programs;
      2. Developing master schedules;
      3. Coordinating of:
        1. Teams convened under Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112;
        2. Response-to-intervention teams;
        3. English language learner programs;
        4. Parental involvement or family engagement programs;
        5. Positive behavioral intervention support programs;
        6. Data entry; and
        7. Advanced placement and gifted and talented programs; and
      4. Monitoring students in common areas such as the cafeteria, hallway, playground, and bus lines.

History. Acts 2019, No. 190, § 4.

U.S. Code. Section 504 of the Rehabilitation Act of 1973, referred to in this section, is codified as 29 U.S.C. § 794.

Research References

ALR.

Liability of Public or Private Schools or Institutions of Higher Learning, or Personnel Thereof, in Connection with Suicide of Student. 100 A.L.R.6th 563 (2014).

6-18-2005. Monitoring and support.

  1. Each public school district is responsible for posting its annual comprehensive school counseling plan on the district website under “State-Required Information”.
    1. Beginning with the 2020-2021 school year, the Division of Elementary and Secondary Education shall monitor each public school district to ensure implementation and compliance with this subchapter.
    2. Failure by a public school district to comply with this subchapter is a violation of the Standards for Accreditation of Arkansas Public Schools and School Districts.
  2. The division shall:
    1. Employ at least one (1) individual who is certified as a school counselor;
    2. Provide a multilevel system of support to public school districts to assist in complying with the requirements of this subchapter; and
    3. Provide guidance and technical assistance to public school districts in order to support equitable access to public school counseling services.

History. Acts 2019, No. 190, § 4.

Subchapter 21 — Farm to School and Early Childhood Education Program

6-18-2101. Legislative findings.

The General Assembly finds that:

  1. Forty-seven (47) states have established farm to school programs to improve the health of children through the support of the following three (3) core elements:
    1. School gardens;
    2. Food, nutrition, and agriculture education; and
    3. Procurement of local farm or food products for school meals and snacks in public and private educational institutions, early childhood programs, juvenile detention centers, residential childcare institutions, and other childcare learning facilities;
  2. A successful farm to school and early childhood education program can increase a student's physical activity, participation in school meals, and preference for fresh fruits and vegetables;
  3. A successful farm to school and early childhood education program can improve a student's academic achievement and student behavior;
  4. Other states that have created a full-time farm to school and early childhood education program coordinator position have seen an increase in educational opportunities related to agriculture;
  5. States with a full-time farm to school and early childhood education program coordinator have seen an increase in the procurement of local farm or food products for schools, which encourages a student's consumption of local farm or food products;
  6. Increasing the procurement of local farm or food products for schools has the added benefit of supporting the state's agricultural economy by providing an additional revenue source for local farmers;
  7. Farm to school activities support a nutritious school food environment;
  8. Students who participate in farm to school activities are more likely to be familiar with, have a preference for, and consume more fruits and vegetables at both school and home;
  9. Establishing a strong farm to school and early childhood education program provides support to Healthy Active Arkansas;
  10. Establishing healthy behaviors at an early age may prevent the onset of chronic disease and other health conditions later in life;
  11. The leading causes of death in Arkansas are heart disease, cancer, and stroke, which are illnesses often associated with dietary behaviors; and
  12. Investing in the health of children will help them to achieve greater educational attainment and lead to stronger communities.

History. Acts 2019, No. 506, § 1.

6-18-2102. Definition.

As used in this subchapter, “local farm or food products” means food products that are grown in Arkansas or packaged and processed in Arkansas, or both.

History. Acts 2019, No. 506, § 1.

6-18-2103. Farm to school and early childhood education program — Full-time coordinator position.

  1. A farm to school and early childhood education program is established within the Department of Agriculture for the purposes of:
    1. Improving student health;
    2. Developing an educated agricultural workforce;
    3. Enriching the local farm or food products system and supporting the state's agricultural economy through the support and increase of procurement of local farm or food products for public schools;
    4. Accelerating garden and farm-based education for students; and
    5. Expanding the relationships between schools and agricultural communities.
      1. The Department of Agriculture shall establish a full-time farm to school and early childhood education program coordinator position.
      2. The farm to school and early childhood education program coordinator shall be the administrative head of the farm to school and early childhood education program.
    1. The farm to school and early childhood education program coordinator shall:
      1. Address the issues of supply, demand, procurement, and consumption of local farm or food products in schools and early childhood programs; and
      2. Take reasonable steps to incorporate more agriculture and nutrition education into schools and early childhood programs.
  2. The farm to school and early childhood education program coordinator shall implement a statewide farm to school and early childhood education program in collaboration with stakeholders, including without limitation:
    1. The Child Nutrition Unit of the Division of Elementary and Secondary Education;
    2. The Department of Human Services;
    3. The Division of Elementary and Secondary Education;
    4. The University of Arkansas Cooperative Extension Service;
    5. The Department of Health; and
    6. Healthy Active Arkansas.
  3. The farm to school and early childhood education program coordinator shall:
    1. Prepare an annual report, in collaboration with stakeholders, that details the program activities conducted in furtherance of the following three (3) core elements of the farm to school and early childhood education program:
      1. School gardens;
      2. Food, nutrition, and agriculture education; and
      3. Procurement of local farm or food products for school meals and snacks; and
    2. Submit the annual report to the House Committee on Agriculture, Forestry, and Economic Development and to the Senate Committee on Agriculture, Forestry, and Economic Development.

History. Acts 2019, No. 506, § 1.

A.C.R.C. Notes. Acts 2019, No. 506, § 2, provided: “On and after February 15, 2020, the farm to school and early childhood education program coordinator shall submit the annual report as required under § 6-18-2103(d).”

6-18-316. Transfer on petition of student.

Chapter 19 Transportation

Cross References. Routes of school buses, declared to be county roads, § 27-66-206.

Speed at which buses may be operated, § 27-51-201.

Effective Dates. Acts 1931, No. 132, § 5: approved March 20, 1931. Effective date clause provided: “All laws and parts of laws in conflict herewith are hereby repealed, and this act shall take effect and be in force from and after its passage.”

Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Acts 1943, No. 156, § 5: Mar. 4, 1943. Emergency clause provided: “Because of wartime needs and the effect upon the schools, particularly with respect to the securing of adequate personnel for driving school buses, it is necessary for the preservation of public health, safety, and welfare that the provisions of this act take effect immediately; therefore, an emergency is hereby declared to exist and the provisions of this act shall take effect and be in full force from and after its passage and approval.”

Acts 1945, No. 31, § 3: Feb. 8, 1945. Emergency clause provided: “Because of the necessity of meeting the demand of the War and that more men eighteen years or over who would otherwise be eligible for school bus drivers are either in the Army or subject to immediate call or cannot meet the qualifications on account of disabilities, and this act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this act shall be in full force and effect from and after its passage and approval.”

Acts 1951, No. 43, § 2: Feb. 5, 1951. Emergency clause provided: “Whereas, State-supported institutions of higher learning are being required to purchase license tags; and Whereas, these statutes may effect a savings by the provisions of this bill. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from the date of its approval.”

Acts 1953, No. 65, § 2: Feb. 13, 1953. Emergency clause provided: “It is hereby determined by the General Assembly that many school districts own motor vehicles for which the law requires the purchase of licenses, and that such motor vehicles are used for school purposes and should therefore be exempt from the payment of license fees in order to preserve to such school districts funds essential to proper operation. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1979, No. 646, § 3: Mar. 28, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that in recent months there have been several accidents involving a school bus hitting a child who has just left the bus and is walking in front of the bus; that unless appropriate mirrors are placed on the bus, the driver is in many cases unable to see a small child immediately in front of the bus; that this Act is designed to require suitable mirrors on the bus to enable the driver to see the area immediately in front of the bus and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 794, § 4: Mar. 21, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that Arkansas Code Annotated 6-19-106(a) is in conflict with federal laws prohibiting discrimination based on age and that this act is necessary for the public health, welfare and safety of the people of this State. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 805, § 8: Mar. 28, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the safety of thousands of children who ride school buses to and from school and school-related activities is largely dependent upon motorists being alerted to the presence of the school bus and that recent research indicates the use of flashing white strobe lights on school buses will contribute significantly to warning motorists of a need for caution; that electric crossing gates will provide greater visibility to a bus driver who can better see students crossing in front of the school bus; that recent incidents where armed individuals have stopped and boarded school buses for the purpose of robbing and terrorizing children on the bus are reflective of a rise in juvenile crime throughout Arkansas and that the immediate implementation of this act is necessary to better address the safety of all school children. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1999, No. 1078, § 92: July 1, 2000.

Acts 2001, No. 1220, § 20: July 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly that changes to the distribution of public school funds must take effect at the time that appropriations become effective and that to not do so would create confusion in the state's public school districts. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 2001.”

Acts 2005, No. 1327, § 8: Mar. 29, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court has determined that current public school academic facilities in Arkansas are inadequate and inequitable; that the General Assembly established the Joint Committee on Educational Facilities to inventory the current condition of public school academic facilities and recommend methods for bringing those facilities into conformity with the court's constitutional expectations; that the Division of Public School Academic Facilities and Transportation is charged with the administration of a comprehensive state program for overseeing the provision of constitutionally appropriate public school academic facilities across the state; and that the division must be given authority to immediately begin work on developing programs to provide constitutionally appropriate public school academic facilities for the benefit of public school students in the State of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 1979, § 5: Apr. 11, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that child safety alarm devices need to be installed in vehicles used to transport more than seven (7) passengers and one (1) driver, for programs licensed by the Department of Human Services in order to protect and preserve their health and safety. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Am. Jur. 67B Am. Jur. 2d, Schools, § 278 et seq.

C.J.S. 78A C.J.S., Schools, § 1030 et seq.

6-19-101. Regulations and standards generally.

The Commission for Arkansas Public School Academic Facilities and Transportation shall promulgate rules and standards governing the school transportation program in school districts that promote and provide a safe, efficient, and economical system of pupil transportation.

History. Acts 1943, No. 156, § 1; 1945, No. 31, § 1; 1947, No. 420, § 1; A.S.A. 1947, § 80-1810; Acts 2009, No. 1473, § 4.

Amendments. The 2009 amendment rewrote the section.

Case Notes

Cited: Little Rock Sch. Dist. v. Pulaski County Special Sch. Dist. No. 1, 597 F. Supp. 1220 (E.D. Ark. 1984).

6-19-102. Authority to transport students — Vehicles and operators.

  1. The board of directors of each school district in the state is authorized to purchase vehicles and otherwise provide means for transporting pupils to and from school, when necessary.
  2. To this end it may hire or purchase such school buses or other vehicles and hire persons to operate them, or make such other arrangements as it may deem best, affording safe and convenient transportation to the pupils, and the board of directors may pay for all such property or services out of the funds of the district.
  3. Any contract with any member of the school district board of directors for the transportation of children or to drive a bus shall be null and void.
  4. A bus or other vehicle used in transporting pupils in one (1) district shall not be used to transport pupils in another district without the consent of the Division of Elementary and Secondary Education, except as specifically allowed by law.
  5. The buses shall be of such specifications as may be prescribed by uniform rules of the Commission for Arkansas Public School Academic Facilities and Transportation.

History. Acts 1931, No. 169, § 102; Pope's Dig., § 11545; A.S.A. 1947, § 80-1801; Acts 1999, No. 1078, § 75; 2009, No. 1473, § 5; 2013, No. 420, § 1; 2019, No. 910, § 1583.

Amendments. The 2009 amendment rewrote (e).

The 2013 amendment added “except as specifically allowed by law” at the end of (d).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (d).

Research References

Ark. L. Rev.

The Contractual and Quasi-Contractual Liability of Arkansas Local Government Units, 20 Ark. L. Rev. 292.

Case Notes

Contract with Member of Board.

The president of a school board contracting to transport pupils was not entitled to compensation therefor after the enactment of this section although the contract in question was entered into before the section became effective. Ridge v. Miller, 185 Ark. 461, 47 S.W.2d 587 (1932).

Passenger Seat Belts.

Exercising authority under Ark. Const. art. XIV, § 4, the General Assembly authorized the Department of Education to adopt regulations regarding school bus design pursuant to §§ 6-19-111(a)-(b), 6-21-304; the department's specifications, which did not mandate passenger seat belts, were required in every school bus contract in the state pursuant to § 6-19-102(e), assuring manufacturers' compliance. Legislative history touching on the issue revealed that the General Assembly considered but rejected mandatory passenger seat belts in school buses several times; consequently, tort claims, which were based on a school bus manufacturer's failure to provide passenger seat belts, were preempted because the manufacturer complied with state specifications governing school bus design, and the applicable statutory and regulatory framework, while silent on the issue, indicated that the General Assembly had affirmatively decided not to require passenger seat belts in school buses. Price v. Thomas Built Buses, 370 Ark. 405, 260 S.W.3d 300 (2007) (see now §§ 6-19-117, 6-19-130).

Transportation Outside District.

Former section did not authorize a contract for the transportation of the children of one district to the schools of another district or to use the school funds to pay tuition in the school of another district. Board of Dirs. v. Holdtorff, 171 Ark. 668, 285 S.W. 357 (1926) (decision under prior law).

Operation of school bus outside the boundary line of the school district was not authorized by law and decree enjoining operation but permitting bus to pick up and discharge children at the boundary line of the district was proper and did not discriminate against children transferred from an adjacent district. Brawley School Dist. No. 38 v. Kight, 206 Ark. 87, 173 S.W.2d 125 (1943).

Cited: King v. Little Rock Sch. Dist., 301 Ark. 148, 782 S.W.2d 574 (1990).

6-19-103. Directors exempt from liability.

  1. It is declared that the directors of all school districts and special school districts in this state in the discharge of their duties as such directors act in a necessary governmental function.
  2. Therefore, no action for personal injuries or damage to property arising out of the acts, conduct, or omissions of such directors in their official capacities shall be brought or maintained in this state against directors personally.

History. Acts 1943, No. 156, § 3; A.S.A. 1947, § 80-1812.

Research References

Ark. L. Rev.

School Board Members' Immunity from § 1983 Suits — Wood v. Strickland, 29 Ark. L. Rev. 554.

Case Notes

Jurisdiction.

The circuit court has jurisdiction to rule on a motion to dismiss based on this section. West Memphis Sch. Dist. No. 4 v. Circuit Court, 316 Ark. 290, 871 S.W.2d 368 (1994).

Malice.

The fact that the school policy was severe could not be made the basis of an action unless malice was shown; damages against the school district, the school administrator or the school board members are never permitted unless they resulted from a malicious motive and action. Wood v. Strickland, 420 U.S. 308, 95 S. Ct. 992, 43 L. Ed. 2d 214 (1975), overruled in part, Harlow v. Fitzgerald, 457 U.S. 800, 102 S. Ct. 2727, 73 L. Ed. 2d 396 (1982).

6-19-104. Bus drivers generally.

Drivers or operators of school buses shall comply with all laws, rules, and regulations pertaining to school bus drivers or operators not in conflict with the provisions of § 6-19-101, § 6-19-103, § 6-19-105 [repealed], and § 6-19-106.

History. Acts 1943, No. 156, § 1; 1945, No. 31, § 1; 1947, No. 420, § 1; A.S.A. 1947, § 80-1810; Acts 2019, No. 315, § 267.

Amendments. The 2019 amendment inserted “rules”.

Case Notes

Cited: Little Rock Sch. Dist. v. Pulaski County Special Sch. Dist. No. 1, 597 F. Supp. 1220 (E.D. Ark. 1984).

6-19-105. [Repealed.]

Publisher's Notes. This section, concerning bus drivers — liability, was repealed by Acts 2011, No. 981, § 10. The section was derived from Acts 1943, No. 156, § 2; A.S.A. 1947, § 80-1811.

6-19-106. Bus drivers — Qualifications.

A person who has been convicted within the past three (3) years of operating a motor vehicle in a reckless manner or who is less than nineteen (19) years of age on June 30 following his or her last birthday shall not be permitted or employed to operate any school bus, either privately or publicly owned, operated by public school districts and used to transport pupils to and from the public schools in the State of Arkansas.

History. Acts 1943, No. 156, § 1; 1945, No. 31, § 1; 1947, No. 420, § 1; 1985, No. 757, § 1; A.S.A. 1947, § 80-1810; Acts 1989, No. 794, § 1; 1999, No. 391, § 15; 2019, No. 757, § 41.

Amendments. The 2019 amendment rewrote (a) and removed the (a) designation; and deleted (b).

Case Notes

Cited: Little Rock Sch. Dist. v. Pulaski County Special Sch. Dist. No. 1, 597 F. Supp. 1220 (E.D. Ark. 1984).

6-19-107. Bus drivers — Application for employment — Driving records.

    1. An applicant for employment as a school bus driver shall submit an application prescribed by the Division of Public School Academic Facilities and Transportation to the school district in which he or she seeks employment.
    2. The application shall include a statement signed by the applicant that authorizes the release of his or her traffic violation report from the Office of Driver Services to provide the school district with the applicant's driving record.
  1. The office shall report the applicant's driving record without charge to the school district requesting the record.
    1. The applicant's driving record shall be evaluated according to guidelines established by the division before permanent employment.
    2. The school district may hire an applicant as a bus driver on a temporary basis until official verification of the driving record is received and evaluated.
    3. The school district shall review and maintain a file of semiannual reports on the driving records of school bus drivers.

History. Acts 1985, No. 757, § 2; A.S.A. 1947, § 80-1826; Acts 2005, No. 1327, § 3.

6-19-108. Bus drivers — Certification.

    1. An applicant seeking employment as a driver or an operator of a school bus, either privately or publicly owned, is required to take and pass a series of tests as prescribed by the Department of Arkansas State Police under § 27-23-108 and the Division of Public School Academic Facilities and Transportation to determine the physical fitness and driving ability to serve as a school bus driver.
    2. The tests shall include:
      1. A physical examination given by a licensed physician or advanced practice nurse for school bus drivers, as required by the division;
      2. Other requirements as may be prescribed by rules issued jointly by the department and the division for qualifications and fitness of school bus drivers; and
      3. A successfully completed standard bus driver training and preservice behind-the-wheel training program as prescribed by the division.
  1. Upon successful completion and documentation of training listed in subdivision (a)(2)(C) of this section, a certificate, valid for one (1) year, shall be issued by the division.
    1. A school bus driver shall not be employed as an operator of a school bus to transport children to and from school or school-sponsored activities unless he or she has satisfactorily completed the in-service training required in subsection (d) of this section and possesses a current valid certificate therefor.
    2. The certificate shall be required in addition to a commercial driver's license and any additional qualifications required by the school district board of directors.
  2. A school bus driver who seeks a renewal of his or her bus driver certificate shall provide proof that he or she has satisfactorily:
    1. Passed a physical examination given by a licensed physician or advanced practice nurse within the previous two (2) years; and
    2. Completed in-service training for school bus drivers as prescribed by the division.
  3. A school district board of directors may provide a substitute driver to operate a school bus on a temporary basis without a certificate until the next regularly scheduled school bus driver's examination is held in the locality if:
    1. A qualified school bus driver is not available to operate a school bus due to death, resignation, disability, illness, or other cause; and
    2. The school district board of directors is not able to obtain a qualified bus driver with a certificate.
  4. Extracurricular trips shall be made by certified drivers only.
  5. A person who violates the provisions of this section is guilty of a Class A misdemeanor.

History. Acts 1963, No. 191, §§ 1-4, 6; 1965, No. 449, § 1; 1985, No. 757, §§ 3, 4; A.S.A. 1947, §§ 80-1821 — 80-1825; Acts 2005, No. 1327, §§ 4, 5; 2005, No. 1994, § 196; 2009, No. 1473, § 6.

Amendments. The 2009 amendment rewrote the section.

6-19-109. Bus drivers — Seat belts.

The driver or operator of a school bus shall wear a seat belt at all times while operating the school bus whenever the bus is so equipped.

History. Acts 1985, No. 757, § 5; A.S.A. 1947, § 80-1827.

Case Notes

Construction with Other Law.

Legislative history indicated that the General Assembly affirmatively decided not to require passenger seat belts in school buses, given its extensive involvement in the regulation of school bus design, in particular, legislation enacted in 1999, § 6-19-109, which required seat belts for school bus drivers, but not passengers, and the fact that the issue came up again in 2001, but died in committee. Price v. Thomas Built Buses, 370 Ark. 405, 260 S.W.3d 300 (2007) (see now §§ 6-19-117, 6-19-130).

6-19-110. Bus drivers — Loading and discharging pupils — Definitions.

  1. As used in this section:
    1. “Motor vehicle” means all vehicles, all movable engines, or machines that are operated or propelled by motor vehicle fuel and that are operated and used for travel on public roads and highways; and
      1. “School bus” means a motor vehicle designed to carry ten (10) or more passengers that is:
        1. Owned by a public or a governmental agency or a private school and operated for the transportation of students to or from school or school-sponsored activities; or
        2. Privately owned and operated for compensation for the transportation of students to or from school or school-sponsored activities.
      2. A motor vehicle designed to carry more than twenty-five (25) passengers is exempt from this section if the motor vehicle is:
        1. Owned by a public or a governmental agency or a private school and operated for the transportation of students to or from school-sponsored activities but not used to transport students on any scheduled school bus route; or
        2. Privately owned and operated for compensation under contract to a school district and used for the transportation of students to or from school-sponsored activities.
  2. The purpose of this section is to improve the safety of children being loaded and unloaded as passengers on a school bus.
    1. The superintendent and director of transportation of each school district, in consultation with the appropriate law enforcement agency and appropriate prosecuting authority, shall develop a school bus safety plan designed to ensure the safety of children being loaded onto or unloaded from school buses.
    2. The school bus safety plan shall include provisions to:
      1. Reduce the occurrence of a motor vehicle passing a stopped school bus that is loading or unloading students; and
      2. Improve the likelihood that the operator of a motor vehicle who violates § 27-51-1004 or § 27-51-1005 will be prosecuted by assisting bus drivers to learn methods of identifying characteristics of a motor vehicle and its operator who violate § 27-51-1004 or § 27-51-1005 to law enforcement officers.
    1. The driver of a school bus shall load and unload the passengers of the bus at the extreme right side of the paved or improved portion of the road or the highway and at the right curbing when the curbing is maintained on the road or the highway.
    2. A driver of a school bus who fails to carry out the provisions of this subsection is guilty of a Class C misdemeanor.
    1. A driver of a school bus who observes an operator of a motor vehicle violating § 27-51-1004 or § 27-51-1005 shall report the license plate number, issuing state if different than Arkansas, and a brief description of the vehicle to the superintendent within two (2) hours after the end of the driver's shift for that period of the day.
    2. Within forty-eight (48) hours of the observation, the superintendent shall provide the information to the appropriate law enforcement agency or appropriate prosecuting authority with jurisdiction over the incident.
    3. The appropriate law enforcement agency or appropriate prosecuting authority with jurisdiction over the incident who is provided a report under this section shall provide written notice to the superintendent regarding the outcome of the report.
    4. The superintendent shall provide information regarding the outcome of the report to the driver of the school bus who initiated the report.
  3. A person who observes an operator of a motor vehicle violating § 27-51-1004 or § 27-51-1005 may report the incident to the appropriate law enforcement agency or appropriate prosecuting authority with jurisdiction over the incident.

History. Acts 1931, No. 132, §§ 1, 3, 4; Pope's Dig., §§ 3623, 3625, 3626; A.S.A. 1947, §§ 80-1813 — 80-1815; Acts 2005, No. 1825, § 1; 2005, No. 1994, § 242; 2007, No. 718, §§ 1, 2; 2007, No. 999, § 1; 2009, No. 1206, § 1; 2011, No. 981, § 11; 2013, No. 420, § 2.

Amendments. The 2009 amendment deleted former (a) and (d), inserted present (b) through (d), and redesignated the remaining subsections accordingly; substituted “appropriate law enforcement agency or appropriate prosecuting authority with jurisdiction over the incident” for “local prosecuting attorney” or similar language in (e)(2), (e)(3), and (f); and made related and minor stylistic changes.

The 2011 amendment rewrote (c)(2)(B).

The 2013 amendment substituted “ten (10) or more passengers that is” for “more than ten (10) passengers” in the introductory language of (a)(2)(A).

Cross References. Duty of operator of motor vehicle passing stopped school bus, § 27-51-1004.

6-19-111. Bus rules — Design and operation.

  1. The Commission for Arkansas Public School Academic Facilities and Transportation shall adopt and enforce rules to govern the design and operation of all school buses used for the transportation of school children when the buses are owned and operated by a school district or privately owned and operated under contract with a school district in this state.
  2. Such rules shall by reference be made a part of any contract with a school district.
  3. Every school district, its officers and employees, and every person employed under contract by a school district shall be subject to the rules.
  4. Any officer or employee of any school district who violates any of the rules or fails to include an obligation to comply with the rules in any contract executed by him or her on behalf of a school district shall be guilty of misconduct and subject to removal from office or employment.
  5. Any person operating a school bus under contract with a school district who fails to comply with any such rules shall be guilty of breach of contract, and the contract shall be cancelled after notice by the responsible officers of the school district.

History. Acts 1937, No. 300, § 102; Pope's Dig., § 6759; A.S.A. 1947, § 80-1809; Acts 2013, No. 420, § 3; 2019, No. 315, § 268.

Amendments. The 2013 amendment rewrote (a).

The 2019 amendment substituted “rules” for “regulations” in the section heading and throughout the section.

Case Notes

Passenger Seat Belts.

Exercising authority under Ark. Const. art. XIV, § 4, the General Assembly authorized the Department of Education to adopt regulations regarding school bus design pursuant to §§ 6-19-111(a)-(b), 6-21-304; the department's specifications, which did not mandate passenger seat belts, were required in every school bus contract in the state pursuant to § 6-19-102(e), assuring manufacturers' compliance. Legislative history touching on the issue revealed that the General Assembly considered but rejected mandatory passenger seat belts in school buses several times; consequently, tort claims, which were based on a school bus manufacturer's failure to provide passenger seat belts, were preempted because the manufacturer complied with state specifications governing school bus design, and the applicable statutory and regulatory framework, while silent on the issue, indicated that the General Assembly had affirmatively decided not to require passenger seat belts in school buses. Price v. Thomas Built Buses, 370 Ark. 405, 260 S.W.3d 300 (2007) (see now §§ 6-19-117, 6-19-130).

Cited: Little Rock Sch. Dist. v. Pulaski County Special Sch. Dist. No. 1, 597 F. Supp. 1220 (E.D. Ark. 1984).

6-19-112. Tax exemption for school vehicles.

  1. All motor vehicles owned and operated by public school districts in Arkansas and used exclusively for school purposes shall be exempt from taxation by the state, county, or municipality.
  2. This exemption is to include license tag fees and charges as well as property taxes.

History. Acts 1927, No. 241, § 1; 1951, No. 43, § 1; 1953, No. 65, § 1; A.S.A. 1947, § 80-1816.

6-19-113. Registration exemption for buses.

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

History. Acts 1963, No. 528, § 1; A.S.A. 1947, § 80-1817.

6-19-114. Purchase of buses.

  1. School buses purchased with loans from the Revolving Loan Fund must meet the prescribed minimum standards, laws, rules, and regulations for school buses and must be owned and operated by the district purchasing them.
    1. Except as provided under § 6-21-306(b), the purchase of school buses with loans from the fund shall be made upon competitive bids.
    2. Forms for bids shall be approved by the State Board of Education.
    3. The district shall advertise for bids by publication of notice in a newspaper having bona fide circulation in the county where the district is located, one (1) time a week for two (2) weeks, giving the date and place of opening bids.
    4. The first publication of notice shall be not less than thirty (30) days from the date set for opening bids and awarding of contracts.
    1. Any school district which shall desire that the state board purchase buses for that school district, instead of making the purchase as provided in this section, may apply to the state board to make the purchase for it.
    2. If the state board shall receive within a sixty-day period application for the purchase of ten (10) or more buses from one (1) or more districts, the purchase shall, collectively, be made by the state board as is provided in this section for advertising for and accepting bids by a school district, except that the advertisement for bids shall be in some newspaper having a statewide circulation.

History. Acts 1943, No. 176, §§ 5-7; A.S.A. 1947, §§ 80-1806 — 80-1808; Acts 2015, No. 846, § 9; Acts 2019, No. 315, § 269.

Amendments. The 2015 amendment added “Except as provided under § 6-21-306(b)” in (b)(1).

The 2019 amendment inserted “laws, rules” in (a).

6-19-115. Bus permit numbers.

    1. The Commission for Arkansas Public School Academic Facilities and Transportation shall establish a system of permit numbers to be used in identifying school buses owned or operated by or in behalf of school districts in this state.
    2. The system of permit numbers shall assign an identifying prefix number to each school district with provisions for consecutive numbers thereafter for buses of the district.
  1. Each school district in this state shall be notified of the permit number assigned the school district under this section and shall be furnished instructions for identifying all school buses owned or operated by or in behalf of the school district.
    1. The permit number assigned each school district and the school district name shall be painted in letters not less than six inches (6") high on both sides and on the rear of all school buses owned by the district or used in behalf of the district.
    2. Permit numbers shall be painted on the buses in compliance with the rules promulgated by the commission.
  2. No school district in this state shall operate a school bus nor shall any school bus be operated for or in behalf of a school district unless the school district name and permit number has been painted on the bus in compliance with this section.
  3. A school district failing to comply with this section shall be penalized by the withholding of all transportation aid due the district from the state until the school district is in compliance with this section.

History. Acts 1961, No. 243, §§ 1-3; A.S.A. 1947, §§ 80-1818 — 80-1820; Acts 2009, No. 1473, § 7.

Amendments. The 2009 amendment rewrote the section.

6-19-116. Bus mirrors.

  1. Every school bus used for the transportation of pupils to or from school shall be equipped with one (1) or more mirrors of sufficient size so positioned on the bus as to permit the driver to see clearly the area immediately in front of the bus.
  2. The Division of Public School Academic Facilities and Transportation is authorized to adopt appropriate rules as it deems necessary to carry out the intent and purposes of this section.

History. Acts 1979, No. 646, §§ 1, 2; A.S.A. 1947, §§ 80-1809.1, 80-1809.2; Acts 2005, No. 1327, § 6; 2019, No. 315, § 270.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (b).

Case Notes

Cited: Little Rock Sch. Dist. v. Pulaski County Special Sch. Dist. No. 1, 597 F. Supp. 1220 (E.D. Ark. 1984).

6-19-117. School bus safety equipment — Definition.

  1. As used in this section, “school bus” means:
    1. A motor vehicle designed to carry ten (10) or more passengers that is:
      1. Owned by a public or a governmental agency or a private school and operated for the transportation of students to or from school or school-sponsored activities; or
      2. Privately owned and operated for compensation for the transportation of students to or from school or school-sponsored activities; and
    2. A motor vehicle designed to carry more than twenty-five (25) passengers is exempt from this section if the motor vehicle is:
      1. Owned by a public or a governmental agency or a private school and operated for the transportation of students to or from school-sponsored activities but not used to transport students on any scheduled school bus route; or
      2. Privately owned and operated for compensation under contract to a school district and used for the transportation of students to or from school-sponsored activities.
    1. Any new school bus whose function involves the loading or discharging of students as passengers shall be equipped with a flashing white strobe light in order to provide greater visibility to drivers in approaching vehicles.
    2. The strobe light shall be in addition to those flasher lights required under § 27-51-1002.
  2. Any new school bus whose function involves the loading or discharging of students as passengers on a regular route shall be equipped with an electric, air, or hydraulic-operated crossing gate in order to prevent a student from crossing in front of the bus in such a way that the school bus driver is unlikely to see him or her.
  3. On and after July 1, 1997, all other school buses shall be retrofitted with a flashing white strobe light and an electric, air, or hydraulic-operated crossing gate for purposes as described in this section.
  4. No later than July 1 of each year, the superintendent of each local school district shall certify to the Division of Public School Academic Facilities and Transportation that the district is in compliance with the provisions of this section.
  5. The Director of the Division of Public School Academic Facilities and Transportation shall cause to be publicized the third week of October as School Bus Safety Week.
  6. If funding is provided as required in § 6-19-130(e), a school bus that is purchased new or leased and that is to be used in Arkansas on or after January 1, 2018, shall be equipped with a passenger restraint system as defined in § 6-19-130 in a number sufficient to allow each student who is being transported in the school bus to use a passenger restraint system.

History. Acts 1995, No. 805, §§ 1-3; 1997, No. 1302, § 3; 2005, No. 1327, § 7; 2007, No. 999, § 2; 2013, No. 420, § 4; 2017, No. 375, § 1.

Amendments. The 2013 amendment substituted “ten (10) or more passengers that is” for “more than ten (10) passengers” in the introductory language of (a)(1).

The 2017 amendment added (g).

6-19-118. [Repealed.]

Publisher's Notes. This section, concerning student passenger excess liability insurance, was repealed by Acts 2001, No. 1220, § 4. The section was derived from Acts 1999, No. 1123, § 1. For current law, see § 6-21-701 et seq.

6-19-119. School bus passengers required to be seated — Definition.

  1. As used in this section, “school bus” means:
    1. A motor vehicle designed to carry ten (10) or more passengers that is:
      1. Owned by a public or a governmental agency or a private school and operated for the transportation of students to or from school or school-sponsored activities; or
      2. Privately owned and operated for compensation for the transportation of students to or from school or school-sponsored activities; and
    2. A motor vehicle designed to carry more than twenty-five (25) passengers is exempt from this section if the motor vehicle is:
      1. Owned by a public or a governmental agency or a private school and operated for the transportation of students to or from school-sponsored activities but not used to transport students on any scheduled school bus route; or
      2. Privately owned and operated for compensation under contract to a school district and used for the transportation of students to or from school-sponsored activities.
  2. A school bus driver shall not operate the school bus until every passenger is seated.
    1. The superintendent of each public school in this state is responsible for ensuring that no school bus is scheduled to transport more students than can be reasonably seated in the school bus.
    2. Any superintendent who knowingly violates subdivision (c)(1) of this section shall be guilty of a violation and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).

History. Acts 2001, No. 1744, § 1; 2005, No. 1994, § 67; 2007, No. 999, § 3; 2013, No. 420, § 5.

Amendments. The 2013 amendment substituted “ten (10) or more passengers that is” for “more than ten (10) passengers” in the introductory language of (a)(1).

6-19-120. Operation of a school bus while using a cellular telephone — Definitions.

  1. As used in this section:
    1. “Cellular telephone” means a wireless two-way communication device that requires the operator to dial numbers manually and that:
      1. Includes radio-telephone communications used in cellular telephone service, personal communication service, or the functional equivalent of a radio-telephone communications line used in cellular telephone service or a personal communication service; and
      2. Does not include a citizens band radio, a citizens band radio hybrid, or any device with push-to-talk capabilities used in a similar manner as a citizens band radio or a citizens band radio hybrid; and
    2. “School bus” means every motor vehicle owned by a public school district or operated under contract for a public school district and used for the transportation of children to or from school or school-sponsored activities.
  2. Except as provided in subsection (c) of this section, a person shall not operate a school bus while using a cellular telephone.
  3. This section does not apply to the use of a cellular telephone:
    1. For the purpose of communicating with any of the following regarding an emergency situation:
      1. An emergency system response operator or 911 public safety communications dispatcher;
      2. A hospital or emergency room;
      3. A physician's office or health clinic;
      4. An ambulance or fire department rescue service;
      5. A fire department, fire protection district, or volunteer fire department; or
      6. A police department;
    2. To call for assistance if there is a mechanical breakdown or other mechanical problem impairing the operation of the bus; or
    3. When the school bus is parked.
  4. A person who violates this section is guilty of a violation and may be fined not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250).
  5. Except as otherwise provided under law, a person operating a school bus may use a two-way radio communications device or any device used in a similar manner as a two-way radio communications device as a means of communicating with:
    1. Central dispatch; or
    2. The school transportation or its equivalent.

History. Acts 2003, No. 219, § 1; 2019, No. 577, §§ 1, 2.

Amendments. The 2019 amendment added “or any device with push-to-talk capabilities used in a similar manner as a citizens band radio or a citizens band radio hybrid” in (a)(1)(B); and added (e).

6-19-121. Approved buses.

After April 11, 2005, no public school in the state shall purchase nonconforming vans, as defined by the federal motor vehicle safety standards in existence on January 1, 2005, to transport students to or from school or to any school-related activity.

History. Acts 2005, No. 1979, § 1.

6-19-122. Safe transportation of school children on buses and other vehicles.

The Division of Public School Academic Facilities and Transportation or its successor shall undertake measures to provide for the safe, reliable, and efficient transportation of school children, including, but not limited to, the following:

  1. Develop and implement a comprehensive maintenance management program for all preventive and other repair or replacement maintenance activities performed, including operating and maintenance documentation, on all public school buses; and
  2. Ensure that the uniform comprehensive maintenance management program is adopted and followed by all school districts.

History. Acts 2005, No. 1979, § 2; 2007, No. 999, § 4.

6-19-123. [Repealed.]

Publisher's Notes. This section, concerning a transportation efficiency study, was repealed by Acts 2011, No. 1006, § 1. The section was derived from Acts 2007, No. 1604, § 1.

6-19-124. [Repealed.]

Publisher's Notes. This section, concerning the Mobile Learning Technology Pilot Program, was repealed by Acts 2017, No. 929, § 5. The section was derived from Acts 2009, No. 827, § 1.

6-19-125. Safety equipment grant pilot program — Definitions.

  1. As used in this section:
    1. “Electronic warning device” means a nine-inch by twenty-four-inch (9" x 24") electronic driver alert sign that uses a light-emitting diode (LED) screen and is to be mounted between the two (2) windows of the rear emergency exit door on a Type C bus or immediately below the rear emergency exit window on a Type D bus;
    2. “High incident route” means a school bus route that has been identified by the school district or the Division of Public School Academic Facilities and Transportation as having a history of repeated and verified incidents of operators of motor vehicles illegally passing the school bus during the loading or unloading of passengers on the school bus route in violation of § 27-51-1004; and
      1. “Video recording device” means a device that includes at least one (1) video camera and a data recording device that is installed on a school bus to capture video or digital images of a violation of § 27-51-1004.
      2. A video recording device that is issued under this section shall have specifications and features that allow it to capture video or digital images of at least two (2) of the following:
        1. The motor vehicle;
        2. The operator of the motor vehicle; or
        3. The license plate on the motor vehicle.
  2. The division shall create a school bus safety equipment grant pilot program, subject to the appropriation and availability of funding.
  3. The goal of the school bus safety equipment grant pilot program is to provide school districts with video recording devices or other electronic warning devices for school buses that travel on high incident routes.
    1. A school district may apply to the division for a grant for a video recording device or electronic warning device for the installation and use on the school district's school buses.
    2. The division shall award a grant of equipment to a school district to improve the safety of school bus transportation to the school district applicants that are most in need as determined by the following factors:
      1. The number of high incident routes;
      2. The number of school bus routes;
      3. The type of roads;
      4. The number of students transported on school buses; and
      5. The size of the school district.
  4. The grant of equipment shall be the video recording device or electronic warning device purchased by the division and does not include installation costs.
  5. The school district shall certify to the division within forty-five (45) days after receiving the equipment that the equipment was installed according to the division's specifications on a school bus that travels on a high incident route.
  6. The division may promulgate rules for the implementation and administration of this section.

History. Acts 2009, No. 1207, § 1.

6-19-126. Notice on school buses.

  1. If a school bus is not equipped with an electronic warning device as defined under § 6-19-125, a school district may have printed or otherwise displayed on the exterior of a school bus between the two (2) windows of the rear emergency exit door on a Type C bus or immediately below the rear emergency exit window on a Type D bus the following notification:
  2. A school bus that is purchased on or after January 1, 2011, shall be equipped with either:
    1. A notice printed or otherwise displayed as provided under subsection (a) of this section; or
    2. An electronic warning device as defined under § 6-19-125.

“ARKANSAS LAW: STOP WHEN RED LIGHTS ARE FLASHING”.

History. Acts 2009, No. 1207, § 2; 2011, No. 1006, § 2.

Amendments. The 2011 amendment substituted “ARKANSAS LAW: STOP WHEN RED LIGHTS ARE FLASHING” for “IT IS A VIOLATION OF ARKANSAS LAW TO PASS A SCHOOL BUS FROM ANY DIRECTION WHEN IT IS STOPPED TO LOAD OR UNLOAD A CHILD” in (a).

6-19-127. Parental monitors on school buses.

  1. The purpose of this section is to protect children from abusive behavior while riding a school bus.
  2. A school district board of directors may create and implement a program to authorize a parent of a child enrolled in the school district to act as a monitor in a school bus.
  3. The Commission for Arkansas Public School Academic Facilities and Transportation shall adopt rules to implement this section.
  4. A parental monitor under this section is a qualified volunteer under the Arkansas Volunteer Immunity Act, § 16-6-101 et seq.

History. Acts 2011, No. 984, § 1.

6-19-128. [Repealed.]

Publisher's Notes. This section, concerning the Compressed Natural Gas School Bus Pilot Program, was repealed by Acts 2017, No. 929, § 6. The section was derived from Acts 2013, No. 1195, § 1.

6-19-129. Advertising on school buses.

  1. A school district board of directors may elect to allow advertising that meets the requirements established by the Commission for Arkansas Public School Academic Facilities and Transportation on school buses.
  2. Any revenue generated from advertisements on school buses shall be used for school transportation purposes only, as determined by the school district board of directors.
  3. The commission shall adopt rules as necessary to implement this section.

History. Acts 2015, No. 941, § 1.

6-19-130. School bus passenger restraint systems — Definitions.

  1. As used in this section, a “passenger restraint system” means:
    1. A type 2 seat belt assembly that is in compliance with Federal Motor Vehicle Safety Standard 209 and with Federal Motor Vehicle Safety Standard 210 as those standards were in effect on the date the school bus was manufactured; or
    2. A type 2 lap and shoulder restraint system and that is in compliance with Federal Motor Vehicle Safety Standard 222.
    1. A school district shall require a student being transported in a school bus operated by or contracted for operation by the school district to wear a passenger restraint system if the school bus is required under § 6-19-117(g) to be equipped with a passenger restraint system for each passenger on the school bus.
    2. Except as provided in subsection (d) of this section, a student being transported in a school bus that is required to be equipped with passenger restraint systems shall use a passenger restraint system at all times while the school bus is in motion.
  2. A school district may implement a disciplinary policy to enforce the use of passenger restraint systems by students being transported in a school bus.
  3. This section does not apply:
      1. To a passenger with a physically disabling condition or medical condition that prevents appropriate restraint in a passenger restraint system, if the condition is certified in writing by a licensed physician or licensed chiropractor.
      2. The licensed physician or licensed chiropractor providing the certification under subdivision (d)(1)(A) of this section shall state the nature of the condition and the reason the passenger restraint system is inappropriate; or
      1. In the case of an emergency that may necessitate the loading of school children on a school bus in excess of the limits of its seating capacity.
      2. As used in this subdivision (d)(2), “emergency” means a natural disaster or hazard that requires students to be moved immediately in order to ensure their safety.
  4. If a petition signed by at least ten percent (10%) of a school district's qualified electors is submitted to the school district requesting that the school district's school buses be equipped with passenger restraint systems, the school district shall:
    1. Propose to levy an additional annual ad valorem property tax on the assessed value of taxable real, personal, or utility property as authorized by Arkansas Constitution, Article 14, § 3(c)(1), for the cost of:
      1. Purchasing, installing, and maintaining the passenger restraint systems required under § 6-19-117(g); and
      2. Developing and making available to each school within the district a program of instruction in the proper use of a school bus passenger restraint system;
    2. Calculate the amount of the additional tax levied to be included in the school district's proposal required by subdivision (e)(1) of this section; and
      1. Place the proposal required by subdivision (e)(1) of this section on the ballot to be voted on by qualified electors at the annual school election held as provided in § 6-14-102(a)(1).
        1. If a school district has a project under consideration at the time the petition required under this subsection is submitted, the school district is not required to place the proposal on the ballot.
        2. However, the proposal shall be voted on at the next annual school election.
  5. Nothing in this section prohibits a school district from purchasing, installing, and maintaining the passenger restraint systems required under § 6-19-117(g) with funds:
    1. Available in foundation funding under § 6-20-2305;
    2. Received by the school district as provided by law; or
    3. Applied for or received as a gift, grant, or donation.

History. Acts 2017, No. 375, § 2.

U.S. Code. Federal Motor Vehicle Safety Standards 209, 210, and 222, referred to in this section, are codified as 49 C.F.R. § 571.209, 49 C.F.R. § 571.210, and 49 C.F.R. § 571.222, respectively.

6-19-131. Automated school bus safety camera — Definition.

  1. As used in this section, “automated school bus safety camera” means a device that is affixed to a school bus and is synchronized to automatically record video or one (1) or more sequenced photographs of a motor vehicle passing a school bus in violation of § 27-51-1004.
  2. A public school district or an open-enrollment public charter school may:
    1. Install and operate an automated school bus safety camera on a school bus; and
    2. Enter into a contract with a private vendor to install and operate the automated school bus safety camera.
  3. A public school district or an open-enrollment public charter school that uses automated school bus safety cameras shall provide a video or photograph recorded by an automated school bus safety camera for use as evidence in a criminal or civil proceeding for a violation of an offense under § 27-51-1001 et seq. when requested by an investigating law enforcement agency.

History. Acts 2017, No. 398, § 1.

Chapter 20 Finances

Research References

Am. Jur. 67B Am. Jur. 2d, Schools, § 110 et seq.

C.J.S. 78 C.J.S., Schools, § 9 et seq.

78A C.J.S., Schools, § 699 et seq.

Subchapter 1 — General Provisions

Effective Dates. Acts 1977, No. 687, § 13: July 1, 1977. Emergency clause provided: “It is hereby found and determined by the Seventy-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1977 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1977 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1977.”

Acts 1993, No. 540, § 9: Mar. 16, 1993. Emergency clause provided: “It is hereby found and determined by the Seventh-Ninth General Assembly that the effective operation of Arkansas public schools is dependent upon the immediate receipt of funds, and this Act will alleviate problems attendant to the delay in the receipt of funds. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1999, No. 1429, § 37: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1999 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1999 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1999.”

Acts 1999, No. 1549, § 33: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that changes to the distribution of public school funds must take effect at the time that appropriations become effective and that not to do so would create confusion in the state's public school districts. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 1999.”

Acts 2001, No. 1220, § 20: July 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly that changes to the distribution of public school funds must take effect at the time that appropriations become effective and that to not do so would create confusion in the state's public school districts. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 2001.”

Acts 2005, No. 1763, § 2: Apr. 7, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that certain out-of-state parties are seeking to make legal claims for educational resources otherwise to be provided to Arkansas public schools; that these legal claims may jeopardize or negatively impact the adequacy of public education funding and resources; and that immediate passage of this act is necessary to ensure the appropriate management of educational services and related costs associated with juveniles placed in a residential or inpatient facility for any care or treatment, including psychiatric treatment. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-20-101. [Repealed.]

Publisher's Notes. This section, concerning State Board of Education bonds used as security for deposit of funds, was repealed by Acts 1999, No. 1549, § 1. The section was derived from Acts 1939, No. 15, § 1; A.S.A. 1947, § 80-936.

6-20-102. Guidance program — State aid.

  1. A school district may initiate a minimum of a one-half (½) time guidance program and receive a pro rata share of the regular state aid for a counselor who has completed six (6) semester hours in guidance and counseling.
  2. Aid for additional years will be continued provided that the counselor makes six (6) semester hours' progress each year until twenty-one (21) semester hours in guidance and counseling are acquired.

History. Acts 1977, No. 687, § 7; A.S.A. 1947, § 80-467.

6-20-103. Electronic warrants transfer system.

    1. The Chief Fiscal Officer of the State, the Treasurer of State, and the Auditor of State shall establish an electronic warrants transfer system to distribute certain funds directly to an account in a financial institution, as designated by the public school district's treasurer.
    2. The determination of the categories of funds to be distributed shall be made by the Commissioner of Education.
      1. The public school district shall accept distributions by the electronic warrants transfer system.
        1. A public school district with a district treasurer may choose to have funds first distributed to the county treasurer or directly to the school district treasurer.
        2. If a school district with a district treasurer chooses direct distribution of funds to the school district treasurer, the State of Arkansas shall forward all state and federal funds for the school district to the district treasurer, whether they are in the form of state warrants or electronic warrants transfers.
        3. If a school district uses the county treasurer as its treasurer, the State of Arkansas shall forward all state and federal funds for the district to the county treasurer, whether they are in the form of state warrants or electronic warrants transfers.
  1. The Chief Fiscal Officer of the State, the Treasurer of State, and the Auditor of State, by joint rules, shall establish the standards and procedures for administering the system, to include the requirement that the electronic warrants transfer shall be in such form that a single instrument shall serve as the electronic warrants transfer.
  2. A single electronic warrants transfer may contain payments to multiple public school districts, appropriations, characters, and funds.

History. Acts 1993, No. 540, §§ 1-5; 1995, No. 233, § 10; 1995, No. 1296, § 25.

Publisher's Notes. Acts 1993, No. 540, is also codified as § 19-4-408.

6-20-104. Reimbursement for educational services provided in juvenile detention facilities — Definition.

    1. As used in this section, “juvenile detention facility” means any facility operated by a political subdivision of the state for the temporary care of juveniles alleged to be delinquent, or adjudicated delinquent, who require secure custody in a physically restricting facility.
    2. Under § 9-27-330(a)(11), such juvenile detention facility must provide educational and other rehabilitative services to adjudicated delinquents who may be ordered by the court to remain in the juvenile detention facility for an indeterminate period not to exceed ninety (90) days.
    1. Upon disposition by the juvenile court that an adjudicated juvenile shall stay in a juvenile detention facility for any period of time, the facility shall notify the juvenile's resident school district of his or her whereabouts and within five (5) days after the juvenile is released shall certify the detention dates to the district.
    2. The school district where the facility is located and the juvenile detention facility shall jointly complete an application for funding to be based on the approved student capacity of the facility and shall submit the application to the Division of Elementary and Secondary Education.
    3. If the amount of state funds due cannot be agreed upon by the juvenile detention facility and the school district where the facility is located, an appeal shall be made to the division. All decisions rendered shall be final.
  1. The division shall issue rules for the effective implementation of this section, including:
    1. The classification of juvenile detention centers as approved residential treatment facilities;
    2. The designation of the juvenile detention facility and the district where the juvenile detention facility is located as responsible for educating the student consistent with federal and state laws for any period of time the student is being held in the facility; and
    3. The designation of the resident district of a student who is being held in a juvenile detention facility as responsible for the timely transfer of a student's educational records to the district where the juvenile detention facility is located upon notification by the court of the student's placement in a juvenile detention facility.

History. Acts 1995, No. 667, §§ 1-4; 1999, No. 1318, § 2; 2019, No. 315, § 271.

Amendments. The 2019 amendment substituted “rules” for “regulations” in the introductory language of (c).

Cross References. Alternative dispositions for delinquent juveniles, § 9-27-330.

6-20-105. [Repealed.]

Publisher's Notes. This section, concerning millage rates, was repealed by Acts 2001, No. 1220, § 5. The section was derived from Acts 1995, No. 1328, § 1.

6-20-106. [Repealed.]

A.C.R.C. Notes. The repeal of this section by Acts 2019, No. 757, § 42, superseded the amendment of this section by Acts 2019, No. 315, § 272, and Acts 2019, No. 910, § 1584. The amendment by Acts 2019, No. 315 deleted “and regulations” following “rules” throughout the section, and the amendment by Acts 2019, No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education”.

Publisher's Notes. This section, concerning Amendment 74 rules and regulations, was repealed by Acts 2019, No. 757, § 42, effective July 24, 2019. The section was derived from Acts 1999, No. 1429, § 28; 2019, No. 315, § 272; 2019, No. 910, § 1584.

6-20-107. Educational cost reimbursement prohibition — Definition.

  1. As used in this section, “juvenile” means a person who is eighteen (18) years of age or younger.
    1. The Division of Elementary and Secondary Education, a public school district, or an open-enrollment public charter school shall not be liable for any educational costs or other related costs associated with the placement of a juvenile in an out-of-state residential or inpatient facility for any care and treatment, including psychiatric treatment, unless:
      1. At the time of placement, the juvenile's physician determines that the out-of-state placement is medically necessary and is the most appropriate placement available;
      2. The division authorizes public payment for educational costs based on a determination that the educational program and facilities are appropriate for the juvenile and the division has approved the facility's educational program;
        1. Each educational program authorization precedes the placement.
        2. If the educational program is not authorized before placement, the division, public school districts, or open-enrollment public charter schools shall not be responsible for educational or other related costs, nor shall they be subject to any order to pay for educational or other related costs; and
      3. The out-of-state residential or inpatient facility is located within a state that borders Arkansas.
    2. Payment under this subsection shall be:
      1. Limited to twenty (20) students at any one (1) time during a calendar year unless:
        1. The juvenile under subdivision (b)(1) of this section qualifies as disabled under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.; and
        2. Payment is required under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.; and
      2. Subject to the availability of division funding.
  2. The division, a public school district, or an open-enrollment public charter school shall not be liable for any educational costs or other related costs associated with the placement of a juvenile in an in-state residential or inpatient facility for any care and treatment, including psychiatric treatment, unless:
    1. The division authorizes public payment for educational costs based on a determination that the educational program and facilities are appropriate for the juvenile and the division has approved the facility's educational program; and
      1. Each educational program authorization precedes the placement.
      2. If the educational program is not authorized before the placement, the division, public school districts, or open-enrollment public charter schools shall not be responsible for education or other related costs, nor shall they be subject to any order to pay for educational or other related costs.
  3. The liability of the division, a public school district, or an open-enrollment public charter school for the educational costs or other related costs described in subsections (b) and (c) of this section shall be limited to the lesser of:
    1. The reimbursement rate established by the division for a juvenile placed in a residential or inpatient facility; or
    2. The normal and customary educational cost reimbursement rate of the state in which a juvenile is placed in an out-of-state residential or inpatient facility as determined by the division.
  4. This section shall not apply to a juvenile placed in an Arkansas juvenile detention facility as defined in § 6-20-104.
  5. Nothing in this section shall be construed to require payment by the division, a public school district, or an open-enrollment public charter school for educational costs and other related costs associated with the placement of a juvenile in an out-of-state residential or inpatient facility for any care or treatment, including psychiatric treatment, before April 7, 2005.

History. Acts 2005, No. 1763, § 1; 2019, No. 523, § 2; 2019, No. 910, §§ 1585-1588.

A.C.R.C. Notes. Acts 2019, No. 523, § 1, provided: “Legislative Findings. The General Assembly finds that:

“(1) Under Arkansas Code § 6-20-107, students who live and attend school in Arkansas are entitled to an education during a stay for care and treatment in a residential or inpatient facility;

“(2) For many students and their families, placement in an out-of-state residential or inpatient facility is appropriate and promotes family participation in the student's care and treatment because the out-of-state facility is closer to the student's home than the nearest in-state facility;

“(3) The General Assembly has historically recognized that many individuals and institutions in Arkansas routinely do business with individuals and institutions in bordering states and has enacted laws that ensure consistency of interaction with in-state and out-of-state individuals, institutions, and services such as airport services, the controlling of illegal drug trafficking, the depositing of Arkansas local school district funds, intergovernmental cooperation agreements, Medicaid reimbursement, municipal water and sewer operations, taxation, and the venue for adoption proceedings;

“(4) Arkansas students and their families should have the ability to seek care and treatment at the closest and most appropriate residential or inpatient facility; and

“(5) Arkansas should cover the educational costs of a student in an out-of-state residential or inpatient facility, subject to physician certification that the placement is medically necessary and the most appropriate placement available, in the same manner that the state covers the educational costs of a student in an in-state residential or inpatient facility.”

Amendments. The 2019 amendment by No. 523 rewrote (b).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b) [now (b)(1)]; and substituted “division” for “department” throughout the section.

Subchapter 2 — Management and Apportionment of Funds Generally

Preambles. Acts 1933, No. 104 contained a preamble which read:

“Whereas, moneys now received through the Federal Government from the National Forest Reserve Fund are distributed in section 133 of Act No. 169 of 1931 to the various school districts of the counties, and,

“Whereas, the local school tax of school districts situated in National Forest Reserves cannot be levied against the land consisting of the National Forest Reserve which results in a great reduction in the school revenues of such districts situated in National Forest Reserves,

“Now, therefore … .”

Acts 1967, No. 229 contained a preamble which read:

“Whereas, the Arkansas History Textbook provided for in Act 229 of 1963 will be published prior to the end of the current fiscal year, and

“Whereas, the proceeds of the sale of the Arkansas History Textbook will accrue to the Public School Fund, and

“Whereas, it is anticipated that additional copies will be printed and sold in the 1967-69 biennium, and

“Whereas, the State Board of Education and the Arkansas History Commission will procure a copyright for said Arkansas History Textbook … .”

Effective Dates. Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1933, No. 55, § 2: approved Feb. 25, 1933. Emergency clause provided: “This Act being for the relief of financially distressed school districts of the State, an emergency is declared to exist, and this act shall take effect and be in force from and after its passage.”

Acts 1933, No. 104, § 3: approved Mar. 16, 1933. Effective date clause provided: “Section 133 of Act 169 of the General Assembly of 1931 and all other laws and parts of laws in conflict with this Act are hereby repealed and this Act shall take effect and be in full force from and after its passage.”

Acts 1967, No. 229, § 5: Mar. 6, 1967. Emergency clause provided: “It is hereby found and determined that the General Assembly has, by a vote of two-thirds of the members elected to both houses, voted to extend the regular session of the 66th General Assembly, as authorized in the Constitution; that under the provisions of Amendment 7 to the Constitution, enactments of the General Assembly that do not have an emergency clause do not become effective until 90 days after the date of final adjournment of the General Assembly; that the extended session of the General Assembly may not adjourn in time for this Act to take effect prior to July 1, 1967, thereby depriving the agency for which funds are appropriated herein of necessary operating funds to commence the next fiscal biennium; and, in order that the appropriation made herein may be available on July 1, 1967, the General Assembly determines that the immediate passage of this Act is necessary. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval, provided that the appropriation authorized herein shall not be available until July 1, 1967.”

Acts 1977, No. 955, § 20: July 1, 1977. Emergency clause provided: “It is hereby found and determined by the Seventy-First General Assembly that the amendments to the Revenue Stabilization Law are essential to the continued operation of State Government. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1977.”

Acts 1985, No. 558, § 4: Mar. 25, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law is not clear with regard to the right of a county treasurer to receive a commission on public school funds handled by him for a district which is not administered in his county; that in some counties of the State both the county treasurer in which school funds are collected and the county treasurer of the county in which the district is administered are taking a full commission on such school funds; that the county treasurer of the county in which funds are collected but in which the school district is not administered actually performs very little service to the district; that to allow treasurers of two counties to take a commission on any particular public school funds places an unfair burden on such funds and on the districts for which such funds are collected; that it is the purpose and intent of this Act to clarify the law to assure that in the case of a school district located in two or more counties, only the county treasurer of the county in which the district is administered is entitled to a commission on the funds of such district and that this Act should be given effect at the earliest possible date to avoid this inequity. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 333, § 3: Mar. 19, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that under present law only the treasurer of a county in which a school district is administered is entitled to receive a commission on school funds; that there are some counties in the State in which no school district is administered and consequently the treasurers of such counties receive no commission on school funds; that the school districts in the respective counties should pay a proportional part of the salaries and expenses of the county treasurer's office in each county and that this Act is designed to correct this situation and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 1194, § 38: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1999, No. 1078, § 92: July 1, 2000.

Acts 1999, No. 1429, § 37: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1999 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1999 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1999.”

Acts 1999, No. 1549, § 33: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that changes to the distribution of public school funds must take effect at the time that appropriations become effective and that not to do so would create confusion in the state's public school districts. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 1999.”

Acts 2003 (1st Ex. Sess.), No. 51, § 28: July 1, 2003, except that Sections 24 and 25 are effective May 9, 2003. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2003 is essential to the operation of the agency for which the appropriations in this Act are provided, and that the General Assembly recognizes the important contribution to education made by the Pygmalion Commission on Nontraditional Education, and that recognizing and identifying how the educational system is failing a child early enough to provide meaningful intervention is necessary to improve the educational outcomes for at-risk students, and the Pygmalion Commission shall expire on June 30, 2003 unless the General Assembly continues the Commission by further act, and that Section 24 of this Act shall become effective immediately upon its passage and approval, and that the General Assembly further recognizes the financial hardships placed on school district resources if the required salary increase authorized by The Educator Compensation Act of 2001 is to continue, and that Section 25 of this Act shall become effective immediately upon its passage and approval due to the economic downturn of state revenues and insufficient resources to provide school districts with sufficient funds to implement the required salary increase, and that in the event of an extension of the Regular Session, the delay in the effective date of the remaining sections of this Act beyond July 1, 2003, could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety: (1) Section 24 and Section 25 of this act shall become effective on: (A) The date of its approval by the Governor; (B) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (C) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto; and (2) All other sections of this act shall become effective on July 1, 2003.”

Acts 2003 (2nd Ex. Sess.), No. 98, § 10: Feb. 10, 2004. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on the date of its passage and approval is essential to the operation of the agency for which the appropriations in this Act are provided due to the November 2002 Arkansas Supreme Court decision regarding the Arkansas system of public schools, and that in the event of an extension of the Second Extraordinary Session, the delay in the effective date of this Act beyond the date of its passage and approval could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2005, No. 2131, § 38: July 1, 2005. Emergency Clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2005 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2005 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2005.”

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 128: July 1, 2016.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-20-201. [Repealed.]

Publisher's Notes. This section, concerning the allocation of funds to districts, was repealed by Acts 1999, No. 1078, § 76 and No. 1549, § 2. The section was derived from Acts 1979, No. 598, §§ 2, 3; A.S.A. 1947, §§ 80-712, 80-713.

6-20-202. Land Sales Fund.

When the Treasurer of State receives the following proceeds from the Commissioner of State Lands, it shall be the duty of the Treasurer of State to set aside that amount to the credit of the Land Sales Fund:

  1. The proceeds from the sale of all lands that have been or hereafter may be granted by the United States to this state and not otherwise appropriated by the United States to this state, and also all moneys, stocks, bonds, lands, and other property now belonging to any fund for purposes of education;
  2. The net proceeds of all sales of lands and other property and effects that may accrue to this state by escheat, from sales of estrays, from unclaimed dividends, or from distributive shares of the estates of deceased persons;
  3. Any proceeds of the sale of public lands which may have been, or may be, paid over to the state, the United States Congress consenting;
  4. All the net proceeds of the sales of all state land, including land sold for taxes; and
  5. All grants, gifts, or devises.

History. Acts 1931, No. 169, § 127; 1933, No. 55, § 1; Pope's Dig., §§ 8635, 11569, 13859; A.S.A. 1947, § 80-701.

Case Notes

Nature of Fund.

Revenues accruing under this section and all revenues standing to the credit of the Permanent School Fund (now Public School Fund) are property of the state for public school purposes only; and the State Board of Education, in investing these funds, acts as an agent of the state. State ex rel. Holt v. State Bd. of Educ., 195 Ark. 222, 112 S.W.2d 18 (1937).

6-20-203. Public School Fund — Creation and management.

    1. At the end of each fiscal year, the Treasurer of State shall transfer to the credit of the Public School Fund all unappropriated balances of the Land Sales Fund that have been or may be made to this state and that are not otherwise appropriated by the terms of the grant, gift, or devise.
      1. The balances shall be securely invested and preserved as the Public School Fund of the state and shall be the common property of the state for public school purposes only.
      2. The Public School Fund shall remain inviolate and intact, and the interest thereon only shall be expended for the maintenance of the schools of the state.
  1. All moneys belonging or owing to the Public School Fund, as mentioned in subsection (a) of this section, or accruing as revenues therefrom, shall be paid directly into the State Treasury and shall not be paid out except on a warrant of the Auditor of State.
  2. Under the direction of the State Board of Education, the Auditor of State shall draw his or her warrants on the Treasurer of State for the disbursement of those funds for those purposes.

History. Acts 1931, No. 169, §§ 9, 127, 128; 1933, No. 55, § 1; Pope's Dig., §§ 8635, 11449, 11569, 11570, 13859; A.S.A. 1947, §§ 80-701 — 80-703; Acts 1999, No. 1549, § 3.

Research References

ALR.

Procedural issues concerning public school funding cases. 115 A.L.R.5th 563.

Case Notes

Construction of School.

Permanent School Fund (now Public School Fund) was not available for the construction of a school for the blind. Walls v. State Bd. of Educ., 195 Ark. 955, 116 S.W.2d 354 (1938).

Loans.

The Permanent School Fund (now Public School Fund) could not properly be diminished by its use; while funds could be loaned, only accruing interest could be used, it being presumed that money would be repaid or be refunded. Walls v. State Bd. of Educ., 195 Ark. 955, 116 S.W.2d 354 (1938).

While Permanent School Fund (now Public School Fund) could be loaned so that interest could accrue, it could not be borrowed upon the credit of the state, wherein the resources or revenues of the state could be pledged, directly or indirectly, for the repayment. Walls v. State Bd. of Educ., 195 Ark. 955, 116 S.W.2d 354 (1938).

Nature of Fund.

Revenues accruing under § 6-20-202 and all revenues standing to the credit of the Permanent School Fund (now Public School Fund) are property of the state for public school purposes only; the State Board of Education, in investing these funds, acts as an agent of the state. State ex rel. Holt v. State Bd. of Educ., 195 Ark. 222, 112 S.W.2d 18 (1937).

6-20-204. Public School Fund — Sources and purpose.

  1. The annual interest and income derived from the Public School Fund, the annual revenue of the state that is set apart by law for general purposes, and all other revenue and funds that may come into the State Treasury for such purposes shall constitute the Public School Fund of the state.
  2. Each year the Public School Fund shall be apportioned for the support of public schools as provided by law.

History. Acts 1931, No. 169, § 129; Pope's Dig., § 11571; A.S.A. 1947, § 80-704; Acts 1999, No. 1549, § 4.

6-20-205. Public School Fund — Arkansas History Textbook Revolving Fund.

  1. The State Board of Education is authorized to publish and offer for sale an Arkansas history textbook copyrighted in the name of the state board and the Arkansas State Archives.
  2. The state board shall establish a procedure for marketing the textbook and shall establish a sale price schedule.
  3. Net proceeds received from the sale of the Arkansas history textbook shall be deposited to the credit of the Public School Fund.
  4. There is established in the Public School Fund an Arkansas History Textbook Revolving Fund for the purpose of expediting the purchase and sale of an Arkansas history textbook.

History. Acts 1963, No. 229, §§ 1, 2; 1967, No. 229, §§ 1, 2; A.S.A. 1947, §§ 80-704.1, 80-704.2; Acts 2016 (3rd Ex. Sess.), No. 2, § 94; 2016 (3rd Ex. Sess.), No. 3, § 94.

A.C.R.C. Notes. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 1, provided:

“(a) The General Assembly finds:

“(1) State government provides vital functions that impact the lives of Arkansas citizens on a daily basis;

“(2) While these functions are important, it is equally important to ensure that state government operates efficiently and effectively to eliminate unnecessary spending of tax dollars and provide timely and quality services to Arkansas citizens; and

“(3) Issues such as the administrative organization of a governmental entity, the appointment structure of a governmental entity's governing board, and extraneous duties assigned to governmental entities hamper the operation of state government and result in unnecessary expenses and delays in the provision of state services.

“(b) It is the intent of this act to amend provisions of law applicable to certain agencies, task forces, committees, and commission to promote efficiency and effectiveness in the operations of state government as a whole.”

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “State Archives” for “History Commission” in (a).

6-20-206. Public School Fund — Priority of funding.

In determining the allocation of available funds to the various programs in the Public School Fund, the State Board of Education shall consider those line items necessary to provide an equitable and adequate education to be of highest priority above all other programs and commitments.

History. Acts 1977, No. 955, § 19; A.S.A. 1947, § 80-704.3; Acts 1999, No. 391, § 16; 2005, No. 2121, § 11.

6-20-207 — 6-20-209. [Repealed.]

Publisher's Notes. Former §§ 6-20-2076-20-209, concerning the public school fund: aid to districts with orphanages, correction of apportionment upon change of county lines, and vouchers drawn at times provided by resolutions, were repealed by Acts 1999, No. 1549, §§ 5-7. The sections were derived from the following sources:

6-20-207. Acts 1943, No. 53, § 1; 1965, No. 10, § 1; 1975, No. 651, § 1; 1983, No. 521, § 1; A.S.A. 1947, § 80-714.

6-20-208. Acts 1931, No. 169, § 131; Pope's Dig., § 11573; A.S.A. 1947, § 80-716.

6-20-209. Acts 1943, No. 179, § 1; A.S.A. 1947, § 80-717.

6-20-210. [Repealed.]

A.C.R.C. Notes. The repeal of this section by Acts 2019, No. 757, § 43, superseded the amendment of this section by Acts 2019, No. 910, § 1589. The amendment by Acts 2019, No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” and “division” for “department” throughout the section.

Publisher's Notes. This section, concerning Pulaski County desegregation, was repealed by Acts 2019, No. 757, § 43, effective July 24, 2019. The section was derived from Acts 2003 (1st Ex. Sess.), No. 51, § 9; 2003 (2nd Ex. Sess.), No. 98, § 7; 2019, No. 910, § 1589.

Former § 6-20-210, concerning estimates of available moneys and lists of school closing dates, was repealed by Acts 1993, No. 294, § 13. The section was derived from Acts 1943, No. 179, § 2; A.S.A. 1947, § 80-718.

6-20-211. Public School Fund — Carryover balances.

The State Board of Education shall have the authority to budget carryover balances in the Public School Fund.

History. Acts 1995, No. 1194, § 25; 1999, No. 1549, § 8.

Publisher's Notes. Former § 6-20-211, concerning withholding excess funds, was repealed by Acts 1993, No. 294, § 13. The section was derived from Acts 1943, No. 179, § 2; A.S.A. 1947, § 80-718.

6-20-212. [Repealed.]

A.C.R.C. Notes. The repeal of this section by Acts 2019, No. 757, § 44, superseded the amendment of this section by Acts 2019, No. 910, § 1590. The amendment by Acts 2019, No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education”, substituted “division” for “department”, and deleted an obsolete provision.

Publisher's Notes. This section, concerning desegregation expenses, was repealed by Acts 2019, No. 757, § 44, effective July 24, 2019. The section was derived from Acts 2005, No. 2131, § 12; 2019, No. 910, § 1590.

Former § 6-20-212, concerning advance apportionments, was repealed by Acts 1993, No. 294, § 13. The section was derived from Acts 1943, No. 179, §§ 3, 4; 1953, No. 384, § 17; A.S.A. 1947, §§ 80-719, 80-720.

6-20-213, 6-20-214. [Repealed.]

Publisher's Notes. These sections, concerning suits to recover moneys owed and the Auditor of State's report, were repealed by Acts 1993, No. 294, § 13. The sections were derived from the following sources:

6-20-213. Acts 1931, No. 169, § 10; Pope's Dig., § 11450; A.S.A. 1947, § 80-705.

6-20-214. Acts 1931, No. 169, § 11; Pope's Dig., § 11451; A.S.A. 1947, § 80-706.

6-20-215. General school fund — Sources generally.

The general school fund of any county shall be composed of all money received from the Public School Fund of the state, such fines, penalties, and other money as shall be accrued to the general school fund in accordance with the law, and any appropriation from the general revenue of the county for public school purposes.

History. Acts 1931, No. 169, § 132; Pope's Dig., § 11574; A.S.A. 1947, § 80-721; Acts 1993, No. 294, § 13; 1999, No. 1549, § 9.

Research References

ALR.

Procedural issues concerning public school funding cases. 115 A.L.R.5th 563.

6-20-216. General school fund — Apportionment generally.

The county treasurer shall apportion the general school fund of the county based upon the average daily membership of the school districts within the county. Each school district within the county shall receive its pro rata share of the general school fund of the county.

History. Acts 1931, No. 169, § 36; A.S.A. 1947, § 80-723; Acts 1993, No. 294, § 13; 1999, No. 1078, § 77; 2005, No. 433, § 1.

Cross References. County treasurer custodian of school funds, § 14-15-803.

Use, purposes of school fund, Ark. Const., Art. 14, § 2.

Research References

Ark. L. Rev.

Brinkley Beecher Cook-Campbell, Comment: “Schoolhouse Block”: Why the Arkansas Public School Choice Act Should Be Improved but Not Eliminated, 67 Ark. L. Rev. 927 (2014).

6-20-217. General school fund — Funds of doubtful application.

The quorum court of any county is authorized to place all funds about which there is a doubt as to their proper application to the credit of the general school fund in the county treasury. These funds shall be apportioned by the county treasurer among the school districts of the county based upon the average daily membership of each school district.

History. Acts 1931, No. 169, § 135; Pope's Dig., § 11577; A.S.A. 1947, § 80-722; Acts 1999, No. 1078, § 78; 2005, No. 433, § 2.

6-20-218. Federal funds and National Forest Reserve Fund — Apportionment to counties in national forests.

  1. All moneys received by the counties for the support of the public schools from the United States government from the income from the national forests shall be paid by the county treasurer upon receipt from the Treasurer of State only to the school districts that lie in or partially in national forest boundary lines.
  2. The amount of money to be apportioned by the school authorities to the school districts, as provided in this section, shall be in proportion to the number of acres of national forest lands lying within the boundaries of each school district.

History. Acts 1933, No. 104, § 1; Pope's Dig., § 11575; A.S.A. 1947, § 80-726.

Case Notes

Conflict with Federal Law.

This section could not be construed to require counties to share the federal funds, under the Payments in Lieu of Taxes Act, with school districts. Altus-Denning Sch. Dist. No. 31 v. Franklin County, 568 F. Supp. 95 (W.D. Ark. 1983).

6-20-219. [Repealed.]

Publisher's Notes. This section, concerning state transportation aid funds and prohibited operation of certain school buses, was repealed by Acts 1997, No. 1133, § 2. The section was derived from Acts 1961, No. 242, §§ 1, 2; 1975, No. 648, § 1; 1979, No. 196, § 1; 1983, No. 597, § 1; 1983 (1st Ex. Sess.), No. 83, § 1; 1983 (1st Ex. Sess.), No. 84, § 1; A.S.A. 1947, §§ 80-735, 80-736; Acts 1991, No. 401, § 1; 1991, No. 840, § 1.

6-20-220. [Repealed.]

Publisher's Notes. This section, concerning county treasurer's report to the county board of education or board's designee, was repealed by Acts 1995, No. 233, § 21. The section was derived from Acts 1931, No. 169, § 136; Pope's Dig., § 11578; A.S.A. 1947, § 80-724; Acts 1993, No. 294, § 13.

6-20-221. County treasurer's commission on school funds — Exceptions.

  1. Unless otherwise provided by law, the county treasurer shall be allowed a commission of two percent (2%) on all school funds paid into his or her hands, except on borrowed money, or the proceeds of the sale of bonds and all other funds on which the law shall not allow commission. In the case of a school district that is composed of area in two (2) or more counties, only the county treasurer of the county in which the school district is administered shall be allowed a commission on the funds of the school district unless the school district has a district treasurer, in which case the county treasurer collecting the school district funds shall be allowed a commission on the funds of that school district.
  2. The county school funds shall pay such proportional part of the salaries and expenses of the county treasurer's office as the total county treasurer's commissions on school funds bear to the total county treasurer's commissions on all funds.

History. Acts 1931, No. 169, § 137; Pope's Dig., § 11579; Acts 1985, No. 558, § 1; A.S.A. 1947, § 80-725; Acts 1987, No. 333, § 1.

6-20-222. Deposit of school funds — Security.

  1. All general deposits of school funds in banks shall be secured by general obligation bonds of the United States, by bonds, notes, debentures, or other obligations issued by an agency of the United States Government, by bonds of the State of Arkansas, or by bonds of a political subdivision thereof which has never defaulted on any of its obligations, in an amount at least equal to the amount of the deposit, or by a bond executed by a surety company authorized to do business in the State of Arkansas, the surety on the bond to be approved by the Commissioner of Education.
  2. If the bank selected by the school district board of directors as a depository of its funds shall be unable to secure the school deposit as set out in this section, it shall be authorized to accept the funds as a preferred deposit, and in the event of insolvency, the preferred deposit shall be paid in full before other bank deposits are paid.

History. Acts 1931, No. 169, § 74; Pope's Dig., § 11510; A.S.A. 1947, § 80-728; Acts 1995, No. 402, § 2.

Cross References. Investments of public funds permitted, § 19-1-504.

Case Notes

Deposit.

This section must be construed together with § 23-33-303 [repealed] but no particular form of writing is required. Wasson v. Pledger, 192 Ark. 1006, 96 S.W.2d 8 (1936). See Boone County Bd. of Educ. v. Taylor, 185 Ark. 869, 50 S.W.2d 241 (1932); Taylor v. Gregory Special Sch. Dist., 187 Ark. 110, 58 S.W.2d 420 (1933).

Letter of cashier of bank designated as county depository of school funds specifically stating that deposit was accepted under the provisions of this section and would be treated as a preferred deposit was a substantial compliance with the law so that law existing at the time became a part of the contract. Wasson v. Pledger, 192 Ark. 1006, 96 S.W.2d 8 (1936).

Depositories.

County board of education could designate all the three banks in county as depositories for the school funds of the county. Wasson v. Pledger, 192 Ark. 1006, 96 S.W.2d 8 (1936).

6-20-223. Noncredit remedial courses.

  1. Noncredit remedial courses of instruction taken by a student at a state-supported institution of higher education in this state to qualify for unconditional admission to the institution or to another state-supported institution of higher education in this state may be included within the meaning of public school purposes.
  2. Nothing in this section shall be interpreted as authorizing a state-supported institution to receive direct payments from the Division of Elementary and Secondary Education or from a school district for noncredit remedial courses taken by a student.

History. Acts 1999, No. 375, § 1; 2019, No. 910, § 1591.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b).

6-20-224. Federal turnback funds.

Any federal mineral leasing funds, federal forest reserve funds, federal flood control funds, or any similar turnback funds in the State Treasury for which the eligible county or school district cannot be identified may be transferred to the Division of Elementary and Secondary Education Public School Fund Account and used for any lawful school purpose.

History. Acts 1999, No. 1429, § 25; 2019, No. 910, § 1592.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education”.

6-20-225. Loan or transfer repayment.

Notwithstanding the provisions of § 19-5-501 et seq., or any law to the contrary, up to two million dollars ($2,000,000) received by the Public School Fund from the Budget Stabilization Trust Fund either by loan or transfer during the 1996-1997 fiscal year, shall be repaid from time to time by transfer by the Treasurer of State from either the Public School Support Fund or the Public School Fund, or its appropriate fund account, solely from revenues generated by the income tax surcharge levied by § 6-20-312(c) [repealed] after the provisions of § 19-6-481(b) [repealed] have been achieved.

History. Acts 1999, No. 1429, § 31.

Subchapter 3 — Equitable School Finance System Act

Publisher's Notes. Sections 6-20-301 — 6-20-318, 6-20-320, and 6-20-321 of former subchapter 3, the School Finance Act, were repealed by Acts 1995, No. 917, § 15. The sections were derived from the following sources:

6-20-301. Acts 1983 (1st Ex. Sess.), No. 34, § 1; A.S.A. 1947, § 80-850.10.

6-20-302. Acts 1983 (1st Ex. Sess.), No. 34, § 2; 1985, No. 460, § 1; 1985, No. 789, § 1; A.S.A. 1947, § 80-850.11; Acts 1987, No. 662, § 1; 1989, No. 24, §§ 1, 4; 1989, No. 148, §§ 1, 2; 1991, No. 401, §§ 2, 3; 1993, No. 294, § 13; 1993, No. 968, § 1; 1993, No. 1070, §§ 2, 3; 1994 (1st Ex. Sess.), No. 1, § 1.

6-20-303. Acts 1983 (1st Ex. Sess.), No. 34, § 12; A.S.A. 1947, § 80-850.21.

6-20-304. Acts 1983 (1st Ex. Sess.), No. 34, § 13; A.S.A. 1947, § 80-850.22.

6-20-305. Acts 1983 (1st Ex. Sess.), No. 34, § 3; A.S.A. 1947, § 80-850.12; Acts 1993, No. 294, § 13.

6-20-306. Acts 1983 (1st Ex. Sess.), No. 34, § 4; 1985, No. 460, § 2; A.S.A. 1947, § 80-850.13; Acts 1989, No. 24, §§ 2, 3; 1989 (3rd Ex. Sess.), No. 37, § 1; 1991, No. 401, § 4; 1993, No. 294, § 13; 1993, No. 968, § 2; 1994 (1st Ex. Sess.), No. 1, § 2.

6-20-307. Acts 1983 (1st Ex. Sess.), No. 34, § 8; A.S.A. 1947, § 80-850.17; Acts 1987, No. 819, § 1; 1989, No. 820, § 1; 1991, No. 401, § 5; 1993, No. 465, § 1; 1993, No. 1043, § 1; 1995, No. 585, §§ 1, 2; 1995, No. 1142, § 1.

6-20-308. Acts 1983 (1st Ex. Sess.), No. 34, § 10; A.S.A. 1947, § 80-850.19; Acts 1993, No. 470, § 1.

6-20-309. Acts 1983 (1st Ex. Sess.), No. 34, § 5; 1985, No. 674, § 1; A.S.A. 1947, § 80-850.14; Acts 1987 (1st Ex. Sess.), No. 3, § 1; 1989, No. 30, § 1; 1991, No. 401, § 6; 1991, No. 618, §§ 1, 2.

6-20-310. Acts 1983 (1st Ex. Sess.), No. 34, § 6; 1983 (1st Ex. Sess.), No. 107, § 1; 1985, No. 674, § 2; A.S.A. 1947, § 80-850.15; Acts 1987, No. 203, § 1; 1989, No. 480, § 1; 1993, No. 294, § 13; 1994 (1st Ex. Sess.), No. 1, § 4.

6-20-311. Acts 1983 (1st Ex. Sess.), No. 34, § 6; 1985, No. 789, § 2; A.S.A. 1947, § 80-850.15.

6-20-312. Acts 1983 (1st Ex. Sess.), No. 34, § 6; A.S.A. 1947, § 80-850.15. This section was previously repealed by Acts 1993, No. 294, § 13.

6-20-313. Acts 1983 (1st Ex. Sess.), No. 34, § 6; A.S.A. 1947, § 80-850.15; Acts 1987, No. 377, § 1; 1989, No. 24, § 5; 1993, No. 294, § 13; 1994 (1st Ex. Sess.), No. 1, § 5; 1995, No. 915, § 10.

6-20-314. Acts 1983 (1st Ex. Sess.), No. 34, § 7; A.S.A. 1947, § 80-850.16; Acts 1991, No. 401, §§ 7, 8; 1993, No. 968, § 3; 1994 (1st Ex. Sess.), No. 1, § 3.

6-20-315. Acts 1983 (1st Ex. Sess.), No. 34, § 9; A.S.A. 1947, § 80-850.18.

6-20-316. Acts 1983 (1st Ex. Sess.), No. 34, § 9; A.S.A. 1947, § 80-850.18; Acts 1991, No. 1016, § 1; 1993, No. 294, § 13.

6-20-317. Acts 1983 (1st Ex. Sess.), No. 34, § 9; A.S.A. 1947, § 80-850.18.

6-20-318. Acts 1983 (1st Ex. Sess.), No. 34, § 9; A.S.A. 1947, § 80-850.18.

6-20-320. Acts 1989, No. 24, § 6; 1989 (3rd Ex. Sess.), No. 37, § 2; 1991, No. 401, §§ 11, 12.

6-20-321. Acts 1993, No. 1186, § 1.

6-20-301 — 6-20-311. [Repealed.]

Publisher's Notes. These sections, concerning the Equitable School Finance System Act of 1995, were repealed by Acts 2003 (2nd Ex. Sess.), No. 59, § 4. The sections were derived from the following sources:

6-20-301. Acts 1995, No. 917, § 1.

6-20-302. Acts 1995, No. 917, § 2; 1997, No. 1307, § 1.

6-20-303. Acts 1995, No. 917, § 4; 1997, No. 439, § 1; 1997, No. 1307, § 2; 1999, No. 1549, § 10; 2001, No. 1220, § 6.

6-20-304. Acts 1995, No. 917, § 14.

6-20-305. Acts 1995, No. 917, § 13.

6-20-306. Acts 1995, No. 917, § 3; 1997, No. 1307, § 3.

6-20-307. Acts 1995, No. 917, § 3; 1997, No. 1307, § 4; 1999, No. 1549, § 11.

6-20-308. Acts 1995, No. 917, § 3; 1997, No. 1158, § 1; 1997, No. 1307, § 5; 1999, No. 1549, § 12.

6-20-309. Acts 1995, No. 917, § 3; 1997, No. 1307, § 7; 1999, No. 1549, § 13.

6-20-310. Acts 1995, No. 917, § 3; 1997, No. 1307, § 8; 1999, No. 100, § 11; 2001, No. 1220, § 7.

6-20-311. Acts 1995, No. 917, § 5; 1997, No. 1307, § 9; 1999, No. 1549, § 14.

6-20-312. [Repealed.]

A.C.R.C. Notes. The repeal of this section by Acts 1997, No. 1173, superseded the amendment of this section by Acts 1997, No. 1040, § 3. The amendment by Acts 1997, No. 1040, § 3, limited the tax to the year 1996.

Publisher's Notes. This section, concerning a tax surcharge, was repealed by Acts 1997, No. 1173, § 2. The section was derived from Acts 1995, No. 916 §§ 1, 2; 1995, No. 917, § 7.

6-20-313 — 6-20-318. [Repealed.]

Publisher's Notes. As to the repeal of these sections, see the Publisher's Notes at the beginning of this subchapter.

6-20-319, 6-20-320. [Repealed.]

Publisher's Notes. These sections, concerning other requirements for state aid and computation of classroom teacher salaries, were repealed by Acts 2003 (2nd Ex. Sess.), No. 59, § 4. The sections were derived from the following sources:

6-20-319. Acts 1983 (1st Ex. Sess.), No. 34, § 11; A.S.A. 1947, § 80-850.20; Acts 1987, No. 594, § 1; 1991, No. 401, §§ 9, 10; 1995, No. 917, § 15; 1995, No. 1194, § 23; 1999, No. 1549, § 17.

6-20-320. Acts 1995, No. 1194, § 11.

6-20-321. [Repealed.]

Publisher's Notes. As to the repeal of this section, see the Publisher's Notes at the beginning of this subchapter.

6-20-322. [Repealed.]

Publisher's Notes. This section, concerning enforcement mechanisms, was repealed by Acts 1999, No. 1549, § 18. The section was derived from Acts 1995, No. 917, § 7.

6-20-323 — 6-20-327. [Repealed.]

Publisher's Notes. These sections, concerning special needs students, incentive revenues to encourage local millage, state equalization funding for natural disaster areas, districts losing revenues, and calculation and disbursement of funds authorized, were repealed by Acts 2003 (2nd Ex. Sess.), No. 59, § 4. The sections were derived from the following sources:

6-20-323. Acts 1997, No. 1307, § 11; 1999, No. 1549, § 19.

6-20-324. Acts 1997, No. 1307, § 6; 1999, No. 1549, § 20.

6-20-325. Acts 1999, No. 975, § 1.

6-20-326. Acts 1999, No. 1296, § 1; 1999, No. 1549, § 15.

6-20-327. Acts 1999, No. 1549, § 16.

Subchapter 4 — District Finances

Preambles. Acts 1969, No. 76 contained a preamble which read:

“Whereas, the laws of Arkansas prohibit school districts from incurring obligations in any school year in excess of the revenues for that year; and

“Whereas, the school fiscal officer and the county treasurer are jointly liable for the issuance, signing and payment of any warrant in violation of said laws; and

“Whereas, said laws do not provide ample safeguards whereby the county treasurer may evaluate school district warrants to determine that the fiscal laws are being complied with, and thereby impose an unfair obligation upon the county treasurer in making him liable for warrants issued in violation of such law; and

“Whereas, clarification of the duties of the school fiscal officer and the county treasurer with respect to payment of school district warrants is necessary in order that the duties and obligation of each of said offices may be more clearly defined … .”

Effective Dates. Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1939, No. 194, § 4: Mar. 9, 1939. Effective date clause provided: “All laws and parts of laws in conflict herewith are hereby repealed and this Act shall be in full force and effect from its passage and approval.”

Acts 1949, No. 286, § 4: Mar. 19, 1949. Effective date clause provided: “All laws and parts of laws in conflict are hereby repealed and this Act shall be in full force and effect from its passage and approval.”

Acts 1958 (2nd Ex. Sess.), No. 3, § 2[3]: Aug. 29, 1958. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas; (1) that in many of the school districts of the state there has been, in 1958, a significant increase in assessed valuations, making it possible to reduce the local school tax rate in the annual school election to be held in December 1958; (2) that the method of computing the net proceeds of local taxes for school purposes, based upon tax rates pledged for debt service when assessments were much lower will create a financial hardship unless an alternate method is provided; and (3) that only the provisions of this Act will alleviate the aforementioned situation. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the preservation of the public peace, health, and safety, shall take effect and be in full force from and after the date of its passage and approval.”

Acts 1969, No. 76, § 4: Feb. 20, 1969. Emergency clause provided: “There is hereby found and determined by the General Assembly that the existing laws of this State making a county treasurer and his surety jointly liable with a school fiscal officer for payment of school warrants drawn in violation of the laws imposes an undue burden upon the county treasurer since he has no means by which to determine whether a school district's obligations drawn against the revenues of a particular school year may not have, in fact, been incurred in a different school year; and, that the immediate passage of this act is necessary to clarify said laws with respect to the duties and obligations of a school fiscal officer and the county treasurer in the expenditure of school district funds. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1977, No. 494, § 4: July 1, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need to expand the authority of school districts to issue post-dated warrants and that such action will facilitate the operation of the school districts in this State; that under Amendment Number 7 to the Arkansas Constitution, acts without an emergency clause become effective ninety (90) days after final adjournment of the General Assembly; that it may be necessary to extend the Session, as authorized in Article 5, Section 17 of the Constitution, and that an extension of the Session might result in this Act not becoming effective until after July 1, 1977, unless an emergency is declared; and that it is essential that this Act go into effect on July 1, 1977. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall take effect and be in force from and after July 1, 1977.”

Acts 1983, No. 438, § 4: Mar. 13, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need to expand the authority of school districts to issue post-dated warrants and other evidence of indebtedness in order to facilitate the efficient operation of local school districts in this State. Therefore an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall take effect and be in force from and after its passage and approval.”

Acts 1985, No. 223, § 3: Feb. 28, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need to clarify and expand the authority of school districts so as to specifically authorize them to enter into installment contracts to acquire property and services which are authorized by law, without the cumbersome preparation of numerous warrants in advance, so as to facilitate the efficient operation of local school districts in this State. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987 (1st Ex. Sess.), No. 19, § 3: June 12, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that present law is unclear as to whether school districts may accept interest-free loans from the federal government; that this Act provides a mechanism for the acceptance of such loans by school districts; and that this Act should be given immediate effect in order to allow school districts to take advantage as soon as possible of interest-free loans provided by federal agencies. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 105, § 6: Feb. 20, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that the current method of collecting property taxes which fund school districts severely limits a school district's ability to meet all obligations during the months in which the district must operate prior to the final settlement from the county; that it has been a long established practice that lending institutions make moneys available to school districts to assist during such time; that the law needs clarification to permit this practice to continue; that this act is designed to provide such clarification and should be given effect immediately to insure that such practice is permitted to continue. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 401, § 19: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the effectiveness of this act on July 1, 1991 is essential to the operation of the Arkansas Department of Education and the various school districts of this state; that the various changes reflected in this act require implementation on a day certain before the beginning of the upcoming school year; and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1991 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1993, No. 314, § 6: Mar. 2, 1993. Emergency clause provided: “The General Assembly hereby defines and determines that the authorization herein for the withholding of state aid to cure payment deficiencies by school districts will permit Arkansas school districts to borrow money for current needs on favorable terms without providing letters of credit or other credit enhancement, and that this legislation must be in effect in order to permit these benefits to school districts participating in the pooled cash flow program for the 1993-94 school year. Therefore, an emergency is declared to exist and this Act, being necessary for the preservation of the public peace, health and safety, shall be in full force and effect immediately upon its adoption and approval.”

Acts 1997, No. 962, § 8: Mar. 31, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that school districts in Arkansas urgently need a way to finance the purchase and installation of energy conservation measures that reduce energy consumption and operating costs of school facilities, and that create a better quality and safer learning environment; and it is necessary that school districts be able to pay for the energy conservation measures over a period of ten (10) years in order for the savings generated from the energy conservation measures to pay for the energy conservation measures. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1307, § 19: Apr. 10, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the immediate effectiveness of this act is essential to the operation of the Department of Education and local school districts in the calculation of funding for public education and that any delay could work irreparable harm to the Department and the local districts. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1329, § 6: Apr. 10, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that providing bondholders with additional security for payment of school district bonds will permit Arkansas school districts to issue bonds on more favorable terms and at lower rates of interest, and that this legislation must be in effect in order to permit these benefits to school districts who urgently need to finance capital improvements to their physical facilities and who need to refund certain outstanding bonds that will provide substantial savings to the school district. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1078, § 92: July 1, 2000.

Acts 2001, No. 1220, § 20: July 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly that changes to the distribution of public school funds must take effect at the time that appropriations become effective and that to not do so would create confusion in the state's public school districts. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 2001.”

Acts 2001, No. 1456, § 9: July 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly that educators are compensated on an annual basis beginning in July and ending in June. It is further determined that the change in compensation practices embodied in this act must take place in the same time frame as normal compensation practices or confusion among school districts and educators would ensue. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 2001.”

Acts 2005, No. 1866, § 2: Apr. 8, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that in order to meet the urgent needs of the school districts, the districts need the ability to finance those needs as quickly as possible and at the best possible interest rates; that the school districts also need a way to pay the costs of issuing postdated warrants or entering into installment contracts or lease purchase agreements that are being used to finance needs of the districts; and that this act is immediately necessary to correct the deficiencies in the current law. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Identical Acts 2006 (1st Ex. Sess.), Nos. 22 and 23, § 6: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court found that the public school funding system continues to be inadequate and the public schools are operating under a constitutional infirmity that must be corrected immediately; that statutory limitations on bonded indebtedness for school districts may impair some school districts' ability to raise local resources necessary for the repair, improvement, and replacement of academic facilities; that legislative correction is immediately necessary in order to allow school districts, particularly school districts experiencing rapid growth, to use all available revenue streams in providing an adequate opportunity for an adequate education to every public school student in the state. Therefore, an emergency is declared to exist and this act being necessary for the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2008 (1st Ex. Sess.), No. 2, § 3: Apr. 2, 2008. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the state’s provision of school systems that are free from the vestiges of racial discrimination is a vital part of providing a general, suitable, and efficient school system; that children who receive a quality education grow into responsible adults who create positive effects on the culture and economy of this state; that without a diligent pursuit of unitary status by the three (3) Pulaski County school districts, there is no assurance that the school districts are free of the vestiges of racial discrimination; that the state has enacted legislation to assist the Pulaski County school districts in achieving unitary status in desegregation litigation and provide assurance to the children in those districts that the promise of unitary status will be fulfilled within a reasonable amount of time; that under that legislation, the school districts filed their requests for a court order on unitary status, but the court's docket will not permit a resolution by June 14, 2008, the stated deadline; and that this act is immediately necessary to ensure that the Pulaski County school districts diligently pursue unitary status before the end of 2008 and that the state’s provision of school systems that are free from the vestiges of racial discrimination. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 242, § 3, Feb. 26, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the state’s provision of school systems that are free from the vestiges of racial discrimination is a vital part of providing a general, suitable, and efficient school system; that without a diligent pursuit of unitary status by the three (3) Pulaski County school districts, there is no assurance that the school districts are free of the vestiges of racial discrimination; that the state has enacted legislation to assist the Pulaski County school districts in achieving unitary status in desegregation litigation and provide assurance to the children in those districts that the promise of unitary status will be fulfilled within a reasonable amount of time; that under that legislation, the school districts filed their requests for a federal court order on unitary status, but the federal court system for hearings and appeals in the case did not permit a resolution by December 31, 2008, the stated deadline; and that this act is immediately necessary to ensure that the Pulaski County school districts diligently pursue unitary status before the end of 2009 in order to ensure that the school systems are free from the vestiges of racial discrimination. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 701, § 6: Mar. 24, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the state has paid the Pulaski County School Districts over one billion dollars as required by the Pulaski County Desegregation Case styled Little Rock School District v. Pulaski County Special School District No. 1, et al, No. LR-C-82-866; that the Attorney General and the Department of Education are examining the finances of the Pulaski County school districts to determine how those funds are utilized by the districts; that the accounting required by this act is an essential part of reaching a fiscally responsible end to the case; that the General Assembly’s support for the efforts of the Attorney General and the department should be provided immediately because the continued funding under the existing settlement agreement without proper accounting and State oversight is detrimental to the fiscal integrity of the three school districts and the State, and to the education of the students in the school districts. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-20-401. Definitions.

As used in this subchapter:

  1. “Current indebtedness” means a debt obligation incurred by a school district for the purpose of paying maintenance or general operation expenses for the fiscal year in which the debt is incurred or for a purpose for which a postdated warrant, installment contract, or lease-purchase agreement may be issued;
  2. “Energy conservation measure” means any improvement, repair, alteration, or betterment of any new building design or any existing building or facility owned or operated by a school district or any equipment, fixture, or furnishing to be added to or used in any building or facility that is designed to reduce energy consumption or operating costs and may include, without limitation, one (1) or more of the following:
    1. Insulation of the building structure or systems within the building;
    2. Storm windows or doors, caulking or weather stripping, multi-glazed windows or doors, heat absorbing or heat reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption;
    3. Automated or computerized energy control systems;
    4. Heating, ventilating, or air conditioning system modifications or replacements;
    5. Replacements or modifications of lighting fixtures to increase the energy efficiency of the lighting system;
    6. Indoor air quality improvements to increase air quality that conform to the applicable state or local building code requirements even in lieu of an increase in energy usage;
    7. Any additional building infrastructure improvements, cost savings, and life safety or other safety or conservation measures that provide long-term operating cost reductions and are in compliance with state and local codes; and
    8. Building operation programs that reduce operating costs;
    1. “Nonrevenue receipts of a school district” means those receipts which either incur an obligation which must be met at some future date or which change the form of an asset from property to cash.
    2. Specifically, they consist of the proceeds of a bond sale, payment of losses on an insurance policy, the receipts from the sale of property, etc.; and
  3. “Revenue receipts of a school district” means those receipts that do not result in increasing school indebtedness or in depleting school property. Specifically, revenue receipts of a school district for any fiscal year shall consist of the following funds:
    1. Net cash balance on hand at the beginning of the school fiscal year, July 1;
    2. The remaining net proceeds of local taxes collected in the calendar year in which the school fiscal year started;
      1. For the 2011-2012 school year, the proceeds of the local taxes collected by June 30 in the succeeding calendar year. If the amount collected is less than thirty-six percent (36%) of the proceeds of the local taxes that are not pledged to secure bonded indebtedness, the amount necessary to equal thirty-six percent (36%) may be accrued.
      2. The percentage under subdivision (4)(C)(i) of this section shall be reduced by four percent (4%) each subsequent school year until it is zero (0), as follows:
        1. Thirty-two percent (32%) in the 2012-2013 school year;
        2. Twenty-eight percent (28%) in the 2013-2014 school year;
        3. Twenty-four percent (24%) in the 2014-2015 school year;
        4. Twenty percent (20%) in the 2015-2016 school year;
        5. Sixteen percent (16%) in the 2016-2017 school year;
        6. Twelve percent (12%) in the 2017-2018 school year;
        7. Eight percent (8%) in the 2018-2019 school year;
        8. Four percent (4%) in the 2019-2020 school year; and
        9. Zero percent (0%) in the 2020-2021 school year.
      3. Declining balances attributed solely to a school district's compliance with the requirements of subdivision (4)(C)(ii) of this section shall not be considered an indicator of fiscal distress; and
    3. The net proceeds of all other funds accrued or placed to the credit of the district during the fiscal year from regular revenue sources, including without limitation state and federal funding.

History. Acts 1939, No. 194, § 2; 1949, No. 150, § 1; 1958 (2nd Ex. Sess.), No. 3, § 1; A.S.A. 1947, § 80-1002; Acts 1989, No. 105, § 1; 1993, No. 314, § 1; 1997, No. 962, § 1; 1997, No. 1307, § 10; 2005, No. 2156, § 1; 2011, No. 871, § 1.

A.C.R.C. Notes. A portion of subdivision (4)(C)(ii) (i) was inadvertently omitted from the final version of Acts 2011, No. 871, § 1. The section is set out above to include the omitted language.

Amendments. The 2011 amendment rewrote (4)(B); added (4)(C); and redesignated part of former (4)(B) as (4)(D).

6-20-402. Limitation on current indebtedness — Postdated warrants and installment contracts — Liability.

      1. The amount of obligations incurred by a school district for any school fiscal year shall not be in excess of the revenue receipts of the district for that year except as provided in this section and in § 6-20-801 et seq.
      2. A school district or public charter school may enter into public-private partnerships whereby the school district or public charter school enters into a lease-purchase agreement for the acquisition or construction of a school building or related facilities built or acquired by the private entities with facilities bonds exempt from federal taxes under 26 U.S.C. § 142(a)(13), as it existed on January 1, 2003, or otherwise exempt under 26 U.S.C. § 103, as it existed on January 1, 2005.
    1. A school district may issue postdated warrants or enter into installment contracts or short-term lease-purchase agreements for the following purposes:
      1. Purchase of school buses;
      2. Payment of premiums of insurance policies on school buildings, facilities, and equipment in instances in which the insurance coverage extends three (3) years or longer;
        1. Purchase of equipment.
        2. However, purchase of equipment does not include separate equipment service agreements, equipment repair contracts, or extended warranties for the equipment;
      3. Installation or purchase, or both, of energy conservation measures in school facilities;
      4. Construction, repair, and renovation of school facilities;
      5. Purchase of school sites;
      6. Payment on loans secured for settlement resulting from litigation against a school district;
      7. Payment of the district's pro rata part of employing professional appraisers as authorized by laws providing for the appraisal or reappraisal and assessment of property for ad valorem tax purposes; and
      8. The professional development and training of teachers or other programs authorized under the federally recognized qualified zone academy bond program codified at 26 U.S.C. § 1397E [repealed].
    2. School districts may issue postdated warrants or enter into installment contracts or lease-purchase agreements in an amount sufficient to accomplish the purposes listed in subdivision (a)(2) of this section and to pay the costs of issuing the postdated warrants or entering into the installment contracts or lease-purchase agreements.
      1. Except as provided in subdivisions (b)(1)(B) and (C) of this section, a postdated warrant, a short-term lease-purchase agreement, or an installment contract must be paid within ten (10) years of the date of issuance of the postdated warrant or the execution of the written lease-purchase agreement or installment contract, as the case may be.
        1. A school district's acquisition of energy conservation measures under § 6-20-405 may be financed by the school district over a twenty-year period after the execution by the school district of the postdated warrant, lease-purchase agreement, or installment contract.
        2. However, no financing shall exceed the reasonably expected useful life of the energy facilities or equipment subject to the energy savings contract in favor of either a qualified provider or a third-party financing company designated by a qualified provider.
      2. A long-term lease-purchase agreement allowed under subdivision (a)(1)(B) of this section:
        1. Shall be paid within thirty (30) years of the date of the execution of the written lease-purchase agreement; and
          1. May contain a provision allowing the school district an option to terminate the agreement at the end of any fiscal year for the school district.
            1. Any long-term lease containing an option to terminate at the end of a fiscal year shall not be included in the calculation of the debt ratio applicable to that school district.
            2. Any long-term lease allowed under subdivision (a)(1)(B) of this section that does not contain an option to terminate at the end of the fiscal year shall be included in the calculation of the debt ratio applicable to that school district.
        2. All school buildings or related facilities shall comply with the requirements of the Arkansas School Facilities Manual in effect at the time the lease became effective.
        1. A school district may sublease a portion of a school building or facility whenever that building or facility is not being used for educational purposes.
        2. Rent received from a sublease:
          1. Shall be deposited into the school district's general fund; and
          2. May be used for any operational or capital purpose.
      3. Postdated warrants, lease-purchase agreements, and installment contracts must be registered on forms provided or approved by the State Board of Education with the treasurer of the district and the state board.
      1. A lease-purchase agreement, postdated warrant, and installment contract must have attached thereto a schedule of the rent or installments to be paid, showing:
        1. The payee and any assignee;
        2. The school district;
        3. The purpose of the purchase or payment;
        4. The due date of each installment; and
        5. The amount of principal and interest of each installment and the fiscal year in which the installment is to be paid.
      2. A copy of each contract and of the schedule of payments shall be filed with the treasurer of the district and with the state board, and when so filed, each installment may be paid as it becomes due.
      1. Except as provided in subdivision (b)(3)(B) of this section, the unpaid principal amount of postdated warrants issued and installment contracts and lease-purchase agreements entered into shall be a part of the total debt of the district as limited by § 6-20-803 with the district fiscal officer and his or her surety liable for exceeding the limitations.
      2. The unpaid principal amount of postdated warrants, lease-purchase agreements, or installment contracts entered into in connection with a guaranteed energy savings contract under § 6-20-405 shall not be a part of the total debt of the district.
    1. A copy of any guaranteed energy savings contract that is executed in connection with the acquisition, installation, or construction of energy conservation measures under this section shall be filed with the Division of Elementary and Secondary Education.
    2. Payments by a school district pursuant to postdated warrants, installment contracts, and lease-purchase agreements shall be charged against the budget of the school fiscal year in which they become due and shall be paid out of the revenue receipts for that fiscal year.
    3. All warrants issued or installment contracts and lease-purchase agreements entered into in excess of the revenue of a school district for a school fiscal year are null and void except as provided in this section.
      1. It shall be the duty of the school fiscal officer to indicate on each school district warrant or on the schedule of payments attached to a written installment contract or lease-purchase agreement the school year's revenues against which the obligation was incurred and is to be paid.
      2. It shall be unlawful for the school fiscal officer to issue a school district warrant or to enter into an installment contract or lease-purchase agreement the installments for which are to be charged against the revenues of a school year if the obligation thereof was incurred in a different school year except as otherwise authorized in this section.
    4. The school fiscal officer may comply with the provisions of this section by indicating on each warrant or schedule of payments attached to any installment contract or lease-purchase agreement the school year's revenues against which each payment is to be charged, or he or she may use a warrant of a distinct color for a particular year and shall advise the county treasurer, if the county treasurer serves as the school district treasurer, in writing of the color of warrant being used for credit against the revenues of a particular year.
    5. The county treasurer, or the district treasurer if the school district has its own treasurer, and his or her surety shall be jointly liable with the school fiscal officer and his or her surety for the payment of any school warrant or payment on a contract or agreement that is charged against the revenues of a school year if the amount thereof is in excess of the revenue receipts of the district for the school year against which the school fiscal officer has indicated the payment is to be charged or if he or she approved the payment with knowledge that the payment is being charged by the school fiscal officer against the revenues of another school year in violation of this section.
    6. It is the purpose and intent of this section to place primary responsibility on the school fiscal officer and his or her surety for compliance with the provisions of this section and to make the county treasurer, or district treasurer if the school district has its own treasurer, and his or her surety liable for any payment on a warrant, contract, or agreement drawn in violation of this section when the amount of the payment exceeds the revenue receipts of the district for the school year against which it is charged as indicated on the warrant, contract, or agreement or when the county treasurer approves a payment with the knowledge that it is in payment of an obligation of a different school year as prohibited in this section.
    1. A school district may refinance one (1) or more outstanding postdated warrants, lease-purchase agreements, or installment contracts and pay the usual, customary, and reasonable costs of the refinancing by issuing one (1) postdated warrant, lease-purchase agreement, or installment contract if the refinancing:
        1. Results in a net savings to the school district.
        2. A net savings results if the outstanding principal balance plus the remaining interest payments and any early call penalties are greater than the new principal balance plus the total interest to be paid and the cost of the refinancing of the outstanding postdated warrant, lease-purchase agreement, or installment contract;
      1. Does not extend the term of the postdated warrant, lease-purchase agreement, or installment contract more than five (5) years beyond the term of the existing individual outstanding postdated warrants, lease-purchase agreements, or installment contracts, and if the original term together with any extension does not exceed ten (10) years;
      2. Does not increase the outstanding debt owed by the school district under the existing outstanding postdated warrants, lease-purchase agreements, or installment contracts except to the extent necessary to cover usual, customary, and reasonable costs of issuance of the new refunding postdated warrant, lease-purchase agreement, or installment contract and except to the extent necessary for new financing as authorized by subsection (a) of this section;
        1. Except as allowed under subdivision (c)(1)(D)(ii) of this section, the outstanding postdated warrants, lease-purchase agreements, or installment contracts have not been previously refinanced.
        2. Any outstanding postdated warrants, lease-purchase agreements, or installment contracts may be refinanced more than one (1) time if:
          1. The school district realizes a savings from the refinancing;
          2. The term of the debt obligation is not extended; and
          3. The refinancing does not increase the total debt obligation of the school district; and
      3. The school district obtains the prior written approval of the division to refinance one (1) or more outstanding postdated warrants, lease-purchase agreements, or installment contracts.
    2. The state board may promulgate rules as necessary to implement subdivision (c)(1) of this section.
    1. A school district may incur current indebtedness and issue its notes or other evidence thereof as provided in this subsection.
    2. All current indebtedness incurred in a fiscal year shall mature on or before December 31 of the calendar year in which the fiscal year ends.
    3. Current indebtedness is not included in the term “bonded indebtedness” and shall not be considered a part of the total debt of a district as limited by § 6-20-803.
    4. Current indebtedness shall be payable from and may be secured by a pledge of all or any part of the revenue receipts of the issuing district for the fiscal year in which the debt is incurred.
    5. The amount of obligations incurred by a school district for any school fiscal year, including current indebtedness, shall not be in excess of the revenue receipts of the district for that year except as expressly authorized in subsection (a) of this section.
    6. Upon incurring current indebtedness, the school district shall notify the division of the indebtedness, on forms provided by the division, showing the:
      1. Payee and any assignee;
      2. School district;
      3. Purpose of the indebtedness;
      4. Maturity date of the indebtedness;
      5. Amount borrowed and interest rate of indebtedness; and
      6. Amortization schedule showing installments, if applicable.
        1. Except as provided in subdivision (e)(1)(B) of this section, as additional security for the payment of any postdated warrant, installment contract, lease-purchase agreement, or current indebtedness of a school district authorized under subdivision (a)(2) of this section, the district may authorize the state board to cure any delinquencies of the school district by withholding state foundation funding due the district.
        2. Authorization shall be given by the school district at the time that the postdated warrant, installment contract, or lease-purchase agreement is issued or the current indebtedness authorized under subdivision (a)(2) of this section is incurred and shall be given in the manner and in the form that the state board shall prescribe.
      1. A school district may not authorize the state board to cure and the state board shall not cure any delinquencies of the district in contracts or extended warranties on equipment by withholding state foundation funding due the district.
      1. If a school district has authorized withholding of its state foundation funding under subdivision (e)(1)(A) of this section and the school district has failed to pay the payee or paying agent amounts due under a postdated warrant, installment contract, or lease-purchase agreement described in subdivision (a)(2) of this section, the payee or paying agent shall be entitled to payment from the school district's withheld state foundation funding if the payee or paying agent:
        1. Obtains a final judgment establishing the payee's or paying agent's right to payment from the school district under a postdated warrant, installment contract, or lease-purchase agreement described in subdivision (a)(2) of this section; and
        2. Submits a written request for payment of the amount of the unpaid judgment and a certified copy of the final judgment to the Commissioner of Elementary and Secondary Education and the superintendent of the school district.
        1. Except as provided in subdivision (e)(1)(B) of this section, unless the superintendent of the school district certifies in writing to the commissioner that payment has been made by the district to the payee or the paying agent and the judgment has been paid in full, the commissioner shall withhold from the next distribution to the school district of state foundation funding and remit to the payee or paying agent an amount sufficient to pay the judgment amount.
        2. If the amount withheld under subdivision (e)(2)(B)(i) of this section is insufficient to pay the judgment in full, the commissioner shall continue withholding subsequent distributions of state foundation funding to the school district until the superintendent certifies to the commissioner that the judgment is paid in full.
    1. In the event that the amount next due to be distributed to the delinquent district is not sufficient to cure the delinquency, the commissioner shall continue to withhold state aid as due and remit it to the payee or paying agent until the payment deficiency has been cured.
    2. If the commissioner is notified that a district is delinquent on two (2) or more obligations for which a district has authorized withholding of state aid to cure a delinquency, the commissioner shall make payment to payees or paying agents in the order of receipt of notices of the delinquencies.
  1. If the state board withholds state aid from a school district under subsection (e) of this section, the school district shall be identified by the division to be a school district in fiscal distress under § 6-20-1906.
  2. Any duties required of any officer of the state pursuant to subsection (e) of this section shall be only ministerial in nature and shall in no way transfer any liability of the debtor to the state or any agency or any officer thereof.
  3. The rate of interest on postdated warrants, installment contracts, lease-purchase agreements, and current indebtedness shall not exceed the maximum interest rate for school bonds as determined under § 6-20-1206.

History. Acts 1939, No. 194, § 3; 1949, No. 150, § 2; 1969, No. 76, § 1; 1977, No. 494, § 1; 1981, No. 550, § 1; 1983, No. 438, § 1; 1985, No. 223, § 1; A.S.A. 1947, § 80-1003; Acts 1989, No. 105, §§ 2, 3; 1991, No. 401, § 15; 1993, No. 314, § 2; 1995, No. 233, § 11; 1997, No. 962, §§ 2, 3; 1997, No. 1265, § 1; 1997, No. 1329, § 2; 2001, No. 1220, §§ 8-10; 2003, No. 840, § 1; 2003, No. 1754, §§ 1, 2; 2003 (2nd Ex. Sess.), No. 58, §§ 1, 2; 2005, No. 1866, § 1; 2005, No. 2005, § 1; 2005, No. 2121, §§ 12, 23; 2005, No. 2156, § 2; 2005, No. 2177, § 1; 2006 (1st Ex. Sess.), No. 22, §§ 1-3; 2006 (1st Ex. Sess.), No. 23, §§ 1-3; 2007, No. 827, §§ 114, 115; 2009, No. 1469, § 9; 2013, No. 1073, § 32; 2015, No. 846, § 10; 2017, No. 741, § 4; 2019, No. 315, § 273; 2019, No. 910, §§ 1593-1597.

A.C.R.C. Notes. Prior to the amendment by Acts 2005, No. 2177, § 1, the word “years” followed “ten (10)” in subdivision (b)(1)(A) but was neither set out in Act 2177 nor specifically stricken.

Amendments. The 2009 amendment rewrote (f).

The 2013 amendment substituted “identified by the department to be” for “classified as” in (f).

The 2015 amendment inserted “post-dated warrant” in the introductory language of (b)(2)(A).

The 2017 amendment added (d)(6).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (c)(2).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(4); substituted “division” for “department” in (c)(1)(E), twice in the introductory language of (d)(6), and in (f); and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (e)(2)(A)(ii).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

Case Notes

In General.

This section did not repeal power of a school district to borrow money and pay interest therefor to finance teachers' salaries and other current expenses, but repealed the power to borrow from the next year's revenue. Jenson v. Special School Dist. No. 6, 199 Ark. 886, 136 S.W.2d 169 (1940).

Purpose.

The purpose of this section was to prohibit school districts from continuing to pile up nonbonded indebtedness and to limit them in the obligations incurred in any fiscal year to the amount of revenue for that year. Jenson v. Special School Dist. No. 6, 199 Ark. 886, 136 S.W.2d 169 (1940).

Determination of Indebtedness.

This section authorized school districts to incur obligations during any school year in a sum not in excess of the revenue for that year, without regard to previously existing indebtedness, and, if district pays a portion of the indebtedness out of current revenue, it may incur current indebtedness in a like sum. Jenson v. Special School Dist. No. 6, 199 Ark. 886, 136 S.W.2d 169 (1940).

Leases.

An education service cooperative could validly enter into a 5-year lease without violating this section. Ozarks Unlimited Resources Coop. v. Daniels, 333 Ark. 214, 969 S.W.2d 169 (1998).

Cited: Heskett v. McRee, 215 Ark. 328, 220 S.W.2d 422 (1949).

6-20-403. Authority to draw warrants — Countersignature.

The school district board of directors is authorized to draw warrants on the county treasurer when the county treasurer serves as treasurer of the school district for all funds to be disbursed by it, such warrants to be countersigned by the agent authorized under § 6-17-918, as countersignature is expressly required by law.

History. Acts 1931, No. 169, § 141; A.S.A. 1947, § 80-1004; Acts 1993, No. 294, § 13; 1995, No. 233, § 12; 1999, No. 1078, § 79.

Case Notes

Mandamus.

Mandamus will not lie to compel a county superintendent to countersign an illegally issued school warrant. Bingham v. McGehee, 185 Ark. 707, 49 S.W.2d 358 (1932).

Cited: Heskett v. McRee, 215 Ark. 328, 220 S.W.2d 422 (1949).

6-20-404. Issuance of warrants to pay school bonds — Description of indebtedness.

  1. All maturities of principal and interest of school bonds shall be paid by issuing warrants against the funds authorized by law for paying bonded indebtedness.
  2. A description of the bonded debt that is being paid shall be written on the face of each warrant issued for this purpose. The description shall be as follows:
    1. Number and date of issue of each bond that is being paid; and
    2. Number and maturity date of each interest coupon and the number and date of each bond from which each interest coupon will be detached when paid.
  3. Warrants issued for the purpose of paying school bonded indebtedness that do not carry the description of such indebtedness as named in subsection (b) of this section are void.
  4. It shall be the duty of the county treasurer, or district treasurer if the school district has its own treasurer, to record in a book the description of the bonded indebtedness that is being paid by each warrant before he or she cashes it.
  5. The county treasurer, or district treasurer if the school district has its own treasurer, and his or her bondsmen shall be liable for the amount of warrants cashed that were issued directly or indirectly in payment of principal or interest of school bonds which do not carry the description as required by this section and which were not recorded as required in subsection (d) of this section.

History. Acts 1937, No. 354, §§ 1-4; Pope's Dig., §§ 11651-11654; A.S.A. 1947, §§ 80-1009 — 80-1012; Acts 1995, No. 233, § 13.

6-20-405. Energy savings contract — Definitions.

  1. As used in this section:
      1. “Energy savings contract” means a contract for the implementation of one (1) or more energy conservation measures as defined in § 6-20-401 and shall include an investment grade preinstallation energy audit and analysis.
      2. The contract may provide that all payments except obligations on termination of the contract before its expiration are to be made over time and that the energy cost savings are guaranteed by the qualified provider to the extent necessary to pay all of the costs of the energy conservation measures, including all costs of financing and annual services that may include the measurement and verification of the guaranteed savings.
      3. The energy conservation measures to be performed under the contract may be paid for with any combination of revenue or nonrevenue receipts of a school district or, alternatively, financed by the issuance of postdated warrants or entering into installment contracts, or lease-purchase agreements.
      4. Obligations incurred pursuant to a guaranteed energy savings contract are not included in computing a school district's debt ratio.
      5. If an energy savings contract is to be executed concurrently with one (1) or more conventional construction contracts for a common structure, the energy savings contract shall be separate and distinct from the other contract;
      1. “Qualified provider” means the same as defined in § 19-11-1202.
      2. A qualified provider to whom the contract is awarded:
        1. Shall be required to provide a payment and performance bond to the school district for its faithful performance of the equipment installation; and
        2. May be required to provide a letter of credit, surety bond, escrowed funds, or a corporate guarantee from a company with an investment grade credit rating in an amount necessary to ensure the effective performance of the contract; and
      1. “Request for qualifications” means a negotiated procurement.
        1. Notice of the request for qualifications shall be published one (1) time each week for no less than two (2) consecutive weeks in a newspaper of statewide circulation.
        2. Responses shall be sealed and opened in a public forum at a date within thirty (30) days from the last publication, at which point the school district shall evaluate the qualifications.
  2. The school district may select the qualified provider or providers best qualified and capable of performing the desired work and negotiate an energy savings contract for the project.
    1. A school district may enter into a guaranteed energy savings contract with a qualified provider if it finds that the amount it would spend on the energy conservation measures detailed in the contract would not exceed the amount to be saved in any combination of energy costs or operational costs or future capital expenditures avoided within a twenty-year period from the date of installation if the recommendations in the proposal are followed.
    2. The qualified provider's proposal shall include:
      1. The estimates of all costs of installation, modifications, or remodeling, including without limitation costs of an investment grade preinstallation energy audit and analysis, design, engineering, installation, commissioning, maintenance, repairs, debt service, postinstallation project monitoring, savings measurement and verification, and data collection and reporting, as well as whether energy consumed or the operating costs, or both, will be reduced;
      2. The qualifications of the provider;
      3. The amount and specific sources of operational savings and capital cost avoidance that the school district acknowledges will occur without future measurement and verification;
      4. A statement from an Arkansas-licensed professional engineer that he or she was a member of the qualified provider's project team that completed a comprehensive energy audit and analysis of the school district's facilities; and
      5. The reasonably expected useful life of each recommended energy conservation measure.
      1. Except as provided in subdivision (c)(3)(C) of this section, before entering into any energy savings contract, the contract shall be reviewed by an engineer who is:
        1. Licensed in the State of Arkansas; and
        2. Designated by the division as qualified to review energy savings contracts.
        1. The engineer conducting the contract review shall report to the school district any comments or issues that he or she believes merit consideration by the district before the district executes the energy savings contract.
        2. The engineer shall bear no liability for any estimation of energy savings generated as part of a contract review under this subdivision (c)(3).
      2. Third-party review as provided in this subdivision (c)(3) shall not be required if the qualified provider demonstrates that the provider is a current member in good standing of the Energy Service Company or Energy Service Provider category of the National Association of Energy Service Companies.
    1. The qualified provider shall provide to the school district an annual reconciliation report of the guaranteed energy-use savings.
    2. The qualified provider shall reimburse the school district for any annual shortfall of guaranteed energy-use savings as stated in the contract.
  3. This section shall constitute the sole authority necessary to accomplish the purposes of this section without regard to compliance with other laws that specify procedural requirements for execution of contracts.
  4. A school district may provide by resolution that the school district shall comply with the rules promulgated by the Arkansas Pollution Control and Ecology Commission under the Guaranteed Energy Cost Savings Act, § 19-11-1201 et seq.

History. Acts 1997, No. 962, § 4; 2001, No. 1717, § 1; 2003 (2nd Ex. Sess.), No. 58, § 3; 2005, No. 2156, § 3; 2007, No. 659, § 1; 2019, No. 507, §§ 1, 2.

Publisher's Notes. Former § 6-20-405, concerning registration and inspection of warrants, was repealed by Acts 1992, No. 294, § 13. The section was derived from Acts 1937, No. 84, § 1; Pope's Dig., § 11647; A.S.A. 1947, § 80-1005.

Amendments. The 2019 amendment rewrote (a)(2)(A); and added (f).

6-20-406. [Repealed.]

Publisher's Notes. This section, concerning the endorsement, record, payment, and reregistration of warrants, was repealed by Acts 1992, No. 294, § 13. The section was derived from Acts 1937, No. 84, § 2; Pope's Dig., § 11648; A.S.A. 1947, § 80-1006.

6-20-407. [Repealed.]

Publisher's Notes. This section, concerning fraudulent issuance of warrants, was repealed by Acts 2015, No. 846, § 11. The section was derived from Acts 1874 (Spec. Sess.), No. 14, § 8, p. 18; C. & M. Dig., § 9101; Pope’s Dig., § 11724; A.S.A. 1947, § 80-1014.

6-20-408. [Repealed.]

Publisher's Notes. This section, concerning prohibition on purchasing interest in warrants, was repealed by Acts 1995, No. 233, § 21. The section was derived from Acts 1931, No. 169, § 181; 1937, No. 84, § 4; Pope's Dig., §§ 3595, 11623, 11650; A.S.A. 1947, §§ 80-1008, 80-1013.

6-20-409. Petty cash fund.

  1. In order to simplify and expedite fiscal affairs of school districts relating to the payment of miscellaneous items of expenditures incident to their operation, any school district is authorized to create a fund for each school within a district to be known as the “petty cash fund”.
  2. No payment shall be made from the petty cash fund until the supplies or materials have been delivered and a copy of the invoice or invoices filed with the approval of the school district board of directors.
    1. As funds in the petty cash fund become depleted, the financial secretary of the school district shall draw a warrant upon the county treasurer, or district treasurer if the school district has its own treasurer, payable out of the appropriate fund for reimbursement of expenditures made from the petty cash fund.
    2. The financial secretary of the school district shall attach to the office copy of the warrant the original invoice or receipt of payment therefor of all expenditures made from the petty cash fund during the previous month.
  3. The balance to the credit of the petty cash fund shall at no time exceed the sum of two hundred dollars ($200) for each school within a district.

History. Acts 1949, No. 286, §§ 1-3; A.S.A. 1947, §§ 80-1018 — 80-1020; Acts 1995, No. 233, § 14; 1999, No. 47, § 1.

6-20-410. School fiscal year.

The school fiscal year for Arkansas shall consist of the twelve-month period beginning July 1 and ending on the following June 30.

History. Acts 1939, No. 194, § 1; A.S.A. 1947, § 80-1001.

6-20-411. Interest-free loans from federal agencies.

    1. The public school districts of this state are authorized to accept interest-free loans from agencies of the United States government if incurring the indebtedness is approved by the State Board of Education.
    2. The state board shall not grant its approval unless it is satisfied that the projected revenues and expenses of the school district during the duration of the loan indicate that the school district will be able to retire the debt.
  1. Furthermore, all such loans accepted by public school districts before June 12, 1987, are ratified and declared valid.

History. Acts 1987 (1st Ex. Sess.), No. 19, § 1.

6-20-412. Nonrecurring salary payments.

  1. A school district in this state may pay licensed personnel a nonrecurring salary payment from revenues not considered to be recurring sources of revenue.
  2. A nonrecurring salary payment under this section shall not increase the base salary of the recipient for purposes of calculation of future salary requirements.
  3. A nonrecurring salary payment under the provisions of this section shall be divided equally among licensed personnel employed by the school district at the time approved by the board of directors of the school district unless the board of directors and a majority of the licensed personnel agree to a different distribution.
  4. A payment to a targeted educator made in the form of a supplement as an addendum to a contract in fulfilling this section, and § 6-5-307(a) shall not be considered a nonrecurring salary payment under this section.

History. Acts 1989, No. 268, § 1; 2001, No. 1456, § 8; 2009, No. 376, § 38; 2011, No. 989, § 62.

Amendments. The 2009 amendment, in (e), made minor stylistic changes.

The 2011 amendment substituted “licensed” for “certified” in (a); deleted “teacher” preceding “recipient” in (b); in (c), substituted “licensed personnel” for “certified personnel,” “time approved by the board of directors of the school district” for “time of payment,” and “licensed personnel” for “teachers”; deleted former (d) and redesignated former (e) as present (d); and deleted “and § 6-17-2101 et seq. [repealed]” following “5-307(a)” in present (d).

6-20-413. [Repealed.]

Publisher's Notes. This section, concerning indicators of fiscal distress in school districts, was repealed by Acts 2007, No. 1573, § 47. The section was derived from Acts 1992 (1st Ex. Sess.), No. 53, § 2.

6-20-414. Public-public partnerships — Definition.

  1. As used in this section, “public-public partnership” means a project delivery method in which a school district may enter into a contract to partner with another governmental agency, political subdivision, or institution of higher education to meet a clearly defined need for facilities, infrastructure, or goods and services.
  2. Any school district may use public-public partnerships as a project delivery method for the building, altering, repairing, improving, maintaining, or demolishing of any structure or any improvement to real property owned by the school district.
  3. The Division of Public School Academic Facilities and Transportation shall develop and promulgate rules consistent with the provisions of this section concerning the use of public-public partnerships by school districts.

History. Acts 2005, No. 1368, § 1.

6-20-415. Consultants.

  1. The Division of Elementary and Secondary Education in consultation with the Attorney General shall hire consultants on the following basis:
    1. The consultants shall be qualified as experts in public school district desegregation;
    2. The purposes for employing the consultants are to determine whether and in what respects any of the three (3) Pulaski County school districts:
        1. Are unitary.
        2. If a school district has been declared unitary or has been declared unitary in some respects, the consultants shall not examine the school district on those issues; and
      1. Have complied with their respective consent decrees; and
    3. The consultants shall understand and acknowledge in their work and research that their testimony in court may be required.
  2. The division shall not pay the consultant fees or expenses from moneys appropriated and available for the reimbursement of attorney's fees to the three (3) Pulaski County school districts under § 6-20-416.
    1. The division and the Attorney General also may hire consultants with expertise in the fields of auditing and forensic accounting to provide oversight and management of the three (3) Pulaski County school districts' finances with an emphasis on desegregation funding.
    2. The consultants hired by the division and the Attorney General shall have full authority to examine any documents and software and shall be allowed full access to any persons necessary to discharge the consultants' duties as directed by the division and the Attorney General.
    3. In addition to the authority otherwise granted to the State Board of Education and the division by law, the division may require a school district to modify, update, or change the school district's financial oversight or management policies, procedures, or practices in response to the recommendations of the consultants.
    4. A school district that fails to comply with the requirements of the division under this subsection shall be identified by the division as being in fiscal distress and subject to the applicable enforcement provisions as provided by law.

History. Acts 2007, No. 395, § 2; 2009, No. 242, § 1; 2011, No. 701, § 1; 2019, No. 910, §§ 1598, 1599.

Amendments. The 2009 amendment inserted (b); deleted (a)(2), and redesignated the remaining text accordingly.

The 2011 amendment added (c).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (a); and substituted “division” for “department” throughout (b) and (c).

6-20-416. Desegregation funding.

  1. The Division of Elementary and Secondary Education and the Attorney General are authorized to seek proper federal court review and determination of the current unitary status of any school district in the case of Little Rock School District v. Pulaski County Special School District No. 1, et al., No. LR-C-82-866.
    1. The division and the Attorney General are authorized to seek modification of the current consent decree or enter into a new or an amended consent decree or settlement agreement under this section that allows the State of Arkansas to:
      1. Continue necessary and appropriate payments under a post-unitary agreement to the three (3) Pulaski County school districts for a limited and definite time period not to exceed seven (7) years and for a definite limited sum of payments;
      2. Ensure that the amount of funding provided under the post-unitary agreement is the total maximum obligation of the state and the school districts in the case;
      3. Ensure that the payments required pursuant to the post-unitary agreement are structured so that the total amount of the payments decreases so that no financial obligation remains due or owed by the state at the end of the time period specified in the post-unitary agreement; and
      4. Ensure that the total of any financial obligation created or established for the state in any one (1) year shall not exceed the state's desegregation obligation for the 2008-2009 school year.
      1. The agreement under this subsection may only be a post-unitary agreement, and the school districts shall receive the continued funding only if they are declared unitary.
      2. However, the agreement does not have to be post-unitary and may commence upon all school districts having been declared, previously or in the future, unitary in terms of student assignment and student racial balance so long as all other requirements in subdivision (b)(1) of this section are met.
    2. Before any agreement is entered into pursuant to this subsection, the proposed post-unitary agreement shall be submitted to the Legislative Council for review and approval.
    1. The division in consultation with the Attorney General shall have the authority to enter into agreements with the three (3) Pulaski County school districts to reimburse the school districts for legal fees incurred for seeking unitary status or partial unitary status.
    2. To be eligible for possible reimbursement under this subsection for legal fees incurred, motions seeking unitary status or partial unitary status shall be filed no later than October 30, 2007, and the school districts must be declared unitary or at least partially unitary by the federal district court no later than December 31, 2012.
    3. Under no circumstances shall any one (1) school district be entitled to reimbursement under this subsection in excess of two hundred fifty thousand dollars ($250,000).
    4. Before a reimbursement agreement is entered into pursuant to this subsection, the proposed reimbursement agreement shall be submitted to the Legislative Council for review and approval.
    1. By modifying the current consent decree or entering into a new or an amended consent decree or post-unitary agreement, the State Board of Education may create one (1) or more new school districts within Pulaski County if the creation of the new school district or districts does not eliminate the Pulaski County Special School District from existence.
    2. The state board shall seek the federal district court's approval before creating a new school district pursuant to this subsection, unless the federal district court's approval is not required because:
      1. The school district or districts involved have been released from the federal district court's supervision; or
      2. The new school district or districts is contemplated only as part of the post-unitary agreement.
    3. Any new school district created in Pulaski County shall receive a pro rata distribution based on its average daily membership of the funding provided under subsection (b) of this section for the school district or districts from which it was created.
    1. A school district receiving state funds under a federal court order or a settlement agreement in desegregation litigation shall categorize and describe the state funds received and any expenditure of those funds according to the uniform chart of accounts and codes established by the division.
    2. The division shall modify, as necessary, the Arkansas Financial Accounting Handbook or the Arkansas Educational Financial Accounting and Reporting System, or both, to ensure that the uniform chart of accounts and codes is available to accurately monitor:
      1. State funding paid to a school district under the federal court order or settlement agreement; and
      2. All expenditures of that funding.
    3. An error related to the coding and reporting of the state funds that causes a material misstatement of financial information is cause for determining a deficiency under the Division of Elementary and Secondary Education Rules Governing the Arkansas Financial Accounting and Reporting System and Annual Training Requirements.
  2. By September 1 of each year, a school district that receives state funding pursuant to a federal court order or settlement agreement in desegregation litigation shall report to the division, in the form and manner established by the division, the following:
    1. The total amount of state funding received under the federal court order or settlement agreement in the previous school year;
    2. A detailed statement outlining the school district's obligations under the federal court order, settlement agreement, or court-approved remedial plan, including without limitation:
      1. Programs that the school district is required to administer;
      2. Specific goals that the school district is required to reach;
      3. Actions that the school district is required to take or is prohibited from taking;
      4. Problems that the school district is required to remedy;
      5. Overall purposes of the federal court order, settlement agreement, or court-approved remedial plan; and
      6. Any other pertinent information as determined by the division;
      1. An itemized accounting of expenditures of state funds identified under subdivision (f)(1) of this section that were used to comply with the school district's obligations identified under subdivision (f)(2) of this section.
      2. The accounting shall be specific and detailed and include an explanation of how each expenditure was necessary in order to comply with the school district's obligations under the federal court order, settlement agreement, or court-approved remedial plan.
      3. It is not sufficient to provide general statements, such as stating that the funds were used in magnet schools.
      4. The division may determine additional guidelines regarding the necessary level of specificity;
    3. The total amount of all state funds referenced in subdivision (f)(1) of this section that the school district retains; and
    4. A statement that the total amount of funds listed in subdivisions (f)(3) and (4) of this section is equal to the total amount of state funding received, as reported by the school district under subdivision (f)(1) of this section, or alternatively, an explanation of the discrepancy.
    1. A school district not utilizing the Arkansas Public School Computer Network shall provide the division and the Attorney General, or their designees, full and complete, real-time access to the accounting and school district financial management software utilized by the school district.
    2. A school district may satisfy the obligation under subdivision (g)(1) of this section by converting to the Arkansas Public School Computer Network, but the school district still shall provide the division and the Attorney General, or their designees, with full and complete access to the prior financial management system.
  3. This section shall not:
    1. Force entry of a consent decree or settlement agreement by the division or the Attorney General with the three (3) Pulaski County school districts; or
    2. Protect any school district from action or sanction by the division for fiscal, academic, or facilities distress.

History. Acts 2007, No. 395, § 2; 2008 (1st Ex. Sess.), No. 2, §§ 1, 2; 2009, No. 242, § 2; 2011, No. 624, § 1; 2011, No. 701, § 2; 2019, No. 910, §§ 1600-1607.

Amendments. The 2009 amendment substituted “December 31, 2009” for “December 31, 2008” in (c)(2).

The 2011 amendment by No. 624 substituted “December 31, 2012” for “December 31, 2009” in (c)(2).

The 2011 amendment by No. 701 inserted (e) through (g) and redesignated former (e) as (h).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” and “division” for “department” throughout the section; and deleted “Upon July 31, 2007” at the beginning of (b)(1).

Research References

U. Ark. Little Rock L. Rev.

The Little Rock School District's Quest for Unitary Status, 30 U. Ark. Little Rock L. Rev. 267.

6-20-417. Student awards — Definition.

    1. As used in this section, “net athletic event gate receipts” means the amount remaining from fees, including charges for reserved seating, collected for admission to a school district athletic event less any expenses, including any rental fee or any leasing cost for a facility used for the athletic event, paid by the school district from those gate receipts.
    2. “Net athletic event gate receipts” does not mean any portion of admission fees charged by a school district for an athletic event held at the school district or at a facility leased or rented by the school district that is remitted or passed through to another entity outside the school district.
    1. If approved by the board of directors of a school district, a school district may use net athletic event gate receipts to purchase letter jackets, sweaters, blankets, plaques, or similar items as awards for student participation in school-sponsored activities.
    2. The school district shall not expend more than an average of one hundred dollars ($100) per student per activity under subdivision (b)(1) of this section unless the school district has private funds that may be used for that purpose.
  1. Beginning July 1, 2007, a school district shall account for athletic gate receipts in a separate fund.

History. Acts 2007, No. 1043, § 1.

Subchapter 5 — Funds for Children with Disabilities and Foster Children

Cross References. Equality in expenditure for education of children with disabilities, § 6-41-220.

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Ark. L. Rev.

Gitelman and McIvor, Domicile, Residence and Going to School in Arkansas, 37 Ark. L. Rev. 843.

6-20-501. Legislative determination.

The General Assembly recognizes that:

  1. Under present laws and practices, school students of this state may, for various reasons and purposes, be transferred or assigned to attend school in another district;
  2. In many such instances, the respective school districts involved here have entered into agreements with respect to the financial rights and responsibilities of the respective school districts involved in student transfer and assignment and have made provision for the sharing in the cost of the education of the child mutually acceptable to both districts;
  3. In many instances involving a child living in a foster home or a child with disabilities, as defined in this subchapter, the foster child or child with disabilities or the child's parent, guardian, or some other person having custody of the child or standing in the relationship of loco parentis to the child, enters or seeks to enter a school district other than the school district in which the parents of the child reside and that gross inequities are worked upon the school district receiving the child if the district is unable to receive the state, local, and federal funds available to the sending district for the education of the child; and
  4. Fairness and equity demand that appropriate rules and regulations be adopted to define the relative rights and responsibilities of the involved school districts to share the educational funds received by a sending district to educate a child with disabilities or a child living in a foster home who attends school in another school district in this state if it is determined that it is in the best interest of the education of the child with disabilities to attend school in the receiving district, so long as attendance therein is not based upon racial or other reasons which are contrary to applicable federal or state laws and regulations.

History. Acts 1981, No. 815, § 2; A.S.A. 1947, § 80-739; Acts 1993, No. 294, § 13.

6-20-502. Definitions.

As used in this subchapter:

    1. “Child living in a foster home” means a school-age child in this state who is in the custody of the Department of Human Services and placed in a licensed or approved foster home, shelter, or facility, or an exempt child welfare agency as defined under § 9-28-402.
    2. “Child living in a foster home” does not include a school-age child living in any unit of the human development centers operated by the department or its successor;
  1. “Child with disabilities” or “student with disabilities” means a person eligible to attend the public schools in this state who is identified as disabled in accordance with rules promulgated by the State Board of Education under the Children With Disabilities Act of 1973, § 6-41-201 et seq.;
  2. “Federal funds” means any federal funds received by the school district that are of a category or nature that would have benefited a child with disabilities or a child living in a foster home, as defined in this subchapter, if the child had attended the school district during the school year or the portion of the school year but who instead attended another school district in this state which makes application for funds to be used in behalf of the education of the child, as provided in this subchapter;
  3. “Local operating funds” means any local operating funds derived from property taxes for the school year, including any surplus funds received from millage pledged for indebtedness purposes but which are not necessary to meet debt service requirements and are transferred to the operating account of the school district for the year;
  4. “Receiving district” means a school district in this state in which a child attends or seeks to attend school other than the school district of residence of the child;
  5. “Sending district” means the school district that is defined by laws or rules as being the school district of residence of the school-age child; and
  6. “State funds” means any state funds received by the school district under the Public School Funding Act of 2003, § 6-20-2301 et seq., the Arkansas Public School Academic Facilities Funding Act, § 6-20-2501 et seq., or other state special education funds.

History. Acts 1981, No. 815, § 1; A.S.A. 1947, § 80-738; Acts 1993, No. 294, § 13; 1995, No. 1296, § 26; 1999, No. 391, § 17; 2009, No. 376, § 39; 2015, No. 1094, § 2; 2019, No. 315, §§ 274, 275.

Amendments. The 2009 amendment substituted “the Public School Funding Act of 2003, § 6-20-2301 et seq., the Arkansas Public School Academic Facilities Funding Act, § 6-20-2501 et seq.” for “§ 6-20-301 et seq. [repealed]” in (7), and made a related change.

The 2015 amendment rewrote (1)(A) and (1)(B).

The 2019 amendment substituted “rules” for “regulations” in (2) and (6).

6-20-503. Rules.

The State Board of Education shall adopt reasonable rules for the administration and enforcement of the provisions of this subchapter and for the carrying out of the purposes and intent of this subchapter that reasonable procedures be established to assure that funds provided for the education of children living in foster homes and of children with disabilities, as defined in this subchapter, in this state shall be equitably and fairly shared by the school districts having the lawful responsibility for the education of such children in this state.

History. Acts 1981, No. 815, § 6; A.S.A. 1947, § 80-743; Acts 1993, No. 294, § 13; 2019, No. 315, § 276.

Amendments. The 2019 amendment substituted “rules” for “regulations” in the section heading and in the section.

6-20-504. Children living in foster homes.

  1. A school district shall ensure the continuity of educational services for a child living in a foster home so that the child:
    1. Can remain in his or her school of origin in the state, if it is in the child's best interest;
    2. Is moved to a new school in this state in a timely manner when it is necessary, appropriate, and in the best interest of the child under § 9-28-113;
    3. Can participate in the appropriate educational programs; and
    4. Has access to the academic resources, services, and extracurricular enrichment activities that are available to all students.
    1. In those instances in which a child living in a foster home attends a public school in a school district in which the foster family home or childcare facility is located but, during the previous school year, attended another school district in this state which, due to the average daily membership of that child during the previous school year, receives state equalization aid and other state aid and federal funds for or in behalf of the education of the child during the current school year, the school district in which the foster child is a student may make application to the other school district receiving state and federal funds for the education of the child to remit the pro rata part of such state, federal, and local funds available for the education of the child, including special education funds if the foster child is a child with disabilities, to the school district in which the foster child is now a student.
    2. The application shall be in writing and shall state the name of the child, state the fact that the child is in a foster home in the school district, and request payment to that school district of the state, federal, and local funds, including special education funds, if the foster child is a child with disabilities as defined in this subchapter, available for the education of the child for the current school year due to the attendance of the child at the school attended during the previous year.
    3. If the school district to which the request is made fails or refuses to pay the requested funds to the requesting school district within thirty (30) days after receiving the request, the requesting school district may notify the Division of Elementary and Secondary Education of the fact, and the division shall investigate the facts of the request and the refusal to remit payment.
    4. If the division determines that the funds requested were due the requesting school district as provided in this section, the division shall notify the school districts involved of the determination and shall withhold the amount thereof from the next state aid funds available for distribution to the school district that failed or refused to remit the funds as provided in this subchapter and shall pay the amount over to the requesting school district as provided in this section, to be used for the education of the child living in a foster home who is a student in the school district during the current school year.

History. Acts 1981, No. 815, § 4; A.S.A. 1947, § 80-741; Acts 1993, No. 294, § 13; 1995, No. 1296, § 27; 1999, No. 391, § 18; 2015, No. 1094, § 3; 2019, No. 910, § 1608.

Amendments. The 2015 amendment rewrote (a).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(3); and substituted “division” for “department” in (b)(3) and twice in (b)(4).

6-20-505. Children with disabilities — Receiving district's request for funds.

  1. Whenever any child with disabilities attends or seeks to attend a school district other than the school district in which the child's lawful parents, guardian, or other person in loco parentis to the child resides, the receiving district may make application to the sending district requesting that all state, federal, local, or other funds received by the sending district in behalf of the education of the child for the school year or portion of the school year the child attends school in the receiving district be remitted by the sending district to the receiving district.
  2. Before requesting such funds, the requesting district shall have made a determination that:
    1. The child is a child with disabilities as defined in this subchapter and the applicable rules promulgated by the State Board of Education, as provided in this subchapter;
    2. The attendance of the child with disabilities in the school district is in the best interest of the education of the child with disabilities;
    3. The receiving district has accepted or is willing to accept the child with disabilities as a student; and
    4. The request for attendance at the receiving district is not based upon any racial or other reason that might be contrary to the laws and regulations of the United States or of this state or the rules promulgated by the state board under the provisions of this subchapter.
  3. The request for funds from the sending district shall be prepared by the receiving district in writing, setting forth the name of the child, the name and address of the parents, guardian, or other person lawfully responsible for the child, stating the reasons why the child is in attendance or seeks to attend the receiving district instead of the district in which the child should be in attendance, and stating that the receiving district has determined it is in the best interest of the education of the child with disabilities that the child be permitted to attend school in the receiving district.

History. Acts 1981, No. 815, § 3; A.S.A. 1947, § 80-740; Acts 1993, No. 294, § 13; 2019, No. 315, §§ 277, 278.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (b)(1) and (b)(4).

6-20-506. Children with disabilities — Approval or rejection of request.

  1. Within thirty (30) days after receiving a request for payment from the receiving district, the school district board of directors of the district to which the request is made shall review and either:
    1. Approve the request and make payment in behalf of the education of the child to the receiving district in the manner requested or as may be mutually agreed to by the districts; or
    2. If the school district board of directors rejects the request or rejects any of the terms thereof, the action shall be transmitted in writing to the district making the request within five (5) days after the action is taken, setting forth the reasons for rejecting the request or outlining the objections to or modifications proposed therein.
  2. The request for funds filed by the receiving district with the sending district shall seek payments that shall not exceed, unless the school districts shall mutually agree otherwise, the pro rata amount of state funds received per child for each category of state funds received by the school district, as the funds relate to the total number of students in attendance in the school district for which the funds were received.
    1. The amount of local funds to be remitted shall not exceed the pro rata amount per child of local operating funds as defined in this subchapter which are received by the school district from the sending district for property taxes for the school year, as these funds relate to the total number of school-age children in average daily attendance in the school district for the school year.
    2. The amount of federal funds to be remitted shall be the pro rata amount per child of federal funds as defined in this subchapter that are received for the category of all students eligible to receive federal funds who are within the same classification or category of the child with disabilities for which payment is sought.

History. Acts 1981, No. 815, § 3; A.S.A. 1947, § 80-740; Acts 1993, No. 294, § 13.

6-20-507. Children with disabilities — Hearing before hearing officer.

    1. Upon receipt of the written response, the requesting district in which the child is in attendance may, if the request is rejected, make application to the State Board of Education for a hearing officer to be designated to hold a hearing in regard to the request and to report recommendations to the state board.
    2. The hearing shall be held not less than thirty (30) days nor more than sixty (60) days from the date of the request for the appointment of a hearing officer.
    3. The hearing officer shall, at least ten (10) days before the hearing, notify the requesting district, the district to which the request is made, and all persons having an interest in or knowledge of the circumstances pertinent thereto, and the notice shall state the time and place of the hearing, which shall be held at a place designated by the hearing officer in a county in which one (1) of the school districts is located.
    4. At the hearing, the designated officials of the affected school districts and other interested parties shall appear and furnish testimony as requested by the hearing officer in regard to the request for the payments in behalf of the child.
    5. Upon conclusion of the hearing or within ten (10) days thereafter, the hearing officer shall file a written report, together with the hearing officer's recommendations, with the state board, with a copy thereof to be furnished to the superintendent of schools of the affected school districts.
    1. The hearing officer may recommend approval of the request to the state board if the hearing officer determines that:
      1. The application is made by or in behalf of a child with disabilities as defined in this subchapter;
      2. It is in the best interest of the education of the child to be admitted to or to continue to attend school in the receiving district;
      3. The child's educational needs can be better served in the receiving district; and
      4. The request for attendance at the receiving district is not based upon any racial or other reason that might be contrary to the laws, rules, and regulations of the United States or of this state or the rules promulgated by the state board under the provisions of this subchapter.
    2. Any district aggrieved by the report and recommendations of the hearing officer may appeal to the state board within thirty (30) days after the date of the ruling of the hearing officer.

History. Acts 1981, No. 815, § 3; A.S.A. 1947, § 80-740; Acts 1993, No. 294, § 13; 2019, No. 315, § 279.

Amendments. The 2019 amendment, in (b)(1)(D), inserted the first occurrence of “rules” and deleted “and regulations” following the second occurrence of “rules”.

6-20-508. Children with disabilities — Hearing and ruling by State Board of Education.

    1. If a hearing by the State Board of Education is requested in writing by either or both of the affected school districts or any party to the action, at least ten (10) days before the next regular state board meeting, the state board shall schedule a hearing in regard thereto and shall give each of the affected districts and the affected parties at least five (5) days' notice of the date, time, and place of the hearing.
    2. On the day and at the time scheduled for the hearing, the state board may hear all interested parties and, upon conclusion thereof, may issue its ruling in regard to the application for payment of funds in behalf of the child with disabilities, and, unless an appeal is filed therefrom with a court of competent jurisdiction within twenty (20) days after the date of such ruling, the ruling shall be final and shall be binding on the school districts and the parties affected.
  1. If no hearing is requested within the time provided in subsection (a) of this section, the state board shall, at its next meeting scheduled after receipt of the hearing officer's report and recommendations, either approve, reject, or modify the ruling and give notice thereof in writing to the school districts involved within five (5) days, and the ruling shall be binding upon the school districts and parties affected unless an appeal is filed with a court of competent jurisdiction within twenty (20) days of the date of the ruling.

History. Acts 1981, No. 815, § 3; A.S.A. 1947, § 80-740; Acts 1993, No. 294, § 13.

6-20-509. Children with disabilities — Sending district's refusal to pay.

If the ruling of the State Board of Education provides for payment to be made by the sending district in behalf of the education of the child in the receiving district and if the sending district refuses to make payments in the amount approved by the state board, then, upon certification thereof by the receiving district, the state board shall cause the amount of any state, federal, local, or other funds not remitted to the receiving district to be withheld from the next state equalization aid to the district that has failed to make payments and shall remit the funds to the receiving district in compensation for payments not made by the sending district.

History. Acts 1981, No. 815, § 3; A.S.A. 1947, § 80-740; Acts 1993, No. 294, § 13; 1999, No. 391, § 19.

6-20-510. Confidentiality of records.

All files and records that are required by the laws of this state or under the provisions of applicable federal laws or regulations to be kept confidential and all court orders pertaining to the confidentiality of records or prohibiting or limiting the disclosure thereof pertaining to a child living in a foster home or a child with disabilities under the provisions of this subchapter shall be strictly complied with by the respective school districts and by the Division of Elementary and Secondary Education in all correspondence and transactions pertaining to the administration of the provisions of this subchapter.

History. Acts 1981, No. 815, § 5; A.S.A. 1947, § 80-742; Acts 1993, No. 294, § 13; 2019, No. 910, § 1609.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education”.

Subchapter 6 — Local School District Isolated Funding

Publisher's Notes. Former subchapter 6, concerning isolated school districts, was repealed by Acts 1995, No. 917, § 15. The subchapter was derived from the following sources:

6-20-601. Acts 1983 (1st Ex. Sess.), No. 42, § 1; 1983 (1st Ex. Sess.), No. 64, § 1; A.S.A. 1947, § 80-484.

6-20-602. Acts 1983 (1st Ex. Sess.), No. 42, §§ 2, 4; 1983 (1st Ex. Sess.), No. 64, §§ 2, 4; A.S.A. 1947, §§ 80-485, 80-487.

6-20-603. Acts 1983 (1st Ex. Sess.), No. 42, § 3; 1983 (1st Ex. Sess.), No. 64, § 3; A.S.A. 1947, § 80-486; Acts 1989, No. 890, § 1; 1995, No. 890, § 1.

6-20-604. Acts 1983 (1st Ex. Sess.), No. 42, § 5; 1983 (1st Ex. Sess.), No. 64, § 5; A.S.A. 1947, § 80-488.

Effective Dates. Acts 1997, No. 1318, § 5: Apr. 10, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that the immediate effectiveness of this act is essential to the operation of the school districts that may qualify to receive isolated funding. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1549, § 33: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that changes to the distribution of public school funds must take effect at the time that appropriations become effective and that not to do so would create confusion in the state's public school districts. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 1999.”

Acts 2001, No. 1220, § 20: July 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly that changes to the distribution of public school funds must take effect at the time that appropriations become effective and that to not do so would create confusion in the state's public school districts. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 2001.”

Acts 2003 (2nd Ex. Sess.), No. 60, § 6: Jan. 29, 2004. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002) declared the now existing system of education to be unconstitutional because it is both inequitable and inadequate; and the Arkansas Supreme Court set forth the test for a constitutional system to be one in which the State has an ‘absolute duty’ to provide an ‘equal opportunity to an adequate education’; and the Arkansas Supreme Court instructed the General Assembly to define and provide what is necessary to provide an adequate and equitable education for the children of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2006 (1st Ex. Sess.), No. 21, § 3: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court found that the public school funding system continues to be inadequate and the public schools are operating under a constitutional infirmity which must be corrected immediately; that to correct the constitutional infirmity and to provide adequate funding for public education, the amount of funding provided to school districts with declining enrollment and the amount of special needs isolated funding provided to school districts with isolated schools should be increased; and that this act is necessary to allow the Department of Education and the Chief Fiscal Officer of the State sufficient time to make all necessary adjustments, calculations, and distributions to provide adequate funding for school districts with declining enrollments and isolated schools that receive special needs isolated funding. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 811, § 4: Apr. 3, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that school districts that enroll students in an isolated school or from a closed isolated school need funding for the transportation of those students to and from the isolated area; that some school districts may lose isolated school funding when an isolated school is closed but continue to have the additional transportation costs; that the loss of the funding may place a hardship on the school district involved; and that this act is immediately necessary because school districts affected by this act and the Department of Education need to resolve the funding issues under this act before the beginning of the 2009-2010 school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2010, No. 293, § 35: July 1, 2010, except § 32, effective Feb. 26, 2010. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for a longer period than one (1) fiscal year; that the effectiveness of this Act on July 1, 2010 is essential to the operation of the agency for which the appropriations in this Act are provided, with the exception that Section 32 in this Act which shall be in full force and effect from and after the date of its passage and approval, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2010 could work irreparable harm upon the proper administration and provision of essential governmental programs, with the exception that Section 32 in this Act which shall be in full force and effect from and after the date of its passage and approval. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2010, with the exception that Section 32 in this Act which shall be in full force and effect from and after the date of its passage and approval.”

Acts 2011, No. 1075, § 35: July 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2011 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2011 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2011.”

Acts 2013, No. 1005, § 2: July 1, 2014.

Acts 2017, No. 129, § 2: Feb. 6, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that isolated school districts need additional funding to effectively operate their school districts; that the provision of this additional funding is necessary to avoid an interruption of the delivery of educational services; and that this act is immediately necessary to ensure that the additional funding is provided for the upcoming academic year so that the affected school districts can budget accordingly. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-20-601. Qualifications for receiving isolated funding — Definition.

  1. As used in this section, “isolated school district” means a school district that meets any four (4) of the following five (5) criteria:
    1. There is a distance of twelve (12) miles or more by hard-surfaced highway from the high school of the district to the nearest adjacent high school in an adjoining district;
    2. The density ratio of transported students is less than three (3) students per square mile of area;
    3. The total area of the district is ninety-five square miles (95 sq. mi.) or greater;
    4. Less than fifty percent (50%) of bus route miles is on hard-surfaced roads; and
    5. There are geographic barriers such as lakes, rivers, and mountain ranges that would impede travel to schools that otherwise would be appropriate for consolidation, cooperative programs, and shared services.
  2. An isolated school district shall be eligible to receive isolated funding under this section if:
    1. The school district's budget is prepared by the school district with Division of Elementary and Secondary Education approval;
    2. The school district has a prior-year three-quarter average daily membership of fewer than three hundred fifty (350); and
    3. The school district and each school within the school district meets the minimum standards for accreditation of public schools prescribed by law and rule.
  3. Any school district designated as an isolated school district for the 1996-1997 fiscal year that used geographic barriers as one (1) of the four (4) criteria necessary to receive isolated funding shall be allowed to continue to use geographic barriers as a criterion for future allocations of isolated funding.
    1. State financial aid in the form of isolated funding shall be provided to school districts qualifying under this section.
    2. There are two (2) categories of isolated funding:
      1. Category I isolated funding shall be provided to all school districts that qualify under this section and shall be calculated as:
        1. Three hundred fifty (350) minus the prior-year three-quarter average daily membership; divided by
        2. Eight hundred fifty (850); multiplied by
        3. The prior-year three-quarter average daily membership; and multiplied by
        4. The per-student foundation funding amount under § 6-20-2305(a)(2); and
      2. Category II isolated funding shall be additionally provided to those school districts that qualify under this section and have a prior-year three-quarter average daily membership density ratio of less than one and two-tenths (1.2) students per square mile and shall be calculated at fifty percent (50%) of Category I funding.
      1. An isolated school district whose per-student revenue exceeds the per-student foundation funding amount shall receive isolated funding calculated as follows:
        1. The sum of Category I plus Category II; minus
        2. The per-student foundation funding amount; minus
        3. The school district's per-student revenue; and multiplied by
        4. The prior-year three-quarter average daily membership.
      2. As used in this subdivision (d)(3), “revenue” has the same meaning as defined in § 6-20-2303.
    1. Except as provided under subdivision (e)(2) of this section, a school district that qualifies under § 6-20-603 to receive additional state aid because its prior-year three-quarter average daily membership is less than three hundred fifty (350) is not eligible to receive funding under this section.
    2. A school district may elect to receive funding under this section in lieu of funding under § 6-20-603 if the school district qualifies for funding under § 6-20-603 and for funding under this section.

History. Acts 1997, No. 1318, § 1; 1999, No. 1549, § 21; 2001, No. 1220, § 11; 2011, No. 1131, § 1; 2015, No. 846, § 12; 2019, No. 315, § 280; 2019, No. 910, § 1610.

Amendments. The 2011 amendment inserted “under this section” in the introductory language of (b); substituted “school district” for “local district” in (b)(1); substituted “a prior-year three-quarter average daily membership” for “an average daily membership” in (b)(2); inserted “and each school within the school district” in (b)(3); and rewrote (d) and (e).

The 2015 amendment substituted “fewer” for “less” in (b)(2).

The 2019 amendment by No. 315 substituted “rule” for “regulation” in (b)(3).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(1).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

6-20-602. Isolated schools — Definition.

  1. “Isolated school” means a school within a school district that:
    1. Before administrative consolidation or annexation under this section, the Public Education Reorganization Act, § 6-13-1601 et seq., and § 6-13-1405(a)(5) [repealed] qualified as an isolated school district under § 6-20-601; and
    2. Is subject to administrative consolidation or annexation under this section, the Public Education Reorganization Act, § 6-13-1601 et seq., and § 6-13-1405(a)(5) [repealed].
  2. Any isolated school within a resulting or receiving district shall remain open unless the school district board of directors of the resulting or receiving district adopts a motion to close the isolated school or parts thereof by:
    1. Unanimous vote of the full board of directors; or
      1. A majority vote of the full board of directors, but less than a unanimous vote, and the motion is considered by and approved by a majority vote of members of the State Board of Education.
        1. Any school district board of directors seeking the state board's approval to close isolated schools or parts thereof under subdivision (b)(2)(A) of this section shall no less than thirty (30) days before a regularly scheduled state board meeting, request a hearing on the matter before the state board and file a petition to have the motion reviewed and approved by the state board.
        2. The petition shall:
          1. Identify the specific isolated schools or part thereof that the local board of directors has moved to close;
          2. State all reasons that the isolated schools or part thereof should be closed;
          3. State how the closure will serve the best interests of the students in the district as a whole;
          4. State if the closure will have any negative impact on desegregation efforts or violate any valid court order from a court of proper jurisdiction; and
          5. Have attached a copy of the final motion approving the closure by the local board of directors.
        1. Upon receiving a petition for approval of a motion to close all or part of an isolated school under subdivision (b)(2)(A) of this section, the state board shall have the authority to review and approve or disapprove the petition.
        2. The state board shall only approve a motion to close isolated schools or parts thereof under subdivision (b)(2)(A) of this section if the closure is in the best interest of the students in the school district as a whole.
        3. The state board shall not close a school if the state board finds that the closure will have any negative impact on desegregation efforts or will violate any valid court order from a court of proper jurisdiction.
        1. Except under subdivision (b)(2)(D)(ii) of this section, the state board shall not require the closure of all or part of an isolated school without a motion from the local board of directors as required under subdivision (b)(2)(A) of this section.
        2. This section shall not be construed to restrict the authority of the Division of Elementary and Secondary Education and the state board otherwise granted by law.
  3. Funding for isolated school districts shall be expended by the resulting or receiving district only on the operation, maintenance, and other expenses of the isolated schools within the resulting or receiving district.

History. Acts 2003 (2nd Ex. Sess.), No. 60, § 5; 2005, No. 1397, § 2; 2011, No. 1131, § 2; 2019, No. 910, § 1611.

A.C.R.C. Notes. Acts 2003 (2nd Ex. Sess.), No. 60, § 1, provided: “Legislative purpose. The General Assembly declares that this act is necessary to ensure the delivery of an equal opportunity for an adequate education to the people of Arkansas in an efficient and effective manner.”

Amendments. The 2011 amendment added the exception at the beginning of present (b)(2)(D)(i); and added (b)(2)(D)(ii).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(2)(D)(ii).

Case Notes

Closure.

In an appeal by parents under § 25-15-212 of the State Board of Education's decision to close a K-12 school campus under subsection (a) of this section, the state's duty to provide an adequate education, its obligation to render a definition of excessive transportation time, and its obligation to adequately fund the transportation needs of school districts were not issues before the court where the state was not a party to the action. Walker v. Ark. State Bd. of Educ., 2010 Ark. 277, 365 S.W.3d 899 (2010).

The Administrative Procedure Act (APA), § 25-15-201 et seq., is applicable to a decision by the State Board of Education regarding a petition for closure, pursuant to this section, because the Board is an administrative agency, whose decisions are subject to appeal as governed by the APA, and the Board acts in a judicial or quasi-judicial capacity, rather than a day-to-day administrative capacity, when it reviews a petition for closure of an isolated school. Walker v. Ark. State Bd. of Educ., 2010 Ark. 277, 365 S.W.3d 899 (2010).

In an appeal by parents of the State Board of Education's decision to close a K-12 school campus under subsection (a) of this section, the parents' allegation that their children would suffer a negative impact on their academic achievement due to the Board's approval of the school district's petition for closure was sufficient injury to confer standing under § 25-15-212. Walker v. Ark. State Bd. of Educ., 2010 Ark. 277, 365 S.W.3d 899 (2010).

6-20-603. Continued support of isolated school districts.

  1. Upon the effective date of consolidation, annexation, or reorganization, the following school districts that received isolated funding in the 2003-2004 school year shall become isolated school areas for the sole purpose of receiving isolated funding and shall have a per student isolated funding amount as follows:
  2. Each school year, state financial aid in the form of isolated funding shall be provided to school districts containing an isolated school area in an amount equal to the prior-year three-quarter average daily membership of the isolated school area multiplied by the per student isolated funding amount for the isolated school areas as set forth under column “C” of subsection (a) of this section.
    1. Except as provided under subdivision (c)(2) of this section, a school district may not receive isolated funding under this section for an isolated school area if the prior-year three-quarter average daily membership of the isolated school area exceeds three hundred fifty (350).
    2. A school district is entitled to receive the funding under this section for an isolated school area received by the school district in:
      1. A consolidation under § 6-13-1401 et seq. or the Public Education Reorganization Act, § 6-13-1601 et seq.; or
      2. An annexation under § 6-13-1401 et seq. or the Public Education Reorganization Act, § 6-13-1601 et seq.
  3. A school district receiving isolated funding for an isolated school area shall expend the funds solely for the operation, maintenance, and support of the isolated school area.
    1. Except as provided under subdivision (e)(2) of this section, a school district that qualifies under § 6-20-601 to receive additional state aid because its prior-year three-quarter average daily membership is less than three hundred fifty (350) is not eligible to receive funding under this section.
    2. A school district may elect to receive funding under this section in lieu of funding under § 6-20-601 if the school district qualifies for funding under § 6-20-601 and for funding under this section.
  4. For the purposes of this section, school districts with isolated school areas shall account for the average daily membership of all schools located in the isolated school areas as required by the Division of Elementary and Secondary Education and shall submit reports as required by the division.
  5. The division shall distribute isolated funding under this section in two (2) payments per school year.
  6. This section does not determine a school district's qualification as an isolated school district under § 6-20-601 as required to prohibit the closing of an isolated school in § 6-20-602.
      1. If all of an isolated school area in a school district is closed, the school district shall receive funding based on the prior-year three-quarter average daily membership of the isolated school area.
      2. If part of an isolated school area in a school district is closed, the school district funding is based on the prior-year three-quarter average daily membership of the part of the isolated school area that remains open.
      3. Funding received by a school district under this subsection is restricted for use at the closed isolated school area or for transporting students of the closed isolated school area to another school in the district.
    1. If a closed isolated school area is subsequently used by the school district for an alternative learning environment program or other regular classroom teaching, the school district using the now closed isolated school area may submit prior-year three-quarter average daily membership to the state to request funding under this section.
  7. The State Board of Education may promulgate rules as necessary for the proper implementation of this section.

Per Student Isolated County School District Funding Amount Column A Column B Column C Van Buren Alread 2,219 Desha Arkansas City 2,040 Randolph Biggers-Reyno 763 Miller Bright Star 916 Marion Bruno-Pyatt 329 Dallas Carthage 1,938 Independence Cord-Charlotte 235 Woodruff Cotton Plant 733 Crittenden Crawfordsville 642 Newton Deer 853 Greene Delaplaine 215 Desha Delta Special 952 Nevada Emmet 307 Sharp Evening Shade 115 Ashley Fountain Hill 339 Yell Fourche Valley 1,603 Arkansas Gillett 1,000 Lincoln Gould 765 Lincoln Grady 560 Polk Hatfield 42 Monroe Holly Grove 868 Arkansas Humphrey 328 Union Huttig 668 Cleveland Kingsland 394 Madison Kingston 661 Phillips Lake View 1,054 Searcy Leslie 628 Lawrence Lynn 782 Columbia McNeil 329 Union Mount Holly 898 Newton Mount Judea 622 Izard Mount Pleasant 225 Johnson Oark 1,576 Montgomery Oden 671 Saline Paron 733 Yell Plainview-Rover 297 Franklin Pleasant View 679 Randolph Randolph County 444 Lawrence River Valley 106 Stone Rural Special 788 Searcy Saint Joe 727 Madison Saint Paul 123 Hempstead Saratoga 1,407 Van Buren Scotland 1,841 Dallas Sparkman 487 Ouachita Stephens 1 Stone Stone County 367 Jackson Swifton 458 Columbia Taylor 353 Howard Umpire 2,152 Union Union 45 Columbia Walker 819 Newton Western Grove 375 Cleburne Wilburn 978 Sharp Williford 475 Washington Winslow 494

Click to view table.

History. Acts 2003 (2nd Ex. Sess.), No. 65, § 1; 2007, No. 1573, §§ 29, 30; 2009, No. 811, § 1; 2011, No. 996, § 1; 2011, No. 1131, § 3; 2019, No. 910, § 1612.

Amendments. The 2009 amendment inserted “Except as provided under § 6-20-604(g)” in (i)(1); deleted (i)(3), and made a related change.

The 2011 by No. 996 amendment rewrote (c).

The 2011 amendment by No. 1131 substituted “prior-year” for “prior year's” in (b), (c) and present (i)(1)(A); inserted present (c)(2); rewrote (e); deleted former (i)(1), inserted present (i)(1)(B) and (i)(1)(C), and redesignated the remaining subdivisions accordingly; and, in present (i)(1)(A), substituted “If all of an isolated school area” for “If all or part of an isolated school” and “the isolated school area” for “or the part of the isolated school that remains open.”

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (f); and substituted “division” for “department” in (f) and (g).

Case Notes

Cited: Deer/Mt. Judea Sch. Dist. v. Kimbrell, 2013 Ark. 393, 430 S.W.3d 29 (2013).

6-20-604. Additional funding.

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

History. Acts 2005, No. 1452, § 1; 2006 (1st Ex. Sess.), No. 21, § 2; 2007, No. 1052, §§ 1, 2; 2007, No. 1573, §§ 31, 32; 2009, No. 811, §§ 2, 3; 2010, No. 293, § 32; 2011, No. 996, § 2; 2011, No. 1075, § 31; 2011, No. 1131, § 4; 2012, No. 269, § 31; 2013, No. 1073, § 33; 2015, No. 27, § 1; 2015, No. 846, §§ 13-15; 2017, No. 129, § 1.

Amendments. The 2009 amendment, in (c)(1), substituted “serving students in any grade in” for “open for,” substituted “one (1)” for “two (2),” and made a minor punctuation change; and substituted “expiration date of an appropriation made for the purposes of this section” for “2007-2009 biennium” in (h)(3).

The 2010 amendment added (e)(2); and added “Except as provided in subdivision (e)(2) of this section” at the beginning of (e)(1).

The 2011 amendment by No. 996 redesignated former (d) as present (d)(1) and added (d)(2).

The 2011 amendment by No. 1131 rewrote the section.

The 2013 amendment deleted “between January 1, 2008, and July 1, 2008” following “twelve (7-12)” in (e)(2)(B).

The 2015 amendment by No. 27 substituted “one and five-tenths (1.5)” for “one and four-tenths (1.4)” in (d)(1)(C).

The 2015 amendment by No. 846, in (b)(3)(C), inserted “fewer than”, deleted “or fewer” following “students”, and deleted “or with regard to the 2006-2007 school year no later than June 1, 2006” following “annexation process”; inserted “meeting the requirements of subsection (b) of this section” in the introductory language of (d)(2); and added (e)(2)(C).

The 2017 amendment substituted “one and five-tenths (1.5)” for “one and three-tenths (1.3)” in (c)(3).

Case Notes

Cited: Deer/Mt. Judea Sch. Dist. v. Kimbrell, 2013 Ark. 393, 430 S.W.3d 29 (2013).

6-20-605. [Repealed.]

Publisher's Notes. This section, concerning a study with the aim of reducing excessive travel times for students, was repealed by Acts 2007, No. 1573, § 60. The section was derived from Acts 2005, No. 1452, § 2.

6-20-606. [Repealed.]

Publisher's Notes. This section, concerning the phasing out of funding for isolated schools, was repealed by Acts 2015, No. 846, § 16. The section was derived from Acts 2013, No. 1005, § 1.

Subchapter 7 — School Lunch Program

Effective Dates. Acts 1947, No. 157, § 8: Mar. 3, 1947. Emergency clause provided: “It is ascertained and determined that the proper nutrition of school children is necessary for the preservation of public peace, health, and safety, an emergency is declared to exist, and this act shall be in effect and full force upon and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-20-701. Definitions.

As used in this subchapter:

  1. “School” means public tax-supported elementary or high school;
  2. “School district” means:
    1. A geographic area with an elected board of directors that qualifies as a taxing unit for purposes of school district taxes under § 26-80-101 et seq., which board of directors conducts the daily affairs of public schools pursuant to the supervisory authority vested in it by the General Assembly and this title; and
    2. An open-enrollment public charter school; and
  3. “School lunch program” means a program under which lunches are served by any school in this state on a nonprofit basis to children in attendance, including any such program under which a school receives assistance out of funds appropriated by the United States Congress.

History. Acts 1947, No. 157, § 1; A.S.A. 1947, § 80-125; Acts 2013, No. 1073, § 34.

Amendments. The 2013 amendment rewrote (2).

6-20-702. Administration generally.

  1. The State Board of Education may enter into such agreements with any agency of the United States Government, with any school district, or with any other agency or person and may prescribe such rules, employ such personnel, and take such other action as it may deem necessary to provide for the establishment, maintenance, operation, and expansion of any school lunch program and to direct the disbursement of federal and state funds, in accordance with any applicable provisions of federal or state law.
  2. The state board may give technical advice and assistance to any school district in connection with the establishment and operation of any school lunch program and may assist in training personnel engaged in the operation of such program.

History. Acts 1947, No. 157, § 3; A.S.A. 1947, § 80-127; Acts 2019, No. 315, § 281.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (a).

6-20-703. Disposition of federal funds.

  1. The State Board of Education is authorized to accept and direct the disbursement of funds appropriated by any act of the United States Congress and apportioned to the state for use in connection with school lunch programs.
  2. The state board shall deposit all such funds received from the federal government into a special account and shall make disbursements directly to school districts upon receipt of proper claims prescribed by the state board.

History. Acts 1947, No. 157, § 2; A.S.A. 1947, § 80-126.

6-20-704. Regulation and supervision of accounts, records, and operations.

  1. The State Board of Education shall prescribe rules for the keeping of accounts and records and the making of reports by or under the supervision of school districts.
  2. These accounts and records shall at all times be available for inspection and audit by authorized officials and shall be preserved for such period of time, not in excess of five (5) years, as the state board may lawfully prescribe.
  3. The state board shall conduct or cause to be conducted such audits, inspections, and administrative reviews of accounts, records, and operations with respect to school lunch programs as may be necessary to determine whether its agreements with the school district regulations made pursuant to this subchapter are being complied with and to ensure that school lunch programs are effectively administered.

History. Acts 1947, No. 157, § 5; A.S.A. 1947, § 80-129; Acts 2019, No. 315, § 282.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (a).

6-20-705. Studies and appraisals — Reports.

The State Board of Education is authorized, to the extent that funds are available for that purpose, and in cooperation with other appropriate agencies and organizations, to:

  1. Conduct studies of methods for improving and expanding school lunch programs and promoting nutritional education in the schools;
  2. Conduct appraisals of the nutritive benefits of school lunch programs; and
  3. Report its findings and recommendations to the Governor and to the General Assembly.

History. Acts 1947, No. 157, § 6; A.S.A. 1947, § 80-130.

6-20-706. Acceptance of gifts.

The State Board of Education and any school district may accept any gift for use in connection with any school lunch program.

History. Acts 1947, No. 157, § 3; A.S.A. 1947, § 80-127.

6-20-707. Use of funds by school districts.

Pursuant to any power of school districts to operate or provide for the operation of school lunch programs in schools under their jurisdiction, school districts may use the funds disbursed to them under the provisions of this subchapter, gifts, and other funds received from sale of school lunches for establishment, expansion, and improvement of school lunch programs.

History. Acts 1947, No. 157, § 4; A.S.A. 1947, § 80-128.

6-20-708. Appropriation of state funds authorized.

There is authorized to be appropriated from time to time out of money in the State Treasury not otherwise appropriated such sums as may be necessary to enable the State Board of Education to provide for the establishment, maintenance, operation, and expansion of school lunch programs, including, but not limited to, the payment of administrative expenses and the matching or supplementing of federal funds.

History. Acts 1947, No. 157, § 7; A.S.A. 1947, § 80-131.

6-20-709. School lunch menus.

  1. In addition to following the dietary guidelines of the National School Lunch Program, each school district shall provide to the school district's school nutrition and physical activity advisory committee:
    1. Information on the requirements and standards of the program; and
    2. Menus for the program and other food sold in the school cafeteria on a quarterly basis.
  2. The school nutrition and physical activity advisory committee shall provide recommendations to the school district concerning menus and other foods sold in the school cafeteria.
  3. The Child Health Advisory Committee, the Child Nutrition Unit, and the Department of Health shall provide technical assistance as necessary.

History. Acts 2005, No. 2285, § 1; 2019, No. 910, § 1613.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” following “Child Nutrition Unit of the” in (c).

Subchapter 8 — Revolving Loan Program — General Provisions

Effective Dates. Acts 1953, No. 384, § 19[20]: July 1, 1953.

Acts 1957, No. 80, § 3: Feb. 25, 1957. Emergency clause provided: “It is hereby determined by the General Assembly that many counties of the State are making substantial progress in equalizing assessments; that a number of counties have not been able to employ appraisal firms to assist in reappraising and equalizing property due to the fact that a number of school districts would be placed in financial jeopardy if they were required to pay their share of the cost of such reappraisal out of their current tax income; and, that there is an immediate need for the passage of this Act in order that school districts might borrow funds to replace tax money lost to said districts as their pro rata share of the cost of reappraisal of property within the county. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1959, No. 64, § 2: July 1, 1959.

Acts 1967, No. 480, § 5: Apr. 4, 1967. Emergency clause provided: “It is hereby declared that the Revolving Loan Program of the State of Arkansas is essential to the welfare of many School Districts in this State; that the changes made by this act in the Revolving Loan Program are necessary for the effective operation of the Program; and that these changes must go into effect immediately so that the program may continue uninterrupted. It is, therefore, declared that an emergency exists and this act being necessary for the immediate preservation of the public peace, health and safety shall take effect and be in force from and after its passage and approval.”

Acts 1973, No. 59, § 17: Feb. 6, 1973. Emergency clause provided: “It has been found and it is hereby declared by the General Assembly that the existing authority for the financing of the revolving loan program administered by the Board is inadequate and costly in that additional funds could be obtained at less cost if the Board were enabled to borrow from customary sources on a competitive bid basis. Therefore an emergency is declared to exist and this Act, being immediately necessary for the preservation of the public peace, health and safety, shall be in full force and effect upon its passage and approval.”

Acts 1979, No. 541, § 9: Mar. 23, 1979. Emergency clause provided: “It has been found and it is hereby declared that the Revolving Loan Program of the State Board of Education can no longer be financed, due to the legal inability of participating school districts to pay interest at rates which would permit the Board to issue its bonds at interest rates acceptable to the market and that school districts are presently in need of the funds customarily provided under the Revolving Loan Program. Therefore, an emergency is declared to exist and this Act, being necessary for the preservation of the public peace, health and safety, shall be in force upon its passage and approval.”

Acts 1983, No. 880, § 6: Mar. 28, 1983. Emergency clause provided: “It is hereby found and determined that school districts and the State Board of Education are presently unable to finance essential facilities for public education within the present maximum interest rate limitations on debt obligations issued by the Board and school districts. An emergency is declared to exist and this Act, being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 1185, § 6: Apr. 10, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that there is an immediate need for funds for elementary and secondary education in Arkansas and for funds which may be available for loans to Arkansas school districts pursuant to the revolving loan program operated by the State Board of Education and that, accordingly, the power of the Board to sell revolving loan school district obligations should be clarified and confirmed. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from an after its passage and approval.”

Acts 1992 (1st Ex. Sess.), No. 53, § 6: Mar. 17, 1992. Emergency clause provided: “It is hereby found and determined by the General Assembly that bankruptcies and receiverships result in delinquent property taxes which results in substantial financial distress to school districts; this act provides a mechanism for the State Department of Education to loan money to school districts in such instances and should be given effect immediately in order to protect the solvency of those school districts. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 501, § 5: Mar. 15, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy Ninth General Assembly that the Revolving Loan Program of the State Board of Education is essential to the continued and proper financing of Arkansas school districts and that immediate implementation of the provisions of this act are necessary for the efficient operation of the Revolving Loan Program. Therefore, an emergency is declared to exist and this act, being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 977, § 5: Apr. 9, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly that the Revolving Loan Program of the State Board of Education is essential to the continued and proper financing of Arkansas school districts and that the immediate implementation of the provisions of this act are necessary for the efficient operation of the Revolving Loan Program. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1994 (2nd Ex. Sess.), No. 49, § 5: Aug. 25, 1994. Emergency clause provided: “It is hereby found and determined by the Seventy Ninth General Assembly, meeting in Second Extraordinary Session, that expanding the purposes for which school districts may borrow money from the Revolving Loan Program of the State Board of Education is essential to the financial stability of school districts when local taxes are tied up in court or when insurance claims are being litigated or arbitrated and that immediate implementation of the provisions of this Act are necessary for the efficient operation of the Revolving Loan Program. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 913, § 6: Apr. 5, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that present laws with respect to revolving loans to school districts contain restrictions which unduly inhibit current operations of the Revolving Loan Program under the exclusive jurisdiction of the State Board of Education and that the immediate implementation of the provisions of this act are necessary for a more efficient operation of the program. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 2001, No. 1220, § 20: July 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly that changes to the distribution of public school funds must take effect at the time that appropriations become effective and that to not do so would create confusion in the state's public school districts. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 2001.”

Acts 2003, No. 210, § 4: Feb. 21, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that revolving loan bonds, revolving loan certificates of indebtedness, and negotiable bonds are utilized for the financing of school districts in the state; that legislation is needed to amend the definition of maximum lawful rate in order to clarify that revolving loan bonds, revolving loan certificates of indebtedness, and negotiable bonds are utilized for the financing of school districts in the state; that legislation is needed to amend the definition of maximum lawful rate in order to clarify the maximum lawful rate of interest allowed on such indebtedness prior to the next annual school elections or special election called by the school district to comply with recent court orders, and that this act is immediately necessary because school districts need to restructure their debt in order to comply with recent court orders. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Identical Acts 2006 (1st Ex. Sess.), Nos. 22 and 23, § 6: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court found that the public school funding system continues to be inadequate and the public schools are operating under a constitutional infirmity that must be corrected immediately; that statutory limitations on bonded indebtedness for school districts may impair some school districts' ability to raise local resources necessary for the repair, improvement, and replacement of academic facilities; that legislative correction is immediately necessary in order to allow school districts, particularly school districts experiencing rapid growth, to use all available revenue streams in providing an adequate opportunity for an adequate education to every public school student in the state. Therefore, an emergency is declared to exist and this act being necessary for the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-20-801. Continuance of Revolving Loan Fund.

  1. The fund in the State Treasury known as the “Revolving Loan Fund” shall continue, under the exclusive jurisdiction of the State Board of Education, as the lending fund for the Public School Fund.
  2. All unencumbered assets, both cash and securities, in the Revolving Loan Fund shall remain inviolate and intact as though in the Public School Fund and shall be held by the Treasurer of State, as custodian, subject, however, to its administration by the state board for the purposes provided in this subchapter.
  3. All earnings received on the investment of assets held in the Revolving Loan Fund shall be used for the following purposes, and in the following order of priority:
    1. To pay expenses of the operation of the revolving loan program administered by the state board and the Division of Elementary and Secondary Education; and
    2. To fund revolving loans made pursuant to § 6-20-802 or any like or successor law.

History. Acts 1953, No. 384, § 1; A.S.A. 1947, § 80-941; Acts 1993, No. 501, § 1; 2019, No. 910, § 1614.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c)(1).

6-20-802. Purposes of loan.

Subject to the conditions and limitations contained in this subchapter, any school district may borrow and the State Board of Education may lend moneys in the Revolving Loan Fund for any of the following purposes:

  1. The funding of its legally issued and outstanding postdated warrants;
  2. The purchase of new or used school buses or the refurbishing of school buses;
  3. The payment of premiums on insurance policies covering its school buildings, facilities, and equipment in instances in which the insurance coverage extends three (3) years or longer;
  4. The replacement of or payment of the school district's pro rata part of the expense of employing professional appraisers as authorized by § 26-26-601 et seq. [repealed] or other laws providing for the appraisal or reappraisal and assessment of property for ad valorem tax purposes;
  5. The making of major repairs and the construction of additions to existing school buildings and facilities;
  6. The purchase of surplus buildings and equipment;
  7. The purchase of sites for and the cost of construction thereon of school buildings and facilities and the purchase of equipment for the buildings;
  8. The purchase of its legally issued and outstanding commercial bonds at a discount provided that a substantial savings in gross interest charges can be thus effected;
  9. The refunding of all or any part of its legally issued and outstanding debt, both funded and unfunded;
  10. The purchase of equipment;
  11. The payment on loans secured for settlement resulting from litigation against a school district;
  12. The purchase of energy conservation measures as defined in § 6-20-401;
  13. The maintenance and operation of the school district in an amount equal to delinquent property taxes resulting from bankruptcies or receiverships of taxpayers; and
    1. Loans to school districts in an amount equal to insured facility loss or damage when the insurance claim is being litigated or arbitrated.
    2. For purposes of this subdivision (14), the loans become payable and due when the final settlement is made, and the loan limits prescribed by § 6-20-803 shall not apply.

History. Acts 1953, No. 384, § 2; 1957, No. 80, § 1; 1965, No. 27, § 1; A.S.A. 1947, § 80-942; Acts 1989, No. 403, § 1; 1992 (1st Ex. Sess.), No. 53, § 1; 1994 (2nd Ex. Sess.), No. 49, § 1; 1997, No. 1265, § 2; 2001, No. 1220, § 12.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

Case Notes

Cited: Little Rock Sch. Dist. v. Pulaski County Special Sch. Dist. No. 1, 597 F. Supp. 1220 (E.D. Ark. 1984).

6-20-803. Loans to local school districts.

  1. The maximum amount of money a local school district may borrow from the Revolving Loan Fund shall be five hundred thousand dollars ($500,000).
  2. Notwithstanding subsection (a) of this section, a school district participating in the Compressed Natural Gas School Bus Pilot Program under § 6-19-128 [repealed] additionally may borrow up to one million five hundred thousand dollars ($1,500,000) for the purchase of new compressed natural gas school buses.

History. Acts 1987, No. 552, § 1; 1995, No. 913, § 1; 2006 (1st Ex. Sess.), No. 22, § 4; 2006 (1st Ex. Sess.), No. 23, § 4; 2013, No. 1195, § 2.

A.C.R.C. Notes. Former § 6-20-803, concerning the maximum amount of loans, is deemed to be superseded by this section. The former section was derived from Acts 1953, No. 384, § 3; A.S.A. 1947, § 80-943.

Amendments. The 2013 amendment inserted designation (a) and added (b).

6-20-804. Application for loan.

    1. The board of directors of any school district desiring to borrow money from the Revolving Loan Fund, acting through its chair or president, and secretary, shall file a formal application with the State Board of Education.
    2. The application shall contain the following information:
      1. The name, number, and location of the school district;
      2. The date and place of the meeting of the board of directors at which action was taken authorizing its chair or president, and secretary to make formal application for a loan;
      3. The purpose for which the proceeds of the loan would be used;
      4. The amount of the assessed valuation of both real and personal property within its boundaries for the then-current year;
      5. The estimated amount that it proposes to borrow, together with supporting evidence upon which the estimate is based;
      6. A detailed description of its valid outstanding debt, both funded and unfunded, itemizing the respective amounts thereof, and a statement setting forth the security, if any, pledged to the payment of each classification of the debt;
      7. The method that it proposes to adopt to secure, and to amortize, any proposed borrowing from the fund; and
      8. Such additional information as may be required by the state board.
  1. Each application shall be executed in duplicate, the original to be filed with the state board and one (1) copy to be retained in the files of the school district.

History. Acts 1953, No. 384, § 4; A.S.A. 1947, § 80-944; Acts 2005, No. 2121, § 13.

6-20-805. Approval, partial approval, or disapproval of loans.

    1. Within a reasonable time after its receipt, each application shall be examined by the Commissioner of Education as to accuracy with respect to answers contained therein relating to fiscal matters.
    2. A statement of the commissioner's findings, together with the commissioner's recommendations, shall be submitted with the application to the State Board of Education for consideration.
    1. After considering the merits of each application, the state board may, in its discretion, approve the application for the full amount of the proposed loan, approve the application for a loan of a lesser amount than the amount requested, or disapprove the application.
    2. The applicant shall forthwith be notified by the commissioner of the action taken by the state board.
  1. The state board may, by resolution, delegate to the commissioner any of the powers or duties vested in or imposed upon it by this subchapter with respect to the approval of loans made from the Revolving Loan Fund in instances in which such loans are to be evidenced by revolving loan certificates of indebtedness.
  2. Such delegated powers and duties may be exercised by the commissioner in the name of the state board.

History. Acts 1953, No. 384, § 5; A.S.A. 1947, § 80-945.

6-20-806. Revolving loan bonds and certificates of indebtedness.

    1. Each such loan that is to be amortized or paid in full, both principal and interest, within or at the end of ten (10) years from the date of its approval by the State Board of Education shall be evidenced by the school district's obligations that shall be designated and known as “revolving loan certificates of indebtedness”.
    2. Each such loan whose date of final principal and interest maturity extends beyond the ten-year period shall be evidenced by the school district's obligations, which shall be designated and known as “revolving loan bonds”.
    1. Revolving loan bonds and revolving loan certificates of indebtedness shall be in such form and denomination, shall have such dates and maturities, shall bear interest payable at such times, and at such rates, shall be payable at such place or places, shall contain such provisions as to registration of ownership, if in its opinion registration is desirable, and shall contain such provisions as to redemption before maturity at such prices, including such premiums, all as the state board shall determine.
    2. The bonds and certificates shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to the provisions as to registration of ownership set forth above.
    1. The state board shall continually endeavor to keep the interest rates on revolving loan bonds and revolving loan certificates of indebtedness as low as possible, consistent with the continued and assured funding of the revolving loan program.
    2. To this end, the state board will obtain and consider relevant information regarding economic conditions and interest rates on comparable obligations and shall fix and alter interest rates of revolving loan bonds and revolving loan certificates of indebtedness as feasible and appropriate.

History. Acts 1953, No. 384, § 6; 1967, No. 480, § 1; 1979, No. 541, § 1; 1981, No. 549, § 1; 1983, No. 880, § 2; A.S.A. 1947, § 80-946; Acts 1995, No. 913, § 2; 2001, No. 1220, § 13; 2003, No. 210, § 1; 2015, No. 846, § 17.

Amendments. The 2015 amendment deleted “but not to exceed the maximum lawful rate as defined below” following “and at such rates” in (b)(1); deleted former (c); and redesignated former (d) as (c).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

6-20-807. Pledge to secure payment of obligation.

  1. For the purpose of fully securing revolving loan bonds or revolving loan certificates of indebtedness, the issuing school district may pledge any one (1) or more of the following, as shall be determined by the State Board of Education, as a condition precedent to the making of any such loans:
    1. The proceeds of taxes to be collected from a continuing ad valorem tax levy on all of the taxable real and personal property within the bounds of the school district, such levy having been proposed by the board of directors of the issuing school district and approved by a majority of the qualified electors of the school district voting on the proposition at an election called and held according to law;
    2. The per capita apportionment, or any part thereof, allocable to the school district from the Public School Fund;
    3. Any other moneys allocable to the school district by the State of Arkansas, the use of which is not otherwise specifically provided by law;
    4. Any surplus revenues arising each year from taxes voted to meet annual debt service requirements of any other issues of the school district's obligations; and
    5. Any other revenues or resources of the school district that may be legally pledged to secure obligations of the school district.
  2. In the event the proceeds of any such loan are to be used for the retirement of any of its legally issued and outstanding commercial bonds, the school district may, in lieu of the pledge requirements provided in subsection (a) of this section and subject to the approval of the state board, secure the payment of any such loan by the deposit with the state board of all commercial bonds so purchased.
  3. In all instances, the pledge to secure the payment of the revolving loan bonds or revolving loan certificates of indebtedness, both principal and interest, shall be contained in a resolution adopted by the board of directors of the school district.

History. Acts 1953, No. 384, § 7; 1973, No. 59, § 6; A.S.A. 1947, § 80-947.

6-20-808. Pledge of ad valorem tax levy — Duty of county officers.

    1. In each instance in which a loan from the Revolving Loan Fund is to be secured in whole or in part from the proceeds of taxes to be collected from a continuing ad valorem tax levy to be approved by a majority of the qualified electors of the district voting on the proposition at an election, the form of ballot, and all such other things and matters required to be done and passed upon, shall be the same in all respects as though commercial bonds were to be issued.
    2. Each such ballot shall reflect:
      1. The total amount of funds which the school district proposes to borrow, and the purposes for which the proposed loan is to be used; and
      2. The number of mills on each dollar of the assessed valuation of taxable property within the bounds of the school district to be levied annually to meet the debt service requirements of the obligations.
    1. Whenever at any such election the electors approve the annual levy of taxes for the purposes aforesaid, it shall be the duty of the clerk of the county court of the county in which the school district is located to present the proposition each year to the levying court of the county on the first day when it is in session for the levy of taxes, and it shall be the duty of the levying court to levy the rate as so presented by the county clerk.
    2. In the event that the county clerk shall fail to present the proposition to the levying court or in the event that the levying court shall fail to take affirmative action in respect to the making of such levy, it shall, nevertheless, be the duty of the official required by law to make the extension of taxes on the tax rolls to extend the taxes at the rate so approved by the electors on all taxable real and personal property within the bounds of the school district.
  1. All taxes collected under the levy shall be, by the county treasurer or school district treasurer, set aside and apart from all other funds of the school district for use only for the purpose of meeting the annual debt service requirements of the obligations secured by the pledge of such ad valorem tax levy, provided that any surplus accruing annually from the collection of taxes under any such levy may be, by resolution adopted by the board of directors of the school district, transferred by the county treasurer or school district treasurer to the school district's general operating fund.

History. Acts 1953, No. 384, § 8; A.S.A. 1947, § 80-948; Acts 1995, No. 233, § 15.

6-20-809. Loans secured by district sources other than ad valorem tax levy.

  1. In each instance in which a loan from the Revolving Loan Fund is to be secured in whole by funds derived from sources other than from a specifically voted continuing ad valorem tax levy on the taxable real and personal property within the bounds of the school district, the board of directors of the school district, acting through its chair or president, and secretary, shall cause to be published by one (1) insertion in a newspaper having a general circulation within the school district a notice of its intention to borrow funds, setting forth therein the amount of funds that it proposes to borrow, the purposes for which the funds are to be used, and the particular funds of the school district that it proposes to pledge to secure the payment of the loan.
  2. In no such instance may a loan be made from the Revolving Loan Fund without the approval of a majority of the qualified electors voting on the proposition at a legally held school election whenever, on or before the fourteenth day next following the publication of any such notice as aforesaid, petitions objecting to such proposed loan containing the signatures of not less than twenty percent (20%) of the qualified electors residing within the school district shall be filed with, and certified as sufficient by, the clerk of the county court of the county in which the school district is located.
  3. In the event, however, that no such petitions shall be filed within the fourteen-day period, or in the event any such petitions that may be filed within the period shall fail to contain the requisite number of valid signatures as certified by the county court clerk, the school district board of directors shall proceed with the making of the loan.

History. Acts 1953, No. 384, § 9; A.S.A. 1947, § 80-949.

6-20-810. Certificate of approval — Instrument negotiable.

  1. Whenever all of the conditions required by this law have been met, the Commissioner of Education shall execute a certificate on each revolving loan bond or revolving loan certificate of indebtedness to the effect that the bond or certificate, and the issue of which it is a part, has been approved by the State Board of Education.
  2. Thereafter, each such revolving loan bond or revolving loan certificate of indebtedness shall be a negotiable instrument.

History. Acts 1953, No. 384, § 10; 1959, No. 64, § 1; A.S.A. 1947, § 80-950.

Meaning of “this law.” Acts 1953, No. 384, codified as §§ 6-20-801, 6-20-802, 6-20-8046-20-817, and 19-11-602.

6-20-811. Delivery of obligations — Drawing and receipt of warrant — Use of funds.

  1. All such obligations shall be delivered to the State Board of Education, and coincident therewith the Commissioner of Elementary and Secondary Education shall cause a state warrant to be drawn upon the Revolving Loan Fund or the Revolving Certificate Proceeds Account, payable to the treasurer of the issuing school district if the school district has a treasurer or to the county treasurer of the county in which the school district is located if the school district does not have a treasurer, in an amount equal to the principal amount of the revolving loan bonds or revolving loan certificates of indebtedness.
  2. Upon receipt of the state warrant, the school district treasurer or the county treasurer, as the case may be, shall deposit the proceeds thereof to the credit of the school district, and such funds shall thereafter be used by the school district only for the purposes for which the loan is granted.
  3. All revolving loan bonds or revolving loan certificates of indebtedness shall be negotiable instruments, as set forth in § 6-20-806, and any or all such obligations may be assigned and sold by the commissioner.
  4. Any sale pursuant to subsection (c) of this section shall be in the open market upon not fewer than four (4) invitations for bids and, in consummation of any such sale, the commissioner, or such other person as may be designated by the state board, may execute and deliver such assignments, notices, servicing agreements, and other agreements and writings as may be appropriate.
  5. The proceeds of any sale pursuant to this section shall be deposited into the Revolving Certificate Proceeds Account, subject to payment of the costs of sale and servicing of such revolving loan bonds or revolving loan certificates of indebtedness, as set forth in written instructions executed by the commissioner or such other person as may be designated by the state board.
  6. The state board shall have authority to adopt rules necessary to implement this section.

History. Acts 1953, No. 384, § 11; 1973, No. 59, § 7; 1979, No. 541, § 2; A.S.A. 1947, § 80-951; Acts 1991, No. 1185, § 1; 1993, No. 977, § 1; 2019, No. 315, § 283.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (f).

6-20-812. Interest and payments of principal deposited into State Treasury.

  1. Subject to the provisions of subsection (b) of this section, all interest received on securities held in the Revolving Loan Fund shall be deposited into the State Treasury and credited to the Permanent School Revolving Loan Fund.
  2. In the event of the sale of any school district obligations pursuant to § 6-20-811, all principal and interest payments on such school district obligations shall be regarded and treated as cash funds and shall not be deposited into the State Treasury, but shall be deposited into a bank or banks approved by the Commissioner of Education.

History. Acts 1953, No. 384, § 13; 1967, No. 480, § 2; A.S.A. 1947, § 80-953; Acts 1991, No. 1185, § 2.

6-20-813. Principal and interest charge against revenues of school district.

Principal and interest maturities of obligations issued under the provisions of this subchapter shall be a charge against the revenues of the school district for the fiscal year in which the maturities are respectively due.

History. Acts 1953, No. 384, § 14; A.S.A. 1947, § 80-954.

6-20-814. Default or threatened default.

  1. In the event of a default or threatened default in the payment of the principal of or interest on any revolving loan bonds or revolving loan certificates of indebtedness, the Commissioner of Elementary and Secondary Education is authorized and directed to withhold from the apportionment otherwise due any borrowing school district, moneys in amounts sufficient to obviate or avoid any default or threatened default.
  2. The Chief Fiscal Officer of the State shall prescribe the method of procedure to be followed in any such event to obviate or avoid any default or threatened default.
  3. Under such rules as shall be established by the Chief Fiscal Officer of the State, all maturities of principal and interest, as and when due, may be withheld from any such apportionments when mutually agreeable to the commissioner and the board of directors of the debtor school district.

History. Acts 1953, No. 384, § 15; 1973, No. 59, § 8; A.S.A. 1947, § 80-955; Acts 2019, No. 315, § 284.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (c).

6-20-815. Refunding obligations.

  1. In order that the Revolving Loan Program may be kept on a sound financial basis, school districts having heretofore issued revolving loan bonds or revolving loan certificates of indebtedness are authorized to issue refunding bonds, in the case of revolving loan bonds, and refunding certificates, in the case of revolving loan certificates of indebtedness, herein collectively referred to as refunding obligations.
  2. Refunding obligations may be issued pursuant to the prior approval of the State Board of Education and may bear a higher rate of interest than the bonds or certificates being refunded.
  3. The last maturity date of the refunding obligations must not be later than the last maturity date of the bonds or certificates being refunded.
  4. Refunding obligations shall enjoy the same security for their payment as was enjoyed by the bonds or certificates refunded thereby, including particularly and without limitation, any continuing annual debt service fund tax voted and pledged to their payment.
  5. Except as to particulars dealt with in this section, refunding obligations shall be governed, insofar as their authorization and security are concerned, by the provisions of this subchapter.

History. Acts 1953, No. 384, § 16, as added by Acts 1967, No. 480, § 3; A.S.A. 1947, § 80-957; Acts 2011, No. 989, § 63.

Amendments. The 2011 amendment substituted “debt service” for “building” in (d).

6-20-816. Fees prohibited.

  1. No fees of any nature, fiscal agent's, legal, or otherwise, shall be paid either directly or indirectly for any service performed with respect to any loan made under the provisions of this subchapter.
  2. Any person who shall give or receive any such fee, or any person who shall use or cause to be used the proceeds of any such loan for any school purpose other than that for which it is made, shall be guilty of a Class B misdemeanor.

History. Acts 1953, No. 384, § 12; A.S.A. 1947, § 80-952; Acts 2005, No. 1994, § 385.

6-20-817. Prior loans validated.

All outstanding loans evidenced by revolving loan bonds and certificates of indebtedness made under the provisions of the laws or parts of laws repealed by this subchapter are validated, ratified, and confirmed; such evidences of debt are, respectively, found and declared to be the valid and subsisting obligations of the makers in accordance with the terms thereof, and the pledges to secure the payment of such obligations shall continue to be pledged for such purpose.

History. Acts 1953, No. 384, § 17, as renumbered by Acts 1967, No. 480, § 3; A.S.A. 1947, § 80-956.

Publisher's Notes. Acts 1953, No. 384, § 17 repealed the following laws: Acts 1931, No. 169, §§ 103, 107, 108, 110-126; Acts 1937, No. 162, §§ 8-10; Acts 1939, No. 91; Acts 1943, No. 176, §§ 1-4; Acts 1943, No. 179, second, third, fourth, and fifth unnumbered paragraphs; Acts 1943, No. 276; Acts 1943, No. 201; Acts 1945, No. 303, second and third unnumbered paragraphs of § 3, § 4; and Acts 1947, No. 178, § 2.

6-20-818. Loans to education service cooperatives.

  1. Subject to the conditions and limitations of this section, any education service cooperative established under The Education Service Cooperative Act of 1985, § 6-13-1001 et seq., may borrow, and the State Board of Education may lend, moneys in the Revolving Loan Fund.
  2. The maximum amount of money an education service cooperative may owe the Revolving Loan Fund at any one time is that equal to a six-month's basic grant for the fiscal year in which a loan is sought.
    1. The board of directors of any education service cooperative desiring to borrow money from the Revolving Loan Fund, acting through its executive director, shall file a formal application with the state board.
    2. The application shall contain the following information:
      1. The name and location of the education service cooperative;
      2. The date and place of the meeting of the board of directors at which action was taken authorizing the executive director to make formal application for a loan;
      3. The estimated amount that it proposes to borrow, together with supporting evidence upon which the estimate is based;
      4. The purpose for which the proceeds of the loan would be used;
      5. The security for the loan and the method and schedule for repayment; and
      6. Such additional information as may be required by the state board.
  3. After considering the merits of each application, the state board may, in its discretion:
    1. Approve the application for the full amount of the proposed loan;
    2. Approve the application for a loan of a lesser amount than the amount requested; or
    3. Disapprove the application.
    1. Each such loan, which is to be paid in full as to both principal and interest within or at the end of ten (10) years from the date of its approval by the state board, shall be evidenced by a certificate executed by the Commissioner of Education.
    2. Thereafter, each such certificate shall be a negotiable instrument.

History. Acts 1995, No. 756, § 1; 2001, No. 1220, § 14; 2007, No. 617, § 14.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

Subchapter 9 — Revolving Loan Program — State Board of Education Certificates

Effective Dates. Acts 1967, No. 479, § 10: Apr. 4, 1967. Emergency clause provided: “It is hereby declared that the Revolving Loan Program of the State of Arkansas is essential to the welfare of many school districts in this State; that the authority conferred by this act is necessary for the effective operation of the Revolving Loan Program; and that the money is immediately needed for the proper operation and continuation of the Revolving Loan Program and can be obtained only by the issuance of the Certificates authorized in this act. It is, therefore, declared that an emergency exists and this act being necessary for the immediate preservation of the public peace, health and safety shall take effect and be in force from and after its passage and approval.”

6-20-901. Construction and implementation of subchapter.

  1. This subchapter shall be construed liberally.
  2. In this regard, it is determined and declared that this subchapter is the sole authority necessary for the performance of the acts authorized including, without limitation, the issuance of the certificates.
  3. There is conferred upon the State Board of Education and upon the Board of Trustees of the Arkansas Teacher Retirement System the authority to take all action and do or cause to be done such things as shall be necessary or desirable to accomplish and implement the purposes and intent of this subchapter according to the import hereof.

History. Acts 1967, No. 479, § 8; A.S.A. 1947, § 80-965.

6-20-902. Certificates generally.

  1. In order to obtain funds needed for the proper operation of its Revolving Loan Program, the State Board of Education is authorized to issue from time to time certificates of indebtedness.
  2. The aggregate principal amount of all certificates outstanding at one time may not exceed five million dollars ($5,000,000).
  3. The certificates may be in such form and denominations, may have such date, may mature at such time, may bear interest payable at such times and at such rates, may be payable at such place or places, may be subject to such terms of redemption before maturity at such prices, and may contain such other terms and provisions as the state board shall determine.
  4. The certificates shall be negotiable instruments under the laws of the State of Arkansas.

History. Acts 1967, No. 479, § 1; A.S.A. 1947, § 80-958.

6-20-903. Execution and validity of certificates.

  1. The certificates shall be executed by the manual signatures of the Chair of the State Board of Education and the Secretary of the State Board of Education.
  2. In case any of the officers whose signatures appear on the certificates shall cease to be that officer before the delivery of the certificates, his or her signature shall nevertheless be valid and sufficient for all purposes.

History. Acts 1967, No. 479, § 2; A.S.A. 1947, § 80-959.

6-20-904. Obligations — Security — Payment.

  1. The certificates shall be obligations of the State Board of Education only, secured by a pledge of the collateral and payable from the proceeds realized from the collateral, as specified in § 6-20-905.
  2. The certificates shall not be obligations of the State of Arkansas and shall not be secured by a pledge of any revenues belonging to the State of Arkansas.
  3. It shall be stated on the face of each certificate that it has been issued under this subchapter.

History. Acts 1967, No. 479, § 4; A.S.A. 1947, § 80-961.

6-20-905. Collateral.

  1. The State Board of Education shall purchase out of the Revolving Certificate Proceeds Account and shall set aside as collateral revolving loan bonds of school districts that bear the same or greater rates of interest and, in the aggregate, equal the principal amount of the certificates with the end in view of ensuring the availability at all times of collateral that will produce sufficient funds to meet interest and principal payments on the certificates as they become due.
  2. The collateral shall either be delivered to the holder of the certificate to which applicable or held as a separate fund for the benefit of the holder.
  3. The collateral must mature at such times as will permit the principal of the certificates to be paid as it becomes due.
  4. The interest and principal payments received on the collateral shall be applied to the payment of the interest on and principal of the certificate to which it is pledged.
  5. The delivery or setting aside of the collateral as provided in this subchapter shall constitute a valid and perfected pledge thereof without more, notwithstanding the provisions of any other law pertaining to pledges and their perfecting which, but for the provisions hereof, would be applicable.

History. Acts 1967, No. 479, § 5; A.S.A. 1947, § 80-962.

6-20-906. Authority to purchase certificates.

  1. The Board of Trustees of the Arkansas Teacher Retirement System, hereinafter called Teacher Retirement Board, is authorized to purchase certificates issued under this subchapter.
  2. Payment may be effected in the State Treasury by charging the Teacher Retirement Fund with the purchase price and crediting the Revolving Loan Fund of the State Board of Education.
  3. Any certificate so purchased by the Teacher Retirement Board shall be delivered to the custodian of the Arkansas Teacher Retirement System.

History. Acts 1967, No. 479, § 6; A.S.A. 1947, § 80-963.

6-20-907. Revolving Certificate Proceeds Account.

  1. The State Board of Education must receive no less than par and accrued interest for the certificates, which are called “proceeds”.
  2. The proceeds shall not be deposited into the Revolving Loan Fund and the certificates shall not be considered obligations owned by the state board for purposes of Acts 1963, No. 443 and the obligations of the state board thereunder.
  3. The state board shall deposit the proceeds into a special fund designated “State Board Certificate Revolving Loan Account”, herein sometimes called “Revolving Certificate Proceeds Account”.
  4. Any moneys in the Revolving Certificate Proceeds Account not immediately required for the Revolving Loan Program may be invested, pursuant to the direction of the Commissioner of Education, in direct obligations of the United States, and all earnings on investments shall remain in and be part of the Revolving Certificate Proceeds Account.

History. Acts 1967, No. 479, § 3; A.S.A. 1947, § 80-960.

Publisher's Notes. Acts 1963, No. 443, referred to in this section, was a special act concerning the State Board of Education's purchase of the State Highway Building from the State Highway Commission.

6-20-908. Tax exemptions — Exception.

The principal of and interest on certificates issued under the authority of this subchapter shall be exempt from all state, county, and municipal taxes; this exemption shall include income, inheritance, and estate taxes.

History. Acts 1967, No. 479, § 7; A.S.A. 1947, § 80-964.

A.C.R.C. Notes. Language excluding property taxes from the exemption provided by this section was deleted pursuant to Arkansas Constitution, Amendment 57, § 1, and § 26-3-302. Arkansas Constitution, Amendment 57, § 1, provides that the General Assembly may classify intangible personal property for assessment at lower percentages of value than other property and may exempt one or more classes of intangible personal property from taxation, or may provide for the taxation of intangible personal property on a basis other than ad valorem. Section 26-3-302 exempts all intangible personal property in this state from all ad valorem tax levies of counties, cities, and school districts in the state as of January 1, 1976.

Subchapter 10 — Revolving Loan Program — Alternative State Financing

Effective Dates. Acts 1973, No. 59, § 17: Feb. 6, 1973. Emergency clause provided: “It has been found and it is hereby declared by the General Assembly that the existing authority for the financing of the revolving loan program administered by the Board is inadequate and costly in that additional funds could be obtained at less cost if the Board were enabled to borrow from customary sources on a competitive bid basis. Therefore an emergency is declared to exist and this Act, being immediately necessary for the preservation of the public peace, health and safety, shall be in full force and effect upon its passage and approval.”

Acts 1973, No. 886, § 2: Apr. 18, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly that the issuance of Revolving Loan Bonds and/or Revolving Loan Certificates of Indebtedness are essential to the operation of the public schools in this State, and that the immediate passage of this Act is necessary to enable the State Treasurer to purchase said Revolving Loan Bonds and/or Certificates of Indebtedness whenever the State Board of Education, or the Director of the Department of Education, acting on the authority of the State Board of Education, shall determine that the purchase thereof by the State Treasurer is necessary in order to provide said Loan funds to school districts. Therefore an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1979, No. 541, § 9: Mar. 23, 1979. Emergency clause provided: “It has been found and it is hereby declared that the Revolving Loan Program of the State Board of Education can no longer be financed, due to the legal inability of participating school districts to pay interest at rates which would permit the Board to issue its bonds at interest rates acceptable to the market and that school districts are presently in need of the funds customarily provided under the Revolving Loan Program. Therefore, an emergency is declared to exist and this Act, being necessary for the preservation of the public peace, health and safety, shall be in force upon its passage and approval.”

Acts 1980 (1st Ex. Sess.), No. 56, § 3: Jan. 31, 1980. Emergency clause provided: “It is hereby found and determined that the sale of bonds to finance public school construction is not feasible under the existing statutory maximum interest limitations on the sale of school district bonds and State Board of Education Bonds; that construction of school facilities is essential to the efficient operation of the public school system of the state; and the immediate effectiveness of this Act is necessary to enable school districts to sell bonds to finance needed school construction. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health and safety, shall be in effect from and after its passage and approval.”

Acts 1983, No. 880, § 6: Mar. 28, 1983. Emergency clause provided: “It is hereby found and determined that school districts and the State Board of Education are presently unable to finance essential facilities for public education within the present maximum interest rate limitations on debt obligations issued by the Board and school districts. An emergency is declared to exist and this Act, being immediately necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

6-20-1001. [Repealed.]

Publisher's Notes. This section, concerning definition of maximum lawful rate of interest, was repealed by Acts 2015, No. 846, § 18. The section was derived from Acts 1973, No. 59, § 2; 1983, No. 880, § 3; A.S.A. 1947, § 80-967; Acts 2003, No. 210, § 2.

6-20-1002. Construction.

  1. This subchapter shall be construed liberally. The enumeration of any object, purpose, power, manner, method, and thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, and things.
  2. The provisions of this subchapter are supplemental and shall not be construed to affect in any way the authority of the State Board of Education to issue certificates of indebtedness under the provisions of § 6-20-901 et seq. The certificates are also known as the “state board certificates”.

History. Acts 1973, No. 59, §§ 3, 14; 1979, No. 541, § 4; A.S.A. 1947, §§ 80-968, 80-976.

6-20-1003. Authority to engage and pay for professional help.

The State Board of Education is authorized to engage and pay professional, technical, and other help it shall determine to be necessary or desirable in assisting it to carry out effectively the authorities, functions, powers, and duties conferred and imposed upon it by this subchapter.

History. Acts 1973, No. 59, § 11; A.S.A. 1947, § 80-973.

6-20-1004. Authority to issue bonds.

The State Board of Education is authorized to issue bonds from time to time, as described hereinafter, and to use the proceeds thereof, together with other available funds, for the purpose of financing the operation of the Revolving Loan Program, as administered by the state board pursuant to § 6-20-801 et seq. or any similar law, as set forth herein, paying expenses incidental to the sale and issuance of the bonds, providing for necessary reserves to secure the bonds, and providing for payments of debt service on the bonds until revenues are available.

History. Acts 1973, No. 59, § 1; 1979, No. 541, § 3; A.S.A. 1947, § 80-966.

6-20-1005. Maximum amount of bonds.

The total principal amount of the bonds outstanding at any time shall not exceed fifteen million dollars ($15,000,000).

History. Acts 1973, No. 59, § 3; 1979, No. 541, § 4; A.S.A. 1947, § 80-968.

6-20-1006. Authorizing resolution — Nature and contents of bonds.

  1. The bonds shall be authorized by resolution of the State Board of Education.
  2. The bonds may be coupon bonds, payable to bearer, or may be registered as to principal only or as to principal and interest, and may be made exchangeable for bonds of another denomination, may be in such form and denomination, may have such date or dates, may be stated to mature at such time or times, may bear interest payable at such times and at such rate or rates, may be made payable at such places within or without the State of Arkansas, may be made subject to such terms of redemption in advance of maturity at such prices, and may contain such terms and conditions, all as the state board shall determine.
  3. The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration, as set forth in subsection (b) of this section.
  4. The authorizing resolution may provide for the execution by the state board of a trust indenture with a bank or trust company within or without the State of Arkansas.
  5. The authorizing resolution or the indenture may contain any other terms, covenants, and conditions that are deemed desirable by the state board, including, without limitation, those pertaining to:
    1. The maintenance of various funds and reserves, the nature and extent of the security, the issuance of additional bonds, and the nature of the security and pledge, as set forth in § 6-20-1011, in that event;
    2. The custody and application of the proceeds of the bonds;
    3. The collection and disposition of revenues;
    4. The investing and reinvesting, in securities specified by the state board, of any moneys during the periods not needed for authorized purposes; and
    5. The rights, duties, and obligations of the state board and of the holders and registered owners of the bonds.

History. Acts 1973, No. 59, § 2; 1980 (1st Ex. Sess.), No. 56, § 2; 1983, No. 880, § 3; A.S.A. 1947, § 80-967; Acts 2015, No. 846, § 19.

Amendments. The 2015 amendment deleted “not exceeding the maximum lawful rate, as defined in § 6-20-1001” following “rate or rates” in (b).

6-20-1007. Issuance and designation of bonds.

The bonds may be issued at one (1) time or from time to time, and each bond shall bear the designation “Arkansas State Board of Education Consolidated Revolving Loan Bond” and an appropriate designation of the issue or series of which it is a part.

History. Acts 1973, No. 59, § 3; A.S.A. 1947, § 80-968.

6-20-1008. Sale and award of bonds.

  1. The bonds shall be sold at public sale on sealed bids.
    1. Notice of the sale shall be published one (1) time a week for at least two (2) consecutive weeks in a newspaper published in the City of Little Rock and having a general circulation throughout the State of Arkansas, with the first publication to be at least twenty (20) days before the date of sale.
    2. The notice may be published in such other publications as the State Board of Education may determine.
  2. The bonds may be sold at such price as the state board may accept, including sale at a discount.
  3. The award, if made, shall be to the bidder whose bid results in the lowest net interest cost, which shall be determined by computing the aggregate interest cost from date to maturity at the rate or rates bid and deducting the amount of any premium or adding the amount of any discount.

History. Acts 1973, No. 59, § 2; 1980 (1st Ex. Sess.), No. 56, § 2; 1983, No. 880, § 3; A.S.A. 1947, § 80-967; Acts 2015, No. 846, § 20.

Amendments. The 2015 amendment deleted “but in no event shall any bid be accepted that would require the state board to pay interest on the amount received at a rate in excess of the maximum lawful rate” at the end of (c).

6-20-1009. Execution of bonds — Signatures.

  1. The bonds shall be executed by the Chair of the State Board of Education and the Secretary of the State Board of Education.
  2. The coupons attached to the bonds shall be executed by the facsimile signature of the chair of the state board.
  3. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of those bonds or coupons, their signatures shall, nevertheless, be valid and sufficient for all purposes.

History. Acts 1973, No. 59, § 2; 1983, No. 880, § 3; A.S.A. 1947, § 80-967.

6-20-1010. Deposit of proceeds.

  1. The proceeds of the sale of the bonds of any issue or series shall be deposited into the State Board Certificate Revolving Loan Account created pursuant to § 6-20-907.
  2. The proceeds shall not be deposited into the Revolving Loan Fund, and none of the pledged obligations identified in § 6-20-1011 shall be held by the Treasurer of State or be considered to have been purchased or to be owned by the State Board of Education for any purpose of Acts 1963, No. 443, as amended.

History. Acts 1973, No. 59, § 3; 1979, No. 541, § 4; A.S.A. 1947, § 80-968.

Publisher's Notes. Acts 1963, No. 443, referred to in this section, was a special act concerning the State Board of Education's purchase of the State Highway Building from the State Highway Commission.

6-20-1011. Obligations.

    1. The bonds shall be special obligations of the State Board of Education only, secured as provided herein.
    2. It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter, that in no event does it constitute an indebtedness for which the faith and credit of the State of Arkansas or any of its revenues are pledged, and that it is not secured by a mortgage or lien on any land or buildings belonging to the State of Arkansas or the state board.
    3. No member of the state board shall be personally liable on any bond or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purposes and intent of this subchapter unless the member shall have acted with a corrupt intent.
    4. The principal of, interest on, and trustee's and paying agent's fees in connection with the bonds shall be secured by a pledge of and shall be payable from the pledged revenues and the pledged obligations as defined in subsection (c) of this section.
  1. The bonds shall be secured by a pledge of and shall be payable from the payments of principal of and interest on revolving loan certificates of indebtedness or revolving loan bonds of Arkansas school districts acquired by the state board pursuant to § 6-20-801 et seq. or any similar law hereafter enacted, designated by the state board, as set forth in this section.
      1. Each authorizing resolution or indenture shall designate the particular school district revolving loan bonds or revolving loan certificates of indebtedness, also called the pledged obligations, the payments of the principal of and interest on which are to be pledged to payment of the particular issue or series of bonds involved.
      2. Such payments are herein referred to as pledged revenues.
    1. Any authorizing resolution or indenture may provide for the release, exchange, and substitution of pledged obligations and for the release of pledged revenues upon terms and conditions set forth therein and may provide for the issuance of additional bonds secured by a pledge or pledges inferior to or on a parity with the pledge or pledges securing the bonds authorized or secured thereby, upon terms and conditions set forth therein.
  2. Each authorizing resolution or indenture shall provide that the pledged obligations shall be delivered to and held by the trustee, as custodian, or shall be held by the state board in such a way as to be segregated from all other assets of the state board, the details in this regard to be set forth in the authorizing resolution or indenture.
  3. The pledged revenues shall be used solely for payment of the principal of, interest on, and trustee's and paying agent's fees in connection with the bonds, but the authorizing resolution or indenture may provide for release of the pledged revenues as set forth in this section.
  4. The pledged revenues are declared to be cash funds, restricted in their use and dedicated and to be used as provided herein. So long as any of the bonds are outstanding, the pledged revenues shall not be deposited into the State Treasury but shall be deposited, as and when received, into a bank or banks selected by the state board from time to time.
  5. Upon payment or discharge of all bonds of any issue or series outstanding to the payment of which any pledged revenues are pledged, the pledged revenues shall, without further action by the state board, be released from the pledge securing such bonds and shall be deposited into the State Board Certificate Revolving Loan Account or shall be otherwise applied to the financing of the Revolving Loan Program.

History. Acts 1973, No. 59, § 4; 1979, No. 541, § 5; A.S.A. 1947, § 80-969.

6-20-1012. Validation of bonds and certificates.

  1. All outstanding revolving loan bonds and revolving loan certificates of indebtedness issued by school districts and acquired by the State Board of Education pursuant to § 6-20-801 et seq. are found and declared to be valid and to evidence obligations of the school districts by which they are issued, according to their terms, and are validated, ratified, and confirmed.
    1. There shall be delivered to the state board, in connection with the acquisition of all revolving loan bonds and certificates of indebtedness, a copy of the resolution of the board of directors of the issuing school district authorizing such obligations, together with a certificate, executed by the president and secretary of the board of directors of the issuing school district, certifying that the action necessary for the valid authorization and issuance of such obligations has been taken, setting forth a description of such action, and, in the case of such obligations secured in whole or in part by a pledge of collections of an ad valorem tax, accompanied by a certificate executed by the county clerk or county clerks of the county or counties in which the issuing school district is located certifying that such tax has been or will be extended for collection and setting out the year in which such collection commenced or will commence.
    2. Upon the delivery to the state board of such resolution and certificate, such obligations covered thereby shall be conclusively deemed to be valid, and the validity of such obligations shall not thereafter be subject to challenge on any ground.
    3. The state board may prescribe the form of the resolution and certificate provided for in this subsection (b).

History. Acts 1973, No. 59, § 5; A.S.A. 1947, § 80-970; Acts 1993, No. 502, § 1.

6-20-1013. Tax exemptions.

Bonds issued under the provisions of this subchapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes, and the exemption shall include income, inheritance, and estate taxes.

History. Acts 1973, No. 59, § 9; A.S.A. 1947, § 80-971.

A.C.R.C. Notes. Language excluding property taxes from the exemption provided by this section was deleted pursuant to Arkansas Constitution, Amendment 57, § 1, and § 26-3-302. Arkansas Constitution, Amendment 57, § 1, provides that the General Assembly may classify intangible personal property for assessment at lower percentages of value than other property and may exempt one or more classes of intangible personal property from taxation, or may provide for the taxation of intangible personal property on a basis other than ad valorem. Section 26-3-302 exempts all intangible personal property in this state from all ad valorem tax levies of counties, cities, and school districts in the state as of January 1, 1976.

6-20-1014. Investment of retirement system funds.

The board of trustees of any retirement system now existing or hereafter created by the General Assembly may, in its discretion, invest its funds in bonds issued under this subchapter.

History. Acts 1973, No. 59, § 10; A.S.A. 1947, § 80-972.

6-20-1015. Refunding bonds.

  1. Bonds may be issued for the purpose of refunding any bonds issued under this subchapter and for the refunding of any state board certificates issued by the State Board of Education.
  2. Refunding bonds may either be sold or delivered in exchange for the bonds being refunded.
  3. If sold, the proceeds may be either applied to the payment of the bonds being refunded or deposited in trust and there maintained in cash or investments for the retirement of the bonds being refunded, as shall be specified by the state board in the resolution or indenture securing the refunding bonds.
  4. The resolution or indenture securing the refunding bonds may provide that the refunding bonds shall have the same priority of pledge as was enjoyed by the bonds refunded.
  5. Refunding bonds shall be sold and secured in accordance with the provisions of this subchapter pertaining to the sale and security of bonds.

History. Acts 1973, No. 59, § 12; A.S.A. 1947, § 80-974.

6-20-1016. Prohibition on creation of rights.

This subchapter shall not create any right, and no right shall arise under it, until the initial issue or series of bonds authorized by this subchapter shall have been sold and delivered by the State Board of Education.

History. Acts 1973, No. 59, § 13; A.S.A. 1947, § 80-975.

6-20-1017. Purchase of bonds and certificates by Treasurer of State.

  1. The Treasurer of State shall, upon written request of the Commissioner of Education, acting on authority of the State Board of Education, purchase from the state board, at par, plus any accrued interest, revolving loan bonds or revolving loan certificates of indebtedness of school districts in this state whenever the state board shall present them to the Treasurer of State for purchase.
  2. All revolving loan bonds or certificates of indebtedness acquired by the Treasurer of State shall be deposited into the Securities Account in the State Treasury. However, the Treasurer of State's aggregate holdings at any one (1) time of the revolving loan bonds or revolving loan certificates of indebtedness shall not exceed the sum of fifteen million dollars ($15,000,000).
  3. The moneys that the Treasurer of State may use in the purchase of any revolving loan bonds or revolving loan certificates of indebtedness shall be those funds available for investment under the provisions of the State Treasury Management Law, § 19-3-501 et seq.
  4. The interest received from investments by the Treasurer of State on revolving loan bonds or revolving loan certificates of indebtedness shall be credited to the Securities Reserve Fund to be used for the same purposes as other moneys deposited into said fund as provided by law.
  5. The Treasurer of State shall sell and redeliver any such revolving loan bonds or revolving loan certificates of indebtedness to the state board, upon request, at a price of par plus accrued interest to the date of such redelivery.

History. Acts 1973, No. 886, § 1; 1979, No. 541, § 6; 1981, No. 549, § 2; A.S.A. 1947, § 80-977; Acts 1987, No. 832, § 1; 1995, No. 1143, § 1.

Subchapter 11 — Revolving Loan Fund — Emergency Revolving Loan Fund Account

6-20-1101. [Repealed.]

Publisher's Notes. This section, concerning the scope of the subchapter, was repealed by Acts 2009, No. 376, § 40. The section was derived from Acts 1973, No. 218, § 6; A.S.A. 1947, § 80-983.

6-20-1102 — 6-20-1108. [Repealed.]

Publisher's Notes. These sections, concerning the Revolving Loan Fund, were repealed by Acts 1989, No. 784, § 4. The sections were derived from the following sources:

6-20-1102. Acts 1973, No. 218, § 1; A.S.A. 1947, § 80-978.

6-20-1103. Acts 1973, No. 218, § 4; A.S.A. 1947, § 80-981.

6-20-1104. Acts 1973, No. 218, § 2; A.S.A. 1947, § 80-979.

6-20-1105. Acts 1973, No. 218, § 5; A.S.A. 1947, § 80-982.

6-20-1106. Acts 1973, No. 218, § 3; A.S.A. 1947, § 80-980.

6-20-1107. Acts 1973, No. 218, § 6; A.S.A. 1947, § 80-983.

6-20-1108. Acts 1973, No. 218, § 7; A.S.A. 1947, § 80-984.

Subchapter 12 — District Bonds

Preambles. Acts 1935, No. 336 contained a preamble which read:

“Whereas, many school districts of Arkansas find it absolutely necessary to secure immediate relief from present heavy annual requirements for payment of principal and interest of outstanding bonded indebtedness, in order to have sufficient revenue available for current operation and maintenance; and

“Whereas, the statutes of Arkansas now provide a method of submitting school bond refunding proposals to a vote of the electors of the respective districts … .”

Acts 1939, No. 341 contained a preamble which read: “Whereas, many school districts of Arkansas have either paid in full or refunded old bond issues which were secured by deeds of trust naming nonresident trustees, some of whom were banks and trust companies that have since been dissolved and are no longer engaged in business, but the liens of said trust deeds are still unsatisfied and hamper the school district in the disposition or use of its property and especially in the sale or conveyance of any property that has been abandoned for school purposes … .”

Acts 1943, No. 151 contained a preamble which read:

“Whereas, school districts in Arkansas, desiring to avail themselves of the beneficial purposes of the federal statutes authorizing the composition of indebtedness of taxing agencies, find that they are not able to reach an agreement with the holders of their outstanding bonds upon the basis of the cash loan value of such bonds, but must make provision for the payment of part of the accrued and past due interest on such bonds;

“Now, therefore … .”

Acts 1947, No. 84 contained a preamble which read:

“Whereas, the limitation on bonded indebtedness to seven percent of the assessed valuation set up by section 11493 of Pope's Digest of the Statutes of Arkansas was fixed by Act 169 of 1931 at a time when the school districts of Arkansas were in difficult financial circumstances, and many of them were in default, so that the prevailing rate of interest was from five to six per centum per annum, and interest charges were a very burdensome part of any school debt; and

“Whereas, due to excellent financial management and wise and careful State supervision, the school districts of Arkansas have overcome the unfavorable standing of 1931 and now enjoy a high credit rating and are able to borrow money at low interest rates, so that the interest burden of a present-day loan is much less than the interest burden of the same principal amount in 1931; and

“Whereas, because of the large increase in the cost of construction and equipment, it will be necessary to grant the school districts of the State a greater borrowing power for buildings and equipment;

“Now, therefore … .”

Acts 1951, No. 388 contained a preamble which read:

“Whereas, certain school districts in the State of Arkansas now have outstanding bond issues which bond issues require payment of interest and principal prior to the date said districts will receive funds from the County Treasurer accruing under the levy made by the districts for the payment of principal and interest on the bonds, and

“Whereas, certain districts are being required to perpetually execute short term loans to prevent default in bond payments and interest,

“Now, therefore … .”

Effective Dates. Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1935, No. 63, § 5: approved Feb. 20, 1935. Emergency clause provided: “It is found as a fact that many school districts in the State are closed, or are in danger of being closed because of financial difficulties and pressing indebtedness and there is immediate need for relief to said school districts by enabling them to refund outstanding bonds and prevent the closing of their schools; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1935, No. 336, § 2: became law without Governor's signature on Apr. 4, 1935. Emergency clause provided: “It is found as a fact that many school districts in the State are closed, or are in danger of being closed because of financial difficulties, and there is immediate need for relief to said school districts by enabling them to refund outstanding bond issues in order to have money for present maintenance and operating expenses, and thus prevent the closing of their schools by suits on defaulted bond issues; therefore it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1939, No. 326, § 4: approved Mar. 15, 1939. Emergency clause provided: “The passage of this act being necessary in order to permit the proper use of school funds of this state and to permit the operation of the schools of this state and the foregoing needs being so urgent as to be necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist and this act shall take effect and be in force from and after its passage.”

Acts 1939, No. 341, § 4: approved March 16, 1939. Effective date clause provided: “This act shall be in force from and after its passage.”

Acts 1941, No. 95, § 5: approved Feb. 26, 1941. Emergency clause provided: “It is hereby ascertained and declared that, because of the unusually low interest rates at which school bonds can now be refunded and the savings that many school districts can make will enable them to hold full term schools, to make better provision to care for the urgent needs of the health and safety of their students, an emergency exists and this act is necessary for the preservation of the public peace, health and safety and shall take effect and be in force from and after its passage.”

Acts 1943, No. 151, § 2: Mar. 4, 1943. Emergency clause provided: “Because many school districts of the State have been so badly handicapped by indebtedness that their efficiency has been impaired and they have an opportunity at this time to avail themselves of federal statutes passed for their relief, which opportunity may not continue, an emergency is ascertained and declared and this act, being necessary for the preservation of the public peace, health and safety, shall become effective without delay upon its passage and approval.”

Acts 1947, No. 84, § 4: Feb. 18, 1947. Emergency clause provided: “It is hereby ascertained and declared that, because of the serious shortage in schoolhouses and school equipment, there is great danger that many of the school districts in the State will be forced to suspend operation and children of the State will be deprived of the opportunity for education; that an emergency exists and this act, being necessary for the preservation of the public peace, health and safety, shall become effective upon and after its passage and approval.”

Acts 1949, No. 161, § 4: approved Feb. 24, 1949. Emergency clause provided: “Because of the urgent demand for new buildings and adequate equipment to service the school needs of the state, and because of the dangerous state of repair of some school buildings, it is hereby ascertained and declared that an emergency exists, and this Act, being necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage.”

Acts 1951, No. 388, § 2: Mar. 20, 1951. Emergency clause provided: “Whereas, certain school districts are having to perpetually execute short term loans which loans involve the payment of double interest, and funds are available in the hands of the treasurer belonging to the district which may be used to prevent the perpetuation of short term loans a saving may be effected by the districts under the provisions of this act and in order to more effectively preserve the public peace, health and general welfare an emergency is found to exist and the provisions of this act shall be in full force and effect from and after its passage and approval.”

Acts 1965, No. 43, § 4: Feb. 9, 1965. Emergency clause provided: “It is hereby found and declared that the Board of Directors of the various School Districts of this State may be able to effect substantial savings in total principal and interest payments by issuing refunding bonds authorized by this Act and that the authority conferred hereby should be available as soon as possible in order for said Boards of Directors to be in a position to take advantage of any favorable bond market conditions that may exist. Therefore, an emergency is declared to exist and this Act being essential for the preservation of the public health, safety and welfare shall take effect and be in force from and after its passage and approval.”

Acts 1970 (1st Ex. Sess.), No. 64, § 4: Mar. 13, 1970. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas that the financing of the public improvements to which this Act pertains is not feasible under existing maximum interest rate limitations, that the accomplishment of these public improvements is essential to the continued development of this State and the continued improvement of the economic conditions of her people, and that these public improvements can be accomplished only by the immediate effect of this Act. Therefore, an emergency is declared to exist and this Act, being necessary for the preservation of the public peace, health and safety, shall be in effect from and after its passage and approval.”

Acts 1975, No. 220, § 4: Feb. 18, 1975. Emergency clause provided: “It is hereby found and declared that the existing practice of granting mortgages on the property of a school district as security for its bonds is unnecessary to the marketability of the bonds and unduly and unnecessarily hampers the directors of school districts in the management, control and disposition of properties of the district. Therefore, an emergency is declared to exist and this Act, being necessary for the preservation of the public peace, health and safety, shall be effective upon its passage and approval.”

Acts 1975, No. 596, § 2: Mar. 28, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that a number of school districts in this State in which are situated substantial acreages of National Forest Lands are encountering difficulty in obtaining funds to construct needed classroom buildings and to make other improvements essential to the operation of the schools, and that the immediate passage of this Act is necessary in order to enable school districts to incur additional bonded indebtedness within limitations established herein, upon approval of the State Board of Education at the March, 1975 general election; and, that the immediate passage of this Act is necessary to accomplish said purposes. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1975 (Extended Sess., 1976), No. 1233, § 4: Feb. 16, 1976. Emergency clause provided: “It is hereby found and declared that the various School Districts of this State may be able to effect substantial savings in total principal and interest payments by issuing refunding bonds authorized by this Act and that the authority conferred hereby should be available as soon as possible. Therefore, an emergency is declared to exist and this Act being essential for the preservation of the public peace, health and safety shall take effect and be in force from and after its passage and approval.”

Acts 1979, No. 460, § 3: Mar. 21, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present limitation on the bonded indebtedness of school districts is creating a serious hardship on some districts in the State; that it is essential to an effective and efficient public school system in some districts that the State Board of Education be permitted to allow districts, in hardship cases, to increase maximum indebtedness to twenty percent (20%) of the assessed value of property in the district; that this Act is designed to enable the Board to permit such increase and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1980 (1st Ex. Sess.), No. 56, § 3: Jan. 31, 1980. Emergency clause provided: “It is hereby found and determined that the sale of bonds to finance public school construction is not feasible under the existing statutory maximum interest limitations on the sale of school district bonds and State Board of Education Bonds; that construction of school facilities is essential to the efficient operation of the public school system of the state; and the immediate effectiveness of this Act is necessary to enable school districts to sell bonds to finance needed school construction. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health and safety, shall be in effect from and after its passage and approval.”

Acts 1981, No. 661, § 3: Mar. 23, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the existing bonded indebtedness limit on school districts is too low, and that the limitation is in need of immediate increase, and that this Act so provides. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 812, § 2: Mar. 28, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that nationwide increases in interest rates are making it difficult for many school districts in this State to issue bonds necessary to provide the funds required for construction, repair and improvement of public school facilities within the limitation now imposed by statute on school bonds issued by school districts, and that the immediate passage of this Act is necessary to increase the maximum authorized rate of interest to be paid on school bonds to ten percent (10%) per annum, and that the immediate passage of this Act is necessary to offer financial relief to school districts in obtaining the funds essential to the public education program in this State. Therefore, an emergency is hereby declared to exist, and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1983, No. 880, § 6: Mar. 28, 1983. Emergency clause provided: “It is hereby found and determined that school districts and the State Board of Education are presently unable to finance essential facilities for public education within the present maximum interest rate limitations on debt obligations issued by the Board and school districts. An emergency is declared to exist and this Act, being immediately necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 1018, § 4: Apr. 14, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that because of the case Ricarte v. State, CR 86-31, a question has arisen over the validity of Act 1233 of the Extended Session of 1976; that this Act is a reenactment of the former law; and that the immediate passage of this Act is necessary to clarify the state of the law on this issue. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1989 (3rd Ex. Sess.), No. 64, § 8: Nov. 16, 1989. Emergency clause provided: “It is hereby found and declared that the various school district of this state may be able to effect substantial savings in total principal and interest payments by issuing refunding bonds authorized by this Act and that the authority conferred hereby should be available as soon as possible to permit more monies to be available for the use of the school districts of this state. Therefore, an emergency is declared to exist and this Act being essential for the preservation of the public peace, health and safety shall take effect and be in force from and after its passage and approval.”

Acts 1991, No. 405, § 6: Mar. 8, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the Arkansas school districts have an urgent need to replace aging school buses, acquire additional school buses, and refurbish existing buses which were manufactured after 1977 in order to provide safe, dependable and effective transportation for public school students, and that it is necessary to amend existing law to permit school bus financing through the issuance of commercial bonds in order to allow school districts to finance buses at the lowest possible cost. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect upon its passage and approval.”

Acts 1994 (2nd Ex. Sess.), No. 43, § 5: Aug. 25, 1994. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly that present limitations on the use of negotiable bonds issued by school districts are creating serious hardships for some Arkansas districts; that it is essential to the financial stability of these school districts that they be authorized to issue bonds to pay off and extend certain kinds of short term debt and that the authority conferred hereby should be available as soon as possible. Therefore, an emergency is declared to exist and this Act being essential for the preservation of the public peace, health, and safety shall take effect and be in force from and after its passage and approval.”

Acts 1997, No. 1300, § 29: Apr. 10, 1997. Emergency clause provided: “It is found and determined by the General Assembly that Amendment No. 74 to the Arkansas Constitution was adopted by the electors of this state on November 5, 1996; that Amendment No. 74 became effective on adoption and applies to ad valorem property taxes due in 1997; that the tax books of each county will open for collection of taxes in the near future and that local officials and school districts must have direction on procedures and effects of the various actions required. The General Assembly further finds that Amendment No. 74 requires enactment of legislation to implement the provisions thereof and that this act provides such implementation and should be given effect immediately to accomplish the purposes of Amendment No. 74 in an orderly, effective and efficient manner. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1329, § 6: Apr. 10, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that providing bondholders with additional security for payment of school district bonds will permit Arkansas school districts to issue bonds on more favorable terms and at lower rates of interest, and that this legislation must be in effect in order to permit these benefits to school districts who urgently need to finance capital improvements to their physical facilities and who need to refund certain outstanding bonds that will provide substantial savings to the school district. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1045, § 5: Apr. 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that publication of the notice of sale three times prior to selling school bonds is unnecessary and expensive. To help school districts to cut costs of issuing bonds, this act should be given immediate effect. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1046, § 9: Apr. 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that under favorable market conditions school districts can issue refunding bonds for the purpose of refunding outstanding bonds at lower rates of interest producing substantial debt service savings in the district; that under current law, districts may not sell or issue refunding bonds without prior approval of the State Board of Education or the Director of the Department of Education; that by the time approval is obtained the market conditions may have changed; that this act is necessary to give school districts greater flexibility in order to take advantage of the most favorable market conditions and produce the greatest debt service savings. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1078, § 92: July 1, 2000.

Acts 1999, No. 1549, § 33: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that changes to the distribution of public school funds must take effect at the time that appropriations become effective and that not to do so would create confusion in the state's public school districts. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 1999.”

Acts 2001, No. 1214, § 2: Mar. 30, 2001. Emergency clause provided: “It is found and determined by the General Assembly that the existing bonded indebtedness limit on school districts that are facing unexpected, unforeseen or extreme hardship is too low and that the immediate passage of this act is necessary for the increase of the limitation. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 1220, § 20: July 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly that changes to the distribution of public school funds must take effect at the time that appropriations become effective and that to not do so would create confusion in the state's public school districts. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 2001.”

Acts 2003, No. 210, § 4: Feb. 21, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that revolving loan bonds, revolving loan certificates of indebtedness, and negotiable bonds are utilized for the financing of school districts in the state; that legislation is needed to amend the definition of maximum lawful rate in order to clarify that revolving loan bonds, revolving loan certificates of indebtedness, and negotiable bonds are utilized for the financing of school districts in the state; that legislation is needed to amend the definition of maximum lawful rate in order to clarify the maximum lawful rate of interest allowed on such indebtedness prior to the next annual school elections or special election called by the school district to comply with recent court orders, and that this act is immediately necessary because school districts need to restructure their debt in order to comply with recent court orders. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2003 (2nd Ex. Sess.), No. 28, § 10: Emergency clause failed to pass. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court has declared that the current method that the state uses to determine compliance with Amendment 74 to be unconstitutional and has instructed the General Assembly to take action before the termination of the court's stay of its mandate. It is also found that the people must be informed as early as possible the impact of the court's ruling on the property taxes that they pay for education. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2003 (2nd Ex. Sess.), No. 105, § 12: Feb. 10, 2004. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court has declared that the current method that the state uses to determine compliance with Amendment 74 to be unconstitutional and has instructed the General Assembly to take action before the termination of the court's stay of its mandate. It has also found that the people must be informed as early as possible of the impact of the court's ruling on the property taxes that they pay for education. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Identical Acts 2006 (1st Ex. Sess.), Nos. 22 and 23, § 6: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court found that the public school funding system continues to be inadequate and the public schools are operating under a constitutional infirmity that must be corrected immediately; that statutory limitations on bonded indebtedness for school districts may impair some school districts' ability to raise local resources necessary for the repair, improvement, and replacement of academic facilities; that legislative correction is immediately necessary in order to allow school districts, particularly school districts experiencing rapid growth, to use all available revenue streams in providing an adequate opportunity for an adequate education to every public school student in the state. Therefore, an emergency is declared to exist and this act being necessary for the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 947, § 3: Apr. 2, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there are a number of Arkansas school districts that are losing students; that the laws concerning detachment are not clear in assigning assets and indebtedness between old and new school districts; and that this act is immediately necessary to ensure that a newly created school district is able to secure property and assume debt. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-20-1201. Authority to borrow money and issue negotiable bonds.

A school district may borrow money and issue negotiable bonds to repay borrowed moneys from school funds for:

  1. Building and equipping school buildings;
  2. Making additions and repairs to school buildings;
  3. Purchasing sites for school buildings;
  4. Purchasing new or used school buses;
  5. Refurbishing school buses;
  6. Providing professional development and training of teachers or other programs authorized under the federally recognized qualified zone academy bond program, 26 U.S.C. § 1397E [repealed];
  7. Paying off outstanding postdated warrants, installment contracts, revolving loans, and lease-purchase agreements, as provided by law; and
  8. In the case of a new school district created under § 6-13-1505:
    1. Purchasing school buildings and other structures;
    2. Purchasing new or used furniture, fixtures, and equipment;
    3. Paying the costs of the allocation of assets to the new school district; and
    4. Paying or retiring the outstanding indebtedness of the original school district that the new school district has become responsible for under § 6-13-1505.

History. Acts 1931, No. 169, § 59; Pope's Dig., § 11492; A.S.A. 1947, § 80-1101; Acts 1991, No. 405, § 1; 1994 (2nd Ex. Sess.), No. 43, § 1; 2001, No. 1220, § 15; 2003, No. 1738, § 4; 2009, No. 1469, § 10; 2015, No. 947, § 2.

Amendments. The 2009 amendment rewrote the section.

The 2015 amendment added (8).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

Case Notes

Invalid Bonds.

Holder of notes executed by the directors of a school district without authority had no lien on the district's schoolhouse in the construction of which the money was spent. Rural Special School Dist. No. 50 v. First Nat'l Bank, 173 Ark. 604, 292 S.W. 1012 (1927) (decision under prior law).

Purpose of Bonds.

Where, under separate laws, school district was authorized to issue bonds for different purposes, a single issue might suffice for such purposes. Wilken v. Special Sch. Dist., 181 Ark. 1029, 29 S.W.2d 267 (1930) (decision under prior law).

Former section did not authorize school directors to pledge any part of tax as security for a loan that was voted for another purpose. Horne v. Paragould Special School Dist. No. 1, 186 Ark. 1000, 57 S.W.2d 568 (1933) (decision under prior law).

Building of a gymnasium, library and auditorium on the school grounds was not an illegal purpose, but a building within the meaning of this section. Gibson v. State Bd. of Educ., 201 Ark. 1165, 148 S.W.2d 329 (1941). See also, Young v. Linwood School Dist. No. 17, 193 Ark. 82, 97 S.W.2d 627 (1936).

6-20-1202. Limitations of bonded indebtedness — Conversion of authorized bond issues.

  1. For acquiring a building site, building or equipping a new school building, repairing, making additions to, or equipping a present school building, purchasing new or used school buses or refurbishing school buses, or the professional development and training of teachers or other programs authorized under the federally recognized qualified zone academy bond program codified at 26 U.S.C. § 1397E [repealed], any school district of the State of Arkansas is authorized to borrow money and issue negotiable bonds for the repayment thereof from school funds.
  2. Subsection (a) of this section shall not prohibit the conversion of authorized bond issues to bonds bearing a lower rate of interest, subject to the approval of the Commissioner of Education, upon such terms that the school district shall receive no less and pay no more in principal and interest combined than it would receive and pay in principal and interest combined if the bonds were not converted.

History. Acts 1947, No. 84, § 1; 1949, No. 161, § 1; 1961, No. 38, § 1; 1969, No. 158, § 1; 1975, No. 596, § 1; 1979, No. 460, § 1; 1981, No. 661, § 1; A.S.A. 1947, § 80-1102; Acts 1991, No. 405, § 2; 1993, No. 486, §§ 1, 2; 1995, No. 619, §§ 1, 2; 2001, No. 1214, § 1; 2001, No. 1220, § 16; 2006 (1st Ex. Sess.), No. 22, § 5; 2006 (1st Ex. Sess.), No. 23, § 5.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

Case Notes

Constitutionality.

Former section authorizing issuance of bonds by school districts was not unconstitutional for attempting to permit the voting of school taxes for purposes not authorized by Ark. Const., Amend. 11. Lakeside Special School Dist. v. Gaines, 202 Ark. 778, 153 S.W.2d 149 (1941) (decision under prior law).

Bonded Indebtedness.

Floating indebtedness of a school district for which warrants had been issued in payment of the district's notes was not a bonded indebtedness within former section. Gaster v. Dermott Sch. Dist., 184 Ark. 536, 42 S.W.2d 990 (1931) (decision under prior law).

Limitation on Bond Issues.

A school district which already had issued bonds exceeding allowed percentage of the assessed value of the property in the district could not issue additional bonds not intended to refund present bonded indebtedness. Gaster v. Dermott Sch. Dist., 184 Ark. 536, 42 S.W.2d 990 (1931) (decision under prior law).

Where proposed issue of funding bonds together with outstanding bonds was less than allowable percentage of assessed valuation of property in the district and buyer of bonds proposed to convert the issued bonds to lower percentage bonds of larger amount, converted bonds, though exceeding the limitation on district's indebtedness, were valid since total amount of converted bonds, principal and interest would be equivalent to total amount, principal and interest of the original bonds. Lakeside Special School Dist. v. Gaines, 202 Ark. 778, 153 S.W.2d 149 (1941) (decision under prior law).

Where district had authority to issue bonds up to certain percentage of the assessed valuation of the property in the district, and it already had bonds outstanding, it could issue new bonds to the extent of the difference, but any conversion of the bonds into bonds of a larger amount in an effort to secure a lower rate of interest would be invalid. Lakeside Special School Dist. v. Gaines, 202 Ark. 778, 153 S.W.2d 149 (1941) (decision under prior law).

Cited: Sims v. Hazen School Dist. No. 2, 215 Ark. 536, 221 S.W.2d 401 (1949).

6-20-1203. Bonds to comply with existing statutes.

All bonds authorized to be issued under this statute shall be issued in full compliance with all of the laws governing the issuance of school bonds in effect at the time of their issuance.

History. Acts 1947, No. 84, § 2; A.S.A. 1947, § 80-1103; Acts 2015, No. 846, § 21.

Amendments. The 2015 amendment deleted “except as to the limitation on the percentage of assessed valuation set out in Acts 1931, No. 169, § 60 [repealed]” following “full compliance”.

6-20-1204. Form of bonds — Security.

  1. School bonds shall be issued by a school district in the form prescribed by the school district's board of directors.
  2. School bonds may be secured by debt service millage.
    1. As additional security for the payment of any bond of a school district, the Commissioner of Elementary and Secondary Education shall cure a delinquency in payment by withholding state funding due the district.
        1. When the designated paying agent for receipt of the district's payments does not receive a payment when due pursuant to the authorizing documents, the paying agent is entitled to payment from the withheld state funding in an amount sufficient to cure the payment deficiency if the designated paying agent notifies the commissioner and the superintendent of the school district by telephone, facsimile, or other similar communication followed by written verification.
        2. Unless the commissioner determines that payment has been made by the school district and that there is not a payment deficiency, the commissioner shall withhold from the next distribution of state funding and remit to the paying agent an amount sufficient to cure the deficiency.
      1. If the amount next due to be distributed to the delinquent school district is not sufficient to cure the delinquency, the commissioner shall continue to withhold state funding as due and remit it to the paying agent until the payment deficiency has been cured.
      2. If the commissioner is notified that a school district is delinquent on two (2) or more obligations, the commissioner shall make payment to paying agents in the order of receipt of notices of the delinquencies.
    2. If the commissioner withholds state funding from a school district pursuant to this subsection, the Division of Elementary and Secondary Education shall identify the school district to be a school district in fiscal distress under the Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq.
    3. The requirements of this subsection apply to bonds issued by a school district before July 1, 2013.
    1. For school bonds issued by a school district on or after July 1, 2013, a school district shall submit bond payments to its designated paying agent not later than fifteen (15) calendar days before the date the payments are due under the authorizing documents.
    2. Whenever the designated paying agent does not receive a payment within the time period in subdivision (d)(1) of this section, the paying agent immediately shall notify the commissioner and the superintendent of the school district in writing.
      1. If the designated paying agent does not receive the bond payment from the district at least five (5) calendar days before the date the payment is due under the authorizing documents, the division immediately shall cure any deficiency in payment by making payment in the full amount of the deficiency to the designated paying agent.
      2. If the commissioner determines that payment has been made by the school district and that a payment deficiency does not exist, the division shall not make the payment under subdivision (d)(3)(A) of this section.
      3. If the division makes payment under subdivision (d)(3)(A) of this section, it may identify the school district on behalf of which the payment is made to be a school district in fiscal distress under the program.
        1. If the division makes payment under subdivision (d)(3)(A) of this section, a school district shall be indebted to the division in the full amount paid by the division and immediately shall remit the full amount to the division.
        2. If a school district does not remit the full amount to the division under subdivision (d)(3)(D)(i) of this section, the division shall withhold from the school district the next distribution of state funding in an amount sufficient to reimburse the division for the payment.
        3. In the event that the amount of state funding next due to be distributed to the school district is not sufficient to reimburse the division, the division shall continue to withhold state funding due to the school district until the division is fully reimbursed.
        4. If the commissioner determines that payment has been made to the division by the school district and that the obligation of the school district to the division no longer exists, the division shall not withhold from the school district the distribution of state funding under subdivisions (d)(3)(D)(ii) and (iii) of this section.
  3. As used in subsections (c) and (d) of this section, “state funding” includes without limitation:
    1. The following state funding under § 6-20-2305:
      1. State foundation funding aid;
      2. Declining enrollment funding;
      3. Student growth funding; and
      4. State categorical funding;
    2. Isolated funding and additional isolated funding under § 6-20-601 et seq.; and
    3. Other funding due to a school district under an appropriation of the General Assembly.
  4. Holders of bonds of the school district shall have a first and prior right and security interest in the revenue produced by the debt service millage pledged by the school district to the payment of its bonds.
  5. The State Board of Education may promulgate the rules necessary to administer this section.

History. Acts 1931, No. 169, § 61; Pope's Dig., § 11494; Acts 1975, No. 220, § 1; A.S.A. 1947, § 80-1104; Acts 1997, No. 1300, § 17; 1997 No. 1329, § 1; 2013, No. 110, § 1; 2019, No. 315, § 285; 2019, No. 910, §§ 1615-1617.

Amendments. The 2013 amendment substituted “funding” for “aid” throughout the section; substituted “the form prescribed by the school district's board of directors” for “such form as the directors of the district shall prescribe” in (a); in (c)(1), substituted “Commission of Education” for “State Board of Education” and “a delinquency” for “any delinquencies”; substituted “if the designated paying agent notifies the commissioner” for “upon notifying the Commissioner of Education” in (c)(2)(A)(i); substituted “If” for “In the event that” in (c)(2)(B); in (c)(3), substituted “commissioner” for “state board”, inserted “the Department of Education shall identify”, and substituted “to be a school district … Accountability Program, § 6-20-1901 et seq.” for “shall be classified as a Phase III school district in distress as described in § 6-20-1609 [repealed]”; added (c)(4), (d), (e) and (g); and redesignated former (d) as present (f).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (g).

The 2019 amendment by No. 910 substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (c)(1); substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c)(3); and substituted “division” for “department” throughout (d)(3).

6-20-1205. Submission of statement before issuing bonds — Approval.

  1. When any school district board of directors desires to issue bonds for the purposes described in § 6-20-1201, the school district board of directors:
    1. Shall furnish to the Commissioner of Elementary and Secondary Education a statement of the amount proposed to be borrowed and of the maturity of the indebtedness, a financial statement of the affairs of the school district, and a certificate from the county clerk showing the then-assessed valuation of the real, personal, and utility property in the school district; and
    2. Shall not sell bonds until the issue is approved by the State Board of Education or by the commissioner, to be evidenced by a writing signed by the state board or the commissioner and bearing the seal of the state board.
  2. In addition to other reasons for disapproval of a bond issue provided under law or by rule, neither the state board nor the commissioner shall approve the sale of bonds for the purposes described in § 6-20-1201 if that sale would cause an increase in the millage levy without a vote of the electors of that school district.
  3. The Division of Elementary and Secondary Education is authorized to adopt procedural rules to enforce the provisions of this section.

History. Acts 1931, No. 169, § 62; Pope's Dig. § 11495; A.S.A. 1947, § 80-1105; Acts 1997, No. 1300, § 18; 1999, No. 1046, § 1; 1999, No. 1549, § 22; 2001, No. 1220, § 17; 2003 (2nd Ex. Sess.), No. 28, § 3; 2003 (2nd Ex. Sess.), No. 105, § 4; 2005, No. 2121, § 14; 2019, No. 315, § 286; 2019, No. 910, §§ 1618, 1619.

Amendments. The 2019 amendment by No. 315 substituted “rule” for “regulation” in (b); and deleted “and regulations” following “rules” in (c).

The 2019 amendment by No. 910 substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a)(1); and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

Case Notes

Approval.

Commissioner of Education may approve bond issue only when directed to do so by the State Board of Education, and when such approval is not at the direction of the board the approval is not sufficient. Delaplaine Consol. School Dist. No. 7 v. State Board of Education, 196 Ark. 434, 118 S.W.2d 255 (1938) (decided under former provisions, now this section and § 6-20-1215).

Cited: M.W. Elkins & Co. v. Ashby, 195 Ark. 313, 112 S.W.2d 627 (1938); Little Rock Sch. Dist. v. Pulaski County Special Sch. Dist. No. 1, 597 F. Supp. 1220 (E.D. Ark. 1984).

6-20-1206. Manner and terms of sale — Maximum rate of interest.

    1. All school bonds shall be sold to the highest bidder at public sale.
        1. Advertisement of a bond sale under this section shall be published on at least two (2) separate dates in a newspaper that is published in or has a bona fide circulation in the county in which the school district is administered.
        2. The first publication shall be at least eight (8) days before the date of the sale, with the second publication on any date before the date of the sale.
        1. If the newspaper responsible for publishing the advertisement of a bond sale does not publish either or both of the two (2) publications required under this subsection within the required time frame, the Commissioner of Elementary and Secondary Education may approve an alternate form of advertisement of the bond sale.
        2. The public school district shall use the alternate form of advertisement only for the bond sale related to the failed publication.
        3. Within thirty (30) days after the sale of bonds is completed for which an alternate form of advertisement is used by a public school district under this subdivision (a)(2)(B), the public school district shall provide by one (1) publication in a newspaper published in the county a notice:
          1. Of the date of the sale and the principal amount of the bonds sold; and
          2. That the alternate form of advertisement was used.
    2. At any time after receiving bids on bonds, all bids may be rejected and the bonds readvertised for the time and in the manner provided under subdivision (a)(2) of this section.
    3. The bonds shall bear interest at a rate or rates not exceeding the maximum lawful rate as defined in subsection (b) of this section.
    4. Bonds may be sold at a discount, but in no event shall the school district be required to pay more than the maximum lawful rate of interest on the amount received.
    5. Bonds may be sold with the privilege of conversion into bonds bearing a lower rate or rates of interest, but the school district shall receive no less and pay no more in principal and interest combined than it would receive and pay if the bonds were not converted.
    6. The school district shall pay the expenses of issuing the bonds and may supply the opinion of attorneys approving the validity of the bonds.
    7. No brokerage, agent's fees, or commissions of any kind for securing bids for the sale of school district bonds shall be allowed or paid on any bond sale unless it is approved by the commissioner, and any person giving or receiving it without approval shall be guilty of a Class A misdemeanor.
  1. The State Board of Education may establish a maximum rate of interest at which school bonds may be sold under the conditions stated in subsection (a) of this section:
    1. If the state board establishes a maximum rate of interest under this subsection, bonds issued under this section shall not bear interest at a rate exceeding the maximum rate established by the state board; and
    2. A bond issued under this section may be sold at a discount, but in no event shall a school district be required to pay more than the maximum rate of interest established by the state board.

History. Acts 1931, No. 169, § 63; Pope's Dig., § 11496; Acts 1970 (1st Ex. Sess.), No. 64, § 1; 1980 (1st Ex. Sess.), No. 56, § 1; 1981, No. 812, § 1; 1983, No. 880, § 1; A.S.A. 1947, § 80-1106; Acts 1999, No. 1045, § 1; 2003, No. 210, § 3; 2005, No. 1994, § 197; 2009, No. 1466, § 1; 2015, No. 846, § 22; 2017, No. 935, § 1; 2019, No. 848, § 1.

Amendments. The 2009 amendment rewrote (a)(2); and substituted “provided under subdivision (a)(2) of this section” for “herein provided” in (a)(3).

The 2015 amendment deleted former (b) and redesignated former (c) as the present introductory language of (b); in the present introductory language of (b), substituted “may establish” for “is authorized to set” and deleted “at any level below the maximum lawful rate” at the end; and added (b)(1) and (2).

The 2017 amendment rewrote (a)(2)(A)(i); and, in (a)(2)(A)(ii), substituted “eight (8) days” for “thirteen (13) days” and added “with the second publication on any date before the date of the sale”.

The 2019 amendment, in (a)(2)(A)(i), substituted “that is published in or has a bona fide circulation in the county in which the school district is administered” for “published in the county”.

Case Notes

Costs and Fees.

Contract of school district with investment company whereby company was to be paid a fee for preparing the necessary papers for refunding a bonded indebtedness but providing for refund of amount of fee proportionate to bonds not refunded was invalid. M.W. Elkins & Co. v. Ashby, 195 Ark. 313, 112 S.W.2d 627 (1938).

Effect of Noncompliance.

Though any person may enforce the provisions of this section, yet where bonds were issued without compliance therewith and the proceeds are received by the district, it will be estopped to assert its own default as also will be its patrons. Davis v. White, 171 Ark. 385, 284 S.W. 764 (1926).

Any method by which a sale may be consummated materially varying from statutory provisions would render the transaction invalid. M.W. Elkins & Co. v. Ashby, 195 Ark. 313, 112 S.W.2d 627 (1938).

Terms of Sale.

No school bonds may be sold for less than par based on allowable rate. Lakeside Special School Dist. v. Gaines, 202 Ark. 778, 153 S.W.2d 149 (1941).

6-20-1207. Delivery and payment in installments.

Bonds may be sold to be delivered and paid for in installments estimated to be as funds will be needed by the school district; but if sold on such terms, they shall be plainly stated in the advertisement of the sale, so that all bidders may bid on equal terms.

History. Acts 1931, No. 169, § 64; Pope's Dig., § 11497; A.S.A. 1947, § 80-1107.

6-20-1208. Delivery of bonds upon payment in cash — Registration and recording.

  1. All school bonds sold shall be sold only for cash on the delivery of the bonds.
  2. The delivery of the bonds to the purchaser and the payment of the full amount of cash to the credit of the school district to the order of the county treasurer, or school district treasurer if the school district has its own treasurer, shall be simultaneous, and, in order to do this, some responsible bank or trust company may be designated as an escrow agent through which the bonds are to be delivered and the funds received.
    1. The secretary of each school district shall cause all school bonds to be registered in the office of the county treasurer, or the school district treasurer if the school district has its own treasurer, in a book to be kept for that purpose.
    2. This record shall show the date, the denomination, the maturity in each year, the place of payments, the rate of interest, and the aggregate amount of the issue, together with the amount of cash for which sold.
  3. Such record books shall be open to public inspection.
  4. Any county treasurer, or school district treasurer if the school district has its own treasurer, failing or refusing to comply with any provisions of this act, and the sureties on his or her official bond, shall be liable to the school district and holders of the school district's bonds for any damages caused thereby, to be recovered by civil action.

History. Acts 1931, No. 169, § 70; Pope's Dig., § 11503; A.S.A. 1947, § 80-1108; Acts 1995, No. 233, § 16.

Meaning of “this act”. Acts 1931, No. 169, codified as §§ 6-10-1016-10-104, 6-10-107, 6-11-1016-11-105, 6-11-106 [repealed], 6-11-107, 6-11-110, 6-11-111, 6-11-117, 6-12-109 [repealed], 6-12-206 [repealed], 6-13-1016-13-104, 6-13-619, 6-13-620, 6-14-104 [repealed], 6-14-118, 6-16-1036-16-105, 6-16-107, 6-17-101 [repealed], 6-17-104, 6-17-105 [repealed], 6-17-401, 6-17-405 [repealed], 6-18-217, 6-18-219, 6-18-501, 6-18-507, 6-18-701, 6-19-102, 6-20-2026-20-204, 6-20-208 [repealed], 6-20-2156-20-217, 6-20-220 [repealed], 6-20-221, 6-20-222, 6-20-403, 6-20-408 [repealed], 6-20-1201, 6-20-12046-20-1215, 6-21-101, 6-21-602 [repealed], 6-21-6046-21-606, 6-51-2116-51-215, 26-80-101, 26-80-102, 26-80-104.

Case Notes

Effect of Noncompliance.

Any method by which a sale may be consummated materially varying from statutory provisions would render the transaction invalid. M.W. Elkins & Co. v. Ashby, 195 Ark. 313, 112 S.W.2d 627 (1938).

6-20-1209. Debt service fund — Establishment and purpose.

All school districts in Arkansas proceeding under this act to borrow money and issue bonds, in addition to other security herein authorized, may and are authorized to establish a debt service fund in an amount sufficient to pay the maturities of bond principal and interest, as they accrue, of the issue of bonds, that the debt service fund shall be set aside out of the first revenues of the school district from whatever source derived and shall be held by the county treasurer, or school district treasurer if the school district has its own treasurer, solely in the manner and for the purposes set out throughout this act.

History. Acts 1931, No. 169, § 66; Pope's Dig., § 11499; A.S.A. 1947, § 80-1111; Acts 1995, No. 233, § 17; 2011, No. 989, § 64.

Amendments. The 2011 amendment substituted “debt service” for “building” in the section heading and throughout the section.

Meaning of “this act”. See note to § 6-20-1208.

Case Notes

Elections.

When vote at school election was for “General Tax 18 mills” but against “Building Tax,” the taxes so raised could not be used for the retirement of bonds or accrued interest since the “building fund” (now “debt service fund”) as defined in this section is for such purpose. Pledger v. Cutrell, 189 Ark. 562, 74 S.W.2d 646 (1934).

6-20-1210. Debt service fund — Use.

  1. The debt service fund shall not be used for any other purpose in any year than to pay the bonds and interest thereon maturing that year and any that may be past due, until the maturities are paid in full or until the funds are set aside to pay the full amount of the bonds; provided, the surplus in any year over and above the amount necessary to pay bonds and interest maturing that year, whether hereafter or heretofore issued, may be used by the respective school districts for any other school purposes.
  2. The county treasurer, or school district treasurer if the school district has its own treasurer, shall see to it that all warrants on the debt service fund of any school district are drawn only to pay maturities of principal or interest on bonds of this school district, other school purposes as herein provided, or past due interest as shown by the records in his or her office.
  3. It is intended that the provisions of this section are to be cumulative and are not to repeal the provisions of any other act now in force except such laws and parts of laws as may be in conflict herewith.

History. Acts 1931, No. 169, § 67; 1935, No. 63, §§ 1, 3; Pope's Dig., §§ 11500, 11506; Acts 1939, No. 326, § 2; A.S.A. 1947, §§ 80-1112, 80-1113; Acts 1995, No. 233, § 18; 2011, No. 989, § 65.

Amendments. The 2011 amendment substituted “Debt service fund” for “Building fund” or variant in the section heading and in (b); substituted “The debt service fund shall not” for “No part of any building fund shall” in (a); and deleted “and he or she shall countersign all warrants on the building fund before they are valid” following “his or her office” in (b).

Case Notes

Use of Other Funds.

This section does not prohibit a school district from contracting for the use of any otherwise permissive revenues in payment of bonds; it only authorizes districts to use for other school purposes any year's surplus over and above the amount necessary to pay bonds and interests maturing that year. Houston Sch. Dist. No. 39 v. Commercial Nat'l Bank, 199 Ark. 683, 135 S.W.2d 677 (1940).

Pledge to apply to bond purposes all revenues arising from the nine-mill tax was not in derogation of this section. Houston Sch. Dist. No. 39 v. Commercial Nat'l Bank, 199 Ark. 683, 135 S.W.2d 677 (1940).

6-20-1211. Tax records — Separate debt service fund records.

  1. In showing school taxes on the tax books, it shall not be necessary to show separate amounts for the debt service fund or any other fund that may be created by the school district board of directors, but there shall be one (1) amount extended on the tax books showing the total of the school district tax for that year.
  2. However, the county treasurer, or school district treasurer if the school district has its own treasurer, shall keep separate records in his or her office showing separately the debt service fund and shall see to it that on all settlements made with him or her of tax money or state apportionment money, the debt service fund is credited with all funds set apart for debt service by the electors or by the school district board of directors.

History. Acts 1931, No. 169, § 68; Pope's Dig., § 11501; A.S.A. 1947, § 80-1114; Acts 1995, No. 233, § 19; 2011, No. 989, § 66.

Amendments. The 2011 amendment substituted “debt service fund” for “building fund” in the section heading and in (a) and (b); and substituted “for debt service” for “therefor” in (b).

6-20-1212. Resolution setting priority in case of default.

On the issuance of any bonds, the school district board of directors may provide by resolution, which shall be a contract with the holders of the bonds, that should there be a default in the payment of any installment of principal or interest when due, the first moneys coming to the school district from any source, other than the uniform rate of tax, shall be paid into the debt service fund and applied on past due principal or interest on the bonds until paid in full.

History. Acts 1931, No. 169, § 69; Pope's Dig., § 11502; A.S.A. 1947, § 80-1115; Acts 1997, No. 1300, § 19; 2011, No. 989, § 67.

Amendments. The 2011 amendment substituted “debt service fund” for “building fund.”

6-20-1213. Duty to pay on maturity — Effect of failure.

  1. The school district board of directors and the secretary of the board shall see to it that sufficient funds to meet each maturity of principal and interest of all bonds of their school district are in the place of payment not later than the day before the date of maturity.
  2. Any failure thereof shall be cause for the State Board of Education to withhold any apportionment of school funds that would otherwise be apportioned to that school district and apply them on any past due bonds of that school district.

History. Acts 1931, No. 169, § 73; Pope's Dig., § 11509; A.S.A. 1947, § 80-1116; Acts 1993, No. 294, § 13; 1999, No. 1078, § 80.

6-20-1214. Obligations on district dissolution.

  1. Dissolution of any school district shall not of itself mature any outstanding bonds or other unmatured obligations of the school district, but the school district to which the territory of the dissolved school district is added shall be liable for the bonds and for the levying of a tax to pay them as herein provided for the obligation of school districts when a school district or a part thereof is annexed to another district.
  2. In addition to the remedy of mandamus to enforce performance of the duties of school officers in the payment of bonds, any bondholder or trustee of such issue may apply to the circuit court having jurisdiction of the territory in which the school district is situated for mandatory orders for the collection of money due from the school district on all bonds for the levy and collection of such taxes.

History. Acts 1931, No. 169, § 75; Pope's Dig., § 11511; A.S.A. 1947, § 80-1117.

6-20-1215. Approval of bond issues.

  1. Before any school district shall issue bonds for the purposes described in § 6-20-1201, the issue shall be approved by the State Board of Education.
  2. If the school district has done everything necessary to comply with the law to authorize it to sell bonds except securing the approval of the state board, and if the state board does not meet for thirty (30) days, then in its discretion, the state board shall have the authority to authorize the Commissioner of Education to approve the issue of bonds.

History. Acts 1931, No. 169, § 77; Pope's Dig., § 11513; Acts 1949, No. 161, § 2; A.S.A. 1947, § 80-1118; Acts 1999, No. 1046, § 2.

Case Notes

Applicability.

This section applies to all bond issues, and approval of State Board of Education is necessary to the validity of any bonds, regardless of the purpose for which issued. Delaplaine Consol. School Dist. No. 7 v. State Board of Education, 196 Ark. 434, 118 S.W.2d 255 (1938).

Elections.

Urban school districts could issue bonds without the consent of a majority of the legal voters, and where they did so and received the contract price, they were estopped to question the legality of the transaction. Davis v. White, 171 Ark. 385, 284 S.W. 764 (1926) (decision under prior law).

Bonds issued by the directors of a rural special school district without authority of a majority of the electors were void even if in the hands of a bona fide holder for value. Rural Special Sch. Dist. No. 30 v. City of Pine Bluff, 142 Ark. 279, 218 S.W. 661 (1920); Robertson v. Rural Special School Dist. No. 9, 155 Ark. 161, 244 S.W. 15 (1922); Park v. Rural Special School Dist. No. 26, 173 Ark. 892, 293 S.W. 1035 (1927) (decision under prior law).

6-20-1216. Refunding bonds — Authority to use.

  1. Any school district of Arkansas shall have the right, subject to procedural rules adopted by the Division of Elementary and Secondary Education, to refund its bonds outstanding at any time. Any division rule that would prevent or delay a school district from refunding outstanding bonds may be waived by the Commissioner of Elementary and Secondary Education or the commissioner’s designee provided that the commissioner or the commissioner’s designee determines that it is in the best interest of the school district to proceed with the refunding immediately.
  2. This shall include the right to refund any loan it may at any time have outstanding from the Revolving Loan Fund.

History. Acts 1941, No. 95, § 1; A.S.A. 1947, § 80-1123; Acts 1999, No. 1046, § 3; 2019, No. 315, § 287; 2019, No. 910, § 1620.

Amendments. The 2019 amendment by No. 315, in (a), deleted “and regulations” following “rules” in the first sentence, and deleted “or regulation” following “rule” in the second sentence.

The 2019 amendment by No. 910, in (a), substituted “Division of Elementary and Secondary Education” for “Department of Education”, “division” for “department”, and “Commissioner of Elementary and Secondary Education” for “Commissioner of Education”.

6-20-1217. [Repealed.]

Publisher's Notes. This section, concerning refunding bonds and debt cancellation procedures, was repealed by Acts 2015, No. 846, § 23. The section was derived from Acts 1941, No. 95, § 1; A.S.A. 1947, § 80-1123.

6-20-1218. Refunding bonds — Maximum amounts — Conversion and sale.

  1. When the refunding bonds are issued to be exchanged for outstanding bonds, it shall not be necessary to advertise them for sale, but they may be executed and delivered to the Division of Elementary and Secondary Education, and the Commissioner of Elementary and Secondary Education shall, from time to time, as outstanding bonds are presented to him or her for exchange, certify and deliver refunding bonds in face value of the same proportion of the total face value of the refunding bond issue that the face value of the surrendered bonds bears to the total face value of the outstanding bonds to be refunded.
    1. Refunding bonds may be exchanged for outstanding bonds, as provided in this section, or they may be sold for cash and the proceeds used to pay the outstanding bonds, or part of the refunding bonds may be exchanged and part of the refunding bonds may be sold, as the board of directors may deem best for the school district.
    2. In the event that after a school district has exchanged part of a refunding issue that has been converted to a lower interest rate as herein authorized and it becomes necessary or desirable to sell the balance of such a refunding issue to pay the bonds being refunded instead of exchanging them for refunding bonds, the school district may then advertise and sell the balance at the rate of interest to which the issue has been converted.
  2. If the refunding bonds are sold at public sale to refund outstanding bonds that have been called for redemption, they shall be fully executed and delivered to the designated escrow agent who shall have authority to surrender them, on and after the redemption date of the bonds being refunded, to the purchaser upon the deposit with the escrow agent on or before the redemption date of the money necessary for the redemption of the bonds being refunded.
    1. In order to facilitate the refunding of school bonds, any school district issuing refunding bonds may issue certificates of indebtedness maturing in one (1) to five (5) years, payable to bearer and negotiable, to cover the costs of refunding or interest due on outstanding bonds at the time they are exchanged for refunding bonds, or both.
    2. The certificates of indebtedness shall be paid out of the debt service fund of the school district from any surplus that remains in the debt service fund in any years after the payment of the full amount of bonds and interest due that year on the refunding issue.
    3. Any certificates of indebtedness issued in connection with an issue of refunding bonds shall be registered by the county treasurer.
    4. All certificates of indebtedness thus issued and registered shall not be invalidated because at the time of their issuance or at their maturity date there is not a surplus in the debt service fund available for their payment, but they shall continue as valid obligations of the school district until such a surplus in the debt service fund has accumulated for their payment.

History. Acts 1941, No. 95, § 1; A.S.A. 1947, § 80-1123; Acts 2005, No. 2121, § 16; 2011, No. 989, § 68; 2019, No. 910, § 1621.

Amendments. The 2011 amendment substituted “debt service fund” for “building fund” in two places in (d)(2) and two places in (d)(4).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a).

Case Notes

Approval of Department of Education.

The Department of Education was made the final arbiter of the propriety of terms of conversion of school district bonds, and the courts, in the absence of fraud, will not go behind the department's finding. Wall v. Eudora Special Sch. Dist., 202 Ark. 904, 154 S.W.2d 12 (1941) (decision under prior law).

Where Department of Education approved the conversion of school district's bonds through a refunding, and its figures showed a small saving thereby, court, in suit by taxpayer, would not declare the refunding issue invalid on ground that the conversion would cost the district more than the bonds to be refunded. Wall v. Eudora Special Sch. Dist., 202 Ark. 904, 154 S.W.2d 12 (1941) (decision under prior law).

Combining Bond Issues.

School district having power to issue refunding bonds and also new bonds for repairs and equipment could combine the two issues into one bond issue since it would be a simple matter to designate refunding bonds as such. Bay Special Consolidated School Dist. No. 21 v. Hall, 194 Ark. 423, 107 S.W.2d 347 (1937) (decision under prior law).

6-20-1219. Record of bond issues.

In a book prepared for that purpose, the county treasurer, or school district treasurer if the school district has its own treasurer, shall keep in his or her office a full and complete record of all bond issues outstanding at the present time or to be issued hereafter showing the date of the issuance, the amount, the date of maturity, the rate of interest, and the dates and the amounts of payment thereon so that any interested persons may ascertain the true financial status of the school district's bonded indebtedness.

History. Acts 1941, No. 95, § 2; A.S.A. 1947, § 80-1124; Acts 1995, No. 233, § 20.

6-20-1220. Refunding bonds — Issuance with election — Validation.

Refunding bonds issued by any school district of the State of Arkansas, when authorized at any general or special school election by a vote of the electors of the school district for a continuing debt service fund to retire refunding bonds, shall be the valid, legal, and binding obligations of the school district provided that the issuance of the refunding bonds is approved by the State Board of Education or the Commissioner of Education before the issuance of the refunding bonds.

History. Acts 1935, No. 336, § 1; A.S.A. 1947, § 80-1125; Acts 1999, No. 1046, § 4; 2011, No. 989, § 69.

Amendments. The 2011 amendment substituted “debt service fund” for “building fund.”

6-20-1221. [Repealed.]

Publisher's Notes. This section, concerning refunding bonds and certification of surrender, was repealed by Acts 2005, No. 2121, § 17. The section was derived from Acts 1939, No. 341, § 2; A.S.A. 1947, § 80-1127.

6-20-1222. Sale of school property securing deed of trust — Release of lien.

  1. When any school district of Arkansas desires to abandon any property for school purposes and to sell and convey the property and use the proceeds for either repairs or new construction of buildings for school purposes of the school district, the trustee of the deed of trust securing any bond issue of the school district and including the land so to be abandoned, sold, and conveyed shall have the power, if the trustee deems it to be to the best interest of the school district, to release the land to be sold or conveyed from the lien of the deed of trust by which the trustee is appointed.
  2. The release may be either by endorsement of the trustee, if an individual, or by endorsement by one (1) of the corporate officers of the trustee, if a corporation, on the margin of the record of the deed of trust, or by a separate instrument executed and placed on record in the county in which the land is situated.

History. Acts 1939, No. 341, § 3; A.S.A. 1947, § 80-1128.

6-20-1223. Refunding bonds — Issuance without election.

  1. School districts of this state may issue refunding bonds without the necessity of submitting the question of issuing the refunding bonds to a vote of the electors of the school district and without the approval of the State Board of Education provided that:
    1. The last maturity date of the refunding bonds is not later than the last maturity date of the bonds being refunded;
    2. The total amount required to pay principal and interest of the refunding bonds as they become due and payable, as well as any issuance costs required to be paid by the school district, exclusive of issuance costs paid from the proceeds of the refunding bonds, must be less than the total amount required to pay principal and interest of the bonds being refunded as they become due and payable; and
    3. The issue has been approved by the Commissioner of Elementary and Secondary Education or the commissioner’s designee subject to Division of Elementary and Secondary Education rules.
    1. Refunding bonds, authorized by a resolution of the board of directors of the school district issuing them, may enjoy the same security for their payment as was enjoyed by the bonds refunded thereby, including particularly, and without limitation, any continuing annual debt service fund taxes voted and pledged to the payment of the bonds refunded thereby, except that, in all school districts operating pursuant to federal court desegregation decrees, the refunding bonds may but shall not be required to enjoy the same security for payment as was enjoyed by the bonds refunded.
    2. Except as to the particulars dealt with in this section, refunding bonds shall be governed insofar as their authorization and security are concerned by provisions of existing law.

History. Acts 1965, No. 43, § 1; 1975 (Extended Sess., 1976), No. 1233, § 1; A.S.A. 1947, § 80-1131; reen. Acts 1987, No. 1018, § 1; Acts 1989 (3rd Ex. Sess.), No. 64, § 1; 1999, No. 1046, § 5; 2011, No. 989, § 70; 2019, No. 315, § 288; 2019, No. 910, § 1622.

A.C.R.C. Notes. This section was reenacted by Acts 1987, No. 1018, § 1, because of the Supreme Court's holding in Ricarte v. State, 290 Ark. 100, 717 S.W.2d 488 (1986), which questioned the validity of the extended session of the legislature in 1976.

Amendments. The 2011 amendment substituted “debt service fund” for “building fund” in (b)(1).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (a)(3).

The 2019 amendment by No. 910 substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” and “Division of Elementary and Secondary Education” for “Department of Education” in (a)(3).

6-20-1224. Payment in full — Endorsement and certificate.

When any school district of Arkansas has paid in full all the bonds of any issue secured by an executed deed of trust with a nonresident trustee or with a trustee who since his or her appointment has become unable to serve, it shall be permitted through the school district's secretary to endorse the fact of payment upon the margin of the record of the deed of trust securing the bonds and to this shall be added the certificate of the circuit clerk if the school district can exhibit to him or her all of the paid and cancelled bonds and coupons.

History. Acts 1939, No. 341, § 1; A.S.A. 1947, § 80-1126.

6-20-1225. Certificates of indebtedness.

  1. A school district of Arkansas filing a petition in United States District Court for the composition of its bonded indebtedness and having more than five (5) years' past due interest on bonds being purchased at a discount, in order to facilitate such purchase, shall have the right to issue certificates of indebtedness payable, without interest over a period of five (5) years, from the surplus in the debt service fund and any other available revenue that the school district may pledge, for an amount not to exceed two (2) years' interest on the bonds being purchased and not to exceed two percent (2%) of the assessed valuation of all taxable property in the school district as shown by the last county assessment and may pledge the surplus and available revenue for their payment.
  2. In any case in which a school district has heretofore issued certificates of indebtedness under substantially the conditions outlined in subsection (a) of this section, such action of the school district is approved and confirmed and the certificates of indebtedness so issued are declared to be the binding obligations of that school district, provided their issuance has been ordered or approved by the United States District Court in which the petition for composition of debt was filed.

History. Acts 1943, No. 151, § 1; A.S.A. 1947, § 80-1129; Acts 2011, No. 989, § 71.

Amendments. The 2011 amendment substituted “debt service fund” for “building fund” in (a).

6-20-1226. Advancements for bond payments by county treasurer before settlement date.

In all school districts of the State of Arkansas that have voted a bond issue that calls for the payment of interest and principal before the date of settlement by the county treasurer with the school district of funds collected under a levy made by the school district for the purpose of retiring principal and interest of bond issue, the county treasurer is authorized to advance to the school district before the date of settlement and on the date payment is due a sum sufficient for the payment of principal and interest accruing under the bond issue out of the moneys held by him or her for the school district.

History. Acts 1951, No. 388, § 1; A.S.A. 1947, § 80-1130.

6-20-1227. [Repealed.]

Publisher's Notes. This section, concerning issuance of bonds for funding nonbonded indebtedness, was repealed by Acts 2015, No. 846, § 24. The section was derived from Acts 1968 (1st Ex. Sess.), No. 67, § 5; A.S.A. 1947, § 80-1132.

6-20-1228. Issuance of bonds — Refunding of bonded indebtedness — Maintenance and operation of schools.

    1. Any school district of this state is authorized to sell bonds in an amount not to exceed an amount equal to the principal amount of the bonds refunded as originally issued for the purposes of refunding all or any part of its bonded indebtedness outstanding at the time of passage of this act, and of providing funds for maintaining and operating schools in the school district.
    2. Such bonds may be sold with the privilege of conversion as provided in this subchapter.
  1. Issuance of the bonds shall be subject to the approval of the State Board of Education and to the approval by the electors of the school district of a continuing annual tax for retirement of the bonds.

History. Acts 1991, No. 689, § 1; 1993, No. 481, § 1.

Publisher's Notes. In reference to the term “time of passage of this act,” Acts 1991, No. 689, was signed by the Governor on March 21, 1991, and became effective July 15, 1991.

6-20-1229. Issuance of second-lien commercial bonds — Definitions.

  1. As used in this section:
    1. “Issue”, “issuance”, or some variety thereof means the date upon which a second-lien bond is actually sold; and
    2. “Second-lien bond” means a commercial bond issued under the authority set forth in § 26-80-106.
  2. All second-lien bonds issued by school districts shall have semiannual interest payments.

History. Acts 2001, No. 1220, § 18; 2005, No. 2121, § 15; 2017, No. 935, § 2.

Amendments. The 2017 amendment deleted “with the first interest payment due within eight (8) months of the issuance of the second-lien bond. All second-lien bonds shall be repaid on payment schedules that are either:” from the end of (b); and deleted (b)(1) and (b)(2).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

Subchapter 13 — Annual Reports of Expenditures

6-20-1301 — 6-20-1304. [Repealed.]

Publisher's Notes. This subchapter, concerning annual reports of expenditures, was repealed by Acts 1999, No. 100, § 12. The subchapter was derived from the following sources:

6-20-1301. Acts 1983 (1st Ex. Sess.), No. 9, § 4; A.S.A. 1947, § 80-483.

6-20-1302. Acts 1983 (1st Ex. Sess.), No. 9, § 1; A.S.A. 1947, § 80-480.

6-20-1303. Acts 1983 (1st Ex. Sess.), No. 9, § 2; A.S.A. 1947, § 80-481.

6-20-1304. Acts 1983 (1st Ex. Sess.), No. 9, § 3; A.S.A. 1947, § 80-482.

Subchapter 14 — State Aid for Construction

Effective Dates. Acts 2005, No. 1426, § 7: Mar. 30, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court has determined that current public school academic facilities in Arkansas are inadequate and inequitable; that the General Assembly established the Joint Committee on Educational Facilities to inventory the current condition of public school academic facilities and recommend methods for bringing those facilities into conformity with the court's constitutional expectations; that the programs established in this act are derived from recommendations of the joint committee and are part of a comprehensive state program for overseeing the provision of constitutionally appropriate public school academic facilities across the state; and that this program must be implemented immediately for the good of public school students in the State of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-20-1401. Rules.

The Commission for Arkansas Public School Academic Facilities and Transportation may make rules consistent with this subchapter that the commission determines are necessary to accomplish the purposes of this subchapter.

History. Acts 1949, No. 230, § 8; A.S.A. 1947, § 80-3508; Acts 2009, No. 1473, § 8.

Amendments. The 2009 amendment deleted “and regulations” at the end of the section heading; and rewrote the section.

6-20-1402. [Repealed.]

Publisher's Notes. This section, concerning authority to borrow money, was repealed by Acts 2005, No. 1426, § 2. The section was derived from Acts 1949, No. 230, § 4; A.S.A. 1947, § 80-3504.

6-20-1403 — 6-20-1405. [Repealed.]

Publisher's Notes. These sections, concerning the authority to spend from the Public School Fund, the determination of aid amount, and eligibility, were repealed by Acts 1993, No. 294, § 13. The sections were derived from the following sources:

6-20-1403. Acts 1949, No. 230, § 1; A.S.A. 1947, § 80-3501.

6-20-1404. Acts 1949, No. 230, § 2; A.S.A. 1947, § 80-3502.

6-20-1405. Acts 1949, No. 230, § 3; A.S.A. 1947, § 80-3503.

6-20-1406. [Repealed.]

Publisher's Notes. This section, concerning standards for school construction, was repealed by Acts 2007, No. 989, § 1. The section was derived from Acts 1949, No. 230, § 5; A.S.A. 1947, § 80-3505; Acts 1997, No. 1226, § 1; 2005, No. 1426, § 3.

6-20-1407. Approval of building plans.

  1. As used in this section:
    1. “Public school facility” has the same meaning as defined in § 6-21-803 of the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq.; and
    2. “Self-funded project” is a project that is one hundred percent (100%) raised and funded by the school district.
  2. No public school facility shall be built, added to, or renovated except in accordance with the plan finally approved by the Commission for Arkansas Public School Academic Facilities and Transportation for all projects in which the commission requires its approval.
  3. A copy of approved plans and specifications of all new public school facilities, additions, or renovations shall be filed with and approved by the commission before construction shall be commenced.
  4. The approval process established by the commission shall include review and approval by all appropriate and applicable state agencies, boards, and local officials necessary to meet the standard contained in the Arkansas Public School Academic Facility Manual.
    1. For new public school facilities, a copy of final construction documents shall be submitted to the Design Review Section for review in regard to compliance with the Arkansas-adopted Americans with Disabilities Act Accessibility Guidelines, 42 U.S.C. § 12101 et seq.
    2. All review comments received from the Building Authority Division shall be in writing.
    3. Corrected construction documents shall be received and approved by the division.
    4. No new public school facilities project shall be released for bidding or construction until the requirements of this subsection are met.
    1. For additions or renovations, a copy of final construction documents shall be submitted to the State Fire Marshal Enforcement Section for review in regard to compliance with the Arkansas-adopted Americans with Disabilities Act Accessibility Guidelines, 42 U.S.C. § 12101 et seq.
    2. All review comments received from the State Fire Marshal Enforcement Section shall be in writing.
    3. Corrected construction documents shall be received and approved by the State Fire Marshal Enforcement Section.
    4. No additions or renovation project shall be released for bidding or construction until the requirements of this subsection are met.
  5. Review and approval of plans under this section or otherwise shall not be a guarantee of state financial participation in any public school academic facilities project.
    1. The commission shall approve a self-funded project that complies with state codes and standards.
    2. A school district may submit a self-funded project in the form of an appendix to the existing school district master plan at any time.

History. Acts 1949, No. 230, § 6; A.S.A. 1947, § 80-3506; Acts 1997, No. 1226, § 2; 2005, No. 1426, § 4; 2007, No. 989, § 2; 2009, No. 376, § 41; 2011, No. 1006, § 3; 2019, No. 910, § 6053.

Amendments. The 2009 amendment, in (d)(1), substituted “Design Review Section” for “Architectural Section,” substituted “Americans with Disabilities Act Accessibility Guidelines” for “(ADAAC Americans with Disabilities Act Accessibility Guidelines),” and made a minor stylistic change.

The 2011 amendment inserted present (a) and (f) and redesignated the remaining subsections accordingly; in (b), substituted “public school facility” for “new schoolhouse” and inserted “added to, or renovated”; in (c), substituted “public school facilities” for “schoolhouses or” and inserted “or renovations”; added “For new public school facilities” to the beginning of (e)(1); in (e)(4), inserted “new public school facilities” and substituted “subsection” for “section”; deleted (h)(1) and redesignated (h)(2) and (3) as (h)(1) and (2); substituted “commission shall approve a self-funded project that complies” for “project shall be approved upon compliance” in (h)(1); and, in (h)(2), inserted “school district may submit a” and deleted “may be submitted” following “project.”

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” throughout (e).

Case Notes

Cited: Lavender v. City of Rogers, 232 Ark. 673, 339 S.W.2d 598 (1960) (see also Lavender v. Rogers, 233 Ark. 161, 343 S.W.2d 103 (1961)); Little Rock Sch. Dist. v. Pulaski County Special Sch. Dist. No. 1, 597 F. Supp. 1220 (E.D. Ark. 1984).

6-20-1408. [Repealed.]

Publisher's Notes. This section, concerning aid from the School Building Fund, and the filing of an application therefor, was repealed by Acts 1993, No. 294, § 13. The section was derived from Acts 1949, No. 230, § 7; A.S.A. 1947, § 80-3507.

Subchapter 15 — Public Elementary and Secondary School Insurance Act

A.C.R.C. Notes. Acts 2003 (2nd Ex. Sess.), No. 78, § 1, provided:

“Purpose.

“(a) The purpose of this act is to provide for the administration and regulation of the Public Elementary and Secondary School Insurance Program and the School Motor Vehicle Insurance Program by the State Insurance Department and to amend various provisions of Arkansas Code §§ 6-20-1501 to 6-20-1515 and §§ 6-21-701 to 6-21-711. The responsibilities of the Department of Education for the regulation and administration of the Public Elementary and Secondary School Self-Insurance Program and the School Motor Vehicle Self-Insurance Program shall cease and its responsibilities shall be transferred to the State Insurance Department. The programs shall be known as the Public Elementary and Secondary School Insurance Program and the Public School Motor Vehicle Insurance Program.

“(b) The statutory authority, powers, duties, functions, including budgeting and purchasing, records, property, unexpended balances of appropriations, allocations, or other funds, and authorized positions but not the personnel of the Public Elementary and Secondary School Self-Insurance Program and the School Motor Vehicle Self-Insurance Program are transferred to the department. The transfer shall include each program's prescribed powers, duties, and functions, including but not limited to rulemaking, regulation, and licensing; and the rendering of findings, orders and adjudications.

“(c) All forms for the administration and regulation of the programs, all trust agreements and arrangements, and all documents presently in use which have been previously approved by the Department of Education or the State Board of Education shall continue to be approved until otherwise determined by the Insurance Commissioner.

“(d) The Insurance Services Division of the Department of Education is transferred to the State Insurance Department by a type two (2) transfer under § 25-2-105. The transfer shall include the authorized positions but shall not include the personnel of the division.”

Cross References. Insurance Code, § 23-60-101 et seq.

Effective Dates. Acts 1973, No. 380, § 17: approved Mar. 16, 1973. Emergency clause provided: “The General Assembly declares and finds that the establishment of a self-insurance program for losses against fire for all buildings and the contents thereof of Arkansas Public School Districts is in the best interests of the State. An emergency is therefore declared to exist and this Act shall take effect immediately upon passage.”

Acts 2003 (2nd Ex. Sess.), No. 78, § 26: Feb. 6, 2004. Emergency clause provided: “It is hereby found and determined by the General Assembly that assistance is necessary to minimize public school insurance costs; that the administration of public school insurance programs by the State Insurance Department will permit the Department of Education to concentrate its efforts and resources on improving public education; that this subchapter is designed to provide property and automobile liability and physical damage coverage for state public schools, educational cooperatives, and open-enrollment charter schools participating in the programs as economically as possible; and that this act should be effective immediately. Therefore, an emergency is declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

6-20-1501. Title.

This subchapter shall be known as the “Public Elementary and Secondary School Insurance Act”.

History. Acts 1973, No. 380, § 1; A.S.A. 1947, § 80-3509; Acts 2003 (2nd Ex. Sess.), No. 78, § 2.

6-20-1502. Establishment of insurance system.

The purpose of this subchapter is to establish and maintain a system of insurance for the public elementary and secondary schools, education service cooperatives, and open-enrollment public charter schools of Arkansas.

History. Acts 1973, No. 380, § 5; A.S.A. 1947, § 80-3513; Acts 2003 (2nd Ex. Sess.), No. 78, § 3.

6-20-1503. State Insurance Department — Powers and duties regarding insurance for public elementary and secondary schools.

It shall be the power and duty of the State Insurance Department to:

  1. Adopt such rules as may be necessary to provide for the insuring of public elementary and secondary school, education service cooperative, and open-enrollment public charter school property within the State of Arkansas;
  2. Administer the Public School Insurance Trust Fund;
  3. Delegate responsibilities in connection with the administration of this subchapter to the Director of the Risk Management Division and the staff of the department;
    1. Establish and administer a program of insurance to cover buildings and contents of public school districts, education service cooperatives, and open-enrollment public charter schools of this state that have elected to participate in a multischool insurance program.
    2. The programs shall be in accordance with recognized and established insurance practices;
  4. Establish, and from time to time modify, the premium rates to be charged for the various risks;
  5. Specify the form for insurance policies and other forms required for the purposes of this subchapter;
    1. Purchase insurance in compliance with all state purchasing laws from insurance companies authorized to do business in this state in keeping with recognized principles of good risk management.
    2. The director shall prescribe, from time to time, rules and regulations for placing and handling the insurance;
  6. Employ necessary adjusters, engineers, appraisers, and other personnel required in the administration of this subchapter;
  7. Engage in a program of prevention loss control to assist the various public schools in improving and minimizing potential insurance losses;
  8. Perform all additional powers and duties necessary to maintain sound insurance underwriting practices recognized by good risk management;
  9. Periodically review the status of the fund and the adequacy of insurance premium rates and compare these rates with rates for comparable risks for private insurance companies;
  10. Confer with superintendents and boards of directors of school districts, the governing boards of education service cooperatives, and open-enrollment public charter schools concerning insurance practices of the various school districts, education service cooperatives, and open-enrollment public charter schools;
  11. Promulgate rules and regulations for the administration of the state public school insurance program; and
  12. Perform other duties that will expedite the operation of the Public Elementary and Secondary School Insurance Program.

History. Acts 1973, No. 380, §§ 3, 5, 6; A.S.A. 1947, §§ 80-3511, 80-3513, 80-3514; Acts 2003 (2nd Ex. Sess.), No. 78, § 4; 2007, No. 617, § 15; 2007, No. 738, § 1; 2019, No. 315, § 289.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (1).

Cross References. Public School Insurance Trust Fund, § 19-5-1134.

6-20-1504. [Repealed.]

Publisher's Notes. This section, concerning the School Self-Insurance Advisory Committee, was repealed by Acts 2003 (2nd Ex. Sess.), No. 78, § 5. The section was derived from Acts 1973, No. 380, § 4; A.S.A. 1947, § 80-3512; Acts 1997, No. 250, § 17; 1999, No. 391, § 20; 2001, No. 1288, § 1.

6-20-1505. Information to be furnished.

  1. The Director of the Risk Management Division of the State Insurance Department, with the approval of the Insurance Commissioner, shall require school district superintendents, county school supervisors, clerks, or governing boards of the education service cooperatives or open-enrollment public charter schools to furnish the State Insurance Department a complete list showing the location of every school building sixty (60) days before entering the program and upon written request by the department.
  2. The department shall have authority to require each school district, education service cooperative, or open-enrollment public charter school to furnish a complete report of its insurance program, including the expiration dates of its contracts, a history of losses, or any additional information required by the insurer.

History. Acts 1973, No. 380, § 7; A.S.A. 1947, § 80-3515; Acts 2003 (2nd Ex. Sess.), No. 78, § 6; 2007, No. 617, § 16.

6-20-1506. Finding of uninsurability — Effect.

    1. The State Insurance Department is authorized to maintain an inspection and engineering service and a training program designed to reduce the hazards in public school buildings insured under this program.
    2. The department shall have authority to cancel or not renew insurance on any school property if the property is deemed no longer insurable.
    3. The department may refuse to insure property when it determines that the property does not meet program guidelines.
  1. In carrying out its duties pursuant to this section, the department may request and the affected school district shall provide any information requested for a determination concerning the reasons for the denial, nonrenewal, or cancellation of insurance coverage.

History. Acts 1973, No. 380, § 8; A.S.A. 1947, § 80-3516; Acts 2003 (2nd Ex. Sess.), No. 78, § 7.

6-20-1507. Premium rate and payment.

  1. The premium rate shall be actuarially sound.
  2. School districts, education service cooperatives, or open-enrollment public charter schools shall make payment of premium when demand is made as scheduled in the contract.
    1. Any school district, education service cooperative, or open-enrollment public charter school which does not pay the premium when due shall be charged a rate of interest at five percent (5%) per annum on all payments due and unpaid on the policy issued.
    2. The State Insurance Department may cancel insurance coverage for school districts, education service cooperatives, or open-enrollment public charter schools that fail to pay the premium due within thirty (30) days.
    3. The department shall give thirty (30) days' notice before any cancellation for nonpayment.
  3. Rules of the department shall include such items as payment of premiums and other pertinent items with reference to the premium rate, but the rules shall not be more stringent than practices of commercial companies writing similar insurance in Arkansas.
  4. Premiums collected by the Public Elementary and Secondary School Insurance Program shall continue to be subject to any premium tax now or hereafter levied for the support of the firemen's pension and relief fund.

History. Acts 1973, No. 380, § 9; A.S.A. 1947, § 80-3517; Acts 2003 (2nd Ex. Sess.), No. 78, § 8; 2007, No. 617, § 17; 2019, No. 315, § 290.

Amendments. The 2019 amendment deleted “and regulations” following “rules” twice in (d).

6-20-1508. Appraisal and payment of losses.

  1. In the event of loss of school district, education service cooperative, or open-enrollment public charter school property under the Public Elementary and Secondary School Insurance Program, the Public School Insurance Trust Fund shall pay the loss as specified in the contract.
  2. When an agreement as to the extent of loss or damage cannot be reached between the State Insurance Department and officials having charge of the property, the amount of the loss or damage shall be determined by three (3) appraisers, one (1) to be named by the department, one (1) by the school district, education service cooperative, or open-enrollment public charter school governing board, and a third to be selected by the two (2) appointed appraisers, all of whom shall be disinterested persons and qualified from experience to appraise and value such property.
  3. If a third appraiser is not agreed upon within thirty (30) days, the Insurance Commissioner shall have authority to appoint a third appraiser.
  4. It shall be the duty of the department to coordinate, facilitate, and expedite details in connection with responsibilities outlined in this section.
  5. The department is granted authority to contract for services with licensed real estate brokers in order to expedite and facilitate the proper operation of the program.

History. Acts 1973, No. 380, § 10; A.S.A. 1947, § 80-3518; Acts 2003 (2nd Ex. Sess.), No. 78, § 9; 2007, No. 617, § 18; 2007, No. 738, § 2.

Cross References. Public School Insurance Trust Fund, § 19-5-1134.

6-20-1509. Effect of federal assistance.

Any school district, education service cooperative, or open-enrollment public charter school that may receive financial assistance from the United States government as a result of federal legislation pertaining to disasters shall not be adversely affected as a result of any moneys due from the Public School Insurance Trust Fund because of coverage by the Public Elementary and Secondary School Insurance Program.

History. Acts 1973, No. 380, § 12; A.S.A. 1947, § 80-3520; Acts 2003 (2nd Ex. Sess.), No. 78, § 10; 2007, No. 617, § 19; 2007, No. 738, § 3.

6-20-1510. [Repealed.]

Publisher's Notes. This section, concerning the Public Elementary and Secondary School Insurance Fund, was repealed by Acts 2007, No. 738, § 4. The section was derived from Acts 1973, No. 380, § 2; A.S.A. 1947, § 80-3510.

Cross References. Public School Insurance Trust Fund, § 19-5-1134.

6-20-1511. Permanent Insurance Reserve Fund.

The General Assembly shall provide a Permanent Insurance Reserve Fund of not less than two million dollars ($2,000,000) on a loan basis for the purpose of initiating the Public Elementary and Secondary School Insurance Program.

History. Acts 1973, No. 380, § 13; A.S.A. 1947, § 80-3521.

6-20-1512. Disposition of funds.

All funds received by the State Insurance Department as premiums, adjustments, earnings, and the like, as provided in this subchapter, shall be deposited into the Public School Insurance Trust Fund and used for the following purposes, listed in a descending order of priority:

  1. To defray administrative costs;
  2. To pay claims; and
  3. To maintain the Public School Insurance Trust Fund.

History. Acts 1973, No. 380, § 13; A.S.A. 1947, § 80-3521; Acts 2003 (2nd Ex. Sess.), No. 78, § 11; 2007, No. 738, § 13.

6-20-1513. Bond obligations.

  1. The State Insurance Department is authorized and directed to meet legal requirements with reference to coverage on buildings as a result of school district, education service cooperative, or open-enrollment public charter school bond obligations.
  2. The specific intent of this section is to ensure that policies issued by the Public Elementary and Secondary School Insurance Program include provisions required by existing school district bond contracts.

History. Acts 1973, No. 380, § 14; A.S.A. 1947, § 80-3522; Acts 2003 (2nd Ex. Sess.), No. 78, § 12; 2007, No. 617, § 20.

6-20-1514. Investments.

  1. The State Insurance Department is authorized to invest funds of the Public Elementary and Secondary School Insurance Program.
  2. Funds of the program may be invested and reinvested as the Insurance Commissioner may determine.
  3. Moneys invested and interest earned thereon shall be administered as program funds.
  4. Moneys deposited to the program shall not be subject to any deduction, tax, levy, or any other type of assessment.

History. Acts 1973, No. 380, § 15; A.S.A. 1947, § 80-3523; Acts 2003 (2nd Ex. Sess.), No. 78, § 13.

6-20-1515. Annual reports.

The State Insurance Department shall report annually to the Governor and the General Assembly on the status of the Public Elementary and Secondary School Insurance Program. The report shall include a detailed statement of investments and earnings.

History. Acts 1973, No. 380, § 11; A.S.A. 1947, § 80-3519; Acts 2003 (2nd Ex. Sess.), No. 78, § 14.

Subchapter 16 — State Assistance to School Districts in Distress

6-20-1601 — 6-20-1610. [Repealed.]

Publisher's Notes. This subchapter, concerning state assistance to school districts in distress, was repealed by Acts 2003, No. 1467, § 22. The subchapter was derived from the following sources:

6-20-1601. Acts 1995, No. 915, § 1.

6-20-1602. Acts 1995, No. 915, § 3; 1999, No. 1549, § 23.

6-20-1603. Acts 1995, No. 915, § 4.

6-20-1604. Acts 1995, No. 915, § 2.

6-20-1605. Acts 1995, No. 915, § 5.

6-20-1606. Acts 1995, No. 915, § 5.

6-20-1607. Acts 1995, No. 915, § 6; 1997, No. 417, § 1.

6-20-1608. Acts 1995, No. 915, § 5.

6-20-1609. Acts 1995, No. 915, § 7; 1999, No. 1078, § 81; 1999, No. 1318, § 3.

6-20-1610. Acts 1995, No. 915, §§ 8, 9.

For current law, see § 6-20-1901 et seq.

Subchapter 17 — High Cost Transportation Funding Formula Act

6-20-1701 — 6-20-1716. [Repealed.]

Publisher's Notes. This subchapter, concerning the High Cost Transportation Funding Formula Act, was repealed by Acts 2005, No. 2138, § 8. The subchapter was derived from the following sources:

6-20-1701. Acts 1997, No. 1133, § 3.

6-20-1702. Acts 1997, No. 1133, § 3; 2001, No. 1220, § 19.

6-20-1703. Acts 1997, No. 1133, § 3; 1999, No. 373, § 1.

6-20-1704. Acts 1997, No. 1133, § 3; 1999, No. 373, § 2.

6-20-1705. Acts 1997, No. 1133, § 3.

6-20-1706. Acts 1997, No. 1133, § 3.

6-20-1707. Acts 1997, No. 1133, § 3; 1999, No. 373, § 3.

6-20-1708. Acts 1997, No. 1133, § 3.

6-20-1709. Acts 1997, No. 1133, § 3.

6-20-1710. Acts 1997, No. 1133, § 3.

6-20-1711. Acts 1997, No. 1133, § 3.

6-20-1712. Acts 1997, No. 1133, § 3.

6-20-1713. Acts 1997, No. 1133, § 3.

6-20-1714. Acts 1997, No. 1133, § 3; 1999, No. 373, § 4.

6-20-1715. Acts 1997, No. 1133, § 3; 1999, No. 373, § 5.

6-20-1716. Acts 1997, No. 1133, § 3; 1999, No. 373, § 6.

Subchapter 18 — Audits

Effective Dates. Acts 1999, No. 1563, § 8: June 15, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that the proper accounting and auditing of school districts is of vital importance to the citizens and tax-payers of the State of Arkansas, that timely filing of audit reports is necessary to determine the proper accounting of school funds, and that audit reports are performed in accordance with professional standards and state laws and regulations. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on June 15, 1999.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-20-1801. Filing of audit reports.

    1. Unless a shorter period is prescribed by law or rule, all school districts' annual audits not conducted by Arkansas Legislative Audit shall be completed and filed with the Division of Elementary and Secondary Education and Arkansas Legislative Audit within nine (9) months following the end of each fiscal year.
    2. At the request of the school district, the division may grant an extension of up to ninety (90) days on the deadline under this subsection.
    1. All school district contracts for audit services with private certified public accountants shall contain a provision requiring completion of the audit and filing of the audit reports by the auditor with the division and Arkansas Legislative Audit within nine (9) months following the end of each fiscal year.
    2. At the request of the school district, the division may grant an extension of up to ninety (90) days on the deadline under this subsection.
  1. Arkansas Legislative Audit shall annually provide the division a list of school districts audited by Arkansas Legislative Audit and update the division on any changes throughout the year.
    1. If the division has identified a school as being in fiscal distress by June 30 of any year, the annual audit of that school district shall be completed and filed with the division and the Legislative Joint Auditing Committee within six (6) months following the end of each fiscal year.
    2. If the Legislative Joint Auditing Committee determines that circumstances warrant, the Legislative Joint Auditing Committee may extend the time to file the audit report of a fiscally distressed school district up to an additional ninety (90) days.

History. Acts 1999, No. 1563, § 1; 2003 (2nd Ex. Sess.), No. 40, § 1; Acts 2003 (2nd Ex. Sess.), No. 63, § 1; 2019, No. 315, § 291; 2019, No. 910, § 1623.

A.C.R.C. Notes. Prior to the 2003 (2nd Ex. Sess.) amendment, the end of subdivision (b)(1) read, “following the end of each June 30 fiscal year.” The words “June 30” were neither set out nor specifically deleted in the 2003 (2nd Ex. Sess.) amendment.

Amendments. The 2019 amendment by No. 315 substituted “rule” for “regulation” in (a)(1).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “Division of Elementary and Secondary Education” for “department” in (a)(2) and throughout (b) through (d).

6-20-1802. Fiscal distress for failure to file.

  1. Any school district failing to file an audit report required by § 6-20-1801 within the nine-month time period or within the time period under any extension granted by the Division of Elementary and Secondary Education shall automatically be considered by the division to be in fiscal distress.
  2. By January 31 of each year, the division, by certified mail, shall notify any school district failing to file the required audit report that the school district is considered in fiscal distress.

History. Acts 1999, No. 1563, § 2; Acts 2003 (2nd Ex. Sess.), No. 63, § 2; 2019, No. 910, § 1624.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” in (a) and (b).

6-20-1803. Questionable audit reports.

  1. If the Division of Elementary and Secondary Education or the Legislative Joint Auditing Committee is concerned that a particular audit may be substandard or seriously questionable with respect to applicable professional auditing standards, the division or the Legislative Joint Auditing Committee may file a complaint on the audit report to the Arkansas State Board of Public Accountancy.
  2. The board shall review all audit reports and working papers filed with the board under this subchapter. The board shall determine whether the report is in general conformity with applicable professional standards and state laws and rules and shall take appropriate action.

History. Acts 1999, No. 1563, § 3; 2019, No. 315, § 292; 2019, No. 910, § 1625.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in (b).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” and “division” for “department” in (a).

6-20-1804. List of ineligible accountants.

  1. The Division of Elementary and Secondary Education shall maintain a list of accountants or accounting firms ineligible to conduct school district audits. Accountants or accounting firms placed on the ineligibility list by the division shall be ineligible to conduct school audits for a period determined by the division but which shall not exceed a five-year period from the end of the fiscal year for which the audit report was contracted to be prepared.
  2. Before entering into contracts for audit services, school districts shall inquire with the division which accountants are ineligible to conduct public school audits.
  3. The division may place accountants or accounting firms on the ineligibility list for any of the following reasons:
    1. If, in the opinion of the division or the Legislative Joint Auditing Committee, a school district audit report is not filed within the nine-month time period or within the time period under any extension granted by the division with the division and Arkansas Legislative Audit as required by § 6-20-1801 because of neglect or fault of the certified public accountant or accounting firm;
    2. If the Quality Review Committee of the Arkansas State Board of Public Accountancy reports to the division and the Legislative Joint Auditing Committee that a school district audit report shows evidence of lack of general conformity with applicable professional standards or state laws and rules or evidence that the report is substandard or seriously questionable; or
    3. Any other compelling reason that the division believes justifies placing the accountant or accounting firm on the ineligibility list.

History. Acts 1999, No. 1563, § 4; Acts 2003 (2nd Ex. Sess.), No. 63, § 3; 2019, No. 315, § 293; 2019, No. 910, § 1626.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in (c)(2).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “Division of Elementary and Secondary Education” for “department” in (a) twice, in (b), and throughout (c).

6-20-1805. Training requirements for bookkeepers.

  1. The State Board of Education shall establish by rules appropriate training and continuing education requirements for individuals whose job responsibilities include preparing a budget or classifying, recording, or reporting receipts or expenditures of a school or school district.
  2. The state board shall establish rules to assure the proficiency of school employees or other individuals to properly classify, record, and report the fiscal transactions of schools or school districts.
  3. If the state board determines that a school or school district is not properly recording or reporting the fiscal transactions or budget of the school district, the superintendent and school district board of directors may be required to appear before the state board to explain why the school or school district has not complied with the fiscal recording and reporting requirements.

History. Acts 2003 (2nd Ex. Sess.), No. 40, § 2; 2019, No. 315, § 294.

Amendments. The 2019 amendment deleted “or regulations” following “rules” in (a) and (b).

6-20-1806. Services outside the scope of practice of auditors — Prohibited activities.

A licensed certified public accountant or a licensed accountant in public practice shall not provide the following nonaudit services to a school district, education service cooperative, or open-enrollment public charter school if the licensed certified public accountant or the licensed accountant or his or her firm is also the auditor of the school district, education service cooperative, or open-enrollment public charter school:

  1. Accounting and bookkeeping services;
  2. Financial information systems design and implementation;
  3. Appraisal, valuation, and actuarial services;
  4. Internal audit outsourcing services;
  5. Management or human resources functions;
  6. Broker or dealer, investment advisor, or investment banking services; and
  7. Legal and expert services unrelated to the audit.

History. Acts 2005, No. 1244, § 1; 2007, No. 617, § 21.

Subchapter 19 — Arkansas Fiscal Assessment and Accountability Program

Effective Dates. Acts 2003, No. 1467, § 23: July 1, 2003. Effective date clause provided: “Unless otherwise provided in this act, this act shall become effective on July 1, 2003.”

Acts 2007, No. 741, § 3: Mar. 30, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that school districts begin their work far in advance of the academic year; that the coming academic year begins in August, 2007; that the school districts require certainty about the effect on the fiscal health of the school district that might arise from capital outlay for academic facility; and that this act is necessary because any delay might irreparably harm a school district and its students. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 600, § 24: Apr. 4, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state's constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that state oversight and intervention into distressed school districts is critical to the delivery of a constitutionally adequate education; and that the changes made in this act are immediately necessary for the state to meet this constitutional obligation. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-20-1901. Title.

This subchapter shall be known as and may be cited as the “Arkansas Fiscal Assessment and Accountability Program”.

History. Acts 2003, No. 1467, § 18.

6-20-1902. Purpose.

The purpose of this subchapter shall be to improve Arkansas public school districts' financial practices and use of resources by establishing a:

  1. System by which the Division of Elementary and Secondary Education shall review the financial management practices of public school districts, including without limitation identifying best financial management practices;
  2. Program by which the division shall identify, assess, and address public school districts in any phase of fiscal distress that includes without limitation identification of early indicators of fiscal distress and early intervention in public school districts that experience early indicators of fiscal distress; and
  3. System for providing continuous fiscal support and monitoring to public school districts that have been returned to local control after being identified as in fiscal distress.

History. Acts 2003, No. 1467, § 18; 2019, No. 910, § 1627; 2019, No. 929, § 1.

Amendments. The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education”.

The 2019 amendment by No. 929 rewrote the section.

Cross References. Public School Insurance Trust Fund, § 19-5-1134.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, Academic Standards, 26 U. Ark. Little Rock L. Rev. 385.

Case Notes

Authority.

Exception to sovereign-immunity was inapplicable, because the complaints failed to state facts sufficient to show that the actions taken by the Arkansas Department of Education when dealing with a fiscally distressed district were in excess of its authority, ultra vires, or in bad faith. Fitzgiven v. Dorey, 2013 Ark. 346, 429 S.W.3d 234 (2013).

6-20-1903. Definitions.

As used in this subchapter:

  1. “Annexation” means the joining of an affected school district or part of the school district with a receiving district pursuant to § 6-13-1401;
  2. “Consolidation” means the joining of two (2) or more school districts or parts of the districts to create a new single school district pursuant to § 6-13-1401;
  3. [Repealed.]
  4. “Fiscal distress status” means a public school district determined by the Division of Elementary and Secondary Education and classified by the State Board of Education as being placed in fiscal distress status pursuant to this subchapter;
  5. “Fiscal integrity” means to comply with financial management, accounting, auditing, and reporting procedures and facilities management procedures as required by state laws and rules and federal laws and regulations in a forthright and timely manner;
  6. “Reconstitution” means the reorganization of the administrative unit or the governing school district board of directors of a school district, including, but not limited to, the replacement or removal of a current superintendent or the removal or replacement of a current school district board of directors, or both;
  7. “School district” means a public school district created or established pursuant to this title; and
  8. “State board” means the State Board of Education.

History. Acts 2003, No. 1467, § 18; 2019, No. 315, § 295; 2019, No. 910, §§ 1628, 1629.

Amendments. The 2019 amendment by No. 315 inserted “laws and rules” in (5).

The 2019 amendment by No. 910 repealed (3); and substituted “Division of Elementary and Secondary Education” for “department” in (4).

Case Notes

Removal of Superintendent.

Summary judgment was proper for a school district in a superintendent's claim for compensation because the district established, as a matter of law, the defense of impossibility of performance based on the Arkansas Department of Education's assumption of fiscal control of the district and removal of the superintendent under subdivision (6) of this section. The Department's recommendations as to staffing and the fiscal practices of the district were binding on the district per § 6-20-1908(f). Smith v. Decatur Sch. Dist., 2011 Ark. App. 126 (2011).

6-20-1904. Indicators of fiscal distress.

  1. A school district meeting any of the following criteria may be identified by the Division of Elementary and Secondary Education to be a school district in fiscal distress upon final approval by the State Board of Education:
      1. A declining balance determined to jeopardize the fiscal integrity of a school district.
      2. However, capital outlay expenditures for academic facilities from a school district balance shall not be used to put the school district in fiscal distress;
    1. An act or violation determined to jeopardize the fiscal integrity of a school district, including without limitation:
      1. Material failure to properly maintain school facilities;
      2. Material violation of local, state, or federal fire, health, or safety code provisions or law;
      3. Material violation of local, state, or federal construction code provisions or law;
      4. Material state or federal audit exceptions or violations;
      5. Material failure to provide timely and accurate legally required financial reports to the division, Arkansas Legislative Audit, the General Assembly, or the Internal Revenue Service;
      6. Insufficient funds to cover payroll, salary, employment benefits, or legal tax obligations;
      7. Material failure to meet legally binding minimum teacher salary schedule obligations;
      8. Material failure to comply with state law governing purchasing or bid requirements;
      9. Material default on any school district debt obligation;
      10. Material discrepancies between budgeted and actual school district expenditures;
      11. Material failure to comply with audit requirements;
      12. Material failure to comply with any provision of the Arkansas Code that specifically places a school district in fiscal distress based on noncompliance;
      13. Material failure to comply with § 6-20-1913 or division rules concerning the minimum qualifications for a general business manager; or
      14. Material failure to comply with reporting, debt approval, or other requirements placed on a public school district that has been returned to local control under § 6-20-1912; or
    2. Any other fiscal condition of a school district deemed to have a detrimental negative impact on the continuation of educational services by that school district.
    1. By November 1 of each year, the division shall report to the superintendent of a public school district if the division is aware that the public school district has experienced two (2) or more indicators of fiscal distress, as described in subsection (a) of this section or in division rules, in one (1) school year that the division deems to be at a nonmaterial level but that without intervention could place the public school district in fiscal distress.
    2. By November 1 of each year, the superintendent of a public school district shall report to the division if the superintendent is aware the public school district has experienced two (2) or more indicators of fiscal distress, as described in subsection (a) of this section or in division rules, in one (1) school year that the superintendent deems to be at a nonmaterial level but that without intervention could place the public school district in fiscal distress.
      1. The division and the superintendent shall review all data related to the nonmaterial indicators of fiscal distress.
        1. Within thirty (30) days of the division's determination that the public school district may be experiencing fiscal distress at a nonmaterial level, the division shall provide a notice to the public school district's superintendent and board of directors that:
          1. Describes the nonmaterial indicators of fiscal distress that could jeopardize the fiscal integrity of the public school district if not addressed; and
          2. Identifies the support available from the division to address each nonmaterial indicator of fiscal distress.
        2. The board of directors of the public school district shall place on the agenda for the next regularly scheduled meeting of the board of directors of the public school district a discussion of the notice of nonmaterial indicators of fiscal distress.
      1. If a public school district is determined to be experiencing fiscal distress at a nonmaterial level under this subsection, the public school district shall:
        1. Comply with all requirements established by the state board in rules, including without limitation review of the public school district's budget, reporting, and the hiring and termination of staff; and
        2. Not incur any debt without the prior written approval of the division.
      2. The division may request that Arkansas Legislative Audit conduct an annual audit of a public school district that is determined to be experiencing fiscal distress at a nonmaterial level under this subsection.

History. Acts 2003, No. 1467, § 18; 2007, No. 741, § 1; 2009, No. 798, § 1; 2019, No. 910, §§ 1630-1632; 2019, No. 929, §§ 2, 3.

Amendments. The 2009 amendment added (b).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (a); and substituted “division” for “department” throughout the section.

The 2019 amendment by No. 929 added (a)(2)(M) and (a)(2)(N); substituted “November 1” for “August 31” in (b)(1); inserted “as described in subsection (a) of this section or in division rules” in (b)(1) and (b)(2); added “By November 1 of each year” in (b)(2); inserted “public” throughout (b); inserted “public school” preceding “district” near the end of (b)(1) and (b)(2); inserted “of the public school district” twice in (b)(3)(B)(ii); and added (b)(4).

6-20-1905. Notification and appeal.

      1. The Division of Elementary and Secondary Education shall provide written notice, via certified mail, return receipt requested, to the president of the board of directors and the superintendent of each public school district identified as being in fiscal distress.
      2. The division shall provide the notice required under this subdivision (a)(1) on or before June 30 of each year.
      1. At any time after June 30, the division may identify a public school district as being in fiscal distress if the division discovers that a fiscal condition of a public school district negatively impacts the continuation of educational services by the public school district.
      2. The division immediately shall provide the same notice required under subdivision (a)(1)(A) of this section to the public school district identified under this subdivision (a)(2).
  1. Any school district identified in fiscal distress status may appeal to the State Board of Education by filing a written appeal with the office of the Commissioner of Elementary and Secondary Education by certified mail, return receipt requested, within thirty (30) days of receipt of notice of identified fiscal distress status from the division.
  2. The state board shall hear the appeal within sixty (60) days of receipt of the written notice of appeal from the school district.
  3. The written appeal shall state in clear terms the reason why the school district should not be classified as in fiscal distress.
  4. Notwithstanding any appeal rights in this subchapter, no appeal shall stay the division's authority to take action to protect the fiscal integrity of any school district identified as in fiscal distress.
  5. The decision of the state board shall be a final order, and there is no further right of appeal except that the school district may appeal to Pulaski County Circuit Court pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

History. Acts 2003, No. 1467, § 18; 2007, No. 741, § 2; 2009, No. 1469, § 11; 2019, No. 910, § 1633; 2019, No. 929, § 4.

Amendments. The 2009 amendment rewrote (a).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” and “division” for “department” throughout the section; and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b).

The 2019 amendment by No. 929 inserted “public” throughout (a); deleted the (a)(1)(A)(i) designation; deleted “school district” preceding “board” in (a)(1)(A); redesignated (a)(1)(A)(ii), (a)(1)(B)(i), and (a)(1)(B)(ii) as (a)(1)(B), (a)(2)(A), and (a)(2)(B); substituted “June 30” for “March 30” in (a)(1)(B) and (a)(2)(A); and updated internal references.

6-20-1906. Classification of fiscal distress status.

  1. Those school districts identified by the Division of Elementary and Secondary Education as being in fiscal distress shall be classified as school districts in fiscal distress upon final determination by the State Board of Education.
  2. Any school district classified as in fiscal distress shall be required to publish at least one (1) time for two (2) consecutive weeks in a newspaper of general circulation in the school district the school district's classification as a school district in fiscal distress and the reasons why the school district was classified as being in fiscal distress.
  3. The provisions of subsections (a) and (b) of this section are effective after the school district's appeal rights have been exhausted.

History. Acts 2003, No. 1467, § 18; 2019, No. 910, § 1634.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a).

6-20-1907. Debt issuance.

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

History. Acts 2003, No. 1467, § 18; 2019, No. 910, § 1635.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education”.

6-20-1908. Fiscal distress plan.

  1. Those school districts identified by the Division of Elementary and Secondary Education as being in fiscal distress shall file with the division within ten (10) days after the final classification by the State Board of Education a written fiscal distress improvement plan to address any area in which the school district is experiencing fiscal distress as identified by the division.
  2. Each school district shall seek and obtain approval of its plan from the division and shall describe how the school district will remedy those areas in which the school district is experiencing fiscal distress and shall establish the time period by which the school district will remedy all criteria which placed the school district in fiscal distress status.
  3. A public school district in fiscal distress may only petition the state board for removal from fiscal distress status after the division has certified in writing that the public school district has corrected all criteria for being classified as in fiscal distress, has not experienced any additional indicators of fiscal distress, and has complied with all division recommendations and requirements for removal from fiscal distress status.
  4. Except under § 6-20-1910(e), a school district shall not be allowed to remain in fiscal distress status for more than five (5) consecutive school years from the date that the school district was classified as being in fiscal distress status.
  5. Any school district classified as being in fiscal distress status shall be required to receive on-site technical evaluation and assistance from the division.
    1. The division shall evaluate and make written recommendations to the district superintendent regarding staffing of the school district and fiscal practices of the school district.
    2. The written recommendations of the division shall be binding on the school district, the superintendent, and the school district board of directors.
  6. Every six (6) months, the division shall submit a written evaluation on the status of each school district in fiscal distress to the state board.
    1. The division may petition the state board at any time for the consolidation, annexation, or reconstitution of a school district in fiscal distress or take other appropriate action as allowed by this subchapter in order to secure and protect the best interest of the educational resources of the state or to provide for the best interests of students in the school district.
    2. The state board may approve the petition or take other appropriate action as allowed by this subchapter.
  7. Except under § 6-20-1910(e), the state board shall consolidate, annex, or reconstitute any school district that fails to remove itself from the classification of a school district in fiscal distress within five (5) consecutive school years of classification of fiscal distress status unless the state board, at its discretion, issues a written finding supported by a majority of the state board, explaining in detail that the school district could not remove itself from fiscal distress due to impossibility caused by external forces beyond the school district's control.

History. Acts 2003, No. 1467, § 18; 2013, No. 600, §§ 13, 14; 2017, No. 745, §§ 28, 29; 2019, No. 910, § 1636; 2019, No. 929, § 5.

Amendments. The 2013 amendment, in (d), substituted “Except under § 6-20-1910(d), a school” for “No school” and “five (5)” for “two (2)”; substituted “written recommendations” for “recommendations” twice in (f); inserted “district” preceding “board” in (f)(2); and rewrote (i).

The 2017 amendment substituted “§ 6-20-1910(e)” for “§ 6-20-1910(d)” in (d) and (i).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” throughout the section.

The 2019 amendment by No. 929, in (c), inserted “public” twice, inserted “has not experienced any additional indicators of fiscal distress”, and added “status” at the end.

Case Notes

Authority.

Exception to sovereign-immunity was inapplicable, because the complaints failed to state facts sufficient to show that the actions taken by the Arkansas Department of Education when dealing with a fiscally distressed district were in excess of its authority, ultra vires, or in bad faith. Fitzgiven v. Dorey, 2013 Ark. 346, 429 S.W.3d 234 (2013).

Binding Effect of Department Recommendations.

Summary judgment was proper for a school district in a superintendent's claim for compensation because the district established, as a matter of law, the defense of impossibility of performance based on the Arkansas Department of Education's assumption of fiscal control of the district and removal of the superintendent under § 6-20-1903(6). The Department's recommendations as to staffing and the fiscal practices of the district were binding on the district per subsection (f) of this section. Smith v. Decatur Sch. Dist., 2011 Ark. App. 126 (2011).

6-20-1909. Division fiscal distress actions.

  1. In addressing public school districts in fiscal distress, the Commissioner of Elementary and Secondary Education may:
    1. Remove permanently, reassign, or suspend on a temporary basis the superintendent of the public school district and:
      1. Appoint an individual in place of the superintendent to administratively operate the public school district under the supervision and approval of the commissioner;
      2. Compensate nondivision agents operating the public school district from public school district funding; and
      3. Authorize an individual appointed under subdivision (a)(1)(A) of this section to remove, replace, reassign, or suspend public school district personnel in accordance with state law;
    2. Suspend or remove some or all of the current board of directors and call for the election of a new board of directors for the public school district, in which case the public school district shall reimburse the county board of election commissioners for election costs as otherwise recognized by law;
      1. Suspend on a temporary basis some or all of the powers and duties granted to the current public school district board of directors under § 6-13-620 or any other law but allow the public school district board of directors to continue to operate under the direction and approval of the commissioner.
      2. The State Board of Education shall define the powers and duties of the public school district board of directors while the public school district board of directors is operating under the direction and approval of the commissioner under subdivision (a)(3)(A) of this section.
      3. The public school district board of directors shall act in an advisory capacity to the commissioner regarding all powers and duties granted under § 6-13-620 that are not defined under subdivision (a)(3)(B) of this section;
    3. Require the public school district to operate without a board of directors under the supervision of the local superintendent or an individual or panel appointed by the commissioner;
    4. Waive the application of Arkansas law or the corresponding State Board of Education rules, with the exception of:
      1. The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.;
      2. The Public School Employee Fair Hearing Act, § 6-17-1701 et seq.;
      3. Special education programs as provided in this title;
      4. Criminal background checks for employees as provided in this title; and
      5. Health and safety codes as established by the State Board of Education and local governmental entities;
    5. Petition the State Board of Education for the annexation, consolidation, or reconstitution of the public school district;
    6. In the absence of a public school district board of directors, assume all authority of the board of directors as designated by the State Board of Education as may be necessary for the day-to-day governance of the public school district;
    7. Require reassignment of some or all of the administrative, instructional, or support staff of a public school district;
    8. Require reorganization, closure, or dissolution of one (1) or more of the public schools within the public school district;
      1. Return the administration of the public school district to the former board of directors or to a newly elected board of directors if:
        1. The Division of Elementary and Secondary Education certifies in writing to the State Board of Education and to the public school district that the public school district has corrected all issues that caused the classification of fiscal distress and the public school district has not experienced any additional indicators of fiscal distress; and
        2. The State Board of Education determines the public school district has corrected all issues that caused the classification of fiscal distress.
      2. If the commissioner calls for an election of a new public school district board of directors, the public school district shall reimburse the county board of election commissioners for election costs as otherwise required by law;
    9. Otherwise reconstitute the public school district; or
    10. Take any other action allowed by law that is deemed necessary to assist a public school district in removing the classification of fiscal distress.
  2. The division may impose various reporting requirements on the school district.
  3. The division shall monitor the fiscal operations and accounts of the school district.
  4. The division shall require school district staff and employees to obtain fiscal instruction or training in areas of fiscal concern for the school district.

History. Acts 2003, No. 1467, § 18; 2013, No. 600, § 15; 2017, No. 275, § 5; 2019, No. 910, §§ 1637-1640; 2019, No. 929, § 6.

Amendments. The 2013 amendment rewrote (a).

The 2017 amendment, in the introductory language of (a)(4), substituted “Education” for “Eduction”.

The 2019 amendment by No. 910 substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in the introductory language of (a); substituted “nondivision” for “nondepartment” in (a)(1)(B); substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(7)(A)(i) [now (a)(10)(A)(i)]; and substituted “division” for “department” in (b), (c), and (d).

The 2019 amendment by No. 929 inserted “public” throughout (a); added (a)(1)(C); inserted (a)(3) and redesignated the remaining subdivisions accordingly; added (a)(5)(C) through (a)(5)(E); inserted (a)(8) and (a)(9) and redesignated the remaining subdivisions accordingly; and added “and the public school district has not experienced any additional indicators of fiscal distress” in (a)(10)(A)(i).

Case Notes

Authority.

Exception to sovereign-immunity was inapplicable, because the complaints failed to state facts sufficient to show that the actions taken by the Arkansas Department of Education when dealing with a fiscally distressed district were in excess of its authority, ultra vires, or in bad faith. Fitzgiven v. Dorey, 2013 Ark. 346, 429 S.W.3d 234 (2013).

6-20-1910. State board actions.

  1. After a public hearing, the State Board of Education shall consolidate, annex, or reconstitute the school district in fiscal distress to another school district or school districts upon a majority vote of a quorum of the members of the state board as permitted or required by this subchapter.
  2. The state board has exclusive jurisdiction to determine the boundary lines of the receiving or resulting school district and to allocate assets and liabilities of the school district.
  3. The decision of the state board shall be final with no further right of appeal except that a school district may appeal to Pulaski County Circuit Court pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
  4. [Repealed.]
    1. If, by the end of the fifth school year following the school district's classification of fiscal distress status, the school district in fiscal distress has not corrected all issues that caused the classification of fiscal distress, the state board, after a public hearing, shall consolidate, annex, or reconstitute the school district under this section.
    2. The state board may grant additional time for a public school or school district to remove itself from fiscal distress by issuing a written finding supported by a majority of the state board explaining in detail that the public school or school district could not remove itself from fiscal distress during the relevant time period due to impossibility caused by external forces beyond the control of the public school or school district.
  5. Nothing in this section shall be construed to prevent the Division of Elementary and Secondary Education or the state board from taking any of the actions listed in § 6-20-1909 or this section at any time to address a school district in fiscal distress.

History. Acts 2003, No. 1467, § 18; 2013, No. 600, § 16; 2017, No. 745, § 30; 2019, No. 910, §§ 1641-1644; 2019, No. 929, § 7.

A.C.R.C. Notes. Acts 2019, No. 929, § 7 repeal of (d) supersedes the amendments made to (d) by Acts 2019, No. 910, §§ 1642-1643.

Amendments. The 2013 amendment added (d) through (f).

The 2017 amendment substituted “§ 6-20-1909” for “subsection (a) of this section” in the introductory language of (d); and substituted “second full school year following the assumption of authority” for “second school year following a school district's classification as being in fiscal distress status” in (d)(1).

The 2019 amendment by No. 910 substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in the introductory language of (d); substituted “Division of Elementary and Secondary Education” for “Department of Education” in (d)(2)(C); and substituted “division” for “department” in (d)(3)(A)(ii) (a) and (f).

The 2019 amendment by No. 929 repealed (d).

6-20-1911. Rules.

  1. The Division of Elementary and Secondary Education shall promulgate rules as necessary to identify, evaluate, assist, and address school districts in fiscal distress.
  2. The division may promulgate rules as necessary to administer this subchapter.

History. Acts 2003, No. 1467, § 18; 2019, No. 315, § 296; 2019, No. 910, § 1645.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in (a) and (b).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” in (b).

6-20-1912. Fiscal support and monitoring.

  1. When a public school district is returned to local control or removed from fiscal distress status, the Division of Elementary and Secondary Education:
    1. Shall monitor the fiscal operations and accounts of the public school district for a period of three (3) years;
    2. Shall provide support to the public school district regarding maintaining fiscal integrity and best financial management practices; and
    3. May impose various reporting requirements on the public school district.
  2. A public school district that is returned to local control shall:
    1. Comply with all monitoring and reporting requirements established by the division and the State Board of Education, including without limitation review of the public school district's budget and approval for staffing;
    2. Not incur any debt without prior written approval of the division; and
    3. Use Arkansas Legislative Audit to conduct an annual audit.

History. Acts 2019, No. 929, § 8.

6-20-1913. General business manager — Definition.

  1. As used in this subchapter, “general business manager” means a chief financial officer or business manager, however the position is titled, who:
    1. Is responsible for the fiscal operations of a public school district; and
    2. Performs duties under the direction of a superintendent of a public school district.
    1. A general business manager for a public school district shall meet the minimum qualifications established by Division of Elementary and Secondary Education rules.
    2. These division rules shall ensure minimum qualifications that support the implementation of best financial management practices for public school districts.
  2. A general business manager who was hired before July 31, 2007, is exempt from subsection (b) of this section.

History. Acts 2019, No. 929, § 8.

6-20-1914. Review of financial management practices.

  1. The Division of Elementary and Secondary Education shall implement a system for reviewing the financial management practices of public school districts to determine the support that is needed by public school districts.
  2. The system established under subsection (a) of this section shall address without limitation a public school district's:
    1. Use of resources;
    2. Financial accountability; and
    3. Personnel systems and benefits management.

History. Acts 2019, No. 929, § 8.

Subchapter 20 — Tracking and Accounting of Interschool Athletic Program Funds

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-20-2001. Purpose.

The purpose of this subchapter is to track and account for the amount of state funds that is used to support interschool athletic programs in public schools.

History. Acts 2003 (2nd Ex. Sess.), No. 52, § 1.

Research References

Ark. L. Rev.

Amy L. Boler, Comment: Put Them In, Coach! They're Ready to Play: Providing Students with Intellectual Disabilities the Right to Participate in School Sports, 69 Ark. L. Rev. 579 (2016).

6-20-2002. Definitions.

As used in this subchapter:

  1. “Athletic expenditures” means all direct expenses related to interschool athletic programs, including without limitation:
    1. The proportion of salaries or supplemental pay for staff for or related to interschool athletic programs or organized physical activity courses as provided under § 6-16-137, or both;
    2. All fringe benefits, including without limitation medical and dental insurance, workers' compensation, pension plans, and any other costs associated with employment of staff for interschool athletic programs;
    3. Travel, including bus-related operation and maintenance, to and from any interschool athletic program event for students, faculty, spirit groups, band, or patrons of the school district;
    4. Equipment;
    5. Meals;
    6. Supplies; and
    7. Medical expenses;
  2. “Classroom teacher” means an individual who is required to hold a teaching license from the Division of Elementary and Secondary Education and who is engaged directly in instruction with students in a classroom setting for more than seventy percent (70%) of the individual's contracted time;
  3. “Interschool athletic program” means:
    1. Any athletic program that is organized primarily for the purpose of competing with other schools, public or private; or
    2. Any athletic program that is subject to regulation by the Arkansas Activities Association; and
  4. “State funds” means all money derived from state revenues, specifically including, but not limited to, distributions from the Division of Elementary and Secondary Education Public School Fund Account and ad valorem property taxes distributed to a public school or school district.

History. Acts 2003 (2nd Ex. Sess.), No. 52, § 1; 2005, No. 2151, § 19; 2005, No. 2256, § 1; 2007, No. 255, § 1; 2013, No. 1358, § 1; 2019, No. 910, §§ 1646, 1647.

Amendments. The 2013 amendment substituted “including without limitation” for “prorated if necessary, including, but not limited to” in (1); substituted “without limitation” for “but not limited to” in (1)(B); deleted subdivisions (1)(G), (1)(I) and (1)(J); and redesignated former subdivision (1)(H) as present subdivision (1)(G).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (2) and (4).

6-20-2003. Reporting by local school districts.

  1. During the appropriate Arkansas Public School Computer Network reporting cycle each year, a school district shall submit appropriate data to the Division of Elementary and Secondary Education documenting the school district's total athletic expenditures paid from state funds.
  2. Annually, each school district shall submit as part of the budget of expenditures and receipts required under § 6-20-2202 a budget for the total athletic expenditures to be paid from state funds for the budgeted year.

History. Acts 2003 (2nd Ex. Sess.), No. 52, § 1; 2007, No. 255, § 2; 2013, No. 1358, § 2; 2019, No. 910, § 1648.

Amendments. The 2013 amendment rewrote this section.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a).

6-20-2004. Regulations.

The State Board of Education may promulgate any rules necessary for the implementation of this subchapter.

History. Acts 2003 (2nd Ex. Sess.), No. 52, § 1; 2013, No. 1358, § 3.

Amendments. The 2013 amendment substituted “may” for “shall” and removed the (a) designation, and deleted (b).

Subchapter 21 — Tracking and Accounting of Interschool Scholastic Activity Funds

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-20-2101. Purpose.

The purpose of this subchapter is to track and account for the amount of state funds that is used to support interschool scholastic activities in public schools.

History. Acts 2003 (2nd Ex. Sess.), No. 52, § 2.

6-20-2102. Definitions.

As used in this subchapter:

  1. “Classroom teacher” means an individual who is required to hold a teaching license from the Division of Elementary and Secondary Education and who is engaged directly in instruction with students in a classroom setting for more than seventy percent (70%) of the individual's contracted time;
  2. “Interschool scholastic activities” means:
    1. Any interschool activity program that is outside the regular curriculum, excluding interschool athletic programs as defined by § 6-20-2002, which is organized primarily for the purpose of competing with other schools, public or private; or
    2. Any program or activity, excluding interschool athletic programs as defined by § 6-20-2002, which is subject to regulation by the Arkansas Activities Association;
  3. “Interschool scholastic activity expenditures” means all direct expenses related to interschool scholastic activities, including without limitation:
    1. Salaries or supplemental pay for staff for interschool scholastic activities, excluding salaries received for duties as a classroom teacher;
    2. All fringe benefits, including, but not limited to, medical and dental insurance, workers' compensation, pension plans, and any other costs associated with employment of staff for interschool scholastic activities;
    3. Travel, including bus-related operation and maintenance;
    4. Equipment;
    5. Meals;
    6. Supplies; and
    7. Medical expenses; and
  4. “State funds” means all money derived from state revenues, specifically including, but not limited to, distributions from the Division of Elementary and Secondary Education Public School Fund Account and ad valorem property taxes distributed to a public school or school district.

History. Acts 2003 (2nd Ex. Sess.), No. 52, § 2; 2005, No. 2256, § 2; 2013, No. 1358, § 4; 2019, No. 910, §§ 1649, 1650.

Amendments. The 2013 amendment, in the introductory language of (3), deleted “and indirect” following “direct” and substituted “including without limitation” for “prorated if necessary, including, but not limited to”; deleted “or organized physical activity courses as provided under § 6-16-137, or both” following “activities” in (3)(A); deleted subdivisions (3)(G), (3)(I), and (3)(J); and redesignated former subdivision (3)(H) as present subdivision (3)(G).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (1) and (4).

6-20-2103. Reporting by school districts.

  1. During the appropriate Arkansas Public School Computer Network reporting cycle each year, a school district shall submit data to the Division of Elementary and Secondary Education documenting the school district's total interschool scholastic activity expenditures paid from state funds.
  2. Annually, each school district shall submit as part of the budget of expenditures and receipts required under § 6-20-2202 a budget for the total interschool scholastic activity expenditures to be paid from state funds for the budgeted year.

History. Acts 2003 (2nd Ex. Sess.), No. 52, § 2; 2013, No. 1358, § 5; 2019, No. 910, § 1651.

Amendments. The 2013 amendment rewrote this section.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a).

6-20-2104. Rules.

The State Board of Education may promulgate any rules necessary for the implementation of this subchapter.

History. Acts 2003 (2nd Ex. Sess.), No. 52, § 2; 2013, No. 1358, § 6.

Amendments. The 2013 amendment substituted “may” for “shall” and removed the (a) designation, and deleted (b).

Subchapter 22 — Arkansas Educational Financial Accounting and Reporting Act of 2004

Preambles. Acts 2006 (1st Ex. Sess.), Nos. 28 and 29, contained a preamble which read:

“WHEREAS, the Public School Funding Act of 2003, the Public School Academic Facilities Program of 2005, and Act 108 of the 2nd Extraordinary Session of 2003 have improved and stabilized funding for public school districts; and

“WHEREAS, the Public School Funding Act of 2003 ensures that school districts have sufficient state aid to provide every student with an equal opportunity to obtain an adequate education, eliminating the need for school districts to retain large fund balances for maintenance and operation due to uncertainty regarding future funding; and

“WHEREAS, Act 108 of the 2nd Extraordinary Session of 2003 ensures that education will be funded first and provides a ‘doomsday’ provision to require transfers from other state agencies if the state experiences an unexpected shortfall, again eliminating a need for school districts to carry large fund balances; and

“WHEREAS, the Public School Academic Facilities Program of 2005 provides that public school districts may apply for state aid to assist with construction of academic facilities, minimizing the need for many public school districts to carry forward large balances in their building funds; and

“WHEREAS, current financial reporting systems do not provide needed information on the fund balances maintained by public school districts, including, but not limited to, the source of the funds and the reason the public school district elected to preserve the funding in its fund balances as opposed to expending the sums on educational needs,

“NOW THEREFORE, … .”

Effective Dates. Identical Acts 2006 (1st Ex. Sess.), Nos. 26 and 27, § 4: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court declared the public school funding system to be inadequate and that the public schools are operating under a constitutional infirmity which must be corrected immediately; that to correct the constitutional infirmity and to ensure adequate funding for public education, the General Assembly must have more accurate and timely information regarding the assessment, settlement, and collection of property taxes by the counties; and that this act is necessary to allow the Assessment Coordination Department, the Department of Education, and the counties sufficient time to make all necessary rules, adjustments, calculations, and reports that will be necessary prior to the convening of the 86th General Assembly. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2006 (1st Ex. Sess.), Nos. 28 and 29, § 2[3]: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court declared the public school funding system to be inadequate and that the public schools are operating under a constitutional infirmity which must be corrected immediately; that to correct the constitutional infirmity and to ensure adequate funding for public education the General Assembly must have more accurate and timely information regarding school district expenditures, fund balances, and interfund transfers; and that this act will result in the prompt availability of information crucial to ensuring the provision of an adequate and equitable education. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 701, § 6: Mar. 24, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the state has paid the Pulaski County School Districts over one billion dollars as required by the Pulaski County Desegregation Case styled Little Rock School District v. Pulaski County Special School District No. 1, et al, No. LR-C-82-866; that the Attorney General and the Department of Education are examining the finances of the Pulaski County school districts to determine how those funds are utilized by the districts; that the accounting required by this act is an essential part of reaching a fiscally responsible end to the case; that the General Assembly’s support for the efforts of the Attorney General and the department should be provided immediately because the continued funding under the existing settlement agreement without proper accounting and State oversight is detrimental to the fiscal integrity of the three school districts and the State, and to the education of the students in the school districts. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 345, § 3: Mar. 6, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that proper training of school district personnel in financial accounting is critical; that financial accounting requirements for school districts are difficult and complex; and that this act is immediately necessary to ensure that school district personnel are properly trained before the beginning of the next school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-20-2201. Title.

This subchapter shall be known as the “Arkansas Educational Financial Accounting and Reporting Act of 2004”.

History. Acts 2003 (2nd Ex. Sess.), No. 61, § 1; 2005, No. 730, § 1.

6-20-2202. Budget and expenditure report.

    1. The board of directors of each school district, open-enrollment public charter school, and education service cooperative annually shall prepare a budget of expenditures and receipts that shall be filed with the Division of Elementary and Secondary Education by September 30 of each year under this subchapter.
      1. Each budget shall be approved by the board of directors of each school district, open-enrollment public charter school, and education service cooperative at a legally held meeting and shall be signed by the president of the board of directors and the ex officio financial secretary of each school district, open-enrollment public charter school, and education service cooperative.
      2. The budget shall contain the information and be prepared in an electronic format prescribed by the Division of Elementary and Secondary Education governing financial accounting for Arkansas school districts, open-enrollment public charter schools, and education service cooperatives.
      1. The electronic format required by the Division of Elementary and Secondary Education shall be available for completion by school districts, open-enrollment public charter schools, and education service cooperatives not later than September 15 of each year.
      2. The Division of Elementary and Secondary Education shall declare when the electronic format is accessible to school districts, open-enrollment public charter schools, and education service cooperatives via the Commissioner of Elementary and Secondary Education memo.
      1. Warrants or checks of a school district, open-enrollment public charter school, or education service cooperative issued after the date required by subsection (a) of this section shall be invalid unless a budget has been filed as required by this subchapter and in compliance with appropriate rules.
      2. The ex officio financial secretary of a school district, open-enrollment public charter school, or education service cooperative and his or her surety shall be liable for any warrants or checks countersigned after the date required by subsection (a) of this section if a budget has not been filed.
    1. After the Division of Elementary and Secondary Education has met all deadlines for providing information to school districts, open-enrollment public charter schools, or education service cooperatives, distribution of all grants and aids from the state for which the school district, open-enrollment public charter school, or education service cooperative may be eligible shall be suspended until the requirements of this subchapter are met by the school districts, open-enrollment public charter schools, or education service cooperatives.
      1. School district, open-enrollment public charter school, and education service cooperative budgets filed pursuant to this section shall be reviewed by the auditors of the financial accountability office of the Division of Elementary and Secondary Education to determine whether the requirements of state law and the rules of the State Board of Education regarding the use of school, open-enrollment public charter school, and education service cooperative funds and expenditure requirements are being met.
        1. The review and the determination shall be completed not later than February 15 of each year.
        2. If the auditors of the financial accountability office determine that the financial records are deficient, then the school district, open-enrollment public charter school, or education service cooperative shall be notified and shall have thirty (30) days to respond before suspension of the grants and aids.
    1. Upon approval by the auditors, copies of the approved budget shall be filed with the school district, the open-enrollment public charter school, the education service cooperative, the county treasurer if serving as school treasurer, and the Division of Elementary and Secondary Education.
      1. The ex officio financial secretary of each school district, open-enrollment public charter school, and education service cooperative shall keep a record of the following information in a format required by the Division of Elementary and Secondary Education:
        1. The daily expenditures and receipts of the school district, open-enrollment public charter school, or education service cooperative; and
          1. Information on fund balances maintained by the school district, open-enrollment public charter school, or education service cooperative, including, but not limited to, the:
            1. Sources of the funds maintained as fund balances, to the extent practicable;
            2. Reasons for maintaining, instead of spending, the fund balances;
              1. Amount of funds transferred between various funds during the past year.
              2. The school district, open-enrollment public charter school, and education service cooperative shall identify the funds transferred between and the amount of funds transferred; and
            3. Amount of fund balances dedicated for the construction, maintenance, or repair of academic or athletic facilities.
          2. The Division of Elementary and Secondary Education shall promulgate rules that require reporting of fund balances sufficient to verify whether funds allocated for educational purposes, including, but not limited to, student academic needs and the maintenance and operation of public school district facilities, are used for their intended purposes or retained by the school district in its fund balances.
        1. An annual report summarizing the information required in subdivision (d)(1)(A) of this section in a format required by the Division of Elementary and Secondary Education shall be filed by August 31 of each year with the Division of Elementary and Secondary Education.
        2. A final close must be performed in each school district's or open-enrollment public charter school's or education service cooperative's applicable general ledger database no later than September 10 of each year.
        3. The Arkansas Public School Computer Network shall ensure that proper controls are in place to prohibit changes to the aforementioned data after the final close has been performed.
    1. If the auditors of the financial accountability office of the Division of Elementary and Secondary Education determine that the financial records of any school district, open-enrollment public charter school, or education service cooperative are not properly maintained or that the financial affairs of the school district, open-enrollment public charter school, or education service cooperative are not administered in accordance with state law or state board rules, grants and aids from the state to which the school district, open-enrollment public charter school, or education service cooperative may be entitled shall be withheld until it is determined that the fiscal records of the school district, open-enrollment public charter school, or education service cooperative are in order or that the financial affairs are being properly administered as established by statute or by rule promulgated by the state board, provided that the Division of Elementary and Secondary Education has met all deadlines for providing information to school districts, open-enrollment public charter schools, or education service cooperatives.
    1. The Division of Elementary and Secondary Education may withhold state aid from any school district, open-enrollment public charter school, or education service cooperative that fails to file its budget or any other required report with the Division of Elementary and Secondary Education by the deadline established by statute or by rule promulgated by the state board or by the due dates established by the Division of Elementary and Secondary Education pursuant to subdivision (e)(2) of this section, provided that the Division of Elementary and Secondary Education has met all deadlines for providing pertinent information to school districts, open-enrollment public charter schools, or education service cooperatives.
    2. The Division of Elementary and Secondary Education shall submit a list of all required financial accountability reports along with due dates to each school district, open-enrollment public charter school, and education service cooperative by July 1 of each year.
  1. The state board shall promulgate the necessary rules to fully implement this section.
    1. The Treasurer of State shall withhold the monthly distribution of county aid provided under § 19-5-602(c) from any county whose county official who is the preparer of the tax books fails to provide by March 15 of each calendar year information concerning the annual abstract of assessment that reflects the aggregate value of the real and personal property for each school district located wholly or in part in the county as follows:
      1. If the county is capable of providing the information electronically, then the information shall be provided to both the Division of Elementary and Secondary Education and the Assessment Coordination Division; and
      2. If the county is not capable of providing the information electronically, then the information shall be provided only to the Assessment Coordination Division.
    2. The information transmitted to the Division of Elementary and Secondary Education and the Assessment Coordination Division shall also include:
      1. The previous calendar year's property assessment that will be used for ad valorem tax collections in the current year; and
      2. The millage rates, which shall be listed by the type of millage, levied against that property assessment.

History. Acts 2003 (2nd Ex. Sess.), No. 61, § 1; 2005, No. 77, §§ 1, 2; 2005, No. 730, § 1; 2006 (1st Ex. Sess.), No. 26, § 1; 2006 (1st Ex. Sess.), No. 27, § 1; 2006 (1st Ex. Sess.), No. 28, § 1; 2006 (1st Ex. Sess.), No. 29, § 1; 2007, No. 617, § 22; 2007, No. 858, § 1; 2009, No. 1469, §§ 12, 13; 2011, No. 989, § 72; 2017, No. 741, § 5; 2019, No. 910, § 1652.

Amendments. The 2009 amendment rewrote (a)(1); and substituted “August 31” for “September 15” in (d)(1)(B)(i).

The 2011 amendment substituted “September 15” for “August 1” in (a)(3)(A).

The 2017 amendment in (d)(1)(B)(ii), inserted “or” preceding “open-enrollment” and substituted “September 10 of each year” for “September 30, 2007, for the 2006-2007 school year and September 15 for each school year thereafter”.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout the section; substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a)(3)(B); and substituted “Assessment Coordination Division” for “Assessment Coordination Department” throughout (g).

Case Notes

Budget Not Deficient.

School districts did not submit deficient budgets because they included within their budgeted revenue the uniform rate of tax in excess of the foundation-funding amount. These funds had to be returned solely to the districts from which they were derived, and any withholding of categorical funds from the school districts based on the allegedly deficient budget was erroneous. Kimbrell v. McCleskey, 2012 Ark. 443, 424 S.W.3d 844 (2012).

6-20-2203. Uniform budget and accounting system required.

    1. The State Board of Education shall adopt by rule a uniform budget and accounting system that shall be known as the “Arkansas Educational Financial Accounting and Reporting System”.
    2. This system shall establish and implement the process and procedures for financial reporting as required by this subchapter for school districts, education service cooperatives, and open-enrollment public charter schools.
      1. Pursuant to § 6-20-2207, the Division of Elementary and Secondary Education shall establish and implement a uniform chart of accounts known as the “Arkansas Financial Accounting Handbook” or the “Arkansas Handbook”.
      2. The Arkansas Handbook shall be incorporated by reference into the rules governing the system.
      3. However, the Arkansas Handbook shall be exempt from the rulemaking process and procedures required pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
    3. The rules shall be developed by the state board in cooperation with the division, representatives from the Arkansas Association of Educational Administrators, the Arkansas Association of School Business Officials, the Arkansas Education Association, the education service cooperatives, and the Legislative Joint Auditing Committee.
  1. To the extent necessary to comply with federal law, the terms and definitions contained in the Arkansas Handbook shall initially comply with Financial Accounting for Local and State School Systems, 2003 Edition (NCES 2004-318), and may thereafter be revised by the division as necessary to remain consistent and shall be used for valid comparisons of expenditures of schools, school districts, open-enrollment public charter schools, and education service cooperatives.
  2. In addition, the rules or the Arkansas Handbook shall include, but not be limited to:
    1. Categories to allow for the gathering of data on separate functions and programs;
      1. Categories and descriptions of expenditures that each public school or school district shall report on its annual school performance report authorized by the School Performance Report Act, § 6-15-1401 et seq.
      2. The reported expenditures shall include, but not be limited to, the following categories:
        1. Total expenditures;
        2. Instructional expenditures;
        3. Administrative expenditures;
        4. Extracurricular expenditures;
        5. Capital expenditures;
        6. Debt service expenditures; and
        7. Expenditures of court-ordered desegregation funding;
    2. Categories and descriptions of public school and school district expenditures that allow for the gathering of data on separate functions and programs provided by law, including without limitation the following expenditures:
      1. Athletic expenditures;
      2. Student transportation expenditures;
      3. School district level administrative costs;
      4. School level administrative costs;
      5. Instructional facilitators;
      6. Supervisory aides;
      7. Substitutes;
      8. Property insurance; and
      9. Expenditures of court-ordered desegregation funding;
    3. Categories and descriptions of public school and school district expenditures that allow for the tracking of expenditures from the following sources of revenue:
      1. Student growth;
      2. Declining enrollment;
      3. Special education high-cost occurrences;
      4. Special education services;
      5. Technology grants;
      6. Debt service funding supplement;
      7. General facilities funding;
      8. Distance learning;
      9. Gifted and talented; and
      10. Court-ordered desegregation funding;
    4. Categories and descriptions of student management coding, including without limitation:
      1. Number of students transported; and
      2. Daily route mileage;
    5. Categories and descriptions of restricted fund balances that provide documentation of the purpose for the restriction;
    6. Categories and descriptions of expenditures that each education service cooperative shall report on its annual report authorized by law; and
    7. Rules relating to computing error rates in coding and reporting financial information under the system and penalties to focus on areas needing improvement.
  3. The Arkansas Handbook shall contain appropriate format and codes for expenditures for education service cooperatives.
  4. The division shall have the authority to analyze and inspect the financial records of any school, open-enrollment public charter school, school district, or education service cooperative in order to verify that a school, school district, or education service cooperative is correctly and accurately reporting expenditures.
  5. By February 15 of each year, the division shall submit a report to the state board, the Governor, the Senate Committee on Education, and the House Committee on Education concerning public school and public school district expenditures required by law.

History. Acts 2003 (2nd Ex. Sess.), No. 61, § 1; 2005, No. 730, § 1; 2007, No. 1006, § 1; 2011, No. 701, §§ 3-5; 2019, No. 757, § 45; 2019, No. 910, §§ 1653-1661.

Amendments. The 2011 amendment added (c)(2)(B)(vii), (c)(3)(A)(ix), and (c)(4)(A)(x).

The 2019 amendment by No. 757 deleted former (c)(3)(B) and redesignated former (c)(3)(A) as (c)(3); deleted former (c)(4)(B) and redesignated former (c)(4)(A) as (c)(4); deleted former (c)(5)(B) and redesignated former (c)(5)(A) as (c)(5); deleted (c)(6)(B) and redesignated former (c)(6)(A) as (c)(6); and deleted (c)(8)(B) and redesignated former (c)(8)(A) as (c)(8).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(3)(A); and substituted “division” for “department” throughout the section.

6-20-2204. Required training.

      1. The Division of Elementary and Secondary Education shall establish two (2) tiers of required training.
      2. Both tiers of required training shall apply to public school districts, open-enrollment public charter schools, and education service cooperatives.
        1. At a minimum, two (2) persons per educational entity are required to attend an initial and annual Tier I training:
          1. The school district superintendent or the education service cooperative director or the open-enrollment public charter school director; and
          2. A person whose job responsibilities include preparing the budget or overall accounting responsibility.
        2. The two (2) persons per educational entity required to attend the initial and annual Tier I training shall each obtain twelve (12) hours of initial training and instruction necessary to demonstrate basic proficiency as determined by the division, including, but not limited to:
          1. School laws of Arkansas;
          2. Laws and rules governing the expenditure of public education funds, fiscal accountability, and school finance;
          3. Ethics; and
          4. Financial accounting and reporting of schools, school districts, open-enrollment public charter schools, and education service cooperative expenditures.
      1. Each year thereafter, the school district superintendent, the education service cooperative executive director, or open-enrollment public charter school director and the person whose job responsibilities include preparing the budget or overall accounting responsibility who have already attended the initial and Tier I training shall obtain by December 31 of each calendar year a minimum of two (2) hours of annual training and instruction as required by the division in order to maintain basic proficiency in the topics described in subdivision (a)(1) of this section.
      2. Additional annual training may be required by the division for the school district superintendent, the education service cooperative executive director, or open-enrollment public charter school director and the person whose job responsibilities include preparing the budget or overall accounting responsibility based on repetitive or flagrant audit findings or the identification of multiple indicators of fiscal distress. (3)(A) The instruction may be provided by an institution of higher education in this state, from instruction sponsored by the division, by an in-service training program conducted by the Arkansas Association of School Business Officials, or from another provider.
    1. Tier II training shall include, but not be limited to, employees who do not make decisions about selecting codes or who have a limited number of codes that they can use.
    2. Tier II training shall be developed by the division in cooperation with representatives from the Arkansas Association of Educational Administrators, the Arkansas Association of School Business Officials, the Arkansas Education Association, the Legislative Joint Auditing Committee, and the education service cooperatives.
      1. The training shall be annual and shall be a minimum of two (2) hours.
      2. Additional annual training may be required by the division for employees who do not make decisions about selecting codes or who have a limited number of codes that they can use based on repetitive or flagrant audit findings or the identification of multiple indicators of fiscal distress.
    3. School districts shall be responsible for providing the training to these employees.
    4. School district trainers are required to attend Tier I training and annual updates as required by the division under this subsection and subsection (a) of this section.
    1. Each school district, open-enrollment public charter school, or education service cooperative shall maintain files and records indicating all employees who are required to obtain and who have completed Tier II training.
    2. Each school district superintendent, open-enrollment public charter school director, or education service cooperative executive director shall provide the division an assurance statement regarding the completion of Tier II training by the required individuals.
  1. The state board shall modify the Standards for Accreditation of Arkansas Public Schools and School Districts issued by the division as may be required by this section.
  2. It is the responsibility of the division to receive and maintain records of instructional hours of Tier I training obtained under this section.
  3. The state board is authorized to promulgate rules consistent with the provisions of this section.

(B) To satisfy the training and requirements under this subsection, any provider other than the division shall apply for and receive preapproval by the division as to the form and content of the training and instruction before they are offered as training and instruction to comply with the provisions of this subsection.

(4)(A) If a person fails to obtain the required Tier I training by the end of the calendar year and fails to cure the deficiency by March 1 of the following calendar year without filing a request for extension of time as determined from the records of the division, the division shall immediately notify the superintendent of the employing school district, the director of the open-enrollment public charter school, or the executive director of the education service cooperative by certified mail, return receipt requested, with a copy to the state board president.

(B)(i) The superintendent of the school district, the director of the open-enrollment public charter school, or the education service cooperative executive director shall notify the person by certified mail, return receipt requested, and the person shall be unable to continue in his or her position from the date of receipt of notification by the superintendent of the school district, the director of the open-enrollment public charter school, or the education service cooperative executive director.

(ii) Any person receiving notice that he or she shall be unable to continue in his or her position solely because of his or her failure to obtain the required training may request a hearing before the State Board of Education before his or her permanent dismissal.

(5) If the person fails to obtain all required training by December 31, this failure shall constitute one (1) citation against the school district or the open-enrollment public charter school as measured by the Standards for Accreditation of Arkansas Public Schools and School Districts issued by the division or an admonishment to the education service cooperative by the division.

(6)(A) If the person is unable to obtain the required training because of military service or illness as verified by a written sworn statement of the person's attending physician, the division shall grant an extension permitting the person additional time to obtain the required training.

(B) The issuance of an extension shall not constitute a citation against the school district as measured by the Standards for Accreditation of Arkansas Public Schools and School Districts issued by the division or the education service cooperative and shall not operate to remove the person from his or her job.

History. Acts 2003 (2nd Ex. Sess.), No. 61, § 1; 2005, No. 730, § 1; 2007, No. 617, § 23; 2015, No. 345, §§ 1, 2; 2019, No. 315, § 297; 2019, No. 910, § 1662.

Amendments. The 2015 amendment redesignated (a)(2) as (a)(2)(A) and added (a)(2)(B); substituted “a minimum of two (2)” for “four (4)” in present (a)(2)(A); redesignated (b)(3) as (b)(3)(A) and added (b)(3)(B); and substituted “a minimum of two (2)” for “four (4)” in present (a)(3)(A).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (f).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1)(A); and substituted “division” for “department” throughout the section.

6-20-2205. Penalties.

  1. Any school district or open-enrollment public charter school that does not follow the provisions of this subchapter shall be placed in fiscal distress as provided by law.
  2. Any education service cooperative that does not follow the provisions of this subchapter shall be sanctioned by the State Board of Education.

History. Acts 2003 (2nd Ex. Sess.), No. 61, § 1; 2005, No. 730, § 1.

6-20-2206. Miscellaneous provisions.

  1. If the Division of Elementary and Secondary Education determines that an overpayment has been made to a school district, open-enrollment public charter school, or education service cooperative in any funding category authorized by law, the division is authorized to withhold the overpayment from future funding of the school district, open-enrollment public charter school, or education service cooperative and is authorized to transfer the amount withheld for the overpayment to the line item appropriation from which the overpayment was initially made.
  2. Each school district, local education agency, open-enrollment public charter school, and education service cooperative shall prepare an annual statement of the financial conditions and transactions of the school district, open-enrollment public charter school, or education service cooperative as of June 30 of each year.
  3. In order for a school district, open-enrollment public charter school, or education service cooperative to be entitled to state aid as provided by law, each school district, open-enrollment public charter school, and education service cooperative shall satisfy the following requirements:
    1. Expenditures for any fiscal year shall not exceed the legal revenues for that year;
    2. The school district, open-enrollment public charter school, and education service cooperative shall maintain such records and make such reports relative to attendance, receipts, and disbursements and other reports as required by the rules of the State Board of Education;
    3. The school, school district, open-enrollment public charter school, and education service cooperative shall maintain proper financial records in accordance with the Arkansas Educational Financial Accounting and Reporting System, which includes the Arkansas Financial Accounting Handbook, and any reports required pursuant to § 6-20-2202(e)(2);
      1. The school district, open-enrollment public charter school, and education service cooperative shall file annually with the state board a salary schedule for its licensed employees which recognizes a minimum level of training and experience.
      2. This schedule shall reflect the actual pay practices of the school district, open-enrollment public charter school, or education service cooperative, including all fringe benefits and supplemental salary schedules.
      3. Salary increments for experience or education, or both, shall be identified on the schedule; and
      1. All pupil attendance records shall be kept in their original form.
      2. Pupil attendance records shall be kept according to law and rule on paper or electronic forms either furnished or approved by the division.
      3. Original pupil attendance records shall be kept on file in the office of the superintendent of schools after the school term is ended for a period of three (3) years, and these records shall be available for monitoring purposes during any day of the school term by the teachers or other persons designated to keep attendance.
  4. School districts may not include the cost of substitute teachers, extended contracts for extracurricular activities, or supplementary pay for extracurricular activities in meeting the expenditures requirement for student classroom teacher salaries.
  5. Any licensed classroom teacher or administrator of a school, school district, open-enrollment public charter school, or education service cooperative that provides false expenditure information may have his or her license placed on probation, suspended, or revoked pursuant to rules promulgated by the state board.

History. Acts 2003 (2nd Ex. Sess.), No. 61, § 1; 2005, No. 730, § 1; 2013, No. 1138, § 49; 2019, No. 757, § 46; 2019, No. 910, §§ 1663, 1664.

Amendments. The 2013 amendment substituted “licensed” for “certified” in (c)(4).

The 2019 amendment by No. 757 deleted “and shall be public records” following “form” in (c)(5)(A).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” in (a) and (c)(5)(B).

6-20-2207. Rulemaking authority.

      1. The State Board of Education shall promulgate rules governing a uniform budget and accounting system that shall be known as the “Arkansas Educational Financial Accounting and Reporting System”.
      2. This system shall include a uniform chart of accounts known as the “Arkansas Financial Accounting Handbook” that shall be exempt from the rulemaking process pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
    1. These rules shall be applied to all school districts, open-enrollment public charter schools, and education service cooperatives for purposes of reporting and accounting for revenues and expenditures.
    2. As necessary to comply with federal law, the Arkansas Financial Accounting Handbook initially shall comply with the Financial Accounting for Local and State School Systems, 2003 Edition (NCES 2004-318). The Arkansas Financial Accounting Handbook shall be exempt from the rulemaking process and procedures required pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
      1. The state board shall amend the rules, and the Division of Elementary and Secondary Education shall amend the Arkansas Financial Accounting Handbook provided in subsection (a) of this section as necessary.
      2. The amendments, annual revisions, and financial accounting updates to the Arkansas Financial Accounting Handbook shall be developed with representatives from the Arkansas Association of School Business Officials, the education service cooperatives, and other school district officials as designated by the division.
    1. Before making an amendment to the Arkansas Financial Accounting Handbook, the division shall provide written notice via a Commissioner of Elementary and Secondary Education memo to the school districts, open-enrollment public charter schools, and education service cooperatives.
    2. Amendments, annual revisions, and financial accounting updates shall be effective on July 1 of the next fiscal year or ninety (90) days from the date of the commissioner's memo, whichever is later, unless:
      1. The commissioner declares that there is an emergency, at which time the change shall be effective immediately upon the date specified in the commissioner's memo;
      2. A new program or revenue source requires new accounting codes, at which time the change shall be effective immediately upon the date specified in the commissioner's memo; or
        1. The change affects only a few school districts and the school districts have mutually agreed to make the change.
        2. The changes shall be effective immediately upon the date specified in the commissioner's memo.
  1. Any school district, open-enrollment public charter school, or education service cooperative that fails to comply with state law or rules governing and providing a uniform chart of accounts for budgeting of revenues, expenditures, and financial reporting shall be deemed to be in fiscal distress and subject to the applicable enforcement provisions as provided by law.
  2. Any school district, open-enrollment public charter school, or education service cooperative that fails to comply with the expenditure requirements of any public school, public school district, or education service cooperative funding law shall be deemed to be in fiscal distress and subject to the applicable enforcement provisions as provided by law.

History. Acts 2003 (2nd Ex. Sess.), No. 61, § 1; 2005, No. 730, § 1; 2007, No. 617, § 24; 2019, No. 757, § 47; 2019, No. 910, § 1665.

Amendments. The 2019 amendment by No. 757 inserted “initially” in the first sentence of (a)(3).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(1)(A); substituted “division” for “department” in (b)(1)(B) and (b)(2); and substituted “Commissioner of Elementary and Secondary Education” for Commissioner of Education” in (b)(2).

6-20-2208. Monitoring of expenditures.

    1. The General Assembly determines that, although funds may be distributed to school districts under this subchapter, it is the duty and responsibility of the State of Arkansas to monitor such expenditures to ensure that each public school child in Arkansas is provided with an adequate education.
    2. The General Assembly further finds that a uniform system of accounting for and reporting expenditures is necessary to allow the state to monitor expenditures.
  1. Each school district shall ensure that funds distributed by the State of Arkansas to the district are utilized in an efficient manner in order to provide an adequate education.
  2. Each school district shall:
    1. Expend sums for teacher salaries in order to meet the requirements of Arkansas law;
      1. Expend the sums allocated to the school district under § 6-20-2305(b) for salaries and other instructional aid components to benefit students in the special needs categories within the school district unless other expenditures are allowed by law or rule of the State Board of Education or the Division of Elementary and Secondary Education.
      2. Further ensure that those sums are used to improve the educational opportunity of those children with a primary emphasis on improving each student's proficiency;
    2. Expend other sums as may be allocated under this subchapter and as may be required by law in order to provide an equal opportunity for an adequate education;
    3. Ensure that sums appropriated by law and allocated to the school district are used to meet standards for accreditation and to provide the required curriculum for all students in the school district;
    4. Ensure that sums allocated for facilities or other capital needs are spent in accordance with law; and
    5. Expend state and local revenues on gifted and talented programs:
      1. In an amount equal to fifteen hundredths (0.15) of the foundation funding amount multiplied by five percent (5%) of the school district's average daily membership for the previous year; and
      2. Only upon gifted and talented programs in accordance with rules promulgated by the state board.
    1. During the appropriate Arkansas public school computer network reporting cycle each year, each school district shall submit appropriate data to the division establishing the school district's compliance with this section.
    2. The data shall be timely, accurate, and in the format required by rules promulgated by the state board.
    3. The data reported shall reflect the expenditure of each category of additional education categories.
    4. Reports for each school district shall be developed by the division and transmitted to the Governor, the Senate Committee on Education, and the House Committee on Education.

History. Acts 2003 (2nd Ex. Sess.), No. 61, § 1; 2005, No. 730, § 1; 2009, No. 376, § 42; 2019, No. 910, §§ 1666-1668.

Amendments. The 2009 amendment, in (c)(2)(A), substituted “§ 6-20-2305(b)” for “§ 6-20-2005(b)” and made a minor stylistic change.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c)(2)(A); and substituted “division” for “department” in (d)(1) and (d)(4).

6-20-2209. [Repealed.]

Publisher's Notes. This section, concerning the study of improved reporting systems, was repealed by Acts 2013, No. 1138, § 50. The section was derived from Acts 2006 (1st Ex. Sess.), No. 28, § 2; 2006 (1st Ex. Sess.), No. 29, § 2.

6-20-2210. Limitation on fund balances — Definitions.

  1. As used in this section:
    1. “Facilities master plan” means the same as defined in § 6-21-803;
    2. “Net legal balance” means the:
      1. Combined balance for a public school district's teacher's salary fund, operating fund, and debt services fund; minus
      2. Combined balance for the following funds for a public school district's categorical funding:
        1. National school lunch fund;
        2. Alternative learning environment fund;
        3. English-language learner fund; and
        4. Professional development fund; minus
      3. Escrow balance restricted for the retirement of federal qualified bonds;
    3. “Net legal balance revenues” means:
      1. Revenues placed into the teacher's salary fund, operating fund, and debt services fund; minus
      2. Revenues placed into the:
        1. National school lunch fund;
        2. Alternative learning environment fund;
        3. English-language learner fund; or
        4. Professional development fund; minus
      3. Proceeds derived from federal qualified bonds;
      1. “Revenues” means the same as defined in the latest version of the Arkansas Financial Accounting Handbook established by the Division of Elementary and Secondary Education under § 6-20-2203.
      2. “Revenues” does not include financing sources such as:
        1. Bond or other debt proceeds;
        2. Loans;
        3. Bonded debt refunding savings;
        4. Consolidation and annexation funding;
        5. Audit adjustments;
        6. Proceeds from the sale or loss of public school district real or personal property;
        7. Interfund transfers; or
        8. Other similar nonrevenue financing sources as defined in:
          1. The latest version of the Arkansas Financial Accounting Handbook established by the division under § 6-20-2203; or
          2. Rules promulgated by the division; and
    4. “School district” means the same as defined in § 6-21-803.
  2. If at the close of the fiscal year a public school district has a net legal balance that exceeds twenty percent (20%) of the public school district's current year net legal balance revenues, the public school district shall within five (5) years reduce its net legal balance to no more than twenty percent (20%) of the public school district's current year net legal balance revenues.
  3. A public school district may reduce its excess net legal balance under subsection (a) of this section by:
      1. Transferring funds into the public school district's building fund.
      2. Any funds transferred into the public school district's building fund under subdivision (c)(1)(A) of this section shall be used for construction, renovation, repair, or other planned building fund expenditure or project allowed within building fund coding specifications in the latest version of the annual financial report and budget expenditures fund specification of the Arkansas Public School Computer Network.
      3. If the construction, renovation, repair, or other planned building fund expenditure or project under subdivision (c)(1)(B) of this section is cancelled or revised such that the funds are no longer dedicated to the construction, renovation, repair, or other planned building fund expenditure or project, the public school district may transfer the funds back into the fund from which the transfer was made under subdivision (c)(1)(A) of this section unless transferring the funds will result in the net legal fund balance exceeding twenty percent (20%) of the public school district's current year net legal balance revenues; or
    1. Spending funds on, including without limitation:
      1. Prekindergarten programs;
      2. Remediation programs;
      3. Career and technical education or workforce readiness programs; or
      4. Any other program or for any other purpose authorized by law.
    1. The division shall:
      1. Monitor on a yearly basis each public school district's compliance with the requirements of this section; and
      2. Withhold subsequent state funding from a public school district in the amounts under subdivision (d)(2) of this section for each year the public school district fails to make the required reduction.
    2. If a public school district fails to reduce every year within the five-year period its net legal balance by twenty percent (20%) of the total required reduction under subsection (b) of this section, the division shall withhold subsequent state funding from that public school district in an amount equal to the amount the public school district failed to reduce its net legal balance for that year.
    1. Under an unusual and limited circumstance, including without limitation an increase in one-time funds, a public school district may request that the division waive the requirements of this section.
    2. A public school district seeking a waiver shall file a waiver request with the Commissioner of Elementary and Secondary Education, accompanied by a resolution adopted by the public school district's board of directors, describing the unusual and limited circumstances.
    3. The commissioner may grant a waiver request under this subsection if the commissioner finds that the request is necessary based upon the unusual and limited circumstances.
  4. The division shall promulgate rules to implement this section.

History. Acts 2017, No. 1105, § 1; 2019, No. 910, §§ 1669-1671.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(4)(A); substituted “division” for “department” throughout the section; and substituted “Commissioner of Elementary and Secondary Education” for Commissioner of Education” in (e)(2).

Subchapter 23 — Public School Funding Act of 2003

A.C.R.C. Notes. Acts 2007, No. 272, § 1, provided: “Act 57 Compliance. The General Assembly declares this act to be in concordance with the study of the state's system of public education conducted in 2006 by the Adequacy Study Oversight Subcommittee, the House Interim Committee on Education, and the Senate Interim Committee on Education in compliance with Act 57 of the Second Extraordinary Session of 2003.”

Acts 2019, No. 1082, § 1, provided: “Legislative intent. The General Assembly finds that:

“(1) Full implementation of Arkansas' goal of a student-focused education system for all students will require most schools to rethink, if not restructure, their entire educational program and reallocate all current and any new resources to a restructured and more effective educational delivery;

“(2) Since 2005, two billion six hundred eighty-six million eight hundred five thousand eight hundred fifty dollars ($2,686,805,850) in national school lunch funds have been sent to public schools in Arkansas;

“(3) National school lunch state categorical programs are designed to provide extra help and strategies for struggling students and must be focused to target the needs of struggling students;

“(4) Current flexibility in national school lunch state categorical funding allowable expenditures has not shown that the funds have had a positive impact on student outcomes or successfully closed achievement gaps;

“(5) Public school districts spend the highest amount of national school lunch state categorical funds on curriculum specialists and instructional facilitators and other activities that are not specified by law or Department of Education rule that have been approved by the Department of Education, and transfer national school lunch state categorical funds to other categorical programs;

“(6) Thirty-four percent (34%) of Arkansas public students in grades three through ten (3-10) are scoring at the lowest level of performance on the ACT Aspire reading test;

“(7) Six (6) Core Strategies were included in the Odden and Picus Original 2003 Adequacy Report, the 2006 Recalibration report, and the 2014 Desk Audit, and all educational initiatives included in these reports and the funding used for the educational initiatives are backed by evidence-based research;

“(8) Arkansas's students must be prepared for college, careers, and citizenship in the current global economy, and work in the knowledge-based economy requires the same skills and expertise to go to college or to enter the work force after high school;

“(9) Public schools must deploy more powerful instructional strategies and use resources more productively, and need to change the curriculum that is used, the means of organizing instruction, and how resources are used;

“(10) Teacher development opportunities must be redesigned to provide personalized opportunities so that all teachers acquire the instructional expertise to educate all students by using the extensive professional development resources that are included in the funding model in the most effective ways;

“(11) Schools must reinforce achievement for struggling students by providing a series of extended learning opportunities, such as some combination of one-on-one and small group tutoring by a licensed teacher, extended-day learning, and summer school programs, and must hold performance standards high and vary instructional time so all students can achieve rigorous standards in order to work towards closing the achievement gap; and

“(12) The House Committee on Education and the Senate Committee on Education, meeting jointly, find it necessary to revise current national school lunch state categorical funding allowable expenditures in order to maximize the most effective use of funds and focus allowable expenditures on targeted programs that maximize student achievement.”

Effective Dates. Acts 2003 (2nd Ex. Sess.), No. 59, § 6: July 1, 2004. Effective date clause provided: “This act shall become effective on July 1, 2004.”

Acts 2005, No. 2283, § 3: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current funding provided for public schools is for the 2004-2005 school year; that it is necessary to fund school districts for the remainder of the biennium; and that this act is immediately necessary because changes in funding for school districts must be available for the 2005-2006 school year. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2005.”

Acts 2006 (1st Ex. Sess.), No. 19, § 10: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court declared the public school funding system to be inadequate and that public schools are operating under a constitutional infirmity which must be corrected immediately; that to correct the constitutional infirmity and to ensure adequate funding for public education, the General Assembly must revise the public school funding formula, revise laws regarding public school facilities, provide funding for retirement increases and limit additional increases; and enact other necessary reform measures; and that this act is immediately necessary to ensure that reform measures are available to public schools for the 2005-2006 and 2006-2007 school years. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2006 (1st Ex. Sess.), No. 21, § 3: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court found that the public school funding system continues to be inadequate and the public schools are operating under a constitutional infirmity which must be corrected immediately; that to correct the constitutional infirmity and to provide adequate funding for public education, the amount of funding provided to school districts with declining enrollment and the amount of special needs isolated funding provided to school districts with isolated schools should be increased; and that this act is necessary to allow the Department of Education and the Chief Fiscal Officer of the State sufficient time to make all necessary adjustments, calculations, and distributions to provide adequate funding for school districts with declining enrollments and isolated schools that receive special needs isolated funding. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Identical Acts 2006 (1st Ex. Sess.), Nos. 30 and 31, § 2: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court found that the public school funding system continues to be inadequate and the public schools are operating under a constitutional infirmity which must be corrected immediately; that to correct the constitutional infirmity and to provide adequate funding for public education, the amount and use of funding provided to school districts shall be revised; and that this act is necessary to allow the Department of Education and the Chief Fiscal Officer of the State sufficient time to make all necessary adjustments, calculations, and distributions. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 272, § 10: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the 2006 Act 57 study recommended that foundation funding and categorical funding be increased for the 2007-2008 and 2008-2009 school years; that the method of calculating the state foundation funding aid should be changed to ensure that all public school districts receive the full amount of foundation funding; and that this act is immediately necessary to ensure that public school districts receive adequate foundation funding for the 2007-2008 school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2007.”

Acts 2007, No. 273, § 2: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the 2006 Act 57 adequacy study recommended that foundation funding be increased for the 2007-2008 and 2008-2009 school years; that the method of calculating the state foundation funding aid should be changed to ensure that all public school districts receive the full amount of foundation funding plus an enhanced educational component of additional funding above and beyond adequate foundation funding; and that this act is immediately necessary to ensure that public school districts receive said funding for the 2007-2009 biennium. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2007.”

Acts 2007, No. 825, § 2: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the 2006 Act 57 study recommended that foundation funding and categorical funding be increased for the 2007-2008 and 2008-2009 school years; that the method of calculating the state foundation funding aid should be changed to ensure that all public school districts receive the full amount of foundation funding; and that this act is necessary to ensure that public school districts receive adequate foundation funding for the 2007-2008 school year. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2007.”

Acts 2009, No. 965, § 2: Apr. 6, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that accurate information is required to determine the correct funding for school districts; that variances in the distribution of excess commission payments to school districts can cause aberrations in revenue levels; and that this act is immediately necessary to ensure a school district receives all funding it is entitled to and is not penalized for irregularities in the distribution of excess commission payments. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1186, § 2: Apr. 7, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that accurate information is required to determine the correct funding for school districts; that variances in the distribution of excess commission payments to school districts can cause aberrations in revenue levels; and that this act is immediately necessary to ensure a school district receives all funds it is entitled to and is not penalized for irregularities in the distribution of excess commission payments. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1397, § 10: Apr. 9, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the constitutional obligation of the state to ensure that the state’s public school children receive an equal opportunity for an adequate education; that the timely and accurate collection and reporting by counties of the proceeds generated from the uniform rate of tax is necessary to ensure educational adequacy; that the Treasurer of State, the Department of Education, the Assessment Coordination Department, and the counties need to implement the reporting process required under this act so that timely and accurate calculations for public school funding will be made before the beginning of the 2009-2010 school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1450, § 2: July 1, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the obligation of the state to provide a substantially equal opportunity for an adequate education to the public students of this state; that public school district miscellaneous funds as defined by § 6-20-2303 are part of the foundation funding the General Assembly has determined is necessary to provide an adequate education; that the calculation of miscellaneous funds as amended by Senate Bill No. 814 of 2009 will cause some school districts to receive less state foundation funding aid than is needed for the 2008-2009 school year; and that this act is immediately necessary to ensure that the method of calculating miscellaneous funds used by the Department of Education will result in the correct calculation of the amount of state foundation funding aid to school districts for the 2008-2009 school year. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2009.”

Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 993, § 18: Apr. 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public charter schools; and that this act is immediately necessary so that the affected public charter schools will receive the amount of funding provided under this act for the current school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 1039, § 5: July 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state's constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to public schools and school districts; and that this act is immediately necessary so that public schools and school districts will receive the amount of funding provided under this act for the 2011-2012 school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2011.”

Acts 2011, No. 1118, § 5: July 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the constitutional obligation of the state to ensure that the state's public school children receive an equal opportunity for an adequate education; that to ensure that opportunity, it is essential that the state's public schools and education service cooperatives operate effective alternative learning environments; that the immediate effectiveness of this bill is necessary for the implementation of the funding changes and for the public schools and education service cooperatives to operate effective alternative learning environments under this bill throughout the state by the 2011-2012 school year; and that any delay in the effective date of this act could work irreparable harm to the quality of education available to students who are educated in alternative learning environments in this state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2011.”

Acts 2013, No. 557, § 3: Apr. 2, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Constitution requires the State of Arkansas to provide a general, suitable, and efficient system of public education that provides a substantially equal opportunity for an adequate education to all public school students; that school districts prepare their annual budgets based upon the distribution of funds under § 6-20-2305(a)(4); and that, in order to ensure that a substantially equal opportunity for an adequate education is provided, this act is immediately necessary so that a school district may prepare its budgets for the 2013-2014 school year based upon the new law. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 969, § 12: Apr. 8, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state's constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the professional development of public school teachers and administrators is critical to the delivery of a constitutionally adequate education; and that this act is immediately necessary for school districts and educators to prepare for the professional development requirements needed for the 2013-2014 school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 1467, § 7: July 1, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state's constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are necessary to ensure that proper funding is provided to public schools and school districts; and that this act is immediately necessary so that public schools and school districts will receive the amount of funding provided under this act for the 2013-2014 school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2013.”

Acts 2013 (1st Ex. Sess.), No. 2, § 5: July 1, 2014. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Public School Insurance Trust Fund is inadequate to provide affordable health insurance for public school employees; changes to the funding system for public school employee health insurance is necessary to ensure a stable and affordable program of health insurance plan options; and that this act is necessary to provide additional funding for public school employee health insurance. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2014.”

Acts 2015, No. 1248, § 7: Apr. 8, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that funding for public schools is the obligation of the state; that ensuring adequate funding is provided is the duty of the General Assembly; and that this act is immediately necessary to ensure that funding is provided for the 2015-2016 and 2016-2017 school years so that school districts can budget accordingly. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2017, No. 743, § 7: Mar. 29, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that funding for public schools is the obligation of the state; that ensuring that adequate funding is provided is the duty of the General Assembly; and that this act is immediately necessary to ensure that funding is provided for the 2017-2018 and 2018-2019 school years so that school districts can budget accordingly. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 667, § 6: Apr. 3, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that funding for public schools is the obligation of the state; that ensuring that adequate funding is provided is the duty of the General Assembly; and that this act is immediately necessary to ensure that funding is provided for the 2019-2020 and 2020-2021 school years so that school districts can budget accordingly. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto”.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-20-2301. Title.

This subchapter shall be known and may be cited as the “Public School Funding Act of 2003”.

History. Acts 2003 (2nd Ex. Sess.), No. 59, § 1.

6-20-2302. Legislative findings.

  1. The General Assembly recognizes that:
    1. Intelligence and virtue are the safeguards of liberty and the bulwark of a free and good government; and
    2. Arkansas Constitution, Article 14, § 1, requires the State of Arkansas to ever maintain a general, suitable, and efficient system of free public schools and to adopt all suitable means to secure to the people the advantages and opportunities of education.
  2. The General Assembly finds that because of the decision of the Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002), it is the absolute duty of the State of Arkansas to provide all public school children with an opportunity for an adequate education.
  3. The General Assembly finds that a suitable and efficient system of public education should:
    1. Assure the availability of substantially equal and constitutionally appropriate expenditures by the state for the education of each similarly situated child in the public schools, regardless of where that child resides within the state;
    2. Assure that each school-age child resides in a school district that offers a competitive minimum salary for classroom teachers;
    3. Assure that:
      1. All students graduating from high school are able to demonstrate a defined adequate level of competence in:
        1. English, oral communications, reading, and writing;
        2. Mathematics skills; and
        3. Science and social studies disciplines; and
      2. An adequate level of competence evolves over time to higher levels;
    4. Assure that students with disabilities have the opportunity to graduate from high school by demonstrating alternative competencies or alternative levels of competency;
    5. Assure that students who are not on track for high school graduation are identified at a sufficiently early date so that they may be provided an opportunity at a reasonable cost to achieve the minimum levels of competence necessary to graduate from high school;
    6. Recognize that graduating from high school requires that the students, as well as the parents or guardian of the students, work hard and assume appropriate responsibility for the students' success or failure;
    7. Encourage parental involvement in the public schools and in public school activities; and
    8. Recognize that early attention to and correction of student deficiencies are substantially less expensive and more effective than remedial efforts in the later school grades.
  4. The General Assembly recognizes that the supervision of public schools and the execution of the laws regulating the schools shall be vested in such officers as the General Assembly provides.
  5. It is the intent of this subchapter to provide a system of school funding that provides to each public school child in the State of Arkansas an opportunity for an adequate education.

History. Acts 2003 (2nd Ex. Sess.), No. 59, § 1.

6-20-2303. Definitions.

As used in this subchapter:

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

History. Acts 2003 (2nd Ex. Sess.), No. 59, § 1; 2005, No. 2283, § 1; 2007, No. 272, § 2; 2007, No. 461, § 1; 2007, No. 825, § 1; 2009, No. 154, § 1; 2009, No. 1397, §§ 1-3; 2009, No. 1450, § 1; 2009, No. 1469, §§ 14, 15; 2011, No. 989, § 73; 2011, No. 1118, § 3; 2013, No. 322, §§ 1, 2; 2013, No. 557, § 1; 2013, No. 969, § 10; 2013, No. 1138, § 51; 2015, No. 846, §§ 25-27; 2015, No. 1094, § 4; 2019, No. 757, § 48; 2019, No. 910, §§ 1672-1674.

Amendments. The 2009 amendment by No. 154 redesignated (11)(A); inserted (11)(A)(ii); and made related and stylistic changes.

The 2009 amendment by No. 1397 added “for the tax year used in a calculation made under this subchapter” in (10); and rewrote (13) and (17).

The 2009 amendment by No. 1450 inserted (11)(C).

The 2009 amendment by No. 1469 rewrote (3)(C) and (11).

The 2011 amendment by No. 989 inserted present (3)(C)(ii) and redesignated the remaining subdivisions accordingly.

The 2011 amendment by No. 1118 substituted “§ 6-48-101 et seq.” for “§ 6-18-508 and 6-18-509” in present (2); and deleted former (2)(B).

The 2013 amendment by No. 322 rewrote (11) [now (12)]; and substituted “under § 6-20-2305(a)(1)” for “and computed as the difference between the foundation funding amount established by the General Assembly and the sum of ninety-eight percent (98%) of the uniform rate of tax multiplied by the property assessment of the school district plus the miscellaneous funds of the school district under” in (21) [now (22)].

The 2013 amendment by No. 557 substituted “under § 6-20-2305(a)(4)” for “and computed as the difference between the foundation funding amount established by the General Assembly and the sum of ninety-eight percent (98%) of the uniform rate of tax multiplied by the property assessment of the school district plus the miscellaneous funds of the school district” in (21) [now (22)].

The 2013 amendment by No. 969 substituted “has the same meaning as the meaning given to the term under § 6-17-704” for “means a coordinated set of planned learning activities for teachers and administrators that are standards based” in (15)(A) [now (16)(A)].

The 2013 amendment by No. 1138 substituted “licensed” for “certified” throughout (9)(A) [now (10)(A)].

The 2015 amendment by No. 846 deleted “as interpreted in 7 C.F.R. § 245.9” at the end of (12)(A) [now (13)(A)]; substituted “in accordance with rules adopted by the state board” for “meal counts were taken by type” in (12)(B) [now (13)(B)]; added (12)(C) [now (13)(C)]; redesignated (17) [now (18)]; substituted “in which the school fiscal year began” for “immediately preceding the beginning of the current school year” throughout (17) [now (18)]; and added the definition of “Declining enrollment funding.”

The 2015 amendment by No. 1094 added (3)(C)(vi).

The 2019 amendment by No. 757 substituted “high-cost” for “catastrophic” in (21).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout the section.

Research References

Ark. L. Rev.

Mark A. Fritsche, Case Note: Kimbrell v. McCleskey: Rethinking the Constitutional Equality Requirement for Funding Arkansas's Public Schools, 67 Ark. L. Rev. 723 (2014).

6-20-2304. Rules — Access to information on legislation.

  1. The State Board of Education shall have the authority, acting pursuant to its rulemaking powers, to adopt rules for the implementation of the provisions of this subchapter.
  2. The state board shall provide access to legislation of the General Assembly concerning public school funding by the following methods:
    1. Including a link to the information on the Division of Elementary and Secondary Education website; and
    2. Requiring the superintendent of each public school district in the state to provide each member of the public school district's board of directors with:
      1. Information containing the website address where the member can access the specific legislation; or
      2. Upon request, a printed copy of the legislation.

History. Acts 2003 (2nd Ex. Sess.), No. 59, § 1; 2007, No. 1587, § 2; 2019, No. 315, § 298; 2019, No. 910, § 1675.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in (a).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(1).

6-20-2305. School funding.

      1. For each school year, each school district shall receive state foundation funding aid computed as the foundation funding amount under subdivision (a)(2) of this section less the sum of:
        1. Ninety-eight percent (98%) of the uniform rate of tax multiplied by the property assessment of the school district; and
        2. An amount of miscellaneous funds of the school district calculated under § 6-20-2308.
      2. The Division of Elementary and Secondary Education shall distribute state foundation funding aid to each school district in twelve (12) monthly payments.
      1. For the 2019-2020 school year, the foundation funding amount is equal to six thousand eight hundred ninety-nine dollars ($6,899) multiplied by the school district's average daily membership for the previous school year.
      2. For the 2020-2021 school year and each school year thereafter, the foundation funding amount is equal to seven thousand eighteen dollars ($7,018) multiplied by the school district's average daily membership for the previous school year.
      1. A school district that has experienced a decline in average daily membership over the two (2) immediately preceding school years shall receive:
        1. Declining enrollment funding equal to the difference between the average of the two (2) immediately preceding years' average daily memberships and the average daily membership for the previous school year multiplied by the amount of foundation funding set forth in subdivision (a)(2) of this section; or
        2. Special needs isolated funding under § 6-20-604.
      2. Any funding appropriated and available for declining enrollment funding under subdivision (a)(3)(A)(i) of this section or special needs isolated funding under § 6-20-604 that is not distributed under subdivision (a)(3)(A) of this section shall be prorated and distributed equally per average lost student to school districts that meet the qualifications for both declining enrollment funding under subdivision (a)(3)(A)(i) of this section and special needs isolated funding under § 6-20-604.
      3. No school district shall receive both declining enrollment funding under subdivision (a)(3)(A)(i) of this section and student growth funding under subsection (c) of this section.
        1. Except as provided in subdivisions (a)(4)(C) and (D) of this section, by the end of each school fiscal year, for a school district whose net revenues are less than the sum of ninety-eight percent (98%) of the uniform rate of tax multiplied by the property assessment of the school district, the Division of Elementary and Secondary Education shall distribute to the school district the difference between:
          1. The net revenues distributed to the school district as reported under § 26-80-101(b)(4)(A)(ii) for the calendar year immediately preceding the current school year; and
          2. The sum of ninety-eight percent (98%) of the uniform rate of tax multiplied by the property assessment of the school district.
        2. The Division of Elementary and Secondary Education may distribute to the school district a lesser amount than required under subdivisions (a)(4)(A)(i)(a) and (b) of this section if after the lesser amount is distributed the school district will receive the foundation funding amount under this subsection.
      1. For a school district whose net revenues are more than the sum of ninety-eight percent (98%) of the uniform rate of tax multiplied by the property assessment of the school district, the Division of Elementary and Secondary Education, under the authority of § 6-20-2306, shall recoup from the school district an amount equal to the difference between:
        1. The net revenues of the school district; and
        2. The sum of ninety-eight percent (98%) of the uniform rate of tax multiplied by the property assessment of the school district.
      2. The Division of Elementary and Secondary Education shall not distribute to a school district the funds under subdivision (a)(4)(A)(i) of this section if, regardless of the school district's tax collection rate, the school district's net revenues plus miscellaneous funds calculated under § 6-20-2308 meet or exceed the foundation funding amount set forth in this subsection.
        1. A county treasurer shall submit annually to the Division of Elementary and Secondary Education an annual summary report of all proceeds generated from ad valorem taxes and distributed by the county to a school district for the period beginning January 1 and ending on December 31 of the preceding calendar year to verify the receipt of revenues under § 26-80-101(b)(4)(A)(ii).
          1. The Division of Elementary and Secondary Education may adjust data appropriately if it determines that irregular distributions by a county treasurer of excess commissions cause a school district's property tax collection rate from the uniform rate of tax to exceed ninety-eight percent (98%).
          2. The Division of Elementary and Secondary Education may adjust the uniform rate of tax from an irregular distribution to an amount not in excess of ninety-eight percent (98%) and apply the excess distribution amount the following school year.
        2. Evidence of overlapping revenue reporting or irregular distributions shall be provided in the form required by the Division of Elementary and Secondary Education.
    1. In addition to state foundation funding aid, each school district shall receive funding for additional education categories as provided in subdivisions (b)(2)-(5) of this section.
        1. For each school year, alternative learning environment funding shall be four thousand seven hundred dollars ($4,700) multiplied by the number of identified alternative learning environment students enrolled during the previous school year.
        2. Funding for students in alternative learning environments shall be distributed based on rules promulgated by the State Board of Education.
          1. Beginning with the 2020-2021 school year, secondary vocational area center funding shall be established by a tiered funding structure for distributing vocational center aid for each full-time equivalent student, as defined by the Division of Career and Technical Education.
          2. The vocational center aid under subdivision (b)(2)(B)(i)(a) of this section shall be determined by the Division of Career and Technical Education and approved by the Career Education and Workforce Development Board.
        1. The Division of Career and Technical Education shall promulgate rules for:
          1. A tiered system of determining the amount of vocational center aid under subdivision (b)(2)(B)(i) of this section for each secondary vocational area center; and
          2. The method of distribution of the vocational center aid under subdivision (b)(2)(B)(i) of this section.
      1. For the 2019-2020 school year, funding for students who are identified as English-language learners shall be three hundred forty-five dollars ($345) for each identified English-language learner.
      2. Funding for English-language learners shall be distributed to public school districts for students who have been identified as not proficient in the English language based upon a state-approved English proficiency assessment instrument.
      3. Funds allocated for English-language learners to public school districts under this subchapter shall be expended only for eligible activities as identified in current rules promulgated by the State Board of Education and are a supplement to funding for national school lunch students provided in subdivision (b)(4) of this section.
      4. For the 2020-2021 school year and each school year thereafter, funding for students who are identified as English-language learners shall be three hundred fifty-two dollars ($352) for each identified English-language learner.
      1. Enhanced Student Achievement Funding for each identified national school lunch student shall be as follows:
        1. For a public school district in which ninety percent (90%) or more of the previous school year's enrolled students are national school lunch students, the amount of per-student Enhanced Student Achievement Funding is for each school year, one thousand five hundred seventy-six dollars ($1,576);
        2. For a public school district in which at least seventy percent (70%) but less than ninety percent (90%) of the previous school year's enrolled students are national school lunch students, the amount of per-student Enhanced Student Achievement Funding is for each school year, one thousand fifty-one dollars ($1,051); and
        3. For a public school district in which less than seventy percent (70%) of the previous school year's enrolled students are national school lunch students, the amount of per-student Enhanced Student Achievement Funding is for each school year, five hundred twenty-six dollars ($526).
          1. Except as provided under subdivision (b)(4)(B)(i)(c) of this section, Enhanced Student Achievement Funding under this subdivision (b)(4) shall be based on the number of national school lunch students for the immediately preceding school year determined under § 6-20-2303(13)(A).
          2. If the public school district is participating under 42 U.S.C. § 1759a, funding under this subdivision (b)(4) is based on the percentage determined in § 6-20-2303(13)(B) multiplied by the number of enrolled students for the immediately preceding school year.
          3. The per-student Enhanced Student Achievement Funding for an open-enrollment public charter school shall be based upon the current school year enrollment:
            1. In the initial year of operation for an open-enrollment public charter school; or
            2. In a year in which an open-enrollment public charter school adds a grade.
          1. If a public school district will receive in the current school year Enhanced Student Achievement Funding under subdivision (b)(4)(A) of this section that is based on a different per-student amount of Enhanced Student Achievement Funding than the public school district received in the immediately preceding school year, due to a percentage change in national school lunch students, the Division of Elementary and Secondary Education shall adjust the funding to the public school district in a transitional three-year period.
          2. The amount of Enhanced Student Achievement Funding under this subdivision (b)(4)(B)(ii) shall be increased or decreased in each year of a three-year transition period by one-third (1/3) of the difference between the amount of Enhanced Student Achievement Funding per student for the current year and the amount of Enhanced Student Achievement Funding per student for the immediately preceding year, adjusted for changes to the funding rates in subdivision (b)(4)(A) of this section.
          1. The Division of Elementary and Secondary Education shall establish rules to implement the transitional Enhanced Student Achievement Funding provided in subdivision (b)(4)(B)(ii) of this section.
          2. The rules shall include the methods of transition for a school district that:
            1. Experiences a decrease in the amount of Enhanced Student Achievement Funding per student under subdivision (b)(4)(A) of this section;
            2. Experiences an increase in the amount of Enhanced Student Achievement Funding per student under subdivision (b)(4)(A) of this section; or
            3. Within a three-year transition period, experiences both a decrease and an increase in the amount of Enhanced Student Achievement Funding per student under subdivision (b)(4)(A) of this section.
        1. Under no circumstances shall a public school district be entitled to receive more or less Enhanced Student Achievement Funding as a result of the transitional process than the public school district is otherwise entitled to receive under this subdivision (b)(4) based on the school district's national school lunch student population as a percentage of the public school district's entire student population.
          1. A public school district that has experienced a significant growth in enrolled students in the previous three (3) years shall receive funding for the expected increase in the number of national school lunch students based on the expected increase in enrolled students based on the levels of funding provided in this section for national school lunch students.
          2. The State Board of Education shall establish rules to be used by the Division of Elementary and Secondary Education to determine:
            1. The amount of growth necessary to qualify as significant growth;
            2. The expected increase in the number of national school lunch students based on the expected increase in enrolled students; and
            3. Which public school districts have experienced a significant growth in enrolled students as necessary to qualify for funding under this subdivision (b)(4)(B)(v).
          3. The Division of Elementary and Secondary Education shall not be required to adjust or fund a public school district's national school lunch students based on the current year's number of national school lunch students enrolled in the public school district or the average growth of students in the public school district.
          1. The State Board of Education shall establish by rule a list of approved programs and purposes for which funds allocated under this subdivision (b)(4) may be expended.
          2. School districts shall expend funds allocated under this subdivision (b)(4) for the programs or purposes on the State Board of Education's list of approved programs and purposes for which funds allocated under this subdivision (b)(4) may be expended, including without limitation:
            1. Classroom teachers, if the school district meets the minimum salary schedule under § 6-17-2403 without using funds provided under this subdivision (b)(4) and those teachers are used for the purposes delineated in this subdivision (b)(4);
            2. Before-school academic programs and after-school academic programs, including without limitation transportation to and from the before-school academic programs and after-school academic programs;
            3. Prekindergarten programs coordinated by the Department of Human Services;
            4. Tutors, teachers' aides, counselors, social workers, nurses, and curriculum specialists;
            5. Parent education;
            6. Summer programs;
            7. Early intervention programs;
            8. Materials, supplies, and equipment, including without limitation technology used for programs or purposes on the State Board of Education's list of approved programs and purposes for which funds allocated under this subdivision (b)(4) may be expended;
            9. Federal child nutrition programs, to the extent necessary to provide school meals without charge to all students under the United States Department of Agriculture Special Assistance Alternative “Provision 2” program under 42 U.S.C. § 1759a, as it existed on July 1, 2011;
            10. Federal child nutrition programs, to the extent necessary to provide school meals without charge to students otherwise eligible for reduced-price meals under the United States Department of Agriculture's National School Lunch Program or School Breakfast Program;
            11. Expenses directly related to funding a longer school day;
            12. Expenses directly related to funding a longer school year;
            13. Partnering with state-supported institutions of higher education and technical institutes to provide concurrent courses or technical education options for academic learning to students while those students are still in high school so that the students are college-ready and career-ready upon graduation from high school;
            14. Professional development as identified in the school district's support plan required under § 6-15-2914;
            15. Implementing components of the Arkansas Advanced Initiative for Math and Science, Inc.;
            16. The College and Career Coaches Program, as administered by the Division of Career and Technical Education under § 6-1-601 et seq.;
            17. Implementing a school-wide evidence-based program intended to close achievement gaps with an arts-infused curriculum;
            18. Dyslexia programs and interventions under § 6-41-601 et seq.; and
            19. Recruiting and retaining effective teachers, if the school district meets the minimum salary schedule under § 6-17-2403 without using funds provided under this subdivision (b)(4), by implementing:
              1. (i) Approaches identified within the school district's support plan required under § 6-15-2914 to address a disproportionate rate of low-income students or minority students being taught by ineffective teachers, teachers who teach out of their licensure content area, or inexperienced teachers, either within the school district or as compared to surrounding school districts, including without limitation strategies:
          3. For addressing teacher recruitment and retention, as recommended by the Division of Elementary and Secondary Education, including without limitation models for:
            1. Effective use of teacher leaders;
            2. Cultural responsiveness training; and
            3. Equity audits.
        1. A school district's support plan under this subdivision (b)(4)(C)(i)(b)(19)(A) shall include without limitation how the school district identified gaps in equitable access to effective teachers through a review of school-district and school-level data, student-growth data, a root-cause analysis, research of the strategies used to address the identified gaps, and the measures of the effectiveness of the strategies used, including without limitation student-growth data; and
        2. Notwithstanding any other provision of law, if the Division of Elementary and Secondary Education determines that a school district's expenditure of funds allocated under this subdivision (b)(4) would result in the school district's losing funding under any federal law, then the funds allocated to a school district under this subdivision (b)(4) may be expended for other academic programs or salaries.
        3. The Division of Elementary and Secondary Education may direct that a school district expend available funds on specified programs under subdivision (b)(4)(C)(i) of this section.
          1. By September 15 of each school year, a school district shall submit to the Division of Elementary and Secondary Education a report for the immediately preceding school year listing each program for which funds allocated under this subdivision (b)(4) were expended, the amount expended, and any other information required by the Division of Elementary and Secondary Education concerning the use of funds allocated under this subdivision (b)(4).
          2. The Division of Elementary and Secondary Education shall develop appropriate reporting forms for use by school districts to comply with subdivision (b)(4)(C)(v)(a) of this section.
        4. Each school district shall submit to the Division of Elementary and Secondary Education a report listing each program and purpose upon which funds allocated under this subdivision (b)(4) were expended, the amount expended, and any other information required by the Division of Elementary and Secondary Education concerning the receipt and use of funds allocated under this subdivision (b)(4).
        5. The Division of Elementary and Secondary Education shall promulgate rules and develop appropriate reporting forms for use by school districts to comply with this subdivision (b)(4)(C).
        1. By the end of each school year, each school district shall submit to the Division of Elementary and Secondary Education a report listing each program upon which funds allocated under this subdivision (b)(4) were expended, the amount expended, and any other information required by the Division of Elementary and Secondary Education.
        2. The Division of Elementary and Secondary Education shall develop appropriate reporting forms for use by school districts.
        1. The Division of Elementary and Secondary Education shall provide a report on the impact of national school lunch student categorical funding provided under this subdivision (b)(4) on closing the achievement gap to the House Committee on Education and the Senate Committee on Education by May 31 each even-numbered year, beginning in 2010.
        2. The report shall include information broken down by category as described in subdivision (b)(4)(A) of this section on:
          1. How school districts are spending national school lunch student categorical funds, including specific programs utilized by school districts;
          2. The amount of national school lunch student categorical funds transferred to another categorical fund, including an explanation of why the national school lunch student categorical funds were transferred; and
          3. The analysis of student achievement data evaluated in student achievement growth models as defined under § 6-15-2908 shall be expanded to include the evaluation of the best estimates of classroom, school, and school district effects on narrowing the achievement gap, in addition to the examination of student progress based on established value-added longitudinal calculations.
        3. The report shall be included in the General Assembly's biennial adequacy study to evaluate the adequacy of education in the state.
        1. By June 30, 2012, and by June 30 of each year thereafter, a school district shall spend a minimum of eighty-five percent (85%) of the school district's annual national school lunch state categorical funding allocation as provided under subdivision (b)(4)(C) of this section.
        2. A school district that on June 30, 2012, has a national school lunch state categorical funding balance in excess of fifteen percent (15%) of the school district's current year annual national school lunch state categorical funding allocation shall reduce its total national school lunch state categorical funding balance by at least ten percent (10%) each year so that by June 30, 2022, and by June 30 of each year thereafter, the school district has a balance of no more than fifteen percent (15%) of the school district's current year annual national school lunch state categorical funding allocation.
          1. Under an unusual and limited circumstance, including without limitation an increase in one-time funds or an unexpected decrease in school district revenues during a given year, a school district may request that the Division of Elementary and Secondary Education waive the requirements of this subdivision (b)(4)(F).
          2. A school district seeking a waiver shall file a waiver request with the commissioner, accompanied by a resolution adopted by the school district's board of directors, describing the unusual and limited circumstances.
        3. The commissioner may grant a waiver request under this subdivision (b)(4)(F) for up to one (1) year if the commissioner finds that the request is necessary based upon the unusual and limited circumstances.
          1. The Division of Elementary and Secondary Education shall monitor on a yearly basis each school district's compliance with the requirements of this subdivision (b)(4)(F).
          2. If a school district fails to comply with the requirements of this subdivision (b)(4)(F) during a school year, the Division of Elementary and Secondary Education may in the following school year withhold from that school district's national school lunch state categorical funding allocation an amount equal to the amount required to be spent by the school district in order to be in compliance with the requirements of this subdivision (b)(4)(F).
          3. The Division of Elementary and Secondary Education may redistribute amounts withheld under this subdivision (b)(4)(F) to other school districts entitled to receive national school lunch state categorical funding allocations.
            1. Isolated funding and special education high-cost occurrences funding shall be allocated and funded to school districts in a line item appropriation within the Public School Fund pursuant to law or rules promulgated by the State Board of Education; and
            2. Student growth funding is calculated as the sum of the following amounts:
              1. One quarter (¼) of the per-student foundation funding for the school district under subdivision (a)(2) of this section multiplied by the increase, if any, of each of the following:
              2. Excluding any increase resulting solely from consolidation or annexation with another school district; and
              3. If net revenues minus any recoupment under subdivision (a)(4)(B) of this section plus miscellaneous funds calculated under § 6-20-2308(b)(1)(A) exceed the foundation funding amount, a school district shall be eligible to receive the amount of calculated student growth funding that exceeds net revenues minus any recoupment under subdivision (a)(4)(B) of this section plus miscellaneous funds calculated under § 6-20-2308(b)(1)(A).
          4. The sum of subsections (a)-(c) of this section shall be the total state aid allocated and funded to school districts pursuant to this section.
            1. Funds distributed to school districts under subsection (b) of this section shall be expended on:
            2. On June 30, 2012, and on June 30 of each school year thereafter, if the total aggregate balance of all state categorical fund sources exceeds twenty percent (20%) of the school district's total aggregate annual state categorical fund allocations for the current school year, the school district shall reduce the total balance by ten percent (10%) each year until the school district's June 30 balance of aggregate annual categorical fund sources is twenty percent (20%) or less of the total aggregate annual state categorical fund allocations for the current school year.
            3. A school district may transfer funds received from any categorical fund source to another categorical fund source.
              1. The Division of Elementary and Secondary Education shall monitor on a yearly basis each school district's compliance with the requirements of this subsection.
              2. If a school district fails to comply with the requirements of this subsection during a school year, the Division of Elementary and Secondary Education may in the following school year withhold from that school district's categorical funding allocation an amount equal to the amount required to be spent by the school district in order to be in compliance with the requirements of this subsection.
              3. The Division of Elementary and Secondary Education may redistribute amounts withheld under this subsection to other school districts entitled to receive categorical funding allocations.
          5. In order for a school district to be entitled to state funds under the provisions of this subchapter, the school district shall satisfy the following requirements:
            1. Expenditures for any fiscal year shall not exceed the legal revenues for that fiscal year;
            2. The school district shall maintain records and make reports relative to attendance, receipts, and disbursements and other reports as required by the Division of Elementary and Secondary Education for the administration of this subchapter;
            3. The school district shall maintain proper financial records in accordance with the state's school accounting manual and rules promulgated by the State Board of Education;
              1. Each school year the school district shall file with the State Board of Education a salary schedule for its licensed employees that recognizes a minimum level of training and experience.
              2. The schedule shall reflect the actual pay practices of the school district, including all fringe benefits.
              3. Salary increments for experience or education, or both, shall be identified on the schedule; and
              1. All pupil attendance records shall be kept in their original form and shall be public records.
              2. The records shall be kept according to law and rules on paper or electronic forms either furnished or approved by the Division of Elementary and Secondary Education.
              3. After the school term has ended, the superintendent of the school district shall:
            1. By the end of each school year, each school district shall submit to the Division of Elementary and Secondary Education a report listing each program upon which funds allocated under subsection (b) of this section were expended, the amount expended, and any other information required by the Division of Elementary and Secondary Education.
            2. The Division of Elementary and Secondary Education shall develop appropriate reporting forms for use by school districts.
  1. The list of approved programs established before July 24, 2019, by the State Board of Education under subdivision (b)(4)(C)(i)(a) of this section shall expire on June 30, 2022.

(a) For reassignment;

(b) For differentiated pay plans to address identified shortage areas; and

(B) Levels of differentiated compensation that increase classroom teacher salaries based on a tiered system of licensure established by the State Board of Education under § 6-17-402.

(ii) Upon review of the school district's support plan required under § 6-15-2914, if the Commissioner of Elementary and Secondary Education determines that the school district has met the needs of students in the school district for whom the funding for additional educational categories under this subsection is provided and has prudently managed its resources, the commissioner shall give written approval of the detailed planned flexible use of excess national school lunch state categorical funds provided to the school district for up to two (2) years.

(5)(A) For the 2019-2020 school year, professional development funding shall be equal to an amount of up to thirty-two dollars and forty cents ($32.40) multiplied by the school district's previous school year average daily membership.

(B) For the 2020-2021 school year, professional development funding shall be equal to an amount of up to forty dollars and eighty cents ($40.80) multiplied by the school district's previous school year average daily membership.

(C) Funding for professional development for teachers in Arkansas public schools required under the Teacher Excellence and Support System, § 6-17-2801 et seq., other law or rule, or by the school district shall be used for professional development activities and materials that:

(i) Improve the knowledge, skills, and effectiveness of teachers;

(ii) Address the knowledge and skills of administrators and paraprofessionals concerning effective instructional strategies, methods, and skills;

(iii) Lead to improved student academic achievement; and

(iv) Provide training for school bus drivers as outlined in rules promulgated by the Commission for Arkansas Public School Academic Facilities and Transportation.

(D)(i) For the 2019-2020 and 2020-2021 school years, additional funding up to twelve million five hundred thousand dollars ($12,500,000), provided for professional development above the amount in subdivisions (b)(5)(A) and (B) of this section shall be used by the Division of Elementary and Secondary Education for the development and administration of professional learning communities for the benefit of public school districts.

(ii) (a) The Division of Elementary and Secondary Education shall promulgate rules to administer the additional professional development funding under subdivision (b)(5)(D)(i) of this section.

(b) The Division of Elementary and Secondary Education may partner with or choose a person, firm, corporation, or education service cooperative to provide the knowledge, skills, experience, and expertise for the development of a research-based process for the implementation of professional learning communities.

(c) Isolated funding under § 6-20-601, student growth funding, and special education high-cost occurrences funding shall be funded as follows:

(i) The school district's quarterly average daily membership for the fourth quarter of the previous school year over the average daily membership of the previous school year;

(ii) The school district's quarterly average daily membership for the first quarter of the current school year over the average daily membership of the previous school year;

(iii) The school district's quarterly average daily membership for the second quarter of the current year over the average daily membership of the previous school year; and

(iv) The school district's quarterly average daily membership for the third quarter of the current school year over the average daily membership of the previous school year;

(A) The students within each category of special needs for which the funds were allocated;

(B) Any students within any category of special needs under subsection (b) of this section as permitted by rules issued by the State Board of Education; or

(C) If the Division of Elementary and Secondary Education determines that a school district's expenditure of funds allocated under subsection (b) of this section would result in the school district's losing funding under any federal law, then the funds allocated to a school district under subsection (b) of this section may be expended for other academic programs or salaries as permitted by the Division of Elementary and Secondary Education.

(i) Keep the original attendance records on file for a period of three (3) school years; and

(ii) Make the original attendance records available for monitoring purposes during any day of the school term for the teachers or other persons designated to keep attendance.

History. Acts 2003 (2nd Ex. Sess.), No. 59, § 1; 2005, No. 2283, § 2; 2006 (1st Ex. Sess.), No. 19, § 3; 2006 (1st Ex. Sess.), No. 21, § 1; 2006 (1st Ex. Sess.), No. 30, § 1; 2006 (1st Ex. Sess.), No. 31, § 1; 2007, No. 272, §§ 3, 4, 6; 2007, No. 273, § 1; 2007, No. 461, §§ 2, 3; 2007, No. 811, § 2; 2007, No. 1590, §§ 1, 2; 2009, No. 965, § 1; 2009, No. 1186, § 1; 2009, No. 1369, § 1; 2009, No. 1397, § 4; 2009, No. 1469, §§ 16, 17; 2009, No. 1474, § 1; 2009, No. 1501, § 1; 2011, No. 633, § 1; 2011, No. 981, § 12; 2011, No. 993, § 2; 2011, 1039, §§ 2-4; 2011, No. 1209, § 9; 2011, No. 1220, §§ 1-4; 2013, No. 322, § 3; 2013, No. 420, § 6; 2013, No. 557, § 2; 2013, No. 1138, § 52; 2013, No. 1467, §§ 1-5; 2013, No. 1473, § 1; 2013 (1st Ex. Sess.), No. 2, § 4; 2015, No. 846, § 28; 2015, No. 994, § 1; 2015, No. 1248, §§ 1-5; 2017, No. 427, § 1; 2017, No. 741, §§ 6, 7; 2017, No. 743, §§ 1-5; 2017, No. 936, §§ 51-53; 2019, No. 179, § 2; 2019, No. 315, §§ 299, 300; 2019, No. 532, § 1; 2019, No. 667, §§ 1-4; 2019, No. 757, §§ 49, 50; 2019, No. 910, §§ 1676-1694; 2019, No. 1082, § 4; 2019, No. 1083, § 3.

A.C.R.C. Notes. Former § 6-20-2305(b)(4)(C)(i) (b) , referred to in subdivision (b)(4)(C)(ix) of this section, was repealed by Acts 2007, No. 1590, § 2. Former § 6-20-2305(b)(4)(C)(i) (b) read as follows:

(b) Through June 30, 2007, the State Board of Education shall approve the use of funds by a school district to supplement salaries for classroom teachers only under the following conditions:

(1) The school district meets the minimum teacher salary schedule in § 6-17-2403 without using funds provided under this subdivision (b)(4); and

(2) The school district is permitted to use funds provided under this subdivision (b)(4) to supplement salaries for classroom teachers only to the extent the school district was using funds provided under this subdivision (b)(4) to supplement salaries for classroom teachers as of January 1, 2006.”

Acts 2019, No. 179, § 1, provided: “Legislative intent.

It is the intent of the General Assembly that:

“(1) Funding for secondary vocational area centers should reflect a number of fast-changing factors, such as regional and statewide workforce priorities, as well as demand on an industry-by-industry basis;

“(2) The definition of ‘full time equivalent students’ and the funding level tied to the number of full time equivalent students be aligned with a regulatory system that allows the Department of Career Education to monitor and adjust these terms in response to the changing business environment;

“(3) The current funding structure of three thousand two hundred fifty dollars ($3,250) per full time equivalent student be discontinued in favor of establishing a tiered funding structure for distributing vocational center aid determined by the Department of Career Education and approved by the Career Education and Workforce Development Board; and

“(4) A tiered funding structure for distributing vocational center aid determined by the Department of Career Education and approved by the Career Education and Workforce Development Board take into account the different funding needs and costs of individual programs of study or the workforce needs of the State of Arkansas”.

Amendments. The 2009 amendment by identical acts Nos. 965 and 1186 added (a)(4)(C).

The 2009 amendment by No. 1369 added (b)(4)(E).

The 2009 amendment by No. 1397 rewrote (a)(4)(A)(i).

The 2009 amendment by No. 1469 rewrote (b)(4).

The 2009 amendment by No. 1474 rewrote (a)(2).

The 2009 amendment by No. 1501 rewrote (c)(2)(B) and added (c)(2)(C).

The 2011 amendment by No. 633 substituted “§ 26-80-101(b)(4)(A)(ii)” for “§ 26-26-2004” in (a)(4)(A)(i); in (a)(4)(C)(i), substituted “received” for “collected” and “under § 26-80-101(b)(4)(A)(ii)” for “in cooperation with the Assessment Coordination Department”; and, in (a)(4)(C)(iii), inserted “overlapping revenue reporting or” and “provided.”

The 2011 amendment by No. 981 deleted “as reported under § 26-26-2004” following “school district” in (a)(4)(A)(i).

The 2011 amendment by No. 993 redesignated (b)(4)(B)(i) (a) as (b)(4)(B)(i) (a)(1) and added “except as provided under” in the beginning; and added (b)(4)(B)(i) (c)

The 2011 amendment by No. 1209 rewrote (b)(5)(B).

The 2011 amendment by No. 1220 inserted (b)(4)(C)(i) (b)(9) through (b)(4)(C)(i) (b)(16) ; inserted “in the prior school year” in (b)(4)(C)(ix) (b)(1) ; inserted (b)(4)(F); and inserted present (e)(2) through (e)(4).

The 2011 amendment by No. 1039, in (a)(2)(A), substituted “2011-2012” for “2009-2010” and “six thousand one hundred forty-four dollars ($6,144)” for “five thousand nine hundred five dollars ($5,905)”; in (a)(2)(B), substituted “2012-2013” for “2010-2011” and “six thousand two hundred sixty-seven dollars ($6,267)” for “six thousand twenty-three dollars ($6,023)”; deleted former (a)(2)(C); in (b)(2)(A)(i), substituted “For the 2011-2012” for “Beginning with the 2007-2008” and “four thousand one hundred forty-five dollars ($4,145)” for “four thousand sixty-three dollars ($4,063)”; added (b)(2)(A)(ii); redesignated former (b)(2)(A)(ii) as (b)(2)(A)(iii); in (b)(3)(A), substituted “For the 2011-2012” for “Beginning with the 2007-2008” and “two hundred ninety-nine dollars ($299)” for “two hundred ninety-three dollars ($293)”; added (b)(3)(B); redesignated former (b)(3)(B) and (b)(3)(C) as present (b)(3)(C) and (b)(3)(D); deleted “Beginning with the 2009-2010 school year” preceding “National school lunch” in (b)(4)(A); substituted “one thousand five hundred eighteen dollars ($1,518) for the 2011-2012 school year, and one thousand five hundred forty-nine dollars ($1,549) for the 2012-2013 school year and for each school year thereafter” for “one thousand four hundred eighty-eight dollars ($1,488)” in (b)(4)(A)(i); substituted “one thousand twelve dollars ($1,012) for the 2011-2012 school year, and one thousand thirty-three dollars ($1,022) for the 2012-2013 school year and for each school year thereafter” for “nine hundred ninety-two dollars ($992)” in (b)(4)(A)(ii); substituted “five hundred six dollars ($506) for the 2011-2012 school year, and five hundred seventeen dollars ($517) for the 2012-2013 school year and each school year thereafter” for “four hundred ninety-six dollars ($496)” in (b)(4)(B)(iii); deleted “Beginning with the 2009-2010 school year” preceding “if a school” in (b)(4)(B)(ii) (a) ; and rewrote (b)(5).

The 2013 amendment by No. 322 subdivided part of (a)(1)(A) as (a)(1)(A)(i) and (ii); in (a)(1)(A), deleted “the difference between” following “computed as” and substituted “under” for “pursuant to”; and, in (a)(1)(A)(ii), substituted “An amount of” for “the” and added “calculated under § 6-20-2308” at the end.

The 2013 amendment by No. 420 substituted “Commission for Arkansas Public School Academic Facilities and Transportation” for “State Board of Education” in (b)(5)(C)(iv) [now (b)(5)(B)(iv)].

The 2013 amendment by No. 557 added subdivision designations in (a)(4)(A); substituted “Except as provided in subdivision (a)(4)(C) and (D) of this section, by” for “By” in (a)(4)(A)(i); added (a)(4)(A)(ii); added present (a)(4)(C); redesignated former (a)(4)(C) as present (a)(4)(D); in (a)(4)(D)(i), substituted “A school district shall submit annually to the Department of Education data” for “Data” and deleted “shall be received annually by the Department of Education”; substituted “The Department of Education may adjust data appropriately if it determines” for “Data may be appropriately adjusted by the Department of Education if it is determined” in (a)(4)(D)(ii) (a)

The 2013 amendment by No. 1138 substituted “licensed” for “certified” in (f)(4)(A).

The 2013 amendment by No. 1467, in (a)(2)(A), substituted “2013-2014” for “2011-2012” and “six thousand three hundred ninety-three dollars ($6,393)” for “six thousand one hundred forty-four dollars ($6,144)”; in (a)(2)(B), substituted “2014-2015” for “2012-2013”, inserted “and each school year thereafter”, and substituted “six thousand five hundred twenty-one dollars ($6,521)” for “six thousand two hundred sixty-seven dollars ($6,267)”; in (b)(2)(A)(i), substituted “2013-2014” for “2011-2012” and “four thousand three hundred five dollars ($4,305)” for “four thousand one hundred forty-five dollars ($4,145)”; in (b)(2)(A)(ii), substituted “2014-2015” for “2012-2013” and “four thousand three hundred eighty-three dollars ($4,383)” for “four thousand two hundred twenty-eight dollars ($4,228)”; in (b)(3)(A), substituted “2013-2014” for “2011-2012” and “three hundred eleven dollars ($311)” for “two hundred ninety-nine dollars ($299)”; in (b)(3)(B), substituted “2014-2015” for “2012-2013” and “three hundred seventeen dollars ($317)” for “three hundred five dollars ($305)”; in (b)(4)(A)(i), substituted “is” for “shall be one thousand five hundred eighteen dollars ($1,518) for the 2011-2012 school year, and” and deleted “for the 2012-2013 school year and for each school year thereafter”; in (b)(4)(A)(ii), substituted “is” for “shall be one thousand twelve dollars ($1,012) for the 2011-2012 school year, and” and deleted “for the 2012-2013 school year and for each school year thereafter”; in (b)(4)(A)(iii), substituted “per-student” for “per student”, “is” for “shall be five hundred six dollars ($506) for the 2011-2012 school year, and”, and deleted “for the 2012-2013 school year and each school year thereafter”; in (b)(5)(A), substituted “2013-2014” for “2011-2012” and “fifty-three dollars ($53.00)” for “fifty-one dollars ($51.00)”; in (b)(5)(B), substituted “2014-2015” for “2012-2013” and “fifty-four dollars ($54.00)” for “fifty-two dollars ($52.00)”.

The 2013 amendment by No. 1473 added (b)(4)(C)(i) (b)(17)

The 2013 (1st Ex. Sess.) amendment substituted “thirty-two dollars and forty cents ($32.40)” for “fifty-four dollars ($54.00)” in (b)(5)(B) [now (b)(5)(A)].

The 2015 amendment by No. 846 inserted “plus miscellaneous funds calculated under § 6-20-2308” in (a)(4)(C); and rewrote (a)(4)(D)(i).

The 2015 amendment by No. 994, in (b)(4)(C)(i) (b)(13) , substituted “state-supported” for “local”, inserted “and technical institutes”, and substituted “provide concurrent courses or technical education options for academic learning to” for “remediate”.

The 2015 amendment by No. 1248, in (a)(2)(A), substituted “2015-2016” for “2013-2014” and “six thousand five hundred eighty-four dollars ($6,584)” for “six thousand three hundred ninety-three dollars ($6,393)”; in (a)(2)(B), substituted “2016-2017” for “2014-2015” and “six thousand six hundred forty-six dollars ($6,646)” for “six thousand five hundred twenty-one dollars ($6,521)”; in (b)(2)(A)(i), substituted “2015-2016” for “2013-2014” and “four thousand four hundred seventy-one dollars ($4,471)” for “four thousand three hundred five dollars ($4,305)”; in (b)(2)(A)(ii), substituted “2016-2017” for “2014-2015” and “four thousand five hundred sixty dollars ($4,560)” for “four thousand three hundred eighty-three dollars ($4,383)”; in (b)(3)(A), substituted “2015-2016” for “2013-2014” and “three hundred twenty-four dollars ($324)” for “three hundred eleven dollars ($311)”; in (b)(3)(B), substituted “2016-2017” for “2014-2015” and “three hundred thirty-one dollars ($331)” for “three hundred seventeen dollars ($317)”; deleted “one thousand five hundred forty-nine dollars ($1,549)” from the end of (b)(4)(A)(i); added (b)(4)(A)(i) (a) and (b) ; deleted “one thousand thirty-three dollars ($1,033)” from the end of (b)(4)(A)(ii); added (b)(4)(A)(ii) (a) and (b) ; deleted “five hundred seventeen dollars ($517)” from the end of (b)(4)(A)(iii); added (b)(4)(A)(iii) (a) and (b) ; deleted former (b)(5)(B); and, in (b)(5), substituted “2015-2016 and 2016-2017 school years” for “2013-2014 school year” and “thirty-two dollars and forty cents ($32.40)” for “fifty-three dollars ($53.00)”.

The 2017 amendment by No. 427 added (b)(5)(C).

The 2017 amendment by No. 741 substituted “twelve (12) monthly payments” for “eleven (11) equal monthly payments” in (a)(1)(B); and rewrote (c)(2).

The 2017 amendment by No. 743, in (a)(2)(A), substituted “2017-2018” for “2015-2016” and “six thousand seven hundred thirteen dollars ($6,713)” for “six thousand five hundred eighty-four dollars ($6,584)”; in (a)(2)(B), substituted “2018-2019” for “2016-2017” and “six thousand seven hundred eighty-one dollars ($6,781)” for “six thousand six hundred forty-six dollars ($6,646)”; deleted former (b)(2)(A)(ii) and redesignated former (b)(2)(A)(iii) as present (b)(2)(A)(ii); in (b)(2)(A)(i), substituted “each” for “the 2015-2016” and “four thousand six hundred forty dollars ($4,640)” for “four thousand four hundred seventy-one dollars ($4,471)”; deleted former (b)(3)(B) and redesignated the remaining subdivisions accordingly; in (b)(3)(A), substituted “each” for “the 2015-2016” and “three hundred thirty-eight dollars ($338)” for “three hundred twenty-four dollars ($324)”; deleted former (b)(4)(A)(i) (a) and the designation for (b)(4)(A)(i) (b) ; substituted “for each” for “For the 2016-2017” in (b)(4)(A)(i); deleted former (b)(4)(A)(ii) (a) and the designation for (b)(4)(A)(ii) (b) ; in (b)(4)(A)(ii), substituted “a school district” for “school districts” and “for each” for “For the 2016-2017”; deleted former (b)(4)(A)(iii) (a) and the designation for (b)(4)(A)(iii) (b) ; in (b)(4)(A)(iii), substituted “a school district” for “school districts” and “for each” for “For the 2016-2017”; and substituted “each school year” for “the 2015-2016 and 2016-2017 school years” in (b)(5)(A).

The 2017 amendment by No. 936 substituted “school-level” for “comprehensive school” in (b)(4)(C)(iv) (a) , (b)(4)(C)(ix) (b)(5) , (b)(4)(C)(ix) (b)(6) , and (b)(4)(C)(ix) (b)(7) ; and substituted “§ 6-15-2908” for “§ 6-15-435” in (b)(4)(E)(ii) (c)

The 2019 amendment by No. 179 rewrote (b)(2)(B).

The 2019 amendment by No. 315 substituted “rules” for “regulations” in (f)(3) and (f)(5)(B).

The 2019 amendment by No. 532, in the introductory language (b)(4)(C)(i) (b) , substituted “for the programs” for “only on the programs” and substituted “including without limitation” for “which shall include, but are not limited to”; in (b)(4)(C)(i) (b)(2) , inserted “without limitation”; rewrote (b)(4)(C)(i) (b)(8) and (b)(4)(C)(i) (b)(14) ; added (b)(4)(C)(i) (b)(18) - (19) ; deleted former (b)(4)(C)(ii)-(iii); redesignated former (b)(4)(C)(iv) (a) as (b)(4)(C)(ii); in (b)(4)(C)(ii), substituted “plan required under § 6-15-2914” for “school level improvement plan”, deleted “has met the requirements of subdivisions (b)(4)(C)(ii) and (iii) of this section” following “is provided”, substituted “state categorical funds” for “student categorical funds”, and added “for up to two (2) years”; deleted former (b)(4)(C)(iv) (b) and (b)(4)(C)(v); redesignated former (b)(4)(C)(vi)-(viii) as (b)(4)(C)(iii)-(v); deleted (b)(4)(C)(ix); redesignated former (b)(4)(C)(x) as (b)(4)(C)(vi); deleted (b)(4)(C)(xi); redesignated former (b)(4)(C)(xii) as (b)(4)(C)(vii); and updated an internal reference and made stylistic changes.

The 2019 amendment by No. 667, in (a)(2)(A), substituted “2019-2020” for “2017-2018”, and “six thousand eight hundred ninety-nine dollars ($6,899)” for “six thousand seven hundred thirteen dollars ($6,713)”; in (a)(2)(B), substituted “2020-2021” for “2018-2019” and “seven thousand eighteen dollars ($7,018)” for “six thousand seven hundred eighty-one dollars ($6,781)”; in (b)(2)(A)(i), substituted “four thousand seven hundred dollars ($4,700)” for “four thousand six hundred forty dollars ($4,640)”; in (b)(3)(A), substituted “the 2019-2020” for “each”, and “three hundred forty-five dollars ($345)” for “three hundred thirty-eight dollars ($338)”; inserted “public” in (b)(3)(B) and (b)(3)(C); added (b)(3)(D); in (b)(5)(A), substituted “the 2019-2020” for “each”; inserted (b)(5)(B) and redesignated former (b)(5)(B) and (b)(5)(C) as (b)(5)(C) and (b)(5)(D); in (b)(5)(D)(i), added “For the 2019-2020 and 2020-2021 school years”, inserted “up to twelve million five hundred thousand dollars ($12,500,000)”, inserted “and (B)”, and substituted “subdivisions” for “subdivision”; and updated an internal reference.

The 2019 amendment by No. 757 substituted “school-level improvement plan” for “school improvement plan” in (b)(4)(C)(iii) [now deleted]; and substituted “special education high-cost occurrences” for “special education-catastrophic occurrences” in the introductory language of (c) and in (c)(1).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout the section; substituted “Division of Career and Technical Education” for “Department of Career Education” in (b)(4)(C)(i) (b)(16) ; and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b)(4)(C)(iv) (a) [now (b)(4)(C)(ii)].

The 2019 amendment by No. 1082 added (b)(4)(C)(i) (c)

The 2019 amendment by No. 1083 substituted “Enhanced Student Achievement Funding” for “national school lunch state categorical funding” and “public school district” for “school district” throughout (b)(4)(A) and (b)(4)(B).

Meaning of “this act”. Acts 2019, No. 1082, codified as §§ 6-15-2913, 6-15-2914, 6-20-2305.

Research References

Ark. L. Rev.

T.W. Brown, Recent Developments, School Funding - Arkansas Department of Education Not Permitted To Recoup Excess Tax Revenues from Wealthy School Districts, 66 Ark. L. Rev. 347 (2013).

Mark A. Fritsche, Case Note: Kimbrell v. McCleskey: Rethinking the Constitutional Equality Requirement for Funding Arkansas's Public Schools, 67 Ark. L. Rev. 723 (2014).

Case Notes

Illegal Exaction.

Summary judgment was properly awarded to the Arkansas Governor and state officials in an action claiming that they retained and unlawfully diverted funds derived from property taxes and allocated to the Arkansas Educational Excellence Trust Fund (EETF) because appellants did not show how the state used EETF funds to supplant its foundation funding aid contribution to reach the amount per student established pursuant to the statute. Fort Smith Sch. Dist. v. Beebe, 2009 Ark. 333, 322 S.W.3d 1 (2009).

Cited: Furnas v. Kimbrell, 2015 Ark. 148, 464 S.W.3d 116 (2015).

6-20-2306. Division of Elementary and Secondary Education to provide funding — Adjustments for overpayments.

  1. If the Division of Elementary and Secondary Education determines that an overpayment has been made to a school district under any appropriation authorized by this subchapter, the division may:
    1. Withhold the overpayment from subsequent state funding;
    2. Transfer the amount withheld for the overpayment to the line item appropriation from which the overpayment was initially made; or
    3. Request a refund from the school district in the amount of the overpayment.
  2. The school district shall comply as directed by the division.

History. Acts 2003 (2nd Ex. Sess.), No. 59, § 1; 2009, No. 376, § 43; 2019, No. 910, § 1695.

Amendments. The 2009 amendment made a minor stylistic change in the introductory language in (a); and substituted “or” for “and” in (a)(2).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the section heading and in the introductory language of (a); and substituted “division” for “department” in the introductory language of (a) and in (b).

Case Notes

Excess Funds.

Education commissioner, a department of education, and a state treasurer were not authorized to distribute excess funds to another school district under § 26-80-101(b)(1)(B); the retention of revenue in excess of foundation funding resulted in variations, which were contemplated by Ark. Const. art. 14, § 3(a). Moreover, the excess funds did not constitute an overpayment, such that the remedies in this section could have been implemented. Kimbrell v. McCleskey, 2012 Ark. 443, 424 S.W.3d 844 (2012).

6-20-2307. Property tax report.

In order to provide relevant information to the General Assembly impacting the funding of public education, upon approval of the Legislative Joint Auditing Committee, Arkansas Legislative Audit shall prepare a report regarding the assessment and collection of property taxes.

History. Acts 2007, No. 272, § 5.

6-20-2308. Calculation of miscellaneous funds.

  1. For the purpose of making an initial calculation of state foundation funding aid, the Division of Elementary and Secondary Education shall calculate the miscellaneous funds of a school district as:
    1. The aggregate amount of miscellaneous funds a school district received in the calendar year immediately preceding the beginning of the current school fiscal year; multiplied by
    2. The ratio of the uniform rate of tax to the school district's total millage rate in effect as of January 1 of the calendar year in which the school district received the miscellaneous funds.
    1. Except as provided under subdivision (b)(2) of this section, for a school district that receives state foundation funding aid and receives an aggregate amount of miscellaneous funds during the calendar year in which the current school fiscal year began that is less than the aggregate amount of miscellaneous funds the school district received in the calendar year immediately preceding the beginning of the current school fiscal year, by the end of the school fiscal year the division shall distribute to the school district an amount equal to the difference between:
      1. The amount of miscellaneous funds calculated for the calendar year in which the current school fiscal year began; and
      2. The amount of miscellaneous funds calculated for the calendar year immediately preceding the beginning of the current school fiscal year.
    2. The sum of the following amounts shall not exceed the foundation funding amount under § 6-20-2305(a)(2):
      1. State foundation funding aid for the current school fiscal year;
      2. The school district's miscellaneous funds calculated for the calendar year in which the school fiscal year began;
      3. Ninety-eight percent (98%) of the uniform rate of tax multiplied by the property assessment of the school district;
      4. A distribution under subdivision (b)(1) of this section; and
      5. A distribution or recoupment under § 6-20-2305(a)(4).
    1. Beginning with the 2014-2015 school fiscal year, the division shall recoup an overpayment of state funding under the authority provided by § 6-20-2306 for a school district that receives:
      1. State foundation funding aid; and
      2. An aggregate amount of miscellaneous funds for the calendar year in which the current school fiscal year began that is greater than the aggregate amount of miscellaneous funds it received in the calendar year immediately preceding the beginning of the current school fiscal year.
    2. The division shall recoup from the school district an amount equal to the difference between:
      1. The amount of miscellaneous funds calculated for the calendar year in which the current school fiscal year began; and
      2. The amount of miscellaneous funds calculated for the calendar year immediately preceding the beginning of the current school fiscal year.
    3. A recoupment from a school district under this subsection shall not exceed the amount of state foundation funding aid distributed to the school district for the school fiscal year on which the recoupment is based.

History. Acts 2013, No. 322, § 4; 2019, No. 910, §§ 1696-1699.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (a); and substituted “division” for “department” throughout the section.

6-20-2309. Enhanced transportation funding.

For the 2019-2020 school year and the 2020-2021 school year, in addition to the foundation funding provided to a school district under § 6-20-2305(a)(2), the Division of Elementary and Secondary Education shall distribute enhanced transportation funding to school districts each school year in the following amounts:

101000 DEWITT SCHOOL DISTRICT $0 104000 STUTTGART SCHOOL DISTRICT $0 201000 CROSSETT SCHOOL DISTRICT $0 203000 HAMBURG SCHOOL DISTRICT $60,295 302000 COTTER SCHOOL DISTRICT $0 303000 MOUNTAIN HOME SCHOOL DISTRICT $25,911 304000 NORFORK SCHOOL DISTRICT $104,796 401000 BENTONVILLE SCHOOL DISTRICT $0 402000 DECATUR SCHOOL DISTRICT $0 403000 GENTRY SCHOOL DISTRICT $0 404000 GRAVETTE SCHOOL DISTRICT $17,117 405000 ROGERS SCHOOL DISTRICT $0 406000 SILOAM SPRINGS SCHOOL DISTRICT $0 407000 PEA RIDGE SCHOOL DISTRICT $0 501000 ALPENA SCHOOL DISTRICT $24,246 502000 BERGMAN SCHOOL DISTRICT $0 503000 HARRISON SCHOOL DISTRICT $0 504000 OMAHA SCHOOL DISTRICT $51,867 505000 VALLEY SPRINGS SCHOOL DISTRICT $5,781 506000 LEAD HILL SCHOOL DISTRICT $112,425 601000 HERMITAGE SCHOOL DISTRICT $47,253 602000 WARREN SCHOOL DISTRICT $0 701000 HAMPTON SCHOOL DISTRICT $33,573 801000 BERRYVILLE SCHOOL DISTRICT $18,114 802000 EUREKA SPRINGS SCHOOL DISTRICT $0 803000 GREEN FOREST SCHOOL DISTRICT $0 901000 DERMOTT SCHOOL DISTRICT $53,863 903000 LAKESIDE SCHOOL DIST. (CHICOT) $82,635 1002000 ARKADELPHIA SCHOOL DISTRICT $2,631 1003000 GURDON SCHOOL DISTRICT $43,154 1101000 CORNING SCHOOL DISTRICT $60,720 1104000 PIGGOTT SCHOOL DISTRICT $0 1106000 RECTOR SCHOOL DISTRICT $73 1201000 CONCORD SCHOOL DISTRICT $93,581 1202000 HEBER SPRINGS SCHOOL DISTRICT $0 1203000 QUITMAN SCHOOL DISTRICT $0 1204000 WEST SIDE SCHOOL DIST. (CLEBURNE) $0 1304000 WOODLAWN SCHOOL DISTRICT $24,379 1305000 CLEVELAND COUNTY SCHOOL DISTRICT $9,201 1402000 MAGNOLIA SCHOOL DISTRICT $21,526 1408000 EMERSON-TAYLOR-BRADLEY SCHOOL DISTRICT $0 1503000 NEMO VISTA SCHOOL DISTRICT $0 1505000 WONDERVIEW SCHOOL DISTRICT $16,462 1507000 SOUTH CONWAY COUNTY SCHOOL DISTRICT $7,675 1601000 BAY SCHOOL DISTRICT $0 1602000 WESTSIDE CONS. SCH. DIST. (CRAIGHEAD) $22,962 1603000 BROOKLAND SCHOOL DISTRICT $0 1605000 BUFFALO IS. CENTRAL SCH. DIST. $0 1608000 JONESBORO SCHOOL DISTRICT $0 1611000 NETTLETON SCHOOL DISTRICT $17,312 1612000 VALLEY VIEW SCHOOL DISTRICT $0 1613000 RIVERSIDE SCHOOL DISTRICT $0 1701000 ALMA SCHOOL DISTRICT $0 1702000 CEDARVILLE SCHOOL DISTRICT $66,366 1703000 MOUNTAINBURG SCHOOL DISTRICT $103,162 1704000 MULBERRY PVB SCHOOL DISTRICT $0 1705000 VAN BUREN SCHOOL DISTRICT $0 1802000 EARLE SCHOOL DISTRICT $54,471 1803000 WEST MEMPHIS SCHOOL DISTRICT $0 1804000 MARION SCHOOL DISTRICT $5,539 1901000 CROSS COUNTY SCHOOL DISTRICT $45,233 1905000 WYNNE SCHOOL DISTRICT $0 2002000 FORDYCE SCHOOL DISTRICT $0 2104000 DUMAS SCHOOL DISTRICT $0 2105000 MCGEHEE SCHOOL DISTRICT $3,675 2202000 DREW CENTRAL SCHOOL DISTRICT $61,475 2203000 MONTICELLO SCHOOL DISTRICT $0 2301000 CONWAY SCHOOL DISTRICT $0 2303000 GREENBRIER SCHOOL DISTRICT $0 2304000 GUY-PERKINS SCHOOL DISTRICT $0 2305000 MAYFLOWER SCHOOL DISTRICT $0 2306000 MT. VERNON/ENOLA SCHOOL DISTRICT $5,980 2307000 VILONIA SCHOOL DISTRICT $9,489 2402000 CHARLESTON SCHOOL DISTRICT $0 2403000 COUNTY LINE SCHOOL DISTRICT $64,254 2404000 OZARK SCHOOL DISTRICT $18,881 2501000 MAMMOTH SPRING SCHOOL DISTRICT $49,654 2502000 SALEM SCHOOL DISTRICT $79,381 2503000 VIOLA SCHOOL DISTRICT $120,815 2601000 CUTTER-MORNING STAR SCHOOL DISTRICT $0 2602000 FOUNTAIN LAKE SCHOOL DISTRICT $0 2603000 HOT SPRINGS SCHOOL DISTRICT $0 2604000 JESSIEVILLE SCHOOL DISTRICT $0 2605000 LAKE HAMILTON SCHOOL DISTRICT $0 2606000 LAKESIDE SCHOOL DIST. (GARLAND) $0 2607000 MOUNTAIN PINE SCHOOL DISTRICT $41,072 2703000 POYEN SCHOOL DISTRICT $0 2705000 SHERIDAN SCHOOL DISTRICT $0 2803000 MARMADUKE SCHOOL DISTRICT $7,970 2807000 GREENE COUNTY TECH SCHOOL DISTRICT $0 2808000 PARAGOULD SCHOOL DISTRICT $0 2901000 BLEVINS SCHOOL DISTRICT $0 2903000 HOPE SCHOOL DISTRICT $0 2906000 SPRING HILL SCHOOL DISTRICT $0 3001000 BISMARCK SCHOOL DISTRICT $84,856 3002000 GLEN ROSE SCHOOL DISTRICT $0 3003000 MAGNET COVE SCHOOL DIST. $0 3004000 MALVERN SCHOOL DISTRICT $26,571 3005000 OUACHITA SCHOOL DISTRICT $0 3102000 DIERKS SCHOOL DISTRICT $37,914 3104000 MINERAL SPRINGS SCHOOL DISTRICT $0 3105000 NASHVILLE SCHOOL DISTRICT $0 3201000 BATESVILLE SCHOOL DISTRICT $36,385 3209000 SOUTHSIDE SCHOOL DISTRICT (INDEPENDENCE) $0 3211000 MIDLAND SCHOOL DISTRICT $47,872 3212000 CEDAR RIDGE SCHOOL DISTRICT $73,912 3301000 CALICO ROCK SCHOOL DISTRICT $19,654 3302000 MELBOURNE SCHOOL DISTRICT $71,653 3306000 IZARD COUNTY CONSOLIDATED SCHOOL DISTRICT $146,754 3403000 NEWPORT SCHOOL DISTRICT $0 3405000 JACKSON CO. SCHOOL DISTRICT $1,805 3502000 DOLLARWAY SCHOOL DISTRICT $83,150 3505000 PINE BLUFF SCHOOL DISTRICT $3,969 3509000 WATSON CHAPEL SCHOOL DISTRICT $47,591 3510000 WHITE HALL SCHOOL DISTRICT $0 3601000 CLARKSVILLE SCHOOL DISTRICT $0 3604000 LAMAR SCHOOL DISTRICT $0 3606000 WESTSIDE SCHOOL DIST. (JOHNSON) $18,693 3704000 LAFAYETTE COUNTY SCHOOL DISTRICT $137,432 3804000 HOXIE SCHOOL DISTRICT $0 3806000 SLOAN-HENDRIX SCHOOL DISTRICT $0 3809000 HILLCREST SCHOOL DISTRICT $0 3810000 LAWRENCE COUNTY SCHOOL DISTRICT $0 3904000 LEE COUNTY SCHOOL DISTRICT $59,384 4003000 STAR CITY SCHOOL DISTRICT $67,480 4101000 ASHDOWN SCHOOL DISTRICT $68,722 4102000 FOREMAN SCHOOL DISTRICT $0 4201000 BOONEVILLE SCHOOL DISTRICT $23,921 4202000 MAGAZINE SCHOOL DISTRICT $22,012 4203000 PARIS SCHOOL DISTRICT $17,783 4204000 SCRANTON SCHOOL DISTRICT $5,180 4301000 LONOKE SCHOOL DISTRICT $0 4302000 ENGLAND SCHOOL DISTRICT $17,152 4303000 CARLISLE SCHOOL DISTRICT $8,993 4304000 CABOT SCHOOL DISTRICT $0 4401000 HUNTSVILLE SCHOOL DISTRICT $31,242 4501000 FLIPPIN SCHOOL DISTRICT $0 4502000 YELLVILLE-SUMMIT SCHOOL DIST. $68,646 4602000 GENOA CENTRAL SCHOOL DISTRICT $0 4603000 FOUKE SCHOOL DISTRICT $85,220 4605000 TEXARKANA SCHOOL DISTRICT $0 4701000 ARMOREL SCHOOL DISTRICT $0 4702000 BLYTHEVILLE SCHOOL DISTRICT $0 4706000 RIVERCREST SCHOOL DIST. $43,339 4708000 GOSNELL SCHOOL DISTRICT $12,761 4712000 MANILA SCHOOL DISTRICT $0 4713000 OSCEOLA SCHOOL DISTRICT $0 4801000 BRINKLEY SCHOOL DISTRICT $4,288 4802000 CLARENDON SCHOOL DISTRICT $0 4901000 CADDO HILLS SCHOOL DISTRICT $148,828 4902000 MOUNT IDA SCHOOL DISTRICT $49,776 5006000 PRESCOTT SCHOOL DISTRICT $0 5008000 NEVADA SCHOOL DISTRICT $35,136 5102000 JASPER SCHOOL DISTRICT $0 5106000 DEER/MT. JUDEA SCHOOL DISTRICT $0 5201000 BEARDEN SCHOOL DISTRICT $54,835 5204000 CAMDEN FAIRVIEW SCHOOL DISTRICT $66,684 5205000 HARMONY GROVE SCHOOL DISTRICT (OUACHITA) $0 5301000 EAST END SCHOOL DISTRICT $11,565 5303000 PERRYVILLE SCHOOL DISTRICT $41,602 5401000 BARTON-LEXA SCHOOL DISTRICT $0 5403000 HELENA/W. HELENA SCHOOL DIST. $48,197 5404000 MARVELL-ELAINE SCHOOL DISTRICT $0 5502000 CENTERPOINT SCHOOL DISTRICT $32,842 5503000 KIRBY SCHOOL DISTRICT $40,592 5504000 SOUTH PIKE COUNTY SCHOOL DISTRICT $31,636 5602000 HARRISBURG SCHOOL DISTRICT $36,518 5604000 MARKED TREE SCHOOL DISTRICT $0 5605000 TRUMANN SCHOOL DISTRICT $0 5608000 EAST POINSETT CO. SCHOOL DIST. $0 5703000 MENA SCHOOL DISTRICT $60,868 5706000 OUACHITA RIVER SCHOOL DISTRICT $0 5707000 COSSATOT RIVER SCHOOL DISTRICT $0 5801000 ATKINS SCHOOL DISTRICT $26,988 5802000 DOVER SCHOOL DISTRICT $26,874 5803000 HECTOR SCHOOL DISTRICT $99,997 5804000 POTTSVILLE SCHOOL DISTRICT $0 5805000 RUSSELLVILLE SCHOOL DISTRICT $0 5901000 DES ARC SCHOOL DISTRICT $22,991 5903000 HAZEN SCHOOL DISTRICT $62,716 6001000 LITTLE ROCK SCHOOL DISTRICT $65,862 6002000 N. LITTLE ROCK SCHOOL DISTRICT $0 6003000 PULASKI COUNTY SPECIAL SCHOOL DISTRICT $0 6004000 JACKSONVILLE NORTH PULASKI SCHOOL DISTRICT $87,187 6102000 MAYNARD SCHOOL DISTRICT $58,172 6103000 POCAHONTAS SCHOOL DISTRICT $0 6201000 FORREST CITY SCHOOL DISTRICT $0 6205000 PALESTINE-WHEATLEY SCH. DIST. $0 6301000 BAUXITE SCHOOL DISTRICT $0 6302000 BENTON SCHOOL DISTRICT $0 6303000 BRYANT SCHOOL DISTRICT $0 6304000 HARMONY GROVE SCH. DIST. (SALINE) $0 6401000 WALDRON SCHOOL DISTRICT $0 6502000 SEARCY COUNTY SCHOOL DISTRICT $8,561 6505000 OZARK MOUNTAIN SCHOOL DISTRICT $0 6601000 FORT SMITH SCHOOL DISTRICT $0 6602000 GREENWOOD SCHOOL DISTRICT $117 6603000 HACKETT SCHOOL DISTRICT $0 6605000 LAVACA SCHOOL DISTRICT $0 6606000 MANSFIELD SCHOOL DISTRICT $51,141 6701000 DE QUEEN SCHOOL DISTRICT $0 6703000 HORATIO SCHOOL DISTRICT $737 6802000 CAVE CITY SCHOOL DISTRICT $34,174 6804000 HIGHLAND SCHOOL DISTRICT $42,378 6901000 MOUNTAIN VIEW SCHOOL DISTRICT $0 7001000 EL DORADO SCHOOL DISTRICT $0 7003000 JUNCTION CITY SCHOOL DISTRICT $91,056 7007000 PARKERS CHAPEL SCHOOL DIST. $0 7008000 SMACKOVER-NORPHLET $0 7009000 STRONG-HUTTIG SCHOOL DISTRICT $101,177 7102000 CLINTON SCHOOL DISTRICT $23,915 7104000 SHIRLEY SCHOOL DISTRICT $54,906 7105000 SOUTH SIDE SCH. DIST. (VAN BUREN) $0 7201000 ELKINS SCHOOL DISTRICT $23,158 7202000 FARMINGTON SCHOOL DISTRICT $0 7203000 FAYETTEVILLE SCHOOL DISTRICT $0 7204000 GREENLAND SCHOOL DISTRICT $0 7205000 LINCOLN CONSOLIDATED SCHOOL DISTRICT $53,454 7206000 PRAIRIE GROVE SCHOOL DISTRICT $0 7207000 SPRINGDALE SCHOOL DISTRICT $0 7208000 WEST FORK SCHOOL DISTRICT $48,426 7301000 BALD KNOB SCHOOL DISTRICT $0 7302000 BEEBE SCHOOL DISTRICT $0 7303000 BRADFORD SCHOOL DISTRICT $22,442 7304000 WHITE CO. CENTRAL SCHOOL DIST. $0 7307000 RIVERVIEW SCHOOL DISTRICT $0 7309000 PANGBURN SCHOOL DISTRICT $43,942 7310000 ROSE BUD SCHOOL DISTRICT $89,778 7311000 SEARCY SCHOOL DISTRICT $0 7401000 AUGUSTA SCHOOL DISTRICT $0 7403000 MCCRORY SCHOOL DISTRICT $0 7503000 DANVILLE SCHOOL DISTRICT $0 7504000 DARDANELLE SCHOOL DISTRICT $0 7509000 WESTERN YELL CO. SCHOOL DIST. $31,018 7510000 TWO RIVERS SCHOOL DISTRICT $100,452

Click to view table.

History. Acts 2017, No. 743, § 6; 2019, No. 667, § 5; 2019, No. 910, § 1700.

Amendments. The 2019 amendment by No. 667 substituted “2019-2020” for “2017-2018” and “2020-2021” for “2018-2019” in the introductory language; and updated the table.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language.

Subchapter 24 — Supplemental School District Funding Act of 2003

6-20-2401 — 6-20-2407. [Repealed.]

Publisher's Notes. This subchapter, concerning the Supplemental School District Funding Act of 2003, was repealed by Acts 2005, No. 2206, § 2. The subchapter was derived from the following sources:

6-20-2401. Acts 2003 (2nd Ex. Sess.), No. 69, § 1.

6-20-2402. Acts 2003 (2nd Ex. Sess.), No. 69, § 1.

6-20-2403. Acts 2003 (2nd Ex. Sess.), No. 69, § 1.

6-20-2404. Acts 2003 (2nd Ex. Sess.), No. 69, § 1.

6-20-2405. Acts 2003 (2nd Ex. Sess.), No. 69, § 1.

6-20-2406. Acts 2003 (2nd Ex. Sess.), No. 69, § 1.

6-20-2407. Acts 2003 (2nd Ex. Sess.), No. 69, § 1.

Subchapter 25 — Arkansas Public School Academic Facilities Funding Act

Effective Dates. Acts 2005, No. 2206, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court has determined that current public school academic facilities in Arkansas are inadequate and inequitable; that the General Assembly established the Joint Committee on Educational Facilities to inventory the current condition of public school academic facilities and recommend methods for bringing public school academic facilities into conformity with the court's constitutional expectations; that the programs established in this act are derived from recommendations of the joint committee and are part of a comprehensive program for overseeing the provision of constitutionally appropriate public school academic facilities across the state; that this program must be implemented immediately for the good of public school students in Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety, shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Identical Acts 2006 (1st Ex. Sess.), Nos. 34 and 35, § 2: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court found that the public school funding system continues to be inadequate and the public schools are operating under a constitutional infirmity which must be corrected immediately; that some school districts may be unable to raise local resources necessary to qualify for state financial participation under the Arkansas Public School Academic Facilities Funding Act, § 6-21-2501 et seq., and may not receive any state financial assistance for academic facilities as a result; and that this act is immediately necessary to begin the development of a program to address the potential financial needs of school districts in extraordinary financial circumstances. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 625, § 4: March 28, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the state's public schools in some cases may not be adequately insured to provide for the rebuilding of classrooms and facilities and continuing the provision of a quality education; that uninsured losses harm the state's ability to establish and maintain appropriate educational facilities for its students; and that this act is necessary to ensure that the Commission for Arkansas Public School Academic Facilities and Transportation in consultation with the Insurance Commissioner examine and address the state's public facility insurance needs to immediately address any deficiencies and maximize the state's educational resources. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013 (1st Ex. Sess.), No. 1, § 3: July 1, 2014. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Public School Insurance Trust Fund is inadequate to provide affordable health insurance for public school employees; changes to the funding system for public school employee health insurance is necessary to ensure a stable and affordable program of health insurance plan options; and that this act is necessary to provide additional funding for public school employee health insurance. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2014.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-20-2501. Title.

This subchapter is known as and may be cited as the “Arkansas Public School Academic Facilities Funding Act”.

History. Acts 2005, No. 2206, § 1.

6-20-2502. Definitions.

As used in this subchapter:

    1. For fiscal years 2024-2025 and each year thereafter, “academic facilities wealth index” means a percentage derived from the following computations:
      1. Determine the value of one (1) mill per student in each school district as follows:
        1. Multiply the value of one (1) mill by the total assessed valuation of taxable real, personal, and utility property in the school district as shown by the applicable county assessment for the most recent year; and
        2. Divide the product from subdivision (1)(A)(i)(a) of this section by the largest average daily membership of a school district over the previous decade;
        1. Calculate each school district's relative median income by dividing the household median income for the area served by each school district by the household median income of the school district with the highest household median income.
        2. The household median income used in subdivision (1)(A)(ii)(a) of this section shall be the household median income as estimated by the United States Bureau of the Census's American Community Survey;
      2. Calculate the median income per mill value by multiplying each school district's value of one (1) mill per student as calculated under subdivision (1)(A)(i) of this section by the school district's relative median income as calculated under subdivision (1)(A)(ii)(a) of this section; and
      3. Identify the school district at the ninety-fifth percentile according to the value calculated under subdivision (1)(A)(iii) of this section by:
        1. Determining student millage rankings by listing the median income per mill value under subdivision (1)(A)(iii) of this section for each school district from districts with the lowest median income per mill value to school districts with the highest median income per mill value;
        2. Allocating the student millage rankings into percentiles with the first percentile containing the one percent (1%) of students based on the prior year average daily membership with the lowest value per mill and the one-hundredth percentile containing the one percent (1%) of students with the highest value per mill;
        3. Dividing the median income per mill value as computed under subdivision (1)(A)(iii) of this section by the amount corresponding to the ninety-fifth percentile of the student millage rankings under subdivision (1)(A)(iv)(b) of this section; and
        4. Every school district with a wealth index of one (1.00) or greater will be funded at the same level as the first school district with a wealth index below one (1.00), except that funding under this subdivision (1)(A)(iv)(d) shall not exceed the amount of funding provided to a school district with a wealth index of nine hundred ninety-five thousandths (0.995).
    2. For fiscal years 2022-2023, “academic facilities wealth index” means a percentage derived from the following computations:
      1. Determine the value of one (1) mill per student in each school district as follows:
        1. Multiply the value of one (1) mill by the total assessed valuation of taxable real, personal, and utility property in the school district as shown by the applicable county assessment for the most recent year; and
        2. Divide the product from subdivision (1)(B)(i)(a) of this section by the prior year average daily membership of the school district or the prior three-year average of the school district's average daily membership, whichever is greater;
      2. Determine student millage rankings by listing the computation under subdivision (1)(B)(i) of this section for each school district from school districts with the lowest value per mill to school districts with the highest value per mill;
      3. Allocate the student millage rankings into percentiles with the first percentile containing the one percent (1%) of students with the lowest value per mill and the one-hundredth percentile containing the one percent (1%) of students with the highest value per mill;
      4. Divide the value of one (1) mill per student in each school district as computed under subdivision (1)(B)(i) of this section by the amount corresponding to the ninety-fifth percentile of the student millage rankings under subdivision (1)(B)(iii) of this section;
      5. Every school district with a wealth index of one (1.00) or greater will be funded at the same level as the first school district with a wealth index below one (1.00), except that funding under this subdivision (1)(B)(v) shall not exceed the amount of funding provided to a school district with a wealth index of nine hundred ninety-five thousandths (0.995);
      6. Subtract the academic facilities wealth index as determined under subdivisions (1)(B)(iv) and (v) of this section from the academic facilities wealth index as determined under subdivision (1)(A)(iv) of this section;
      7. Divide the result from subdivision (1)(B)(vi) of this section by two (2); and
      8. Add the value from subdivision (1)(B)(iv) of this section with the number calculated in subdivision (1)(B)(vii) of this section.
      1. The percentage derived from the computation under subdivision (1)(A)(iv) of this section is the academic facilities wealth index for a school district, which shall be computed annually and used to determine the amount of the school district's share of financial participation in a local academic facilities project eligible for state financial participation under priorities established by the Division of Public School Academic Facilities and Transportation.
      2. The state's share of financial participation in a local academic facilities project eligible for state financial participation under priorities established by the division is the percentage derived from subtracting the school district's percentage share of financial participation determined under subdivision (1)(C)(i) of this section from one hundred percent (100%).
    3. A school district identified as a high-growth school district as defined in § 6-20-2511 shall receive the lesser of the wealth index as calculated under the formulas under subdivisions (1)(A) and (B) of this section until the school district fails to meet the definition of a high-growth school district as defined in § 6-20-2511 for two (2) consecutive years;
    1. “Academic facility” means a building or space, including related areas such as the physical plant and grounds, where students receive instruction that is an integral part of an adequate education as described in § 6-20-2302.
      1. A public school building or space, including related areas such as the physical plant and grounds, used for an extracurricular activity or an organized physical activity course as defined in § 6-16-137 shall not be considered an academic facility for the purposes of this subchapter to the extent that the building, space, or related area is used for extracurricular activities or organized physical activities courses, except for physical educational training and instruction under § 6-16-132.
      2. The division shall determine the extent to which a building, space, or related area is used for extracurricular activities or organized physical activities courses based on information supplied by the school district and, if necessary, on-site inspection.
      3. A leased facility shall not be considered an academic facility for the purpose of this subchapter.
    2. Buildings or spaces, including related areas such as the physical plant and grounds, used for prekindergarten education shall not be considered academic facilities for purposes of this subchapter.
    3. District administration buildings and spaces, including related areas such as the physical plant and grounds, shall not be considered academic facilities for the purposes of this subchapter;
    1. “Average daily membership” means the total number of days of school attended plus the total number of days absent by students in kindergarten through grade twelve (K-12) during the first three (3) quarters of each school year divided by the number of school days actually taught in the school district during that period of time rounded up to the nearest hundredth.
    2. As applied to this subchapter, students who may be counted for average daily membership are:
      1. Students who reside within the boundaries of the school district and who are enrolled in a public school operated by the school district;
      2. Legally transferred students living outside the school district but attending a public school in the school district; and
      3. Students who are eligible to attend and reside within the boundaries of a school district and who are enrolled in the Arkansas National Guard Youth Challenge Program, so long as the students are participants in the program;
  1. “Building” means a structure used or intended for supporting or sheltering any use or occupancy;
  2. “Facility condition index” means a methodology established by the division for comparing the cost of repairing the condition of a public school academic facility to the cost of replacing the public school academic facility with a public school academic facility containing the same amount of square footage;
  3. “Immediate repair project” means a project involving a public school academic facility that is necessary to resolve a deficiency that presents an immediate hazard to:
    1. The health or safety of students, teachers, administrators, or staff;
    2. The integrity of the public school academic facility with regard to meeting minimum health and safety standards; or
    3. The extraordinary deterioration of the public school academic facility;
  4. “Local enhancements” means the portion of any maintenance, repair, or renovation project or new construction project that is designed to bring an academic facility or related areas such as the physical plant or grounds to a state of condition or efficiency that exceeds state academic facilities standards;
  5. “Local resources” means any moneys lawfully generated by a school district for the purpose of funding the school district's share of financial participation in any academic facilities project for which a school district is eligible to receive state financial participation under priorities established by the division;
  6. “Maintenance, repair, and renovation” means any activity or improvement to an academic facility and, if necessary, related areas such as the physical plant and grounds, that maintains, conserves, or protects the state of condition or efficiency of the academic facility;
  7. “Millage rate” means the millage rate listed in the most recent tax ordinance approved by the county quorum court under the authority of § 14-14-904;
    1. “New construction” means any improvement to an academic facility and, if necessary, related areas such as the physical plant and grounds, that brings the state of condition or efficiency of the academic facility to a state of condition or efficiency better than the academic facility's current condition of completeness or efficiency.
    2. “New construction” includes additions to existing academic facilities and new academic facilities;
  8. “Project” means an undertaking in which a school district engages in:
    1. Maintenance, repair, and renovation activities with regard to an academic facility;
    2. New construction of an academic facility; or
    3. Any combination of maintenance, repair, and renovation and new construction activities with regard to an academic facility; and
  9. “Space utilization” means the number of gross square feet per student in a public school academic facility adjusted for academic program, school enrollment, grade configuration, and type of public school in accordance with rules promulgated by the Commission for Arkansas Public School Academic Facilities and Transportation.

History. Acts 2005, No. 2206, § 1; 2007, No. 727, § 1; 2009, No. 1473, § 9; 2011, No. 1006, §§ 6, 7; 2017, No. 935, § 3; 2019, No. 1080, § 1.

Amendments. The 2009 amendment added (2)B)(iii).

The 2011 amendment deleted (8)(B); and substituted “current” for “original” near the end of (10)(A).

The 2017 amendment added the definition for “Building”.

The 2019 amendment rewrote (1)(A) and (1)(B); and added (1)(D).

Case Notes

Res Judicata.

Res judicata did not bar a claim alleging inadequate funding to maintain and repair facilities because this section has been amended and the claim thus could not have been brought before issuance of the mandate in a previous school-funding case. Deer/Mt. Judea Sch. Dist. v. Kimbrell, 2013 Ark. 393, 430 S.W.3d 29 (2013).

6-20-2503. Bonded debt assistance — Definitions.

  1. As used in this section:
    1. “Eligible school district” means a school district that applied for bonded debt assistance under this section before July 1, 2005;
    2. “Foundation funding” means an amount of money specified by the General Assembly for each school year to be expended by school districts for the provision of an adequate education for each student as that amount is established in § 6-20-2305;
    3. “Miscellaneous funds” means the amount of miscellaneous funds, as defined in § 6-20-2303, calculated under § 6-20-2308(a);
    4. “Per-student revenue” means the sum of projected revenue from the uniform rate of tax and miscellaneous funds divided by the average daily membership for the school district for the previous school year;
    5. “Projected revenue from the uniform rate of tax” means in each school year ninety-eight percent (98%) of the amount of revenue available in a school district solely from the levy of the uniform rate of tax; and
    6. “State wealth index” means the result of one (1) minus the ratio derived by dividing per-student revenue by the difference between the per-student foundation funding amount under § 6-20-2305 and per-student revenue.
    1. In accordance with the requirements and limitations of this section, the state shall provide eligible school districts with financial assistance for the purpose of retiring outstanding bonded indebtedness in existence as of January 1, 2005.
    2. The amount of financial assistance under this section is based on:
      1. The total amount required to satisfy a school district's outstanding bonded indebtedness in existence as of January 1, 2005;
      2. The annual amount due on a fiscal year basis from the school district in accordance with the principal and interest payment schedule in effect and on file with the Division of Elementary and Secondary Education on January 1, 2005, for the outstanding bonded indebtedness identified under subdivision (b)(2)(A) of this section; and
      3. The calculation in subdivision (b)(3)(A) of this section.
      1. The Commission for Arkansas Public School Academic Facilities and Transportation shall determine the amount of bonded debt assistance for each eligible school district as follows:
          1. For the year that financial assistance under this section will be provided, ascertain the scheduled debt payment on a fiscal year basis from the principal and interest payment schedule in effect and on file with the Division of Elementary and Secondary Education on January 1, 2005, and reduce the amount of the payment by ten percent (10%) except as provided in subdivision (b)(3)(A)(i)(b) of this section.
            1. If a school district can demonstrate to the satisfaction of the commission that all or a portion of the ten-percent reduction in its scheduled debt payment under subdivision (b)(3)(A)(i)(a) of this section can be attributed to the support of academic facilities, the commission shall reverse all or a portion of the ten-percent reduction by a percentage proportionate to the amount attributable to academic facilities.
            2. A school district that applied to the commission during the 2006-2007 school year for a reversal of the ten-percent reduction but was denied the reversal by the commission due to the failure of the school district to submit timely appeals shall be entitled to receive bonded debt assistance for the relevant period of the program beginning with the 2007-2008 school year in the amount approved by the Division of Public School Academic Facilities and Transportation;
        1. For the year that bonded debt assistance will be provided, divide the scheduled debt payment as adjusted under subdivision (b)(3)(A)(i) of this section by the total assessed valuation of taxable real, personal, and utility property in the school district as shown by the applicable county assessment for the most recent year with the result multiplied by one thousand (1,000);
          1. Multiply the calculation under subdivision (b)(3)(A)(ii) of this section by a funding factor per average daily membership that will distribute a total amount of bonded debt assistance no less than the total amount of funds that would have been distributed during fiscal year 2005 if every school district in the state had received an amount of bonded debt assistance equal to an amount calculated by applying the debt service funding supplement formula under the Supplemental School District Funding Act of 2003, § 6-20-2401 et seq. [repealed], during Fiscal Year 2005 with a funding factor of eighteen dollars and three cents ($18.03).
          2. The funding factor for each fiscal year after Fiscal Year 2006 shall be equal to the funding factor derived for Fiscal Year 2006 under subdivision (b)(3)(A)(iii)(a) of this section; and
        2. Multiply the calculation under subdivision (b)(3)(A)(iii) of this section by the state wealth index.
      2. As the amount of bonded debt assistance under this section decreases to correlate with reductions in principal and interest payments and increases in property assessments, the commission shall distribute any remaining funded bonded debt assistance appropriation through the Educational Facilities Partnership Fund Account in accordance with rules promulgated by the commission.
      1. The commission shall determine the amount of bonded debt assistance for each eligible school district no later than July 15 of each year.
        1. Bonded debt assistance under this subsection is payable to each eligible school district in two (2) installments.
        2. The commission shall arrange for the payment of the first installment by August 1 of each year and the second installment by February 1 of each year.
    3. For tracking purposes, the school district shall account for the funds received as state bonded debt assistance under this section as restricted funds and shall account for the funds in accordance with provisions of law, including, without limitation, the Arkansas Educational Financial Accounting and Reporting Act of 2004, § 6-20-2201 et seq., and rules established by the commission.
      1. Nothing in this section shall prohibit a school district from refunding bonds that were issued and outstanding as of January 1, 2005.
      2. If a school district qualifies for bonded debt assistance under this section, the amount of bonded debt assistance under this section shall not be altered or reduced as a result of refunding the bonds that were issued and outstanding as of January 1, 2005, and the bonded debt assistance shall continue after the refunding based on the principal and interest payment schedule in effect and on file with the Division of Elementary and Secondary Education on January 1, 2005.
    1. Nothing in this subsection shall prevent the annual adjustment of bonded debt assistance under this section in accordance with annual variations in the state wealth index and the school district's principal and interest payment schedule in effect and on file with the Division of Elementary and Secondary Education on January 1, 2005.
    1. The state shall not assume any debt of a school district or incur any obligation with regard to a school district's bonded indebtedness by providing the bonded debt assistance described in this section.
    2. The school district receiving bonded debt assistance under this section is and will remain independently liable for all outstanding indebtedness.
  2. The funded general facilities funding appropriation shall be distributed to the Employee Benefits Division for the exclusive benefit of public school employees participating in the State and Public School Life and Health Insurance Program.
  3. The funded supplemental millage appropriation shall be distributed to the Employee Benefits Division for the exclusive benefit of public school employees participating in the State and Public School Life and Health Insurance Program.
  4. Within thirty (30) days after the satisfaction of a school district's outstanding bonded indebtedness in existence as of January 1, 2005, the school district shall notify the Division of Elementary and Secondary Education that the school district's outstanding bonded indebtedness in existence as of January 1, 2005, has been satisfied, which shall include defeasance, but shall exclude refunding.

History. Acts 2005, No. 2206, § 1; 2007, No. 989, §§ 3-5; 2007, No. 1573, § 33; 2009, No. 1479, § 1; 2011, No. 266, § 1; 2013, No. 322, § 5; 2013 (1st Ex. Sess.), No. 1, §§ 1, 2; 2017, No. 931, § 2; 2019, No. 910, §§ 1701-1705.

A.C.R.C. Notes. Acts 2017, No. 931, § 1, provided: “Legislative findings.

The General Assembly finds that:

“(1) Through bonded debt assistance, the state provides school districts financial assistance for the purpose of retiring outstanding bonded indebtedness in existence as of January 1, 2005;

“(2) This bonded debt assistance is necessary to maintain good standing with investors, as bonded debt assistance is restricted to bond payments and was considered in coverage and in calculation of required debt service mills;

“(3) School district expenditure of savings yielded from refunding these bonds is restricted to the support of academic facilities;

“(4) This restriction creates inefficiencies and is time-consuming to implement because refunding and restructuring the bonds multiple times makes it difficult to track and accurately restrict and report bond savings;

“(5) Any benefit derived from the restrictions is minimal; and

“(6) In the interest of improving efficiency and aligning benefit to cost, the law should be amended to eliminate this restriction by allowing savings realized from the refunding of bond that were issued and outstanding as of January 1, 2005 bonds to be expended by school districts for any legitimate school or school district purpose.”

Amendments. The 2009 amendment rewrote (c)(1)(B)(i).

The 2011 amendment rewrote (a)(3) through (a)(4); and inserted present (a)(5) and redesignated the remaining subdivision as (a)(6).

The 2013 amendment rewrote (a)(3).

The 2013 (1st Ex. Sess.) amendment substituted “to the Employee Benefits Division of the Department of Finance and Administration for the exclusive benefit of public school employees participating in the State and Public School Life and Health Insurance Program” for “through the Educational Facilities Partnership Fund Account in accordance with rules promulgated by the commission” in (e)(2)(B) and (f)(2)(B).

The 2017 amendment substituted “bonded debt assistance” for “financial assistance” or “state financial assistance” throughout (b) through (d); deleted “or subdivision (b)(3)(B)” following “subdivision (b)(3)(A)” in (b)(2)(C); deleted former (b)(3)(B); redesignated former (b)(3)(C) as (b)(3)(B); in (b)(3)(B), substituted “remaining funded bonded debt assistance appropriation” for “savings”; deleted “equal” preceding “installments” in (b)(4)(B)(i); deleted former (c)(1)(B); redesignated former (c)(1)(A)(i) and (ii) as (c)(1)(A) and (B); deleted former (c)(2); redesignated former (c)(3) as (c)(2); rewrote (e) and (f); deleted former (g)(1)(B) and (g)(2), and redesignated former (g)(1)(A) as (g); added “but shall exclude refunding” at the end of (g); and deleted former (h).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(2)(B) and for “department” throughout the rest of the section.

6-20-2504 — 6-20-2506. [Repealed.]

Publisher's Notes. These sections, concerning the Academic Facilities Immediate Repair Program, the Academic Equipment Program, and the Transitional Academic Facilities Program, were repealed by Acts 2013, No. 1138, §§ 53-55. The sections were derived from the following sources:

6-20-2504. Acts 2005, No. 2206, § 1; 2007, No. 989, § 6.

6-20-2505. Acts 2005, No. 2206, § 1; 2007, No. 989, § 7.

6-20-2506. Acts 2005, No. 2206, § 1; 2007, No. 989, § 8.

6-20-2507. Academic Facilities Partnership Program.

  1. There is established the Academic Facilities Partnership Program under which the Division of Public School Academic Facilities and Transportation shall provide state financial participation based on a school district's academic facilities wealth index in the form of cash payments to a school district for eligible new construction projects.
    1. In order to apply for state financial participation in a new construction project, a school district shall provide the Division of Public School Academic Facilities and Transportation with a detailed narrative, description, and justification for the project, a drawing, and evidence of:
      1. Preparation for the new construction project as demonstrated by inclusion of the new construction project in the school district's facilities master plan;
        1. The adoption of a resolution certifying to the Division of Public School Academic Facilities and Transportation the school district's dedication of local resources to meet the school district's share of financial participation in the new construction project.
        2. The resolution shall specify the approximate date that the board of directors of the school district intends to seek elector approval of any bond or tax measures or to apply other local resources to pay the school district's share of financial participation in the new construction project;
        1. The total estimated cost of the new construction project that shall be a minimum of three hundred dollars ($300) per student or one hundred fifty thousand dollars ($150,000), whichever is less.
        2. The Division of Public School Academic Facilities and Transportation may waive the minimum requirement under subdivision (b)(1)(C)(i) of this section upon a recommendation by the Director of the Division of Public School Academic Facilities and Transportation to the Commission for Arkansas Public School Academic Facilities and Transportation for the minimum to be waived for cause and a majority of the commission votes to support the waiver;
      2. The new construction project's conformance with sound educational practices;
      3. The new construction project's compliance with current academic facilities standards, including without limitation, appropriate space utilization of the applicable school in the district as determined by the Division of Public School Academic Facilities and Transportation;
      4. The allocation of project costs between new construction activities and maintenance, repair, and renovation activities if the new construction project includes improvements that could be classified as maintenance, repair, and renovation; and
      5. How the new construction project supports the prudent and resourceful expenditure of state funds and improves the school district's ability to deliver an adequate and equitable education to public school students in the district.
      1. Life cycle data is advisory only and shall not be sufficient to support the approval of those items in the list of approved projects or individual items within a project.
      2. The Division of Public School Academic Facilities and Transportation shall require independent proof of the failure of the equipment or other item.
  2. The Division of Public School Academic Facilities and Transportation shall use criteria to evaluate a school district's application for state financial participation in a new construction project, which shall include, without limitation, the following:
    1. How the school district's facilities master plan and current academic facilities do not address the following:
      1. Student health and safety, including, without limitation, critical health and safety needs;
      2. Compliance with current academic facilities standards, including, without limitation, appropriate space utilization of existing academic facilities in the district;
      3. Conformance with sound educational practices;
      4. Curriculum improvement and diversification, including, without limitation, the use of instructional technology, distance learning, and access to advanced courses in science, mathematics, language arts, and social studies;
      5. Multischool, multidistrict, and regional planning to achieve the most effective and efficient instructional delivery system;
      6. Reasonable travel time and practical means of addressing other demographic considerations; and
      7. Regularly scheduled maintenance, repair, and renovation;
    2. How the school district's facilities master plan and any new construction project under the facilities master plan address the following:
      1. Student health and safety, including, without limitation, critical health and safety needs;
      2. Compliance with current academic facilities standards, including, without limitation, appropriate space utilization of existing academic facilities in the district;
      3. Conformance with sound educational practices;
      4. Curriculum improvement and diversification, including, without limitation, the use of instructional technology, distance learning, and access to advanced courses in science, mathematics, language arts, and social studies;
      5. Multischool, multidistrict, and regional planning to achieve the most effective and efficient instructional delivery system;
      6. Reasonable travel time and practical means of addressing other demographic considerations; and
      7. Regularly scheduled maintenance, repair, and renovation;
    3. How the new construction project supports the prudent and resourceful expenditure of state funds and improves the school district's ability to deliver an adequate and equitable education to public school students in the school district;
    4. How the new construction project has been prioritized by the school district; and
    5. The allocation and expenditure of funds in accordance with this subchapter and the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq.
    1. The Division of Public School Academic Facilities and Transportation shall notify the school district of the Division of Public School Academic Facilities and Transportation's decision on the application and, if applicable, the estimated amount of state financial participation in the new construction project no later than May 1 of each odd-numbered year.
    2. The Division of Public School Academic Facilities and Transportation's notice of its decision on a school district's application for state financial participation in a new construction project shall include an explanation of the evaluative factors underlying the decision of the Division of Public School Academic Facilities and Transportation to provide or not provide state financial participation in support of the new construction project.
    3. The commission may withdraw committed funds if a school district had funding made available on:
      1. July 1, 2006, and does not begin construction, as evidenced by a signed construction contract, by January 31, 2010; or
      2. July 1, 2007, and does not begin construction, as evidenced by a signed construction contract, by January 31, 2011.
    4. If a construction project has not begun as required under subdivision (d)(3) of this section due to the failure of a school district to raise the school district's share of the project cost due to a failed millage election before June 1, 2009, the Division of Public School Academic Facilities and Transportation may exercise its authority under § 6-21-811.
    1. If the Division of Public School Academic Facilities and Transportation determines that the new construction project is eligible for state financial participation, the Division of Public School Academic Facilities and Transportation and the school district shall enter into an agreement specifying the terms of the state's financial participation and the conditions that must be satisfied by the school district.
    2. At a minimum, the agreement shall:
      1. Identify the estimated amount of local financial participation and state financial participation in the new construction project;
      2. Define the method of and schedule for transferring state financial participation funds to the school district;
      3. Identify whether the new construction project includes any improvements that are classified as maintenance, repair, and renovation and how the project costs will be allocated between new construction activities and maintenance, repair, and renovation activities;
      4. Provide that changes to the plans for the new construction project shall be made in consultation with the Division of Public School Academic Facilities and Transportation;
      5. Provide that the Division of Public School Academic Facilities and Transportation or any person acting on behalf of the Division of Public School Academic Facilities and Transportation may conduct on-site inspections of the new construction project as frequently as the Division of Public School Academic Facilities and Transportation deems necessary to assure the prudent and resourceful expenditure of state funds with regard to public school academic facilities;
      6. Determine how risk will be allocated between the school district and the state if the new construction project is not completed;
      7. Describe how changes in the school district's wealth index over the course of the new construction project will be treated; and
      8. Specify that the agreement is void and the state will have no further obligation to provide state funds to the school district for the new construction project that is the subject of the agreement if the school district does not raise local resources and apply local resources toward the new construction project as provided under the agreement.
    3. If a school district fails to adhere to the timelines as established in subsection (g) of this section, the agreement shall be void and the state will have no further obligation to provide state funds to the school district for the new construction project under the agreement.
      1. If a school district qualifies for state financial participation under this section, the Division of Public School Academic Facilities and Transportation shall certify the amount of state financial participation to the commission.
      2. The amount of state financial participation under this section is limited to the amount resulting from the application of the academic facilities wealth index to the project cost promulgated by the commission to calculate the cost necessary to bring the academic facility into compliance with the Arkansas Public School Academic Facility Manual under § 6-21-809.
      1. The commission shall certify the amount to the Division of Elementary and Secondary Education for payment, less any withholding or reduction imposed by the commission under § 6-21-114(d) for a school district's failure to comply with the commission's insurance requirements.
      2. For tracking purposes, the school district shall account for the funds received as state financial participation under this section as restricted funds and shall account for the funds in accordance with provisions of law, including without limitation, the Arkansas Educational Financial Accounting and Reporting Act of 2004, § 6-20-2201 et seq., and rules established by the State Board of Education and the commission.
    1. The commission shall establish compliance dates for the:
      1. Execution of the partnership agreement;
      2. Start of the project design; and
      3. Start and ending of construction.
    2. Projects not meeting the compliance dates may be cancelled by the commission, and the state's financial participation, in whole or in part, may be declared void after the school district has been provided:
      1. A notice of the failure to meet compliance dates; and
      2. An opportunity for a hearing before the commission.

History. Acts 2005, No. 2206, § 1; 2007, No. 625, § 2; 2007, No. 989, §§ 9-11; 2009, No. 376, § 44; 2009, No. 1473, §§ 10-13; 2017, No. 935, § 4; 2019, No. 910, §§ 1706-1711.

Amendments. The 2009 amendment by No. 376, in (b)(1)(C)(ii), substituted “Commission for Arkansas” for “Commissioners for the Division of”, and made minor stylistic changes.

The 2009 amendment by No. 1473 inserted “a drawing” in the introductory language of (b)(1); rewrote (d); and added (e)(3) and (g).

The 2017 amendment substituted “Life cycle data” for “The life-cycles requirement contained in the state facility assessment of 2004” in (b)(2)(A).

The 2019 amendment substituted “Division of Public School Academic Facilities and Transportation” for “division” throughout the section; and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (f)(2)(A).

6-20-2508. Academic Facilities Catastrophic Program.

  1. There is established the Academic Facilities Catastrophic Program under which the Division of Public School Academic Facilities and Transportation shall award state financial participation to a school district based on a school district's academic facilities wealth index for eligible catastrophic repair and new construction projects for the purpose of supplementing insurance or other public or private emergency assistance received by or payable to the school district.
  2. A school district may apply for state financial participation in a catastrophic project if an academic facility in the district is damaged due to an act of God or violence that could not have been prevented by reasonable maintenance, repair, or renovation of the building.
  3. As part of its application for state financial participation in a catastrophic project, the school district shall provide the Division of Public School Academic Facilities and Transportation with evidence of:
    1. The estimated cost of the project;
    2. The availability of insurance and any other public or private emergency assistance to pay for the project;
    3. How the catastrophic project supports the prudent and resourceful expenditure of state funds and improves the school district's ability to deliver an adequate and equitable education to public school students in the district; and
    4. Proof of full replacement value insurance to include a provision requiring code upgrades.
    1. The Division of Public School Academic Facilities and Transportation shall evaluate a school district's application for catastrophic assistance and may conduct an on-site inspection before making a decision on the application as it deems necessary.
    2. The Division of Public School Academic Facilities and Transportation shall notify the school district of the Division of Public School Academic Facilities and Transportation's decision on the application and, if applicable, the amount of state financial participation. The Division of Public School Academic Facilities and Transportation shall base its decision on several factors, including, without limitation:
      1. Compliance with appropriate academic facility standards, including, without limitation, appropriate space utilization;
      2. The amount and availability of insurance or other public or private emergency assistance;
      3. The academic facilities wealth index of the school district; and
      4. The prudent and resourceful expenditure of state funds with regard to public school academic facilities.
      1. If a school district qualifies for state financial participation under this section, the Division of Public School Academic Facilities and Transportation shall certify the amount of state financial participation to the Commission for Arkansas Public School Academic Facilities and Transportation.
      2. The amount of state financial participation under this section shall not exceed the amount resulting from the application of the academic facilities wealth index to the cost necessary to bring the academic facility into compliance with the Arkansas Public School Academic Facility Manual, less any withholding or reduction imposed by the commission under § 6-21-114(d) for a school district's failure to comply with the commission's insurance requirements, including without limitation, the failure to carry replacement cost coverage, if applicable, on all buildings and facilities.
      1. The commission shall certify the amount to the Division of Elementary and Secondary Education for payment.
      2. For tracking purposes, the school district shall account for the funds received as state financial participation under this section as restricted funds and shall account for the funds in accordance with provisions of law, including, without limitation, the Arkansas Educational Financial Accounting and Reporting Act of 2004, § 6-20-2201 et seq., and rules established by the State Board of Education and the commission.
  4. Every effort shall be made to conform a catastrophic project to current academic facilities standards, including appropriate space utilization requirements, unless in the judgment of the Division of Public School Academic Facilities and Transportation it is impractical to conform the catastrophic project to current standards.
  5. A school district shall use state financial participation in a catastrophic program to pay the cost of only the portion of a catastrophic project that is not covered by insurance or other public or private emergency assistance received by or payable to the school district.

History. Acts 2005, No. 2206, § 1; 2007, No. 625, § 3; 2007, No. 989, §§ 12, 13; 2019, No. 910, §§ 1712, 1713.

Amendments. The 2019 amendment substituted “Division of Public School Academic Facilities and Transportation” for “division” throughout the section; and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (e)(2)(A).

6-20-2509. Project cost guidelines.

    1. The Division of Public School Academic Facilities and Transportation shall establish formulas that shall be updated annually by the fourth quarter of the calendar year for determining the basic project cost per square foot for various types of new construction projects, including without limitation:
      1. New academic facilities;
      2. Additions to existing academic facilities; and
      3. Major improvements to academic facilities that bring the state of condition or efficiency of the academic facility to a state of condition or efficiency better than the facility's original condition of completeness or efficiency.
    2. In establishing the formulas, the division shall take into consideration:
      1. The academic programs offered;
      2. Current enrollment levels;
      3. Enrollment projections;
      4. Grade configuration;
      5. The type of public school; and
      6. Nationally recognized design and construction standards for cost per square foot.
    3. The division shall establish a process for determining the cost of local enhancements and shall include a mechanism in the formulas for determining basic project cost that excludes the cost of local enhancements from the qualified project cost.
    1. When a school district applies for state financial participation, the division shall use the appropriate formula to compute a qualified project cost.
    2. The division shall determine the estimated amount of the state's share of financial participation based on the qualified project cost and the school district's wealth index as determined under § 6-20-2502.

History. Acts 2005, No. 2206, § 1; 2007, No. 989, § 14; 2017, No. 935, §§ 5, 6.

Amendments. The 2017 amendment substituted “qualified” for “adjusted” in (a)(3) and (b)(2); and substituted “a qualified” for “an adjusted” in (b)(1).

6-20-2510. Incentives for collaboration.

  1. It is the intent of the General Assembly to encourage school districts to explore and consider arrangements with other districts that have the potential to:
    1. Improve academic facilities and equipment available to the public school students in the districts;
    2. Result in improved transportation arrangements for public school students in the state;
    3. Create any type of efficiency for school districts or enhanced learning opportunities for public school students in the state; and
    4. Facilitate the highest and best use of state funds in support of public school academic facilities.
    1. If school districts voluntarily consolidate or if one (1) school district annexes another school district, the Division of Public School Academic Facilities and Transportation shall use the lowest wealth index of the participating school districts to determine the amount of state financial participation in the first eligible academic facilities project undertaken by the resulting school district.
    2. After the completion of the first academic facilities project, the division shall compute a new wealth index for the resulting district that shall be used to determine the amount of state financial participation in future academic facilities projects undertaken by the resulting school district.

History. Acts 2005, No. 2206, § 1.

6-20-2511. High-growth school districts — Definitions.

  1. As used in this section:
    1. “High-growth school district” means a public school district in which the average daily membership for the public school district in the present school year is four percent (4%) higher than the school year that is two (2) years before the present school year; and
    2. “Maximum expected millage” means ten (10) mills, representing the maximum number of mills that a public school district is expected to raise to service its bonded indebtedness incurred for academic facilities.
  2. There is established the Academic Facilities High-Growth School District Loan Program under which the Division of Elementary and Secondary Education shall provide an interest-free loan to a high-growth school district in which the mills required to service the bonded indebtedness incurred for academic facilities exceed the maximum expected millage for the high-growth school district.
    1. A high-growth school district may apply for an interest-free loan when the high-growth school district has raised the maximum expected millage and the revenue generated from the maximum expected millage is less than the amount required to service the bonded indebtedness incurred for academic facilities.
    2. The amount of the loan shall be the amount of moneys required for academic facilities less the sum of:
      1. The revenues generated by the maximum expected millage; and
      2. The state revenue received by the high-growth school district under the Academic Facilities Partnership Program.
    3. The high-growth school district shall apply for the loan from the Revolving Loan Fund, subject to §§ 6-20-801 — 6-20-816.
    1. When the revenue required to service the bonded indebtedness incurred for the high-growth school district's academic facilities is less than the revenue generated by maximum expected millage, the high-growth school district shall repay the loan.
      1. The high-growth school district shall make annual payments to the state in the amount of:
        1. The revenue generated by the high-growth school district's millage up to the amount of the revenues generated from the maximum expected millage for the year; less
        2. The revenue required to service the high-growth school district's bonded indebtedness for academic facilities.
      2. The payments under this subsection shall continue until the loan is paid in full.
    2. During the time that the loan to the high-growth school district is in repayment, the high-growth school district:
      1. Shall use all revenues generated below the maximum expected millage to repay the loan;
      2. Shall not issue refunding bonds or refunding certificates, as provided under § 6-20-815; and
      3. Shall not otherwise change the amount of revenues available to repay the loan without the prior approval of the Division of Elementary and Secondary Education.
  3. Within a reasonable time after its receipt, each application under subsection (c) of this section shall be examined by the Division of Elementary and Secondary Education in accordance with rules established by the State Board of Education as to the accuracy of the answers contained therein.
    1. After considering the merits of each application, the Division of Elementary and Secondary Education may, in its discretion, approve the application for the full amount of the proposed loan, approve the application for a loan of a lesser amount than the amount requested, or disapprove the application.
    2. Before approving the application, the Division of Elementary and Secondary Education shall make a determination that the total space available in the high-growth school district is less than the amount needed to accommodate the growth of students.
  4. The Commission for Arkansas Public School Facilities and Transportation shall adopt rules to implement the program established by this section.
    1. The commission shall annually determine which school districts qualify as high-growth school districts under this section.
    2. Annually, by November 1, the commission shall prepare a list of the qualified school districts and:
      1. Submit the list to the House Committee on Education and the Senate Committee on Education; and
      2. Post the list on the website of the Division of Public School Academic Facilities and Transportation.

History. Acts 2005, No. 2206, § 1; 2007, No. 995, § 2; 2015, No. 962, § 1; 2019, No. 910, §§ 1714-1716.

A.C.R.C. Notes. Acts 2007, No. 995, § 1, provided:

“Findings. The General Assembly finds that:

“(1) The General Assembly has examined the document ‘Arkansas Department of Education, Percent Change in Three-Quarter Average ADMs Over 2 Years – 2005-2006 Required Debt Mills’, dated February 28, 2007, and determined that thirty-two (32) of two hundred forty-five (245) school districts are now at or above ten (10) mills of debt service. This would seem to be well within range of school districts in Arkansas needing academic facilities improvements;

“(2) No evidence was presented during the 2006 Act 57 hearings of any school district suffering from a problem related to its inability to raise sufficient mills for academic facilities improvements;

“(3) However, the General Assembly should support a loan program for the next biennium to assist districts that raise ten (10) mills for academic facilities and also have a four percent (4%) increase in growth over the previous two (2) years that is maintained in the present year; and

“(4) This short term loan program will enable the General Assembly to examine the success of this number of mills and the increase in students to resolve the unproven idea that there are school districts that are unable to construct facilities because there is a limit on the number of mills they can raise or should be required to feasibly raise and that growth is the cause.”

Acts 2007, No. 995, § 3, provided: “The document attached hereto titled ‘Arkansas Department of Education, Percent Change in Three-Quarter Average ADMs Over 2 Years — 2005-2006 Required Debt Mills’, dated February 28, 2007, is specifically adopted by the House Education Committee and the Senate Education Committee and recommended to the General Assembly and shall be filed in the journals of the House and Senate.”

Amendments. The 2015 amendment added (h).

The 2019 amendment, in (b), substituted “Division of Elementary and Secondary Education” for “Department of Education” and substituted “exceed” for “exceeds”; and substituted “Division of Elementary and Secondary Education” for “department” in (d)(3)(C), (e), and twice in (f).

6-20-2512. Regulatory authority.

The Commission for Arkansas Public School Academic Facilities and Transportation shall promulgate rules necessary to administer this subchapter, which shall promote the intent and purposes of this subchapter and assure the prudent and resourceful expenditure of state funds with regard to public school academic facilities throughout the state.

History. Acts 2005, No. 2206, § 1.

6-20-2513. Appeals.

  1. A public school district may appeal:
    1. A determination of the Division of Public School Academic Facilities and Transportation under this subchapter to the Academic Facilities Review Board in accordance with procedures developed by the board under § 6-20-2516; and
      1. A decision of the board to the Commission for Arkansas Public School Academic Facilities and Transportation in accordance with procedures developed by the commission.
      2. The public school district shall provide to the board a copy of the request for appeal when it files the request with the commission.
  2. All decisions of the commission resulting from a public school district's appeal of a decision of the board under this subchapter shall be final and shall not be subject to further appeal or request for rehearing to the commission or petition for judicial review under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

History. Acts 2005, No. 2206, § 1; 2009, No. 937, § 1; 2011, No. 981, § 13; 2011, No. 1006, § 4.

Amendments. The 2009 amendment rewrote (a); in (b), inserted “public” and substituted “decision of the board” for “division determination”; and added (c).

The 2011 amendment by No. 981 redesignated former (a)(2) and (3) as (a)(2)(A) and (a)(2)(B).

The 2011 amendment by No. 1006 deleted (c).

6-20-2514. Academic Facilities Extraordinary Circumstances Program.

  1. The General Assembly finds that:
    1. In Lake View School District No. 25 v. Huckabee, 364 Ark. 398 (2005), the Supreme Court raised concerns that some school districts might not receive any state financial assistance with academic facilities projects because the districts might not have sufficient resources to qualify for state funds under this subchapter, which requires a local contribution based on the relative wealth of the district;
    2. During the 2006 hearings conducted by the House Committee on Education and Senate Committee on Education after the 2005 Supreme Court decision in the Lake View matter, no school district came forward to testify that the district will be unable to adequately repair, renovate, or construct school buildings;
    3. The contention in subdivision (a)(1) of this section, while not without merit as a theory, has not been substantiated. Therefore, the implementation and funding of a program to provide additional state financial assistance to school districts with limited resources is premature; and
    4. While implementation and funding may be premature, the development of a program to provide state financial assistance to eligible school districts that do not have sufficient means to contribute an amount of local resources necessary to qualify for state financial participation should be initiated immediately.
    1. The Commission for Arkansas Public School Academic Facilities and Transportation shall develop by rule the Academic Facilities Extraordinary Circumstances Program under which the Division of Public School Academic Facilities and Transportation shall provide state financial assistance to eligible school districts that do not have sufficient means to contribute an amount of local resources necessary to qualify for state financial participation under the Academic Facilities Partnership Program, § 6-20-2507, or the Academic Facilities Catastrophic Program, § 6-20-2508.
    2. At a minimum, eligibility criteria for the Academic Facilities Extraordinary Circumstances Program shall address:
      1. School districts with declining enrollment;
      2. School districts with rapid enrollment growth;
      3. School districts with insufficient bonding capacity;
      4. School districts with low assessed-property valuations;
      5. School districts at or above the ninety-fifth percentile on the academic facilities wealth index; and
      6. Any other circumstance deemed extraordinary by the division.
    3. At a minimum, the application process for the Academic Facilities Extraordinary Circumstances Program shall require a school district to provide the division with evidence of:
      1. The estimated cost of the project;
      2. The amount of local resources available to contribute to the project;
      3. The amount and availability of funds from school district fund balances;
      4. The amount and availability of other public or private assistance;
      5. Effort made by the school district and the local community to develop and provide local resources; and
      6. How state financial participation, if granted, will support the prudent and resourceful expenditure of state funds and will improve the school district's ability to deliver an adequate and equitable education to public school students in the district.
  2. The division shall report to the House Committee on Education and the Senate Committee on Education by October 15, 2015, on the development of the Academic Facilities Extraordinary Circumstances Program and shall obtain formal legislative approval before implementing the Academic Facilities Extraordinary Circumstances Program.

History. Acts 2006 (1st Ex. Sess.), No. 34, § 1; 2006 (1st Ex. Sess.), No. 35, § 1; 2015, No. 962, § 2.

Amendments. The 2015 amendment substituted “House Committee on Education and the Senate Committee on Education by October 15, 2015” for “General Assembly by January 15, 2007” in (c).

6-20-2515. Review conferences.

  1. At least one hundred twenty (120) days before the application deadline, a district may request and be granted by the Division of Public School Academic Facilities and Transportation a review conference that shall be held within seventy-five (75) days after the date of request.
  2. The district may be advised through the review conference process by an architectural and engineering firm if the school district pays the cost for the advice from the architectural and engineering firm.
  3. The review conference shall consider the following:
    1. That the proposed project is academic;
    2. The space calculation to be applied to the project if approved;
    3. The preliminary wealth index of the district, subject to change when the annual update is calculated, that will be applied to the partnership project if approved;
    4. The qualified project cost, subject to update no later than March 1 of the odd year, that will be applied to the partnership project if approved;
    5. A projected amount of state funding based on the preliminary wealth index and the qualified project cost, updated no later than March 1 of the odd year, to allow a school district projection of local funding share required; and
    6. Whether or not the proposed application meets all of the technical requirements for partnership applications as set out in the application guidelines and rules provided by the division before each partnership application cycle.
  4. The division shall make a written record of the findings of the review conference and provide a copy of the written record to the school district within five (5) working days after the written record is finalized.

History. Acts 2007, No. 989, § 15; 2015, No. 962, § 3; 2017, No. 864, §§ 1, 2.

Amendments. The 2015 amendment substituted “At least sixty (60) days before the application deadline” for “After February 1, 2008” in (a); added (c)(6); and, in (d), inserted “written” and added “and provide a copy of the written record to the school district within five (5) working days after the written record is finalized” at the end of the section.

The 2017 amendment, in (a), substituted “one hundred twenty (120)” for “sixty (60)” and “seventy-five (75) days” for “twenty (20) working days”; and rewrote (c)(2) through (c)(5).

6-20-2516. Academic Facilities Review Board.

  1. There is established the Academic Facilities Review Board to hear the appeal filed by a public school district under § 6-20-2513(a) of a determination of the Division of Public School Academic Facilities and Transportation.
    1. The board is composed of five (5) members appointed by the Governor and subject to confirmation of the Senate as follows:
        1. One (1) member who is a licensed building contractor with five (5) years or more of experience in public school construction.
        2. The Governor shall consult the Arkansas chapter of the Associated General Contractors of America before making an appointment under subdivision (b)(1)(A)(i) of this section;
        1. One (1) member who is a registered architect with at least five (5) years of experience in public school design.
        2. The Governor shall consult the Arkansas chapter of the American Institute of Architects before making an appointment under subdivision (b)(1)(B)(i) of this section;
        1. One (1) member who is a licensed or registered engineer with at least five (5) years of experience in public school construction.
        2. The Governor shall consult the American Council of Engineering Companies of Arkansas and the Arkansas Society of Professional Engineers before making an appointment under subdivision (b)(1)(C)(i) of this section; and
        1. Two (2) members who are selected from the public at large.
        2. The Governor shall consult the Arkansas Association of Educational Administrators and the Arkansas School Boards Association before making an appointment under subdivision (b)(1)(D)(i) of this section.
    2. A member of the board shall be a resident of this state at the time of appointment and throughout the member's term.
    3. A member of the Commission for Arkansas Public School Academic Facilities and Transportation shall not serve as a member of the commission while serving as a member of the board.
      1. Each member of the board shall serve a term of three (3) years.
      2. The initial members shall draw lots for staggered terms.
    1. The Governor shall appoint any qualified person to fill a position that is vacated before the expiration of a member's term.
    1. The Governor shall designate one (1) member to serve as chair of the board at its organizational meeting.
    2. The chair or the chair's designee shall call an organizational meeting within twenty (20) calendar days after the Governor has appointed all members of the initial board.
    3. At the organizational meeting, the members of the board shall elect a chair, who shall serve as chair for one (1) year.
    4. Annually after the organizational meeting, the board shall elect a new chair.
    1. The board shall meet upon the call of the chair when a hearing is requested by a public school district, but a meeting shall not be held outside of this state.
    2. All action of the board shall be by a majority vote of the quorum present at a meeting.
    3. A majority of the members of the board shall constitute a quorum for the purpose of transacting business.
  2. The Division of Elementary and Secondary Education shall provide staff support for the board's activities.
    1. Members of the board shall serve without pay.
    2. Members of the board may receive expense reimbursement in accordance with § 25-16-902, to be paid by the Division of Elementary and Secondary Education to the extent money is available for that purpose.
  3. The board shall establish policies and procedures for conducting hearings and appeals.
    1. Following the hearing at which all testimony and evidence are presented, the board shall make a final determination accepting, rejecting, or modifying the determination of the Division of Public School Academic Facilities and Transportation.
    2. Within ten (10) business days, the board shall provide to the appellant public school district and to the Division of Public School Academic Facilities and Transportation a notice of the board's final determination.
      1. If the board's final determination will result in a greater level of state financial participation in a project than previously authorized by the Division of Public School Academic Facilities and Transportation, the board's final determination shall be reviewed by the commission in accordance with procedures developed by the commission.
      2. A decision of the commission resulting from a review of a decision of the board under this section is final and is not subject to:
        1. Further appeal to the commission;
        2. Request for rehearing by the commission; or
        3. Petition for judicial review under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

History. Acts 2009, No. 937, § 2; 2011, No. 1006, § 5; 2015, No. 1100, § 3; 2019, No. 910, § 1717.

Amendments. The 2011 amendment inserted “and to the division” in (i)(2); and added (i)(3).

The 2015 amendment rewrote (b)(1).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (f); substituted “Division of Elementary and Secondary Education” for “department” in (g)(2); and substituted “Division of Public School Academic Facilities and Transportation” for “division” throughout (i).

6-20-2517. Nursing center.

  1. Beginning in the 2017-2019 funding cycle for the Academic Facilities Partnership Program, each new application for a new school building or a major renovation to an existing school building that would normally house a nursing office shall include a school nursing center.
  2. A nursing center shall meet minimum standards for infection control and safe care, including without limitation:
    1. A private office with a door;
    2. Heat and air conditioning;
    3. A telephone;
    4. A sink with hot and cold water;
    5. A handicap-accessible bathroom with a toilet;
    6. A locking filing cabinet;
    7. A double-locking medicine cabinet;
    8. A refrigerator for medications;
    9. A sharps container and system for the disposal of biohazard waste;
    10. Personal protection equipment for each nurse, including gowns, masks, and gloves;
    11. Two (2) cots;
    12. A computer with internet access;
      1. An electronic health records system that is compliant with the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.
      2. The Division of Elementary and Secondary Education may purchase appropriate software that is accessible to a school district depending on the availability of funding;
    13. First aid and assessment equipment;
    14. Storage cabinets for first aid and assessment equipment; and
    15. A desk and office supplies.
  3. The project minimum required under § 6-20-2507(b)(1)(C) does not apply to a construction project with a school nursing center.
  4. A school nursing center may be located in a portable classroom.

History. Acts 2015, No. 936, § 1; 2019, No. 910, § 1718.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(13)(B).

6-20-2518. [Repealed.]

Publisher's Notes. This section, concerning the Public School Nurse Facility and Equipment Grant Pilot Program, was repealed by Acts 2019, No. 692, § 10, effective July 24, 2019. The section was derived from Acts 2015, No. 936, § 2.

Subchapter 26 — Arkansas Public School Academic Facilities Financing Act of 2007

A.C.R.C. Notes. Acts 2007, No. 1021, § 1, provided:

“(a) The General Assembly finds:

“(1) Holdings in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002), require the State of Arkansas to provide adequate public school academic facilities for students in the state; and

“(2) It is the duty of the General Assembly to guarantee that adequate funds exist to meet public school academic facilities needs.

“(b) The purpose of this act is to provide a mechanism for public school academic facilities in the event that moneys on hand are not sufficient to meet facilities needs.”

6-20-2601. Title.

This subchapter shall be known and may be cited as the “Arkansas Public School Academic Facilities Financing Act of 2007”.

History. Acts 2007, No. 1021, § 2.

6-20-2602. Definitions.

As used in this subchapter:

  1. “Bonds” means any bonds, notes, interim certificates, or other evidences of indebtedness;
  2. “Commission” means the Commission for Arkansas Public School Academic Facilities and Transportation or its successor;
  3. “Debt service” means principal, interest, redemption premiums, if any, and trustee's fees, paying agent's fees, dissemination agent's fees, and like servicing fees relative to a bond;
  4. “Develop” means to plan, design, construct, acquire by purchase, own, rehabilitate, lease as lessor or lessee, enter into lease-purchase agreements with respect to, or install or equip any lands, buildings, improvements, machinery, equipment, or other properties of whatever nature, real, personal, or mixed;
  5. “Federal Deposit Insurance Corporation” means the Federal Deposit Insurance Corporation or its successor that insures commercial banks;
  6. “General revenues of the state” means the revenues described and enumerated in § 19-6-201 of the Revenue Classification Law, § 19-6-101 et seq., or in any successor law;
  7. “Nationally recognized rating agency” means Moody's Investors Service, Inc., Standard & Poor's, Fitch Ratings, or any other nationally recognized rating agency approved by the State Investing Office; and
  8. “State Investing Office” means the Treasurer of State for the investment of any funds established on the books of the State Treasury, and the commission for the investment of any funds held outside the State Treasury.

History. Acts 2007, No. 1021, § 2.

6-20-2603. Authority to issue bonds.

      1. The Commission for Arkansas Public School Academic Facilities and Transportation is hereby authorized to issue bonds of the State of Arkansas to be known as State of Arkansas Public School Academic Facilities General Obligation bonds, in total principal amount not to exceed seven hundred fifty million dollars ($750,000,000), for the purposes of this subchapter.
      2. The limitation on the total principal amount of bonds under subdivision (a)(1)(A) of this section is a limitation on the total principal amount of indebtedness to be repaid by the State of Arkansas.
    1. The bonds may be issued in one (1) or more series as required under this subchapter.
  1. Unless the General Assembly authorizes a greater principal amount to be issued during a fiscal biennium, the total principal amount of bonds to be issued during any fiscal biennium shall not exceed one hundred fifty million dollars ($150,000,000).
    1. Before any bonds may be issued during a fiscal biennium, the commission shall submit to the Governor a written plan:
      1. Setting forth criteria to be used by the commission in choosing the public school academic facilities projects to be financed with the proceeds derived from the sale of the bonds; and
      2. Requesting authorization for the projected maximum principal amount of bonds required to be issued in the fiscal biennium.
    2. Upon receipt of the written plan, the Governor shall:
      1. Confer with the Chief Fiscal Officer of the State concerning whether the annual amount of general revenue funds required to be set aside from the general revenues of the state under the Revenue Stabilization Law, § 19-5-101 et seq., for payment of debt service requirements in connection with the bonds during either year of the fiscal biennium in which the bonds are to be issued would require moneys from the general revenues of the state that would work undue hardship upon any agency or program supported from the general revenues of the state under the provisions of the Revenue Stabilization Law, § 19-5-101 et seq.; and
      2. Upon compliance with subdivision (c)(2)(A) of this section, obtain the review of:
        1. The Joint Budget Committee if the General Assembly is in session; or
        2. The Legislative Council if the General Assembly is not in session.
    1. If the Governor deems it to be in the public interest, he or she by proclamation shall authorize the commission to proceed with the issuance of the bonds in one (1) or more series up to the maximum principal amount for the fiscal biennium approved by the Governor.
      1. If the Governor refuses to give his or her approval for the issuance of the bonds by declining to issue a proclamation approving the issuance, he or she shall promptly notify the commission in writing and the bonds shall not be issued.
      2. The commission may resubmit a request to the Governor for the approval of the issuance of the bonds.
      3. The issue as resubmitted to the Governor shall be dealt with in the same manner as provided for the initial request for authority to issue the bonds.

History. Acts 2007, No. 1021, § 2.

6-20-2604. Terms and characteristics of bonds.

  1. The bonds shall be issued in series in amounts sufficient to finance all or any part of public school academic facility project costs with the respective series to be designated in alphabetical order, or by the year in which issued, or both.
    1. Each series of bonds shall have the date as the Commission for Arkansas Public School Academic Facilities and Transportation determines and shall mature or be subject to mandatory sinking fund redemption as determined by the commission over a period ending not later than thirty (30) years after the date of the bonds of each series.
    2. Pending the issuance of bonds under this subchapter, the commission may issue temporary notes maturing not more than five (5) years from the date of issuance to be exchanged for or paid from the proceeds of bonds when the bonds are issued.
    1. Each series of bonds shall bear interest whether or not subject to federal income taxation at the rate or rates accepted by the commission.
    2. Interest shall be payable at such times as the commission shall determine.
  2. The commission shall determine:
    1. The form of the bonds;
    2. The denomination of the bonds;
    3. Whether the bonds may be exchanged for bonds of another form or denomination bearing the same rate of interest and date of maturity;
    4. Whether the bonds may be payable within or without the state;
    5. Whether the bonds may be subject to redemption before maturity, including:
      1. The manner of redemption; and
      2. The redemption prices; and
    6. Any other terms and conditions of the bonds.
  3. The bonds shall have all the qualities of negotiable instruments or securities under the laws of the state, subject to the provision for registration of ownership.

History. Acts 2007, No. 1021, § 2.

6-20-2605. Purpose of bonds.

Bonds issued under this subchapter shall be issued to finance on a temporary or permanent basis or to develop one (1) or more public school academic facility projects, and the proceeds of the bonds shall be applied to the payment of public school academic facility project costs, the costs and expenses of issuance of the bonds, the repayment of indebtedness incurred to pay public school academic facility project costs, or for refunding of bonds as provided in § 6-20-2613.

History. Acts 2007, No. 1021, § 2.

6-20-2606. Resolutions and trust indentures.

  1. The bonds shall be authorized by resolution of the Commission for Arkansas Public School Academic Facilities and Transportation.
  2. Each resolution shall contain the terms, covenants, and conditions deemed desirable for the bonds, including without limitation conditions pertaining to:
    1. The establishment and maintenance of funds and accounts;
    2. The deposit and investment of revenues and of bond proceeds; and
    3. The rights and obligations of the state, its officers and officials, the commission, and the registered owners of the bonds.
  3. The resolution of the commission may provide for the execution and delivery by the commission of one (1) or more trust indentures with one (1) or more banks or trust companies located within or without the state, containing any of the terms, covenants, and conditions stated in subsection (b) of this section.
  4. A trust indenture shall be binding upon the state and its agencies, officers, and officials to the extent set forth in this subchapter.

History. Acts 2007, No. 1021, § 2.

6-20-2607. Form of bond — Signatures.

  1. Each bond shall:
    1. Be signed with the manual or facsimile signatures of the Governor, the members of the Commission for Arkansas Public School Academic Facilities and Transportation, and the Treasurer of State; and
    2. Have affixed, imprinted, or lithographed on the bond the Seal of the State of Arkansas.
  2. Interest coupons attached to the bonds, if any, shall be signed with the facsimile signature of the Treasurer of State.
  3. Delivery of the bonds and coupons so executed shall be valid notwithstanding any change in persons holding such offices occurring after the bonds have been executed.

History. Acts 2007, No. 1021, § 2.

6-20-2608. Sale of bonds.

  1. The bonds may be sold:
    1. Either at public or private sale in a manner and upon such terms as the Commission for Arkansas Public School Academic Facilities and Transportation determines to be reasonable and expedient for the purposes for which the commission was created; and
    2. At the price the commission determines acceptable, including sale at a discount.
  2. The commission may employ administrative agents, fiscal agents, underwriters, architects, accountants, engineers, and legal counsel and may pay them reasonable compensation from the proceeds of the bonds.
  3. The fees of any trustee or paying agent as well as the costs of publication of notices and of printing of the bonds, official statements, and other documents relating to the sale of the bonds, the fees of any rating agency, and other reasonable costs of issuing and selling the bonds incurred by the commission may be paid from the proceeds of the bonds.

History. Acts 2007, No. 1021, § 2.

6-20-2609. Proceeds of bonds.

  1. The proceeds from the sale of the bonds shall be deposited by the recipient thereof, as received, into trust funds either established in the State Treasury or into accounts established outside the State Treasury in the name of the Commission for Arkansas Public School Academic Facilities and Transportation to accomplish the purposes of this subchapter in amounts or portions as set forth in the resolution or trust indenture authorizing or securing the bonds issued to finance the development of public school academic facilities projects.
    1. There is established as a trust fund in the State Treasury an account designated as the School Academic Facilities Financing Act of 2007 Bond Fund that is being created to provide for payment of all or a part of the debt service in connection with bonds issued under this subchapter.
      1. The Treasurer of State shall establish separate accounts and subaccounts within the fund to correspond to the applicable series of bonds.
      2. In addition, there may be created in the State Treasury such other funds, accounts, or subaccounts as the commission may determine to be necessary to accomplish the purposes of this subchapter.
    1. All procedures and methods for the application of proceeds of any series of bonds to the financing of public school academic facilities project costs shall be set forth in writing.
    2. The writings shall be maintained as a part of the records of the commission.
  2. The proceeds from the sale of the bonds and any moneys in the bond fund may be invested and reinvested by the State Investing Office in any of the following:
    1. Direct obligations of the United States of America, including obligations issued or held in book-entry form on the books of the United States Department of the Treasury or obligations that are unconditionally guaranteed as to principal and interest by the United States of America;
    2. Bonds, debentures, notes, or other evidences of indebtedness issued or guaranteed by any agencies of the United States Government that are backed by the full faith and credit of the United States of America;
    3. Senior debt obligations issued or guaranteed by agencies of the United States Government that are non full-faith and credit agencies;
    4. Money market funds investing exclusively in the investments described in subdivision (d)(1), subdivision (d)(2), or subdivision (d)(3) of this section;
    5. Certificates of deposit providing for deposits secured at all times by collateral described in subdivision (d)(1), subdivision (d)(2), or subdivision (d)(3) of this section if:
      1. The certificates of deposit are issued by commercial banks whose deposits are insured by the Federal Deposit Insurance Corporation and whose collateral is held by a third party; and
      2. The State Investing Office or its assigns have a perfected first security interest in the collateral;
    6. Certificates of deposit, savings accounts, deposit accounts, or money market deposits, all of which are fully insured by the Federal Deposit Insurance Corporation;
    7. Bonds or notes issued by the state or any municipality, county, school district, community college district, or regional solid waste management district in the state or any agency or instrumentality of the state;
    8. Investment agreements with financial institutions or insurance companies that are rated in one (1) of the two (2) highest rating categories of a nationally recognized rating agency;
    9. Repurchase agreements providing for the transfer of securities from a dealer bank or securities firm to the State Investing Office and the transfer of cash from the State Investing Office to the dealer bank or securities firm with an agreement that the dealer bank or securities firm will repay the cash plus a yield to the State Investing Office in exchange for the securities at a specified date if the repurchase agreements satisfy the following criteria:
      1. Repurchase agreements must be between the State Investing Office and a dealer bank or securities firm described as follows:
        1. Dealers with at least one hundred million dollars ($100,000,000) in capital; or
        2. Banks whose deposits are insured by the Federal Deposit Insurance Corporation; and
      2. The written repurchase agreement contract must include the following:
        1. Securities that are acceptable for transfer are those listed in subdivision (d)(1), subdivision (d)(2), or subdivision (d)(3) of this section;
        2. The term of the repurchase agreement may be up to thirty (30) days;
        3. The collateral must be delivered to the State Investing Office, to a trustee if the trustee is not supplying the collateral, or to a third party acting as agent for the trustee if the trustee is supplying the collateral, before or at the time of the payment and perfection by possession of certificated securities; and
          1. The securities must be valued weekly, market-to-market at current market price plus accrued interest.
          2. The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the State Investing Office to the dealer bank or security firm under the repurchase agreement plus accrued interest.
          3. If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the State Investing Office, then additional cash, acceptable securities, or a combination of cash and securities must be transferred and held by the State Investing Office; and
    10. Any other investment authorized by state law.

History. Acts 2007, No. 1021, § 2.

6-20-2610. Full faith and credit of state pledged to repay bonds.

The bonds shall be the direct general obligations of the state for the payment of debt service on which the full faith and credit of the state are irrevocably pledged so long as any such bonds are outstanding. The bonds shall be payable from the general revenues of the state, and the amount of general revenues of the state as is necessary is and shall remain pledged to the payment of debt service on the bonds.

History. Acts 2007, No. 1021, § 2.

6-20-2611. Payment of debt service on the bonds.

    1. On or before the commencement of each fiscal year, the Chief Fiscal Officer of the State shall determine the estimated amount required for payment of all or a part of the debt service on the bonds issued under this subchapter during the fiscal year to determine what amount of general revenues of the state will be required.
    2. The Chief Fiscal Officer of the State shall certify the estimated amount to the Treasurer of State.
    3. The Treasurer of State shall then make monthly transfers from the State Apportionment Fund to the School Academic Facilities Financing Act of 2007 Bond Fund of the amount of general revenues of the state required to pay the maturing debt service on bonds issued under this subchapter.
    1. The obligation to make monthly transfers of general revenues of the state from the State Apportionment Fund to the School Academic Facilities Financing Act of 2007 Bond Fund shall constitute a first charge against the general revenues of the state before all other uses to which the general revenues of the state are devoted, either under present law or under any laws that may be enacted in the future.
    2. However, to the extent other general obligation bonds of the state have been issued or may subsequently be issued, all general obligation bonds shall rank on a parity of security with respect to payment from general revenues of the state.
  1. Moneys credited to the School Academic Facilities Financing Act of 2007 Bond Fund shall be used only to pay debt service on the bonds, either at maturity or upon redemption before maturity and for such purposes the Treasurer of State is designated Disbursing Officer to administer such funds in accordance with this subchapter.
  2. Moneys in the School Academic Facilities Financing Act of 2007 Bond Fund over and above the amount necessary to insure the prompt payment of debt service on the bonds and the establishment and maintenance of a reserve fund, if any, may be used for the redemption of bonds before maturity under the provisions pertaining to redemption before maturity, as set forth in the resolution or trust indenture authorizing or securing the bonds.

History. Acts 2007, No. 1021, § 2.

6-20-2612. Bonds exempt from state, county, and municipal taxes.

Bonds and the interest on the bonds issued under this subchapter are exempt from state, county, and municipal taxes, including income taxes, inheritance taxes, and property taxes. The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment of bank funds, fiduciary funds, insurance company funds, trust funds, and public funds.

History. Acts 2007, No. 1021, § 2.

6-20-2613. Refunding bonds.

    1. Bonds may be issued under this subchapter to refund any outstanding bonds issued under this subchapter.
    2. Bonds issued under this section:
      1. Do not require the Commission for Arkansas Public School Academic Facilities and Transportation to submit a written plan to the Governor under § 6-20-2603(c); and
      2. Are not subject to the requirements for the approval and proclamation of the Governor under § 6-20-2603(d).
    1. The refunding bonds may be either sold for cash or delivered in exchange for the outstanding obligations.
    2. If sold for cash, the proceeds may be applied to the payment of the obligations refunded or may be deposited in irrevocable trust for the retirement of the outstanding obligations either at maturity or on an authorized redemption date.
    1. Refunding bonds shall in all respects be authorized, issued, and secured as provided for the bonds being refunded and shall have all the attributes of the refunded bonds.
    2. To the extent that the refunding bonds are not in a greater principal amount than the outstanding principal amount of the bonds being refunded, the principal amount of the refunding bonds shall not be subject to the limit of seven hundred fifty million dollars ($750,000,000) set forth in § 6-20-2603(a) or the limit of one hundred fifty million dollars ($150,000,000) set forth in § 6-20-2603(b).
  1. The resolution or trust indenture under which the refunding bonds are issued shall provide that any refunding bonds shall have the same priority of payment as the obligations refunded.

History. Acts 2007, No. 1021, § 2.

6-20-2614. Additional powers of the commission.

In addition to powers conferred under other laws, the Commission for Arkansas Public School Academic Facilities and Transportation may take appropriate action to carry out the purposes of this subchapter.

History. Acts 2007, No. 1021, § 2.

6-20-2615. No impairment of bond obligations.

  1. This subchapter constitutes a contract between the state and the registered owners of all bonds issued under this subchapter.
  2. The contract shall never be impaired, and any violation of its terms whether under purported legislative authority or otherwise shall be enjoined by the courts at the suit of any bondholder or any taxpayer.
  3. In like suit against the Commission for Arkansas Public School Academic Facilities and Transportation, the Treasurer of State, or other appropriate agency, officer, or official of the state, the courts shall prevent a diversion of any revenues pledged hereunder and shall compel the restoration of diverted revenues by injunction or mandamus.
  4. Without limiting any other appropriate remedy at law or in equity, a bondholder may, by an appropriate action including without limitation injunction or mandamus, compel the performance of all covenants and obligations of the state, its officers and officials, under this subchapter.

History. Acts 2007, No. 1021, § 2.

6-20-2616. No obligations until bonds issued.

This subchapter shall not create any right of any character unless the first series of bonds authorized by this subchapter has been sold and delivered.

History. Acts 2007, No. 1021, § 2.

6-20-2617. Election.

      1. Bonds shall not be issued under this subchapter except with the consent of a majority of the qualified electors of the state voting on the question in substantially the form described in this section at any general election as determined by the Governor, unless the Governor by proclamation calls a special election concerning the issuance of bonds under this subchapter.
      2. If the Governor does not place the issue on the ballot at any general election or call a special election concerning the issuance of bonds under this subchapter on or before June 30, 2011, the provisions of this subchapter shall be void, and no bonds shall be issued.
    1. If the question is presented at a general election, notice thereof shall be published by the Secretary of State by one (1) insertion in a newspaper of general circulation in the state at least sixty (60) days before the general election, and notice thereof shall be mailed to each county board of election commissioners and the sheriff of each county at least sixty (60) days before the general election.
    2. If a special election is called by the Governor, the proclamation of the special election shall be made at least sixty (60) days before the date fixed by the proclamation for the election, and notice of the special election shall be given by publication of the proclamation for one (1) insertion in one (1) newspaper of general circulation published in each county in the state not less than thirty (30) days before the date of the special election.
    3. If there is no newspaper regularly published in a county, the proclamation may be published in any newspaper having a general circulation in the county.
  1. In the case of the notice or proclamation for the election, it shall not be necessary to publish this subchapter in its entirety, but the notice or proclamation shall state that it is issued to submit to the people substantially the following question:
  2. Whether the question is presented at a general election or at a special election, the title of this subchapter shall be the ballot title, and there shall be printed on the ballot the proposition as stated above and the following:
    1. The county boards of election commissioners of the several counties of the state shall hold and conduct the election, and each board may take action with respect to the appointment of election officials and other matters as the law requires.
    2. The vote shall be canvassed and the result declared in each county by the county boards of election commissioners.
    3. Within ten (10) days after the date of the election the results shall be certified by the county boards of election commissioners to the Secretary of State who shall tabulate all returns received by him or her and certify to the Governor the total vote for and against the proposition submitted under this section.
  3. The result of the election shall be proclaimed by the Governor by publication one (1) time in a newspaper published in the City of Little Rock, Arkansas, and the results as proclaimed shall be conclusive unless attacked in the courts within thirty (30) days after the date of the publication.

“Shall the commission be authorized to issue General Obligation bonds under the authority of the Arkansas Public School Academic Facilities Financing Act of 2007, for the financing of public school academic facilities to serve the citizens of the State of Arkansas, in total principal amount not to exceed seven hundred fifty million dollars ($750,000,000) in series from time to time in principal amounts not to exceed, without prior approval of the General Assembly, one hundred fifty million dollars ($150,000,000) in any fiscal biennium, which bonds shall be secured by a pledge of the full faith and credit of the State of Arkansas?”.

“FOR Issuance of State of Arkansas Public School Academic Facilities General Obligation bonds _____

AGAINST Issuance of State of Arkansas Public School Academic Facilities General Obligation bonds _____”.

History. Acts 2007, No. 1021, § 2.

6-20-2618. Effect of election.

  1. If a majority of the qualified electors voting on the question vote for the issuance of the bonds, the Commission for Arkansas Public School Academic Facilities and Transportation shall proceed with the sale and the issuance of the bonds as provided in this subchapter.
  2. If a majority of the qualified electors voting on the question vote against the issuance of the bonds, the bonds authorized by this subchapter shall not be sold or issued, and this subchapter shall be of no further effect.

History. Acts 2007, No. 1021, § 2.

6-20-2619. No waiver of previous authority to issue bonds.

This subchapter shall not constitute a waiver of the authority to issue bonds under any other legislation authorizing the issuance of bonds for similar purposes.

History. Acts 2007, No. 1021, § 2.

6-20-2620. Severability.

If, for any reason, any section or provision of this subchapter shall be held to be unconstitutional or invalid for any reason, such holding shall not effect the remainder of this subchapter, but this subchapter, insofar as it is not in conflict with the Arkansas Constitution or the United States Constitution, shall be permitted to stand, and the various provisions of this subchapter are hereby declared to be severable for that purpose.

History. Acts 2007, No. 1021, § 2.

6-20-2621. Cases involving bonds.

A case involving the validity of this subchapter or involving the bonds issued under this subchapter shall be deemed of public interest and shall be advanced by all courts and heard as a preferred cause, and all appeals from judgments or decrees rendered in such cases shall be taken within thirty (30) days after rendition of the judgment or decree.

History. Acts 2007, No. 1021, § 2.

6-20-2622. Construction of subchapter.

  1. This subchapter shall be liberally construed to accomplish its purposes. This subchapter shall constitute the sole authority necessary to accomplish the purposes hereof, and to this end it shall not be necessary that the provisions of other laws pertaining to the development of public facilities and properties and the financing thereof be complied with.
  2. This subchapter shall be interpreted to supplement existing laws conferring rights and powers upon the Commission for Arkansas Public School Academic Facilities and Transportation, and the rights and powers set forth in this subchapter shall be regarded as alternate methods for the accomplishment of the purposes of this subchapter.

History. Acts 2007, No. 1021, § 2.

6-20-2623. Issuance of bonds.

No bonds shall be issued under this subchapter before July 1, 2009.

History. Acts 2007, No. 1021, § 2.

Chapter 21 School Property and Supplies

Research References

Am. Jur. 67B Am. Jur. 2d, Schools, § 86 et seq.

C.J.S. 78 C.J.S., Schools, § 8, § 507 et seq.

Subchapter 1 — General Provisions

Effective Dates. Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1955, No. 176, § 3: Mar. 8, 1955. Emergency clause provided: “It is hereby determined by the General Assembly that the educational institutions of this State that offer military training are in need of immediate passage of law authorizing such agencies to enter into agreements with the Federal Government relative to the use of property and equipment in such military training courses, and that the passage of this act is necessary to grant such authority. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 249, § 13: July 1, 1985. Emergency clause provided: “It is hereby found and determined by the Seventy-Fifth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1985 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1985 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1985.”

Acts 2001, No. 912, § 3: Mar. 19, 2001. Emergency clause provided: “It is found and determined by the General Assembly that the establishment of internet use policies for our public schools and libraries is vital; and that until this act goes into effect, minors will not be afforded the protection which will result from this act. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003 (2nd Ex. Sess.), No. 90, § 5: emergency clause failed to pass. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002), declared the now existing system of education to be unconstitutional because it is both inequitable and inadequate; the Arkansas Supreme Court set forth the test for a constitutional system to be a system in which the state has an ‘absolute duty’ to provide an ‘equal opportunity to an adequate education’; and that this act is immediately necessary because the Arkansas Supreme Court instructed the General Assembly to define and provide what is necessary to provide an adequate and equitable education for the children of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 1327, § 8: Mar. 29, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court has determined that current public school academic facilities in Arkansas are inadequate and inequitable; that the General Assembly established the Joint Committee on Educational Facilities to inventory the current condition of public school academic facilities and recommend methods for bringing those facilities into conformity with the court's constitutional expectations; that the Division of Public School Academic Facilities and Transportation is charged with the administration of a comprehensive state program for overseeing the provision of constitutionally appropriate public school academic facilities across the state; and that the division must be given authority to immediately begin work on developing programs to provide constitutionally appropriate public school academic facilities for the benefit of public school students in the State of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 1424, § 3: Mar. 30, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court has determined that current public school academic facilities in the State of Arkansas are inadequate and inequitable; that the General Assembly established the Joint Committee on Educational Facilities to inventory the current condition of school facilities and recommend methods for bringing those facilities into conformity with the court's constitutional expectations; that one of the recommendations of the joint committee is to authorize the Division of Public School Academic Facilities to begin work immediately as a viable state agency; that the new division immediately needs, and will continue to need, the advice of an advisory committee comprised of members with expertise in public school design and construction and with issues particular to providing adequate and equitable public school academic facilities; that an advisory committee with the necessary expertise does not currently exist; that in response to the work of the joint committee, the General Assembly is in the process of developing and enacting legislation designed to establish a comprehensive program for overseeing the provision of adequate and substantially equal public school academic facilities across the state; that the General Assembly immediately needs, and will continue to need, the advice of an organized legislative committee comprised of members with expertise in issues particular to providing adequate and equitable public school academic facilities; and that an organized legislative committee with the necessary expertise does not currently exist. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 1672, § 6: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the study of staffing needs conducted pursuant to Act 64 of the Second Extraordinary Session of 2003 determined that the Department of Education is in need of reorganization; that this act would reorganize the department to help the department become more efficient and effective; and that to aid an orderly transition this act should become effective at the beginning of the next fiscal year. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2005.”

Identical Acts 2006 (1st Ex. Sess.), Nos. 32 and 33, § 4: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court declared the public school funding system to be inadequate and that the public schools are operating under a constitutional infirmity which must be corrected immediately; that to correct the constitutional infirmity the General Assembly must guarantee the provision of adequate academic facilities; and that the continued existence of the Commission for Arkansas Public School Academic Facilities and Transportation will assist the state in its efforts to guarantee adequate academic facilities for students throughout the state. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 625, § 4: Mar. 28, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the state's public schools in some cases may not be adequately insured to provide for the rebuilding of classrooms and facilities and continuing the provision of a quality education; that uninsured losses harm the state's ability to establish and maintain appropriate educational facilities for its students; and that this act is necessary to ensure that the Commission for Arkansas Public School Academic Facilities and Transportation in consultation with the Insurance Commissioner examine and address the state's public facility insurance needs to immediately address any deficiencies and maximize the state's educational resources. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 751, § 38: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act dissolves and transfers the duties of the Executive Chief Information Officer, Chief Information Officer, and Office of Information Technology; and that dissolving the offices at the beginning of the state's fiscal year will result in a more efficient transfer of responsibilities and funds. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2007.”

Identical Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 153: July 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Building Authority, the Arkansas Science and Technology Authority, the Department of Rural Services, and the Division of Land Surveys of the Arkansas Agriculture Department are inefficiently structured; that this inefficient structuring causes an excessive and unnecessary cost to the taxpayers of the this state; and that this act is essential to alleviating that financial burden. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2015.”

Acts 2017, No. 801, § 7: Apr. 1, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Division of Public School Academic Facilities and Transportation needs an advisory committee with the necessary expertise in order to effectively carry out its mission; that clarity is needed in the law as to which entity has appointment authority over new members of the Advisory Committee on Public School Academic Facilities; that the State of Arkansas is in need of a comprehensive review of academic facilities programs to ensure that the most efficient and effective programs are in place; and that this act is immediately necessary in order to constitute an advisory committee to immediately begin the work required in this act. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-21-101. Authority to permit use of public school buildings for community purposes.

  1. The General Assembly finds that the use of a public school facility under this section:
    1. Promotes the education, health, and well-being of the communities where schools are located; and
    2. Is an intended purpose for the use of school property under Arkansas Constitution, Article 14, § 2.
    1. The board of directors of a school district may permit members of the community to use land or public school facilities owned or operated by the school district for a community purpose, including without limitation:
      1. A social event;
      2. A civic event;
      3. Recreation;
      4. Health and wellness activities; and
      5. A lawful meeting of the citizens of the community.
    2. Community activities permitted at school facilities or on school land shall not interfere with an instructional day at the school where the community activities are held.
  2. To offset the cost of community use of school land or a public school facility, a school district may:
    1. Charge a fee;
    2. Accept gifts, grants, and donations from private sources, from municipal and county governments, from the state, and from the United States government; or
    3. Enter into a joint use agreement with a public agency, public entity, private entity, or nonprofit organization for shared use and responsibility of the school land or public school facility.

History. Acts 1931, No. 169, § 174; Pope's Dig., § 11616; A.S.A. 1947, § 80-517; Acts 2013, No. 1507, § 1.

Amendments. The 2013 amendment rewrote the section.

Case Notes

Operation of Tuition School.

A school board is authorized to permit the use of a public school building by teachers for the purpose of operating a tuition school after the closing of a public free school on account of the exhaustion of school funds. Burrow v. Pocahontas School Dist., 190 Ark. 563, 79 S.W.2d 1010 (1935).

6-21-102. Donation of laboratory equipment seized under drug paraphernalia law.

Any triple-beam balance or analytical balance or other laboratory equipment seized under Arkansas's drug paraphernalia law, or any other law, may be donated by the seizing authority to any public school in this state.

History. Acts 1991, No. 272, § 1.

Publisher's Notes. Former § 6-21-102, concerning authority to permit use of public school buildings by private schools, was repealed by Acts 1989, No. 950, § 1. The former section was derived from Acts 1875 (Adj. Sess.), No. 46, § 77, p. 55; C.& M. Dig., § 8934; Pope's Dig., § 11725; A.S.A. 1947, § 80-518.

6-21-103. Authority to contract for military training equipment — Costs.

  1. Each school district board of directors in the State of Arkansas shall have authority:
    1. To enter into contracts for the use of property and equipment for military training purposes;
    2. To enter into any mutually agreeable contract incidental thereto as may be required by federal law or regulations of the United States Secretary of the Army, Secretary of the Navy, or Secretary of the Air Force, or other federal officer or agency, for the care and safekeeping of the property and equipment, or for similar purposes; and
    3. To make reimbursement for the property and equipment.
    1. The cost of any bonds or security and reimbursements shall be paid from funds available for the operation of the school district.
    2. This includes, but is not limited to, the authority to obligate any funds available, whether by appropriation or otherwise, for the purpose of executing bonds to secure the safekeeping and return of United States Government property issued in connection with military training purposes.

History. Acts 1955, No. 176, § 1; A.S.A. 1947, § 80-3317.

Publisher's Notes. Acts 1955, No. 176, § 1, is also codified as § 6-62-102.

6-21-104. Distribution of surplus commodities in school lunch program.

Upon the request of the State Board of Education and with the approval of the Secretary of the Department of Finance and Administration, the Department of Finance and Administration may administer the program of distribution of surplus commodities in the school lunch program under such arrangements with respect to the employment of personnel and the payment of the salaries of personnel, and maintenance, as may be mutually agreeable with the agencies above mentioned.

History. Acts 1953, No. 542, § 6; A.S.A. 1947, § 80-131.1; Acts 2019, No. 910, § 3368.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

6-21-105. Braille and large print textbooks.

  1. It is declared to be the duty of the Arkansas School for the Blind to provide braille and large print textbooks for blind and visually impaired students attending public schools in this state.
  2. The superintendents of school districts shall make application to the Superintendent of the Arkansas School for the Blind for textbooks of braille and large print when students in school districts qualify for such books and the requested textbooks are required for other students in the district.

History. Acts 1985, No. 249, §§ 8, 9; A.S.A. 1947, §§ 80-1768, 80-1769.

6-21-106. Fire hazards inspection before closing for breaks.

      1. At least seven (7) calendar days before the beginning of Christmas break, a local official of each public elementary and secondary school in this state shall request an inspection of the premises by the fire department providing fire protection to the school buildings.
      2. If the chief executive officer of the fire department receives the request at least seven (7) calendar days before the beginning of Christmas break, he or she shall cause the school buildings to be inspected for fire hazards.
      3. The inspection shall be conducted before the beginning of Christmas break.
      1. At least seven (7) calendar days before the end of the school year, a local official with each public elementary and secondary school in this state shall request an inspection of the premises by the fire department providing fire protection to the school buildings.
      2. If the chief executive officer of the fire department receives the request at least seven (7) calendar days before the end of the school year, he or she shall cause the buildings to be inspected for fire hazards.
      3. The inspection shall occur before the end of the school year.
  1. The chief executive officer of the fire department shall file a written report of the inspection with the local official for the school district where the public school building is located within ten (10) calendar days after the inspection.
  2. The inspection shall be conducted at no cost to the school.
    1. The local official shall file a written report with the chief executive officer of the fire department within seven (7) calendar days after receiving the inspection report.
    2. The local official's report shall indicate:
      1. What action was taken in response to the inspection report and the date the action was completed; or
      2. What action will be taken in response to the inspection report and the anticipated date of completion of the action.
    3. If the inspection report of the fire department includes deficiencies that require a response or other action, the local official shall also file the report required by this subsection with the State Fire Marshal Enforcement Section.
      1. If the local official does not receive a written inspection report for a public school building as required by this section from the chief executive officer of the fire department providing fire protection to the public school building, the local official shall notify:
        1. The State Fire Marshal Enforcement Section; and
        2. The quorum court of the county in which the fire department is located.
      2. The local official shall provide the notifications required by this subdivision (e)(1) not less than thirty (30) days from the date the inspection was required to take place.
    1. The quorum court shall withhold from a fire department that is the subject of notification under this subsection the fire department's apportionment of distributions from the Fire Protection Premium Tax Fund under § 14-284-403 until the fire department completes the inspection and delivers the report to the local official.
    2. If the required inspection is subsequently performed, the fire department shall file the report required under subsection (b) of this section with the local official and the State Fire Marshal Enforcement Section.
      1. Immediately upon receipt of the required report from the fire department, the local official shall notify the quorum court that the required report has been received.
      2. Upon receipt of the local official's notification to the quorum court, the quorum court shall disburse any Fire Protection Premium Tax Fund apportionment previously withheld due to the fire department's ineligibility under this section.
  3. The chief executive officer of the fire department may inspect any work performed by or on behalf of the school or school district to correct deficiencies noted in the inspection report.
  4. The chief executive officer of the fire department shall notify the State Fire Marshal Enforcement Section and the Division of Elementary and Secondary Education if:
    1. The chief executive officer of the fire department does not receive the local official's report required under subsection (d) of this section, within seven (7) days of the date the report was due; or
    2. The school district does not correct all deficiencies noted in the inspection report by the completion date indicated in the local official's report.
    1. Any person who intentionally violates this section is subject to a fine not to exceed one hundred dollars ($100) per violation.
    2. The failure of a public school local official to respond as provided in subsection (d) of this section to correct the deficiencies noted in an inspection report is an indicator of facilities distress under § 6-21-811.

History. Acts 1987, No. 152, §§ 1, 2; 1989, No. 411, § 1; 1995, No. 1296, § 28; 2005, No. 1994, § 68; 2007, No. 538, § 1; 2009, No. 376, § 45; 2017, No. 935, § 7; 2019, No. 910, § 1719.

Amendments. The 2009 amendment substituted “report” for “by the chief executive officer of the fire department” in (d)(2)(B).

The 2017 amendment redesignated (a)(1) as (a)(1)(A)-(C); redesignated (a)(2) as (a)(2)(A)-(C); substituted “a local official” for “the school superintendent” in (a)(1)(A); substituted “a local official with” for “the school superintendent of” in (a)(2)(A); substituted “local official” for “superintendent” in (b) and made similar changes throughout the rest of the section; inserted “conducted” in (c); deleted “superintendent’s” preceding “report required” in (d)(3); and made stylistic changes.

The 2019 amendment substituted “of the Division of Arkansas State Police and the Division of Elementary and Secondary Education” for “of the Department of Arkansas State Police and the Department of Education” in the introductory language of (g).

Cross References. State Fire Prevention Commission, § 20-22-201 et seq.

6-21-107. Official computer use policy — Definitions.

    1. The board of directors of each school district in this state shall develop and adopt a written policy concerning student and staff use of computers owned by the school district.
    2. The written policy shall state that a system to prevent computer users from accessing material harmful to minors shall be established and maintained for all public access computers in the school district. The policy shall be implemented by August 1, 2001.
  1. The written policy shall include provisions for administration of punishment of students for violations of the policy with stiffer penalties for repeat offenders, and the same shall be incorporated into the school district's written student discipline policy.
  2. Students shall sign a computer-use agreement form outlining proper and improper use of public access computers before being allowed to access the computer equipment.
  3. For purposes of this section:
    1. “Harmful to minors” has the same meaning as prescribed in § 5-68-501; and
    2. “Public access computer” means a computer that:
      1. Is located in a public school or public library;
      2. Is accessible by a minor; and
      3. Is connected to any computer communication system such as, but not limited to, what is commonly known as the internet.

History. Acts 1997, No. 801, § 1; 2001, No. 912, § 1.

Cross References. Public library computer use policy, § 13-2-103.

6-21-108. School districts authorized to own and convey real property — Donation of property for educational purposes and beneficial educational services only.

  1. In addition to the authority of school districts under § 6-13-620, a school district board of directors may acquire and hold real estate, tenements, hereditaments, and other real property necessary for the education of students and the administration of the school district.
    1. If the board of directors for a school district determines that real property owned or controlled by the school district is not required for the present or future needs of the school district and that the donation of the real property would serve a beneficial educational service for the citizens of the school district, then the school district may donate real property to a publicly supported institution of higher education, a technical institute, a community college, a not-for-profit organization, a county, a city, an incorporated town, or any entity thereof for the following limited purposes:
      1. Having the real property preserved, improved, upgraded, rehabilitated, or enlarged by the donee;
      2. Providing a publicly supported institution of higher education, a technical institute, or a community college with the donated property in which to hold classes; or
      3. Providing community programs and beneficial educational services, social enrichment programs, or after-school programs.
    2. A school district may donate the fee simple title and absolute interest in real property, without any reservations or restrictions to the real property, to a publicly supported institution of higher education, a technical institute, a community college, a not-for-profit organization, a county, a city, an incorporated town, or any entity thereof.
    3. If two (2) years after the effective date of consolidation the real property of the consolidated school district is not used by the school district for educational purposes and has not been sold, preserved, leased, or donated, the school district board of directors shall make the real property available to a publicly supported institution of higher education, a technical institute, a community college, a not-for-profit organization, a county, a city, an incorporated town, or any entity thereof, by donation or low-cost long-term lease, for the following limited purposes:
      1. Having the real property preserved, improved, upgraded, rehabilitated, or enlarged by the donee;
      2. Providing a publicly supported institution of higher education, a technical institute, or a community college with the donated property in which to hold classes; or
      3. Providing community programs and beneficial educational services, social enrichment programs, or after-school programs.
  2. A contract, conveyance, or lease shall be executed by the president and confirmed by the secretary of the school district board of directors after the contract, conveyance, or lease is authorized by a written resolution approved by a majority vote of the school district board of directors.
    1. If the school district donates real property to an entity under this section, the school district shall have the right of first refusal to reacquire the real property if the entity decides to sell or otherwise dispose of the real property.
    2. The school district is not required to compensate the entity for improvements to real property reacquired under this section.

History. Acts 1999, No. 1531, § 1; 2005, No. 2260, § 2; 2013, No. 318, § 3; Acts 2015, No. 394, § 1.

A.C.R.C. Notes. Acts 2013, No. 318, § 1, provided:

“(a) Lack of use or under-utilization of real property as a result of the consolidation of a school district can cause a significant loss of investment to the state and the communities where the real property is located.

“(b) It is in the best interest of the state and the communities where the real property is located to ensure the real property is utilized.”

Amendments. The 2013 amendment inserted “and beneficial education services” in the section heading; rewrote (a) and the introductory language of (b)(1); inserted “preserved” in (b)(1)(A); deleted “for students who are from the school district or to educate pupils from within the donating school district even if students from outside the school district might also benefit” following “classes” in (b)(1)(B), and deleted similar language in (b)(1)(C); inserted “and beneficial educational services” in (b)(1)(C); rewrote (b)(2); added (b)(3); rewrote (c); substituted “section” for “subsection” at the end of (d)(2); and made stylistic changes.

The 2015 amendment inserted “an incorporated town” in (b)(1); and added “an incorporated town, or any entity thereof” in (b)(2) and (3).

6-21-109. Rules governing public works projects — Definition.

  1. The Commission for Arkansas Public School Academic Facilities and Transportation, after consulting with the Building Authority Division and any other entities, shall establish rules applicable to public educational entities for all public works projects when the public educational entity uses its own employees or acts as a general contractor.
    1. As used in this section, “public educational entities” means Arkansas public school districts, public charter schools, education service cooperatives, or any publicly supported entity having supervision over public educational entities.
    2. “Public educational entities” does not include institutions of higher education.

History. Acts 2001, No. 1204, § 1; 2007, No. 186, § 1; 2007, No. 617, § 25; 2009, No. 1472, § 1; 2019, No. 910, § 6054.

Amendments. The 2009 amendment substituted “Commission for Arkansas Public School Academic Facilities and Transportation” for “State Board of Education” in (a).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a).

6-21-110. Rules governing disposition of school property — Definitions.

  1. As used in this section:
    1. “Immediate family member” means an individual's spouse, children of the individual or spouse, a child's spouse, parents of the individual or the spouse, brothers and sisters of the individual, anyone living or residing in the same residence or household with the individual or the spouse, and anyone acting or serving as an agent of the individual; and
      1. “Public educational entities” means Arkansas public school districts, public charter schools, education service cooperatives, or any publicly supported entity having supervision over public educational entities.
      2. “Public educational entities” does not include institutions of higher education.
  2. It is hereby declared against public policy and prohibited for any public educational entity to give, donate, or transfer without adequate market value consideration any public property to administrators, board members, or employees of the public educational entity, or immediate family members of any of these individuals.
  3. Public educational entities are prohibited from giving public property having a value of over one hundred dollars ($100) to leaving or retiring board members, administrators, employees, or members of their immediate family.
  4. Unless specifically mandated by law or court order, public educational entities are prohibited from retroactively raising the salary, granting stipends, or providing other compensation for an administrator beyond the current fiscal year.
  5. The State Board of Education shall establish rules consistent with the provisions of this section regarding the disposition of public property by public educational entities.

History. Acts 2001, No. 1224, § 1; 2007, No. 617, § 26; 2019, No. 315, § 301.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (e).

6-21-111. Appropriate computer usage for minors — Definitions.

  1. As used in this section:
    1. “Harmful to minors” means that quality of any description, exhibition, presentation, or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when the material or performance, taken as a whole, has the following characteristics:
      1. The average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors;
      2. The average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and
      3. The material or performance lacks serious literary, scientific, medical, artistic, or political value for minors; and
    2. “Public access computer” means a computer that:
      1. Is located in a public school;
      2. Is frequently or regularly used directly by a minor; and
      3. Is connected to any computer communication system.
  2. A public school that provides a public access computer shall equip the computer with technology that seeks to prevent minors from gaining access to material that is harmful to minors or obtain internet connectivity from an internet service provider that provides filter services to limit access to material that is harmful to minors. Standards and rules for the enforcement of this subsection shall be prescribed by the State Board of Education.
  3. A school district board of directors by a majority vote and after an opportunity for a notice and comment period of at least thirty (30) calendar days may vote to exclude the public schools under its authority from the provisions of subsection (b) of this section.

History. Acts 2001, No. 1533, §§ 1, 2.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

6-21-112. Division of Public School Academic Facilities and Transportation.

  1. In order to ensure that substantially equal access to adequate educational facilities and educational equipment is provided for all public school students in Arkansas, the General Assembly finds that a division of public school academic facilities and transportation should be established under the direct supervision of the Commission for Arkansas Public School Academic Facilities and Transportation.
  2. There is created the Division of Public School Academic Facilities and Transportation, which shall operate under the supervision of the Commission for Arkansas Public School Academic Facilities and Transportation.
    1. The Commission for Arkansas Public School Academic Facilities and Transportation shall select an individual to serve as the Director of the Division of Public School Academic Facilities and Transportation. The director shall serve at the pleasure of the commission.
    2. The person selected as the director shall:
      1. Be a person of good moral character and qualified technically and by experience to direct the work of the Division of Public School Academic Facilities and Transportation;
      2. Have significant knowledge and experience in construction; and
      3. Have ten (10) years' experience in an administrative, supervisory, or management position.
    3. No person who is related within the fourth degree of consanguinity or affinity to any member of the Commission for Arkansas Public School Academic Facilities and Transportation shall be eligible to serve as the director.
  3. The director, with guidance and approval from the Commission for Arkansas Public School Academic Facilities and Transportation, shall be responsible for hiring all employees of the Division of Public School Academic Facilities and Transportation.
    1. The Secretary of the Department of Transformation and Shared Services shall assign one (1) individual to serve as a technology liaison to the Division of Public School Academic Facilities and Transportation.
    2. The secretary shall assign one (1) individual from the staff of the Building Authority Division to serve as a physical plant liaison to the Division of Public School Academic Facilities and Transportation.
  4. The Division of Public School Academic Facilities and Transportation shall:
    1. Provide information or assistance to the Academic Facilities Oversight Committee as requested;
    2. Use recommendations or assessments of the Academic Facilities Oversight Committee or the General Assembly as a basis for establishing the policies and procedures of the Division of Public School Academic Facilities and Transportation;
    3. Develop and implement the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq.;
    4. Administer the various programs of state financial participation in support of local academic facilities;
      1. Develop and implement an ongoing uniform process for collecting, inventorying, and updating information on the condition of all public school academic facilities in the state.
      2. If the process developed is an automated statewide system, it shall encompass all school districts;
    5. Develop and implement an ongoing process for collecting records from state agencies of all lawfully required inspections of public school academic facilities conducted by state agencies and commissions;
    6. Develop a facility cost index that provides a methodology for comparing the cost of repairing the condition of a public school academic facility to the cost of replacing the public school academic facility with a facility containing the same amount of square footage;
    7. Conduct unannounced random on-site inspections of public school academic facilities;
    8. Enforce through planning minimum standards for accessibility to public school academic facilities and programs for individuals with disabilities;
    9. Develop guidelines for competitive bidding, competitive negotiation, and other methods of procurement for public school academic facilities projects;
    10. Develop incentive programs to reward school districts for innovative, effective, and efficient use of local and state resources with regard to public school academic facilities;
    11. Review applicable statutes and rules for conflicts with or omission of energy-related content;
    12. Administer the school transportation program in the various school districts of Arkansas, including without limitation:
      1. The training of school bus drivers; and
      2. The inspection of school buses, as defined in § 6-19-110;
    13. Keep records showing the location of the academic facilities in the state by school district;
      1. Report by October 1 of each year to the Governor, the House Committee on Education, the Senate Committee on Education, and the Academic Facilities Oversight Committee on the status of implementation of the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq.
      2. The report also shall include summary results of lawfully required inspections of public school academic facilities by state agencies and commissions;
    14. Report by October 1 of each even-numbered year to the Governor, the House Committee on Education, the Senate Committee on Education, and the Academic Facilities Oversight Committee on the state academic facilities master plan;
    15. Maintain a public access website dedicated to public school academic facilities; and
    16. Develop and implement a statewide facilities needs priority list that provides a methodology for:
      1. Prioritization of state school district facility needs; and
      2. Comparing the school district advancement of improving facility conditions with school district master plans.
  5. The Division of Public School Academic Facilities and Transportation may:
    1. Contract with, retain the services of, or designate and fix the compensation of consultants, advisors, architects, engineers, and other independent contractors as may be necessary or desirable to carry out the Arkansas Public School Academic Facilities Program or any related program over which the Division of Public School Academic Facilities and Transportation has authority;
      1. Accept all donations, grants of money, equipment, supplies, materials, and services conditional or otherwise from private sources, from municipal and county governments, from the state, and from the United States Government.
      2. The Division of Public School Academic Facilities and Transportation may use any of its resources to further the Division of Public School Academic Facilities and Transportation's purposes and functions; and
    2. Make and enter into all contracts, commitments, and agreements and execute all instruments necessary or incidental to the performance of its duties and powers under this section, the Arkansas Public School Academic Facilities Program, or any other related program over which the Division of Public School Academic Facilities and Transportation has authority.
  6. The Division of Elementary and Secondary Education shall coordinate and share certain administrative, custodial, legal, internal finance, and other necessary personnel and responsibilities to effectuate the daily operations of the Division of Public School Academic Facilities and Transportation and the Division of Information Systems.

History. Acts 2003 (2nd Ex. Sess.), No. 90, § 2; 2005, No. 1327, § 1; 2007, No. 751, § 2; 2007, No. 989, § 16; 2007, No. 1580, § 1; 2009, No. 1473, § 14; 2009, No. 1475, § 1; 2015, No. 722, § 1; 2015 (1st Ex. Sess.), No. 7, § 2; 2015 (1st Ex. Sess.), No. 8, § 2; 2019, No. 757, § 51; 2019, No. 910, §§ 1720, 1721.

Publisher's Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 2 specifically amended this section as amended by Acts 2015, No. 722.

Amendments. The 2009 amendment by No. 1473 rewrote (f)(5).

The 2009 amendment by No. 1475 inserted (f)(6) and redesignated the remaining subdivisions accordingly; substituted “and rules” for “rules, and regulations” in (f)(12); rewrote (f)(13) and (f)(15); and made a stylistic change in (f)(2).

The 2015 amendment by No. 722 rewrote (f)(15)(A).

The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted the second occurrence of “Division of Public School Academic Facilities and Transportation” for “division” in (d); rewrote (e)(2); substituted “Division of Public School Academic Facilities and Transportation” for “division” throughout (f), (g), and (h); deleted “as established in” following “Act” in (f)(3); and substituted “Department of Information Systems” for “department” in (h).

The 2019 amendment by No. 757, in (f)(14), deleted “a description of each school district in the state, a map showing the school districts with current and accurate boundaries” following “showing”, inserted “in the state by school district”, and deleted “and the electoral zones, if any, into which each school district has been divided” at the end.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Transformation and Shared Services” for “Director of the Department of Information Systems” in (e)(1) and (e)(2); deleted “of the Department of Finance and Administration” following “Building Authority Division” in (e)(2); and, in (h), substituted “Division of Elementary and Secondary Education” for “Department of Education” and substituted “Division of Information Systems” for “Department of Information Systems”.

6-21-113. Advisory Committee on Public School Academic Facilities.

  1. To assist the Division of Public School Academic Facilities and Transportation, there is established the Advisory Committee on Public School Academic Facilities to be composed of the following members who must be willing to devote adequate time to the work of the committee and who reflect the demographics of the state:
    1. The Director of the Division of Public School Academic Facilities and Transportation or the director's designee, who shall also serve as secretary to the committee;
    2. One (1) person who is a licensed building contractor experienced in public school construction selected from a list of no fewer than three (3) names submitted by the Arkansas Chapter of the Associated General Contractors of America;
    3. One (1) person who is a licensed architect experienced in public school design submitted by the Arkansas Chapter, the American Institute of Architects;
    4. One (1) person who is a licensed or registered mechanical engineer experienced in public school mechanical and plumbing systems design selected from a list of no fewer than three (3) names submitted by the Arkansas Society of Professional Engineers;
    5. One (1) person who is a licensed or registered electrical engineer experienced in public school electrical systems design selected from a list of no fewer than three (3) names submitted by the Arkansas Society of Professional Engineers;
    6. One (1) person who is a licensed or registered civil engineer experienced in public school civil engineering design and construction selected from a list of no fewer than three (3) names submitted by the Arkansas Society of Professional Engineers;
    7. Two (2) persons selected by the Commission for Arkansas Public School Academic Facilities and Transportation, one (1) of whom is knowledgeable and holds certification in the field of educational technology applications and strategies;
    8. Two (2) persons selected from a list of six (6) names submitted by the Arkansas Association of Educational Administrators from its membership;
    9. One (1) person selected from a list of three (3) names submitted by the Arkansas Education Association from its membership;
    10. Two (2) persons selected from a list of six (6) names submitted by the Arkansas School Boards Association from its membership;
    11. Two (2) persons selected from a list of six (6) names submitted by the Arkansas Rural Ed Association from its membership;
    12. One (1) person selected from a list of three (3) names submitted by the Arkansas Public School Resource Center, Inc., from its membership; and
    13. Three (3) persons, one (1) from each of the professions of construction, architecture, and education, selected by the commission to serve as ex-officio members of the committee based on prior service on the committee.
      1. All members shall serve four-year terms.
      2. One-half (1/2) of the members shall serve a term that is staggered from the remaining members' terms by two (2) years.
      3. All terms shall expire on April 1.
    1. Membership is limited to two (2) terms.
  2. Nonstate employee members of the committee shall serve without compensation but may receive expense reimbursement in accordance with § 25-16-902.
  3. All members of the committee shall be appointed by the commission.
  4. The committee shall meet at least one (1) time every year.
  5. The committee shall study and review the current and long-term viability of the Academic Facilities Partnership Program.
  6. The committee may study and review other programs, laws, and administrative rules pertaining to school facilities, including without limitation the following:
    1. Design and construction standards contained in the Arkansas Public School Academic Facility Manual;
    2. Public school district participation in and compliance with the Academic Facilities Master Plan Program;
    3. The efficacy of establishing, on a ten-year cycle, a statewide public school assessment survey to assess the condition of all elementary and secondary school facilities; and
    4. Public school inspection reports compiled in accordance with § 6-21-813.

History. Acts 2005, No. 1424, § 2; 2013, No. 1422, § 1; 2017, No. 801, §§ 1, 2.

A.C.R.C. Notes. Acts 2017, No. 801, § 5, provided: “Acts 2013, No. 1422, § 2, concerning the appointment of members to the Advisory Committee on Public School Academic Facilities, is repealed.”

Amendments. The 2013 amendment rewrote the section.

The 2017 amendment substituted “committee” for “Advisory Committee on Public School Academic Facilities” throughout (a); in (a)(2), substituted “One (1) person who is a licensed building contractor” for “Two (2) persons who are licensed building contractors” and “three (3)” for “six (6)”; substituted “One (1) person who is a licensed architect” for “Two (2) persons who are licensed architects” in (a)(3); in (a)(7), substituted “Two (2) persons” for “One (1) person” and “one (1) of whom” for “who”; added “from its membership” in (a)(8) and (a)(9); in (a)(10), substituted “Two (2) persons” for “One (1) person”, “six (6)” for “three (3)”, and added “from its membership”; inserted present (a)(11) and (12) and redesignated former (a)(11) as (a)(13); rewrote (a)(13); and added (d) through (g).

6-21-114. Commission for Arkansas Public School Academic Facilities and Transportation — Created.

  1. There is created the Commission for Arkansas Public School Academic Facilities and Transportation, which shall consist of the following:
    1. The Secretary of the Department of Finance and Administration;
    2. The Commissioner of Elementary and Secondary Education; and
    3. The President of the Arkansas Development Finance Authority.
    1. The members of the commission shall meet and organize immediately after March 29, 2005. The Commissioner of Elementary and Secondary Education shall be the chair of the commission.
      1. The commission shall meet upon the call of the chair.
        1. The secretary of the commission shall be an employee of the Division of Public School Academic Facilities and Transportation assigned to the commission by the chair of the commission.
        2. The secretary of the commission shall give members advance notice of the agenda of each meeting.
      1. Two (2) members of the commission shall constitute a quorum for the purpose of transacting business.
      2. A quorum is required for any action of the commission.
    2. Members of the commission shall serve without compensation but may receive expense reimbursement in accordance with § 25-16-902.
  2. Staff support shall be provided by appropriate personnel of the Department of Finance and Administration, the Division of Elementary and Secondary Education, the Arkansas Development Finance Authority, and the Division of Public School Academic Facilities and Transportation.
  3. The commission shall:
    1. Oversee the operations of the Division of Public School Academic Facilities and Transportation;
      1. Promulgate rules in consultation with the Insurance Commissioner to establish property, boiler and machinery, and extended coverage insurance requirements and guidelines for all buildings, structures, facilities, and business personal property owned by a school district.
      2. The rules promulgated by the commission under subdivision (d)(2)(A) of this section shall:
        1. Attempt to provide the most cost-efficient manner for protecting each school district from loss of or damage to the school district's buildings, structures, facilities, and business personal property;
        2. Require property, boiler and machinery, and extended coverage insurers to have a minimum A.M. Best rating;
        3. Establish bidding requirements and procedures, if applicable to any insurance coverage; and
          1. Be binding upon each school district for any placement or renewal of insurance coverage after June 1, 2007.
          2. The state's financial participation under the Academic Facilities Partnership Program provided by § 6-20-2507 or the Academic Facilities Catastrophic Program provided by § 6-20-2508 may be withheld or reduced by the commission if a school district does not comply with the rules promulgated under subdivision (d)(2)(A) of this section; and
    2. Appoint all members of the Advisory Committee on Public School Academic Facilities.
  4. The commission may:
    1. Perform any act and provide for the performance of any function necessary or desirable to carry out the purposes of the Arkansas Public School Academic Facilities Program and any other related program;
      1. Adopt, amend, and rescind rules as necessary or desirable for the administration of the Arkansas Public School Academic Facilities Program and any other related program.
      2. The commission shall report to the Administrative Rules Subcommittee of the Legislative Council in a manner consistent with § 10-3-309 on the adoption, amendment, rescission, or repeal of any proposed rule related to the administration of the Arkansas Public School Academic Facilities Funding Act, § 6-20-2501 et seq., the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq., or any other related program;
    2. Contract with, retain the services of, or designate and fix the compensation of consultants, advisors, architects, engineers, and other independent contractors as may be necessary or desirable to carry out the Arkansas Public School Academic Facilities Program or any related program; and
    3. Study and promulgate rules concerning:
      1. The propriety and feasibility of requiring that each school district maintain insurance coverage against loss due to:
        1. Earth movement; or
        2. The operation of a school district's motor vehicles and buses; and
      2. The appropriate amount of insurance coverage under this subdivision (e)(4).
  5. The commission shall report annually on its activities to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Governor, the House Committee on Education, the Senate Committee on Education, the State Board of Education, and the Academic Facilities Oversight Committee.

History. Acts 2005, No. 1327, § 2; 2006 (1st Ex. Sess.), No. 32, § 2; 2006 (1st Ex. Sess.), No. 33, § 2; 2007, No. 625, § 1; 2009, No. 1473, § 15; 2015, No. 722, §§ 2, 3; 2017, No. 801, § 3; 2019, No. 910, §§ 1722-1725.

Amendments. The 2009 amendment added (e)(5).

The 2015 amendment deleted “at least quarterly and” following “meet” in (b)(2)(A); and repealed former (e)(5).

The 2017 amendment added (d)(3).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1); substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a)(2) and (b)(1); substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c); and substituted “Division of Public School Academic Facilities and Transportation” for “division” in (c) and (d)(1).

6-21-115. Name of division — Operation — Director.

  1. The division established under § 6-21-112 within the Division of Elementary and Secondary Education shall be known as the “Division of Public School Academic Facilities and Transportation”.
    1. The Division of Public School Academic Facilities and Transportation shall operate under the direction, control, and supervision of the Commission for Arkansas Public School Academic Facilities and Transportation.
    2. The Division of Public School Academic Facilities and Transportation shall not operate under the direction, control, and supervision of the State Board of Education.
  2. The Director of the Division of Public School Academic Facilities and Transportation shall be selected by the commission and shall serve at the pleasure of the commission.

History. Acts 2005, No. 1672, § 5; 2006 (1st Ex. Sess.), No. 32, § 3; 2006 (1st Ex. Sess.), No. 33, § 3; 2019, No. 910, § 1726.

Amendments. The 2019 amendment, in (a), inserted “within the Division of Elementary and Secondary Education” and deleted “of the Department of Education” from the end; and substituted “Division of Public School Academic Facilities and Transportation” for “division” in (b)(1) and (b)(2).

6-21-116. Tornado shelter construction.

  1. All building plans for new public school facilities may include a tornado shelter or a designated reinforced area designed to withstand tornadoes and high-speed winds.
    1. School districts shall be required to generate funds to meet the requirements of subsection (a) of this section.
    2. School districts may apply for grant funds to assist in the construction of a tornado shelter or a designated reinforced area in new public school facilities.
    3. In calculating the amount of state financial participation in a facilities project that includes a tornado shelter or designated reinforced area, the Division of Public School Academic Facilities and Transportation shall deduct from the project cost the total amount of grant funds received by the school district for the shelter or area.
  2. Facilities constructed under this section will be subject to review under § 6-20-1407.

History. Acts 2007, No. 1584, § 1; 2009, No. 1473, § 16; 2013, No. 420, § 7.

Amendments. The 2009 amendment rewrote the section heading and (c).

The 2013 amendment added (b)(3).

6-21-117. Leased academic facilities.

An academic facility leased by a school district shall:

  1. Not be entitled to facilities program funding under the Arkansas Public School Academic Facilities Funding Act, § 6-20-2501 et seq.;
  2. Conform to the school facility standards defined in the Arkansas School Facility Manual;
  3. Be inspected by the Division of Public School Academic Facilities and Transportation to ensure that the facility complies with required academic facility standards before the execution of a lease or a renewal of an existing lease;
  4. Be eligible for a waiver commensurate with the Arkansas School Facility Manual granted by the Commission for Arkansas Public School Academic Facilities and Transportation; and
  5. Be exempt from the academic facility standards for the duration of the replacement of an academic facility that is lost due to a catastrophic event if the leased academic facility is used solely for the purpose of providing an academic facility.

History. Acts 2009, No. 1473, § 17.

6-21-118. Taxation of public school buildings — Definition.

  1. As used in this section, “public school buildings” includes:
    1. School buildings and apparatus used for school purposes by a public school district or open-enrollment public charter school; and
    2. Libraries and grounds used exclusively for school purposes by a public school district or open-enrollment public charter school.
  2. A public school building is exempt from taxation under Arkansas Constitution, Article 16, § 5, whether the public school building is:
    1. Owned by a public school district or an open-enrollment public charter school;
      1. Leased by a public school district or an open-enrollment public charter school on a lease-purchase agreement.
      2. In order to be exempt from taxation under subdivision (b)(2)(A) of this section, a lessor shall file the lease-purchase agreement with the county recorder.
      3. If the lease-purchase agreement that is required to be filed with the county recorder under subdivision (b)(2)(B) of this section is terminated, the lessor shall pay the last three (3) years of property tax due on the public school building; or
      1. Leased by a public school district or an open-enrollment public charter school on any other lease agreement for an amount below fair market value.
      2. In order to be exempt from taxation under subdivision (b)(3)(A) of this section, a lessor shall present evidence to the county assessor that:
        1. The lease agreement is for an amount below fair market value; and
        2. The difference between the amount of the lease agreement and fair market value is equal to or greater than the amount that would have been collected in taxes on the public school building if the public school building had not been exempt from taxation under this section.
        1. If the county assessor determines that the lease agreement does not meet the requirements of subdivision (b)(3)(A) of this section, the lessor may appeal the determination to the county court under § 14-14-1105.
        2. An appeal from a decision of the county court may be made to the circuit court.
  3. The lessor shall notify the county assessor if the public school building no longer meets the requirements under subdivision (b)(2) or subdivision (b)(3) of this section.

History. Acts 2017, No. 943, § 1.

Subchapter 2 — Equal Access Act

6-21-201. Title.

This subchapter may be cited as the “Equal Access Act”.

History. Acts 1985, No. 792, § 1; A.S.A. 1947, § 80-1918.

6-21-202. Definitions.

As used in this subchapter:

  1. “Meeting” includes those activities of student groups that are permitted under a school's limited open forum and are not directly related to the school curriculum, including, but not limited to, student-planned graduation ceremonies and student-planned pregame activities at sports events;
  2. “Noninstructional time” means time set aside by the school before actual classroom instruction begins or after actual classroom instruction ends;
  3. “School endorsement” means that a school official or employee approves or selects a speaker or approves, selects, or writes any content of the speech. Student-initiated meetings limited to student speech with content-neutral guidelines shall not constitute school endorsement;
  4. “Secondary school” means a public school that provides secondary education as determined by law; and
  5. “Sponsorship” includes the act of promoting, leading, or participating in a meeting. The assignment of a teacher, administrator, or other school employee to a meeting for custodial purposes does not constitute sponsorship of the meeting.

History. Acts 1985, No. 792, § 3; A.S.A. 1947, § 80-1920; Acts 1993, No. 988, § 1.

6-21-203. Construction.

  1. Nothing in this subchapter shall be construed to authorize the State of Arkansas or a political subdivision thereof:
    1. To influence the form or content of any prayer or other religious activity;
    2. To require any person to participate in prayer or other religious activity;
    3. To expend public funds beyond the incidental cost of providing the space for student-initiated meetings;
    4. To compel any school agent or employee to attend a school meeting if the content of the speech at the meeting is contrary to the beliefs of the agent or employee;
    5. To sanction meetings that are otherwise unlawful;
    6. To limit the rights of groups of students which are not of a specified numerical size; or
    7. To abridge the constitutional rights of any person.
  2. Nothing in this subchapter shall be construed to limit the authority of the school, its agents, or its employees to maintain order and discipline on school premises, to protect the well-being of students and faculty, and to assure that attendance of students at meetings is voluntary.

History. Acts 1985, No. 792, § 2; A.S.A. 1947, § 80-1919.

Research References

Ark. L. Rev.

Note, The Establishment Clause and Prayers in Public High School Graduations: Jones v. Clear Creek Independent School District, 47 Ark. L. Rev. 653.

6-21-204. Prohibition of denial of equal access.

  1. It shall be unlawful for any public secondary school that receives state financial assistance and that has a limited open forum to deny equal access or a fair opportunity to, or to discriminate against, any students who wish to conduct a meeting within that limited open forum on the basis of the religious, political, philosophical, or other content of the speech at the meeting.
  2. Each school district may develop a procedure to notify, in writing, all students and their parents of the provisions of this subchapter and to document the receipt of that notice.

History. Acts 1985, No. 792, § 2; A.S.A. 1947, § 80-1919; Acts 1993, No. 988, § 2.

6-21-205. Limited open forum.

A public secondary school has a limited open forum whenever such school grants an offering to or opportunity for one (1) or more noncurriculum-related student groups to meet on school premises during noninstructional time.

History. Acts 1985, No. 792, § 2; A.S.A. 1947, § 80-1919.

6-21-206. Fair opportunity.

Schools shall be deemed to offer a fair opportunity to students who wish to conduct a meeting within its limited open forum if such school uniformly provides that:

  1. The meeting is voluntary and student-initiated;
  2. There is no sponsorship of the meeting by the school, the government, or its agents or its employees;
  3. Employees or agents of the school or government are present at religious meetings only in a nonparticipatory capacity;
  4. The meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school; and
  5. Non-school persons may not direct, conduct, control, or regularly attend activities of student groups.

History. Acts 1985, No. 792, § 2; A.S.A. 1947, § 80-1919.

Subchapter 3 — Acquisition of Commodities Generally

A.C.R.C. Notes. References to “this subchapter” in §§ 6-21-301 to 6-21-305 may not apply to § 6-21-306 which was enacted subsequently.

Effective Dates. Acts 1997, No. 1344, § 7: became law without the Governor's signature. Noted Apr. 11, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the present law regarding the purchase of used school buses is too time consuming and costly for our public school districts; that this act will provide our public school districts with an efficient and timely method for purchasing used school buses; and that this act should go into effect immediately to give our school districts the maximum flexibility in the acquisition of new school buses. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-21-301. Definitions.

As used in this subchapter:

  1. “Commodities” means all supplies, goods, material, equipment, machinery, facilities, personal property, and services, other than personal and professional services, purchased for or on behalf of the school district;
  2. “Open market purchases” means those purchases of commodities by any purchasing official in which competitive bidding is not required;
  3. “Purchase” means and includes not only the outright purchase of a commodity but also the acquisition of commodities under rental-purchase agreements, lease-purchase agreements, or any other type of agreements whereby the school district has an option to buy the commodity and to apply the rental payments on the purchase price thereof;
  4. “Purchase price” means the full sale or bid price of any commodity without any allowance for trade-in; and
  5. “Purchasing official” means the board of directors of any school district or a lawfully designated agent of the school district with authority to contract or make purchases on behalf of the school district.

History. Acts 1983, No. 639, § 1; A.S.A. 1947, § 80-551; Acts 1993, No. 896, § 1; 1997, No. 820, § 1.

6-21-302. Penalty.

A violation of the provisions of this subchapter shall be a Class C misdemeanor.

History. Acts 1983, No. 639, § 5; A.S.A. 1947, § 80-555.

6-21-303. Rules.

  1. The board of directors of each school district shall prescribe the method of soliciting bids and may adopt other rules governing the procurement of commodities.
      1. Each school district, according to its established reimbursement policy, shall provide to each prekindergarten through sixth grade (preK-6) teacher in each fiscal year for use by that teacher in his or her classroom or for class activities the greater of:
        1. Twenty dollars ($20.00) per student enrolled in the teacher's class for more than fifty percent (50%) of the school day at the end of the first three (3) months of the school year; or
        2. Five hundred dollars ($500) for the teacher to apply toward the purchase of related commodities.
      2. The teacher shall provide to the school district a receipt documenting any purchase.
    1. The board of directors of each school district shall adopt reasonable procedures for teachers to draw from or be reimbursed from the discretionary fund pursuant to this subsection.
  2. The Division of Elementary and Secondary Education may grant a waiver of the requirements of subsection (b) of this section if a school district requests a waiver and the school district is in fiscal distress.

History. Acts 1983, No. 639, § 4; A.S.A. 1947, § 80-554; Acts 2001, No. 1687, § 1; 2003, No. 756, § 1; 2005, No. 1192, § 1; 2007, No. 1573, § 61; 2019, No. 910, § 1727.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c).

6-21-304. Manner of making purchases — Definitions.

      1. All purchases of commodities by any school district, except those specifically exempted by § 6-21-305, shall be made as follows:
          1. In each instance in which the estimated purchase price shall equal or exceed twenty thousand dollars ($20,000), the commodity shall be procured by soliciting bids, provided that the purchasing official may reject all bids and may purchase the commodity by negotiating a contract.
          2. If the purchasing official, after rejecting all bids, determines that the purchase should be made by negotiation, then each responsible bidder who submitted a bid shall be notified of the determination and shall be given a reasonable opportunity to negotiate;
        1. Open market purchases may be made when the purchase price is less than twenty thousand dollars ($20,000); and
        2. No purchasing official shall parcel or split any item or items with the intent or purpose to enable the purchase to be made under a less restrictive procedure.
      2. Annually on July 1, the Commissioner of Elementary and Secondary Education shall adjust the purchase price amounts under subdivision (a)(1)(A) of this section by the percentage change in the Consumer Price Index for All Urban Consumers or its successor.
      1. In soliciting bids for the purchase of a commodity, a school district or a person or organization acting on behalf of a school district shall not impose qualifications or specifications that unreasonably restrict competition for the purchase of a commodity.
        1. As used in this subdivision (a)(2), “specifications” means a technical description or other description of the physical or functional characteristics of a commodity.
        2. Specifications shall not include the name or identity of any specific vendor.
      1. A school district shall notify in writing all actual or prospective bidders, offerors, or contractors who make a written request to the school district for notification of opportunities to bid.
      2. Notice under subdivision (a)(3)(A) of this section shall be provided in sufficient time to allow actual or prospective bidders, offerors, or contractors to submit a bid or otherwise appropriate response.
      1. Any competitive bid submitted to a school district in response to a solicitation for bids for the purchase of a commodity shall be accompanied by a form substantially similar to the following that is signed and notarized by the agent of the bidder:
      2. Any person determined to have made a false statement on the form prescribed by subdivision (a)(4)(A) of this section or any bidder who acts contrary to the provisions of the form after its agent has executed the form shall be guilty of a Class C misdemeanor.
      1. Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a school district contract may protest to the superintendent of the school district in accordance with procedures established by the board of directors of the school district.
      2. Protest procedures shall include, at a minimum, provisions addressing the following:
        1. The superintendent's authority to settle and resolve a protest of an aggrieved person concerning the solicitation or award of a contract;
        2. Submission of a protest in writing within seven (7) calendar days after the aggrieved person knows or should have known of the facts giving rise to the protest;
        3. The provision of reasonable notice to all persons involved and reasonable opportunity for those persons to respond to the protest issues;
        4. The issuance of a prompt decision in writing that states the reasons for the action taken which is provided to all interested parties;
        5. The impact of a protest on continuing with the solicitation or award of the school district contact pending the resolution of the protest; and
        6. The award of costs with regard to successful protests.
      3. A decision on a protest under this section shall be final and conclusive.
    1. The local school district board of directors shall have exclusive jurisdiction for the purchase of Types A, B, C, and D school buses.
    2. The Commission for Arkansas Public School Academic Facilities and Transportation shall have responsibility for drawing up the minimum specifications for all school buses.
    3. An advisory committee made up of ten (10) school administrators representing all sizes of schools and all areas of the state shall assist the commission in drawing up specifications for school buses.
      1. A local school district board of directors may request the State Procurement Director to solicit bids for school buses on its behalf.
      2. If a request is made, the Office of State Procurement shall take bids from all school bus body and chassis manufacturers doing business in Arkansas.
    4. If a local school district board of directors chooses to purchase school buses other than through the office, the board of directors shall forward no later than twenty (20) days after the bid award the following documents to the office:
      1. A copy of all the bid specifications;
      2. A list of invited bidders;
      3. Copies of all correspondence sent out by the school district to bidders and all correspondence received by the school district from bidders;
      4. A complete bid tabulation; and
      5. A copy of the bid award.
  1. For the purposes of this section:
    1. A “Type A school bus” is a conversion or body constructed upon a van-type compact truck or a front-section vehicle with a gross weight rating of ten thousand pounds (10,000 lbs.) or less and designed for carrying more than ten (10) persons;
    2. A “Type B school bus” is a conversion or body constructed and installed upon a van or front-section vehicle chassis or stripped chassis with a vehicle weight rating of more than ten thousand pounds (10,000 lbs.) and designed for carrying more than ten (10) persons. Part of the engine is beneath or behind the windshield and beside the driver's seat. The entrance door is behind the front wheels;
    3. A “Type C school bus” is a body installed upon a flat back cowl chassis with a gross vehicle weight rating of more than ten thousand pounds (10,000 lbs.) and designed for carrying more than ten (10) persons. All of the engine is in front of the windshield. The entrance door is behind the front wheels; and
    4. A “Type D school bus” is a body installed upon a chassis with the engine mounted in the front, midship, or rear with a gross vehicle weight rating of more than ten thousand pounds (10,000 lbs.) and designed for carrying more than ten (10) persons. The engine may be behind the windshield and beside the driver's seat, at the rear of the bus, behind the rear wheels, or midship between the front and rear axles. The entrance door is ahead of the front wheels.

“[NAME OF SCHOOL DISTRICT] [NAME OF COUNTY] I, , hereby state: (1) I am the duly authorized agent of , the bidder submitting the competitive bid which is attached to this statement, for the purpose of certifying the facts pertaining to the existence of collusion among and between bidders and state officials, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in the awarding of any contract pursuant to the bid to which this statement is attached. (2) I am fully aware of the facts and circumstances surrounding the making of the bid to which this statement is attached and have been personally and directly involved in the proceedings leading to the submission of the bid. (3) Neither the bidder nor anyone subject to the bidder's direction or control has been a party: (A) To any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; (B) To any collusion with any state official or employee as to quantity, quality or price in the prospective contract, or as to any other terms of the prospective contract; or (C) In any discussions between bidders and any state official concerning exchange of money or other thing of value for special consideration in the awarding of a contract. (4) I hereby guarantee that the specifications outlined in the bid shall be followed as specified and that deviations from the specifications shall occur only as part of a formal change process approved by the Board of Directors of the school district. Signature Subscribed and sworn to before me this day of , 20 . Notary Public”.

Click to view form.

History. Acts 1983, No. 639, § 2; A.S.A. 1947, § 80-552; Acts 1987, No. 65, § 1; 1993, No. 896, § 2; 1997, No. 327, § 1; 1997, No. 820, § 2; 2005, No. 2161, § 1; 2009, No. 1473, § 18; 2013, No. 1138, § 56; 2017, No. 1124, § 1; 2019, No. 910, § 1728.

A.C.R.C. Notes. This section may be affected by § 6-21-306.

Amendments. The 2009 amendment rewrote (b)(2).

The 2013 amendment substituted “commission” for “department” in (b)(3).

The 2017 amendment redesignated former (a)(1) as (a)(1)(A); substituted “twenty thousand dollars ($20,000)” for “ten thousand dollars ($10,000)” in present (a)(1)(A)(i) (a) and (a)(1)(A)(ii); and added (a)(1)(B).

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a)(1)(B).

Case Notes

Passenger Seat Belts.

Exercising authority under Ark. Const. art. XIV, § 4, the General Assembly authorized the Department of Education to adopt regulations regarding school bus design pursuant to §§ 6-19-111(a)-(b), 6-21-304; the department's specifications, which did not mandate passenger seat belts, were required in every school bus contract in the state pursuant to § 6-19-102(e), assuring manufacturers' compliance. Legislative history touching on the issue revealed that the General Assembly considered but rejected mandatory passenger seat belts in school buses several times; consequently, tort claims, which were based on a school bus manufacturer's failure to provide passenger seat belts, were preempted because the manufacturer complied with state specifications governing school bus design, and the applicable statutory and regulatory framework, while silent on the issue, indicated that the General Assembly had affirmatively decided not to require passenger seat belts in school buses. Price v. Thomas Built Buses, 370 Ark. 405, 260 S.W.3d 300 (2007) (see now §§ 6-19-117, 6-19-130).

6-21-305. Exemptions from bidding requirements.

  1. The following commodities may be purchased without soliciting bids:
      1. Commodities in instances of an unforeseen and unavoidable emergency.
      2. Provided, no emergency purchase shall be approved by the superintendent unless a statement in writing shall be attached to the purchase order describing the emergency necessitating the purchase of the commodity without competitive bidding;
    1. Commodities available only from the United States government;
    2. Utility services, the rates for which are subject to regulation by a state agency or a federal regulatory agency;
    3. With the exception of used school buses, used equipment and machinery; and
    4. Commodities available only from a single source.
  2. However, the purchasing official must determine in writing that it is not practicable to use other than the required or designated commodity or service, and a copy of this statement shall be attached to the purchase order.

History. Acts 1983, No. 639, § 3; 1985, No. 1030, § 1; A.S.A. 1947, § 80-553; Acts 1993, No. 896, § 3; 1997, No. 820, § 3.

6-21-306. Used school bus — Defined — Purchase.

    1. For the purposes of this section, a school bus becomes a used school bus two (2) years after the date of issuance of the manufacturer's certificate of origin.
    2. If the body of the school bus is installed by an entity other than the manufacturer of the chassis, the school bus becomes a used school bus two (2) years after the date of issuance of the manufacturer's certificate of origin issued by the entity that installed the body on the chassis.
  1. Notwithstanding any other law to the contrary, used school buses purchased by public school districts in this state shall not be subject to the jurisdiction of the State Procurement Director nor any competitive bidding procedures prescribed by law.

History. Acts 1997, No. 1344, §§ 1, 2.

A.C.R.C. Notes. References to “this subchapter” in §§ 6-21-301 to 6-21-305 may not apply to this section, which was enacted subsequently.

Former § 6-21-307 is now codified as § 6-21-306(b).

6-21-307. Motor vehicles.

A school district may purchase a new motor vehicle from a motor vehicle dealer licensed under the Arkansas Motor Vehicle Commission Act, § 23-112-101 et seq., if the purchase price of the motor vehicle does not exceed the fleet price awarded by the Office of State Procurement and in effect at the time the school district submits the purchase order for the same make and model motor vehicle.

History. Acts 2017, No. 442, § 1.

Subchapter 4 — Free Textbook Act of 1975

Effective Dates. Acts 1975, No. 302, § 20: approved Mar. 3, 1975. Emergency clause provided: “The General Assembly finds that the provisions of this Act are necessary to the timely and orderly selection, purchase, and distribution of textbooks and other instructional materials to be used in the public schools of the State in the school year 1975-76; therefore, an emergency is hereby declared to exist, and this Act, being necessary for the preservation of the public peace, health and safety shall be in effect from and after its passage.”

Acts 1999, No. 1078, § 92: July 1, 2000.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-21-401. Title.

This subchapter shall be known as the “Free Textbook Act of 1975”.

History. Acts 1975, No. 302, § 1; A.S.A. 1947, § 80-1701.

6-21-402. Definition.

As used in this subchapter, “instructional materials” means:

  1. Traditional books, textbooks, and trade books in printed and bound form;
  2. Activity-oriented programs that may include:
    1. Manipulatives;
    2. Hand-held calculators; or
    3. Other hands-on material; and
  3. Technology-based materials that require the use of electronic equipment in order to be used in the learning process.

History. Acts 1975, No. 302, § 2; A.S.A. 1947, § 80-1702; Acts 1995, No. 280, § 1; 1995, No. 605, § 1; 2013, No. 511, § 1.

Amendments. The 2013 amendment inserted “textbooks” in (1); deleted the (3)(A) designation and deleted former (3)(B).

6-21-403. Requirements generally — Definition.

  1. Public school districts shall provide instructional materials, including the availability of any equipment needed to access the instructional materials, for all pupils attending the public schools of this state in kindergarten through grade twelve (K-12), inclusive, in all subjects taught in those grades, without cost to the pupils.
  2. School districts may select their own instructional materials, including the equipment needed to access the instructional materials.
  3. Materials purchased with state funds shall be consistent with the Arkansas Academic Content Standards and educational goals established by the State Board of Education.
      1. The Division of Elementary and Secondary Education shall monitor to ensure that all school districts in Arkansas comply with this section.
      2. The division shall report in the annual school performance report a school district that fails to provide instructional materials, including the availability of any equipment needed to access the instructional materials.
    1. The state board, through the division, may promulgate rules as may be necessary to carry out this subchapter.
    1. As used in this subsection, “person” means an individual, a partnership, a corporation, a company, or an association.
    2. A person who operates in this state shall not charge a school district a price for instructional materials that exceeds the lowest contracted price currently bid in another state on the same product.
    3. A person shall sell instructional materials at the same price to all school districts in the state and must guarantee the price for the remainder of the school year.

History. Acts 1975, No. 302, §§ 2, 3; A.S.A. 1947, §§ 80-1702, 80-1703; Acts 1995, No. 280, § 2; 1995, No. 605, § 2; 2007, No. 1199, § 1; 2007, No. 1577, § 1; 2011, No. 288, § 1; 2013, No. 511, § 2; 2019, No. 757, §§ 52, 53; 2019, No. 910, § 1729.

Amendments. The 2011 amendment inserted “or digital resources, including the availability of any equipment needed to access the digital resources” in (a) and (b); subdivided (d)(1); rewrote (d)(1)(B); and, in (d)(2), substituted “House Committee on Education and Senate Committee on Education” for “House Education Committee and Senate Education Committee” and “November 1 of each year” for “November 1, 2007 and each year thereafter.”

The 2013 amendment deleted “or digital resources” or variations thereof throughout the section; in (a) and (d)(1)(B), deleted “textbooks, other” following “provide” and substituted “instructional materials” for “digital resources” following “access the”; in (b), deleted “availability of any” following “including the” and substituted “instructional materials” for “digital resources, or school districts may select from the recommended state approved list”; and added (e).

The 2019 amendment by No. 757 substituted “Materials” for “Any materials” and “Arkansas Academic Content Standards” for “curriculum” in (c); and deleted “and shall report to the members of the House Committee on Education and Senate Committee on Education annually any school district out of compliance by November 1 of each year” following “subchapter” in (d)(2).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (d)(1)(A); and substituted “division” for “department” in (d)(1)(B) and (d)(2).

6-21-404. Duties of the State Board of Education generally.

  1. The State Board of Education may:
    1. Make rules to implement this subchapter;
    2. Require reports from school districts on the use and distribution of these items; and
    3. Do whatever else may be necessary for the general welfare of the public school instructional materials system in order to acquire the items at the lowest possible cost.
  2. The powers enumerated in this section are cumulative and not restrictive.

History. Acts 1975, No. 302, § 17; A.S.A. 1947, § 80-1717; Acts 1995, No. 280, § 3; 1995, No. 605, § 3; 1997, No. 333, § 1; 2013, No. 511, § 3; 2019, No. 315, § 302.

Amendments. The 2013 amendment substituted “may” for “is authorized and empowered to” in (a); deleted “and to provide for a statewide textbook selection committee” at the end of (a)(1); deleted “textbook and” following “school” in (a)(3); and deleted (c) and (d).

The 2019 amendment deleted “and regulations” following “rules” in (a)(1).

6-21-405. [Repealed.]

Publisher's Notes. This section, concerning the determination of recommended instructional materials, was repealed by Acts 2013, No. 511, § 4. The section was derived from Acts 1975, No. 302, § 4; 1983, No. 426, § 1; A.S.A. 1947, § 80-1704; Acts 1995, No. 280, § 4; 1995, No. 605, § 4; 1997, No. 333, § 2.

6-21-406. School textbook depositories.

All publishers doing business in Arkansas shall maintain one (1) or more book depositories at the publisher's expense in this state.

History. Acts 1975, No. 302, § 5; 1983, No. 426, § 2; A.S.A. 1947, § 80-1705; Acts 1995, No. 280, § 5; 1995, No. 605, § 5; 1999, No. 1323, § 21; 2013, No. 511, § 5; 2017, No. 929, § 7.

Amendments. The 2013 amendment rewrote the section.

The 2017 amendment deleted (a); and deleted the (b) designation.

Case Notes

Cited: Harris v. Ark. Book Co., 794 F.2d 358 (8th Cir. 1986).

6-21-407, 6-21-408. [Repealed.]

Publisher's Notes. These sections, concerning contracts with publishers and exchange regulations, were repealed by Acts 2013, No. 511, §§ 6, 7. The sections were derived from the following sources:

6-21-407. Acts 1975, No. 302, § 15; A.S.A. 1947, § 80-1715; Acts 1995, No. 280, § 6; 1995, No. 605, § 6.

6-21-408. Acts 1975, No. 302, § 6; A.S.A. 1947, § 80-1706; Acts 1995, No. 280, § 7; 1995, No. 605, § 7.

6-21-409. Assessment of damages for publisher's failure to comply.

  1. The State Board of Education is authorized to assess any publisher any amount of damages to the State of Arkansas for failure to comply with the terms of this subchapter or any published rule of the state board, provided that the publisher has been given a hearing before the state board regarding the assessment of damages.
  2. If a publisher fails to reimburse the state within six (6) months after notice of assessment has been served on the publisher, the state board may prohibit the publisher from selling instructional materials in Arkansas for a maximum period of five (5) years from the date that damages are assessed under this section.

History. Acts 1975, No. 302, §§ 7, 8; 1983, No. 426, § 3; A.S.A. 1947, §§ 80-1707, 80-1708; Acts 1989, No. 847, § 1; 1995, No. 280, § 8; 1995, No. 605, § 8; 2013, No. 511, § 8; 2019, No. 315, § 303.

Amendments. The 2013 amendment substituted “this subchapter” for “the publisher’s contract” in (a); and rewrote (b).

The 2019 amendment substituted “rule” for “regulation” in (a).

6-21-410. Illegal acts involving school officials.

    1. It shall be illegal for the Commissioner of Elementary and Secondary Education or any other employee connected with the Division of Elementary and Secondary Education, any member of any selecting committee, or any member of any school district board of directors to accept or receive any money, gift, property, or favor whatsoever from any person, firm, or corporation, or any agent thereof offering for sale any item pursuant to this subchapter or from any person in any way interested in such sale.
    2. Any person who pleads guilty or nolo contendere to or is found guilty of violating this subsection shall be guilty of a Class B misdemeanor.
    3. Any fines collected under this subsection shall be deposited into the State Treasury to the credit of the Public School Fund.
      1. It shall be illegal for any teacher in the public schools of Arkansas or any person connected with the public school system of Arkansas in any capacity to have any interest in the profits, proceeds, or sale of any instructional materials used in the schools of Arkansas under his or her charge or with which he or she is connected in any official capacity.
      2. However, this provision shall not apply nor have any reference to royalties or fees received by a person from the sale of instructional materials of which he or she is the author.
    1. Any person who pleads guilty or nolo contendere to or is found guilty of violating this subsection shall be guilty of a violation and subject to a fine of no less than fifty dollars ($50.00) nor more than two hundred dollars ($200).
    2. Any fines collected under this subsection shall be deposited into the State Treasury to the credit of the fund.
    1. It shall be illegal for any person directly or indirectly to promise or offer to give or cause to be promised, offered, or given any money, good, bribe, present, reward, or any valuable thing whatsoever to the commissioner, his or her assistants, or any other employee of the Division of Elementary and Secondary Education, the Director of the Division of Career and Technical Education, his or her assistants or any other employee of the Division of Career and Technical Education, any school district board members, teachers, or other persons with the intent of influencing their decisions on any questions, matters, causes, or proceedings in the selection of instructional materials.
    2. Any person who pleads guilty or nolo contendere to or is found guilty of violating this subsection shall be guilty of a Class B misdemeanor.
    3. Any fines collected under this subsection shall be deposited into the State Treasury to the credit of the fund.

History. Acts 1975, No. 302, § 9; 1977, No. 645, § 1; A.S.A. 1947, § 80-1709; Acts 1995, No. 280, § 9; 1995, No. 605, § 9; 1999, No. 1078, § 82; 1999, No. 1323, § 22; 2005, No. 1994, § 386; 2013, No. 511, §§ 9, 10; 2019, No. 910, §§ 1730, 1731.

Amendments. The 2013 amendment deleted “school textbooks or other” twice in (b)(1); in (c)(1), substituted “Department of Career Education” for “Department of Workforce Education” and deleted “any textbooks or other” following “selection of”.

The 2019 amendment, in (a)(1), substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” and substituted “Division of Elementary and Secondary Education” for “Department of Education”; and, in (c)(1), substituted “Division of Elementary and Secondary Education, the Director of the Division of Career and Technical Education” for “Department of Education, the Director of the Department of Career Education”, and substituted “Division of Career and Technical Education” for “Department of Career Education”.

6-21-411. [Repealed.]

Publisher's Notes. This section, concerning tax exemptions for items purchased by the state for free distribution to public schools, was repealed by Acts 2003 (2nd Ex. Sess.), No. 32, § 2. The section was derived from Acts 1975, No. 302, § 11; A.S.A. 1947, § 80-1711; Acts 1995, No. 280, § 10; 1995, No. 605, § 10.

6-21-412. [Repealed.]

Publisher's Notes. This section, concerning the distributions of textbooks, materials, or funds, was repealed by Acts 2013, No. 511, § 11. The section was derived from Acts 1975, No. 302, § 10; A.S.A. 1947, § 80-1710; Acts 1995, No. 280, § 11; 1995, No. 605, § 11.

6-21-413. Instructional materials selection committee.

  1. Each school district shall select an instructional materials selection committee.
  2. A majority of its members shall be licensed personnel, which shall include classroom teachers.

History. Acts 1975, No. 302, § 11; A.S.A. 1947, § 80-1711; Acts 1995, No. 280, § 12; 1995, No. 605, § 12; 2013, No. 511, § 12; 2013, No. 1138, § 57.

Amendments. The 2013 amendment by No. 511 substituted “Instructional materials” for “Local” in the section heading; added subsection designations; in (a), substituted “an instructional materials” for “a textbook” and deleted “to be composed of a” at the end; substituted “of its members shall be licensed” for “certified” in (b).

The 2013 amendment by No. 1138 substituted “licensed” for “certified”.

6-21-414 — 6-21-423. [Repealed.]

Publisher's Notes. These sections, concerning district choice as to hardcover texts, etc.; contracts with publishers; prohibition of changes prior to contract expiration; exchange regulations; assessment of damages for publisher's failure to comply; illegal acts involving school officials, etc.; tax exemption; expenses; distribution of textbooks, materials, or funds; and reports on adoption, distribution, and use of textbooks, were repealed by identical Acts 1995, Nos. 280 and 605, § 13. The sections were derived from the following sources:

6-21-414. Acts 1975, No. 302, § 13; A.S.A. 1947, § 80-1713.

6-21-415. Acts 1975, No. 302, § 9; 1977, No. 645, § 1; A.S.A. 1947, § 80-1709; Acts 1989 (3rd Ex. Sess.), No. 62, § 1.

6-21-416. Acts 1975, No. 302, § 11; A.S.A. 1947, § 80-1711.

6-21-417. Acts 1975, No. 302, § 14; A.S.A. 1947, § 80-1714.

6-21-418. Acts 1975, No. 302, § 15; A.S.A. 1947, § 80-1715.

6-21-419. Acts 1975, No. 302, § 15; A.S.A. 1947, § 80-1715.

6-21-420. Acts 1975, No. 302, § 15; A.S.A. 1947, § 80-1715.

6-21-421. Acts 1975, No. 302, § 16; A.S.A. 1947, § 80-1716.

6-21-422. Acts 1975, No. 302, § 13; A.S.A. 1947, § 80-1713.

6-21-423. Acts 1975, No. 302, § 12; A.S.A. 1947, § 80-1712.

Subchapter 5 — Public Recreation and Playgrounds

Publisher's Notes. Acts 1941, No. 291, §§ 1-5, are also codified as §§ 14-16-20114-16-208, 14-54-130114-54-1308.

Cross References. Local government reserve funds, § 14-73-101 et seq.

Playgrounds and recreational facilities, § 14-16-201 et seq.

Effective Dates. Acts 1941, No. 291, § 6: approved Mar. 26, 1941. Emergency clause provided: “This act being necessary for the promotion of an adequate National Defense and an able-bodied citizenry, an emergency is declared to exist and the same shall take effect and be in force from and after its passage.”

6-21-501. Authority to operate.

  1. Any school district or any board of directors thereof may:
    1. Operate a program of public recreation and playgrounds;
    2. Acquire, equip, and maintain land, buildings, or other recreational facilities; and
    3. Expend funds for the operation of the program pursuant to the provisions of this subchapter.
  2. However, the provisions of this subchapter shall not apply to § 17-22-201 et seq.

History. Acts 1941, No. 291, § 1; A.S.A. 1947, § 19-3601.

Case Notes

Cited: Kendall v. Henderson, 238 Ark. 832, 384 S.W.2d 954, 384 S.W.2d 955 (1964).

6-21-502. Operation or cooperation — No state aid.

  1. Any school district or any board of directors thereof may:
    1. Operate such a program independently or cooperate in its conduct with any other public corporation, board, or body in any manner in which they mutually agree; or
    2. Delegate the operation of the program to a recreation board created by one (1) or more of them, and appropriate money voted for this purpose to that board.
    1. The right of a school district to enter into such agreements with any other public corporation, board, or body, or the right to delegate power to a board for operating a program of recreation, shall be authorized only by a majority vote cast at an annual school election.
    2. However, state aid shall not be used for recreational purposes as provided in this subchapter.

History. Acts 1941, No. 291, § 2; A.S.A. 1947, § 19-3602.

6-21-503. Property used for activities — Acceptance of gifts and bequests.

  1. Any school district or board of directors thereof given charge of the recreation program is authorized to conduct its activities on:
    1. Property under its custody and management;
    2. Other public property under the custody of any other public organization, body, or board, with the consent of those corporations, bodies, or boards; and
    3. Private property, with the consent of its owners.
  2. The school district or board of directors thereof shall have authority to accept gifts and bequests for the benefit of the recreational service and to employ directors and instructors of recreational work.

History. Acts 1941, No. 291, § 3; A.S.A. 1947, § 19-3603.

6-21-504. [Repealed.]

Publisher's Notes. This section, concerning qualifications of recreational directors and instructors, was repealed by Acts 1993, No. 475, § 20. The section was derived from Acts 1941, No. 291, § 4; A.S.A. 1947, § 19-3604.

6-21-505. Primary use of school facilities.

The facilities of any school district operating a recreation program pursuant to the provisions of this subchapter shall be used primarily for the purpose of conducting the regular school curriculum and related activities, and the use of school facilities for recreational purposes authorized by this subchapter shall be secondary.

History. Acts 1941, No. 291, § 5; A.S.A. 1947, § 19-3605.

Subchapter 6 — Miscellaneous Offenses

Effective Dates. Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the schools in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1995, No. 567, § 8: Mar. 9, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that Arkansas law governing the expulsion of public school students determined to have brought a firearm or other prohibited weapon upon a school campus does not conform with current federal requirements set forth in the Gun-Free Schools Act of 1994; that failure to immediately remedy the law by legislative action will place federal funds received by the State of Arkansas in jeopardy. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

6-21-601 — 6-21-603. [Repealed.]

Publisher's Notes. These sections, concerning the interests of school officials in the sale of school supplies, were repealed by Acts 2001, No. 1599, § 21. The sections were derived from the following sources:

6-21-601. Acts 1933, No. 125, §§ 1-4; Pope's Dig., §§ 11659-11662; A.S.A. 1947, §§ 80-136 — 80-139; Acts 1999, No. 1323, § 23.

6-21-602. Acts 1931, No. 169, § 27; Pope's Dig., §§ 3613, 11466; A.S.A. 1947, § 80-1902; Acts 1999, No. 1078, § 83; 1999, No. 1323, § 24.

6-21-603. Acts 1949, No. 433, § 1; 1983, No. 368, § 1; A.S.A. 1947, § 80-1909; Acts 1987, No. 80, § 1.

6-21-604. Destruction of property.

  1. Any person who shall willfully destroy or injure any building used as a schoolhouse, or for educational purposes, or any furniture, fixtures, or apparatus thereto belonging, or who shall deface, mar, or disfigure any such building, furniture, or fixtures, by writing, cutting, painting, or pasting thereon any likeness, figure, words, or device without the consent of the teacher or other person having control of that house, furniture, or fixtures shall be fined in a sum double the value of the building, furniture, fixtures, or apparatus so destroyed or damaged and shall be fined in a sum not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for each offense, to be recovered by civil action in any court of competent jurisdiction.
  2. The punishment provided in this section is in addition to and not in lieu of the punishment provided by other statutes for such offenses.

History. Acts 1931, No. 169, § 177; Pope's Dig., §§ 3592, 11619; A.S.A. 1947, § 80-1903.

6-21-605. Injury to schoolhouse or fixtures.

  1. To cut, write upon, deface, disfigure, or damage any part or appurtenance or enclosure of any schoolhouse shall be a violation punishable by a fine not exceeding one hundred dollars ($100).
  2. Any fine collected under this act for injury to any schoolhouse or other school property shall be paid into the school funds of the school district where the crime was committed.

History. Acts 1931, No. 169, § 178; Pope's Dig., §§ 3593, 11620; A.S.A. 1947, § 80-1904; Acts 2005, No. 1994, § 69.

Meaning of “this act”. Acts 1931, No. 169, codified as §§ 6-10-1016-10-104, 6-10-107, 6-11-1016-11-105, 6-11-106 [repealed], 6-11-107, 6-11-110, 6-11-111, 6-11-117, 6-12-109 [repealed], 6-12-206 [repealed], 6-13-1016-13-104, 6-13-619, 6-13-620, 6-14-104 [repealed], 6-14-118, 6-16-1036-16-105, 6-16-107, 6-17-101 [repealed], 6-17-104, 6-17-105 [repealed], 6-17-401, 6-17-405 [repealed], 6-18-217, 6-18-219, 6-18-501, 6-18-507, 6-18-701, 6-19-102, 6-20-2026-20-204, 6-20-208 [repealed], 6-20-2156-20-217, 6-20-220 [repealed], 6-20-221, 6-20-222, 6-20-403, 6-20-408 [repealed], 6-20-1201, 6-20-12046-20-1215, 6-21-101, 6-21-602 [repealed], 6-21-6046-21-606, 6-51-2116-51-215, 26-80-101, 26-80-102, 26-80-104.

Cross References. Criminal mischief, first and second degree, §§ 5-38-203, 5-38-204.

6-21-606. Annoying conduct by trespassers.

Any persons who shall, by any boisterous or other conduct, disturb or annoy any public or private school in this state or any person not a student who after being notified to keep off the school grounds during the school hours by the board of directors, the superintendent, or principal teacher in charge of any such school shall continue to trespass on or go upon the grounds, whether at recess or during the sessions of the school, shall be guilty of a violation and upon conviction shall be fined in any sum not exceeding one hundred dollars ($100), payable into the general school fund of the county.

History. Acts 1931, No. 169, § 180; Pope's Dig., § 11622; A.S.A. 1947, § 80-1906; Acts 2005, No. 1994, § 69.

Cross References. Criminal trespass, § 5-39-203.

Case Notes

Disturbance.

Any act, the natural consequences of which were to disturb a school and which was willfully done and which in fact did disturb a school, came within the provisions of former similar provision though the actor may have had no specific intent to disturb the school; however, one who went to a schoolhouse for a lawful purpose was not guilty of disturbing the school where, upon being violently assailed by another, he defended himself, though his acts in his necessary self-defense may have disturbed the school. West v. State, 105 Ark. 175, 150 S.W. 695 (1912) (decision under prior law).

6-21-607. Loitering on or near school grounds — Penalty — Definition.

  1. Any person who shall loiter upon or near the school grounds of any public or private school during school hours or at any school-sponsored activity such as ball games, dances, and other school-sponsored activities after regular school hours without any lawful business or purpose shall be guilty of a violation and upon conviction shall be subject to a fine of not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250).
    1. Nothing in this section shall be construed to prohibit any person who has a legitimate reason to visit any school from visiting it.
    2. If a person wishes to visit on the school grounds or in the school building, that person shall present himself or herself to the office of the school and receive both permission to visit and a pass to indicate that proper permission has been granted.
    3. Failure to request and receive permission as provided in this section shall be considered a violation of this section.
    4. As used in this section, “loiter” means to hang around or linger upon the grounds of any public school of this state or within one hundred feet (100') of the grounds of any public school in this state unless any such person is on his or her own property, walking or driving to some destination other than the school grounds, transacting some lawful business at a business establishment located near the school grounds, or has meaningful business to transact at such a school.

History. Acts 1971, No. 75, § 1; A.S.A. 1947, § 80-1915; Acts 2005, No. 1994, § 69.

Cross References. Loitering, § 5-71-213.

6-21-608. Concealment of guns or drugs — Definitions.

  1. As used in this section:
    1. “School official” means any public school employee receiving compensation for services from any public school system in the State of Arkansas;
    2. “School-owned property” means any property located among premises owned in whole or in part by the state or any city, district, or county within the state, including but not limited to any desk, locker, file, or other tangible property assigned to, for the use of, or on loan to any student or other person using the property for his or her own use;
    3. “School premises” means any locale upon which is situated any school building; and
    4. “Supervisor” means any person who is employed as administrator or supervisor of any public school.
  2. It shall be unlawful for any student or any other person using school-owned property to conceal any gun, drug, or any other contraband in any desk, locker, or other school-owned property in this state.
    1. Any school official employed in a supervisory capacity over students or other persons on school premises, upon receipt of information that guns, drugs, or other contraband are concealed in school-owned property, shall have the authority to investigate and search any school-owned property for any drugs, guns, or other contraband that may be concealed in the school-owned property, without the necessity of obtaining a search warrant from local authorities.
    2. In the event that contraband is discovered, it shall be seized and held by the supervisor of the school premises until appropriate action, as described in subsection (d) of this section, is taken.
    1. Whenever a school official discovers any illegal drugs or other contraband in any school-owned property assigned to the use of an identifiable student or any other identifiable person, appropriate action for discipline, expulsion, discharge, or prosecution shall be within the discretion of the supervisor of the premises.
      1. In the event that prosecution by local authorities is pursued, the supervisor shall release the contraband to the local prosecuting authorities to be used as evidence in court.
      2. Any evidence obtained by use of the procedure as defined in this section shall be legally admissible in any court in this state.
      1. Whenever a school official discovers any gun or other firearm in any school-owned property assigned to the use of an identifiable student, that student shall be expelled for a period of not less than one (1) year.
      2. Provided, however, that the superintendent shall have discretion to modify such expulsion requirement for a student on a case-by-case basis.
    1. In the event that prosecution by local authorities is pursued, the gun or other firearm shall be released to the local prosecuting authorities to be used as evidence in court and shall be legally admissible in any court in this state.

History. Acts 1975, No. 259, §§ 1, 2; A.S.A. 1947, §§ 80-1916, 80-1917; Acts 1995, No. 567, § 4; 1995, No. 1296, § 29.

Cross References. Civil War reenactments, § 6-5-501 et seq.

Possession of handgun by minor or possession on school property, § 5-73-119.

Research References

Ark. L. Notes.

Strickman, Schools, Guns and the Future of the Commerce Clause, 1995 Ark. L. Notes 77.

6-21-609. Prohibition against smoking, the use of tobacco or tobacco products, or the use of e-cigarettes — Definition.

  1. As used in this section, “e-cigarette” means an electronic oral device that provides a vapor of nicotine or another substance that, when used or inhaled simulates smoking, including without limitation a device that:
    1. Is composed of a heating element, battery, or electronic circuit, or a combination of heating element, battery, and electronic circuit;
    2. Works in combination with a liquid nicotine delivery device composed either in whole or in part of pure nicotine and propylene glycol and manufactured for use with e-cigarettes; and
    3. Is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other name or descriptor.
  2. Smoking tobacco, the use of tobacco or tobacco products, or the use of e-cigarettes is prohibited:
    1. In or on real property owned or leased by a public school district, including a public charter school; or
    2. In or on personal property, including without limitation school buses, owned or leased by a public school district, including a public charter school.
  3. A copy of this statute shall be posted in a conspicuous location at every entrance to each building owned or leased by a public school district and every school bus used to transport public school students.
  4. A person who violates this section commits a violation punishable by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100).

History. Acts 1987, No. 854, §§ 1, 2; 1997, No. 779, § 1; 1999, No. 1555, § 1; 2005, No. 1994, § 70; 2013, No. 1099, § 1.

Amendments. The 2013 amendment rewrote (a) and present (b); redesignated former (b) and (c) as present (c) and (d); in (d), substituted “A person who violates” for “Any person violating the provisions of”, “commits” for “shall be guilty of”, and “punishable” for “and upon conviction shall be punished”.

Subchapter 7 — School Motor Vehicle Insurance Act

A.C.R.C. Notes. Acts 2003 (2nd Ex. Sess.), No. 78, § 1, provided:

“Purpose.

“(a) The purpose of this act is to provide for the administration and regulation of the Public Elementary and Secondary School Insurance Program and the School Motor Vehicle Insurance Program by the State Insurance Department and to amend various provisions of Arkansas Code §§ 6-20-1501 to 6-20-1515 and §§ 6-21-701 to 6-21-711. The responsibilities of the Department of Education for the regulation and administration of the Public Elementary and Secondary School Self-Insurance Program and the School Motor Vehicle Self-Insurance Program shall cease and its responsibilities shall be transferred to the State Insurance Department. The programs shall be known as the Public Elementary and Secondary School Insurance Program and the Public School Motor Vehicle Insurance Program.

“(b) The statutory authority, powers, duties, functions, including budgeting and purchasing, records, property, unexpended balances of appropriations, allocations, or other funds, and authorized positions but not the personnel of the Public Elementary and Secondary School Self-Insurance Program and the School Motor Vehicle Self-Insurance Program are transferred to the department. The transfer shall include each program's prescribed powers, duties, and functions, including but not limited to rulemaking, regulation, and licensing; and the rendering of findings, orders and adjudications.

“(c) All forms for the administration and regulation of the programs, all trust agreements and arrangements, and all documents presently in use which have been previously approved by the Department of Education or the State Board of Education shall continue to be approved until otherwise determined by the Insurance Commissioner.

“(d) The Insurance Services Division of the Department of Education is transferred to the State Insurance Department by a type two (2) transfer under § 25-2-105. The transfer shall include the authorized positions but shall not include the personnel of the division.”

Effective Dates. Acts 1991, No. 824, § 21: Mar. 27, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the cost of motor vehicle insurance for school districts has become almost prohibitive; that it is in the best interest of public education that a School Motor Vehicle Self-Insurance Program be established and made operative as soon as practical and that this act is designed to accomplish this purpose and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2003 (2nd Ex. Sess.), No. 78, § 26: Feb. 6, 2004. Emergency clause provided: “It is hereby found and determined by the General Assembly that assistance is necessary to minimize public school insurance costs; that the administration of public school insurance programs by the State Insurance Department will permit the Department of Education to concentrate its efforts and resources on improving public education; that this subchapter is designed to provide property and automobile liability and physical damage coverage for state public schools, educational cooperatives, and open-enrollment charter schools participating in the programs as economically as possible; and that this act should be effective immediately. Therefore, an emergency is declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 129: May 23, 2016. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the membership and duties of certain agencies, task forces, committees, and commissions and repeals other governmental entities; that these revisions and repeals of governmental entities impact the expenses and operations of state government; and that the provisions of this act should become effective as soon as possible to allow for implementation of the new provisions in advance of the upcoming fiscal year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

6-21-701. Title.

This subchapter shall be known and may be cited as the “School Motor Vehicle Insurance Act”.

History. Acts 1991, No. 824, § 1; 2003 (2nd Ex. Sess.), No. 78, § 15.

6-21-702. Purpose.

  1. This subchapter is to establish and maintain a system of motor vehicle insurance for all public elementary and secondary schools, education service cooperatives, and open-enrollment public charter schools of Arkansas electing to participate in the program from and after July 1, 1991, with the Risk Management Division authorized, directed, and empowered to administer the program.
  2. The State Insurance Department shall adopt such rules as may be necessary to provide for the insuring of motor vehicles owned by participating public school districts within the State of Arkansas.

History. Acts 1991, No. 824, § 2; 2003 (2nd Ex. Sess.), No. 78, § 16; 2019, No. 315, § 304.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (b).

6-21-703. Public School Motor Vehicle Insurance Program — Participation.

  1. There is hereby established a Public School Motor Vehicle Insurance Program for all school motor vehicles of participating public school districts, education service cooperatives, and open-enrollment public charter schools in the State of Arkansas.
  2. Participation in the program provided for in this section shall be optional with each school district, education service cooperative, or open-enrollment public charter school.

History. Acts 1991, No. 824, §§ 3, 17; 2003 (2nd Ex. Sess.), No. 78, § 17; 2007, No. 617, § 27.

6-21-704. Administration — Reports.

  1. The State Insurance Department shall administer the Public School Motor Vehicle Insurance Program.
  2. The department is authorized to delegate to the Administrator of the Risk Management Division and staff such responsibilities as are deemed necessary in connection with the administration of this subchapter.
  3. The department shall report annually to the Governor and the General Assembly on the status of the program, including a detailed statement of investments and earnings.

History. Acts 1991, No. 824, §§ 4, 11; 2003 (2nd Ex. Sess.), No. 78, § 18.

6-21-705. Powers and duties of Insurance Commissioner.

It shall be the power and duty of the Insurance Commissioner to:

    1. Establish in the State Insurance Department a program of insurance to cover motor vehicles owned by public school districts, education service cooperatives, and open-enrollment public charter schools.
    2. The program shall be in accordance with recognized and established insurance practices;
  1. Establish and, from time to time, modify the premium rates to be charged for various risks;
  2. Specify the form for insurance policies and other forms required for the purposes of this subchapter;
  3. Employ or contract for necessary officials, adjusters, appraisers, attorneys, and other personnel required in the administration of this subchapter;
  4. Engage in a loss control program to assist the public schools in improving and minimizing potential loss of life and property; and
  5. Perform all additional powers and duties necessary to maintain sound insurance underwriting practices recognized by good risk management.

History. Acts 1991, No. 824, § 5; 2003 (2nd Ex. Sess.), No. 78, § 19; 2007, No. 617, § 28.

6-21-706. Information furnished by participants.

  1. The Insurance Commissioner shall require each entity participating in the Public School Motor Vehicle Insurance Program to furnish to the Risk Management Division a complete list of each and every motor vehicle with full information in regard to the year, make, model, value, condition, and any other pertinent information.
  2. The commissioner shall have authority to require each participating entity to furnish a complete report of its motor vehicle insurance program, including the expiration dates of its contracts and loss histories.

History. Acts 1991, No. 824, § 6; 2003 (2nd Ex. Sess.), No. 78, § 20.

6-21-707. Inspection and safety program.

  1. The State Insurance Department is authorized to maintain an inspection and safety program designed to reduce the hazard of accidents involving motor vehicles insured under the Public School Motor Vehicle Insurance Program.
  2. The department may refuse to insure motor vehicles when it believes the vehicles to be a hazard to life or property. If the vehicle is deemed no longer insurable, thirty (30) days' notice must be given in advance of cancellation or nonrenewal.

History. Acts 1991, No. 824, § 8; 2003 (2nd Ex. Sess.), No. 78, § 21.

6-21-708. Policy limits.

  1. Liability policies shall meet the minimum legal requirements of the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq., with reference to coverage on motor vehicles.
  2. The State Insurance Department is authorized to include in the Public School Motor Vehicle Insurance Program and make available physical damage and medical payments coverage to the participating entities. Medical payments coverage shall be limited to five thousand dollars ($5,000) per occupant of a school vehicle and shall be in addition to any other automobile medical payments coverage available to any occupant.

History. Acts 1991, No. 824, § 14; 2003 (2nd Ex. Sess.), No. 78, § 22.

6-21-709. Payment of claims — Subrogation — Premium rate — Excess insurance.

    1. The Public School Insurance Trust Fund shall pay all losses and claims the insured is legally obligated to pay as specified in the contract.
    2. It shall be the duty of the State Insurance Department to coordinate, facilitate, and expedite details in connection with responsibilities outlined in the insurance contract.
    3. The department is hereby granted authority to contract for services with appraisers, adjusters, attorneys, or other professionals needed in order to expedite and facilitate the proper operation of the Public School Motor Vehicle Insurance Program.
  1. The program may require an assignment of rights of recovery to the extent that payment is made under any coverage provided by the program.
  2. If other insurance coverage exists, the program will pay its proportional share of the loss. The program's share shall be the proportion that the program's limits of liability bear to the total of all applicable limits.
    1. Participating entities shall make payment of premium when demand is made as scheduled in the contract.
    2. Any school district, education service cooperative, or open-enrollment public charter school which does not pay the premium when due shall be charged a rate of interest at five percent (5%) per annum on all payments due and unpaid on the policy issued.
    3. The department may cancel insurance coverage for school districts, education service cooperatives, or open-enrollment public charter schools that fail to pay the premium due within thirty (30) days.
    4. The department shall give thirty (30) days' notice before any cancellation for nonpayment.
  3. The department's rules shall include such items as payment of premium and other pertinent items with reference to the premium rate, but its requirements shall not be more stringent than practices of commercial companies writing similar insurance in Arkansas.

History. Acts 1991, No. 824, §§ 9, 10, 12, 15; 2003 (2nd Ex. Sess.), No. 78, § 23; 2007, No. 617, § 29; 2007, No. 738, § 5; 2019, No. 315, § 305.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (e).

Cross References. Public School Insurance Trust Fund, § 19-5-1134.

6-21-710. Public School Insurance Trust Fund — Investments.

  1. All funds received by the State Insurance Department as premiums, adjustments, earnings, and the like, as provided in this subchapter, shall be deposited into the Public School Insurance Trust Fund and used for the following purposes, listed in a descending order of priority:
    1. To defray administrative costs;
    2. To pay claims; and
    3. To maintain the Public School Insurance Trust Fund.
    1. The department is authorized to invest funds of the Public School Motor Vehicle Insurance Program.
    2. Funds of the program may be invested and reinvested as the Insurance Commissioner may determine.
    3. Moneys invested and interest earned thereon shall be administered as program funds.
    4. All moneys deposited into the Public School Insurance Trust Fund shall not be subject to any deduction, tax, levy, or any other type of assessment.

History. Acts 1991, No. 824, §§ 13, 16; 2003 (2nd Ex. Sess.), No. 78, § 24; 2007, No. 738, § 6.

Publisher's Notes. The Arkansas Insurance Investment Code, referred to in this section, probably refers to § 23-63-801 et seq.

Cross References. Public School Insurance Trust Fund, § 19-5-1134.

6-21-711. [Repealed.]

Publisher's Notes. This section, concerning the establishment of a Public Elementary and Secondary School Insurance Program and Public School Motor Vehicle Insurance Program Advisory Committee, was repealed by identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 3. The section was derived from Acts 1991, No. 824, § 7; 1997, No. 250, § 18; 1999, No. 391, § 21; 2003 (2nd Ex. Sess.), No. 78, § 25; 2005, No. 171, § 1; 2007, No. 738, § 7.

Subchapter 8 — Arkansas Public School Academic Facilities Program Act

Effective Dates. Acts 2005, No. 1426, § 7: Mar. 30, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court has determined that current public school academic facilities in Arkansas are inadequate and inequitable; that the General Assembly established the Joint Committee on Educational Facilities to inventory the current condition of public school academic facilities and recommend methods for bringing those facilities into conformity with the court's constitutional expectations; that the programs established in this act are derived from recommendations of the joint committee and are part of a comprehensive state program for overseeing the provision of constitutionally appropriate public school academic facilities across the state; and that this program must be implemented immediately for the good of public school students in the State of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2006 (1st Ex. Sess.), No. 19, § 10: Apr. 11, 2006. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court declared the public school funding system to be inadequate and that public schools are operating under a constitutional infirmity which must be corrected immediately; that to correct the constitutional infirmity and to ensure adequate funding for public education, the General Assembly must revise the public school funding formula, revise laws regarding public school facilities, provide funding for retirement increases and limit additional increases; and enact other necessary reform measures; and that this act is immediately necessary to ensure that reform measures are available to public schools for the 2005-2006 and 2006-2007 school years. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 600, § 24: Apr. 4, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state's constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that state oversight and intervention into distressed school districts is critical to the delivery of a constitutionally adequate education; and that the changes made in this act are immediately necessary for the state to meet this constitutional obligation. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 1227, § 7: Apr. 16, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that certain provisions of the Arkansas Public School Choice Act of 1989, § 6-18-206, have been found to be unconstitutional by a federal court; that thousands of public school students are currently attending public schools in nonresident school districts under that law; that there is now uncertainty about the viability of those transfers and future transfers; that this act repeals the disputed provisions of that law while preserving the opportunity for public school choice; and that this act is immediately necessary to resolve the uncertainty in the law before the 2013-2014 school year and preserve existing student transfers. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-21-801. Title.

This subchapter is known as and may be cited as the “Arkansas Public School Academic Facilities Program Act”.

History. Acts 2005, No. 1426, § 1.

6-21-802. Intent.

  1. The General Assembly recognizes that:
    1. Intelligence and virtue are the safeguards of liberty and the bulwarks of a free and good government; and
    2. Arkansas Constitution, Article 14, § 1, requires the state to ever maintain a general, suitable, and efficient system of free public schools and to adopt all suitable means to secure the advantages and opportunities of education to the people of the State of Arkansas.
  2. The General Assembly finds that because of the opinions of the Supreme Court in the matter of Lake View School District No. 25 vs. Huckabee, it is the absolute duty of the State of Arkansas to provide all public school children with an opportunity for an adequate education, which includes access to adequate academic facilities and equipment.
  3. The General Assembly finds that in order to satisfy the constitutional expectations of the Supreme Court, the state should:
    1. Provide constitutionally appropriate public school academic facilities for the education of each similarly situated child in the public schools of Arkansas, regardless of where that child resides within the state;
    2. Require all public school academic facilities to meet applicable facilities standards established in this subchapter and rules adopted by the Commission for Arkansas Public School Academic Facilities and Transportation;
    3. Provide that all public school students are educated in facilities that are suitable for teaching in accordance with:
      1. Standards for accreditation adopted by the State Board of Education;
      2. Curriculum frameworks adopted by the state board; and
      3. Technology systems, instructional materials, and related academic equipment necessary to provide the adequate education explicated in subdivisions (c)(3)(A) and (B) of this section; and
    4. Require school districts to conserve and protect their academic facilities in such a manner that the academic facilities remain adequate.
  4. It is the intent of this subchapter to provide a system of state oversight of public school academic facilities so that school districts have academic facilities that support the opportunity for each public school student in the State of Arkansas to have an adequate education.

History. Acts 2005, No. 1426, § 1.

6-21-803. Definitions.

As used in this subchapter:

    1. “Academic facility” means a building or space, including related areas such as the physical plant and grounds, where public school students receive instruction that is an integral part of an adequate education as described in § 6-20-2302.
    2. A public school building or space, including related areas such as the physical plant and grounds, used for an extracurricular activity or an organized physical activity course as defined in § 6-16-137 shall not be considered an academic facility for the purposes of this subchapter to the extent that the building, space, or related area is used for extracurricular activities or organized physical activities courses, except for physical educational training and instruction under § 6-16-132.
    3. Buildings or spaces, including related areas such as the physical plant and grounds, used for prekindergarten education shall not be considered academic facilities for purposes of this subchapter.
    4. District administration buildings and spaces, including related areas such as the physical plant and grounds, shall not be considered academic facilities for the purposes of this subchapter.
    5. A leased facility shall not be considered an academic facility for the purpose of this subchapter;
  1. “Annexation” means the joining of an affected school district or part of the school district with a receiving district under § 6-13-1401 et seq.;
  2. “Consolidation” means the joining of two (2) or more school districts or parts of the districts to create a new single school district under § 6-13-1401 et seq.;
  3. “Custodial activities” means routine and renovation cleaning activities related to the daily operations and upkeep of a public school facility, including related supervisory and management activities;
  4. “Facilities distress status” means a public school district identified by the Division of Public School Academic Facilities and Transportation as being in academic facilities distress status and classified by the Commission for Arkansas Public School Academic Facilities and Transportation as being in academic facilities distress status under this subchapter;
  5. “Facilities improvement plan” means a remedial plan developed by a school district for a public school or school district classified as being in academic facilities distress that supplements the school district's facilities master plan by:
    1. Identifying specific interventions and actions the public school or school district will undertake in order to correct deficient areas of practice with regard to custodial, maintenance, repair, and renovation activities with regard to academic facilities in the school district; and
    2. Describing how the school district will remedy those areas in which the school district is experiencing facilities distress, including the designation of the time period by which the school district will correct all deficiencies that placed the school district in facilities distress status;
  6. “Facilities master plan” means a six-year plan developed by a school district that contains:
    1. Enrollment projections for ten (10) years from the date of the plan;
    2. The school district's strategy for maintaining, repairing, renovating, and improving through new construction or otherwise the school district's academic facilities and equipment; and
    3. Other information as required by law;
  7. “Foundation funding” means the same as in § 6-20-2303;
  8. “Local resources” means any moneys lawfully generated by a school district for the purpose of funding the school district's share of financial participation in any academic facilities project for which a school district is eligible to receive state financial participation under priorities established by the division;
  9. “Maintenance, repair, and renovation” means any activity or improvement to a public school facility that maintains, conserves, or protects the state, condition, or efficiency of the public school facility;
    1. “New construction” means any improvement to an academic facility and, if necessary, related areas such as the physical plant and grounds, that brings the state, condition, or efficiency of the academic facility to a state of condition or efficiency better than the academic facility's current condition of completeness or efficiency.
    2. “New construction” includes a new addition to an existing academic facility and construction of a new academic facility;
  10. “Project” means an undertaking in which a school district engages in:
    1. Maintenance, repair, and renovation activities with regard to an academic facility;
    2. New construction of an academic facility; or
    3. Any combination of maintenance, repair, and renovation activities with regard to an academic facility and new construction activities with regard to an academic facility;
  11. “Public school facility” means any public school building or space, including related areas such as the physical plant and grounds, that is used for any purpose, including, without limitation:
    1. An extracurricular activity;
    2. An organized physical activity course as defined in § 6-16-137;
    3. Prekindergarten education;
    4. District administration; or
    5. Delivery of instruction to public school students that is an integral part of an adequate education as described in § 6-20-2302;
  12. “Reconstitution” means the reorganization of the administrative unit or the governing board of directors of a school district, including, but not limited to, the replacement or removal of a current superintendent or the removal or replacement of a current school district board of directors, or both;
  13. “School district” means a geographic area that:
    1. Is governed by an elected board of directors that conducts the daily affairs of public schools under the supervisory authority vested in it by the General Assembly and § 6-13-101 et seq.; and
    2. Qualifies as a taxing unit for purposes of ad valorem property taxes under Arkansas Constitution, Article 14, § 3;
  14. “Space utilization” means the number of gross square feet per student in an academic facility adjusted for academic program, school enrollment, grade configuration, and type of public school in accordance with rules promulgated by the Commission for Arkansas Public School Academic Facilities and Transportation; and
  15. “Unused or underutilized public school facility” means a public school facility or other real property that:
    1. As a whole or in a significant portion, is not being used for a public educational, academic, extracurricular, or administrative purpose and the nonuse or underutilization threatens the integrity or purpose of the public school facility or other real property as a public education facility; and
    2. As of August 1, 2017, is not subject to:
      1. A lease to a third party for fair market value; or
      2. An executed offer to purchase by a third party for fair market value.

History. Acts 2005, No. 1426, § 1; 2006 (1st Ex. Sess.), No. 19, § 4; 2007, No. 827, § 116; 2009, No. 1473, § 19; 2011, No. 1006, §§ 8-10; 2013, No. 600, § 17; 2017, No. 542, § 1.

Amendments. The 2009 amendment added (1)(E).

The 2011 amendment substituted “six-year” for “ten-year” in the introductory language of (7); rewrote (7)(A); deleted (10)(B); and substituted “current” for “original” near the end of (11)(A).

The 2013 amendment, in (5), substituted “identified” for “determined” and inserted “and classified by the Commission for Arkansas Public School Academic Facilities and Transportation as being in academic facilities distress status”; and substituted “classified” for “identified” in the introductory language of (6).

The 2017 amendment added (17).

6-21-804. Arkansas Public School Academic Facilities Program.

  1. The Division of Public School Academic Facilities and Transportation shall develop a comprehensive Arkansas Public School Academic Facilities Program that includes the following components:
    1. An Academic Facilities Master Plan Program that establishes a process by which:
      1. Each school district develops and submits a facilities master plan for review and approval by the division; and
      2. The division develops a comprehensive state master plan for managing state financial participation in local academic facilities projects across the state;
    2. A Public School Facilities Custodial, Maintenance, Repair, and Renovation Manual that contains uniform standards to direct custodial, maintenance, repair, and renovation activities in public school facilities;
    3. A Public School Academic Facility Manual that contains uniform standards to guide the planning, design, and construction of new academic facilities and additions to existing academic facilities;
    4. A Public School Academic Equipment Manual that contains uniform standards for technology systems, instructional materials, and related academic equipment determined to be necessary for a public school to provide an adequate education as described in § 6-20-2302; and
    5. An Academic Facilities Distress Program to assist school districts that are unable to conserve and protect their academic facilities in accordance with this subchapter and rules adopted by the Commission for Arkansas Public School Academic Facilities and Transportation.
  2. The commission shall promulgate rules necessary to administer the Arkansas Public School Academic Facilities Program, all its component and related programs, and the provisions of this subchapter, which shall promote the intent and purposes of this subchapter and assure the prudent and resourceful expenditure of state funds with regard to public school academic facilities throughout the state.

History. Acts 2005, No. 1426, § 1; 2006 (1st Ex. Sess.), No. 19, § 5.

6-21-805. Academic Facilities Master Plan Program — Purpose.

The purposes of the Academic Facilities Master Plan Program and this subchapter are to:

  1. Establish a mechanism for state supervision of school district activities impacting academic facilities and equipment;
  2. Develop and continually update information critical to identifying academic facilities needs at the local level and across the state; and
  3. Allow the state to manage state financial participation in eligible local academic facilities projects.

History. Acts 2005, No. 1426, § 1.

6-21-806. Academic Facilities Master Plan Program — School districts.

  1. The Academic Facilities Master Plan Program shall require each school district to:
    1. Develop a six-year districtwide facilities master plan that shall be approved by the school district's board of directors for submission to and approval by the Division of Public School Academic Facilities and Transportation;
    2. Base its facilities master plan on the provisions of the Arkansas Public School Academic Facility Manual as adopted by the Commission for Arkansas Public School Academic Facilities and Transportation, on priorities indicated by statewide assessment, on priorities established by the division statewide facility needs priority list, and on other pertinent data specific to the needs of the school district with regard to academic facilities and equipment;
    3. Present a draft of the school district's facilities master plan in a public hearing in the same locality as the school district and take public comments;
    4. Submit evidence of the school district's insurance coverage to the division, including coverage amounts, types of coverage, identification of buildings covered, policy renewal dates, and all riders;
    5. Submit the school district's facilities master plan with a summary of comments made at public hearing to the division by February 1 of each even-numbered year;
    6. Submit a report to the division by February 1 of each odd-numbered year that includes a description of all projects completed in the school district since the submission of the school district's most recent facilities master plan, the school district's current enrollment projections, new or continuing needs of the school district with regard to academic facilities and equipment, and an accounting of any changes in the school district's insurance coverage from the most recent submission; and
      1. Submit a report to the division by February 1 of each year that identifies:
        1. All unused or underutilized public school facilities in the school district; and
        2. The unused or underutilized public school facilities, if any, that are designated in the district's facilities master plan to be re-used, renovated, or demolished as part of a specific committed project or planned new construction project.
        1. The division shall identify a public school facility or other real property as an unused or underutilized public school facility if the school district fails to identify in the report the public school facility or other real property.
        2. A school district may appeal an identification made by the division under subdivision (a)(7)(B)(i) of this section to the commission.
  2. A facilities master plan shall include, at a minimum, the following:
    1. A schedule of custodial activities for each public school facility used by a school district;
      1. A schedule of maintenance, repair, and renovation activities for each public school facility used by a school district.
      2. The schedule shall distinguish between work associated with academic facilities and work associated with nonacademic public school facilities;
      1. Documentation that describes preventive maintenance work for each public school facility and identifies the completion date of the work.
      2. The documentation shall distinguish between preventive maintenance work associated with academic facilities and preventive maintenance work associated with nonacademic public school facilities;
      1. Annual expenditures of the school district for all custodial, maintenance, repair, and renovation activities in the school district.
      2. The section of the facilities master plan pertaining to the annual expenditures under subdivision (b)(4)(A) of this section shall distinguish between expenditures associated with academic facilities and expenditures associated with nonacademic public school facilities;
    2. A projected replacement schedule for major building systems in each public school facility;
    3. Identification of issues with regard to public school facility and program access to individuals with disabilities and, if necessary, proposed methods for improving access;
      1. Identification of committed projects within the school district that includes, as applicable, a breakdown of the portion of each project into maintenance, repair, and renovation activities and new construction activities.
      2. The portion of a committed project pertaining to maintenance, repair, and renovation activities shall identify, as applicable, maintenance, repair, and renovation activities associated with academic facilities and maintenance, repair, and renovation activities associated with nonacademic public school facilities;
    4. Annual expenditures of the school district for capital outlay;
    5. A description of planned new construction projects with cost estimates for each public school facility within the school district and needs prioritized as follows:
      1. Immediate needs that the school district intends to address within three (3) years following the submission of the facilities master plan; and
      2. Long-term needs that the school district intends to address within the four (4) to six (6) years following the submission of the facilities master plan;
    6. Evidence of the school district's insurance coverage, including coverage amounts, types of coverage, identification of public school facilities covered, policy renewal dates, and all riders; and
    7. An update in a format prescribed by the division of any new public school facilities, as defined in § 6-21-803, constructed since the last master plan submission, including individual room types and sizes.
    1. The division shall establish procedures and timelines for a school district to submit a preliminary facilities master plan or a master plan outline to the division before the submission of the school district's final facilities master plan.
    2. The preliminary facilities master plan or master plan outline shall form the basis for a consultation meeting between representatives of the school district and members of the division.
    3. As soon as practicable after submission of the preliminary facilities master plan or master plan outline, the division shall hold the consultation meeting with the school district to:
      1. Assure understanding of the general goals of this subchapter and the criteria by which projects will be evaluated;
      2. Discuss ways the facilities master plan may be structured to meet the goals of this subchapter;
      3. Assist school districts to prepare accurate budgets and reasonable project schedules; and
      4. Provide for efficiency and productivity in the approval process for local academic facilities projects and state financial participation in local projects.
  3. The division shall review and upon all requirements' being met approve a school district's facilities master plan no later than September 1 of each even-numbered year and shall notify a school district no later than May 1 of each odd-numbered year whether the school district's application for state financial participation during the upcoming biennium in an eligible new construction project has been approved.
    1. A school district may amend its facilities master plans at any time during the six-year cycle specified in § 6-21-803.
    2. An amendment may be submitted out of the regular even-numbered year cycle if the school district:
      1. Has encountered:
        1. A major enrollment change;
        2. A major curriculum change;
        3. A major disaster; or
        4. An unforeseen occurrence; or
        1. Has begun or completed a self-funded construction project over which the division has only review authority.
        2. An amendment submitted under subdivision (e)(2)(B)(i) of this section may be submitted in the form of an appendix to the existing school district facilities master plan.

History. Acts 2005, No. 1426, § 1; 2006 (1st Ex. Sess.), No. 19, § 6; 2007, No. 989, §§ 16, 17; 2009, No. 1473, § 20; 2011, No. 1006, §§ 11, 12, 12[13]; 2017, No. 542, § 2; 2017, No. 935, § 8.

Amendments. The 2009 amendment deleted “by July 1 of each even-numbered year” following “the division” in (a)(4).

The 2011 amendment substituted “six-year” for “ten-year” in (a)(1); substituted “Long-term” for “Short-term” in (b)(9)(B); deleted (b)(9)(C) and (d)(1); redesignated (d)(2) as (d); in (d), deleted “Except as provided in subdivision (d)(1) of this section” from the beginning and inserted “upon all requirements being met”; and substituted “six-year” for “ten-year” in (e)(1).

The 2017 amendment by No. 542 added (a)(7).

The 2017 amendment by No. 935 added (b)(11).

6-21-807. Academic Facilities Master Plan Program — State plan.

  1. The Division of Public School Academic Facilities and Transportation shall develop a comprehensive state academic facilities master plan for managing state financial participation in local academic facilities projects across the state.
  2. The state academic facilities master plan shall include:
    1. A list of committed projects for public school academic facilities for the upcoming fiscal year categorized by program and method of state financial participation;
    2. The total estimated cost of each committed project and the estimated amount of state financial participation; and
    3. A four-year rolling forecast of planned new construction projects related to public school academic facilities.

History. Acts 2005, No. 1426, § 1.

6-21-808. Public School Facilities Custodial, Maintenance, Repair, and Renovation Manual.

  1. The purposes of the Public School Facilities Custodial, Maintenance, Repair, and Renovation Manual and this section are to:
    1. Provide for the long-term conservation and protection of public school facilities;
    2. Eliminate the deterioration of existing and future public school facilities;
    3. Provide a safe and healthy environment for students, teachers, administrators, and staff of the public schools; and
    4. Provide for the efficient use of state and local funds in support of academic facilities in each school district in the state.
    1. The manual shall contain standards for custodial operations related to public school facilities.
    2. Standards for custodial operations in public school facilities shall include the following:
      1. The required contents of a custodial care plan;
      2. A suggested schedule for routine care and renovation cleaning;
      3. Levels of personnel necessary to perform custodial operations;
      4. Training criteria for the use and storage of supplies and equipment, with emphasis given to chemical right-to-know, indoor air quality, and other applicable standards;
      5. Supplies and equipment necessary to perform custodial operations, including space standards for the proper storage of supplies and equipment;
      6. In-service training opportunities for custodial personnel;
      7. Designation of routine duties;
      8. Designation of renovation cleaning duties; and
      9. Suggested schedule for the sanitary inspection of all school buildings.
    1. The manual shall contain standards for maintenance, repair, and renovation activities related to public school facilities.
    2. Standards for maintenance, repair, and renovation activities in public school facilities shall include the following:
      1. The required contents of a preventive maintenance plan, which shall include guidelines for:
        1. Scheduling preventive maintenance activities for public school facilities;
        2. Preparing and retaining documentation that describes preventive maintenance work related to public school facilities and identifies the completion date of the work;
        3. Scheduling lawfully required inspections of public school facilities conducted by state agencies and commissions; and
        4. Scheduling the inspections specified by the Commission for Arkansas Public School Academic Facilities and Transportation relating to safe, dry, and healthy public school facilities;
        1. Development and implementation of a work-request system to allow others to inform a public school's maintenance department of needs and to allow the responsible person to prioritize responses.
          1. School districts shall participate in any state-level computerized maintenance management system designed to track work orders and preventative maintenance work established by the Division of Public School Academic Facilities and Transportation at no cost to the school district.
          2. The cost associated with additional maintenance modules by a school district shall be at the expense of the school district and may be within the nine-percent minimum maintenance expenditures under subdivision (d)(1)(A) of this section.
          3. School district use of the computerized management maintenance system under this subdivision (c)(2)(B)(ii) shall include without limitation:
            1. Entering and tracking all reactive and preventative maintenance work;
            2. Entering preventative maintenance schedules for academic and nonacademic facilities' systems;
            3. Documenting completed reactive and preventative maintenance work; and
            4. Scheduling state-mandated inspections as required under § 6-21-813(e);
      2. Levels of personnel necessary to perform maintenance operations;
      3. Training criteria for maintenance personnel with regard to:
        1. School policies;
        2. Safety procedures;
        3. Use of specialized equipment;
        4. Compliance with federal, state, county, and municipal laws and regulations impacting public school facilities and equipment; and
        5. Other applicable areas;
      4. In-service training opportunities for maintenance personnel;
      5. Inspection, cleaning, servicing, and repair of heating, ventilation, and air-conditioning systems;
      6. Inspection and repair of:
        1. Electrical systems;
        2. Hot water boilers and heaters;
        3. Fire alarms;
        4. Fire extinguishers and kitchen hood vent suppression systems;
        5. Emergency lighting and exit light fixtures;
        6. Elevators and wheelchair lifts;
        7. Plumbing;
        8. Roofs;
        9. Stairwell areas;
        10. Interior and exterior lighting;
        11. Doors and windows;
        12. Floor coverings;
        13. Masonry and concrete building exteriors;
        14. Interior and exterior finishes;
        15. Kitchen equipment;
        16. Sidewalks, driveways, parking areas, and paved play areas; and
        17. Parking lots, handicap parking spaces, driveways, fire and emergency vehicle zones, and bus and car loading and unloading areas;
      7. Inspection and repair and servicing of fire sprinkler systems;
      8. Maintenance of a pest control program;
      9. Inspection of playground equipment; and
      10. Grounds maintenance.
      1. Each school district shall dedicate nine percent (9%) of its foundation funding exclusively to payment of utilities and costs of custodial, maintenance, repair, and renovation activities, which include related personnel costs, for public school facilities.
        1. If any amount of the dedicated nine percent (9%) is unspent at the end of the school district's fiscal year, the funds shall carry over, and the school district shall transfer the remaining amount into a public school facilities escrow account.
        2. A school district may use funds from its public school facilities escrow account in any fiscal year for payment of utilities and costs of custodial, maintenance, repair, and renovation activities, which include related personnel costs, for public school facilities.
          1. If a school district wants to use funds from its public school facilities escrow account for new construction, the school district shall apply to the division for its approval.
          2. If the division authorizes the release of funds from the school district's public school facilities escrow account and approves the new construction, the school district may use the funds as authorized by the division.
      1. A school district is not required to use funds in its public school facilities escrow account for new construction.
        1. New construction shall be funded by local resources, which may include funds in the school district's public school facilities escrow account if approved by the division.
        2. In addition, new construction may be eligible for state financial participation.

History. Acts 2005, No. 1426, § 1; 2006 (1st Ex. Sess.), No. 19, § 7; 2009, No. 1473, §§ 21, 22; 2009, No. 1475, § 2; 2019, No. 933, § 1.

Amendments. The 2009 amendment by No. 1473 added (b)(2)(I); and rewrote (c)(2)(B).

The 2009 amendment by No. 1475 added (c)(2)(A)(iii) and (c)(2)(A)(iv) and made related changes.

The 2019 amendment deleted “be required to” preceding “participate” in (c)(2)(B)(ii) (a) ; and added (c)(2)(B)(ii) (c)

6-21-809. Arkansas Public School Academic Facility Manual.

  1. The Arkansas Public School Academic Facility Manual shall contain uniform standards to guide the planning, design, and construction of new public school academic facilities and additions to existing public school academic facilities.
  2. Design and construction standards shall include provisions addressing the following areas:
    1. Planning concepts related to current educational best practices, special education, workforce development, and program and design capacity;
    2. Organizational, facility, program, and service issues, including grade configuration, school size, and class size;
      1. Site selection, including without limitation guidelines about site size and site amenities, such as site access, grading, drainage, drives, parking, walks, fencing, exterior security provisions, exterior lighting, mechanical yards, electrical yards, site furnishings, play fields, playgrounds, and landscaping.
        1. A public school district shall notify the Arkansas Department of Transportation of its site selection under subdivision (b)(3)(A) of this section.
        2. Upon receipt of notification under subdivision (b)(3)(B)(i) of this section, the department may perform a traffic impact analysis to determine the impact the public school district's facility design or construction project may have on traffic.
        3. A public school district may incorporate the results and recommendations that address the results of the traffic impact analysis into the design plan for a public school district facility design or construction project.
        4. Notwithstanding other statutes to the contrary, the cost of any recommendations under subdivision (b)(3)(B)(iii) of this section may be considered an eligible construction expense for any design or construction project undertaken by a public school district.
          1. Nonrevenue receipts of a school district and revenue receipts of a school district, as defined under § 6-20-401(3) and (4), may be used to pay for the cost of any recommendations under subdivision (b)(3)(B)(iii) of this section.
          2. However, facilities partnership funds shall not be used to pay for the cost of recommendations under subdivision (b)(3)(B)(iii) of this section.
        5. The Commission for Arkansas Public School Academic Facilities and Transportation shall, in consultation with the department, promulgate rules necessary to implement this subdivision (b)(3)(B);
    3. Standards for size and quantity of instruction and support spaces;
    4. Program space guidelines, including necessary features, loose furnishings, and finishes related to identified programs and services;
    5. Design standards and guidelines regarding the quality of materials and systems for the following building systems:
      1. Fire and safety;
      2. Roofing;
      3. Structural;
      4. Heating, ventilation, and air conditioning;
      5. Plumbing;
      6. Electrical;
      7. Exterior;
      8. Interior;
      9. Technology; and
      10. Specialties, including equipment and furnishings; and
    6. Repair and construction cost guidelines.
  3. The manual shall also include provisions addressing the following areas:
      1. A process by which a school district may apply for a variance from applicable academic facility standards upon presenting evidence of:
        1. The existence of conditions that make compliance with applicable standards impractical or unreasonably burdensome; and
        2. Other conditions determined by the Division of Public School Academic Facilities and Transportation as warranting a variance from applicable public school academic facility standards.
      2. The variance provision shall address minimum standards for academic facilities that are reasonably expected to close or be replaced within three (3) years;
    1. Review and approval of all plans and designs for major building systems related to new construction of academic facilities before preparation of final bid or other applicable procurement documents;
    2. Site inspections of all major building and design systems at appropriate stages of construction;
    3. Contingency plans for review and inspection by the division if appropriate state, local, or other officials are unable or unwilling to complete an appropriate plan review or site inspection; and
    4. The short-term temporary use of premanufactured portable buildings.
  4. The division shall review and update the manual on an annual basis.

History. Acts 2005, No. 1426, § 1; 2015, No. 722, § 4; 2019, No. 858, § 1.

Amendments. The 2015 amendment repealed former (c)(5).

The 2019 amendment added (b)(3)(B) and redesignated former (b)(3) as (b)(3)(A); and inserted “without limitation” in (b)(3)(A).

6-21-810. Public School Academic Equipment Manual.

  1. The Public School Academic Equipment Manual shall contain uniform standards for technology systems, instructional materials, and related academic equipment determined to be necessary for a public school to provide an adequate education as described in § 6-20-2302.
    1. The standards for technology systems, instructional materials, and related academic equipment shall address the following areas:
      1. Science and mathematics;
      2. Library media center;
      3. English and language arts;
      4. Foreign languages;
      5. Social studies;
      6. Health education and physical education;
      7. Art;
      8. Music;
      9. Guidance and health services; and
      10. Workforce education.
    2. The standards shall account for variations in a school district's use of and need for technology systems, instructional materials, and related academic equipment such as size of school district, grade configuration of schools within the school district, number of course offerings available, and enrollment levels.
    3. The standards shall establish a method for creating, maintaining, and updating an inventory of public school academic equipment, including, without limitation, technology systems, instructional materials, and related academic equipment.

History. Acts 2005, No. 1426, § 1.

6-21-811. Academic Facilities Distress Program.

  1. The Commission for Arkansas Public School Academic Facilities and Transportation shall classify a public school or school district as being in academic facilities distress if the Division of Public School Academic Facilities and Transportation recommends and the commission concurs that the public school or school district has engaged in actions or inactions that result in any of the following:
    1. Any act or violation determined by the division to jeopardize any academic facility used by a public school or school district, including, but not limited to:
      1. Material failure to properly maintain academic facilities in accordance with this subchapter and rules adopted by the commission;
      2. Material violation of local, state, or federal fire, health, or safety code provisions or laws;
      3. Material violation of applicable building code provisions or law;
      4. Material failure to provide timely and accurate facilities master plans to the division;
      5. Material failure to comply with state law governing purchasing, bid requirements, or school-construction-related laws or rules in relation to academic facilities projects;
      6. Material default on any school district debt obligation; or
      7. Material failure to plan and progress satisfactorily toward accomplishing the priorities established by the division and the approved school district's facilities master plan; and
    2. Any other condition of an academic facility or facilities in a public school or school district that is determined by the division to have a detrimental impact on educational services provided by that public school or school district.
  2. The division shall provide written notice, via certified mail, return receipt requested, to the president of the board of directors and the superintendent of the school district identified or containing a school identified by the division as being in facilities distress.
    1. By August 31 of each year, the division shall notify the superintendent of a school district if the division is aware the school district has experienced two (2) or more indicators of facilities distress in one (1) school year that the division deems to be nonmaterial but that without intervention could place the district in facilities distress.
    2. The superintendent of a school district shall report to the division if the superintendent is aware the school district has experienced two (2) or more indicators of facilities distress in one (1) school year that the superintendent deems to be nonmaterial but that without intervention could place the district in facilities distress.
      1. The division and the superintendent shall review all data related to the nonmaterial indicators of facilities distress.
        1. Within thirty (30) days of the division's determination that the school district may be experiencing facilities distress at a nonmaterial level, the division shall provide a notice to the school district's superintendent and board of directors that:
          1. Describes the nonmaterial indicators of facilities distress that could have a detrimental impact on educational services provided by the affected public school or the school district if not addressed; and
          2. Identifies the support available from the division to address each nonmaterial indicator of facilities distress.
        2. The board of directors shall place on the agenda for the next regularly scheduled meeting of the board of directors a discussion of the notice of nonmaterial indicators of facilities distress.
      1. If any condition of an academic facility raises a significant health or safety issue, the superintendent of the school district where the academic facility is located or the person responsible for the management of the academic facility shall immediately notify the division and the board of directors of the school district.
      2. The board of directors shall place on the agenda for the next regularly scheduled meeting of the board of directors a discussion of the notice of the significant health or safety issue.
    1. A public school or school district classified by the commission as being in facilities distress shall develop a facilities improvement plan within thirty (30) days from the date of classification and promptly submit the facilities improvement plan to the division for review and approval.
    2. A public school or school district shall review and revise its facilities improvement plan on a periodic basis as determined by the division and submit the updated facilities improvement plan to the division in order for the division to determine whether the public school or school district is correcting its deficient areas of practice regarding academic facilities.
    3. A school district shall use facilities improvement plans as necessary to supplement and update its facilities master plan.
    1. Every two (2) years, the division shall determine whether the progress of each school district complies with the school district's facilities master plan and shall notify the school district of any noncompliance.
    2. Every two (2) years, the division shall review the applications made for the Academic Facilities Partnership Program established under § 6-20-2507, to identify any school district that did not apply for state funding for necessary facilities to meet adequacy requirements and shall notify the school district of any deficiencies.
    3. Within thirty (30) days of receiving the notice provided under subdivision (e)(1) or subdivision (e)(2) of this section, the school district shall submit a facilities improvement plan to the division for its review and approval that states how the school district will address the noncompliance issues contained in the notice.
    4. If the division does not approve the facilities improvement plan submitted by the school district, it shall identify the school district as being in facilities distress.
    5. A school district may appeal the identification of the division under this subsection to the commission pursuant to the procedures established by the commission.
      1. Within ten (10) days of a school district's failure to pass a millage required to fulfill its obligations under the school district's facilities master plan, the division shall provide written notice to the school district of the date, time, and place for a conference with the school district at which the division will:
        1. Determine whether as a result of the failed millage there are facilities issues relating to:
          1. Immediate repairs under § 6-20-2504(b)(4) [repealed];
          2. The presence and number of suitability needs of public school academic facilities, which shall be defined by rule; or
          3. Immediate need for academic facilities to meet student growth; and
        2. Thoroughly discuss and explain the sanctions and requirements that are available to the commission if the school district or a school within the district is classified by the commission as being in facilities distress under this section and § 6-21-812.
      2. The written notice shall be provided via certified mail to the president of the school district board of directors and the superintendent of the school district.
      3. The commission shall establish rules for the implementation of this subdivision (f)(1).
      1. If the commission determines that there are immediate repairs, growth, or suitability issues that require expedited attention, the commission may direct the school district to conduct a special election to vote on a millage increase.
        1. The division and the school district shall agree upon the issues to be submitted for a vote in the special election.
        2. The special election may not include any issues other than the issues that are mutually agreed upon.
      2. The special election shall be held on a date that is:
        1. Mutually agreed upon by the division and the school district; and
        2. Not later than seven (7) months from the date of the election at which the millage failed unless it is necessary to extend the date beyond seven (7) months because of restrictions on the number of elections that may be held within a calendar year.
      3. If within ninety (90) days from the notice provided to the school district under subdivision (f)(1)(A) of this section the school district has not set an election date, the division shall identify the school district as being in facilities distress.
        1. If the school district is able to finance the immediate repairs, growth, and suitability improvements without the necessity of a special election on increasing its millage, the school district may enter into an agreement with the division to fund its improvements separately, which shall include an implementation timeframe.
        2. The division shall identify the school district as being in facilities distress for failure to implement the agreed upon plan for immediate repairs, growth, and suitability improvements within the timeframe specified in the agreement.
  3. When a school district is classified by the commission to be in facilities distress, the division may, with the approval of the commission:
      1. Provide on-site technical evaluation and assistance and make written recommendations to the school district superintendent regarding the care and maintenance of any academic facility in the school district.
      2. Any school district classified as being in facilities distress status shall accept on-site technical evaluation and assistance from the division.
      3. The written recommendations of the division are binding on the school district, the superintendent, and the board of directors;
    1. Remove permanently, reassign, or suspend on a temporary basis the superintendent of the school district, and:
      1. Appoint an individual in place of the superintendent to administratively operate the school district under the supervision and approval of the Commissioner of Elementary and Secondary Education;
      2. Compensate the individual operating the school district from school district funding; and
      3. Authorize the individual to remove, replace, reassign, or suspend public school district personnel in accordance with state law;
    2. Suspend or remove some or all of the current board of directors and call for the election of a new board of directors for the school district, in which case the school district shall reimburse the county board of election commissioners for election costs as otherwise required by law;
      1. Remove on a temporary basis some or all of the powers and duties granted to the current public school district board of directors under § 6-13-620 or any other applicable law but allow the public school district board of directors to continue to operate under the direction and approval of the Commissioner of Elementary and Secondary Education.
      2. The commission shall define the powers and duties of the public school district board of directors under this section.
      3. The public school district board of directors shall act in an advisory capacity to the Commissioner of Elementary and Secondary Education with respect to all other powers and duties maintained by the Commissioner of Elementary and Secondary Education;
    3. Require the school district to operate without a board of directors under the supervision of the superintendent or an individual or panel appointed by the Commissioner of Elementary and Secondary Education;
    4. Waive the application of Arkansas law or the corresponding State Board of Education or commission rules, with the exception of:
      1. The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.;
      2. The Public School Employee Fair Hearing Act, § 6-17-1701 et seq.;
      3. Special education programs as provided in this title;
      4. Conducting criminal background checks for employees as provided in this title; and
      5. Health and safety codes as established by the state board, the commission, and local governmental entities;
    5. In the absence of a school district board of directors, direct the Commissioner of Elementary and Secondary Education to assume all authority of the board of directors as may be necessary for the day-to-day governance of the school district;
    6. Require reassignment of some or all of the administrative, instructional, or support staff of a public school;
    7. Require reorganization, closure, or dissolution of one (1) or more of the public schools within the classified school district;
      1. Return the administration of the school district to the former board of directors or place the administration of the school district in a newly elected board of directors if:
        1. The division certifies in writing to the commission and to the school district that the school district has corrected all issues that caused the classification of facilities distress and the school district has not experienced any additional indicators of facilities distress; and
        2. The commission determines the school district has corrected all issues that caused the classification of facilities distress.
      2. If the division calls for an election of a new school district board of directors, the school district shall reimburse the county board of election commissioners for election costs as otherwise required by law;
    8. Require school district staff and employees to attend training in areas of concern for the public school or school district;
      1. Require a school district to cease all expenditures related to activities not described as part of an adequate education in § 6-20-2302 and place money that would have been spent on the activities into an academic facilities escrow account to be released only upon approval by the division for use in conjunction with a local academic facilities project.
      2. School districts shall include a clause addressing this contingency in all contracts with personnel who are involved with activities not described as part of an adequate education;
    9. Notify the public school or school district in writing that the deficiencies regarding academic facilities shall be corrected within a time period designated by the division;
      1. Petition the state board at any time for the consolidation, annexation, or reconstitution of a school district in facilities distress or take other appropriate action as allowed by this subchapter in order to secure and protect the best interest of the educational resources of the state or to provide for the best interest of students in the school district.
      2. The state board may approve the petition under subdivision (g)(14)(A) of this section or take other appropriate action as allowed by this subchapter.
      3. Except as established in subdivision (g)(14)(D) of this section or subsection (n) of this section, the state board shall consolidate, annex, or reconstitute any school district that fails to remove itself from the classification of a school district in facilities distress within five (5) consecutive school years of classification of facilities distress status.
      4. The state board may grant additional time for a public school or school district to remove itself from facilities distress by issuing a written finding supported by a majority of the state board explaining in detail that the public school or school district could not remove itself from facilities distress during the relevant time period due to impossibility caused by external forces beyond the control of the public school or school district;
    10. Correct the failure of a school district to complete its agreed plan or to pass the millage in the special election under subdivision (f)(2) of this section by contracting for and completing the necessary improvements under the agreed plan;
      1. If the academic facilities in the public school district in facilities distress are inadequate to provide an adequate education, recommend that the state board dissolve the school district and transfer students to public schools in other public school districts.
      2. If the state board elects to dissolve the school district and transfer students to public schools in other public school districts, the state board shall assign the public school district's territory, property, and debt; and
    11. Take any other action allowed by law that is deemed necessary to assist a public school or school district in correcting the issues that caused the classification of facilities distress, to secure and protect the best interest of the educational resources of the state, or to provide for the best interest of students in the school district.
  4. No school district identified by the division as being in facilities distress may incur any debt without the prior written approval of the commission.
  5. A public school or school district in facilities distress may petition the commission for removal from facilities distress status only after the division has certified in writing that the public school or school district has corrected all criteria for being classified as in facilities distress and has complied with all division recommendations and requirements for removal from facilities distress status.
  6. The division shall submit a written evaluation on the status of each school district in facilities distress to the commission and the state board at least one (1) time every six (6) months.
      1. If a school district is classified by the commission as being in facilities distress and has immediate repairs, growth, or suitability improvement issues, the division, in addition to any other remedy under this section and § 6-21-812, may provide a loan to the school district to be repaid from any funds available that are not required to provide an adequate education.
        1. Funds available that are not required to provide an adequate education include:
          1. Fund balances and any cash on hand that are not part of foundation funding or categorical funding under § 6-20-2305 and are not otherwise required to provide an adequate education for students in the public school district; and
          2. Revenues that are not obligated on bonds.
        2. Funds remaining after the annual payment on a bond obligation are included in funds that are not required to provide an adequate education.
    1. The public school district shall repay the loan on the schedule determined by the division.
  7. The commission in conjunction with the Academic Facilities Oversight Committee shall:
    1. Reexamine the role and function of the State Facility Assessment of 2004;
    2. Assess the progress made by the state in the mandates of the Supreme Court in Lake View School District No. 25 v. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (2002); and
    3. Make needed changes in the implementation of the academic facilities program by modifying the commission's rules.
  8. [Repealed.]
    1. If, by the end of the fifth school year following the school district's classification of facilities distress status, the school district in facilities distress has not corrected all issues that caused the classification of facilities distress, the state board, upon petition from the commission or the division and after a public hearing, shall consolidate, annex, or reconstitute the school district under this section.
    2. The state board may grant additional time for a public school or school district to remove itself from facilities distress by issuing a written finding supported by a majority of the state board explaining in detail that the public school or school district could not remove itself from facilities distress during the relevant time period due to impossibility caused by external forces beyond the control of the public school or school district.
  9. This section does not prevent the division, the commission, or the state board from taking any of the actions listed in this section at any time to address a public school or school district in facilities distress.

History. Acts 2005, No. 1426, § 1; 2007, No. 989, § 18; 2007, No. 996, § 2; 2009, No. 798, § 2; 2009, No. 1473, § 23; 2013, No. 600, §§ 18-23; 2017, No. 935, §§ 9, 10; 2019, No. 315, § 306; 2019, No. 910, § 1732; 2019, No. 933, §§ 2, 3.

A.C.R.C. Notes. Acts 2007, No. 996, § 1, provided:

“FINDINGS.

“The General Assembly finds that:

“(1) The General Assembly adopted Acts 34 and 35 of the First Extraordinary Session of 2006 to determine whether school districts were unable to contribute local resources necessary to qualify for participation in state-funded facilities programs;

“(2) School districts with insufficient bonding capacity were accommodated by the passage of Acts 22 and 23 of the First Extraordinary Session of 2006, which removed the bonded debt ratio, thus removing the cap on bond issuance;

“(3) School districts with declining enrollment were addressed by Act 2206 of 2005 by allowing a three-year average to be used in determining the school district's facilities wealth index and by Act 21 of the First Extraordinary Session of 2006, which provided additional funding for declining enrollment based on the previous two (2) years' average daily membership. No evidence was presented during the hearings held in 2006 pursuant to Act 57 of any school district suffering from a problem related to this;

“(4) The General Assembly researched a school district with a low assessed property valuation and a low facilities wealth index and determined that it is treated the same as a school district with high property valuation and a high facilities wealth index. The research indicated, for example, that Poyen is required to use the same amount of mills to build facilities for ten percent (10%) of its students as Bryant, which is in the middle, and as Bentonville, which is on top. No evidence was presented during the hearings held in 2006 pursuant to Act 57 of any school district suffering from a problem related to this; and

“(5) School districts at or above the 95th percentile are addressed through SB962 of the 86th General Assembly. It provides that every school district at 100% of the facilities wealth index or above is adjusted to the same amount as the first district below one hundred percent (100%) on the facilities wealth index, unless that would exceed five thousandths (.005). In that case, the amount is capped at five thousandths (.005). No evidence was presented during the hearings held in 2006 pursuant to Act 57 of any school district suffering from a problem related to this.”

Acts 2007, No. 996, § 3, provided: “The document attached hereto titled ‘Arkansas Department of Education, Analysis of the Academic Facilities Wealth Index for Providing Facilities for 10% of a District's ADM’, dated March 8, 2007, is specifically adopted by the House Education Committee and the Senate Education Committee and recommended to the General Assembly and shall be filed in the journals of the House and Senate.”

Amendments. The 2009 amendment by No. 798 added the (1) designation in (b); inserted present (c); and redesignated the remaining subsections accordingly.

The 2009 amendment by No. 1473 inserted “or school construction related laws or rules” in (a)(1)(E) and made related changes.

The 2013 amendment substituted “classify” for “identify” in the introductory language of (a); in (b), deleted “public school or” preceding “school district” and inserted “or containing a school identified by the division”; in (d)(1), substituted “classified by the commission” for “identified” and “classification” for “receipt of the notice”; deleted “beginning February 1, 2009” following “years” in (e)(1); substituted “Every two (2) years” for “Beginning on February 1, 2008, and each biennium thereafter” in (e)(2); substituted “identification” for “decision” in (e)(5); substituted “or a school within the district is classified by the commission” for “is identified” in (f)(1)(A)(ii); in (g), substituted “classified” for “identified” twice; rewrote (g)(2); deleted former (g)(3) and (6); redesignated the remaining subdivisions accordingly; added “or an individual or panel appointed by the commissioner” at the end of (g)(4); inserted present (g)(5) and (6); added subdivision designations in (g)(7); in (g)(11)(C), substituted “Except as set forth in subsection (m) or subdivision (g)(11)(D) of this section, the” for “The”, “classification” for “receipt of notice of identification”, and deleted “by the division” at the end; added (g)(11)(D); in (g)(14), substituted “correcting the issues that caused the classification” for “removing criteria” and added “to secure and protect ... students in the school district” to the end; substituted “classified by the commission” for “identified” in (k)(1)(A); and added (m) through (o).

The 2017 amendment substituted “subsection (n)” for “subsection (m)” in (g)(11)(C); and substituted “second full school year following the assumption of authority” for “second school year following a school district's classification as being in facilities distress status” in (m)(1).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the introductory language of (g)(5) [now (g)(6)].

The 2019 amendment by No. 910 substituted “Division of Public School Academic Facilities and Transportation” for “division” throughout the section; substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (g)(2)(A); in (m), substituted “Division of Elementary and Secondary Education” for “Department of Education”; and made stylistic changes.

The 2019 amendment by No. 933 rewrote (g)(2)(B); added (g)(2)(C); inserted (g)(4) and redesignated the remaining subdivisions accordingly; inserted “or commission” in the introductory language of (g)(6); added (g)(6)(C) through (g)(6)(E); redesignated former (g)(6) as (g)(7); inserted (g)(8) and (g)(9) and redesignated the remaining subdivisions accordingly; added “and the school district has not experienced any additional indicators of facilities distress” in (g)(10)(A)(i); inserted “under subdivision (g)(14)(A) of this section” in (g)(14)(B); in (g)(14)(C), substituted “established” for “set forth” and substituted “(g)(14)(D)” for “(g)(11)(D)”; rewrote (g)(16); repealed (m); and made a stylistic change.

Cross References. Academic distress, § 6-15-2901 et seq.

Fiscal distress, § 6-20-1901 et seq.

6-21-812. Facilities distress — Student transfers.

    1. Any student attending a public school district classified as being in facilities distress shall automatically be eligible and entitled under the Public School Choice Act of 2015, § 6-18-1901 et seq., to transfer to another school district not in facilities distress during the time period that a district is classified as being in facilities distress.
    2. The student is not required to file a petition to transfer by May 1 but shall meet all other requirements and conditions of the Public School Choice Act of 2015, § 6-18-1901 et seq.
  1. The resident district shall pay the cost of transporting the student from the resident district to the nonresident district.
  2. The nonresident district shall count the student for average daily membership purposes.

History. Acts 2005, No. 1426, § 1; 2013, No. 1227, § 5; 2019, No. 933, § 4.

Amendments. The 2013 amendment substituted “Arkansas Public School Choice Act of 1989, § 6-18-206” for “Public School Choice Act of 2013, § 6-18-1901 et seq” in (a)(1) and (a)(2); deleted “geographically contiguous” following “transfer to another” in (a)(1); and substituted “June 1” for “July 1” in (a)(2).

The 2019 amendment substituted “petition to transfer by May 1” for “petition by June 1” in (a)(2).

6-21-813. Inspections.

  1. The Division of Public School Academic Facilities and Transportation shall conduct random unannounced on-site inspections of all academic facilities to ensure compliance with the school district's facilities master plan and, if applicable, the school district's facilities improvement plan in order to preserve the integrity of and extend the useful life of public school academic facilities and equipment across the state.
  2. The division shall submit reports regarding its on-site inspections of academic facilities to the Commission for Arkansas Public School Academic Facilities and Transportation within thirty (30) days of completion of the on-site inspections.
  3. Based on the division's on-site inspection or notification by the division to the Commission for Arkansas Public School Academic Facilities and Transportation that the changes or additions to a school district's facilities master plan or facilities improvement plan required by the division have not been implemented within the time period prescribed by the division, the Commission for Arkansas Public School Academic Facilities and Transportation shall restrict the use of the necessary funds or otherwise allocate funds from moneys appropriated by the General Assembly.
  4. The division shall work with state agencies and commissions requesting inspection assistance for those areas in which the state agency or commission has primary responsibility to conduct lawfully required inspections.
  5. The division shall work with school districts, state agencies, and state commissions to ensure that:
    1. All lawfully required inspections of academic facilities are performed, including without limitation scheduled, unscheduled, or emergency inspections of or concerning:
      1. Boilers;
      2. Electrical systems;
      3. Heating, ventilation, and air conditioning systems;
      4. Natural gas piping systems;
      5. Liquid propane gas systems;
      6. Plumbing systems, including without limitation reduced pressure zone valves;
      7. Indoor air quality systems;
      8. Fire prevention;
      9. Elevators;
      10. Occupational safety and health issues;
      11. Water wells; and
      12. Asbestos; and
    2. The division receives the same report on the same date that a school district receives a report concerning a lawfully required scheduled or unscheduled inspection or reinspection of an academic facility.
  6. If an inspection or code violation is reported in the course of an inspection or reinspection conducted by a state agency or commission, the division shall work closely with the school district and the appropriate state agency or commission to ensure the violation is remedied within thirty (30) days of the date the inspection or code violation is reported or as soon as reasonably possible thereafter.

History. Acts 2005, No. 1426, § 1; 2009, No. 1475, § 3.

Amendments. The 2009 amendment deleted “that have been funded wholly or in part by moneys from the state” preceding “to ensure” in (a); and added (d) through (f).

6-21-814. Appeals.

  1. A school district may appeal any determination of the Division of Public School Academic Facilities and Transportation under this subchapter to the Commission for Arkansas Public School Academic Facilities and Transportation in accordance with procedures developed by the commission.
  2. All decisions of the commission resulting from a school district's appeal of a division determination under this subchapter shall be final and shall not be subject to further appeal or request for rehearing to the commission or petition for judicial review under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

History. Acts 2005, No. 1426, § 1.

6-21-815. Right of access to unused or underutilized public school facilities — Definition.

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

History. Acts 2017, No. 542, § 3.

6-21-816. Sale or lease of public school facilities.

    1. Except as otherwise provided in this section, if a school district determines that any public school facility or other real property is no longer needed for school purposes or is unused or underutilized, the school district may sell or lease the public school facility in accordance with §§ 6-13-103 and 6-13-620 and this subchapter.
      1. Money derived from the sale or lease of property under this section shall be placed in the appropriate school fund established under applicable law, as determined by the school district.
      2. Money derived from the sale or lease may be used for any purpose allowed by law, including without limitation redemption of bonds related to the financing of the public school facility sold or leased.
    2. A school district may not make a covenant that prohibits the sale or lease of a public school facility or other real property to an open-enrollment public charter school that is located within the geographic boundary of the school district.
      1. If a school district decides to sell, lease, or otherwise transfer ownership of an academic facility, an open-enrollment public charter school located within the school district's boundaries shall have a right of first refusal to purchase or lease the facility for fair market value.
      2. If the school district ceases to use a public school facility as an academic facility, the right of first refusal shall continue for two (2) years after the date the public school facility or other real property was last used as an academic facility.
      3. If there is more than one (1) open-enrollment public charter school located within the boundaries of the school district, the right of first refusal shall be available to the open-enrollment public charter school according to a priority list determined by the charter authorizer following a review of the comparative status and educational needs of the open-enrollment public charter schools.
      1. If an open-enrollment public charter school decides to sell or lease a public school facility or other real property purchased by the public charter school under this section or under § 6-21-815, and the sale or lease is to a third party that is not a public charter school, the school district in which the public school facility or other real property is located shall have a right of first refusal to purchase or lease the public school facility or other real property for fair market value, subject to any mortgage or lien attached to the public school facility or other real property.
      2. The school district may waive its right of first refusal under subdivision (b)(2)(A) of this section if the public school facility or other real property or its revenues are to be pledged by the public charter school as security for debt to fund the purchase or renovation of the public school facility or other real property.
    1. Subject to the priority list under subdivision (b)(1)(C) of this section, nothing in this subchapter shall be construed to delay or limit the authority of a school district to sell, lease, or otherwise transfer a public school facility or other real property to a public charter school on terms agreed to by the school district and public charter school.
  1. If a public school facility or other real property has been identified by the Division of Public School Academic Facilities and Transportation as an unused or underutilized public school facility, the school district may sell or lease the unused or underutilized public school facility to a third party, other than an open-enrollment public charter school, no earlier than the later of:
    1. Two (2) years after the date the public school facility or other real property is identified by the division as an unused or underutilized public school facility, so long as no public charter school has claimed a right of access under § 6-21-815 or a right of first refusal under this section; or
    2. If the unused or underutilized public school facility has been designated in the school district's facilities master plan to be reused, renovated, or demolished as part of a specific committed project or planned new construction project, three (3) years from the date the public school facility or other real property is identified by the division as an unused or underutilized public school facility.
    1. A school district may petition the division for a waiver of subsection (c) of this section as it applies to an unused or underutilized public school facility within the school district.
    2. The petition shall include a statement that the school district believes that a public charter school would not be interested in leasing or purchasing the unused or underutilized public school facility.
      1. If the division receives a petition under subsection (d) of this section, the division, within five (5) days after receiving the petition, shall notify each eligible entity granted a charter under the Arkansas Quality Charter Schools Act of 2013, § 6-23-101 et seq., and statewide organization representing charter schools in Arkansas by certified mail of the petition.
      2. The notice under subdivision (e)(1)(A) of this section shall include a copy of the petition.
    1. Not later than thirty (30) days after an eligible entity granted a charter under the Arkansas Quality Charter Schools Act of 2013, § 6-23-101 et seq., or statewide organization representing charter schools in Arkansas receives a notice described in subdivision (e)(1)(A) of this section, the eligible entity or statewide organization representing charter schools may submit to the division an objection in writing to the petition.
    2. An objection shall include:
      1. The name of the open-enrollment public charter school that is interested in leasing or purchasing the unused or underutilized public school facility; and
      2. A time frame, which may not exceed one (1) year from the date of the objection, in which the open-enrollment public charter school intends to begin providing classroom instruction in the unused or underutilized public school facility.
    1. If the division receives an objection that meets the requirements of subdivision (e)(3) of this section, the division shall deny the petition.
      1. If the division does not receive an objection that meets the requirements of subdivision (e)(3) of this section, the division shall grant the petition.
      2. A school district that receives a waiver under this section may sell, lease, or otherwise dispose of the unused or underutilized public school facility in accordance with §§ 6-13-103 and 6-13-620 and this subchapter.
    1. A decision by the division under this section may be appealed to the Commission for Arkansas Public School Academic Facilities and Transportation.
    2. All time frames under this section, including subsection (c) and subdivision (e)(3)(B) of this section, shall be tolled during the pendency of an appeal.
    1. The division may classify a school district that fails to comply with this section as being in academic facilities distress under § 6-21-811.
    2. The authorizer may take action under § 6-23-105 on the charter of a public charter school that fails to comply with this section.
  2. The commission may promulgate rules to implement this section.

History. Acts 2017, No. 542, § 3.

Chapter 22 Arkansas Registered Volunteers Program Act

Effective Dates. Acts 1997, No. 1012, § 12: Apr. 2, 1997. Emergency clause provided: “It is found and determined by the General Assembly that the immediate passage of this Act is necessary for the establishment of a registered volunteers program whereby local school districts can utilize the services of qualified volunteers in certain extracurricular and interscholastic activities and that any delay will cause irreparable harm to those students who will be unable to participate in extracurricular and interscholastic activities during the current school year and each year thereafter because school districts cannot afford to pay certified teachers to sponsor the activities or there are no certified teachers available to act as sponsors. Therefore, an emergency is declared to exist and this Act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2017, No. 428, § 2: Mar. 9, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there is a shortage of registered volunteers available for the public schools of this state; that under current, law members of the board of directors of a public school district and their spouses are prohibited from volunteering in the public school district in which the members of the board of directors serve; that members of the board of directors of a public school district and their spouses are members of the community of the public school district and have an interest in serving the public school district in every way possible; and that this act is immediately necessary so that public school districts can benefit from the valuable service members of the board of directors of a public school district and their spouses can bring as registered volunteers. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

6-22-101. Legislative findings and intent.

  1. The General Assembly recognizes that the effective use of volunteers in the public schools can provide greater opportunities for students to participate in school-sponsored extracurricular and interscholastic activities, which many local school districts otherwise could not provide due to funding limitations and lack of availability of licensed personnel.
  2. The General Assembly further recognizes that volunteers in the public schools should be properly screened and have effective training before they have significant unsupervised contact with students.
  3. The General Assembly intends by this chapter to provide for the establishment of a registered volunteers program in order that local school districts, students, and staff may have the advantages of services from duly qualified volunteers who, in turn, will have more incentive to offer their time and talents for the benefit of Arkansas school children.

History. Acts 1997, No. 1012, § 1; 2013, No. 1138, § 58.

Amendments. The 2013 amendment substituted “licensed personnel” for “certified personnel” in (a).

6-22-102. Title.

This chapter may be cited as the “Arkansas Registered Volunteers Program Act”.

History. Acts 1997, No. 1012, § 2.

6-22-103. Definitions.

As used in this chapter:

  1. “Extracurricular activity” means any intraschool activity that is outside the regular curriculum, including, but not limited to, sports and special interest clubs or groups;
  2. “Interscholastic activity” means any interschool activity that is outside the regular curriculum, including, but not limited to, sports and special interest clubs or groups which are subject to rules of the Arkansas Activities Association;
  3. “Registered volunteer” means any volunteer who, subject to Arkansas Activities Association rules and rules set by the local school district, is given written authorization by the school district to lead extracurricular activities or to assist a staff member who is a licensed employee of the school district in extracurricular activities or interscholastic activities; and
  4. “Volunteer” means any person who, of his or her own free will, provides services without any financial gain to any local school district.

History. Acts 1997, No. 1012, § 3; 2013, No. 1138, § 59; 2019, No. 315, § 307.

Amendments. The 2013 amendment substituted “licensed employee” for “certified employee” in (3).

The 2019 amendment substituted “rules” for “regulations” in (2); and substituted “rules and rules” for “regulations and rules” in (3).

6-22-104. Optional program — Requirements.

  1. Each local school district may develop a registered volunteers program and may accept the services of volunteers who qualify under the program to assist in extracurricular and interscholastic activities that are sponsored by the district.
  2. A school district that develops a registered volunteers program as set forth in this chapter shall:
    1. Take actions as are necessary to develop meaningful opportunities for qualified volunteers to assist in extracurricular activities and interscholastic activities;
    2. Take actions as are necessary to ensure that qualified volunteers have written job descriptions that define their duties and responsibilities;
    3. Provide for the recognition of qualified volunteers who have offered exceptional service to the school district; and
    4. Provide support for the volunteer program established under the State and Local Government Volunteers Act, § 21-13-101 et seq.
  3. A registered volunteer in an athletic program for grades seven through twelve (7-12) shall meet the requirements adopted by the Arkansas Activities Association through the Coach Education Program of the National Federation of State High School Associations.

History. Acts 1997, No. 1012, § 4; 2015, No. 788, § 1.

Amendments. The 2015 amendment deleted “development” following “program” in the section heading; and added (c).

6-22-105. Registered volunteers — Requirements.

  1. The superintendent of any school district that develops a registered volunteers program under this chapter shall require all potential registered volunteers to meet the following qualifications before the volunteers have any significant unsupervised contact with students:
    1. To authorize release of the results of a statewide and nationwide criminal records check by the Identification Bureau of the Department of Arkansas State Police that conforms to the applicable federal standards, which includes the taking of the potential volunteer's fingerprints, and which is dated not more than ninety (90) days before the date of its presentation; and
    2. To complete a minimum of six (6) hours of training conducted under the direction of the school district for nonathletic extracurricular or nonathletic interscholastic activities and a minimum of twelve (12) hours of training conducted under the direction of the school district for athletic extracurricular activities or under the direction of the Arkansas Activities Association for athletic interscholastic activities.
  2. Volunteers and registered volunteers shall be at least twenty-two (22) years of age.
    1. A volunteer or registered volunteer may not be a member of the board of directors of the school district or the spouse of a member of the board of directors of the school district in which he or she seeks to volunteer unless approved by the board of directors of the school district.
    2. The approval granted under subdivision (c)(1) of this section shall be valid for a period of one (1) calendar year.
  3. A volunteer or a registered volunteer shall not receive payment for services rendered under this chapter.

History. Acts 1997, No. 1012, § 5; 2013, No. 231, § 2; 2015, No. 788, § 2; 2017, No. 428, § 1.

A.C.R.C. Notes. The Criminal History for Volunteers Act, § 12-12-1601 et seq., may apply to this section.

Amendments. The 2013 amendment substituted “under” for “as set forth in” in the introductory paragraph; deleted former (2), and redesignated former (3) as (2) [now (a)(2)].

The 2015 amendment added (3) through (5) [now (b)-(d)].

The 2017 amendment redesignated former (c) as (c)(1); added “unless approved by the board of directors of the school district” in (c)(1); and added (c)(2).

6-22-106. Sovereign immunity.

Qualified volunteers in a registered volunteers program shall enjoy the protection of the state's sovereign immunity to the same extent as the local school district's employees.

History. Acts 1997, No. 1012, § 6.

6-22-107. Applicability.

  1. The provisions of this chapter shall apply to those schools and institutions that voluntarily join the Arkansas Activities Association.
  2. A volunteer or registered volunteer may act as a head coach in all varsity junior high sports and senior high sports administered by the Arkansas Activities Association except in the following sports:
    1. Football;
    2. Basketball; and
    3. Track and field.

History. Acts 1997, No. 1012, § 8; 2015, No. 788, § 3.

Amendments. The 2015 amendment rewrote the introductory language of (b).

6-22-108. Construction.

Except as provided specifically under this chapter, none of the provisions of this chapter prohibits a school district from utilizing the services of the volunteers who operate under the supervision of licensed school personnel.

History. Acts 1997, No. 1012, § 8; 2013, No. 1138, § 60; 2015, No. 788, § 4.

Amendments. The 2013 amendment substituted “licensed school personnel” for “certified school personnel”.

The 2015 amendment added the exception at the beginning.

Chapter 23 Arkansas Quality Charter Schools Act of 2013

Subchapter 1 — General Provisions

Effective Dates. Acts 2003 (2nd Ex. Sess.), No. 22, § 3: Dec. 31, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court in Lake View District No. 25 v. Huckabee, 351 Ark 31 (2002) declared the existing system of education to be unconstitutional because it is both inequitable and inadequate; that this act assists the Arkansas School for Mathematics, Sciences, and the Arts to be eligible for federal grants, and allows the school the flexibility to become a charter school; and that this act is immediately necessary to assist the Arkansas School for Mathematics, Sciences, and the Arts. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 993, § 18: Apr. 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public charter schools; and that this act is immediately necessary so that the affected public charter schools will receive the amount of funding provided under this act for the current school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-23-101. Title.

This chapter shall be known and cited as the “Arkansas Quality Charter Schools Act of 2013”.

History. Acts 1999, No. 890, § 1; 2013, No. 509, § 1.

Amendments. The 2013 amendment substituted “‘Arkansas Quality Charter Schools Act of 2013’” for “‘Arkansas Charter Schools Act of 1999’”.

6-23-102. Legislative intent.

It is the intent of the General Assembly, by this chapter, to provide opportunities for teachers, parents, pupils, and community members to establish and maintain public schools that operate independently from the existing structure of local school districts as a method to accomplish the following:

  1. Improve student learning;
  2. Increase learning opportunities for all students, with special emphasis on expanded learning experiences for students who are identified as low-achieving;
  3. Encourage the use of different and innovative teaching methods;
  4. Create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site;
  5. Provide parents and pupils with expanded choices in the types of educational opportunities that are available within the public school system; and
  6. Hold the schools established under this chapter accountable for meeting measurable student achievement standards.

History. Acts 1999, No. 890, § 2.

6-23-103. Definitions.

As used in this chapter:

  1. “Adult education charter school” means a charter school for individuals at least nineteen (19) years of age that offers a high school diploma program and an industry certification program simultaneously to students;
  2. “Application” means the proposal for obtaining conversion public charter school status or open-enrollment public charter school status;
  3. “Authorizer” means an entity that authorizes a charter, which may be either the:
    1. Division of Elementary and Secondary Education; or
    2. State Board of Education acting under § 6-23-703;
  4. “Charter” means a performance-based contract for an initial five-year period between the authorizer and an approved applicant for public charter school status that exempts the public charter school from state and local rules, regulations, policies, and procedures specified in the contract and from the provisions of this title specified in the contract;
  5. “Conversion public charter school” means a public school that has converted to operating under the terms of a charter approved by the local school district board of directors and the authorizer;
  6. “Eligible entity” means:
    1. A public institution of higher education;
    2. A private nonsectarian institution of higher education;
    3. A governmental entity; or
    4. An organization that:
      1. Is nonsectarian in its program, admissions policies, employment practices, and operations; and
      2. Has applied for tax-exempt status under the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3);
  7. “Founding member” means any individual who is either:
    1. A member or an employee of the eligible entity applying for the initial charter for an open-enrollment public charter school; or
    2. A member of the initial governing nonadvisory board of the open-enrollment public charter school;
  8. “Local school board” means a board of directors exercising the control and management of a public school district;
    1. “Open-enrollment public charter school” means a public school that:
      1. Is operating under the terms of a charter granted by the authorizer on the application of an eligible entity;
      2. May draw its students from any public school district in this state; and
      3. Is a local educational agency under the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301 et seq., as it existed on April 10, 2009.
    2. “Open-enrollment public charter school” also possesses the same meaning as given the term “charter school” in the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 7221i, as it existed on April 10, 2009;
  9. “Parent” means any parent, legal guardian, or other person having custody or charge of a school-age child;
  10. “Public charter school” means a conversion public charter school or an open-enrollment public charter school; and
  11. “Public school” means a school that is part of a public school district under the control and management of a local school district board of directors.

History. Acts 1999, No. 890, § 3; 2003 (2nd Ex. Sess.), No. 22, § 2; 2005, No. 2005, § 2; 2007, No. 736, § 1; 2009, No. 1469, § 18; 2013, No. 509, § 2; 2015, No. 1200, § 1; 2017, No. 933, §§ 1-3; 2019, No. 910, § 1733.

Amendments. The 2009 amendment rewrote (8).

The 2013 amendment inserted the definition of “Authorizer” and redesignated the remaining subdivisions accordingly; substituted “authorizer” for “State Board of Education” in (3) [now (4)]; and substituted “authorizer” for “state board” in (4), (7) and (9)(A)(i) [now (5) and (9)(A)(i)].

The 2015 amendment added the definition of “Adult education charter school”.

The 2017 amendment deleted “or limited public charter school status” at the end of (2); repealed former (8); and deleted “or a limited public charter school” at the end of (13) [now (12)].

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (3)(A).

6-23-104. Charter form for public charter schools — Requirements — Revision.

  1. A charter for a public charter school shall:
    1. Be in the form of a written contract signed by the Commissioner of Education and the chief operating officer of the public charter school;
    2. Satisfy the requirements of this chapter; and
    3. Ensure that the information required under § 6-23-404 is consistent with the information provided in the application and any modification that the authorizer may require.
  2. Any revision or amendment of the charter for a public charter school may be made only with the approval of the authorizer.

History. Acts 1999, No. 890, § 10; 2007, No. 736, § 2; 2009, No. 1469, § 19; 2013, No. 509, § 2.

Amendments. The 2009 amendment substituted “Chair of the State Board of Education” for “Commissioner of Education” in (a)(1).

The 2013 amendment substituted “Commissioner” for “Chair of the State Board” in (a)(1); substituted “authorizer” for “State Board of Education” in (a)(3); and “authorizer” for “state board” in (b).

6-23-105. Basis and procedure for public charter school probation or charter modification, revocation, or denial of renewal.

    1. The authorizer may place a public charter school on probation or may modify, revoke, transfer, assign, or deny renewal of its charter if the authorizer determines that the persons operating the public charter school:
      1. Committed a material violation of the charter, including failure to satisfy accountability provisions prescribed by the charter;
      2. Failed to satisfy generally accepted accounting standards of fiscal management;
      3. Failed to comply with this chapter or other applicable law or rule; or
      4. Failed to meet academic or fiscal performance criteria deemed appropriate and relevant for the public charter school by the authorizer.
    2. The charter authorizer may allow the voluntary assignment of a public charter school upon petition by the public charter school to the charter authorizer.
      1. If the authorizer transfers or assigns the charter of a public charter school to an eligible entity under subdivision (a)(1) of this section, the authorizer shall not hold the applicant responsible for any activity that occurred before the transfer or assignment, which includes without limitation any disciplinary action taken by the authorizer.
      2. After the authorizer transfers or assigns a charter to an eligible entity under subdivision (a)(1) of this section, the authorizer shall:
        1. Issue a new local education agency number as required under § 25-6-107; and
        2. Not issue an annual report as required under § 6-15-2101 until the eligible entity to which the charter was transferred has completed at least one (1) school year.
  1. Any action the authorizer may take under this section shall be based on the best interests of the public charter school's students, the severity of the violation, and any previous violation the public charter school may have committed.
  2. The authorizer shall adopt a procedure to be used for placing a public charter school on probation or modifying, revoking, transferring, assigning, or denying renewal of the school's charter.
    1. The procedure adopted under this section shall provide an opportunity for a hearing to the persons operating the public charter school.
      1. The hearing shall be held at the Division of Elementary and Secondary Education.
      2. The authorizer shall provide sufficient written notice of the time and location of the hearing.
    2. There is no further right of appeal beyond the determination of the authorizer.
    3. The Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall not apply to a hearing concerning a public charter school.
      1. Immediately upon the revocation, transfer, or assignment of an open-enrollment charter by the authorizer, an open-enrollment charter school shall:
        1. Transfer to the division all state funds held by the public charter school, which the division shall hold in receivership; and
        2. Provide to the division a detailed accounting of all accounts payable due from the state funds and any additional information or records requested by the division concerning the disbursement of the state funds.
      2. The division shall hold funds received under subdivision (e)(1)(A) of this section in a separate fund and shall expend the funds only with prior approval of the Commissioner of Elementary and Secondary Education.
      3. If the State Board of Education reverses the revocation, transfer, or assignment, the division shall return any funds remaining in receivership to the public charter school.
      1. The division shall establish a procedure for a claimant to file a claim for disbursement from the state funds.
      2. The determination of the division concerning the disbursement of the state funds is final and may not be appealed.
    1. If funds remain in receivership for which no legitimate, documented claim has been made to the division within one (1) calendar year after the revocation, the remaining funds shall be transferred to the Public School Fund.
    2. The state board may promulgate rules to implement this subsection.

History. Acts 1999, No. 890, § 11; 2005, No. 2005, § 3; 2007, No. 736, § 3; 2009, No. 1469, § 23; 2013, No. 509, § 2; 2017, No. 933, § 4; 2019, No. 315, § 308; 2019, No. 757, § 54; 2019, No. 761, §§ 1-3; 2019, No. 910, §§ 1734, 1735.

Amendments. The 2009 amendment deleted “and to the parents of students enrolled in the public charter school” at the end of (d)(1).

The 2013 amendment substituted “authorizer” for “State Board of Education” and “state board” throughout the section; and rewrote (d)(2)(A).

The 2017 amendment added (e).

The 2019 amendment by No. 315 substituted “rule” for “regulation” in (a)(3) [now (a)(1)(C)].

The 2019 amendment by No. 757 substituted “an open-enrollment charter by” for “a charter by” in the introductory language of (e)(1)(A).

The 2019 amendment by No. 761 redesignated the former introductory language of (a) as (a)(1), and former (a)(1) through (a)(4) as (a)(1)(A) through (a)(1)(D); inserted “transfer, assign” in (a)(1); added (a)(2) and (a)(3); inserted “transferring, assigning” in (c); and inserted “transfer, or assignment” in the introductory language of (e)(1)(A) and in (e)(1)(C).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (d)(2)(A); substituted “division” for “department” throughout (e); and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (e)(1)(B).

6-23-106. Impact on school desegregation efforts.

  1. The applicants for a public charter school, the local school district board of directors for the district in which a proposed public charter school would be located, and the authorizer shall carefully review the potential impact of an application for a public charter school on the efforts of a public school district or public school districts to comply with court orders and statutory obligations to create and maintain a unitary system of desegregated public schools.
  2. The authorizer shall attempt to measure the likely impact of a proposed public charter school on the efforts of public school districts to achieve and maintain a unitary system.
  3. The authorizer shall not approve any public charter school under this chapter or any other act or any combination of acts that hampers, delays, or in any manner negatively affects the desegregation efforts of a public school district or public school districts in this state.

History. Acts 1999, No. 890, § 15; 2005, No. 2005, § 4; 2007, No. 736, § 4; 2013, No. 509, § 2.

Amendments. The 2013 amendment, in (a), substituted “the local school board for the district” for “local school board” and “authorizer” for “State Board of Education”; and substituted “authorizer” for “state board” in (b) and (c).

6-23-107. Reporting requirements.

  1. Within ten (10) calendar days of the close of the first quarter of each school year, a public charter school shall submit a written report to the Division of Elementary and Secondary Education that contains the following information for the current school year:
    1. The number of applications for enrollment received;
    2. The number of applicants with a disability identified under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.; and
    3. The number of applications for enrollment the public charter school denied and an explanation of the reason for each denial.
  2. Within ten (10) calendar days of the close of the fourth quarter of each school year, a public charter school shall submit a written report to the division that contains the following information for the current school year:
    1. The number of students in each of the following categories:
      1. Students who dropped out of the public charter school during the school year;
      2. Students who were expelled during the school year by the public charter school; and
      3. Students who were enrolled in the public charter school but for a reason other than those cited in subdivisions (b)(1)(A) and (B) of this section did not complete the school year at the public charter school; and
      1. For all students enrolled in the public charter school, the scores for assessments required under the Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.
      2. If there is any discrepancy in the number of students for whom scores are reported under this subdivision (b)(2) and the number of students enrolled at the beginning of the school year, the public charter school shall explain in the report the reason for the discrepancy.
  3. The division shall not exempt a public charter school from the reporting required under this section.
  4. The division shall publish a copy of each report on the division's website.
  5. If a public charter school fails to comply with this section, the division shall note the failure in the annual evaluation of the public charter school.

History. Acts 2011, No. 993, § 3; 2017, No. 936, § 54; 2019, No. 910, § 1736.

Amendments. The 2017 amendment substituted “Arkansas Educational Support and Accountability Act, § 6-15-2901 et seq.” for “Arkansas Comprehensive Testing, Assessment, and Accountability Program Act, § 6-15-401 et seq., including without limitation benchmark assessments and end-of-course assessments” in (b)(2)(A).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (a); and substituted “division” for “department” throughout the section.

6-23-108. School for Agricultural Studies.

  1. The authorizer may designate a public charter school as a “School for Agricultural Studies”.
  2. To be designated as a “School for Agricultural Studies”, the applicant must include in its original application or charter amendment request:
    1. A request to be designated as a “School for Agricultural Studies”;
    2. The school's agricultural studies plan, which shall include without limitation:
      1. The type of agricultural industry in the school's local region;
      2. How the school will address the needs of that industry and the state's agricultural-based economy; and
      3. Anticipated support from the agricultural industry; and
    3. A written review of the agricultural studies plan from the Division of Career and Technical Education.
    1. A School for Agricultural Studies may petition the State Board of Education for creation of a new school district by detachment under § 6-13-1501 et seq. if the School for Agricultural Studies meets the conditions of this subsection.
    2. To be eligible to petition for detachment, the school shall:
      1. Complete three (3) academic years serving students as a School for Agricultural Studies;
      2. Not currently be classified in need of Level 5 — Intensive support, fiscal distress, or facilities distress;
      3. Not be in probationary status for violation of the Standards for Accreditation of Arkansas Public Schools and School Districts; and
      4. Show evidence that the school is meeting its stated goals.
    3. A School for Agricultural Studies:
      1. Is exempt from the minimum student enrollment and square mileage requirements under § 6-13-1501(a)(2) and § 6-13-1502; and
      2. Shall not be approved to create a new school district by detachment with fewer than three hundred fifty (350) students as determined by a feasibility study included with the petition.
    1. Nothing in this section prohibits a public charter school from offering agricultural programming without the designation as a “School for Agricultural Studies”.
    2. A public charter school shall not refer to itself as a “School for Agricultural Studies” unless it is designated as a “School for Agricultural Studies” under this section.

History. Acts 2017, No. 742, § 2; 2019, No. 757, § 55; 2019, No. 910, § 1737.

Amendments. The 2019 amendment by No. 757 substituted “in need of Level 5 – Intensive support” for “in academic distress” in (c)(2)(B).

The 2019 amendment by No. 910 substituted “Division of Career and Technical Education” for “Department of Career Education” in (b)(3).

Subchapter 2 — Conversion Public Charter Schools

Effective Dates. Acts 2001, No. 1311, § 10: Apr. 5, 2001. Emergency clause provided: “It is found and determined by the General Assembly that the current funding requirements for charter schools need immediate revisions; that it is necessary to have the funding before the beginning of the fiscal year; that the notice requirements and other changes could cause confusions and delay for citizens petitioning for a charter school during the third application cycle if there is delay enacting legislation; and that proper notice of petition requirements and funding changes are immediately necessary. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-23-201. Application for conversion public charter school status.

    1. Any public school district may apply to the authorizer for conversion public charter school status for a public school in the public school district in accordance with a schedule approved by the authorizer.
    2. A public school district's application for conversion public charter school status for the public school may include, but shall not be limited to, the following purposes:
      1. Adopting research-based school or instructional designs, or both, that focus on improving student and school performance;
      2. Addressing school improvement status resulting from sanctions listed in § 6-15-207(c)(8) and § 6-15-429(a) and (b) [repealed]; or
      3. Partnering with other public school districts or public schools to address students' needs in a geographical location or multiple locations.
  1. Such application shall:
      1. Describe the results of a public hearing called by the local school district board of directors for the purpose of assessing support of an application for conversion public charter school status.
      2. Notice of the public hearing shall be:
        1. Distributed to the community, licensed personnel, and the parents of all students enrolled at the public school for which the public school district initiated the application; and
        2. Published in a newspaper having general circulation in the public school district at least three (3) weeks before the date of the meeting;
    1. Describe a plan for school improvement that addresses how the conversion public charter school will improve student learning and meet the state education goals;
    2. Outline proposed performance criteria that will be used during the initial five-year period of the charter to measure the progress of the conversion public charter school in improving student learning and meeting or exceeding the state education goals;
    3. Describe how the licensed employees and parents of students to be enrolled in the conversion public charter school will be involved in developing and implementing the school improvement plan and identifying performance criteria;
    4. Describe how the concerns of licensed employees and parents of students enrolled in the conversion public charter school will be solicited and addressed in evaluating the effectiveness of the improvement plan; and
    5. List the specific provisions of this title and the specific rules promulgated by the State Board of Education from which the conversion public charter school will be exempt.
    1. A licensed teacher employed by a public school in the school year immediately preceding the effective date of a charter for a public school conversion within that public school district may not be transferred to or be employed by the conversion public charter school over the licensed teacher's objection, nor shall that objection be used as a basis to deny continuing employment within the public school district in another public school at a similar grade level.
    2. If the transfer of a teacher within the public school district is not possible because only one (1) public school exists for that teacher's licensure level, then the local school district board of directors shall call for a vote of the licensed teachers in the proposed conversion public charter school site and proceed, at the option of the local school board of directors, with the conversion public charter school application if a majority of the licensed teachers approve the proposal.

History. Acts 1999, No. 890, § 4; 2001, No. 1311, § 1; 2005, No. 2005, § 5; 2007, No. 736, § 5; 2013, No. 509, § 3; 2013, No. 1138, §§ 61, 62; 2019, No. 315, § 309.

Amendments. The 2013 amendment by No. 509, in (a)(1), substituted “authorizer” for “State Board of Education” and substituted “authorizer” for “state board”.

The 2013 amendment by No. 1138 substituted “licensed” for “certified” throughout section.

The 2019 amendment deleted “and regulations” following “rules” in (b)(6).

6-23-202. Authorization for conversion public charter school status.

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

  1. Provides a plan for improvement at the school level for improving student learning and for meeting or exceeding the state education goals;
  2. Includes a set of performance-based objectives and student achievement objectives for the term of the charter and the means for measuring those objectives on at least a yearly basis;
  3. Includes a proposal to directly and substantially involve the parents of students to be enrolled in the conversion public charter school, as well as the licensed employees and the broader community, in the process of carrying out the terms of the charter; and
  4. Includes an agreement to provide a yearly report to parents, the community, the local school district board of directors, and the authorizer that indicates the progress made by the conversion public charter school in meeting the performance objectives during the previous year.

History. Acts 1999, No. 890, § 4; 2007, No. 736, § 6; 2013, No. 509, § 4; 2013, No. 1138, § 63.

Amendments. The 2013 amendment by No. 509 substituted “authorizer” for “State Board of Education” in the introductory language; and substituted “authorizer” for “state board” in (4).

The 2013 amendment by No. 1138 substituted “licensed employees” for “certified employees” in (3).

6-23-203. Notice of disapproval — Technical assistance to conversion public charter school applicants.

  1. If the authorizer disapproves an application for a conversion public charter school, the authorizer shall notify the applicant in writing of the reasons for the disapproval.
  2. The Division of Elementary and Secondary Education may provide technical assistance to the conversion public charter school applicants in the:
    1. Creation of its application; and
    2. Modification of its application as directed by the authorizer.

History. Acts 1999, No. 890, § 4; 2007, No. 736, § 7; 2013, No. 509, § 4; 2015, No. 846, § 29; 2019, No. 910, § 1738.

Amendments. The 2013 amendment, in (a), substituted “authorizer” for “State Board of Education” and “authorizer” for “state board”.

The 2015 amendment rewrote the section.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b).

6-23-204. Charter renewal.

The authorizer may renew charters of conversion public charter schools on a one-year or multiyear basis, not to exceed five (5) years, after the initial five-year period if the renewal is approved by the local school district board of directors.

History. Acts 1999, No. 890, § 4; 2005, No. 2005, § 6; 2007, No. 736, § 8; 2013, No. 509, § 4.

Amendments. The 2013 amendment substituted “authorizer may” for “State Board of Education is authorized to”.

6-23-205. Teacher hires when charter revoked.

If a licensed teacher employed by a public school district in the school year immediately preceding the effective date of the charter is employed by a conversion public charter school and the charter is revoked, the licensed teacher will receive a priority in hiring for the first available position for which the licensed teacher is qualified in the public school district where the licensed teacher was formerly employed.

History. Acts 1999, No. 890, § 4; 2007, No. 736, § 9; 2013, No. 1138, § 64.

Amendments. The 2013 amendment substituted “licensed teacher” for “certified teacher” throughout the section.

6-23-206. Rules.

The State Board of Education is authorized and directed to establish rules for conversion public charter schools.

History. Acts 1999, No. 890, § 4; 2007, No. 736, § 10; 2019, No. 315, § 310.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in the section heading and in the section.

6-23-207. [Repealed.]

A.C.R.C. Notes. The repeal of this section by Acts 2007, No. 1573, § 62, superseded the amendment of this section by Acts 2007, No. 736, § 11. The amendment by Acts 2007, No. 736, § 11, clarified references to programs and committees in the section.

Publisher's Notes. This section, concerning the State Board of Education status report, was repealed by Acts 2007, No. 1573, § 62. The section was derived from Acts 1999, No. 890, § 4.

Subchapter 3 — Open-Enrollment Public Charter Schools

Effective Dates. Acts 2001, No. 463, § 2: Feb. 28, 2001. Emergency clause provided: “It is found and determined by the General Assembly that current charter school enrollment requirements do not allow charter schools located in districts under court ordered desegregation to select students in a manner necessary for compliance with the court order; that desegregation efforts could be hampered; and this act is immediately necessary to facilitate compliance. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 1311, § 10: Apr. 5, 2001. Emergency clause provided: “It is found and determined by the General Assembly that the current funding requirements for charter schools need immediate revisions; that it is necessary to have the funding before the beginning of the fiscal year; that the notice requirements and other changes could cause confusions and delay for citizens petitioning for a charter school during the third application cycle if there is delay enacting legislation; and that proper notice of petition requirements and funding changes are immediately necessary. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 993, § 18: Apr. 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public charter schools; and that this act is immediately necessary so that the affected public charter schools will receive the amount of funding provided under this act for the current school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-23-301. Application forms and procedures for open-enrollment public charter schools.

  1. The authorizer shall adopt:
    1. An application form, a schedule, and a procedure that must be used to apply for a charter for an open-enrollment public charter school; and
    2. Criteria to use in selecting a program for which a charter may be granted.
  2. The application form must provide space for including all information required under this chapter to be contained in the charter.

History. Acts 1999, No. 890, § 8; 2007, No. 736, § 12; 2011, No. 993, § 4; 2013, No. 509, § 5.

Amendments. The 2011 amendment deleted (c).

The 2013 amendment substituted “authorizer” for “State Board of Education” in the introductory language.

6-23-302. Application for open-enrollment public charter school.

  1. Pursuant to the provisions of this chapter, an eligible entity may apply to the authorizer to grant a charter for an open-enrollment public charter school to operate in a facility of a commercial or nonprofit entity or a public school district.
  2. The application to the authorizer for an open-enrollment public charter school shall be made in accordance with a schedule approved by the authorizer.
  3. The application shall:
      1. Describe the results of a public hearing called by the applicant for the purpose of assessing support for an application for an open-enrollment public charter school.
        1. Notice of the public hearing shall be published one (1) time a week for three (3) consecutive weeks in a newspaper having general circulation in the public school district in which the open-enrollment public charter school is likely to be located.
        2. The last publication of notice shall be no less than seven (7) days before the public meeting.
        3. The notice shall not be published in the classified or legal notice section of the newspaper.
        1. Within seven (7) calendar days following the first publication of notice required under subdivision (c)(1)(B) of this section, letters announcing the public hearing shall be sent to the superintendent of each of the public school districts from which the open-enrollment public charter school is likely to draw students for the purpose of enrollment and the superintendent of any public school district that is contiguous to the public school district in which the open-enrollment public charter school will be located.
        2. An affected school district may submit written comments concerning the application to the authorizer to be considered at the time of the authorizer's review of the application;
    1. Describe a plan for academic achievement that addresses how the open-enrollment public charter school will improve student learning and meet the state education goals;
    2. Outline the proposed performance criteria that will be used during the initial five-year period of the open-enrollment public charter school operation to measure its progress in improving student learning and meeting or exceeding the state education goals;
    3. List the specific provisions of this title and the specific rules promulgated by the State Board of Education from which the open-enrollment public charter school seeks to be exempted;
      1. Describe in general terms the area within the boundaries of the school district where the applicant intends to obtain a facility to be used for the open-enrollment public charter school.
      2. If the facility to be used for an open-enrollment public charter school is a public school district facility, the open-enrollment public charter school must operate in the facility in accordance with the terms established by the local school district board of directors of the public school district in an agreement governing the relationship between the open-enrollment public charter school and the public school district.
      3. If the facility that will be used for the open-enrollment public charter school is owned by or leased from a sectarian organization, the terms of the facility agreement must be disclosed to the authorizer; and
    4. Include a detailed budget and a governance plan for the operation of the open-enrollment public charter school.
      1. The application may be reviewed and approved by the local school district board of directors of the public school district in which the proposed open-enrollment public charter school will operate.
      2. The applicant may submit to the authorizer for expedited review an application approved by the local school district board of directors under subdivision (d)(1)(A) of this section.
      1. However, if the local school district board of directors disapproves the application, the applicant shall have an immediate right to proceed with a written notice of appeal to the authorizer.
      2. The authorizer shall hold a hearing within forty-five (45) calendar days after receipt of the notice of appeal or a request for review.
      3. All interested parties may appear at the hearing and present relevant information regarding the application.
  4. A licensed teacher employed by a public school district in the school year immediately preceding the effective date of a charter for an open-enrollment public charter school operated at a public school facility may not be transferred to or be employed by the open-enrollment public charter school over the licensed teacher's objections.

History. Acts 1999, No. 890, § 5; 2001, No. 1311, § 2; 2005, No. 2005, § 7; 2007, No. 736, § 13; 2009, No. 1469, § 20; 2011, No. 993, § 5; 2013, No. 509, §§ 6-9; 2017, No. 933, § 5; 2019, No. 315, § 311.

Amendments. The 2009 amendment rewrote (c)(1)(C).

The 2011 amendment substituted “be located” for “draw students for the purpose of enrollment” at the end of (c)(1)(B)(i); deleted former (c)(1)(B)(iv); deleted “and the facility's use for the immediately preceding three (3) years” following “current use” in (c)(5)(A); added (d)(1)(B); substituted “may be” for “shall be first” in (d)(1)(A); added “or a request for review” at the end of (d)(2)(B); and substituted “licensed” for “certified” in (e).

The 2013 amendment substituted “authorizer” for “State Board of Education” in (a); substituted “authorizer” for “state board” or variations thereof throughout the section; and substituted “before” for “prior to” in (c)(1)(B)(ii).

The 2017 amendment rewrote (c)(5)(A).

The 2019 amendment deleted “and regulations” following “rules” in (c)(4).

6-23-303. Authorization for an open-enrollment public charter school.

As requested by the applicant for an open-enrollment public charter school, the authorizer shall review the application for an open-enrollment public charter school and may approve any application that:

  1. Provides a plan for academic achievement that addresses how the open-enrollment public charter school proposes to improve student learning and meet the state education goals;
  2. Includes a set of performance criteria that will be used during the initial five-year period of the open-enrollment public charter school's operation to measure its progress in meeting its academic performance goals;
  3. Includes a proposal to directly and substantially involve the parents of students to be enrolled in the open-enrollment public charter school, the licensed employees, and the broader community in carrying out the terms of the open-enrollment charter;
  4. Includes an agreement to provide an annual report to parents, the community, and the authorizer that demonstrates the progress made by the open-enrollment public charter school during the previous academic year in meeting its academic performance objectives;
  5. Includes a detailed budget, a business plan, and a governance plan for the operation of the open-enrollment public charter school; and
  6. Establishes the eligible entity's status as a tax-exempt organization under § 501(c)(3) of the Internal Revenue Code of 1986 before the first day of its operation with students.

History. Acts 1999, No. 890, § 5; 2007, No. 736, § 14; 2013, No. 509, § 10; 2013, No. 1138, § 65.

Amendments. The 2013 amendment by No 509 substituted “authorizer” for “State Board of Education” in the introductory language; and substituted “authorizer” for “state board” in (4).

The 2013 amendment by No. 1138 substituted “licensed employees” for “certified employees” in (a).

6-23-304. Requirements — Preference for certain districts.

  1. The authorizer may approve or deny an application based on:
    1. Criteria provided by law or by rule adopted by the State Board of Education;
    2. Findings of the authorizer relating to improving student performance and encouraging innovative programs; and
    3. Written findings or statements received by the authorizer from any public school district likely to be affected by the open-enrollment public charter school.
  2. The authorizer shall give preference in approving an application for an open-enrollment public charter school to be located in any public school district:
    1. When the percentage of students who qualify for free or reduced-price lunches is above the average for the state;
    2. When the district has been classified by the state board as in need of Level 5 — Intensive support under § 6-15-2915; or
    3. When the district has been classified by the Division of Elementary and Secondary Education as in some phase of fiscal distress under the Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq., if the fiscal distress status is a result of administrative fiscal mismanagement, as determined by the state board.
      1. The division, the state board, or a combination of the division and state board may grant no more than a total of twenty-four (24) charters for open-enrollment public charter schools except as provided under subdivision (c)(1)(B) of this section.
      2. If the cap on the number of charters available for an open-enrollment public charter school is within two (2) charters of meeting any existing limitation or cap on available open-enrollment charters, the number of available charters shall automatically increase by five (5) slots more than the most recent existing limitation or cap on open-enrollment charters.
      3. By March 1 each year, the division shall issue a commissioner's memo stating the existing limitation on the number of charters available for open-enrollment public charter schools and the number of charters available for open-enrollment public charter schools during the next application cycle.
    1. An open-enrollment public charter applicant's school campus shall be limited to a single open-enrollment public charter school per charter except as allowed in subsection (d) of this section.
    2. An open-enrollment public charter school shall not open in the service area of a public school district administratively reorganized under the Public Education Reorganization Act, § 6-13-1601 et seq., until after the third year of the administrative reorganization.
    3. A private or parochial elementary or secondary school shall not be eligible for open-enrollment public charter school status.
  3. A charter applicant that receives an approved open-enrollment public charter may petition the authorizer for additional licenses to establish an open-enrollment public charter school in any of the various congressional districts in Arkansas if the applicant meets the following conditions:
    1. The approved open-enrollment public charter applicant has demonstrated academic success as defined by the state board for all public schools;
    2. The approved open-enrollment public charter applicant has not:
      1. Been subject to any disciplinary action by the authorizer;
      2. Been classified as in need of Level 5 — Intensive support or fiscal distress; and
      3. Had its open-enrollment public charter placed on charter school probation or suspended or revoked under § 6-23-105; and
    3. The authorizer determines in writing by majority of a quorum present that the open-enrollment public charter applicant has generally established the educational program results and criteria set forth in this subsection.

History. Acts 1999, No. 890, §§ 5, 8, 13; 2001, No. 1311, § 3; 2005, No. 2005, § 8; 2007, No. 736, § 15; 2007, No. 827, § 117; 2009, No. 376, § 46; 2011, No. 987, § 1; 2011, No. 993, § 6; 2013, No. 509, § 10; 2019, No. 757, §§ 56, 57; 2019, No. 910, §§ 1739-1741.

Amendments. The 2009 amendment inserted (c)(4); deleted former (d), and redesignated the remaining subdivisions accordingly; substituted “(d)(3)” for “(c)(6)” in (c)(2) and (d)((3)(C); and made minor stylistic changes.

The 2011 amendment by No. 987, in (c)(1)(A), added “Beginning with the 2011-2012 school year” at the beginning and inserted “except as provided under subdivision (c)(1)(B) of this section”; and added (c)(1)(B) and (C).

The 2011 amendment by No. 993 rewrote (d).

The 2013 amendment substituted “authorizer” for “State Board of Education” and “state board” throughout; rewrote (c)(1)(A); substituted “(d)” for “(d)(3)” in (c)(2); and rewrote (d).

The 2019 amendment by No. 757 substituted “in need of Level 5 – Intensive support under § 6-15-2915” for “in academic distress under § 6-15-428 [repealed]” in (b)(2); deleted “some phase of school improvement status under § 6-15-426 [repealed] or” following “as in” in (b)(3); and substituted “in need of Level 5 – Intensive support” for “in academic” in (d)(2)(B).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(3); and substituted “division” for “department” in (c)(1)(A) twice and in (c)(1)(C).

6-23-305. Notice of disapproval — Technical assistance to applicant for open-enrollment public charter school.

  1. If the authorizer disapproves an application for an open-enrollment public charter school, the authorizer shall notify the applicant in writing of the reasons for such disapproval.
  2. The Division of Elementary and Secondary Education may provide technical assistance to the applicant for an open-enrollment public charter school in the:
    1. Creation of its application; and
    2. Modification of its application as directed by the authorizer.

History. Acts 1999, No. 890, § 5; 2007, No. 736, § 16; 2013, No. 509, § 10; 2015, No. 846, § 30; 2019, No. 910, § 1742.

Amendments. The 2013 amendment substituted “authorizer” for “State Board of Education” in (a); and substituted “authorizer” for “state board” in (b) and (c).

The 2015 amendment deleted former (b); and redesignated and rewrote former (c) as (b).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b).

6-23-306. Contents of open-enrollment public charters.

An open-enrollment public charter granted under this subchapter shall:

  1. Describe the educational program to be offered;
  2. Specify the period for which the open-enrollment public charter or any renewal is valid;
  3. Provide that the continuation or renewal of the open-enrollment public charter is contingent on acceptable student performance on assessment instruments adopted by the State Board of Education and on compliance with any accountability provision specified by the open-enrollment public charter, by a deadline, or at intervals specified by the open-enrollment public charter;
  4. Establish the level of student performance that is considered acceptable for purposes of subdivision (3) of this section;
  5. Specify any basis, in addition to a basis specified by this chapter, on which the open-enrollment public charter school may be placed on probation or its charter is revoked or on which renewal of the open-enrollment public charter may be denied;
  6. Prohibit discrimination in admissions policy on the basis of gender, national origin, race, ethnicity, religion, disability, or academic or athletic eligibility, except as follows:
    1. The open-enrollment public charter school may adopt admissions policies that are consistent with federal law, regulations, or guidelines applicable to charter schools;
    2. The open-enrollment public charter school may allow a weighted lottery to be used in the student selection process when necessary to comply with Title VI of the federal Civil Rights Act of 1964, Title IX of the federal Education Amendments of 1972, the equal protection clause of the Fourteenth Amendment to the United States Constitution, a court order, or a federal or state law requiring desegregation; and
    3. The open-enrollment public charter may provide for the exclusion of a student who has been expelled from another public school district in the same manner as a board of directors of a public school district under § 6-18-510;
  7. Specify the grade levels to be offered;
  8. Describe the governing structure of the program;
  9. Specify the qualifications to be met by professional employees of the program;
  10. Describe the process by which the persons providing the program will adopt an annual budget;
  11. Describe the manner in which the annual audit of the financial and programmatic operations of the program is to be conducted, including the manner in which the persons providing the program will provide information necessary for the public school district in which the program is located to participate;
  12. Describe the facilities to be used, including the terms of the facility utilization agreement if the facility for the open-enrollment public charter school is owned or leased from a sectarian organization;
  13. Describe the geographical area, public school district, or school attendance area to be served by the program;
    1. Specify methods for applying for admission, enrollment criteria, and student recruitment and selection processes.
        1. Except as provided in subdivision (14)(C) of this section, if more eligible students apply for a first-time admission than the open-enrollment public charter school is able to accept by the annual deadline that the open-enrollment public charter school has established for the receipt of applications for the next school year, the open-enrollment public charter must require the open-enrollment public charter school to use a random, anonymous student selection method that shall be described in the charter application.
          1. If there are still more applications for admissions than the open-enrollment public charter school is able to accept after the completion of the random, anonymous student selection method, then the open-enrollment public charter school shall place the applicants on a waiting list for admission.
          2. The waiting list is valid until the next time the open-enrollment public charter school is required to conduct a random, anonymous student selection.
      1. However, an open-enrollment public charter school may allow a preference for:
          1. Children of the founding members and children of full-time employees and teachers of the eligible entity.
          2. The number of enrollment preferences granted to children of founding members and children of full-time employees and teachers shall not exceed ten percent (10%) of the total number of students enrolled in the open-enrollment public charter school; and
        1. Siblings of students currently enrolled in the open-enrollment public charter school.
    2. The open-enrollment public charter may use a weighted lottery in the student selection process only when necessary to comply with a:
      1. Federal court order; or
      2. Federal administrative order issued by an appropriate federal agency having proper authority to enforce remedial measures necessary to comply with Title VI of the federal Civil Rights Act of 1964, Title IX of the federal Education Amendments of 1972, or the equal protection clause of the Fourteenth Amendment to the United States Constitution; and
  14. Include a statement that the eligible entity will not discriminate on the basis of race, sex, national origin, ethnicity, religion, age, or disability in employment decisions, including hiring and retention of administrators, teachers, and other employees whose salaries or benefits are derived from any public moneys.

History. Acts 1999, No. 890, § 9; 2001, No. 463, § 1; 2007, No. 736, § 17; 2009, No. 1469, § 21; 2011, No. 993, § 7; 2017, No. 933, § 6; 2017, No. 990, § 1.

Amendments. The 2009 amendment rewrote (6).

The 2011 amendment added (14)(B)(i) (b) ; inserted “by the annual deadline that the open-enrollment public charter school has established for the receipt of applications for the next school year” in (14)(B)(i) (a) ; and rewrote (14)(C).

The 2017 amendment by No. 933 inserted “and children of full-time employees and teachers” in (14)(B)(ii) (a)(1) and (14)(B)(ii) (a)(2)

The 2017 amendment by No. 990 substituted “in the same manner as a board of directors of a public school district under § 6-18-510” for “in accordance with this title” in (6)(C).

U.S. Code. Title VI of the Civil Rights Act of 1964, referred to in this section, is codified as 42 U.S.C. § 2000d et seq. Title IX of the Education Amendments of 1972 is codified as 20 U.S.C. § 1681 et seq.

Research References

Ark. L. Rev.

Charter Schools: Racial-Balancing Provisions and Parents Involved, 61 Ark. L. Rev. 1.

6-23-307. Renewal of charter.

After the initial five-year period of an open-enrollment public charter, the authorizer may renew the open-enrollment public charter on a one-year or multiyear basis, not to exceed twenty (20) years.

History. Acts 1999, No. 890, § 5; 2001, No. 1311, § 4; 2005, No. 2005, § 9; 2007, No. 736, § 18; 2011, No. 993, § 8; 2013, No. 509, § 11.

Amendments. The 2011 amendment substituted “twenty (20)” for “five (5).”

The 2013 amendment substituted “authorizer” for “State Board of Education”.

6-23-308. Priority hiring for teachers.

If a licensed teacher employed by a public school district in the school year immediately preceding the effective date of the open-enrollment public charter is employed by an open-enrollment public charter school and the open-enrollment public charter is revoked, the licensed teacher will receive a priority in hiring for the first available position for which the licensed teacher is qualified in the public school district where the licensed teacher was formerly employed.

History. Acts 1999, No. 890, § 5; 2007, No. 736, § 19; 2013, No. 1138, § 66.

Amendments. The 2013 amendment substituted “licensed teacher” for “certified teacher” throughout this section.

6-23-309. Rules.

The State Board of Education is authorized to promulgate rules for the creation of open-enrollment public charter schools.

History. Acts 1999, No. 890, § 5; 2007, No. 736, § 20; 2019, No. 315, § 312.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in the section heading and in the section.

6-23-310. Status report.

The authorizer shall report to the General Assembly each biennium and to the House Committee on Education and the Senate Committee on Education during the interim between regular sessions of the General Assembly:

  1. The status of the open-enrollment public charter school programs; and
  2. A summary of the authorizing activities in the preceding year, including without limitation the number and type of charters approved, denied, and amended.

History. Acts 1999, No. 890, § 5; 2007, No. 736, § 21; 2013, No. 509, § 12; 2017, No. 933, § 7.

Amendments. The 2013 amendment substituted “authorizer” for “State Board of Education” and deleted “Interim” preceding “Committee” twice.

The 2017 amendment deleted “on the status of the open-enrollment public charter school programs” following “report” in the introductory language; and added (1) and (2).

Subchapter 4 — Open-Enrollment Public Charter Schools — Operation

Effective Dates. Acts 2001, No. 1311, § 10: Apr. 5, 2001. Emergency clause provided: “It is found and determined by the General Assembly that the current funding requirements for charter schools need immediate revisions; that it is necessary to have the funding before the beginning of the fiscal year; that the notice requirements and other changes could cause confusions and delay for citizens petitioning for a charter school during the third application cycle if there is delay enacting legislation; and that proper notice of petition requirements and funding changes are immediately necessary. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2011, No. 993, § 18: Apr. 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public charter schools; and that this act is immediately necessary so that the affected public charter schools will receive the amount of funding provided under this act for the current school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-23-401. Authority under a charter for open-enrollment public charter schools.

  1. An open-enrollment public charter school:
    1. Shall be governed by an eligible entity that is fiscally accountable and under the governing structure as described by the charter;
    2. Shall provide instruction to students at one (1) or more elementary or secondary grade levels as provided by the charter;
    3. Shall retain authority to operate under the charter contingent on satisfactory student performance as provided by the charter and in accordance with this chapter;
    4. Shall have no authority to impose taxes;
    5. Shall not incur any debts without the prior review and approval of the Commissioner of Elementary and Secondary Education;
    6. Shall not charge students tuition or fees that would not be allowable charges in the public school districts; and
    7. Shall not be religious in its operations or programmatic offerings.
  2. An open-enrollment public charter school is subject to any prohibition, restriction, or requirement imposed by this title and any rule promulgated by the State Board of Education under this title relating to:
    1. Monitoring compliance with this chapter, as determined by the commissioner;
    2. Public school accountability under this title;
    3. High school graduation requirements as established by the state board;
    4. Special education programs as provided by this title;
    5. Conducting criminal background checks for employees as provided in this title;
    6. Health and safety codes as established by the state board and local governmental entities; and
    7. Reporting through the Arkansas Public School Computer Network applications as provided under this title.

History. Acts 1999, No. 890, § 6; 2007, No. 736, § 22; 2019, No. 315, § 313; 2019, No. 815, § 7.

Amendments. The 2019 amendment by No. 315 deleted “and regulation” following “rule” in the introductory language of (b).

The 2019 amendment by No. 815 added (b)(7).

6-23-402. Enrollment numbers and deadline.

  1. An open-enrollment public charter school may enroll a number of students not to exceed the number of students specified in its charter.
    1. Any student enrolling in an open-enrollment public charter school shall enroll in that school by July 30 for the upcoming school year during which the student will be attending the open-enrollment public charter school.
    2. However, if a student enrolled by July 15 should no longer choose to attend the open-enrollment public charter school or if the open-enrollment public charter school has not yet met its enrollment cap, the open-enrollment public charter school may enroll a number of replacement or additional students not to exceed the enrollment cap of the open-enrollment public charter school.
  2. Open-enrollment public charter schools shall keep records of attendance in accordance with the law and submit quarterly attendance reports to the Division of Elementary and Secondary Education.

History. Acts 1999, No. 890, § 7; 2001, No. 1311, § 5; 2005, No. 2005, § 10; 2007, No. 736, § 23; 2011, No. 989, § 74; 2011, No. 993, § 9; 2019, No. 910, § 1743.

Amendments. The 2011 amendment by No. 989 substituted “July 15” for “July 30” in (b)(2).

The 2011 amendment by No. 993, in (b)(2), substituted “July 15” for “July 30,” inserted “or if the open-enrollment public charter school has not yet met its enrollment cap” and substituted “a number of replacement or additional students not to exceed the enrollment cap of the open enrollment public charter school” for “a replacement student.”

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c).

6-23-403. Annual audit of open-enrollment public charter school required.

Any other provisions of the Arkansas Code notwithstanding, an open-enrollment public charter school shall be subject to the same auditing and accounting requirements as any other public school district in the state.

History. Acts 1999, No. 890, § 14; 2007, No. 736, § 24.

6-23-404. Evaluation of open-enrollment public charter schools.

  1. The Division of Elementary and Secondary Education shall cause to be conducted an annual evaluation of open-enrollment public charter schools.
  2. An annual evaluation shall include without limitation consideration of:
    1. Student scores under the statewide assessment program described in § 6-15-433 [repealed];
    2. Student attendance;
    3. Student grades;
    4. Incidents involving student discipline;
    5. Socioeconomic data on students' families;
    6. Parental satisfaction with the schools;
    7. Student satisfaction with the schools; and
    8. The open-enrollment public charter school's compliance with § 6-23-107.
  3. The authorizer may require the charter holder to appear before the authorizer to discuss the results of the evaluation and to present further information to the authorizer as the authorizer deems necessary.

History. Acts 1999, No. 890, § 12; 2001, No. 1311, § 6; 2007, No. 736, § 25; 2011, No. 993, § 10; 2013, No. 509, § 13; 2019, No. 910, § 1744.

Amendments. The 2011 amendment added (b)(8).

The 2013 amendment substituted “authorizer” for “State Board of Education”, “state board” twice, and “department or the state board” in (c).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a).

6-23-405. Monthly reports.

An open-enrollment public charter school in its initial school year of operation shall provide monthly reports on its enrollment status and compliance with its approved budget for the current school year to the Division of Elementary and Secondary Education.

History. Acts 2011, No. 993, § 11; 2019, No. 910, § 1745.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education”.

6-23-406. Division of Elementary and Secondary Education review.

The Division of Elementary and Secondary Education shall:

  1. Conduct an end-of-semester review of each open-enrollment public charter school that is in its initial school year of operation at the end of the first semester and at the end of the school year; and
  2. Report to the State Board of Education and the Commissioner of Elementary and Secondary Education on the open-enrollment public charter school's:
    1. Overall financial condition; and
    2. Overall condition of student enrollment.

History. Acts 2011, No. 993, § 11; 2013, No. 509, § 14; 2019, No. 910, § 1746.

Amendments. The 2013 amendment inserted “and the Commissioner of Education” in the introductory language of (2).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the section heading and in the introductory language; and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (2).

Subchapter 5 — Open-Enrollment Public Charter Schools — Funding

Effective Dates. Acts 2001, No. 1311, § 10: Apr. 5, 2001. Emergency clause provided: “It is found and determined by the General Assembly that the current funding requirements for charter schools need immediate revisions; that it is necessary to have the funding before the beginning of the fiscal year; that the notice requirements and other changes could cause confusions and delay for citizens petitioning for a charter school during the third application cycle if there is delay enacting legislation; and that proper notice of petition requirements and funding changes are immediately necessary. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003 (2nd Ex. Sess.), No. 59, § 6: July 1, 2004. Effective date clause provided: “This act shall become effective on July 1, 2004.”

Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 993, § 18: Apr. 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public charter schools; and that this act is immediately necessary so that the affected public charter schools will receive the amount of funding provided under this act for the current school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-23-501. Funding for open-enrollment public charter schools.

    1. An open-enrollment public charter school shall receive funds equal to the amount that a public school would receive under § 6-20-2305(a) and (b) as well as any other funding that a public charter school is entitled to receive under law or under rules promulgated by the State Board of Education.
      1. For the first year of operation, the first year operating under a new license, the first year adding a new campus, and in any year a grade is added at any campus, the foundation funding and enhanced educational funding for an open-enrollment public charter school is determined as follows:
        1. The initial funding estimate shall be based on enrollment as of July 1 of the current school year;
        2. In December, funding will be adjusted based upon the first quarter average daily membership; and
        3. A final adjustment will be made after the current three-quarter average daily membership is established.
      2. For the second year and each school year thereafter, the previous year's average daily membership will be used to calculate foundation funding and any enhanced educational funding amounts.
    2. Enhanced Student Achievement Funding under § 6-20-2305(b)(4) shall be provided to an open-enrollment public charter school as follows:
      1. For the first year of operation, the first year operating under a new license, the first year adding a new campus, and in any year when a grade is added at any campus, free or reduced-price meal eligibility data as reported by October 1 of the current school year will be used to calculate the Enhanced Student Achievement Funding under the state board rules governing special needs funding; and
      2. For the second year and each school year of operation thereafter, the previous year's October 1 national school lunch student count as specified in state board rules governing special needs funding will be used to calculate Enhanced Student Achievement Funding for the open-enrollment public charter school.
    3. Professional development funding under § 6-20-2305(b)(5) shall be provided to an open-enrollment public charter school for the first year of operation, the first year operating under a new license, the first year adding a new campus, and in any year in which a grade is added at any campus as follows:
      1. In the first year of operation the open-enrollment public charter school shall receive professional development funding based upon the initial projected enrollment student count as of July 1 of the current school year multiplied by the per-student professional development funding amount under § 6-20-2305(b)(5) for that school year; and
      2. For the second year and each school year thereafter, professional development funding will be based upon the previous year's average daily membership multiplied by the per-student professional development funding amount for that school year.
    4. The Division of Elementary and Secondary Education shall distribute other categorical funding under § 6-20-2305(a) and (b) for which an open-enrollment public charter school is eligible as provided by state law and rules promulgated by the state board.
    5. An open-enrollment public charter school shall not be denied foundation funding, enhanced educational funding, or categorical funding in the first year or any year of operation provided that the open-enrollment public charter school submits to the division the number of students eligible for funding as specified in applicable rules.
    6. Foundation funding for an open-enrollment public charter school shall be paid in twelve (12) installments each fiscal year.
  1. An open-enrollment public charter school may receive any state and federal aids, grants, and revenue as may be provided by law.
  2. Open-enrollment public charter schools may receive gifts and grants from private sources in whatever manner is available to public school districts.

History. Acts 1999, No. 890, § 7; 2001, No. 1311, § 7; 2003 (2nd Ex. Sess.), No. 59, § 3; 2005, No. 2005, § 11; 2007, No. 736, § 26; 2009, No. 1469, § 22; 2011, No. 981, § 14; 2011, No. 989, §§ 75-77; 2011, No. 993, §§ 12-14; 2017, No. 542, § 4; 2017, No. 933, § 8; 2019, No. 910, § 1747; 2019, No. 1083, § 4.

A.C.R.C. Notes. Pursuant to Acts 2011, No. 981, § 19, § 6-23-501 is set out above as amended by Acts 2011, No. 993, § 14. Acts 2011, No. 981, § 19 read as follows: “The enactment and adoption of this act shall not repeal, expressly or impliedly, the acts passed at the regular session of the Eighty-Eighth General Assembly. All such acts shall have the full force and effect and, so far as those acts intentionally vary from or conflict with any provision contained in this act, those acts shall have the effect of subsequent acts and as amending or repealing the appropriate parts of the Arkansas Code of 1987.”

Pursuant to § 1-2-207, § 6-23-501(a)(2)(A)(i) is set out above as amended by Acts 2011, No. 993, § 12. Section 6-23-501(a)(2)(A)(i) was also amended by Acts 2011, No. 989, § 75, as follows: “(i) The initial funding estimate shall be based on enrollment as of July 15 of the school year in which the students are to attend classes;”.

Pursuant to § 1-2-207, § 6-23-501(a)(4)(A) is set out above as amended by Acts 2011, No. 993, § 14. Section 6-23-501(a)(4)(A) was also amended by Acts 2011, No. 989, § 76, as follows: “(A)(i) In the first year of operation the open-enrollment public charter school shall receive professional development funding based upon the initial projected enrollment student count as of July 15 of the school year in which the students are to attend, multiplied by the per-student professional development funding amount under § 6-20-2305(b)(5) for that school year.”

Amendments. The 2009 amendment rewrote (a)(2); and made a stylistic change in (a)(1).

The 2011 amendment by No. 981 deleted “for the first year of operation” following “school” in the introductory paragraph of (a)(4); and redesignated former (a)(4)(ii) as (a)(4)(B).

The 2011 amendment by No. 989 added “Foundation” preceding “funding” in (a)(7).

The 2011 amendment by No. 993 substituted “July 1 of the current school year” for “July 30 preceding the school year in which the students are to attend classes” in (a)(2)(A)(i); inserted “and in any year when a grade is added” in (a)(3)(A); inserted “and in any year in which a grade is added” in (a)(4); and substituted “July 1 of the current school year” for “July 30 preceding the school year in which the students are to attend” in (a)(4)(A)(i).

The 2017 amendment by No. 542 repealed former (d).

The 2017 amendment by No. 933 substituted “the first year operating under a new license, the first year adding a new campus, and in any year a grade is added at any campus” for “and for the first year the open-enrollment public charter school adds a new grade” in (a)(2)(A); and in (a)(3)(A) and (a)(4), inserted “the first year operating under a new license, the first year adding a new campus” and inserted “at any campus”.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(5); and substituted “division” for “department” in (a)(6).

The 2019 amendment by No. 1083 substituted “Enhanced Student Achievement Funding” for “national school lunch state categorical funding” throughout (a)(3).

6-23-502. Source of funding.

  1. Open-enrollment public charter schools shall be funded each year through funds set aside from funds appropriated to state foundation funding aid in the Public School Fund.
  2. The amount set aside shall be determined by the State Board of Education.

History. Acts 1999, No. 890, § 7; 2001, No. 1311, § 8; 2007, No. 736, § 27.

Cross References. Public School Fund, § 6-20-203 — § 6-20-206, § 6-20-211, § 19-5-305.

6-23-503. Use of funding.

  1. An open-enrollment public charter school may not use the moneys that it receives from the state for any sectarian program or activity or as collateral for debt.
    1. No indebtedness of any kind incurred or created by the open-enrollment public charter school shall constitute an indebtedness of the state or its political subdivisions, and no indebtedness of the open-enrollment public charter school shall involve or be secured by the faith, credit, or taxing power of the state or its political subdivisions.
    2. Every contract or lease into which an open-enrollment public charter school enters shall include the wording of subdivision (b)(1) of this section.

History. Acts 1999, No. 890, § 7; 2007, No. 736, § 28.

6-23-504. Employee benefits.

Employees of an open-enrollment public charter school shall be eligible to participate in all benefits programs available to public school employees.

History. Acts 1999, No. 890, § 7; 2007, No. 736, § 29.

6-23-505. Annual audit.

An open-enrollment public charter school shall prepare an annual certified audit of the financial condition and transactions of the open-enrollment public charter school as of June 30 of each year in accordance with generally accepted auditing procedures and containing any other data as determined by the State Board of Education for all public schools.

History. Acts 1999, No. 890, § 7; 2007, No. 736, § 30; 2013, No. 509, § 15.

Amendments. The 2013 amendment added “for all public schools” at the end.

6-23-506. Assets of school as property of state.

  1. Upon dissolution of the open-enrollment public charter school or upon nonrenewal or revocation of the charter, all net assets of the open-enrollment public charter school, including any interest in real property, purchased with public funds shall be deemed the property of the state, unless otherwise specified in the charter of the open-enrollment public charter school.
    1. If the open-enrollment public charter school used state funds to purchase or finance personal property, real property, or fixtures for use by the open-enrollment public charter school, the Division of Elementary and Secondary Education may require that the property be sold.
    2. The state has a perfected priority security interest in the net proceeds from the sale or liquidation of the property to the extent of the public funds used in the purchase.

History. Acts 1999, No. 890, § 7; 2007, No. 736, § 31; 2013, No. 509, § 16; 2019, No. 910, § 1748.

Amendments. The 2013 amendment substituted “Department of Education” for “State Board of Education” in (b)(1).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(1).

6-23-507. Rules.

The State Board of Education shall have the authority to promulgate rules in accordance with other state and federal statutes and regulations to implement this subchapter and § 6-23-402.

History. Acts 1999, No. 890, § 7; 2019, No. 315, § 314.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in the section heading and in the section, and inserted “and regulations”.

Subchapter 6 — Limited Public Charter Schools

6-23-601. [Repealed.]

Publisher's Notes. This section, concerning application for limited public charter school status, teacher transfers, and annual evaluations, was repealed by Acts 2015, No. 846, § 31. The section was derived from Acts 2001, No. 1311, § 9; 2005, No. 2005, § 12; 2007, No. 736, § 32; 2011, No. 993, § 15; 2013, No. 509, § 17; 2013, No. 1138, §§ 67-69.

Subchapter 7 — Public Charter School Authorizer

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-23-701. Designated public charter authorizer.

  1. The Division of Elementary and Secondary Education is the designated public charter authorizer with jurisdiction and authority over all public charters issued in this state to take the following action on a proposed or established public charter:
    1. Approve;
    2. Reject;
    3. Renew;
    4. Nonrenew;
    5. Place on probation;
    6. Modify;
    7. Revoke;
    8. Deny;
    9. Transfer; or
    10. Assign.
    1. The division shall exercise authority over public charter schools under this chapter through a public charter authorizing panel established within the division.
      1. The Commissioner of Elementary and Secondary Education shall appoint a public charter authorizing panel that may consist of individuals from outside the division as well as professional staff employed at the division to serve at the pleasure of the commissioner.
      2. The commissioner may elect to serve as a member on the charter authorizing panel as the chair.
    2. The public charter authorizing panel is composed of an odd number of members and consists of no less than five (5) members and no more than eleven (11) members.
  2. The division may waive provisions of this title or State Board of Education rules as allowed by law for public charters.
    1. The division shall conduct all hearings on public charter school matters as required by law, rule, and process and make final determinations as allowed by law.
      1. A hearing under this chapter conducted by the division shall be an open meeting under § 25-19-106.
      2. For the purposes of § 25-19-106, the members of the public charter authorizing panel shall be considered a governing body only in regard to actions specifically authorized by this subchapter.
      1. All decisions of the panel shall be made by majority vote of the quorum.
      2. A decision of the division is final except as provided under § 6-23-703.
    2. The Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall not apply to a hearing concerning a public charter school.
  3. The division shall be the primary authorizer of public charters except as provided under § 6-23-703.

History. Acts 2013, No. 509, § 18; 2017, No. 462, § 1; 2019, No. 761, § 4; 2019, No. 910, § 1749.

Amendments. The 2017 amendment substituted “may consist of individuals from outside the department as well as” for “consists of” in (b)(2)(A).

The 2019 amendment by No. 761 substituted “Nonrenew” for “Non-renew” in (a)(4); and added (a)(9) and (a)(10).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (a); substituted “division” for “department” throughout the section; and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b)(2)(A).

6-23-702. Public charter authorizing procedures — Notification.

  1. The State Board of Education shall adopt rules as necessary to administer this subchapter, including without limitation the procedure for:
    1. Hearings; and
    2. Administration of the public charter authorizing panel.
    1. The Division of Elementary and Secondary Education shall notify in writing the state board, charter applicant, public charter school, and affected school districts, if any, of final decisions made by the division no less than fourteen (14) calendar days before the next regularly scheduled state board meeting after the final decision is made by the division.
      1. A charter applicant, public charter school, and affected school district, if any, may submit in writing a request that the state board review the final decision of the division under § 6-23-703.
      2. The written request submitted under subdivision (b)(2)(A) of this section shall state the specific reasons supporting a review by the state board.
    2. The decision of whether to review a final decision of the division is discretionary by the state board and the provisions of this section and § 6-23-703 do not grant any right of appeal to a charter applicant, public charter school, or affected school district.

History. Acts 2013, No. 509, § 18; 2019, No. 910, § 1750.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(1); and substituted “division” for “department” throughout (b).

6-23-703. State Board of Education optional review.

  1. On a motion approved by a majority vote, the State Board of Education may exercise a right of review of a charter determination made by the Division of Elementary and Secondary Education at the next regularly scheduled state board meeting after receiving notice provided under § 6-23-702(b).
  2. If the state board votes to review a final decision made by the division, the state board shall:
    1. State the specific additional information the state board requires from the division, public charter school, public charter school applicant, or affected school district;
    2. Conduct a full hearing regarding a final decision by the division under § 6-23-701(a); and
    3. Hold the hearing at the earlier of:
      1. The next regularly scheduled state board meeting following the state board meeting during which the state board voted to authorize a review; or
      2. A special board meeting called by the state board.
    1. At the conclusion of the hearing, the state board may issue a final decision by state board vote.
    2. The state board may decide by majority vote of the quorum to:
      1. Affirm the decision of the division;
      2. Take other lawful action on the public charter; or
        1. Request additional information from the division, public charter school, public charter school applicant, or affected school district, if needed.
        2. If the state board requests additional information under subdivision (c)(2)(C)(i) of this section, the state board shall hold a subsequent hearing at the earlier of:
          1. The next regularly scheduled state board meeting; or
          2. A special board meeting called by the state board.
    3. A decision made by the state board is final with no right of appeal.
  3. The state board may promulgate rules as necessary to implement this section.

History. Acts 2013, No. 509, § 18; 2019, No. 910, § 1751.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” throughout the section.

Subchapter 8 — Open-Enrollment Public Charter School Capital Grant Program

6-23-801. Definitions.

As used in this subchapter:

  1. “Academic facility” means a building or space, including related areas such as the physical plant and grounds, that is part of an institution in which students receive instruction;
  2. “Maintenance, repair, and renovation” means an activity or improvement to an academic facility and, if necessary, related areas such as the physical plant and grounds that maintains, conserves, or protects the state of condition or efficiency of the academic facility;
  3. “National school lunch students” has the same meaning as in § 6-20-2303; and
  4. “New construction” means an improvement to an academic facility and, if necessary, related areas such as the physical plant and grounds, that improves the state of condition or efficiency of the academic facility.

History. Acts 2013, No. 1064, § 1.

6-23-802. Purposes of grants.

An open-enrollment public charter school may apply for and the Division of Public School Academic Facilities and Transportation may grant moneys from the Open-Enrollment Public Charter School Capital Grant Program Fund for one (1) or more of the following purposes:

  1. The maintenance, repair, renovation, and new construction of academic facilities;
  2. The cost of acquiring a site and constructing and equipping an academic facility on that site;
  3. The purchase of instructional materials, technology systems, and other academic equipment; and
  4. The repayment of debt incurred by an open-enrollment public charter school for one (1) or more of the purposes identified in subdivisions (1)-(3) of this section.

History. Acts 2013, No. 1064, § 1.

6-23-803. Application for grant.

  1. The board of directors of an open-enrollment public charter school may request a grant from the Open-Enrollment Public Charter School Capital Grant Program under this subchapter by filing a formal application with the Division of Public School Academic Facilities and Transportation using the form and in the manner required by rules of the Commission for Arkansas Public School Academic Facilities and Transportation.
  2. The application shall contain the following information without limitation:
    1. The open-enrollment public charter school's:
      1. Name;
      2. Local education agency number; and
      3. Location;
    2. A certified copy of the written resolution of the board that includes without limitation:
      1. The board's authorization for filing the application; and
      2. The date and place of the meeting of the board at which the action was taken;
    3. The proposed use for the proceeds of the grant;
    4. The amount of the grant requested and supporting evidence upon which the amount is based; and
    5. Additional information required by the division.
  3. The open-enrollment public charter school shall:
    1. Execute the application in duplicate;
    2. File the original with the division; and
    3. Retain one (1) copy in the files of the open-enrollment public charter school.
  4. Within a reasonable time after its receipt of an application for a grant from the Open-Enrollment Public Charter School Capital Grant Program under this subchapter, the division shall review the accuracy and merits of the application and either:
    1. Approve the application for the full amount of the grant request;
    2. Approve the application for a grant of a lesser amount than the amount requested; or
    3. Reject the application.

History. Acts 2013, No. 1064, § 1.

6-23-804. Administration — Rules.

    1. The Division of Public School Academic Facilities and Transportation shall administer the Open-Enrollment Public Charter School Capital Grant Program in a manner that awards a grant and monitors the use of a grant according to the stated purpose of the grant.
    2. This section is not intended to subject a grant applicant to rules similar to those applicable to school districts under the Arkansas Public School Academic Facilities Funding Act, § 6-20-2501 et seq., and the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq.
  1. The Commission for Arkansas Public School Academic Facilities and Transportation shall promulgate rules to implement this subchapter.

History. Acts 2013, No. 1064, § 1.

Subchapter 9 — Open-Enrollment Public Charter School Facilities Loan Fund

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-23-901. Open-Enrollment Public Charter School Facilities Loan Fund — Established.

Beginning with the 2013-2014 school year, the Open-Enrollment Public Charter School Facilities Loan Fund is established under § 19-5-1251 to provide funding for safe and secure facilities in which to conduct educational services and administrative activities for open-enrollment public charter schools.

History. Acts 2013, No. 1255, § 1.

6-23-902. Funding source — Procedures.

  1. The Open-Enrollment Public Charter School Facilities Loan Fund shall be administered and operated by the Division of Public School Academic Facilities and Transportation for the sole purpose of facility assistance for eligible open-enrollment public charter schools.
  2. The fund may be funded by:
    1. General revenues received by the division for the purpose of starting, augmenting, or replenishing the fund;
    2. Grants received by the division for the express purpose of providing open-enrollment public charter school facilities assistance, including grants from the United States Department of Education; and
    3. Donations or bequests from organizations or individuals received by the division that are designated for the fund.
  3. The division shall:
    1. Use rules and forms adopted by the Commission for Arkansas Public School Academic Facilities and Transportation for the administration and operation of the loan program, including without limitation a loan application form that addresses:
      1. A specific description of the project or facility for which funding is needed;
      2. A description of the project or facility for which funding is needed, including the physical location of the project or facility;
      3. The anticipated cost of acquisition, construction, lease, operation, addition, improvement, or repair of the open-enrollment public charter school facility;
      4. An explanation for the open-enrollment public charter school's inability to provide sufficient funding for the project or facility through other resources;
      5. A description of the funds that the open-enrollment public charter school intends to use to collateralize and pledge to secure the loan;
      6. A repayment period of not to exceed ten (10) years from the date the loan is approved;
      7. A resolution from the open-enrollment public charter school's governing board stating the necessity of the requested assistance; and
      8. The repayment terms and conditions of the loan with the repayment interest rate not to exceed one percent (1%) of the interest rate earned by money in the fund; and
    2. Develop a prioritization system to fund projects and facilities if sufficient funding is not available to fully fund all eligible requests.
  4. The division shall dedicate sufficient personnel and resources to administer the loan program in a timely and responsive manner.
  5. All earnings received on the investment of assets held in the fund shall be used in the following order of priority for the following purposes:
    1. To pay the operating expenses of the fund administered by the division; and
    2. To fund loans under § 6-23-703 or as permitted by law.

History. Acts 2013, No. 1255, § 1.

6-23-903. Purpose of loan.

An open-enrollment public charter school may borrow and the Division of Public School Academic Facilities and Transportation may lend money from the Open-Enrollment Public Charter School Facilities Loan Fund for:

  1. The construction, lease, or purchase of an academic facility;
  2. The repair, improvement, or addition to an academic facility; or
  3. Credit enhancement for financing academic facility projects under subdivision (1) or (2) of this section.

History. Acts 2013, No. 1255, § 1.

6-23-904. Loan application.

  1. The board of directors of an open-enrollment public charter school wanting to borrow money from the Open-Enrollment Public Charter School Facilities Loan Fund, acting through its chair or president and secretary, after approval of such action by full majority approval of the board of directors, shall file a loan application with the Division of Public School Academic Facilities and Transportation.
  2. The loan application shall be on a form promulgated by the Commission for Arkansas Public School Academic Facilities and Transportation and include without limitation:
    1. The name, location, and local education agency number of the open-enrollment public charter school;
    2. The date and location of the board of directors meeting at which action was taken to make a formal application for a loan;
    3. The purpose for which the loan will be used;
    4. The estimated amount of the proposed loan, including any supporting documentation on cost estimates;
    5. Complete financial information, including all current debt obligations;
    6. The method proposed to repay the loan; and
    7. Any additional information requested by the division.
  3. An application shall be executed in duplicate with the original to be filed with the division and the copy to be retained in the files of the open-enrollment public charter school.

History. Acts 2013, No. 1255, § 1.

6-23-905. Loan decision.

  1. The Division of Public School Academic Facilities and Transportation shall review and assess the accuracy of the information provided in each loan application within a reasonable time after receiving a loan application.
    1. After reviewing and considering the merits of the application, the division may:
      1. Approve the loan requested for the full amount;
      2. Approve the loan requested for an amount less than requested; or
      3. Deny the loan.
    2. The division shall notify the open-enrollment public charter school in writing of the decision.
  2. An open-enrollment public charter school may apply for and accept a loan from the Open-Enrollment Public Charter School Facilities Loan Fund without prior approval from the Commissioner of Education under § 6-23-401(a)(5).

History. Acts 2013, No. 1255, § 1.

6-23-906. Rules.

  1. The Commission for Arkansas Public School Academic Facilities and Transportation shall promulgate rules necessary to administer the Open-Enrollment Public Charter School Facilities Loan Fund, which shall include without limitation a provision for the prioritization of loan applications.
  2. This section is not intended to subject a loan applicant to rules similar to those applicable to school districts under the Arkansas Public School Academic Facilities Funding Act, § 6-20-2501 et seq., and the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq.

History. Acts 2013, No. 1255, § 1.

6-23-907. Failure to remit payment.

  1. If an open-enrollment public charter school fails to remit payment for an outstanding loan under the Open-Enrollment Public Charter School Facilities Loan Fund, upon certification of the amount of delinquent funds by the Division of Public School Academic Facilities and Transportation, the amount of delinquent funds including penalties and interest may be deducted from the operating funds designated to the open-enrollment public charter school through the Division of Elementary and Secondary Education and remitted directly by the Division of Elementary and Secondary Education to the Open-Enrollment Public Charter School Facilities Loan Fund if requested by the Division of Public School Academic Facilities and Transportation.
  2. The operating funds from which delinquent funds may be deducted for an open-enrollment public charter school are limited to:
    1. State funding distributed under § 6-20-2305, including without limitation state foundation funding and state categorical funding;
    2. Federal funding to the extent allowed under federal law; and
    3. The net assets of an open-enrollment public charter school deemed property of the state upon revocation or nonrenewal of the charter.
  3. The state shall hold a preferred security interest in the amount of the outstanding loan.

History. Acts 2013, No. 1255, § 1; 2019, No. 910, § 1752.

Amendments. The 2019 amendment, in (a), substituted “Division of Elementary and Secondary Education and remitted directly by the Division of Elementary and Secondary Education” for “Department of Education and remitted directly by the department” and substituted the second occurrence of “Division of Public School Academic Facilities and Transportation” for “division”.

6-23-908. Open-Enrollment Public Charter School Facilities Funding Aid Program.

  1. There is created the Open-Enrollment Public Charter School Facilities Funding Aid Program.
    1. An open-enrollment public charter school that meets the criteria under subsection (c) of this section is eligible to receive funding from the program on a pro rata distribution of available funding per student, based upon the open-enrollment public charter school's previous year three-quarter average daily membership.
    2. For an open-enrollment public charter school in its first year of operation, the first year operating under a new license, the first year adding a new campus, or in any year a grade is added at any campus, the funding from the program shall be determined using the method under § 6-23-501(a)(2)(A).
  2. In addition to the open-enrollment public charter school's successful completion of the charter application review and approval process, the open-enrollment public charter school shall meet all of the following criteria in order to receive funding under the program:
    1. Virtual technology is not the primary method of delivering instruction;
    2. The facility meets all applicable health, fire, and safety codes and all accessibility requirements under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., and the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as reviewed by the Division of Public School Academic Facilities and Transportation or another appropriate state agency; and
    3. The open-enrollment public charter school is not:
      1. Classified as in need of Level 5 — Intensive support under § 6-15-2915 or in fiscal distress under the Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq., and the corresponding rules adopted by the State Board of Education;
      2. In receipt of a rating of “F” under § 6-15-2105; or
      3. Placed in probationary status by the state charter school authorizer under § 6-23-105.
  3. The funds received by an open-enrollment public charter school under this section shall be used only for the lease, purchase, renovation, repair, construction, installation, restoration, alteration, modification, or operation and maintenance of an approved facility that meets the requirements of subsection (c) of this section.
    1. If an open-enrollment public charter school fails to use funds received under this section as provided under subsection (d) of this section or no longer has the need for the funds, the Division of Public School Academic Facilities and Transportation shall certify and recoup the funds from the operating funds designated to the open-enrollment public charter school through the Division of Elementary and Secondary Education and remitted directly by the Division of Elementary and Secondary Education.
    2. The operating funds from which the Division of Public School Academic Facilities and Transportation may recoup funds from an open-enrollment public charter school are limited to:
      1. State funding distributed under § 6-20-2305, including without limitation state foundation funding and state categorical funding;
      2. Federal funding to the extent allowed under federal law; and
      3. The net assets of an open-enrollment public charter school deemed property of the state upon revocation or nonrenewal of the charter after all legal debts owed to third parties are satisfied.
    3. The state shall hold a preferred security interest in the funds received under this section as provided under subsection (d) of this section or the amount of funds no longer needed.
  4. This section does not entitle or subject an open-enrollment public charter school to the Arkansas Public School Academic Facilities Funding Act, § 6-20-2501 et seq., or the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq.
  5. The Commission for Arkansas Public School Academic Facilities and Transportation may promulgate rules to implement this section.

History. Acts 2015, No. 739, § 1; 2017, No. 933, § 9; 2019, No. 757, § 58; 2019, No. 910, § 1753.

Amendments. The 2017 amendment substituted “the first year operating under a new license, the first year adding a new campus, or in any year a grade is added at any campus” for “or for an open-enrollment public charter school that adds a new grade” in (b)(2).

The 2019 amendment by No. 757 substituted “in need of Level 5 – Intensive support under § 6-15-2915” for “in academic distress under § 6-15-428 [repealed]” in (c)(3)(A); and rewrote (c)(3)(B).

The 2019 amendment by No. 910 substituted “Division of Public School Academic Facilities and Transportation” for “division” in (e)(1) and the introductory language of (e)(2); and substituted “Division of Elementary and Secondary Education and remitted directly by the Division of Elementary and Secondary Education” for “Department of Education and remitted directly by the department” at the end of (e)(1).

Subchapter 10 — Adult Education Charter School

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-23-1001. Application for adult education charter school.

    1. An eligible entity may apply to the authorizer for adult education charter school status for an adult education program that offers a curriculum that culminates in:
      1. A high school diploma; and
      2. An industry certification.
    2. An adult education charter school shall be recognized by the State Board of Education as an open-enrollment public charter school.
    3. An adult education charter school does not count toward the cap for open-enrollment public charter schools under § 6-23-304(c).
  1. A nonprofit entity's application for an adult education charter school shall include without limitation a:
    1. History of the nonprofit entity's success in providing education services, including industry certifications and job placement services, to adults eighteen (18) years of age and older whose educational and training opportunities have been limited by educational disadvantages, disabilities, homelessness, criminal history, or similar circumstances;
      1. Pledge to commit at least one million dollars ($1,000,000) to the adult education public charter school, if approved.
      2. Up to twenty-five percent (25%) of the commitment may be in-kind.
      3. A nonprofit entity that is opening an additional adult education public charter school under this section is not required to commit one million dollars ($1,000,000) for the additional adult education public charter school if it has already pledged to commit at least one million dollars ($1,000,000) to an adult education public charter school under subdivision (b)(2)(A) of this section;
    2. Description of any partnership with a state-supported two-year institution of higher education, if anticipated;
      1. Description of testimony from a public hearing in the community where the adult education charter school is planned.
      2. A copy of the notice of the public hearing that documents that the notice was published in a newspaper having general circulation in the community where the adult education charter school is planned at least three (3) weeks before the date of the public hearing;
    3. Comprehensive plan of how the adult education charter school will meet the industry needs for a sufficiently trained workforce in the state;
    4. Strategy for engaging the community, including business leaders, in carrying out the goals and objectives of the adult education charter school;
    5. Description of the proposed performance criteria that will be used during the initial five-year period of the charter to measure the progress of the adult education charter school in meeting the industry needs for a sufficiently trained workforce in the state;
    6. Detailed budget and governance plan for the operation of the adult education charter school; and
    7. List of any specific state laws or rules of the State Board of Education from which the adult education public charter wishes to be exempt with an explanation of why the exemption is needed.

History. Acts 2015, No. 1200, § 2; 2019, No. 960, § 1.

Amendments. The 2019 amendment inserted “public” in (b)(2)(A); and added (b)(2)(C).

6-23-1002. Authorization for adult education public charter.

The authorizer shall review an application for an adult education public charter school and may approve an application that:

  1. Provides an acceptable plan for meeting the industry needs for a sufficiently trained workforce in the state;
  2. Includes a set of performance criteria objectives for the terms of the charter and the means for measuring the performance criteria objectives on a yearly basis;
  3. Includes a comprehensive strategy for engaging the community, including without limitation business leaders, in the process of meeting the goals and objectives of the adult education public charter;
  4. Includes an agreement to provide an annual report to the community that indicates the progress made by the adult education public charter school in meeting the performance criteria objectives during the previous year; and
  5. Includes an appropriate budget and governance plan.

History. Acts 2015, No. 1200, § 2; 2019, No. 960, § 2.

Amendments. The 2019 amendment, in the introductory language, deleted “pilot program” following “school”; in (3), inserted “without limitation” and inserted “adult education public”; inserted “public” in (4); and made a stylistic change.

6-23-1003. Resubmission of applications.

  1. The authorizer may allow an applicant to resubmit an application for an adult education public charter school if the original application was, in the opinion of the authorizer, deficient in one (1) or more respects.
  2. The Division of Elementary and Secondary Education may provide technical assistance to an adult education public charter school applicant in the creation or modification of its application.

History. Acts 2015, No. 1200, § 2; 2019, No. 910, § 1754; 2019, No. 960, § 3.

Amendments. The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b).

The 2019 amendment by No. 960 inserted “public” in (a) and (b); and made stylistic changes.

6-23-1004. Enrollment in an adult education charter school.

  1. An approved adult education charter school shall have an enrollment cap of no more than three hundred fifty (350) students.
  2. A person who is at least nineteen (19) years of age may enroll in an adult education charter school if the person has:
    1. Not earned a high school diploma; and
    2. Failed to complete the requirements for high school graduation.

History. Acts 2015, No. 1200, § 2.

6-23-1005. Funding.

  1. Funding for an adult education charter school shall not be provided through the Public School Fund.
  2. Funding for an adult education charter school may come from public or private sources, including from the eligible entity that operates an adult education charter school.

History. Acts 2015, No. 1200, § 2.

6-23-1006. Charter renewal.

The authorizer may renew the charter of an adult education charter school on a one-year or multiyear basis.

History. Acts 2015, No. 1200, § 2.

6-23-1007. Reporting.

The Division of Elementary and Secondary Education shall report to the Senate Committee on Education and the House Committee on Education by December 1 each year concerning:

  1. Evaluations of any adult education charter schools operating under this subchapter in the state, including the impact on meeting industry needs and addressing the workforce needs in the state; and
  2. Recommendations regarding the abolition, expansion, or modifications of the subchapter.

History. Acts 2015, No. 1200, § 2; 2019, No. 910, § 1755.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language.

6-23-1008. Rules.

  1. The State Board of Education may adopt rules for adult education public charter schools, including without limitation rules that address:
    1. Industry needs in the state;
    2. Standardized secondary exit-level assessment instruments appropriate for assessing adult education charter school program participants who successfully complete high school curriculum requirements, including the level of satisfactory performance;
    3. Reporting requirements for adult education charter schools; and
    4. Eligibility requirements and procedures.
  2. The state board shall adopt a rule establishing the minimum graduation requirements for an adult education charter school to issue a high school diploma that substantially meets or exceeds the basic graduation competencies in core subjects expected by the state board for public school students.

History. Acts 2015, No. 1200, § 2.

Chapter 24 Ethical Guidelines and Prohibitions

Cross References. Ethics and conflicts of interest, § 21-8-101 et seq.

Effective Dates. Acts 2005, No. 1381, § 4: Mar. 30, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that public educational entities will need to have sufficient time to hire personnel necessary for the upcoming school year; that public educational entities and employees need clarity in the law to ensure their ability to enter into contracts; and that this act is immediately necessary because public educational entities will be entering into employment contracts on May 1 for the 2005-2006 school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-24-101. General policy.

  1. It is the policy of the state to promote and balance the objective of protecting integrity and facilitating the recruitment and retention of personnel needed by public educational entities.
  2. All board members, administrators, and employees, as defined herein, shall carry out all official duties for the benefit of the people of the community and the State of Arkansas and shall abide by the provisions of this chapter.
  3. It is the specific intent of this chapter to prohibit self-dealing in transactions between public educational entities and board members, administrators, or employees.

History. Acts 2001, No. 1599, § 1.

6-24-102. Definitions.

Unless otherwise specifically stated in this subchapter, the term:

  1. “Administrator” means any superintendent or assistant superintendent or his or her equivalent, school district treasurer, business manager, or other individual directly responsible for entity-wide purchasing;
  2. “Board” means a local school district board of directors or other governing body of a public educational entity;
  3. “Board member” means any board member, director, or other member of a governing body of a public educational entity;
  4. “Board of Education” means the State Board of Education;
  5. “Commissioner” means the Commissioner of Education or his or her designee;
  6. “Commodities” means all supplies, goods, material, equipment, computers, software, machinery, facilities, personal property, and services, other than personal and professional services, purchased for or on behalf of a public educational entity;
  7. “Contract” means any transaction or agreement for the purchase, lease, transfer, or use of real property or personal property and personal or professional services of an independent contractor, including, but not limited to, motor vehicles, equipment, commodities, materials, services, computers or other electronics, construction, capital improvements, deposits, and investments;
  8. “Directly” or “directly interested” means receiving compensation or other benefits personally or to an individual's household from the person, business, or entity contracting with the public educational entity;
  9. “Emergency purchase” means purchases mandated by unforeseen and unavoidable circumstances in which human life, health, or public property is in immediate jeopardy and the expenditure is necessary to preserve life, health, or public property;
  10. “Employee” means a full-time employee or part-time employee of a public educational entity;
  11. “Employment contract” means an agreement or contract between an employer and an employee in which the terms and conditions of the employment are provided;
  12. “Family” or “family members” means:
    1. An individual's spouse;
    2. Children of the individual or children of the individual's spouse;
    3. The spouse of a child of the individual or the spouse of a child of the individual's spouse;
    4. Parents of the individual or parents of the individual's spouse;
    5. Brothers and sisters of the individual or brothers and sisters of the individual's spouse;
    6. Anyone living or residing in the same residence or household with the individual or in the same residence or household with the individual's spouse; or
    7. Anyone acting or serving as an agent of the individual or as an agent of the individual's spouse;
    1. “Financial interest” in a business or other entity means:
      1. Ownership of more than a five percent (5%) interest;
      2. Holding a position as an officer, director, trustee, partner, or other top level management; or
      3. Being an employee, agent, independent contractor, or having any other arrangement in which the individual's compensation is based in whole or in part on transactions with the public educational entity.
    2. “Financial interest” does not include:
      1. The ownership of stock or other equity holdings in any publicly held company; or
      2. Clerical or other similar hourly compensated employees;
  13. “Gratuity” means a payment, loan, subscription, advance, deposit of money, travel, services, or anything having a present market value of one hundred dollars ($100) or more unless consideration of substantially equal or greater value is received;
  14. “Indirectly” or “indirectly interested” means that a family member, business, or other entity in which the individual or a family member has a financial interest will receive compensation or benefits;
  15. “Initially employed” means:
    1. Employed in either an interim or permanent position for the first time or following a severance in employment with the school district; or
    2. A change in the terms and conditions of an existing contract, excluding:
      1. Any renewal of a teacher contract under § 6-17-1506;
      2. Renewal of the contract of an employee in a nonlicensed personnel position that is required by law; or
      3. Movement of an employee on the salary schedule that does not require board action; and
    1. “Public educational entity” means Arkansas public school districts, charter schools, education service cooperatives, or any publicly supported entity having supervision over public educational entities.
    2. “Public educational entity” does not include institutions of higher education.

History. Acts 2001, No. 1599, § 2; 2005, No. 1381, § 1; 2007, No. 617, § 30; 2013, No. 608, § 1; 2013, No. 1138, § 70.

Amendments. The 2013 amendment by No. 608 substituted “an individual’s household from the person, business, or entity contracting with the public educational entity” for “a business or other entity in which the individual has a financial interest or receives other benefits” in (8).

The 2013 amendment by No. 1138 substituted “Renewal of the contract of an employee in a nonlicensed personnel position” for “Renewal of a noncertified employee's contract” in (16)(B)(ii).

6-24-103. Compliance with other laws.

Nothing in this chapter alters or diminishes other statutory or regulatory requirements regarding purchasing, contracting, bidding, disposition of property, or other transactions with public educational entities.

History. Acts 2001, No. 1599, § 3.

6-24-104. General prohibition.

  1. No board member, administrator, or employee shall knowingly use or attempt to use his or her official position to secure unwarranted privileges or exemptions for himself or herself or others.
  2. While serving as a board member, administrator, or employee, an individual shall not accept employment, contract, or engage in any public or professional activity that a reasonable person would expect might require or induce him or her to disclose any information acquired by the member by reason of his or her official position that is declared by law or rule to be confidential.
  3. No board member, administrator, or employee shall knowingly disclose any confidential information gained by reason of his or her position, nor shall the member knowingly otherwise use such information for his or her personal gain or benefit.
  4. Nothing in this chapter prohibits board members, administrators, or employees of public educational entities from donating services or property to a public educational entity.

History. Acts 2001, No. 1599, § 4; 2019, No. 315, § 315.

Amendments. The 2019 amendment substituted “rule” for “regulation” in (b).

6-24-105. School district boards of directors.

  1. General Prohibition. Except as otherwise provided, it is a breach of the ethical standards of this chapter for a board member to contract with the public educational entity the member serves if the board member has knowledge that he or she is directly or indirectly interested in the contract.
  2. Employment of Family Members.
        1. A board member's family member may not be initially employed by the public educational entity the member serves during the member's tenure of service on the local board for compensation in excess of five thousand dollars ($5,000) unless the Commissioner of Education issues a letter of exemption and approves the employment contract based on unusual and limited circumstances.
        2. The determination of unusual and limited circumstances shall be at the sole discretion of the commissioner and may be further defined by rule of the State Board of Education.
      1. A family member of a school district board member who was employed by the public educational entity during the school year immediately preceding the election of the board member may continue employment with the public educational entity under the same terms and conditions of the previously executed contract and any renewal of the contract under § 6-17-1506.
      2. Subject to the local board's written policy, a qualified family member of a board member may be employed as a substitute teacher, substitute cafeteria worker, or substitute bus driver for a period of time not to exceed a total of thirty (30) days per fiscal year for the public educational entity served by the board member.
        1. No employment contract that is prohibited under subdivision (b)(1) of this section is valid or enforceable by any party to the employment contract until approved in writing by the commissioner.
        2. The commissioner's approval of an employment contract may include restrictions and limitations that are by this subsection incorporated as terms or conditions of the contract.
      1. Excluding any renewal of a contract under § 6-17-1506, any change in the terms or conditions of an employment contract, a promotion, or a change in employment status for a family member of a school district board member employed by a public educational entity that will result in an increase in compensation of more than two thousand five hundred dollars ($2,500) must be approved in writing by the commissioner before any change in the terms or conditions of the employment contract or promotion or changes in employment status are effective, valid, or enforceable.
  3. Exceptions.
    1. Board Approval.
        1. In unusual and limited circumstances, a public educational entity's board may approve a contract, but not an employment contract, between the public educational entity and the board member or the board member's family if the board determines that the contract is in the best interest of the public educational entity.
        2. In unusual and limited circumstances, a public educational entity's board may approve an employment contract as provided in this section.
        1. The approval by the public educational entity's board shall be documented by written resolution after fully disclosing the reasons justifying the contract or employment contract in an open meeting.
        2. The resolution shall state the unusual and limited circumstances necessitating the contract or employment contract and shall document the restrictions and limitations of the contract or employment contract.
      1. If any proposed contract or employment contract is with a family member of a board member or a board member directly or indirectly interested in the proposed contract or employment contract, then the board member shall leave the meeting until the voting on the issue is concluded, and the absent board member shall not be counted as having voted.
    2. Independent Approval.
        1. If it appears the total transactions or contracts with the board member or a family member for a fiscal year total, or will total, ten thousand dollars ($10,000) or more, the superintendent or other chief administrator of the public educational entity shall forward the written resolution along with all relevant data to the commissioner for independent review and approval.
        2. The written resolution and other relevant data shall be sent by certified mail, return receipt requested, or other method approved by the state board to assure that adequate notice has been received by the Department of Education and to provide a record for the school district board of directors sending the request for approval.
        1. Upon review of the submitted data for any contract, including an employment contract as provided in subsection (b) of this section, the commissioner, within twenty (20) days of receipt of the resolution and other relevant data, shall approve or disapprove in writing the board's request.
        2. The commissioner may request additional information or testimony before ruling on a request. If additional data are needed for a proper determination, the commissioner shall approve or disapprove the contract within twenty (20) days of receipt of the additional requested data.
        3. If the commissioner does not respond to the public educational entity within the twenty-day period or request additional time or data for a proper review of the contract, the contract shall be deemed to be approved by the commissioner.
        1. If approved, the commissioner shall issue an approval letter stating all relevant facts and circumstances considered and any restrictions or limitations pertaining to the approval.
          1. The commissioner may grant the approval for a particular transaction or contract, a series of related transactions or contracts, or employment contracts.
          2. However, approval shall not be granted for a period greater than two (2) complete and consecutive fiscal years, excluding employment contracts.
      1. No contract subject to the commissioner's review and approval shall be valid or enforceable until an approval letter has been issued by the commissioner or the commissioner fails to respond to the public educational entity within the time periods specified in this section.
  4. Records. The department and the public educational entity shall maintain, under their respective record retention policies, a record and copy of all documentation relating to transactions or contracts with board members or members of their families.
  5. Providing False or Incomplete Information. Any board member or other person knowingly furnishing false information or knowingly not fully disclosing relevant information necessary for a proper determination by the public educational entity or the commissioner shall be guilty of violating the provisions of this chapter.

History. Acts 2001, No. 1599, § 5; 2005, No. 1381, § 2; 2011, No. 878, § 1; 2013, No. 608, § 2; 2015, No. 846, § 32.

Amendments. The 2011 amendment inserted “written” preceding “resolution” in (c)(2)(A)(i) and (c)(2)(A)(ii); inserted “district board of directors” following “school” in (c)(2)(A)(i); substituted “twenty (20) days” for “ten (10) days” in (c)(2)(B)(i) and (c)(2)(B)(ii); substituted “twenty-day” for “ten-day” in (c)(2)(B)(iii); and substituted “two (2) complete and consecutive fiscal years” for “two (2) years” in (c)(2)(C).

The 2013 amendment inserted “under their respective record retention policies” in (d).

The 2015 amendment substituted “ten thousand dollars ($10,000)” for “five thousand dollars ($5,000)” in (c)(2)(A)(i).

6-24-106. Administrators.

  1. General Prohibition.
    1. Except as otherwise provided, it is a breach of the ethical standards of this chapter for an administrator to contract with the public educational entity employing him or her if the administrator has knowledge that he or she is directly or indirectly interested in the contract.
    2. Except as otherwise provided, it is a breach of the ethical standards of this chapter for an administrator to contract with any public educational entity if the administrator has knowledge that he or she is directly interested in the contract.
  2. Family Members as Employees.
    1. This chapter does not prohibit an administrator's family members from being employed by the public educational entity the administrator serves or any other public educational entity.
      1. However, a member of an administrator's family or former spouse may not be initially employed as a disbursing officer of the public educational entity where the administrator is employed unless the public educational entity receives written approval from the Commissioner of Elementary and Secondary Education.
      2. Before issuing a written approval or denial, the commissioner shall request Arkansas Legislative Audit to review the internal controls, including the segregation of duties, present at the public educational entity.
      3. Arkansas Legislative Audit shall report its findings in writing to the commissioner.
  3. Exceptions.
    1. In unusual and limited circumstances and only with prior written approval from the commissioner, an administrator may contract with a public educational entity other than the public educational entity employing him or her.
    2. In unusual and limited circumstances and only with prior written approval from the commissioner, an administrator's family members may contract with a public educational entity employing the administrator.
      1. An administrator seeking to contract with other public educational entities, or an administrator's family member seeking to contract with the public educational entity employing the administrator, shall first present the request, with all relevant facts and circumstances justifying approval, to the board currently employing the administrator at an open meeting.
        1. After reviewing the request in an open meeting, the board may, by written resolution, approve the contract subject to approval by the commissioner.
        2. A copy of the approval resolution and all relevant data shall be forwarded by the board president to the commissioner.
        3. The written resolution and other relevant data shall be sent by certified mail, return receipt requested, or other method approved by the State Board of Education to assure that adequate notice has been received by the Division of Elementary and Secondary Education and to provide a record for the school district board of directors sending the request for approval.
      1. Upon review of the submitted data, the commissioner shall, within twenty (20) days of receipt of the resolution and other relevant data, approve or disapprove in writing the board's request.
        1. The commissioner may request additional information or testimony before ruling on a request.
        2. If additional data is needed for a proper determination, the commissioner shall approve or disapprove the contract within twenty (20) days of receipt of the additional requested data.
      2. If the commissioner does not respond to the public educational entity within the twenty-day period or request additional time or data for a proper review of the contract, the contract shall be deemed to be approved by the commissioner.
      1. If approved, the approval letter shall state all relevant facts and circumstances considered in the approval and shall state any restrictions or limitations of the approval.
      2. The commissioner may grant an approval for a particular transaction or a series of related transactions. No approval shall be granted for a period greater than two (2) complete and consecutive fiscal years.
    3. The division and the public educational entity shall maintain, under their respective record retention policies, a record and copy of all documentation relating to an exemption from the provisions of this chapter.
    4. A contract subject to this subsection is not valid until the commissioner:
      1. Approves the contract; or
      2. Fails to respond to the public educational entity within the time periods specified in this section.
  4. Providing False or Incomplete Information. Any administrator knowingly furnishing false information or knowingly not fully disclosing relevant information necessary for a proper determination by the public educational entity or the commissioner shall be guilty of violating the provisions of this chapter.
  5. “Contract” Defined. For the purposes of this section, “contract” does not apply to employment contracts issued to an administrator of a public educational entity for administrative or other duties such as, but not limited to, teaching, bus driving, or sponsorship of clubs or activities.
  6. Compensation for Officiating Athletic Events. Nothing in this section prohibits administrators from receiving compensation for officiating school-sponsored athletic activities with any public educational entity.
  7. Compensation for Conducting Seminars. Nothing in this section prohibits administrators from receiving compensation for conducting seminars for, or making presentations to, public educational entities other than the public educational entity employing them.

History. Acts 2001, No. 1599, § 6; 2009, No. 376, § 47; 2011, No. 878, § 2; 2013, No. 608, § 3; 2015, No. 846, § 33; 2019, No. 910, §§ 1756-1758.

Amendments. The 2009 amendment made minor stylistic changes in (c)(7).

The 2011 amendment inserted (c)(3)((B)(iii); substituted “twenty (20) days” for “ten (10)” days in (c)(4)(A) and (c)(4)(B); substituted “twenty-day” for “ten-day” in (c)(4)(C); and substituted “two (2) complete and consecutive fiscal years” for “two (2) years” in (c)(5).

The 2013 amendment inserted “under their respective record retention policies” following “maintain” in (c)(6).

The 2015 amendment substituted “a member of an administrator’s family” for “beginning July 1, 2002, a member of an administrator’s immediate family” in (b)(2)(A).

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b)(2)(A); and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c)(3)(B)(iii) and (c)(6).

6-24-107. Employees.

  1. General Provision. Except as otherwise provided, it is a breach of the ethical standards of this chapter for an employee to contract with the public educational entity employing him or her if the employee has knowledge that he or she is directly interested in the contract.
  2. Exceptions.
    1. Approval by Board.
      1. In unusual and limited circumstances, a public educational entity's board may approve a contract between the public educational entity and an employee if the board determines that the contract is in the best interest of the public educational entity.
        1. The approval by the public educational entity's board shall be documented by written resolution after fully disclosing the reasons justifying the contract in an open meeting.
        2. The resolution shall state the unusual circumstances necessitating the contract and shall document the restrictions and limitations of the contract.
      2. Any board member directly or indirectly interested in the proposed contract shall leave the meeting until the voting on the issue is concluded, and the absent member shall not be counted as having voted.
    2. Independent Approval.
        1. If it appears that the total transactions with an employee for a fiscal year total, or will total, ten thousand dollars ($10,000) or more, the superintendent or other chief administrator of the public educational entity shall forward the written resolution along with all relevant data to the Commissioner of Elementary and Secondary Education for independent review and approval.
        2. The written resolution and other relevant data shall be sent by certified mail, return receipt requested, or other method approved by the State Board of Education to assure that adequate notice has been received by the Division of Elementary and Secondary Education and to provide a record for the school district board of directors sending the request for approval.
        1. Upon review of the submitted data, the commissioner shall, within twenty (20) days of receipt of the resolution and other relevant data, approve or disapprove in writing the board's request.
          1. The commissioner may request additional information or testimony before ruling on a request.
          2. If additional data is needed for a proper determination, the commissioner shall approve or disapprove the contract within twenty (20) days of receipt of the additional requested data.
        2. If the commissioner does not respond to the public educational entity within the twenty-day period or request additional time or data for a proper review of the contract, the contract shall be deemed to be approved by the commissioner.
        1. If approved, the commissioner shall issue an approval letter stating all relevant facts and circumstances considered and any restrictions or limitations pertaining to the approval.
          1. The commissioner may grant the approval for a particular transaction or a series of related transactions.
          2. However, approval shall not be granted for a period greater than two (2) complete and consecutive fiscal years.
      1. No contract subject to the commissioner's review and approval shall be valid or enforceable until an approval letter has been issued by the commissioner or the commissioner fails to respond to the public educational entity within the time periods specified in this section.
  3. Documentation. The division and the public educational entity shall maintain, under their respective record retention policies, a record and copy of all documentation relating to transactions with employees.
  4. Providing False or Incomplete Information. Any employee or other person knowingly furnishing false information or knowingly not fully disclosing relevant information necessary for a proper determination by the public educational entity or the commissioner shall be guilty of violating the provisions of this chapter.
  5. “Contract” Defined. For the purposes of this section, the term “contract” does not apply to employment contracts issued to public educational entity employees or other transactions for the performance of teaching or other related duties such as, but not limited to, bus driving, sponsorship of clubs or activities, or working at school-sponsored events.
  6. Technology Employees. All transactions involving the purchase, lease, acquisition, or other use of computers, software, copiers, or other electronic devices from family members of an employee responsible for establishing specifications or approving purchases of such equipment shall be approved according to the requirements of this section regarding the purchase from an employee with a direct interest in the transaction.

History. Acts 2001, No. 1599, § 7; 2011, No. 878, § 3; 2013, No. 608, § 4; 2015, No. 846, § 34; 2019, No. 910, §§ 1759, 1760.

Amendments. The 2011 amendment inserted “written” preceding “resolution” in (b)(2)(A)(i) and (b)(2)(A)(ii); inserted “district board of directors” following “school” in (b)(2)(A)(ii); substituted “twenty (20) days” for “ten (10)” days in (b)(2)(B)(i) and (b)(2)(B)(ii); substituted “twenty-day” for “ten-day” in (b)(2)(B)(iii); and substituted “two (2) complete and consecutive fiscal years” for “two (2) years” in (b)(2)(C).

The 2013 amendment inserted “under their respective record retention policies” in (c).

The 2015 amendment substituted “ten thousand dollars ($10,000)” for “five thousand dollars ($5,000)” in (b)(2)(A)(i).

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b)(2)(A)(i); substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(2)(A)(ii); and substituted “division” for “department” in (c).

6-24-108. Reimbursement of expenses.

Nothing in this chapter prevents board members, administrators, or employees from being reimbursed by the appropriate public educational entity for necessary and documented travel or other job-related expenses.

History. Acts 2001, No. 1599, § 8.

6-24-109. Emergency purchases.

  1. The provisions of this chapter do not apply to emergency purchases.
  2. Emergency purchases shall only be used for the preservation of life, health, or public property, and shall not be used to substantially improve the condition of an asset before the emergency.
  3. Each public educational entity shall maintain records and copies of all documentation relating to and supporting a determination that transactions qualify as emergency purchases.
  4. Any person using emergency purchases to avoid the intent of this chapter shall be guilty of violating the provisions of this chapter.

History. Acts 2001, No. 1599, § 9.

6-24-110. General ethical standards for nonemployees.

Any effort by a nonemployee to influence any public educational entity board member, administrator, or employee to breach the standards of ethical conduct stated in this chapter is a breach of ethical standards and punishable under the criminal penalties set forth in this chapter.

History. Acts 2001, No. 1599, § 10.

6-24-111. Restrictions on employment of present and former administrators.

    1. Unless written approval is granted by the Commissioner of Education, it is a breach of the ethical standards of this chapter for administrators to be or become the employee, agent, or independent contractor of any party contracting with the public educational entity the administrators serve.
    2. The commissioner's approval letter shall be filed with and maintained by the public educational entity employing the administrator.
  1. Unless written approval is granted by the commissioner, it is a breach of the ethical standards of this chapter for administrators to engage in selling or attempting to sell commodities or services to the public educational entity they served or were employed by for one (1) year following the date employment or service ceased.

History. Acts 2001, No. 1599, § 11.

6-24-112. Gratuities and kickbacks.

  1. It is a breach of the ethical standards of this chapter for any person to offer, give, or agree to give any board member, administrator, or employee a gratuity or an offer of employment in connection with any contract or transaction of a public educational entity.
  2. It is a breach of the ethical standards of this chapter for any board member, administrator, or employee to solicit, demand, accept, or agree to accept from another person or entity a gratuity or an offer of employment in connection with any contract or transaction of a public educational entity.
  3. It is a breach of the ethical standards of this chapter for any payment, gratuity, or offer of employment to be made by or on behalf of a person or an entity as an inducement for the award of a contract or transaction with a public educational entity.
  4. The State Board of Education shall issue specific rules regarding educational or work-related travel, conventions, seminars, and other benefits provided by vendors.

History. Acts 2001, No. 1599, § 12; 2019, No. 315, § 316.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (d).

6-24-113. Awards and grants.

Nothing in this chapter prohibits administrators or employees of public educational entities from receiving monetary or other awards, grants, or benefits from entities generally recognized as providing benefits based upon exceptional skills or exemplary contributions to education.

History. Acts 2001, No. 1599, § 13.

6-24-114. Administrative remedies applicable to administrators and employees.

    1. The Division of Elementary and Secondary Education may review alleged violations of this chapter. If the division reviews the allegations and the Commissioner of Elementary and Secondary Education determines that there is adequate evidence of a violation, the commissioner may refer the allegations to the State Board of Education for review.
    2. Upon the state board's approval to review the alleged violation and after reasonable notice in writing to all parties, the state board may schedule a hearing to determine whether an administrator or employee has knowingly violated the provisions of this chapter.
    3. After presentation of all evidence, if the state board determines that the administrator or employee knowingly violated the provisions of this chapter, the state board may provide any or all of the following administrative remedies:
      1. Issue a letter of reprimand; or
      2. Suspend or revoke the administrator's or teacher's Arkansas teaching license for a definite period, or permanently.
    1. After reasonable notice and opportunity for a hearing, a board of a public educational entity may take appropriate administrative remedies against an administrator or employee that has allegedly violated the provisions of this chapter.
    2. If an administrator or employee of a public educational entity is charged by the prosecuting attorney for a possible violation of this chapter, the public educational entity's board may, after reasonable notice and opportunity for a hearing, place the individual charged on leave, with or without pay, dismiss the individual, or provide any other proper administrative remedy.
    3. If the individual is dismissed by the board due to charges being filed for an alleged violation of this chapter, any employment contracts with the public educational entity shall be deemed void from the date of the action of the board.

History. Acts 2001, No. 1599, § 14; 2019, No. 910, § 1761.

Amendments. The 2019 amendment, in (a)(1), substituted “Division of Elementary and Secondary Education” for “Department of Education” in the first sentence, and in the second sentence, substituted “division” for “department” and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education”.

6-24-115. Criminal penalties.

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

History. Acts 2001, No. 1599, § 15.

6-24-116. Request for review of transactions.

At the request of a board of a public educational entity, the executive administrator at a public educational entity, the Commissioner of Education, or the Legislative Joint Auditing Committee, the appropriate prosecuting attorney shall review contracts or transactions for compliance with the provisions of this chapter.

History. Acts 2001, No. 1599, § 16; 2003, No. 670, § 1.

6-24-117. Board position vacant upon conviction.

If a board member is found guilty of violating the provisions of this chapter, the board member shall immediately cease to be a board member, the position is declared vacant, and a replacement shall be named as provided by law.

History. Acts 2001, No. 1599, § 17.

6-24-118. Enforcement.

  1. It shall be the duty and responsibility of the prosecuting attorneys to supervise compliance with this chapter and prosecute persons who violate the chapter.
  2. If the prosecuting attorney fails or refuses to enforce this chapter when the facts are known by the prosecuting attorney, or are called to his or her attention, the Attorney General or any citizen of this state may bring mandamus proceedings to compel the prosecuting attorney to perform his or her duties.
  3. All criminal actions related to alleged violations of this chapter shall be filed in circuit court and shall be subject to the criminal rules and procedures of this state.

History. Acts 2001, No. 1599, § 18.

6-24-119. Rules.

In order to administer the provisions of this chapter, the State Board of Education shall adopt rules consistent with the provisions and intent of this chapter.

History. Acts 2001, No. 1599, § 19; 2019, No. 315, § 317.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in the section heading and in the section.

6-24-120. [Repealed.]

Publisher's Notes. This section, concerning penalties, was repealed by Acts 2009, No. 1469, § 24. The section was derived from Acts 2003, No. 1738, § 6; 2007, No. 617, § 31.

Chapter 25 Public School Library Media and Technology Act

6-25-101. Legislative intent.

  1. It is the intent of the General Assembly to articulate the functions served by each of the components of a school library media services program.
  2. The General Assembly is committed to the development and improvement of strong library media programs in all schools.
  3. It is the intent of the General Assembly that library media specialists be given time to fulfill their responsibilities under this subchapter.

History. Acts 2003, No. 1786, § 1.

6-25-102. Title.

This chapter shall be known and may be cited as the “Public School Library Media and Technology Act”.

History. Acts 2003, No. 1786, § 2.

6-25-103. Library media services program — Definition.

  1. A “library media services program” means a program of information and media services in schools delivered by a library media specialist whose job includes duties as:
    1. An information specialist whose primary job function is to:
      1. Provide resources available to patrons through a systematically developed collection within the school and through access to resources outside the school;
      2. Provide assistance to patrons in identifying, locating, and interpreting information housed in and outside the library media center;
      3. Provide learning opportunities related to new technologies, use, and production of a variety of media formats; and
        1. Provide instruction in the use of the library media center.
        2. Elementary class sessions for a library media specialist shall be limited as provided under subdivision (b)(1) of this section;
    2. An instructional consultant whose primary job function is to:
      1. Participate in building district, department, and grade-level curriculum development and assessment projects;
      2. Provide professional development in new and emerging technologies, use of appropriate technologies, incorporation of technology into the instructional program, and in the laws and policies pertaining to the use and communication of ideas and information, including copyright law; and
      3. Keep patrons informed of new acquisitions of software and hardware and instruct patrons in their optimal use; and
    3. A teacher of information and technology skills whose primary job function is to:
      1. Provide assistance in the use of technology to access information and networks that will enhance access to resources;
      2. Develop and implement a plan that ensures that skills are taught in a logical sequence for kindergarten through grade twelve (K-12);
      3. Provide expertise and instruction in the use of electronic retrieval systems such as electronic card catalogues and computer-generated bibliographies; and
      4. Provide instruction in the use of the library media center.
    1. No less than one-third (1/3) of the library media specialist's time shall be spent as an information specialist, allowing time for administrative tasks such as ordering books and materials, processing items for usage, planning finances and accountability, organizing, directing, and evaluating the library media program, and other management duties.
    2. Class size shall be as set forth in the Standards for Accreditation of Arkansas Public Schools and School Districts.

History. Acts 2003, No. 1786, § 3; 2005, No. 1962, § 13.

6-25-104. Library media specialist.

    1. Only trained and certified library media services program personnel shall be assigned to carry out duties of the library media specialist.
    2. Library media clerks may carry out clerical duties supervised by the library media specialist.
  1. Duties that interfere with library media center responsibilities may not be assigned outside the library media center for the library media specialist.
  2. Equipment and personnel shall be available for the developmentally appropriate production of a wide range of media for students and faculty.

History. Acts 2003, No. 1786, § 4.

6-25-105. Establishment of guidelines for selection, removal, and retention of materials.

  1. Media centers shall have written policies to establish guidelines for the selection, removal, and retention of materials.
  2. The school district shall have a written policy for addressing challenged material.

History. Acts 2003, No. 1786, § 5.

6-25-106. Provision of resources.

The school media collection should provide resources that contribute to lifelong learning while accommodating a wide range of differences in instructional methods, interest, and capabilities.

History. Acts 2003, No. 1786, § 6.

Chapter 26 Arkansas Teacher Housing Development Act

6-26-101 — 6-26-305. [Repealed.]

Publisher's Notes. This chapter, concerning the Arkansas Teacher Housing Development Act, was repealed by identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 4. The chapter was derived from the following sources:

6-26-101. Acts 2003 (2nd Ex. Sess.), No. 39, § 1.

6-26-102. Acts 2003 (2nd Ex. Sess.), No. 39, § 1; 2013, No. 1138, § 71.

6-26-103. Acts 2003 (2nd Ex. Sess.), No. 39, § 1.

6-26-104. Acts 2003 (2nd Ex. Sess.), No. 39, § 1.

6-26-201. Acts 2003 (2nd Ex. Sess.), No. 39, § 1; 2005, No. 2044, § 3.

6-26-202. Acts 2003 (2nd Ex. Sess.), No. 39, § 1.

6-26-301. Acts 2003 (2nd Ex. Sess.), No. 39, § 1.

6-26-302. Acts 2003 (2nd Ex. Sess.), No. 39, § 1.

6-26-303. Acts 2003 (2nd Ex. Sess.), No. 39, § 1; 2013, No. 1138, § 72.

6-26-304. Acts 2003 (2nd Ex. Sess.), No. 39, § 1; 2009, No. 376, § 48.

6-26-305. Acts 2003 (2nd Ex. Sess.), No. 39, § 1.

Chapter 27 Educational Access for Military Children

6-27-101 — 6-27-113. [Repealed.]

Publisher's Notes. This chapter, concerning educational access for military children, was repealed by Acts 2013, No. 146, § 2. The chapter was derived from the following sources:

6-27-101. Acts 2009, No. 314, § 1.

6-27-102. Acts 2009, No. 314, § 1.

6-27-103. Acts 2009, No. 314, § 1.

6-27-104. Acts 2009, No. 314, § 1.

6-27-105. Acts 2009, No. 314, § 1.

6-27-106. Acts 2009, No. 314, § 1.

6-27-107. Acts 2009, No. 314, § 1.

6-27-108. Acts 2009, No. 314, § 1.

6-27-109. Acts 2009, No. 314, § 1.

6-27-110. Acts 2009, No. 314, § 1.

6-27-111. Acts 2009, No. 314, § 1.

6-27-112. Acts 2009, No. 314, § 1; 2011, No. 981, § 15.

6-27-113. Acts 2009, No. 314, § 1; 2011, No. 1223, § 5.

Chapters 28-39

[Reserved.]

Subtitle 3. Special Educational Programs

Chapter 40 General Provisions

[Reserved.]

Chapter 41 Children with Disabilities

Cross References. Early intervention program for infants and toddlers, § 20-14-501 et seq.

Research References

ALR.

Educational placement of handicapped children. 23 A.L.R.4th 740.

Tort liability of public school or government agency for misclassification or wrongful placement of student in special education program. 33 A.L.R.4th 1166.

Ark. L. Rev.

Note, “Appropriate Education” for Handicapped Children in the Eighth Circuit, 35 Ark. L. Rev. 519.

U. Ark. Little Rock L.J.

Notes, Handicapped Law — Education For All Handicapped Children Act Does Not Require States To Provide Best Possible Option. Springdale School Dist. No. 50 v. Grace, 693 F.2d 41 (8th Cir. 1982), cert. denied, Springdale School Dist. v. Grace, 103 S. Ct. 2086, 461 U.S. 927, 77 L. Ed. 2d 298 (1983), 6 U. Ark. Little Rock L.J. 571.

Subchapter 1 — General Provisions

Effective Dates. Acts 1983 (1st Ex. Sess.), No. 100, § 6: Nov. 9, 1983. Emergency clause provided: “It is hereby found and determined by the Seventy-Fourth General Assembly, meeting in Extraordinary Session, that the Supreme Court has ruled unconstitutional the State's formula of distributing Minimum Foundation Aid from the Public School Fund to local school districts and that the continuation of state programs, grants and aids to these local school districts is essential and vital to all its citizens to prevent substantial loss to districts resulting from the new distribution formula. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval.”

Acts 1987, No. 1048, § 19: July 1, 1987. Emergency clause provided: “It is hereby found and determined by the Seventy-Sixth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1987 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1987 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1987.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-41-101. Services to children with disabilities in nonpublic schools.

  1. Before expending any funding for new programs for children with disabilities that include funding for evaluation, counseling, assessment, personnel, equipment, or other capital outlay in other than public schools, the Division of Career and Technical Education shall publish a public notice of the intent to provide additional special services to children with disabilities, specifying the services in the public notice, and inviting organizations that are recognized by the state to provide education, assessment, jobs skills training, or vocational education to children with disabilities to submit proposals to provide the additional special services.
  2. The division may award one (1) or more contracts to any organization that can fulfill the goals and objectives of the program, or the division may assume responsibility for implementing the program.

History. Acts 1987, No. 1048, § 12; 1993, No. 294, § 14; 1999, No. 1323, § 25; 2019, No. 910, § 1762.

A.C.R.C. Notes. Former § 6-41-101, concerning services to children with disabilities in nonpublic schools, is deemed to be superseded by this section. The former section was derived from Acts 1985, No. 706, § 10; A.S.A. 1947, § 80-2144.

Amendments. The 2019 amendment substituted “Division of Career and Technical Education” for “Department of Career Education” in (a); substituted “division” for “department” twice in (b); and made a stylistic change.

6-41-102. Extended year program.

School districts shall establish and implement extended year programs for school-age children with disabilities for periods beyond the normal school year in accordance with each student's individualized education program.

History. Acts 1983 (1st Ex. Sess.), No. 100, § 4; A.S.A. 1947, § 80-2145; Acts 1993, No. 294, § 14; 1999, No. 391, § 22; 2017, No. 874, § 1.

Amendments. The 2017 amendment rewrote the section.

6-41-103. Identification of children with disabilities.

  1. Each local educational agency in the state shall:
    1. Ensure that all children with disabilities within its jurisdiction and in need of special education and related services are identified, located, and evaluated, regardless of the severity of their disability, including without limitation:
      1. Children with disabilities attending private schools;
      2. Highly mobile children with disabilities, including migrant children;
      3. Children who are suspected of having a disability and need special education even though they are advancing from grade to grade; and
      4. Children with disabilities who are homeless or wards of the state; and
    2. Develop and maintain a written child-find plan outlining the systematic and continuous efforts it will undertake to meet its responsibilities as described in subdivision (a)(1) of this section.
  2. The State Board of Education shall adopt rules necessary to implement this section.

History. Acts 1991, No. 338, §§ 1-4; 2017, No. 874, § 1.

Amendments. The 2017 amendment deleted “specific learning” preceding “disabilities” in the section heading; and rewrote the section.

6-41-104. Services for children determined in another state to be eligible for services due to behavioral disability.

  1. This section applies to a child who:
    1. Enrolls for the first time in special education services at an Arkansas public school; and
    2. Has been previously determined by a school district in another state to be eligible for special education services due to a behavioral disability.
  2. The Arkansas public school district shall conduct an evaluation of the child consistent with federal and state rules to determine the appropriate special education disability category recognized in this state, if any.
    1. If a child with a disability who had an individualized education program that was in effect in a previous public agency in another state transfers to a public agency in this state and enrolls in a new school within the same school year, the new public agency in consultation with the parents must provide the child with free appropriate public education including services comparable to those described in the child's individualized education program from the previous public agency until such time as the new public agency:
      1. Conducts an evaluation pursuant to 34 C.F.R. § 300.304 through 34 C.F.R. § 300.306, if determined to be necessary by the new public agency; and
      2. Develops, adopts, and implements a new individualized education program, if appropriate, that meets the applicable requirements in 34 C.F.R. § 300.320 through 34 C.F.R. § 300.324.
    2. If the child's behavior results in an out-of-school suspension of ten (10) or more consecutive or nonconsecutive days or an expulsion during the period of time the child receives special education services under the disability category of behavioral disability, the child's individualized education program team shall meet to review the child's individualized education program, including the behavioral needs of the child and the current placement of the child, consistent with federal and state rules dealing with special education and related services.
  3. The Division of Elementary and Secondary Education shall have the authority to promulgate rules as necessary to carry out the provisions of this section.

History. Acts 2009, No. 377, § 1; 2019, No. 910, § 1763.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (d).

Subchapter 2 — Children with Disabilities Act of 1973

Effective Dates. Acts 1973, No. 102, § 29: Feb. 12, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is essential to promote the public policy of this state to provide adequate education opportunities for all young people in this state, including handicapped children, that the provisions of this Act take effect on July 1, 1973; that due to the unusual workload on the Sixty-Ninth General Assembly it may be necessary to extend the session which could delay the effective date of this Act beyond July 1, 1973 unless an emergency is declared as authorized in Amendment 7 to the Constitution of Arkansas. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2005, No. 1426, § 7: Mar. 30, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court has determined that current public school academic facilities in Arkansas are inadequate and inequitable; that the General Assembly established the Joint Committee on Educational Facilities to inventory the current condition of public school academic facilities and recommend methods for bringing those facilities into conformity with the court's constitutional expectations; that the programs established in this act are derived from recommendations of the joint committee and are part of a comprehensive state program for overseeing the provision of constitutionally appropriate public school academic facilities across the state; and that this program must be implemented immediately for the good of public school students in the State of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

U. Ark. Little Rock L.J.

Streett, The Individuals with Disabilities Education Act, 19 U. Ark. Little Rock L.J. 35.

6-41-201. Title.

This subchapter shall be known as the “Children With Disabilities Act of 1973”.

History. Acts 1973, No. 102, § 1; A.S.A. 1947, § 80-2115; Acts 1993, No. 294, § 14.

6-41-202. Purposes and applicability.

    1. It is the policy of this state to provide and to require school districts to provide, as an integral part of the public schools, a free appropriate public education for students with disabilities.
    2. The State Board of Education is expressly authorized to assign responsibility for providing free appropriate public education of any child with a disability to an appropriate school district.
  1. The provisions of this section shall apply to all political subdivisions of the state that are involved in the education of children with disabilities, including without limitation the state educational agency, local educational agencies, educational service agencies, public charter schools that are not otherwise included as local educational agencies or educational service agencies and are not a school of a local educational agency or educational service agency, other state agencies and schools, including without limitation the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services and state schools for children with deafness or children with blindness, and state and local juvenile and adult correction facilities.
  2. The provisions of this section shall be binding on each public agency in the state that provides special education and related services to children with disabilities, regardless of whether that agency is receiving funds under Part B of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.
  3. Each public agency in the state is responsible for ensuring that the rights and protections under Part B of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., are given to children with disabilities referred to or placed in private schools and facilities by that public agency or placed in private schools by their parents under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.
  4. The state educational agency is responsible for ensuring that the requirements of this section are carried out and that each educational program for children with disabilities administered within the state, including without limitation each program administered by any other state or local agency, is under the general supervision of the persons responsible for educational programs for children with disabilities in the state educational agency and meets the educational standards of the state educational agency, including without limitation the requirements of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.

History. Acts 1973, No. 102, §§ 2, 17; 1979, No. 1055, § 1; A.S.A. 1947, §§ 80-2116, 80-2131; Acts 1989, No. 703, § 1; 1993, No. 294, § 14; 2005, No. 2151, § 27; 2007, No. 1573, § 34; 2017, No. 913, § 23.

Amendments. The 2017 amendment substituted “Division of Aging, Adult, and Behavioral Health Services” for “Division of Behavioral Health Services” in (b).

Research References

ALR.

Provision of “Free Appropriate Public Education” to Student With Attention-Deficit Hyperactivity Disorder (ADHD) Under Individuals With Disabilities Education Act or Rehabilitation Act of 1973. 88 A.L.R. Fed. 2d 1 (2014).

6-41-203. Definitions.

As used in this subchapter:

  1. “A child with a disability” means a person evaluated in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as having an intellectual disability, a hearing impairment, including without limitation deafness, a speech or language impairment, a visual impairment, including without limitation blindness, emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, other health impairments, a specific learning disability, deaf-blindness, or multiple disabilities and who, by reason thereof, needs special education and related services;
  2. “Board” means the State Board of Education;
  3. “Free appropriate public education” means special education and related services that:
    1. Are provided at public expense, under public supervision, and without charge;
    2. Meet the standards of the Division of Elementary and Secondary Education and the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on January 1, 2017;
    3. Include an appropriate preschool, elementary school, or secondary school education; and
    4. Are provided in conformity with an individualized education program that meets the requirements of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on January 1, 2017; and
    1. “Special education” means specially designed instruction at no cost to the parents to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, in other settings, and instruction in physical education.
    2. Special education includes each of the following, if the services otherwise meet the requirements of this definition:
      1. Speech-language pathology services or any other related service if the service is considered special education rather than a related service under state standards;
      2. Travel training; and
      3. Vocational education.

History. Acts 1973, No. 102, §§ 2, 10, 11; 1975, No. 641, § 4; 1979, No. 1055, § 1; A.S.A. 1947, §§ 80-2116, 80-2124, 80-2125; Acts 1989, No. 943, § 1; 1991, No. 204, § 1; 1991, No. 823, § 1; 1993, No. 294, § 14; 1999, No. 391, §§ 23, 24; 2007, No. 1573, § 35; 2017, No. 874, §§ 2, 3; 2019, No. 910, § 1764.

Amendments. The 2017 amendment, in (1), deleted “between three (3) and twenty-one (21) years of age” following “a person”, substituted “an intellectual disability” for “mental retardation”, and deleted “a serious” preceding “emotional disturbance”; and added the definition for “Free appropriate public education”.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (3)(B).

6-41-204. Least restrictive environment.

  1. Each public agency shall ensure that:
    1. To the maximum extent appropriate, a child with a disability, including a child in a public or private institution or other care facility, is educated with children who are nondisabled; and
    2. Special classes, separate schooling, or other removal of a child with a disability from the regular educational environment may occur only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
  2. The state funding mechanism shall not:
    1. Result in placements that violate the requirements of subsection (a) of this section; or
    2. Distribute funds on the basis of the type of setting in which a child is served in a manner that results in the failure to provide a child with a disability free appropriate public education according to the unique needs of the child with a disability, as described in the child's individualized education program.

History. Acts 1973, No. 102, § 4; A.S.A. 1947, § 80-2118; Acts 1993, No. 294, § 14; 2007, No. 1573, § 36.

6-41-205. Provision for education.

  1. The state shall make available a free appropriate public education to each child with a disability from three (3) years of age until the end of the school year in which the child turns twenty-one (21) years of age.
  2. The State Board of Education shall provide or cause to be provided by school districts, or in some cases by other departments of state government, by institutions, or by private facilities, all regular and special education, corrective, and supporting services required by children with disabilities to the end that they shall receive the benefits of a free and appropriate public education.

History. Acts 1973, No. 102, § 3; A.S.A. 1947, § 80-2117; Acts 1993, No. 294, § 14; 1999, No. 391, § 25; 2017, No. 874, § 4.

Amendments. The 2017 amendment added (a); and designated the existing language as (b).

6-41-206. Responsibilities of state and school districts.

    1. The responsibility of school districts and the state to provide free public education for children with disabilities is not diminished by the availability of private schools and services.
    2. Whenever private schools and services are utilized, it continues to be the responsibility of the appropriate local school district and the State Board of Education to assure an appropriate quantity and quality of instructional and related services, to assure the protection of all other rights, and to ascertain that all children with disabilities receive the educational and related services and rights to which the law of this state entitles them.
  1. It shall be the responsibility of the local school district and the state to provide a free and appropriate public education based upon the individualized education program developed for the child.

History. Acts 1973, No. 102, § 9; 1975, No. 641, § 3; A.S.A. 1947, § 80-2123; Acts 1989, No. 703, §§ 2, 3; 1993, No. 294, § 14; 1999, No. 391, § 26; 2007, No. 1573, § 37.

6-41-207. Duties of the State Board of Education.

  1. The State Board of Education is empowered to initiate, inspect, approve, and supervise a program of education for children with disabilities as defined in this subchapter.
  2. It is also designated as the agency for cooperation with the state and United States governments, the approved treatment centers, the institutions, and the local schools in carrying out the provisions of this subchapter.
  3. The state board shall make the necessary rules in keeping with the provisions of this subchapter and shall employ the necessary personnel for the proper administration of this subchapter if funds are made available for this purpose.
  4. The state board shall have authority to require such reports as it deems advisable so long as the requirements are in keeping with this subchapter.
  5. The state board, in keeping with federal requirements, is designated as the agency having general educational supervision over public agencies which provide educational services to children with disabilities as defined in this subchapter to ensure that each public agency complies with state rules and federal regulations pursuant to the education of children with disabilities.
    1. The state board, in compliance with federal enforcement requirements, is authorized to disallow the generation of all state aid to children with disabilities to any local school district or education service cooperative that fails to comply with state rules and federal regulations, as determined by independent hearing officers, agency hearing decisions, agency complaint investigation decisions, agency compliance monitoring reports, or agency jurisdictional decisions.
    2. The state board is authorized to set aside funds disallowed under this subsection and to utilize such funds for the provision of a free and appropriate public education to appropriate children with disabilities.

History. Acts 1973, No. 102, §§ 14, 24; A.S.A. 1947, §§ 80-2128, 80-2138; Acts 1989, No. 703, § 4; 1993, No. 294, § 14; 2019, No. 315, §§ 318-320.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (c); and inserted “rules” in (e) and (f)(1).

6-41-208. Contracts for services.

  1. The State Board of Education is granted authorization to contract primarily for appraisal and support services with the Department of Human Services, physicians, or other individuals or organizations that, in the opinion of the board, possess the necessary expertise to warrant a contract.
  2. In the event of contract, fees paid by the board may not exceed the amounts that would be paid by a private individual for those services.

History. Acts 1973, No. 102, § 6; 1975, No. 641, § 10; A.S.A. 1947, § 80-2120.

6-41-209. Cooperation among state agencies.

The State Board of Education is granted authority to and is directed to cooperate with the Department of Human Services and with available treatment institutions and qualified individuals in order to provide diagnostic services to children with disabilities in need of such services.

History. Acts 1973, No. 102, § 13; 1975, No. 641, § 5; A.S.A. 1947, § 80-2127; Acts 1993, No. 294, § 14.

6-41-210. Special Education Unit for children with disabilities.

  1. There is established in the Division of Elementary and Secondary Education a Special Education Unit.
  2. The unit shall be headed by a director, who shall be qualified by education, training, and experience to take responsibility for, and give direction to, the programs of the division relating to children with disabilities.
  3. Implementation of this section shall be dependent upon funds being made available to the division for this purpose.

History. Acts 1973, No. 102, § 12; A.S.A. 1947, § 80-2126; Acts 1993, No. 294, § 14; 2019, No. 757, § 59; 2019, No. 910, § 1765.

Amendments. The 2019 amendment by No. 757 substituted “Special Education Unit” for “Special Education Section” in (a); and substituted “unit” for “section” and “a director” for “an associate director” in (b).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” in (b) and (c).

6-41-211. Advisory Council for the Education of Children with Disabilities.

    1. There shall be an Advisory Council for the Education of Children with Disabilities, which shall advise and consult with the Commissioner of Elementary and Secondary Education and the Director of the Special Education Unit and which shall engage in such other activities as are set forth in this section.
    2. The council shall be advisory only and shall have no administrative responsibility or authority.
    1. The council shall be composed of individuals involved in, or concerned with, the education of children with disabilities, including:
      1. Parents of persons from birth to twenty-six (26) years of age with disabilities;
      2. Individuals with disabilities;
      3. Teachers;
      4. Representatives of institutions of higher education that prepare special education and related services personnel;
      5. State and local education officials, including officials who carry out activities under subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11431 et seq.;
      6. Administrators of programs for children with disabilities;
      7. Representatives of other state agencies involved in the financing or delivery of related services to children with disabilities;
      8. Representatives of private schools and public charter schools;
      9. Not fewer than one (1) representative of a vocational, community, or business organization concerned with the provision of transitional services to children with disabilities;
      10. Representatives from the state juvenile and adult corrections agencies; and
      11. A representative from the Arkansas child welfare agency responsible for foster care.
    2. A majority of the members of the panel shall be individuals with disabilities or parents of persons from birth to twenty-six (26) years of age with disabilities.
    1. The commissioner shall appoint the members of the council for three-year terms.
    2. Appointees may be eligible for reappointment for one (1) term.
  1. Vacancies which leave unexpired terms shall be filled in the regular manner for the unexpired period of time, and vacancies as a result of expiration of terms shall be filled in the regular manner for three-year periods.
  2. The council shall elect annually its own chair and vice chair.
  3. The director shall meet with and act as secretary to the council and, subject to the availability of personnel, facilities, and appropriations, shall furnish meeting facilities and staff services for the council.
  4. The council shall:
    1. Advise the Division of Elementary and Secondary Education of unmet needs within the state in the education of children with disabilities;
    2. Comment publicly on any rules proposed by the state regarding the education of children with disabilities;
    3. Advise the division in developing evaluations and reporting on data to the United States Secretary of Education under 20 U.S.C. § 1418;
    4. Advise the division in developing corrective action plans to address findings identified in federal monitoring reports under Title 20, Chapter 33, Subchapter II of the United States Code; and
    5. Advise the division in developing and implementing policies relating to the coordination of services for children with disabilities.

History. Acts 1973, No. 102, § 15; 1975, No. 641, § 6; A.S.A. 1947, § 80-2129; Acts 1993, No. 294, § 14; 1995, No. 1296, § 30; 1999, No. 391, §§ 27, 28; 2005, No. 2151, § 28; 2009, No. 376, § 49; 2019, No. 315, § 321; 2019, No. 757, § 60; 2019, No. 910, §§ 1766, 1767.

Amendments. The 2009 amendment substituted “Title 20, Chapter 33, Subchapter II of the United States Code” for “this part” in (g)(4).

The 2019 amendment by No. 315 deleted “or regulations” following “rules” in (g)(2).

The 2019 amendment by No. 757 substituted “Director of the Special Education Unit” for “Associate Director of the Special Education Section” in (a)(1).

The 2019 amendment by No. 910, in (a)(1), substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education”; substituted “Division of Elementary and Secondary Education” for “Department of Education” in (g)(1); and substituted “division” for “department” in (g)(3), (g)(4), and (g)(5).

6-41-212. Facilities.

  1. Physical aspects and specifications for buildings, classrooms, and other facilities for, or likely to be used by, children with disabilities shall be approved by the Division of Public School Academic Facilities and Transportation or a designee.
  2. The division or a designee of the division is required to review plans for public school construction or remodeling that are designed for children with disabilities to ensure accessibility and usefulness for that purpose.

History. Acts 1973, No. 102, § 7; A.S.A. 1947, § 80-2121; Acts 1993, No. 294, § 14; 1999, No. 391, § 29; 2005, No. 1426, § 5.

6-41-213. [Repealed.]

Publisher's Notes. This section, concerning the Special Education Materials Center, was repealed by Acts 1999, No. 391, § 30. The section was derived from Acts 1973, No. 102, § 23; A.S.A. 1947, § 80-2137.

6-41-214. Eligibility.

Specific eligibility requirements for admission to these special services shall be the responsibility of the State Board of Education.

History. Acts 1973, No. 102, § 5; 1975, No. 641, § 1; A.S.A. 1947, § 80-2119; Acts 2007, No. 1573, § 38.

6-41-215. Tests and examinations — Evaluation of child.

  1. Every school district shall test and examine, or cause to be tested and examined, each child it believes has disabilities.
  2. The tests and examinations shall be administered in accordance with rules of the State Board of Education.
  3. The evaluation shall be made by a multidisciplinary team or group of persons, including at least one (1) teacher or other specialist with knowledge in the area of suspected disability.
  4. The child shall be assessed in all areas related to the suspected disability, including, when appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities.
  5. No single procedure shall be used as the sole criterion for determining an appropriate educational program for a child.

History. Acts 1973, No. 102, § 19; 1975, No. 641, § 7; 1979, No. 1055, § 2; 1981, No. 829, § 1; 1983, No. 762, § 1; A.S.A. 1947, § 80-2133; Acts 1993, No. 294, § 14; 2019, No. 315, § 322.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (b).

6-41-216. Tests and evaluations — Change of child's status — Hearings.

  1. All decisions pertaining to change in the educational status of a child shall follow due process procedures established by the State Board of Education.
  2. Due process shall include:
    1. Providing for prior notification to parents of testing and provision of special education services;
    2. The right to request educational evaluation and special education services; and
    3. The right to hearing and appeal of educational decisions.
    1. The state board shall prescribe rules governing hearings and appeals.
    2. Hearings shall be conducted by individuals referred to as “hearing officers” under this section.
      1. The Special Education Unit shall establish standards and qualifications for individuals to serve as hearing officers.
      2. Neither an employee of the Division of Elementary and Secondary Education nor an employee of the local school district involved in a particular hearing may serve as a hearing officer.
      3. Professional service contracts with individuals made for the purpose of compensating them for services rendered in connection with hearings shall not constitute employment.
  3. An individual serving as a qualified hearing officer at an assigned hearing shall be immune from civil suit brought by either party for the consequences of actions required of a hearing officer.
    1. An individual serving as a qualified hearing officer under this section shall have the power to issue subpoenas and to bring before him or her as a witness any person in this state.
    2. The hearing officer shall issue a subpoena upon the request of any party to a pending proceeding.
    3. The writ shall be directed to the sheriff of the county where the witness resides or may be found.
    4. The writ may require the witness to bring with him or her any book, writing, or other thing under the witness's control that he or she is bound by law to produce in evidence.
    5. Service of the writ shall be in the manner as provided by law for the service of subpoenas in civil cases.
    1. A witness who has been served by subpoena in the manner provided by law and who shall have been paid or tendered the legal fees for travel and attendance as provided by law shall be obligated to attend for examination of the trial of the cause pending before the due process hearing officer.
    2. In the event that a witness has been served with subpoenas as provided under this section and fails to attend the hearing in obedience to the subpoena, the hearing officer may apply to the circuit court of the county in which the hearing officer is having the hearing for an order causing the arrest of the witness and directing that the witness be brought before the court.
    3. The court shall have the power to punish the disobedient witness for contempt as provided by law in the trial of civil cases.
    4. The disobedient witness shall be liable in damages for nonattendance to the trial or hearing as provided by law.
  4. Any party aggrieved by the findings and final decision made by the hearing officer shall have ninety (90) days from the date of the decision of the hearing officer to bring a civil action with respect to the complaint presented in either federal district court or a state court of competent jurisdiction pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as amended, without regard to the amount, if any, in controversy.

History. Acts 1973, No. 102, § 19; 1975, No. 641, § 7; 1979, No. 1055, § 2; 1981, No. 829, § 1; 1983, No. 762, § 1; A.S.A. 1947, § 80-2133; Acts 1995, No. 203, § 1; 1997, No. 369, § 1; 1997, No. 1182, § 1; 2003, No. 1365, § 1; 2005, No. 2151, § 29; 2017, No. 874, § 5; 2019, No. 315, § 323; 2019, No. 757, § 61; 2019, No. 910, § 1768.

Amendments. The 2017 amendment substituted “due process hearing officer” for “state board” in (f)(1).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (c)(1).

The 2019 amendment by No. 757 substituted “Special Education Unit” for “Special Education Section” in (c)(3)(A).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c)(3)(B).

Research References

ALR.

Construction and Application of 34 C.F.R. § 300.502, and Prior Codifications, Providing for Independent Educational Evaluation under Individuals With Disabilities Education Act, (20 U.S.C. §§ 1400 et seq.). 10 A.L.R. Fed. 3d 2 (2016).

6-41-217. Individualized education program — Definition.

  1. Before any action is taken with respect to the initial placement of a child with disabilities in a special education program, a full and individual evaluation of the child's educational needs must be conducted.
    1. Before placement in special education services, each child must have an individualized education program.
    2. The term “individualized education program” or “IEP” means a written statement for each child with disabilities that is developed, reviewed, and revised in accordance with the requirements of the Individuals with Disabilities Education Act.
    3. The individualized education program shall include:
      1. A statement of the child's present levels of academic achievement and functional performance, including:
        1. How the child's disability affects the child's involvement and progress in the general education curriculum;
        2. For preschool children, as appropriate, how the disability affects the child's participation in appropriate activities; and
        3. For children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives;
      2. A statement of measurable annual goals, including academic and functional goals, designed to:
        1. Meet the child's needs that result from the child's disability in order to enable the child to be involved in and to make progress in the general education curriculum; and
        2. Meet each of the child's other educational needs that result from the child's disability;
      3. A description of how the child's progress toward meeting the annual goals described in subdivision (b)(3)(B) of this section will be measured and when periodic reports will be provided on the progress the child is making toward meeting the annual goals, including, but not limited to, the use of quarterly or other periodic reports, concurrent with the issuance of report cards;
      4. A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child:
        1. To advance appropriately toward attaining the annual goals;
        2. To be involved in and to make progress in the general education curriculum in accordance with this section and to participate in extracurricular and other nonacademic activities; and
        3. To be educated and to participate with other children with disabilities and nondisabled children in the activities described in this section;
      5. An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in this section;
        1. A statement of any individual-appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on statewide and districtwide assessments consistent with the Individuals with Disabilities Education Act, regarding participation in assessments of students with disabilities in all general statewide and districtwide assessment programs.
        2. If the individualized education program team determines that the child shall take an alternative assessment on a particular statewide or districtwide assessment of student achievement, a statement of why:
          1. The child cannot participate in the regular assessment; and
          2. The particular alternate assessment selected is appropriate for the child;
      6. The projected date for the beginning of the services and modifications described in this section, and the anticipated frequency, location, and duration of those services and modifications; and
          1. Beginning not later than the first individualized education plan to be in effect when the child is sixteen (16) years of age and updated annually thereafter, appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and when appropriate, independent living skills.
          2. The individualized education program shall also include the transition services, including courses of study, needed to assist the child in reaching those goals.
        1. Beginning no later than one (1) year before the child reaches the age of majority under state law, a statement that the child has been informed of his or her rights under this title, if any, that will transfer to the child on reaching the age of majority under the Individuals with Disabilities Education Act.
  2. Nothing in this section shall be construed to require the individualized education program team to include information under one (1) component of a child's individualized education program that is already contained under another component of such individualized education program.

History. Acts 1973, No. 102, § 19; 1983, No. 762, § 1; A.S.A. 1947, § 80-2133; Acts 1993, No. 294, § 14; 1999, No. 391, § 31; 2005, No. 2151, § 30; 2009, No. 376, § 50.

Amendments. The 2009 amendment inserted “individualized education program shall also include the” in (b)(3)(H)(i) (b)

U.S. Code. The Individuals with Disabilities Education Act, referred to in this section, is codified primarily as 20 U.S.C. § 1400 et seq.

Research References

ALR.

Construction and Application of 34 C.F.R. § 300.502, and Prior Codifications, Providing for Independent Educational Evaluation under Individuals With Disabilities Education Act, (20 U.S.C. §§ 1400 et seq.). 10 A.L.R. Fed. 3d 2 (2016).

6-41-218. Tests and evaluations — Records.

  1. Every public school district shall make and keep current a list of all children with disabilities tested and examined.
  2. The results of tests and examinations shall be confidential except that the parent or guardian and the child age eighteen (18) or over shall have access to the results, and physicians and other specialists may be given the results with the permission of the parent or guardian or child age eighteen (18) or over.

History. Acts 1973, No. 102, § 21; 1975, No. 641, § 8; A.S.A. 1947, § 80-2135; Acts 1993, No. 294, § 14.

6-41-219. [Repealed.]

Publisher's Notes. This section, concerning tests and evaluations and children in private schools, was repealed by Acts 2017, No. 874, § 6. The section was derived from Acts 1973, No. 102, § 20; A.S.A. 1947, § 80-2134.

6-41-220. Equality in expenditure.

    1. It is the responsibility of school districts to expend effort on behalf of the education of each child with disabilities equal to the effort expended on account of the education of each child who does not have a disability.
    2. Any additional effort necessary to provide supplemental aids and services shall be the ultimate responsibility of the state but shall, to the maximum extent practicable, be the responsibility of the local school districts.
    1. Two (2) or more school districts may join together to establish special classes for children with disabilities.
    2. In such event, one (1) school district shall be designated as the controlling agent, and all reimbursement for the education of children with disabilities from the State Board of Education shall be made to this school district.
    3. Local revenues or tuition from other districts participating in the cooperative will be paid to the controlling school district on an accepted prorated formula per child.

History. Acts 1973, No. 102, §§ 8, 18; 1975, No. 641, § 2; 1979, No. 1055, § 3; A.S.A. 1947, §§ 80-2122, 80-2132; Acts 1993, No. 294, § 14; 2007, No. 1573, § 39.

Cross References. Apportionment of education funds for children with disabilities and foster children, § 6-20-501 et seq.

6-41-221. Receipt and disbursement of federal funds.

    1. The State Board of Education is designated as the state agency to receive and disburse federal funds designed to improve educational opportunities provided for children with disabilities as defined in this subchapter.
    2. The funds shall not include moneys appropriated by the United States Congress that are designated specifically for use by other agencies, institutions, or treatment facilities for children with disabilities.
  1. The specific intention of this section is to provide that the board is designated as the state agency to receive and disburse federal and state funds made available to this state for education of children with disabilities, except as specifically provided for otherwise by the United States Congress or the General Assembly, and no other interpretation shall be given to it.
    1. It is declared to be the intent of the General Assembly that, of the state funds allocated and appropriated to the board for children with disabilities, the board is authorized to spend no more than two percent (2%) of the funds or appropriations, or both, for program costs necessary at the state level to implement the intent of this subchapter.
    2. The costs may include, but are not necessarily limited to, the programs or services benefitting children with disabilities such as consultative services, workshop expenses, institutional materials, council expenses, in-service programs, scholarships for teachers of children with disabilities, and testing programs.
  2. The board shall develop such plans and procedures as may be required in order to receive and disburse federal funds for children with disabilities.

History. Acts 1973, No. 102, §§ 16, 22; 1975, No. 641, § 9; A.S.A. 1947, §§ 80-2130, 80-2136; Acts 1993, No. 294, § 14.

6-41-222. [Repealed.]

Publisher's Notes. This section, concerning a prohibition on supplementing the salaries of full-time state employees, was repealed by Acts 1999, No. 391, § 32. The section was derived from Acts 1973, No. 102, § 25; A.S.A. 1947, § 80-2139.

6-41-223. Reports.

Each school district shall report annually to the State Board of Education at a prescribed due date the extent to which it is at that time providing for the special education for children with disabilities, as necessary to implement the policy of this subchapter.

History. Acts 1973, No. 102, § 17; A.S.A. 1947, § 80-2131; Acts 1993, No. 294, § 14.

Subchapter 3 — Special Education Programs Generally

Cross References. Southern Regional Education Compact, § 6-4-101 et seq.

Effective Dates. Acts 1971, No. 39, § 15: Feb. 4, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly that education of exceptional children in the public schools of the state is vitally necessary. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in effect from the date of its passage and approval.”

Acts 1999, No. 1078, § 92: July 1, 2000.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-41-301 — 6-41-307. [Repealed.]

Publisher's Notes. These sections, concerning purpose, definitions, powers and duties of the State Board of Education generally, school districts and procedures for participation in program, cooperation among school districts, classes in treatment institutions, and appropriations, were repealed by Acts 2017, No. 874, § 7. The sections were derived from:

6-41-301. Acts 1971, No. 39, § 1; A.S.A. 1947, § 80-2101.

6-41-302. Acts 1971, No. 39, § 2; A.S.A. 1947, § 80-2102; Acts 1991, No. 823, § 2; 1999, No. 391, § 33.

6-41-303. Acts 1971, No. 39, § 4; A.S.A. 1947, § 80-2104.

6-41-304. Acts 1971, No. 39, §§ 6, 7; A.S.A. 1947, §§ 80-2106, 80-2107.

6-41-305. Acts 1971, No. 39, § 7; A.S.A. 1947, § 80-2107.

6-41-306. Acts 1971, No. 39, §§ 6, 10; A.S.A. 1947, §§ 80-2106, 80-2110.

6-41-307. Acts 1971, No. 39, § 5; A.S.A. 1947, § 80-2105.

6-41-308. [Repealed.]

Publisher's Notes. This section, concerning the schedule of payments, was repealed by Acts 1999, No. 391, § 34. The section was derived from Acts 1971, No. 39, § 5; A.S.A. 1947, § 80-2105.

6-41-309, 6-41-310. [Repealed.]

Publisher's Notes. These sections, concerning standards for instruction, personnel qualifications, eligibility and limitation, were repealed by Acts 2017, No. 874, § 8. The sections were derived from:

6-41-309. Acts 1971, No. 39, § 8; A.S.A. 1947, § 80-2108.

6-41-310. Acts 1971, No. 39, § 3; A.S.A. 1947, § 80-2103.

6-41-311. [Repealed.]

Publisher's Notes. This section, concerning admissions and discharges, was repealed by Acts 1999, No. 391, § 35. The section was derived from Acts 1971, No. 39, § 11; A.S.A. 1947, § 80-2111.

6-41-312. Reports.

  1. Public school districts and entities receiving state or federal funds to provide special education programming shall keep an accurate account, in the manner and on the forms prescribed by the Division of Elementary and Secondary Education, of all moneys expended for special education programs and shall report those expenditures to the division.
  2. A report of the average daily attendance of all students enrolled, including students receiving instruction in the homebound setting, will be made to the division.

History. Acts 1971, No. 39, § 9; A.S.A. 1947, § 80-2109; Acts 2017, No. 874, § 9; 2019, No. 910, § 1769.

Amendments. The 2017 amendment, in (a), substituted “Public school districts and entities receiving state or federal funds to provide special education programming” for “Local boards of education and treatment institutions”, “Department of Education” for “board”, and “department” for “State Board of Education” at the end; and, in (b), substituted “students receiving instruction in the homebound setting” for “pupils instructed by home teachers showing the number of hours devoted to such work” and “department” for “Department of Education” at the end.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” in (a) and (b).

6-41-313. Contracts for services pursuant to federal law.

  1. The State Board of Education is authorized to contract with a school district and with the boards of other institutions under the control of a public board or commission for services to be provided for exceptional children as provided for in Title VI, Part B of Pub. L. No. 91-230 of 1965, as amended.
  2. School district boards of directors are authorized to contract for services for exceptional children residing in respective school districts or for services rendered in more than one (1) school district in a county if mutual agreements have been signed by the districts affected authorizing one (1) district to contract for two (2) or more school districts in a county.

History. Acts 1971, No. 39, §§ 12, 13; A.S.A. 1947, §§ 80-2112, 80-2113; Acts 1999, No. 1078, § 84.

Subchapter 4 — Improvement of Educational Services for Visually Impaired Students

Publisher's Notes. Former §§ 6-41-4016-41-407, concerning the El Dorado Pilot Program for children with hearing defects, was repealed by Acts 1993, No. 294, § 15. The former subchapter was derived from the following sources:

6-41-401. Acts 1973, No. 582, § 1; A.S.A. 1947, § 80-2140.

6-41-402. Acts 1973, No. 582, § 1; A.S.A 1947, § 80-2140.

6-41-403. Acts 1973, No. 582, § 2; A.S.A. 1947, § 80-2141.

6-41-404. Acts 1973, No. 582, § 2; A.S.A. 1947, § 80-2141.

6-41-405. Acts 1973, No. 582, § 2; A.S.A. 1947, § 80-2141.

6-41-406. Acts 1973, No. 582, § 3; A.S.A. 1947, § 80-2142.

6-41-407. Acts 1973, No. 582, § 4; A.S.A. 1947, § 80-2143.

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-41-401. Legislative findings.

The General Assembly finds that proficiency in braille reading and writing is essential for the satisfactory educational progress of visually impaired students and that braille instruction must be used in combination with other special education services that are appropriate to the educational needs of visually impaired students; therefore, it is hereby declared to be the policy of this state to provide, and to require school districts to provide, all visually impaired students who are enrolled in Arkansas public schools and whose education is adversely affected by their visual disability with an equal opportunity for appropriate instruction. Appropriate instruction shall be designed to enable each visually impaired student to communicate with the same level of proficiency as other students of comparable ability at the same grade level.

History. Acts 1993, No. 483, § 1.

6-41-402. Definitions.

As used in this subchapter:

  1. “Compliance citation” means a citation issued by the Division of Elementary and Secondary Education that documents a school's failure to comply with state education laws; and
  2. “Individualized education program” means the evaluation of the educational needs of a child with disabilities conducted pursuant to § 6-41-217.

History. Acts 1993, No. 483, § 2; 1995, No. 1296, § 31; 1999, No. 391, § 36; 2019, No. 910, § 1770.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (1); and deleted (2) and redesignated (3) as (2).

6-41-403. Assessment of student progress.

  1. Each school district shall ensure that at least one (1) time per year a licensed teacher of the visually impaired, or other qualified person as determined by the Division of Elementary and Secondary Education, conducts an assessment of the educational progress of each visually impaired student enrolled in that school district identified as having or suspected of having a disability pursuant to the Children with Disabilities Act of 1973, § 6-41-201 et seq. The assessment shall:
    1. Address the student's need for braille instruction, using procedures developed by the division, and specify the learning medium most appropriate for the student's educational progress;
    2. Identify the student's strengths and weaknesses in braille skills when that medium is used for instruction; and
    3. Identify appropriate and necessary related services and technologies for use in combination with braille instruction.
  2. The results of the assessment shall be used to develop the student's individualized education program.

History. Acts 1993, No. 483, § 3; 2009, No. 376, § 51; 2013, No. 1138, § 73; 2019, No. 910, §§ 1771, 1772.

Amendments. The 2009 amendment substituted “individualized education program” for “individual education plan” in (b).

The 2013 amendment substituted “licensed teacher” for “certified teacher” in (a).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (a); and substituted “division” for “department” in (a)(1).

6-41-404. Braille instruction.

Each student who needs braille reading and writing instruction shall receive instruction from either a licensed teacher of the visually impaired or a person who is qualified in braille instruction as determined by the Division of Elementary and Secondary Education.

History. Acts 1993, No. 483, § 4; 2013, No. 1138, § 74; 2019, No. 910, § 1773.

Amendments. The 2013 amendment substituted “licensed teacher” for “certified teacher”.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education”.

6-41-405. Electronic textbooks.

  1. The Division of Elementary and Secondary Education shall have the authority to require publishers of textbooks to furnish electronic media for the text portion of those textbooks required by visually impaired students.
  2. The electronic media shall be immediately capable of being electronically translated into braille or large print by computer or other electronic media.
  3. When braille code translation allows, publishers shall furnish electronic media for the nontextual portion of textbooks.

History. Acts 1993, No. 483, § 6; 2019, No. 910, § 1774.

A.C.R.C. Notes. As originally enacted, Acts 1993, No. 483, § 6, also provided:

“The department shall no later than July 1, 1994 have made all necessary arrangements for obtaining, producing, and distributing textbooks in braille or large print from electronic media obtained from textbook publishers as described in this act.”

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a).

6-41-406. Compliance required.

Failure of a school district to come into compliance with the provisions of this subchapter shall be grounds for a compliance citation from the Division of Elementary and Secondary Education.

History. Acts 1993, No. 483, § 7; 2019, No. 910, § 1775.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education”.

6-41-407. Accommodation for students with sensory processing difficulty.

When administering a state-mandated assessment or a state-mandated test, the Division of Elementary and Secondary Education and each school district shall allow a student that has been evaluated through appropriate testing, including a comprehensive eye examination by an optometrist or an ophthalmologist, and identified as having difficulty with sensory processing in reaction to oversensitivity to full spectrum light to use color overlays specific to the student's oversensitivity that alter the contrast between the words and the page so that the student can visually comprehend the words on a page of a state-mandated assessment or a state-mandated test, if made available by the test developer.

History. Acts 2009, No. 1460, § 1; 2017, No. 745, § 31; 2019, No. 910, § 1776.

Amendments. The 2017 amendment added “if made available by the test developer” at the end.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education”.

Subchapter 5 — Task Force on Medically Fragile, Chronically Ill, or Technology-Dependent Students

6-41-501 — 6-41-504. [Repealed.]

A.C.R.C. Notes. The repeal of § 6-41-503 by Acts 2013, No. 1155, § 18, superseded the amendment of this section by Acts 2013, No. 1138, § 75. The amendment by Acts 2013, No. 1138, § 75, substituted “licensed” for “certified” in a reference to a public school employee.

Publisher's Notes. These sections, concerning the Task Force on Medically Fragile, Chronically Ill, or Technology-Dependent Students, were repealed by Acts 2013, No. 1155, § 18. The sections were derived from the following sources:

6-41-501. Acts 1995, No. 1146, § 1.

6-41-502. Acts 1995, No. 1146, § 2.

6-41-503. Acts 1995, No. 1146, § 3.

6-41-504. Acts 1995, No. 1146, § 3; Acts 1997, No. 112, § 13.

Subchapter 6 — Dyslexia and Related Disorders

A.C.R.C. Notes. Acts 2019, No. 1089, § 1, provided: “Legislative findings.

The General Assembly finds that:

“(1) The Division of Youth Services is part of the organizational structure of the Department of Human Services and offers a number of programs for juveniles;

“(2) Among the programs and services offered by the division is an education system, and one (1) of the goals of the education system of the division is to ensure significant academic progress for each juvenile who is served by the division;

“(3) The mission of the education system of the division is to provide, in a manner consistent with the administration of public education in this state and throughout the country, a system of high quality education programs that address the needs of juveniles who come in contact with the juvenile justice system;

“(4) To accomplish the mission of the division, the division:

“(A) Identifies and serves each juvenile with a disability in the division;

“(B) Improves the individual academic achievement of each juvenile in the education system of the division;

“(C) Provides an opportunity for progress toward state and local graduation requirements for each high-school-age juvenile in the education system of the division; and

“(D) Provides an opportunity for postsecondary education preparation for each juvenile who enters with or achieves graduate status while in the education system of the division;

“(5) The goal of the education system of the division is to coordinate with and not match the public school system in this state, and by offering courses in the core subject areas that meet state standards and graduation requirements, the division offers a consistent opportunity for all juveniles who are involved with the division to make adequate progress towards graduation; and

“(6) Reading proficiency is the foundation for achieving the goal of the education system of the division and any other education system in this state.”

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-41-601. Findings.

The General Assembly finds that:

  1. Dyslexia, if not diagnosed early, can be severely detrimental to a child's academic success as well as his or her self-esteem;
  2. Most children identified as having characteristics of dyslexia and related disorders can be treated successfully; and
  3. The cost of screening and treating dyslexia or a related disorder early is significantly less than the cost of intensive remediation in the later school years for a child with dyslexia or a related disorder.

History. Acts 2013, No. 1294, § 1; 2015, No. 1268, § 1.

Amendments. The 2015 amendment substituted “characteristics” for “markers” in (2).

6-41-602. Definitions.

As used in this subchapter:

  1. “Dyslexia” means a specific learning disability that is:
    1. Neurological in origin;
    2. Characterized by difficulties with accurate and fluent word recognition and poor spelling and decoding abilities that typically result from a deficit in the phonological component of language; and
    3. Often unexpected in relation to other cognitive abilities;
  2. “Dyslexia interventionist” means a school district or public school employee trained in a dyslexia program, such as a:
    1. Dyslexia therapist;
    2. Dyslexia specialist;
    3. Reading interventionist;
    4. Certified teacher; or
    5. Tutor or paraprofessional working under the supervision of a certified teacher;
  3. “Dyslexia program” means explicit, direct instruction that is:
    1. Systematic, sequential, and cumulative and follows a logical plan of presenting the alphabetic principle that targets the specific needs of the student without presuming prior skills or knowledge of the student;
    2. Systematic, multisensory, and research-based;
    3. Offered in a small group setting to teach students the components of reading instruction, including without limitation:
      1. Phonemic awareness to enable a student to detect, segment, blend, and manipulate sounds in spoken language;
      2. Graphophonemic knowledge for teaching the letter-sound plan of English;
      3. The structure of the English language that includes morphology, semantics, syntax, and pragmatics;
      4. Linguistic instruction directed toward proficiency and fluency with the patterns of language so that words and sentences are carriers of meaning; and
      5. Strategies that students use for decoding, encoding, word recognition, fluency, and comprehension; and
      1. Delivered with fidelity.
      2. “Fidelity” means the intervention is done as the author of the program intended;
    1. “Dyslexia specialist” means a professional at each education service cooperative or school district who has expertise and is working towards an endorsement or certification in providing training for:
      1. Phonological and phonemic awareness;
      2. Sound and symbol relationships;
      3. Alphabet knowledge;
      4. Decoding skills;
      5. Rapid naming skills; and
      6. Encoding skills.
    2. A dyslexia specialist shall be fluent in the Response to Intervention (RTI) process and provide training in administering screenings, analyzing and interpreting screening data, and determining appropriate interventions that are systematic, multisensory, and evidence-based;
  4. “Dyslexia therapist” means a professional who has completed training and obtained certification in dyslexia therapy from a dyslexia therapy training program defined by the Division of Elementary and Secondary Education; and
  5. “Dyslexia therapy” means an appropriate specialized reading instructional program specifically designed for use in a dyslexia program that is delivered by a dyslexia interventionist.

History. Acts 2013, No. 1294, § 1; 2015, No. 1268, § 2; 2019, No. 910, § 1777.

Amendments. The 2015 amendment inserted (2) through (4), and redesignated the remaining subdivisions accordingly; substituted “defined” for “approved” in (5); and rewrote (6).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (5).

6-41-603. Required screening and intervention.

    1. A school district shall screen each student in kindergarten through grade two (K-2) and others required by the Division of Elementary and Secondary Education rule using the Dynamic Indicators of Basic Early Literacy Skills (DIBELS) or an equivalent screener.
    2. The screening of students shall be performed with fidelity and include without limitation:
      1. Phonological and phonemic awareness;
      2. Sound symbol recognition;
      3. Alphabet knowledge;
      4. Decoding skills;
      5. Rapid naming skills; and
      6. Encoding skills.
      1. If the screener under subdivision (a)(1) of this section shows that a student is at risk, or at some risk, then a level I dyslexia screener shall be administered.
      2. The level I dyslexia screening of a student shall be performed with fidelity and include the components listed under subdivision (a)(2) of this section.
  1. The division shall adopt rules to ensure that students will be screened using DIBELS or an equivalent screener:
    1. In kindergarten through grade two (K-2);
    2. When a student in kindergarten through grade two (K-2) transfers to a new school and has not been screened;
    3. When a student in grade three (3) or higher has difficulty, as noted by a classroom teacher, in:
      1. Phonological and phonemic awareness;
      2. Sound-symbol recognition;
      3. Alphabet knowledge;
      4. Decoding skills;
      5. Rapid naming skills; and
      6. Encoding skills; and
    4. When a student from another state enrolls for the first time in Arkansas in kindergarten through grade two (K-2) unless the student presents documentation that the student:
      1. Had the screening or a similar screening; or
      2. Is exempt from screening.
    1. If the initial, level I, or level II dyslexia screening indicates that a student has characteristics of dyslexia, the Response to Intervention (RTI) process shall be used to address the needs of the student.
        1. If the level II dyslexia screening conducted by the school district indicates that a student exhibits characteristics of dyslexia, the student shall be provided intervention services.
        2. The level II dyslexia screening shall be completed consistent with the Arkansas Dyslexia Resource Guide.
      1. If it is determined that the student has functional difficulties in the academic environment due to characteristics of dyslexia, the necessary accommodations or equipment for the student shall be provided under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131—12165, as they existed on February 1, 2013, if qualified under the applicable federal law.

History. Acts 2013, No. 1294, § 1; 2015, No. 1268, § 2; 2017, No. 1039, § 1; 2019, No. 910, §§ 1778, 1779.

Amendments. The 2015 amendment added “or an equivalent screener” in (a)(1); added (a)(3); added “or an equivalent screener” in the introductory language of (b); rewrote (c); and deleted (d).

The 2017 amendment redesignated former (c)(2)(A) as (c)(2)(A)(i); and added (c)(2)(A)(ii).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1) and the introductory language of (b).

6-41-604. Level II dyslexia screening and services — Parental notification.

  1. If a student's performance on an initial screener, level I screening, or level II dyslexia screening under § 6-41-603 indicates a need for dyslexia intervention services, the student's parent or legal guardian shall be:
    1. Notified of the results of the dyslexia evaluation; and
    2. Provided with information and resource material, including without limitation:
      1. The characteristics of dyslexia;
      2. Appropriate classroom interventions and accommodations for students with dyslexia; and
      3. The right of the parent or legal guardian to have the student receive an independent comprehensive dyslexia evaluation by a:
        1. Licensed psychological examiner;
        2. School psychology specialist;
        3. Licensed speech-language pathologist;
        4. Certified dyslexia testing specialist; or
        5. Dyslexia therapist.
    1. If a parent or legal guardian chooses to have an independent comprehensive dyslexia evaluation for the student, the parent or legal guardian shall:
      1. Select an individual qualified under subdivision (a)(2)(C) of this section to perform the comprehensive dyslexia evaluation; and
      2. Cover the cost of the comprehensive dyslexia evaluation.
    2. A school district shall consider the diagnosis and provide the student with interventions determined to be appropriate by the school district from a dyslexia interventionist at the school district.

History. Acts 2013, No. 1294, § 1; 2015, No. 1268, § 2.

Amendments. The 2015 amendment rewrote the section heading and the section.

6-41-605. Instructional approaches.

  1. Dyslexia intervention for a student whose dyslexia level I or level II screening under § 6-41-603(c)(2) indicates the need for dyslexia intervention services may include the following instructional approaches:
    1. Explicit, direct instruction that is systematic, sequential, and cumulative and follows a logical plan of presenting the alphabetic principle that targets the specific needs of the student without presuming prior skills or knowledge of the student;
    2. Individualized instruction to meet the specific needs of the student in a small group setting that uses intensive, highly concentrated instruction methods and materials that maximize student engagement;
    3. Meaning-based instruction directed at purposeful reading and writing with an emphasis on comprehension and composition; and
    4. Multisensory instruction that incorporates the simultaneous use of two (2) or more sensory pathways during teacher presentations and student practice.
  2. Until there are a sufficient number of graduates from a dyslexia therapy program established at the university level in Arkansas or from a dyslexia therapy program established at the university level in another state that is approved by the Division of Elementary and Secondary Education, the division shall allow dyslexia therapy to be provided by individuals who have received training and certification from a program approved by the division.

History. Acts 2013, No. 1294, § 1; 2015, No. 1268, § 3; 2019, No. 910, § 1780.

Amendments. The 2015 amendment rewrote the introductory language of (a).

The 2019 amendment, in (b), substituted “Division of Elementary and Secondary Education” for “Department of Education”, and substituted “division” for “department” twice.

6-41-606. Reporting by school district.

  1. The superintendent of a school district annually shall report the results of the school district screening required under § 6-41-603.
  2. Before July 15, a public school district shall report on the website of the public school district or in writing to the parents of each student in the public school district the following information:
    1. The dyslexia intervention programs used during the previous school year that were specifically responsive to assisting students with dyslexia;
    2. The number of students during the previous school year who received dyslexia intervention under this subchapter; and
    3. The total number of students identified with dyslexia during the previous school year.

History. Acts 2013, No. 1294, § 1; 2017, No. 1039, § 2.

Amendments. The 2017 amendment redesignated the existing language as (a); and added (b).

6-41-607. Dyslexia specialist.

  1. The Division of Elementary and Secondary Education shall employ at least one (1) dyslexia specialist with a minimum of three (3) years of field experience in screening, identifying, and treating dyslexia and related disorders to provide technical assistance for dyslexia and related disorders to school districts across the state.
  2. The dyslexia specialist shall:
    1. Be highly trained in dyslexia and related disorders, including best-practice interventions and treatment models for dyslexia;
    2. Be responsible for the accountability of screening results and the implementation of professional awareness required under § 6-41-608; and
    3. Serve as the primary source of information and support for school districts addressing the needs of students with dyslexia and related disorders.
  3. The division shall ensure that at least one (1) staff member at each education service cooperative is trained as a dyslexia specialist to provide necessary information and support to school districts.
  4. No later than the 2015-2016 academic year, a school district shall have individuals to serve as dyslexia interventionists.

History. Acts 2013, No. 1294, § 1; 2015, No. 1268, § 4; 2019, No. 910, §§ 1781, 1782.

Amendments. The 2015 amendment deleted “who is a dyslexia therapist, licensed psychologist, licensed psychometrist, licensed speech-language pathologist, or certified dyslexia training specialist” following “specialist” in (a); added “for dyslexia” in (b)(1); redesignated former (c)(1) as (c); deleted (c)(2); and rewrote (d).

The 2019 amendment substituted “The Division of Elementary and Secondary Education” for “No later than the 2015 fiscal year, the Department of Education” in (a); and substituted “division” for “department” in (c).

6-41-608. Dyslexia professional awareness.

  1. The Division of Elementary and Secondary Education shall ensure that each teacher receives professional awareness on:
    1. The characteristics of dyslexia; and
    2. The evidence-based interventions and accommodations for dyslexia.
  2. Professional awareness may be provided:
    1. Online;
    2. At an education service cooperative; or
    3. At another venue approved by the division.

History. Acts 2013, No. 1294, § 1; 2015, No. 1268, § 5; 2019, No. 910, §§ 1783, 1784.

Amendments. The 2015 amendment substituted “characteristics” for “indicators” in (a)(1); and rewrote (a)(2).

The 2019 amendment substituted “The Division of Elementary and Secondary Education” for “No later than the 2014-2015 school year, the Department of Education” in (a); and substituted “division” for “department” in (b)(3).

6-41-609. Dyslexia and related disorder education in teacher preparation programs.

The Division of Elementary and Secondary Education shall collaborate with the Division of Higher Education to ensure that all teacher education programs offered at state-supported institutions of higher education provide dyslexia professional awareness of the:

  1. Characteristics of dyslexia; and
  2. Evidence-based interventions and accommodations for dyslexia.

History. Acts 2013, No. 1294, § 1; 2015, No. 1268, § 6; 2019, No. 910, § 1785.

Amendments. The 2015 amendment rewrote the section.

The 2019 amendment, in the introductory language, substituted “The Division of Elementary and Secondary Education” for “No later than the 2015-2016 school year, the Department of Education”, and substituted “Division of Higher Education” for “Department of Higher Education”.

6-41-610. Rules — Dyslexia resource guide.

  1. The Division of Elementary and Secondary Education shall adopt rules to implement this subchapter.
    1. The Division of Elementary and Secondary Education shall maintain a committee for the purpose of developing and updating the Arkansas Dyslexia Resource Guide.
      1. The committee shall include one (1) representative who has experience working in the field of dyslexia intervention from the following organizations, appointed by the Commissioner of Elementary and Secondary Education:
        1. The Arkansas Association of Educational Administrators;
        2. The Division of Learning Services of the Division of Elementary and Secondary Education;
        3. The Division of Higher Education;
        4. The Arkansas Education Association;
        5. The Arkansas School Boards Association;
        6. The Arkansas School Psychology Association, with at least three (3) years of experience in testing for dyslexia; and
        7. An education service cooperative administrator.
      2. Three (3) professionals who have worked in a public school who are knowledgeable in and have expertise in dyslexia screening and interventions.

History. Acts 2013, No. 1294, § 1; 2015, No. 1268, § 7; 2019, No. 910, § 1786.

Amendments. The 2015 amendment rewrote (b).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a) and (b)(2)(A)(ii); substituted “Division of Elementary and Secondary Education” for “department” in (b)(1); substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in the introductory language of (b)(2)(A); and substituted “Division of Higher Education” for “Department of Higher Education” in (b)(2)(A)(iii).

6-41-611. Enforcement — Rules.

    1. A public school district that fails to comply with this subchapter:
      1. Shall be in violation of the Standards for Accreditation of Arkansas Public Schools and School Districts; and
      2. May be placed on probationary status.
    2. A public school district placed on probationary status under subdivision (a)(1) of this section shall report the reason for being placed on probationary status:
      1. On the website of the public school district; and
      2. By written notification to the parents of each student in the public school district.
  1. The Division of Elementary and Secondary Education:
    1. Shall enforce the requirements of this subchapter; and
    2. May promulgate rules to enforce and implement this subchapter.

History. Acts 2017, No. 1039, § 3; 2019, No. 910, § 1787.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (b).

Subchapter 7 — Building Better Futures Program

Publisher's Notes. The subject matter of former subchapter 7, concerning the Building Better Futures High School Program, is now codified as § 6-41-801 et seq. by Acts 2017, No. 432, § 2.

Acts 2015, No. 410, § 1, enacted a similar subchapter, which was not codified.

6-41-701. Program established — Purpose.

  1. The Building Better Futures Program is established.
  2. The purpose of the program is to allow students with intellectual disabilities to broaden their career opportunities through education and job training in an inclusive and age-appropriate environment.

History. Acts 2017, No. 432, § 1.

Publisher's Notes. Former § 6-41-701 has been renumbered as § 6-41-801.

6-41-702. Definitions.

As used in this subchapter:

  1. “Approved institution” means a public or private nonprofit institution of higher education located in Arkansas that:
    1. Is accredited by the Higher Learning Commission of the North Central Association of Colleges and Schools; and
    2. Is approved or seeking approval by the United States Department of Education as a comprehensive transition and postsecondary program;
    1. “Arkansas resident” means a recipient or a recipient's parent or guardian who is domiciled in Arkansas for at least twelve (12) months before applying for the Building Better Futures Program.
    2. A recipient or a recipient's parent or guardian may be asked to provide proof of domicile as evidenced by one (1) of the following:
      1. Information from the Free Application for Federal Student Aid;
      2. Valid Arkansas driver's license;
      3. Documentation of current payment for personal or real property taxes for the previous year;
      4. Current vehicle registration;
      5. Current voter registration; or
      6. Other forms that establish residency;
    1. “Citizen” means a person who is a United States citizen or lawful permanent resident.
    2. If the person is a lawful permanent resident, he or she shall submit a copy of the lawful permanent resident form when submitting an application to the program;
  2. “Eligible student” means a person who satisfies the criteria established in this subchapter;
  3. “Intellectual disability” means a condition characterized by significant limitations in both intellectual functioning and in adaptive behavior:
    1. As defined by the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, published by the American Psychiatric Association; and
    2. Diagnosed by a physician, psychologist, or other individual qualified by license or statute to diagnose; and
  4. “Selective admission” means acceptance into the program is based on specific criteria that are used by each approved institution for its program.

History. Acts 2017, No. 432, § 1.

Publisher's Notes. Former § 6-41-702 has been amended and renumbered as § 6-41-802.

6-41-703. Eligibility.

To be eligible for selective admission into a Building Better Futures Program, a student shall:

  1. Be a citizen;
    1. Be an Arkansas resident.
    2. A nonresident may be eligible for the Building Better Futures Program if there are openings available after all Arkansas residents are admitted;
  2. Be selected for admission by an approved institution into the institution's comprehensive transition and postsecondary program or a program in the process of becoming a comprehensive transition and postsecondary program;
  3. Have an intellectual disability;
  4. Be able and willing to learn and participate in an inclusive classroom and work setting; and
  5. Not be a danger to himself or herself or others, as determined by the accepting institution of higher education.

History. Acts 2017, No. 432, § 1.

Publisher's Notes. Former § 6-41-703 has been amended and renumbered as § 6-41-803.

6-41-704. Program information.

A Building Better Futures Program implemented by an approved institution shall:

  1. Have a selective admission process for students with documented intellectual disabilities;
  2. Be exempt from the higher education state minimum core curriculum as determined by the Arkansas Higher Education Coordinating Board under § 6-61-218;
  3. Be exempt from program review by the board under §§ 6-61-207 and 6-61-208;
  4. Be part of a comprehensive transition and postsecondary program approved by the United States Department of Education within three (3) years of establishing the program at the approved institution;
  5. Allow a certificate to be awarded to a student who successfully completes the program; and
  6. Not permit hours completed in the program to be transferred toward credit for an associate or baccalaureate degree program.

History. Acts 2017, No. 432, § 1.

Publisher's Notes. Former § 6-41-704 has been renumbered as § 6-41-804.

6-41-705. Responsibilities.

    1. An institution of higher education that wishes to establish a Building Better Futures Program on campus shall seek recognition as a comprehensive transition and postsecondary program by the United States Department of Education.
    2. Only approved institutions are eligible for funding for the Building Better Futures Program if funding is available.
    1. The Department of Higher Education shall provide information statewide, including to each high school in the state, on the options for postsecondary education for students with intellectual disabilities.
    2. Each public high school in Arkansas shall provide the information distributed by the Department of Higher Education to the parent or guardian of a student with an intellectual or developmental disability enrolled in the public high school.
    3. A public high school shall begin providing the information when transition services for a student are discussed at an annual review conference of the individualized education program committee meeting.
  1. A variety of sources may be used to support the Building Better Futures Program, including the costs associated with tuition and support services.

History. Acts 2017, No. 432, § 1.

Publisher's Notes. Former § 6-41-705 has been amended and renumbered as § 6-41-805.

Subchapter 8 — Building Better Futures High School Program

Publisher's Notes. The subject matter of this subchapter was formerly codified as § 6-41-701 et seq.

Former § 6-41-801 et seq. was renumbered as § 6-41-901 et seq. by Acts 2017, No. 432, § 3.

Effective Dates. Acts 2015, No. 931, § 2: Apr. 2, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Building Better Futures High School Program will be established by the 2015-2016 school year; that immediate adoption is essential to ensure that eligible students are aware of the program and have the information necessary to apply; and that this act is immediately necessary to allow the Department of Higher Education time to implement the program and disseminate information to potentially eligible students. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-41-801. Program established — Purpose.

  1. There is established a Building Better Futures High School Program.
  2. The purpose of the program is to allow students with intellectual disabilities to broaden their career opportunities in an inclusive and age-appropriate environment while completing the additional years of high school as allowed by law.

History. Acts 2015, No. 931, § 1; 2017, No. 432, § 2.

Publisher's Notes. This section was formerly codified as § 6-41-701. Former § 6-41-801 has been renumbered as § 6-41-901.

6-41-802. Definitions.

As used in this subchapter:

  1. “Approved institution” means a public or private nonprofit institution of higher education located in Arkansas that:
    1. Is accredited by the Higher Learning Commission of the North Central Association of Colleges and Schools; and
    2. Is approved or seeking approval by the United States Department of Education as a comprehensive transition and postsecondary program;
    1. “Arkansas resident” means a recipient or a recipient's parent or guardian who is domiciled in Arkansas for at least twelve (12) months before applying for the Building Better Futures High School Program.
    2. A recipient or a recipient's parent or guardian may be asked to provide proof of domicile as evidenced by one (1) of the following:
      1. Information from the Free Application for Federal Student Aid;
      2. Valid Arkansas driver's license;
      3. Documentation of current payment for personal or real property taxes for the previous year;
      4. Current vehicle registration;
      5. Current voter registration; or
      6. Other forms that establish residency;
    1. “Citizen” means a person who is a United States citizen or lawful permanent resident.
    2. If the person is a lawful permanent resident, he or she shall submit a copy of the lawful permanent resident form when submitting an application to the program;
  2. “Eligible student” means a person who satisfies the criteria established in this subchapter;
  3. “Home school” means an educational program provided by the student's parent or guardian as permitted under § 6-15-501 et seq.;
  4. “Home-schooled student” means a student educated in a school provided by a parent or legal guardian for his or her own child;
  5. “Intellectual disability” means a condition characterized by significant limitations in both intellectual functioning and in adaptive behavior:
    1. As defined by the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, published by the American Psychiatric Association; and
    2. Diagnosed by a physician, psychologist, or other individual qualified by license or statute to diagnose; and
  6. “Selective admission” means acceptance into the program is based on specific criteria that are used by each approved institution for its program.

History. Acts 2015, No. 931, § 1; 2017, No. 432, § 2.

Publisher's Notes. This section was formerly codified as § 6-41-702. Former § 6-41-802 has been renumbered as § 6-41-902.

Amendments. The 2017 amendment substituted “Aid” for “Assistance” in (2)(B)(i); substituted “Valid” for “A valid” in (2)(B)(ii); inserted (3) and redesignated the remaining subdivisions accordingly; inserted “Fifth Edition” in present (7)(A); and substituted “acceptance into the Building Better Futures High School Program” for “acceptance into the program” in present (8).

6-41-803. Eligibility.

To be eligible for selective admission into a Building Better Futures High School Program, a student shall:

  1. Be either:
      1. A current student at a public high school who is currently served under an individualized education program.
        1. The parent or guardian of the student shall make a request to the student's individualized education program committee at least one (1) calendar year in advance of the Building Better Futures High School Program's application deadline that the student's individualized education program include participation, if admitted, in the nearest Building Better Futures High School Program.
        2. The student's individualized education program committee shall notify the parent or guardian within sixty (60) days of the parent's or guardian's making the request of whether or not participation in the Building Better Futures High School Program is deemed appropriate for the student to receive a free appropriate public education.
      2. If the student's individualized education program committee determines that seeking admission to a Building Better Futures High School Program should be part of the student's individualized education program, the individualized education program committee shall submit an application to the nearest Building Better Futures High School Program located not more than fifty (50) miles from the public high school attended by the student; or
    1. A current private high school or home-schooled student;
  2. Be a citizen;
    1. Be an Arkansas resident.
    2. A nonresident may be eligible for the Building Better Futures High School Program if there are openings available after all Arkansas residents are admitted;
  3. Not have reached twenty-two (22) years of age;
  4. Be selected for admission by an approved institution into the institution's comprehensive transition and postsecondary program or a program in the process of becoming a comprehensive transition and postsecondary program;
  5. Have an intellectual disability;
  6. Be able and willing to learn and participate in an inclusive classroom and work setting; and
  7. Not be a danger to himself or herself or others, as determined by the accepting institution of higher education.

History. Acts 2015, No. 931, § 1; 2017, No. 432, § 2.

Publisher's Notes. This section was formerly codified as § 6-41-703. Former § 6-41-803 has been renumbered as § 6-41-903.

Amendments. The 2017 amendment substituted “individualized” for “individual” throughout the section; added the current introductory language in (1); redesignated former (1)(A)-(C) as (1)(A)(i)-(iii); rewrote (1)(A)(ii) (a) ; added “or” at the end of present (1)(A)(iii); redesignated former (2) as (1)(B); inserted present (2); and made stylistic changes.

6-41-804. Program information.

A Building Better Futures High School Program implemented by an approved institution shall:

  1. Have a selective admission process for students with documented intellectual disabilities;
  2. Be exempt from the higher education state minimum core curriculum as determined by the Arkansas Higher Education Coordinating Board under § 6-61-218;
  3. Be exempt from program review by the board under §§ 6-61-207 and 6-61-208;
  4. Be part of a comprehensive transition and postsecondary program approved by the United States Department of Education within three (3) years of establishing the Building Better Futures High School Program at the approved institution;
  5. Allow a certificate to be awarded to a student who successfully completes the Building Better Futures High School Program; and
  6. Not permit hours completed in the Building Better Futures High School Program to be transferred towards credit for an associate or baccalaureate degree program.

History. Acts 2015, No. 931, § 1; 2017, No. 432, § 2.

Publisher's Notes. This section was formerly codified as § 6-41-704. Former § 6-41-804 has been renumbered as § 6-41-904.

6-41-805. Responsibilities.

    1. An institution of higher education that wishes to establish a Building Better Futures High School Program on campus shall seek recognition as a comprehensive transition and postsecondary program by the United States Department of Education.
    2. Only approved institutions are eligible for funding for the Building Better Futures High School Program if funding is available.
    1. The Division of Higher Education shall provide information statewide, including to each high school in the state, on the options for postsecondary education for students with intellectual disabilities.
    2. Each public high school in Arkansas shall provide the information distributed by the Division of Higher Education to the parent or guardian of a student with an intellectual or developmental disability enrolled in the public high school.
    3. A public high school shall begin providing the information when transition services for a student are discussed at an annual review conference of the individualized education program committee meeting.
    1. Nothing in this subchapter relieves a school district from satisfying the requirements of a student's individualized education plan.
      1. The lack of an available Building Better Futures High School Program located within fifty (50) miles of a student's public high school or the failure of a Building Better Futures High School Program to admit a public school student is not a failure on the part of the public high school to provide a free and appropriate public school education under 34 C.F.R. § 300.507.
      2. A student who is dismissed from a Building Better Futures High School Program has no recourse against the student's public high school under 34 C.F.R. § 300.507.
  1. A public high school shall:
    1. Provide transportation for an admitted and eligible student to and from the closest approved Building Better Futures High School Program that is located no more than fifty (50) miles from the student's public high school; and
    2. Continue to provide activities of daily living skills to eligible students at the public high school campus in addition to other requirements of the student's individualized educational plan.
  2. Instructional and support staff for a student attending a Building Better Futures High School Program shall be provided by the institution providing the Building Better Futures High School Program while the student is on the campus of the institution.
    1. With regard to the Building Better Futures High School Program, an institution of higher education shall not charge tuition and fees at a higher rate for secondary school students than for other students from the community.
    2. The tuition and fees shall be charged to the student's public high school and be proportionate to the student's participation in the Building Better Futures High School Program established by the student's individualized education program.
  3. A variety of sources may be used to support the Building Better Futures High School Program, including the costs associated with tuition and support services.

History. Acts 2015, No. 931, § 1; 2017, No. 432, § 2; 2019, No. 910, § 1788.

Publisher's Notes. This section was formerly codified as § 6-41-705. Former § 6-41-805 has been renumbered as § 6-41-905.

Amendments. The 2017 amendment substituted “individualized” for “individual” throughout the section; redesignated former (b) as (b)(1); in (b)(1), inserted “statewide, including to each high school in the state” and deleted “statewide to each secondary school in the state” following “disabilities”; redesignated former (c)(1) and (c)(2) as (b)(2) and (b)(3); redesignated former (d) through (f) as (c) through (e); substituted “under” for “subject to” in present (c)(2)(A); redesignated former (h) as (f); and made stylistic changes.

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (b)(1) and (b)(2).

Subchapter 9 — Succeed Scholarship Program

A.C.R.C. Notes. This subchapter was formerly codified as § 6-41-801 et seq. and was renumbered as § 6-41-901 et seq. by Acts 2017, No. 432, § 3.

Effective Dates. Acts 2017, No. 327 § 2: Mar. 2, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there is a demand for more private schools to participate in the Succeed Scholarship Program; that allowing private schools who have applied for accreditation to be eligible to participate in the program will help meet that demand; and that this act is immediately necessary to ensure that these newly eligible private schools can serve students who have received Succeed Scholarships in the 2017-2018 school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2017, No. 894 § 6: Apr. 5, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that improvements are needed in the methods available for the provision of education for foster children; that expanding the educational options for foster children will enhance the chances of foster children to become healthy, well-rounded adults; and that this act is immediately necessary to ensure that foster children are given the greatest chance of achieving that outcome. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-41-901. Definitions — Establishment — Intent.

  1. As used in this section:
    1. “Foster care” means the care of a child by a group home or group facility on a twenty-four-hour-a-day basis away from the home of the child's parent or parents;
    2. “Foster parent” means the responsible official or officials of a group home or group facility that provides foster care to a child; and
    3. “Parent” means a student's parent or foster parent.
  2. The Succeed Scholarship Program is established and intended to provide a scholarship to a private school of choice for:
    1. Students in foster care; or
    2. Students with disabilities who have either an:
      1. Individualized education program in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.; or
      2. Individualized service plan in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1412(a)(10).

History. Acts 2015, No. 1178, § 1; 2017, No. 432, § 3; 2017, No. 894, § 1; 2019, No. 548, § 1.

Publisher's Notes. This section was formerly codified as § 6-41-801 and was renumbered as § 6-41-901 by Acts 2017, No. 432, § 3.

Amendments. The 2017 amendment by No. 894 added “Definitions — Establishment” to the section heading; added (a); redesignated former (a) as the introductory language of (b) and (b)(2); added (b)(1); deleted former (b); and made stylistic changes.

The 2019 amendment redesignated part of (b)(2) as (b)(2)(A); added (b)(2)(B); and made stylistic changes.

6-41-902. Student eligibility.

  1. A parent or legal guardian of a public school student may apply for a Succeed Scholarship to enroll his or her child in a private school if:
      1. The student is currently enrolled in a public school and has attended public school for at least one (1) full academic year.
      2. Subdivision (a)(1)(A) of this section does not apply if:
        1. The student is a dependent of an active duty member of any branch of the United States Armed Forces; or
        2. The superintendent of the student's resident school district waives the requirement;
    1. The student:
      1. Is in foster care or has been in the foster care system and achieved permanency through adoption, reunification, or permanent guardianship;
      2. Has an individualized education program in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., or has been medically diagnosed by a licensed physician as a child with a disability under 20 U.S.C. § 1401(3)(A);
      3. Participated in the Succeed Scholarship Program during the prior school year and has not yet graduated from high school or attained twenty-one (21) years of age; or
      4. Has an individualized service plan in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1412(a)(10);
    2. The student has been accepted for admission into a private school that is eligible to participate in the Succeed Scholarship Program;
    3. The parent has notified the student's current school district of the request for a scholarship at least sixty (60) days before the date of the first scholarship payment; and
      1. For students in foster care, the Department of Human Services approves the student's placement in the private school.
      2. The department shall approve the student's placement in the private school if a determination is made that placement in the private school is in the best interest of the student.
  2. If a student is accepted to a private school upon the availability of space, a parent or legal guardian shall notify the student's school district at least sixty (60) days before the student enrolls in the private school and receives the first scholarship payment.
  3. The Division of Elementary and Secondary Education shall approve a maximum of twenty (20) scholarships under this subchapter per academic year for students in foster care.
  4. For purposes of continuity of educational choice, the Succeed Scholarship Program payments made under this subchapter shall remain in effect until a student who is participating in the Succeed Scholarship Program returns to a public school district or open-enrollment public charter school, graduates from high school, or attains twenty-one (21) years of age, whichever occurs first.

History. Acts 2015, No. 1178, § 1; 2017, No. 432, § 3; 2017, No. 637, § 1; 2017, No. 894, §§ 2, 3; 2019, No. 548, § 2; 2019, No. 910, § 1789; 2019, No. 1078, §§ 1, 2.

Publisher's Notes. This section was formerly codified as § 6-41-802 and was renumbered as § 6-41-902 by Acts 2017, No. 432, § 3.

Amendments. The 2017 amendment by No. 637 rewrote former (a)(1)(B) as the introductory language of (a)(1)(B) and (a)(1)(B)(i); and added (a)(1)(B)(ii).

The 2017 amendment by No. 894 deleted “with a disability” following “student” in the introductory language of (a); substituted “(a)(1)(A)” for “(1)(A)” in (a)(1)(B); added (a)(2)(A); redesignated part of (a)(2) as (a)(2)(B); and added (a)(5) and (c).

The 2019 amendment by No. 548 added “or an individualized service plan in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1412(a)(10)” in (a)(2)(B) [see now (a)(2)(D)].

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c).

The 2019 amendment by No. 1078 added “or has been in the foster care system and achieved permanency through adoption, reunification, or permanent guardianship” in (a)(2)(A); added “or has been medically diagnosed by a licensed physician as a child with a disability under 20 U.S.C. § 1401(3)(A)” in (a)(2)(B); and added (a)(2)(C), (a)(2)(D), and (d).

6-41-903. Private school eligibility.

    1. A private school shall notify the Division of Elementary and Secondary Education of its intent to participate in the Succeed Scholarship Program.
    2. If the private school intends to enroll students with disabilities who have an individualized education program in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., or an individualized service plan in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1412(a)(10), the notice shall specify the grade levels and services that the private school has available for students with severe disabilities who are participating in the Succeed Scholarship Program.
  1. The division shall approve a private school as eligible to participate in the Succeed Scholarship Program if the private school:
    1. Either:
      1. Meets the accreditation requirements set by the State Board of Education, the Arkansas Nonpublic School Accrediting Association, Inc., or its successor, or another accrediting association recognized by the state board as providing services to individuals with severe disabilities; or
        1. Is an associate member of or has applied for accreditation by the Arkansas Nonpublic School Accrediting Association, Inc., or its successor, or another accrediting association recognized by the state board as providing services to individuals with severe disabilities.
        2. A private school shall no longer be eligible if:
          1. The private school has not received accreditation within four (4) years of becoming eligible under subdivision (b)(1)(B)(i) of this section;
          2. The accrediting association determines that the private school is ineligible or unable to continue the accreditation process; or
          3. It becomes impossible for the private school to obtain accreditation within four (4) years.
        3. A private school that becomes ineligible under subdivision (b)(1)(B)(ii) of this section shall regain eligibility when the private school receives accreditation.
        4. A private school that is not fully accredited shall report annually to the state board its progress towards accreditation;
      1. Demonstrates fiscal soundness by having been in operation for one (1) school year or providing the division with a statement by a certified public accountant confirming that the private school is insured and the private school has sufficient capital or credit to operate in the upcoming school year.
      2. In lieu of a statement, a surety bond or letter of credit for the amount equal to the scholarship funds for any quarter may be filed with the division;
    2. Complies with the antidiscrimination provisions of 42 U.S.C. § 2000d;
    3. Meets state and local health and safety requirements;
    4. Is academically accountable to the parent or legal guardian for meeting the educational needs of the student;
    5. Employs or contracts with teachers who hold baccalaureate or higher degrees;
    6. Complies with all state laws and rules governing private schools; and
    7. Adheres to the tenets of its published disciplinary procedures before an expulsion of a student receiving a scholarship.
  2. The division shall maintain a list of private schools eligible to participate in the Succeed Scholarship Program and make the list available on the division's website.
      1. An eligible private school shall administer annually or make provisions for a student participating in the Succeed Scholarship Program to take a nationally recognized norm-referenced test as established by the state board.
      2. A list, in a deidentified format, of students who have taken a nationally recognized norm-referenced test under subdivision (d)(1)(A) of this section and the students' test results shall be forwarded annually to the state board or its designee.
      1. A student with an individual education plan or an individualized service plan that provides for an exemption to standardized testing is not required to take the test required under subdivision (d)(1)(A) of this section.
      2. A list, in a deidentified format, of students with an individual education plan that provides for an exemption to standardized testing under subdivision (d)(2)(A) of this section shall be provided annually to the state board or its designee.
      1. An eligible private school shall annually prepare a portfolio that provides information on a student's progress to the student's parent or guardian if a student is exempt from standardized testing as permitted under subdivision (d)(2)(A) of this section.
      2. A list, in a deidentified format, of students with portfolios under subdivision (d)(3)(A) of this section and a general summary of the information provided in the portfolios shall be provided annually to the state board or its designee.
      1. An eligible private school under this section shall submit annually to the division or its designee, in a deidentified format required by the Bureau of Legislative Research in consultation with the division, a:
        1. Report that lists all students who have received a Succeed Scholarship under this subchapter who have been dismissed from the Succeed Scholarship Program by the private school;
        2. Report that lists all students who have received a Succeed Scholarship under this subchapter who have voluntarily returned to a traditional public school;
        3. List of foster children who have:
          1. Entered the Succeed Scholarship Program;
          2. Been dismissed from the Succeed Scholarship Program; or
          3. Been removed from the Succeed Scholarship Program by the Department of Human Services;
        4. Report of administrative costs required to implement the Succeed Scholarship Program; and
        5. Report regarding the demographic data of students who have applied for the Succeed Scholarship under this subchapter and students who were awarded the Succeed Scholarship under this subchapter, including without limitation the geographic location in the state of the students who are participating in the Succeed Scholarship Program.
      2. The division shall make information received from eligible private schools under subdivision (d)(4)(A) of this section available to the House Committee on Education and the Senate Committee on Education in a deidentified format specified by the bureau in consultation with the division.
    1. All information under this subsection shall be included in the Succeed Scholarship Program biennial study under § 6-41-908.
    1. The division shall prepare and submit annually or obtain from its designated administrator for the Succeed Scholarship Program under this subchapter a report, in a deidentified format required by the bureau in consultation with the division, that indicates the:
      1. List of students who have received a Succeed Scholarship under this subchapter;
      2. Eligible private school attended by each student who has received a Succeed Scholarship under this subchapter; and
      3. Amount of each Succeed Scholarship received by a student under this subchapter.
    2. In addition to the report required under subdivision (e)(1) of this section, the division shall make information received from its designated administrator regarding the Succeed Scholarship Program under this subchapter available to the House Committee on Education and the Senate Committee on Education through the bureau.

History. Acts 2015, No. 1178, § 1; 2017, No. 327, § 1; 2017, No. 432, § 3; 2017, No. 894, § 4; 2019, No. 315, § 324; 2019, No. 548, §§ 3, 4; 2019, No. 827, §§ 3-5; 2019, No. 910, §§ 1790-1793.

Publisher's Notes. This section was formerly codified as § 6-41-803 and was renumbered as § 6-41-903 by Acts 2017, No. 432, § 3.

Amendments. The 2017 amendment by No. 327 redesignated former (b)(1) as (b)(1)(A); added “Either” as the introductory language of present (b)(1); and added (b)(1)(B).

The 2017 amendment by No. 894, in (a)(2), added “If the private school intends to enroll students with disabilities who have an individualized education program in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.” and substituted “Succeed Scholarship Program” for “program”.

The 2019 amendment by No. 315 substituted “rules” for “regulations” in (b)(7).

The 2019 amendment by No. 548 inserted “or an individualized service plan in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1412(a)(10)” in (a)(2); and inserted “or an individualized service plan” in (d)(2) [now (d)(2)(A)].

The 2019 amendment by No. 827 added (b)(1)(B)(iv); redesignated (d)(1) as (d)(1)(A); substituted “Succeed Scholarship Program” for “scholarship program” in (d)(1)(A); added (d)(1)(B); redesignated (d)(2) as (d)(2)(A); added (d)(2)(B); redesignated (d)(3) as (d)(3)(A); added (d)(3)(B), (d)(4), and (e); and updated internal references.

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “division” for “department” throughout (b) and (c).

6-41-904. Responsibilities of scholarship recipients.

  1. The parent or legal guardian of a Succeed Scholarship Program recipient shall:
    1. Select the private school from the list of private schools eligible to participate in the program that is maintained by the Division of Elementary and Secondary Education;
    2. Apply for the scholarship at least sixty (60) days before the date of the first scholarship payment and notify the superintendent of the student's resident school district within five (5) business days of submitting the application;
    3. Fully comply with the parental involvement requirements of the private school unless excused by the school for illness or other good cause;
    4. Sign a waiver that releases the State of Arkansas from any legal obligation to provide services or education to the student participating in the program except for funding provided for the program under the rules established by the State Board of Education;
    5. Sign a waiver that releases the student's resident school district from any legal obligation to provide services or education to the student participating in the program while the student is not enrolled in the student's resident school district as provided under the rules established by the state board; and
    6. Notify the state board or the state board's designee if the student ceases to be enrolled in or regularly attend the private school for any reason.
  2. A student participating in the program shall:
    1. Attend the private school throughout the school year unless excused by the school for illness or other good cause; and
    2. Comply fully with the code of conduct for the private school.
  3. The state board may terminate the scholarship of a student if the student or the student's parent or guardian materially fails to comply with the responsibilities under this section.

History. Acts 2015, No. 1178, § 1; 2017, No. 432, § 3; 2019, No. 910, § 1794.

Publisher's Notes. This section was formerly codified as § 6-41-804 and was renumbered as § 6-41-904 by Acts 2017, No. 432, § 3.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1).

6-41-905. Scholarship payments — Funding.

  1. The maximum scholarship available under the Succeed Scholarship Program is the foundation funding amount for the current school year under § 6-20-2305.
  2. The amount of the scholarship shall be the amount calculated under subsection (a) of this section or the amount of tuition and fees for the private school, whichever is less.
  3. Scholarship payments shall be disbursed in equal amounts on a monthly basis by the Division of Elementary and Secondary Education or another state agency, person, firm, or corporation designated by the division to administer and disburse funds.
  4. Beginning on July 1, 2015, the division shall prepare a budget, including cost estimates and projections so that a separate appropriation can be made for the program for the 2016-2017 school year.
  5. The program shall be funded separately from the Public School Fund and other funds or appropriations designated for public schools.
  6. The program shall not be funded with county, city, or school district tax revenues.

History. Acts 2015, No. 1178, § 1; 2017, No. 432, § 3; 2019, No. 910, § 1795.

Publisher's Notes. This section was formerly codified as § 6-41-805 and was renumbered as § 6-41-905 by Acts 2017, No. 432, § 3.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (c); and substituted “division” for “department” in (c) and (d).

6-41-906. Rules and duties.

  1. The State Board of Education shall adopt rules and develop notices and other documentation necessary to administer the Succeed Scholarship Program that are in the best interest of students.
  2. The state board shall not:
    1. Become a party to a contract between a participating school and a student's parent or guardian. However, the state board shall make payments to a participating school as long as a student is enrolled and attending the participating school in good standing as required under § 6-41-904; or
    2. Make payments to a participating school after the state board is notified from either the participating school or a student's parent or guardian that the student is no longer enrolled or attending the participating school.

History. Acts 2015, No. 1178, § 1; 2017, No. 432, § 3.

Publisher's Notes. This section was formerly codified as § 6-41-806 and was renumbered as § 6-41-906 by Acts 2017, No. 432, § 3.

6-41-907. Autonomy of participating schools.

  1. A private school that participates in the Succeed Scholarship Program is not considered an agent or instrumentality of the State of Arkansas or a school district.
  2. The curriculum and education plan for a student with a disability attending a private school is not subject to the regulatory authority of the State Board of Education.
  3. As a condition of continued participation in the program, the state board may require a participating school that is receiving funds from the program to certify on a semiannual basis under oath that a student is and has been enrolled and attending the participating school except for excused absences.

History. Acts 2015, No. 1178, § 1; 2017, No. 432, § 3.

Publisher's Notes. This section was formerly codified as § 6-41-807 and was renumbered as § 6-41-907 by Acts 2017, No. 432, § 3.

6-41-908. Succeed scholarship biennial study.

  1. The House Committee on Education and the Senate Committee on Education shall conduct biennially a study of the Succeed Scholarship Program under this subchapter to determine the following information without limitation:
    1. The number of students currently participating in the Succeed Scholarship Program;
    2. The number of students currently participating in the Succeed Scholarship Program who attended a traditional public school before receiving a Succeed Scholarship;
    3. The number of students currently participating in the Succeed Scholarship Program who did not attend a traditional public school before enrolling in a private school upon receipt of a Succeed Scholarship;
    4. The number of students who have been dismissed from the Succeed Scholarship Program by a private school that is receiving funds through the Succeed Scholarship Program;
    5. The number of students who attended a private school with a Succeed Scholarship and voluntarily returned to a traditional public school;
    6. The number of children in foster care who have entered the Succeed Scholarship Program, have been dismissed from the Succeed Scholarship Program, or have been removed from the Succeed Scholarship Program by the Department of Human Services;
    7. The number of private schools receiving Succeed Scholarship funds that are currently accredited by the Arkansas Nonpublic School Accrediting Association, Inc., its successor, or another accrediting association recognized by the State Board of Education;
    8. The number of private schools receiving Succeed Scholarship funds that are currently unaccredited but have applied for accreditation to the Arkansas Nonpublic Accrediting Association, Inc., its successor, or another accrediting association recognized by the state board, and where those schools are in the accreditation process;
    9. The number of students who are enrolled in the Succeed Scholarship Program and who have taken a nationally recognized norm-referenced test and received the test results;
    10. The number of students with individualized education programs under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., who are enrolled in the Succeed Scholarship Program and have been exempted from standardized testing requirements under § 6-41-903; and
    11. The number of student portfolios that have been developed for exempt students and a general summary of the information contained in the student portfolios as required under § 6-41-903.
  2. In addition to the above information, the House Committee on Education and the Senate Committee on Education shall:
    1. Review norm-referenced test results and student portfolios; and
    2. Provide comparative data regarding student performance in the Succeed Scholarship Program.
  3. The House Committee on Education and the Senate Committee on Education shall compile a final report that includes the findings under subsections (a) and (b) of this section on a biennial basis, with the first report due on March 1, 2020.

History. Acts 2019, No. 827, § 2.

A.C.R.C. Notes. Acts 2019, No. 827, § 1, provided: “Legislative intent.

The General Assembly finds that:

“(1) Efficient use of the state's tax dollars is a paramount priority;

“(2) Policymakers should have updated information in order to make well-informed policy decisions; and

“(3) To ensure efficient use of the state's tax dollars, there should exist documentation regarding how public funds are being spent by private institutions that receive public funds.”

Chapter 42 Gifted and Talented Children

Subchapter 1 — General Provisions

Effective Dates. Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-42-101. Policy.

It is the policy of this state to assist school districts in providing programs designed to meet the unique educational needs of gifted and talented children.

History. Acts 1979, No. 106, § 1; A.S.A. 1947, § 80-5201.

Research References

ALR.

Special education requirements of gifted students. 115 A.L.R.5th 183.

6-42-102. Rules — Reports.

The State Board of Education shall have the authority to promulgate such rules and require such reports as it deems advisable.

History. Acts 1979, No. 106, § 5; A.S.A. 1947, § 80-5205; Acts 2019, No. 315, § 325.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in the section heading and in the section.

Research References

ALR.

Special education requirements of gifted students. 115 A.L.R.5th 183.

6-42-103. Office for the Education of Gifted and Talented Children.

To implement the policy stated in § 6-42-101, there is established in the Division of Learning Services of the Division of Elementary and Secondary Education an Office for the Education of Gifted and Talented Children to be headed by an administrator who shall be qualified by education, training, and experience to direct the state program for gifted and talented children.

History. Acts 1979, No. 106, § 1; A.S.A. 1947, § 80-5201; Acts 2019, No. 910, § 1796.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education”.

6-42-104. Advisory Council for the Education of Gifted and Talented Children.

    1. There is established an Advisory Council for the Education of Gifted and Talented Children, which shall advise and consult with the Commissioner of Elementary and Secondary Education and the Administrator of the Office for the Education of Gifted and Talented Children and which shall engage in other activities as set forth in this section.
    2. The council shall be advisory only and shall have no administrative responsibility.
    1. The council shall consist of nine (9) members who are not officers or employees of state agencies and no more than four (4) of whom may be officers or employees of school districts.
    2. The council shall be composed of persons interested in the education of gifted and talented children.
    1. The Governor, subject to confirmation by the Senate, shall appoint the members of the council for terms of three (3) years.
    2. A member may be eligible for reappointment for one (1) additional term.
  1. Vacancies that leave unexpired terms shall be filled in the regular manner for the unexpired period of time, and vacancies as a result of expiration of terms shall be filled in the regular manner for three-year periods.
    1. The council annually shall elect its own chair and vice chair.
    2. The administrator shall act as secretary to the council.
  2. The Division of Elementary and Secondary Education shall, within available personnel, facilities, and appropriations, furnish meeting facilities and staff services for the council.
  3. The members of the council may receive expense reimbursement in accordance with § 25-16-901 et seq.
  4. The council shall:
    1. Have an opportunity to comment on rules proposed for issuance pursuant to this subchapter;
    2. Consider any problems presented to it by the commissioner or the administrator and give advice thereon;
    3. Review state plans prepared by the Office for the Education of Gifted and Talented Children before their submission to duly constituted authorities;
      1. Make an annual report to the Governor, the General Assembly, the State Board of Education, and the commissioner, which shall be made available to the news media so that the general public may be informed regarding educational programs for gifted and talented children.
        1. Funds for the publication of the annual report of the council shall be made available by the division from its regular appropriations.
        2. Available federal and state funds may be used for this purpose;
    4. Participate with the staff of the division in determining the need for educational programs to serve gifted and talented children to be operated by the division, in selecting the sites for educational programs, in establishing student selection criteria for participation in the programs, in selecting students to participate in the programs, and in selecting faculty and staff for the programs; and
      1. Select on an annual basis not more than three (3) educational programs for gifted and talented students operated by school districts for recognition as outstanding programs.
      2. The programs so recognized shall be eligible to receive an award of not more than three thousand dollars ($3,000) from funds appropriated to the division for the purpose of making awards to outstanding educational programs.

History. Acts 1979, No. 106, § 3; 1983 (1st Ex. Sess.), No. 55, § 1; 1983 (1st Ex. Sess.), No. 56, § 1; A.S.A. 1947, § 80-5203; Acts 1997, No. 250, § 19; 2019, No. 315, § 326; 2019, No. 910, §§ 1797-1800.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (h)(1).

The 2019 amendment by No. 910 substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (a)(1); substituted “Division of Elementary and Secondary Education” for “Department of Education” in (f); and substituted “division” for “department” in (h)(5) twice and in (h)(6)(B).

6-42-105. Disbursing agency.

The Department of Education is designated as the state agency to receive and disburse federal funds designed to improve educational opportunities for gifted and talented children and shall develop such plans and procedures as may be required in order to receive and disburse such federal funds.

History. Acts 1979, No. 106, § 4; A.S.A. 1947, § 80-5204.

6-42-106. Gifted and talented programs — Funding and eligibility.

    1. Appropriations made by the General Assembly to the Public School Fund for the purposes of this subchapter shall be disbursed by the Division of Elementary and Secondary Education in accordance with rules promulgated by the State Board of Education.
    2. Such funds may be used to provide financial assistance to school districts operating programs for gifted and talented children and to fund supplemental programs for gifted and talented children operated by the division directly or through contract with other public or private agencies.
    3. All school districts are eligible to make application for payments under this subchapter, and two (2) or more districts may submit an application for a cooperative program.
    1. Specific eligibility requirements for gifted and talented programs in each school district shall be determined by the school district board of directors.
    2. In order to qualify for such financial assistance as may be available from the state, school district eligibility requirements must be consistent with the guidelines for gifted and talented programs adopted by the state board with the advice of the Advisory Council for the Education of Gifted and Talented Children.

History. Acts 1979, No. 106, § 2; A.S.A. 1947, § 80-5202; Acts 2019, No. 315, § 327; 2019, No. 910, § 1801.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in (a)(1).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “division” for “department” in (a)(2).

6-42-107. Cooperation with other agencies.

The State Board of Education is authorized to cooperate with other public and private agencies in developing programs for gifted and talented children.

History. Acts 1979, No. 106, § 4; A.S.A. 1947, § 80-5204.

6-42-108. Summer residential and day programs.

  1. The Division of Elementary and Secondary Education is authorized to establish annual summer residential and day programs to provide enriched educational offerings for junior high and high school students who have demonstrated exceptional abilities in a specific subject area.
  2. Each program shall offer instruction in subject areas to be designated annually by the division from the subject areas of science, mathematics, computer science, social studies, arts and music, literature and communication, and foreign languages.
  3. The summer educational programs established pursuant to the authority of this section shall be operated by the division directly or by contract with other public or private agencies and shall be funded from the appropriation to the division for the operation of programs for the education of gifted and talented students.

History. Acts 1983 (1st Ex. Sess.), No. 3, §§ 1, 2; A.S.A. 1947, §§ 80-5206, 80-5207; Acts 1989, No. 693, § 1; 2019, No. 910, § 1802.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” in (b) and twice in (c).

6-42-109. Reports by school districts.

Each school district shall report annually to the Division of Elementary and Secondary Education, at a prescribed due date, the extent to which it is providing educational opportunities specifically designed to meet the educational needs of gifted and talented children.

History. Acts 1979, No. 106, § 5; A.S.A. 1947, § 80-5205; Acts 2019, No. 910, § 1803.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education”.

Subchapter 2 — Arkansas School for Mathematics and Sciences

6-42-201 — 6-42-206. [Repealed.]

Publisher's Notes. This subchapter, concerning the Arkansas School for Mathematics and Sciences, was repealed by Acts 2003, No. 1305, § 7. The subchapter was derived from the following sources:

6-42-201. Acts 1991, No. 259, § 1; 1991, No. 305, § 1; 1995, No. 558, § 1; 1995, No. 559, § 1; 1997, No. 1326, § 1.

6-42-202. Acts 1991, No. 259, § 1; 1991, No. 305, § 1; 1995, No. 558, § 2; 1995, No. 559, § 2.

6-42-203. Acts 1991, No. 259, § 1; 1991, No. 305, § 1; 1993, No. 293, § 1; 1995, No. 558, § 3; 1995, No. 559, § 3; 1997, No. 250, § 20.

6-42-204. Acts 1991, No. 259, § 1; 1991, No. 305, § 1; 1995, No. 558, § 4; 1995, No. 559, § 4.

6-42-205. Acts 1991, No. 259, § 1; 1991, No. 305, § 1; 1995, No. 558, § 5; 1995, No. 559, § 5.

6-42-206. Acts 1995, No. 558, § 6; 1995, No. 559, § 6.

Subchapter 3 — Arkansas School for Mathematics, Sciences, and the Arts

Effective Dates. Acts 2003 (2nd Ex. Sess.), No. 22, § 3: Dec. 31, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Supreme Court in Lake View District No. 25 v. Huckabee, 351 Ark 31 (2002) declared the existing system of education to be unconstitutional because it is both inequitable and inadequate; that this act assists the Arkansas School for Mathematics, Sciences, and the Arts to be eligible for federal grants, and allows the school the flexibility to become a charter school; and that this act is immediately necessary to assist the Arkansas School for Mathematics, Sciences, and the Arts. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 153: July 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Building Authority, the Arkansas Science and Technology Authority, the Department of Rural Services, and the Division of Land Surveys of the Arkansas Agriculture Department are inefficiently structured; that this inefficient structuring causes an excessive and unnecessary cost to the taxpayers of the this state; and that this act is essential to alleviating that financial burden. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2015.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-42-301. Arkansas School for Mathematics, Sciences, and the Arts.

  1. The Board of Trustees of the University of Arkansas is authorized to establish and operate, as a part thereof, a campus to be known as the “Arkansas School for Mathematics, Sciences, and the Arts”, consolidating and incorporating into the University of Arkansas the facilities of the state institution formerly known as the “Arkansas School for Mathematics and Sciences”, which together with its board of trustees is abolished as a separate institution effective January 1, 2004.
  2. On January 1, 2004, the Board of Trustees of the University of Arkansas shall be vested with and succeed to all the rights, titles, powers, interests, properties, assets, funds, and credits of the Arkansas School for Mathematics and Sciences and the Board of Trustees of the Arkansas School for Mathematics and Sciences, including all rights, titles, and interests in and to all real and personal property acquired by or vested in that institution or the Board of Trustees of the Arkansas School for Mathematics and Sciences.
  3. On January 1, 2004, the appropriate state officials are directed to transfer all funds, appropriations, credits, and equities belonging to the Arkansas School for Mathematics and Sciences and the Board of Trustees of the Arkansas School for Mathematics and Sciences so that these funds, appropriations, credits, and equities shall be credited to and made available for the Board of Trustees of the University of Arkansas for use on its Arkansas School for Mathematics, Sciences, and the Arts campus.
  4. On January 1, 2004, the Board of Trustees of the Arkansas School for Mathematics and Sciences shall relinquish all responsibility, control, and supervision concerning the Arkansas School for Mathematics and Sciences, and by delivery of the assets, books of accounts, and files of that institution to the Board of Trustees of the University of Arkansas shall be divested of all obligations and duties applicable to the Arkansas School for Mathematics and Sciences.

History. Acts 2003, No. 1305, § 1.

6-42-302. Purpose — Location — Funding — Tuition.

  1. The Arkansas School for Mathematics, Sciences, and the Arts shall be a residential high school for students who exhibit outstanding academic credentials and who have the ability to undertake course work in an environment and with demands similar to those of a university.
    1. The purposes of the school shall be to educate the gifted and talented math, science, and the fine and performing arts students of the state and to develop curricula and materials to improve instruction in mathematics, sciences, and the fine and performing arts for all students in the state.
    2. The school's curriculum, faculty, and admissions policies shall reflect the purposes described by this section.
  2. While the emphasis of the school shall be dedicated to the academic teaching of mathematics, sciences, and the fine and performing arts, emphasis may also be placed upon other areas of the arts and humanities as deemed appropriate by the Board of Trustees of the University of Arkansas.
  3. The board of trustees shall maintain the Arkansas School for Mathematics, Sciences, and the Arts in Hot Springs as a campus of the University of Arkansas, offering at that location the highest possible quality of educational programs as set forth in this subchapter.

History. Acts 2003, No. 1305, § 2; 2017, No. 718, § 1.

Amendments. The 2017 amendment substituted “high school for students” for “school for eleventh grade and twelfth grade students” in (a).

6-42-303. Board of Visitors.

    1. There is established a Board of Visitors for the Arkansas School for Mathematics, Sciences, and the Arts.
    2. The persons serving on December 31, 2003, as members of the Board of Trustees of the Arkansas School for Mathematics and Sciences shall be members of the Board of Visitors for the Arkansas School for Mathematics, Sciences, and the Arts and shall continue to serve for terms equal to the unexpired portions of their terms as members of the Board of Trustees of the Arkansas School for Mathematics and Sciences.
    3. The Board of Visitors for the Arkansas School for Mathematics, Sciences, and the Arts shall consist of seven (7) members appointed by the Governor for seven-year terms.
    4. As initial terms expire and when vacancies occur, the Governor shall appoint a person to fill each vacancy for the remaining portion of the unexpired term.
    5. Appointments shall be for terms of seven (7) years or for the remaining portion of an unexpired term.
    1. In addition to possessing the qualifications of an elector, each member of the Board of Visitors for the Arkansas School for Mathematics, Sciences, and the Arts appointed by the Governor shall reside in the State of Arkansas.
    2. One (1) member shall be appointed from each congressional district, and the remaining members shall be appointed from the state at large.
      1. In addition to appointed members of the Board of Visitors for the Arkansas School for Mathematics, Sciences, and the Arts, six (6) ex officio nonvoting members shall also serve on the Board of Visitors for the Arkansas School for Mathematics, Sciences, and the Arts as follows:
        1. The Commissioner of Elementary and Secondary Education;
        2. The Director of the Division of Higher Education;
        3. The Director of the Arkansas Economic Development Commission or his or her designee;
        4. The Director of the Division of Arkansas Heritage;
        5. The president of the parent association of the school; and
        6. The president of the student government of the school.
      2. The terms of office of an ex officio nonvoting member shall continue so long as he or she occupies the position or office.
      1. The Board of Visitors for the Arkansas School for Mathematics, Sciences, and the Arts shall meet at least quarterly as the Board of Visitors for the Arkansas School for Mathematics, Sciences, and the Arts determines and shall elect from its voting members a chair, a vice chair, and a secretary.
      2. With prior notice to all members, special meetings may be called as needed by either the chair or any three (3) of the voting members of the Board of Visitors for the Arkansas School for Mathematics, Sciences, and the Arts.
    1. Regular minutes of its meetings shall be preserved.

History. Acts 2003, No. 1305, § 3; 2015 (1st Ex. Sess.), No. 7, § 69; 2015 (1st Ex. Sess.), No. 8, § 69; 2017, No. 718, § 2; 2019, No. 910, § 1804.

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 rewrote (b)(3)(A)(iii).

The 2017 amendment substituted “at least quarterly” for “monthly” in (c)(1)(A).

The 2019 amendment substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b)(3)(A)(i); substituted “Division of Higher Education” for “Department of Higher Education” in (b)(3)(A)(ii); substituted “Director of the Arkansas Economic Development Commission” for “Executive Director of the Arkansas Economic Development Commission” in (b)(3)(A)(iii); and substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in (b)(3)(A)(iv).

6-42-304. Board of Visitors — Purposes.

      1. The general purpose of the Board of Visitors for the Arkansas School for Mathematics, Sciences, and the Arts is to perform a supporting and advising role with regard to the operation of the Arkansas School for Mathematics, Sciences, and the Arts.
      2. The Board of Visitors for the Arkansas School for Mathematics, Sciences, and the Arts may recommend implementation and establishment of policies consistent with policies of the Board of Trustees of the University of Arkansas.
      3. The Board of Visitors for the Arkansas School for Mathematics, Sciences, and the Arts shall serve as a liaison between the school, parents, and other constituents, the President of the University of Arkansas, and the Board of Trustees of the University of Arkansas.
      4. Because the Board of Trustees of the University of Arkansas and the president may delegate broad administrative responsibilities to the Administrator of the Arkansas School for Mathematics, Sciences, and the Arts consistent with policies established or approved by the Board of Trustees of the University of Arkansas, the Board of Visitors for the Arkansas School for Mathematics, Sciences, and the Arts will have the opportunity to give meaningful advice and recommendations to further the development and operation of the school.
    1. The Board of Visitors for the Arkansas School for Mathematics, Sciences, and the Arts shall:
      1. Assist in securing financial support for the school;
      2. Advise the administrator of the school and the president and the Board of Trustees of the University of Arkansas regarding the educational, service, and financial needs of the school;
      3. Accept and execute specific assignments made by the Board of Trustees of the University of Arkansas and the president;
      4. Keep informed on those matters that are necessary to promote the educational aims of the school for the benefit of the students;
      5. Study in detail the reports and issues placed before it by the Board of Trustees of the University of Arkansas; and
      6. Promote in diverse ways the growth and development in excellence of the school and the University of Arkansas in general.
    2. The Board of Visitors for the Arkansas School for Mathematics, Sciences, and the Arts shall have oversight coordination as specifically assigned by the Board of Trustees of the University of Arkansas, which may include oversight responsibility with respect to the school's operating budget, internal governance, and methods of operations.
    3. Communications, including advice and recommendations, from the Board of Visitors for the Arkansas School for Mathematics, Sciences, and the Arts shall be transmitted through the administrator of the school and by him or her through the president to the Board of Trustees of the University of Arkansas.
  1. The school shall be funded by moneys appropriated by the General Assembly for the operation of the school and by grants, contributions, or donations that may be received for the support of the school.
    1. Students who are residents of this state selected to attend the school shall not be required to pay tuition, fees, or room and board.
    2. Students who are residents of other countries selected to attend the school shall pay the cost of tuition, fees, and room and board as established by the Board of Trustees of the University of Arkansas.
  2. Any student who is a senior at the school shall have the option of participating in activities and events with and in the same manner as other members of the graduating class in his or her home school district, including, but not limited to, the following:
    1. The prom or banquet;
    2. Class Day activities;
    3. Graduation activities;
    4. Recognition as a honor graduate except as valedictorian or salutatorian; and
    5. Class pictures, including yearbook and composite pictures.

History. Acts 2003, No. 1305, § 4; 2017, No. 718, §§ 3, 4.

Amendments. The 2017 amendment repealed (a)(2)(C); redesignated former (c) as (c)(1); added (c)(2); and inserted “who are residents of this state” in (c)(1).

6-42-305. Administrator — Staff.

    1. The Administrator of the Arkansas School for Mathematics, Sciences, and the Arts shall be the chief administrative officer of the school and shall administer the Arkansas School for Mathematics, Sciences, and the Arts in accordance with policies established by the Board of Trustees of the University of Arkansas.
    2. The administrator shall be employed by the board of trustees after appropriate advice and counsel of the Board of Visitors of the Arkansas School for Mathematics, Sciences, and the Arts.
  1. Upon recommendation of the administrator, the board of trustees shall employ other personnel as it deems necessary for the operation of the school.
    1. Instructors shall be employed by the board of trustees and shall have such rights, privileges, and obligations as the board of trustees shall determine except that they shall not be eligible for tenure nor carry professional rank.
    2. In the event that policies of the board of trustees conflict with existing law with respect to terms and conditions of employment of instructors and staff, the policies shall control.
  2. Instructors and staff of the school shall continue to be eligible for membership in the Arkansas Teacher Retirement System and to earn credited service for employment at the school or, at their election, shall be eligible to participate in the retirement system of the University of Arkansas.

History. Acts 2003, No. 1305, § 5.

6-42-306. Division of Elementary and Secondary Education rules.

All Division of Elementary and Secondary Education rules shall apply to the Arkansas School for Mathematics, Sciences, and the Arts unless the division determines otherwise or unless the rules conflict with governance of the school by the Board of Trustees of the University of Arkansas and the purposes and intent of this subchapter.

History. Acts 2003, No. 1305, § 6; 2019, No. 910, § 1805.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the section heading and in the text, and substituted “division” for department”.

6-42-307. School for Math, Sciences, and Arts Fund.

  1. There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the “School for Math, Sciences, and Arts Fund”.
  2. The fund shall be used to provide for the maintenance, operation, and improvement required by the Arkansas School for Mathematics, Sciences, and the Arts in carrying out its powers, functions, and duties as set out by law.
  3. The fund shall consist of moneys allocated and transferred from the Educational Excellence Trust Fund, any general revenues as may be provided by the Revenue Stabilization Law, § 19-5-101 et seq., and any other moneys as may be authorized by law.

History. Acts 2003, No. 1305, § 9.

6-42-308. School qualifies as local education agency.

  1. The General Assembly designates that the Arkansas School for Mathematics, Sciences, and the Arts meets the definition of a “local education agency” because the school is a public authority legally constituted within this state to perform a service function for public secondary schools and is a public institution or agency having administrative control and direction of a secondary school.
  2. This section intends to recognize the function of the Arkansas School for Mathematics, Sciences, and the Arts and to provide eligibility to the Arkansas School for Mathematics, Sciences, and the Arts to receive federal funds.
  3. Nothing in this section shall permit the Arkansas School for Mathematics, Sciences, and the Arts to receive funds from the Public School Fund except pursuant to a line item appropriation.

History. Acts 2003 (2nd Ex. Sess.), No. 22, § 1.

6-42-309. Charter school option.

  1. The Board of Trustees of the University of Arkansas may petition the State Board of Education for the Arkansas School for Mathematics, Sciences, and the Arts to receive public charter school status under the Arkansas Quality Charter Schools Act of 2013, § 6-23-101 et seq.
  2. If the petition is granted, funding for the public charter school shall be made pursuant to an appropriation by the General Assembly for the Arkansas School for Mathematics, Sciences, and the Arts.

History. Acts 2003 (2nd Ex. Sess.), No. 22, § 1.

6-42-310. School district access provided to the Arkansas School for Mathematics, Sciences, and the Arts.

Upon a written request made by the Arkansas School for Mathematics, Sciences, and the Arts, a school district shall provide reasonable access to the school district campus for the purpose of contacting students regarding potential enrollment at the Arkansas School for Mathematics, Sciences, and the Arts.

History. Acts 2007, No. 51, § 1.

Chapter 43 Arkansas School for the Blind and Arkansas School for the Deaf

A.C.R.C. Notes. Acts 1995, No. 687, §§ 1-4 provided:

“SECTION 1. It is hereby found and determined by the General Assembly that the State of Arkansas holds title to certain hereinafter described lands which adjoin the lands on which the Arkansas School for the Blind and the Arkansas School for the Deaf are located and which are held for the use and benefit of the two schools; that the lands are currently under a fifty year lease to the Arkansas Easter Seal Society for a rental of one dollar ($1.00) per year; that the Board of Trustees for the Arkansas School for the Blind and Arkansas School for the Deal desires to sell such lands and the improvements thereon; that it is in the best interests of the State of Arkansas and of the Arkansas School for the Blind and the Arkansas School for the Deaf that the Board of Trustees of the schools be authorized to sell the land and improvements thereon at a reasonable price and that the proceeds of the sale be divided between the Arkansas School for the Blind, the Arkansas School for the Deaf and the Arkansas Easter Seal Society; and that it is the purpose and intent of this act to authorize such sale and the division of the proceeds.

“SECTION 2. The Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf is hereby authorized to negotiate for the sale of and to sell the hereinafter described lands which are held in the name of the State of Arkansas for the use and benefit of the Arkansas School for the Blind and the Arkansas School for the Deaf. The board is further authorized to divide the proceeds from the sale of the land and the improvements thereon with the Arkansas Easter Seal Society, Inc., with the board receiving an amount equivalent to the appraised value of the lands exclusive of the improvements thereon, and with the Arkansas Easter Seal Society receiving the balance of the proceeds.

“SECTION 3. All proceeds derived from the sale of lands exclusive of the improvements thereon as authorized herein shall be used exclusively for the benefit of the Arkansas School for the Blind and the Arkansas School for the Deaf.

“SECTION 4. The following described lands may be sold pursuant to and in accordance with the provisions of this act and any such sale shall be exempt from the procedures and requirements of Arkansas Code 22-6-601 and any other laws relating to the sale of lands by state agencies:

“Beginning at the Northwest corner of Section Four (4), Township One (1) North, Range Twelve (12) West; thence along the North Line of said Section Four (4) for a distance of 900 feet; thence South for a distance of 500 feet, thence West 900 feet to the West line of said Section Four (4); thence North along the West line of said Section Four (4) for a distance of 500 feet to the point of beginning in Pulaski County, Arkansas.”

Research References

ALR.

Educational placement of handicapped children. 23 A.L.R.4th 740.

Subchapter 1 — General Provisions

Effective Dates. Acts 1875 (Adj. Sess.), No. 65, § 8: approved Dec. 14, 1875. Effective date clause provided: “All laws and parts of laws inconsistent with this act are hereby repealed, and this act take effect and be in force from and after its passage.”

Acts 1893, No. 154, § 6: approved Apr. 12, 1893. Effective date clause provided: “That this act take effect and be in force from and after its passage.”

Acts 1925, No. 117, § 7: approved Feb. 27, 1925. Emergency clause provided: “This act, being necessary for the immediate preservation of the public peace, health and safety an emergency is hereby declared to exist, shall take effect and be in force from and after its passage.”

Acts 1927, No. 37, § 19: June 30, 1927.

Acts 1943, No. 1, § 9: Jan. 14, 1943. Emergency clause provided: “It is hereby found and declared that amendment No. 33 to the Constitution of the State of Arkansas, which will become effective on January 15, 1943, provides that the General Assembly shall arrange the terms of office of the members of boards charged with the management or control of all charitable, penal or correctional institutions and institutions of higher learning of the State of Arkansas in such manner that the term of office of one member of said board shall expire each year and that said amendment further provides that the unexpired terms of members serving on the effective date of the amendment shall not be decreased; and, it is further found and declared that the terms of members of all of said Boards do not expire in a manner which will make operative all of the provisions of said amendment. It is found, therefore, that delay in the effective date of this act will create confusion by reason of the uncertain status of present board members, and, that in order to preserve the public peace, health and safety, an emergency is hereby declared to exist, and this act shall take effect and be in full force from and after its passage and approval.”

Acts 1979, No. 497, § 3: Mar. 21, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is necessary to provide that one member of the Board of Trustees of the Arkansas School for the Blind and Arkansas School for the Deaf be a deaf person fluent in sign language; that such is not now required, and that this is immediately necessary to provide such requirement. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 356, § 13: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this act on July 1, 1981 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1981 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1981.”

Acts 1981, No. 446, § 16: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1981 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1981 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1981.”

Acts 1989 (1st Ex. Sess.), No. 263, § 16: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1993, No. 496, § 18 and No. 497, § 20: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1993 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1993 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 1995, No. 810, § 19: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1995, No. 957, § 20: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1995, No. 1192, § 7: Apr. 11, 1995. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is important to the education and welfare of the students at the Arkansas School for the Blind and the Arkansas School for the Deaf that they receive instruction from caring and qualified individuals; that there is currently a demand for persons qualified in deaf and blind instruction; that persons who are qualified to give instruction in blind and deaf education oftentimes are related to other persons also qualified to give that instruction; that enabling such persons to work together to provide quality education benefits the students at the Arkansas School for the Blind and the Arkansas School for the Deaf; that in order to ensure that such qualified persons are not precluded from providing much needed services to the Arkansas School for the Blind or the Arkansas School for the Deaf it is necessary that this act become effective immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer [sic], it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1012, § 20: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1999 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1999 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1999.”

Acts 1999, No. 1013, § 25: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1999 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1999 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1999.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-43-101. Board of trustees.

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

History. Acts 1927, No. 37, § 15; Pope's Dig., § 12801; Acts 1943, No. 1, §§ 2, 4-6; 1979, No. 497, § 1; 1981, No. 356, § 8; 1981, No. 446, § 11; A.S.A. 1947, §§ 7-201, 7-203, 7-203.1, 7-204, 7-205, 7-206.1, 7-207; Acts 1993, No. 294, § 16; 1997, No. 250, § 21; 2005, No. 1994, § 387.

Publisher's Notes. Arkansas Constitution, Amendment 33, Section 1 provided in part that the terms of office of five-member boards are five years. The terms are arranged so that the term of one member expires in each year.

The provisions of Acts 1943, No. 1 that established honorary boards and commissions governing state institutions are codified as § 25-17-201 et seq.

Acts 1979, No. 497, § 1, is also codified as § 25-17-205.

Cross References. Meetings, regulations with respect to, §§ 25-17-208, 25-17-211.

Case Notes

Cited: Jackson v. Bishop, 404 F.2d 571 (8th Cir. 1968); Walther v. McDonald, 243 Ark. 912, 422 S.W.2d 854 (1968).

6-43-102. Powers and duties of board.

  1. The Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf created in § 6-43-101 is charged with the management and control of the Arkansas School for the Blind and the Arkansas School for the Deaf.
  2. The board shall have the power, authority, and duties formerly conferred by law on the board it succeeds including those set forth below:
    1. The board shall exercise such powers of supervision and control as are not specifically reserved to the superintendent; and
    2. The board, in consultation with the Secretary of the Department of Education, shall fix the salaries of officers and employees not already fixed by law.

History. Acts 1927, No. 37, § 12; Pope's Dig., § 12798; Acts 1943, No. 1, § 3; A.S.A. 1947, §§ 7-202, 7-208; Acts 2019, No. 910, § 1806.

Publisher's Notes. The board created in § 6-43-101 succeeded to all the power, authority, and duties of the board charged with the management or control of the Arkansas School for the Blind and the Arkansas School for the Deaf under Acts 1927, No. 37, which was abolished by Acts 1943, No. 1, § 1.

As to codification of Acts 1943, No. 1, see Publisher's Notes to § 6-43-101.

Amendments. The 2019 amendment inserted “in consultation with the Secretary of the Department of Education” in (b)(2).

Case Notes

Cited: Starnes v. Sadler, 237 Ark. 325, 372 S.W.2d 585 (1963); Jackson v. Bishop, 404 F.2d 571 (8th Cir. 1968); Doe v. Barger, 193 F. Supp. 2d 1112 (E.D. Ark. 2002).

6-43-103. Superintendents.

  1. The immediate conduct and management of the Arkansas School for the Blind and the Arkansas School for the Deaf shall be entrusted to superintendents.
  2. The Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf, in consultation with the Secretary of the Department of Education, shall select the superintendents of the institutions committed to its care.
    1. Each of the superintendents shall be required to give bond in a sum fixed by the board, payable to the State of Arkansas, for the faithful discharge of his or her duties and the proper accounting for all moneys and property coming into his or her possession as such officer.
    2. The bonds shall be made by any surety company authorized to do business in Arkansas, approved by the Governor, filed in the office of the Secretary of State, and paid for by the state out of current expenses appropriated by the respective institutions.
  3. The superintendents of the schools shall be required to give their entire time to the management and operation of their respective institutions and shall be selected because of their previous training and fitness to care for the schools entrusted to their care.

History. Acts 1927, No. 37, §§ 12-14; Pope's Dig., §§ 12798-12800; A.S.A. 1947, §§ 7-208 — 7-210; Acts 2019, No. 910, § 1807.

A.C.R.C. Notes. The operation of subsection (c) of this section was suspended by adoption of a self-insured fidelity bond program for public officers, officials and employees, effective July 20, 1987, pursuant to § 21-2-701 et seq. The subsection may again become effective upon cessation of coverage under that program. See § 21-2-703.

Amendments. The 2019 amendment inserted “in consultation with the Secretary of the Department of Education” in (b).

Case Notes

Cited: Lindsay v. White, 212 Ark. 541, 206 S.W.2d 762 (1947); Doe v. Barger, 193 F. Supp. 2d 1112 (E.D. Ark. 2002).

6-43-104. Employees generally.

  1. The superintendents shall have power to select and engage all employees of the schools at salaries fixed by the Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf in consultation with the Secretary of the Department of Education, reporting the same for approval to the board at the next regular meeting thereof.
  2. The superintendents shall have the power to remove employees of the respective schools and may remove any employee at any time in their discretion for cause, but, in case of removal, the superintendent shall report the removal and the ground therefor to the board and the secretary.

History. Acts 1927, No. 37, § 14; Pope's Dig., § 12800; Acts 1963, No. 514, § 1; A.S.A. 1947, § 7-210; Acts 1995, No. 1192, § 1; 2019, No. 910, § 1808.

Amendments. The 2019 amendment inserted “in consultation with the Secretary of the Department of Education” in (a); and, in (b), deleted “sole” preceding “power” and added “and the Secretary of the Department of Education”.

Cross References. Reimbursement for interpreter services for deaf, § 21-5-218.

Case Notes

Discharge of Employees.

The decision by the board to eliminate positions at the Arkansas School for the Blind did not amount to a discharge of individual employees for cause, such that it would infringe upon the power reserved solely to the superintendent under the statute. Stephens v. Ark. Sch. for Blind, 341 Ark. 939, 20 S.W.3d 397 (2000).

Cited: Lindsay v. White, 212 Ark. 541, 206 S.W.2d 762 (1947).

6-43-105. Attendance — Enforcement.

  1. Every parent, guardian, or other person having control of any mentally normal minor over eight (8) years of age who is defective in hearing or sight to the extent that he or she cannot be benefited by instruction in the public schools shall be required to send such a minor to the Arkansas School for the Deaf or the Arkansas School for the Blind.
  2. The minor shall continue to attend the schools for a term of at least thirty-two (32) weeks each year until he or she has completed the course of instruction prescribed for the schools by the Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf or any other body or person designated by law to have control of the schools, respectively, or until he or she has been discharged by the superintendent of the school.
  3. The deaf or blind minor shall be exempt from attendance at the schools for any of the following reasons:
    1. Instruction by a private tutor or in another school approved by the board of trustees or any other body or person designated by law to have control of the schools for a time equal to that required by subsection (b) of this section;
    2. Physical incapacity for school work; or
    3. Any other reason deemed good and sufficient by the superintendent of the school with the approval of the board of trustees.
    1. Failure for a period of one (1) week within the school year to send such a minor to school shall constitute an offense.
    2. However, the time necessary for such a minor to travel from his or her home to Little Rock shall not be counted as time absent from school.
  4. Any person who induces or attempts to induce such deaf or blind minor to absent himself or herself from school or who employs or harbors such a minor unlawfully while the schools are in session shall be guilty of a violation and upon conviction shall be fined not less than twenty dollars ($20.00) nor more than fifty dollars ($50.00) for each offense.
  5. It shall be the duty of county boards, or the boards' designees, school attendance officers, prosecuting attorneys, and any special attendance officers appointed by the Arkansas School for the Deaf and the Arkansas School for the Blind as well as all peace officers to enforce the provisions of this section.
  6. Any parent, guardian, or other person in charge of such a minor or minors who fails or refuses to comply with the requirements of this section shall be guilty of a violation and upon conviction shall be fined not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for each offense.

History. Acts 1925, No. 117, §§ 1-6; Pope's Dig., §§ 12900-12905; Acts 1973, No. 253, § 4; A.S.A. 1947, §§ 80-2401, 80-2402 — 80-2406; Acts 1993, No. 294, § 16; 2005, No. 1994, § 71.

6-43-106. Deaf and blind children — Out-of-state facilities.

  1. The Arkansas School for the Blind is authorized to expend available funds for the purpose of sending children under the age of twenty-one (21), who are deaf as well as blind and for which there are no facilities for education in this state, to any school, institution, or other place outside the State of Arkansas providing a qualified program of education for such children.
  2. The funds may be spent for room, board, tuition, transportation, and other items which are necessarily relevant to the education of such children.
  3. In interpreting and carrying out the provisions of this section, the words “deaf-blind children”, wherever used, will be construed to include any child whose combination of disabilities of deafness and blindness would prevent him or her from profiting satisfactorily from educational programs now provided for the blind child or the deaf child by the State of Arkansas.
  4. The school is authorized to determine if such children should be sent to such out-of-state facilities.
  5. The school is authorized to promulgate such rules as it deems necessary and proper for carrying out the purposes and intent of this section.

History. Acts 1959, No. 249, § 1; A.S.A. 1947, § 80-2401.1; Acts 2019, No. 315, § 328.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (e).

6-43-107. Application for admission — Certificate of residence.

Whenever application is made for the admission of any blind or hearing impaired person into the Arkansas School for the Blind or the Arkansas School for the Deaf, as a beneficiary of the privileges thereof, the application shall be accompanied by the certificate of the county judge that the person is a legal resident of the county of the State of Arkansas in which it is claimed that he or she resides.

History. Acts 1875, (Adj. Sess.), No. 65, § 1, p. 134; C. & M. Dig., §§ 9369, 9481; Pope's Dig., §§ 12834, 12884; A.S.A. 1947, § 80-2414.

6-43-108. Removal of pupils.

    1. Whenever it shall be deemed necessary by the proper officers of either of the schools, in accordance with the bylaws and rules thereof, to have pupils removed, either temporarily on account of ill health or the vacation of the school, or permanently on account of having completed their course of instruction or having been found disqualified, from any cause, for a longer continuance in the school, the parents, or guardians, if they have any, of such pupils shall promptly remove them upon the requirement of the officers.
    2. In case they shall not be thus provided for, it shall be the duty of the superintendent or principal of such institution to cause them to be so removed to their houses or delivered to the proper officers of the counties in which they may reside.
    1. The expense of removal shall be refunded to each institution in the same manner as is provided in § 6-43-109.
    2. The county sheriff may collect it in the same manner as is provided in § 6-43-109.

History. Acts 1875 (Adj. Sess.), No. 65, § 6, p. 134; C. & M. Dig., §§ 9374, 9486; Pope's Dig., §§ 12839, 12889; A.S.A. 1947, § 80-2424; Acts 2019, No. 315, § 329.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (a)(1).

6-43-109. Clothing and traveling expenses — Generally.

  1. When such persons, upon proper application, are admitted as pupils of either the Arkansas School for the Blind or the Arkansas School for the Deaf, it shall be the duty of their parents, guardians, or other friends to suitably provide them with clothing at the time of their entrance into the school, and during their continuance therein, and to defray their traveling expenses to and from the institution, not only at the time of their first entrance and final departure but at any other time when it shall become necessary for them to leave or return to the school.
      1. In all cases in which suitable clothing and means for defraying traveling expenses are not otherwise supplied to the pupils of the schools, suitable clothing and means of defraying travel expenses shall be provided by the superintendent or principal of the respective schools, who shall make out and file with the Auditor of State accounts for the clothing and travel expenses, separate in each case, against the respective counties from which such pupils are sent, in an amount not exceeding forty dollars ($40.00) per annum for any one (1) pupil.
      2. The accounts shall be severally signed by the proper superintendent or principal.
    1. The Auditor of State shall draw his or her warrant on the Treasurer of State for the amounts, which shall be paid out of any money in the State Treasury not otherwise appropriated.
    2. However, the amount drawn by either institution for the aforesaid purposes per year shall not exceed two thousand dollars ($2,000).
    3. Each account thus certified shall be charged to the county from which the pupil named therein was sent.
      1. The Auditor of State shall forward a certified copy of each account so filed with him or her to the sheriff of the proper county, who shall proceed to collect the account in the name of the State of Arkansas, as other debts are collected, and the money so collected shall be paid over to the Treasurer of State, who shall give receipts therefor as in case of other moneys paid into the State Treasury.
      2. However, if the sheriff shall be unable to collect the amount of any bill from the parents or estate of any pupil, then the bill shall be refunded to the state out of the county treasury.

History. Acts 1875 (Adj. Sess.), No. 65, §§ 2-4, p. 134; C. & M. Dig., §§ 9370-9372, 9482-9484; Pope's Dig., §§ 12835-12837, 12885-12887; A.S.A. 1947, §§ 80-2415 — 80-2417.

6-43-110. Clothing and travel expenses — Warrants.

  1. It shall be the duty of the sheriffs of this state to receive from the county clerks all warrants ordered by their respective county courts by virtue of § 6-43-109(b)(5) and present them to the county treasurer for payment.
    1. The county treasurer of the proper county shall pay the warrants on presentation from any money on hand and appropriated for pauper purposes.
    2. However, if there is no money in the county treasurer's hands from which to pay off the warrants, he or she shall endorse the fact on the warrants, date and sign the endorsement, and return them to the sheriff.
    1. The Treasurer of State is authorized to receive from the several sheriffs and collectors of the state any and all such warrants as may be ordered and issued in payment for clothing and expenses of indigent pupils in the Arkansas School for the Blind or the Arkansas School for the Deaf by the county courts of the counties that are or may be liable for such expenses.
    2. The warrants shall be drawn in favor of the state, shall state on their face the name of the pupil or inmate whose expenses are thereby refunded, and shall be endorsed as required by subsection (b) of this section.
  2. The Treasurer of State is authorized to apply such county warrants so received in payment of the Auditor of State's warrants drawn in favor of the counties for funds received from sales or redemption of lands in lieu of any currency in his or her hands from the source belonging to the respective counties whose warrants he or she holds, replacing the county warrants with the currency.
  3. The State Board of Finance may biennially in October make such disposition of the county warrants so received and not converted into par funds, as provided in subsection (d) of this section, as shall in the judgment of the board be for the best interest of the state and shall order the proper adjustment of the account of the county warrants on the books of the Treasurer of State and Auditor of State.

History. Acts 1893, No. 154, §§ 1-5; C. & M. Dig., §§ 9377-9381, 9487-9491; Pope's Dig., §§ 12842-12846, 12890-12894; A.S.A. 1947, §§ 80-2418 — 80-2422.

6-43-111. Funeral expenses.

In case of the death of any pupil at either of the schools, when funeral expenses are not otherwise provided for, an account thereof shall be made out, certified to, collected, and applied as provided in § 6-43-109.

History. Acts 1875 (Adj. Sess.), No. 65, § 5, p. 134; C. & M. Dig., §§ 9373, 9485; Pope's Dig., §§ 12838, 12888; A.S.A. 1947, § 80-2423.

6-43-112. Transportation of students.

The Arkansas School for the Deaf and the Arkansas School for the Blind are hereby authorized to transport students to and from school in chartered vehicles that are licensed to do business in the State of Arkansas and which meet minimum safety standards established by the United States Department of Transportation.

History. Acts 1989 (1st Ex. Sess.), No. 263, § 12.

6-43-113. Compensation limitation.

  1. No employee drawing a salary or other form of compensation from the Arkansas School for the Blind or the Arkansas School for the Deaf shall be paid an additional salary or receive additional compensation, other than reimbursement for actual expenses, from that agency, nor from any other agency or institution of higher education, except from the superintendent's written certification to and approval by the Chief Fiscal Officer of the State that the work performed by the employee for the other position does not interfere with the proper and required performance of the employee's primary duties and that the combined salary payments from both positions will not exceed the maximum annual salary for whichever of the two (2) positions has the higher authorized maximum annual salary.
  2. Any employee knowingly violating the provisions of this section shall be subject to immediate termination and shall be barred from employment by any agency or institution of the State of Arkansas for a period of not less than three (3) years or until the employee shall repay to the State of Arkansas any sums received by the employee in violation of this section, together with interest at a rate of ten percent (10%) per annum.

History. Acts 1993, No. 496, § 12; 1993, No. 497, § 14; 1995, No. 810, § 12; 1995, No. 957, § 14; Acts 2013, No. 1138, § 76.

Amendments. The 2013 amendment substituted “the” for “such” twice preceding “employee” in (b).

6-43-114. Applicability of § 21-8-304.

Section 21-8-304 relating to nepotism, ethics, or conflicts of interest which are applicable to state agencies and state employees generally shall hereafter be applicable to the Arkansas School for the Blind and the Arkansas School for the Deaf and to the Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf and employees of those institutions.

History. Acts 1995, No. 1192, § 3.

6-43-115. [Repealed.]

Publisher's Notes. This section, concerning additional compensation for employees, was repealed by Acts 2013, No. 1138, § 77. The section was derived from Acts 1997, No. 1005, § 12; 1997, No. 1086, § 12.

6-43-116. Special allowance.

  1. The Arkansas School for the Blind and the Arkansas School for the Deaf may make special allowances available to any employee who performs one (1) of the following duties in addition to his or her normal duties:
    1. Teaching adult education classes on weekends or evenings;
    2. Coaching one (1) or more sports;
    3. Sponsoring a club or organization that involves additional hours outside the normal working day; or
    4. Interpretive services.
  2. Compensation for additional duties may not exceed three thousand dollars ($3,000) per school term for any one (1) employee during each fiscal year.

History. Acts 1999, No. 1012, § 11; 1999, No. 1013, § 11.

A.C.R.C. Notes. Acts 2018, No. 144, § 9, provided: “SPECIAL ALLOWANCE.

The Arkansas School for the Blind may make special allowances available to any employee who performs one of the following duties in addition to their normal duties:

“1) Teaching adult education classes, parent training, student tutorial services on weekends or evenings

“2) Coaching one or more sports

“3) Sponsoring a club or organization that involves additional hours outside of the normal working day

“4) Interpretive Services

“Compensation for additional duties may not exceed $3,500 per school term for any one employee during each fiscal year. Such pay shall not be construed as exceeding the maximum salary authorized for said position.

“The provisions of this section shall be in effect only from July 1, 2018 through June 30, 2019.”

Acts 2018, No. 154, § 7, provided: “SPECIAL ALLOWANCE.

The Arkansas Schools for the Deaf may make special allowances available to any employee who performs one of the following duties in addition to their normal duties:

“1) Teaching adult education classes, parent training, student tutorial services on weekends or evenings

“2) Coaching one or more sports

“3) Sponsoring a club or organization that involves additional hours outside of the normal working day

“4) Interpretive Services

“Compensation for additional duties may not exceed $3,500 per school term for any one employee during each fiscal year. Such additional compensation shall not be construed as exceeding the maximum salary authorized for said employee.

“The provisions of this section shall be in effect only from July 1, 2018 through June 30, 2019.”

6-43-117. Dual position occupancy.

The Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf shall employ and maintain a separate superintendent and secondary principal as authorized by law for each school. In no event shall any one (1) person employed as a superintendent or principal for either school occupy more than one (1) position at one (1) time.

History. Acts 1999, No. 1012, § 13; 1999, No. 1013, § 18.

Subchapter 2 — Arkansas School for the Blind

Publisher's Notes. Acts 1859, No. 97 incorporated the Arkansas Institute for the Blind. Acts 1866, No. 10 provided that the institute should be established at Arkadelphia, and Acts 1868, No. 50, §§ 1-4 moved the institute from Arkadelphia to Little Rock and provided for a new governing body.

Acts 1879, No. 64, § 1 provided that the Arkansas Institute for the Education of the Blind would thereafter be the Arkansas School for the Blind and that all laws and parts of laws in relation to the institute would apply to the Arkansas School for the Blind. The section further provided that all contracts made with the institute and all legacies, bequests, or gifts made to the institute would be binding upon and belong to the Arkansas School for the Blind.

Effective Dates. Acts 1868, No. 50, § 29: effective on passage.

Acts 1893, No. 159, § 9: approved Apr. 12, 1893. Effective date clause provided: “That all laws and parts of laws in conflict with this act are hereby repealed, and this act take effect and be in force from and after its passage.”

Acts 1907, No. 324, § 11: approved May 14, 1907. Effective date clause provided: “All laws and parts of laws in conflict with this Act are hereby repealed, and this Act shall take effect and be in force from and after its passage, except as herein provided.”

Acts 1911, No. 434, §§ 8, 9: Apr. 1, 1911 (approved June 1, 1911). Emergency clause provided: “Section 8. That this Act be and the same is hereby declared to be a law necessary for the immediate preservation of the public peace, health and safety of the community affected.

“Section 9. That all laws and parts of laws in conflict herewith be and the same are hereby repealed and this Act shall take effect and be in force from and after April 1, 1911.”

Acts 1915, No. 286, § 3: Apr. 1, 1915. Emergency clause provided: “That this Act be and the same is hereby declared to be a law necessary for the immediate preservation of the public peace, health and safety of the community affected, this Act shall take effect and be in force from and after April 1, 1915.”

Acts 1917, No. 440, § 6: Apr. 1, 1917. Emergency clause provided: “This Act shall be and the same is hereby declared to be a law necessary for the immediate preservation of the public peace, health and safety, of the community affected, this Act shall take effect and be in force from and after April 1, 1917.”

Acts 1923, No. 682, § 4: Mar. 26, 1923. Emergency clause provided: “This act being necessary for the immediate preservation of the public peace, health, and safety, shall take effect and be in force from and after its passage and approval.”

Acts 1981, No. 446, § 16: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1981 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1981 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1981.”

Acts 1989 (1st Ex. Sess.), No. 263, § 16: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Cross References. Maintenance, transportation, and security for the Arkansas School for the Blind, § 6-43-321.

6-43-201. Board of trustees — Eligibility.

The superintendent, general business manager, and teachers of the Arkansas School for the Blind shall not be eligible for the office of trustee for the school.

History. Acts 1868, No. 50, § 7, p. 154; C. & M. Dig., § 9456; Pope's Dig., § 12859; A.S.A. 1947, § 80-2209; Acts 1993, No. 294, § 16.

6-43-202. Records of board's proceedings.

The Board of Trustees of the Arkansas School for the Blind shall keep a full and correct account of their proceedings in books to be provided for such purpose.

History. Acts 1868, No. 50, § 20, p. 154; C. & M. Dig., § 9473; Pope's Dig., § 12876; A.S.A. 1947, § 80-2202.

6-43-203. Rules.

The Board of Trustees of the Arkansas School for the Blind shall make all rules necessary for the government of the institution not otherwise provided by law, and it shall incorporate the rules in the next report it makes after the promulgation of the rules to the General Assembly.

History. Acts 1868, No. 50, § 7, p. 154; C. & M. Dig., § 9455; Pope's Dig., § 12858; A.S.A. 1947, § 80-2208; Acts 2019, No. 315, § 330.

Amendments. The 2019 amendment substituted “Rules” for “Regulations” in the section heading, and “rules” for “regulations” throughout the section.

6-43-204. General control of property and institutional affairs.

The Board of Trustees of the Arkansas School for the Blind is invested with the general control and direction of the property and affairs of the school, with power to direct such purchases as, under the advice of the superintendent, may be deemed necessary for the comfort, health, and educational advancement of the blind.

History. Acts 1868, No. 50, § 9, p. 154; C. & M. Dig., § 9465; Pope's Dig., § 12868; A.S.A. 1947, § 80-2207.

6-43-205. Real and personal property.

  1. The Board of Trustees of the Arkansas School for the Blind may take and hold in trust for the use of the school any lands conveyed or devised, and any money or other personal property given or bequeathed, to be applied to the benefit of the school.
    1. All property that has been or may be acquired by appropriation from the state, or in any other manner, for the use and benefit of the school, shall be held and deemed to be the property of the state for such use and purposes.
    2. All real estate purchased shall be deeded to the State of Arkansas, and, after recording the deed conveying the real estate in the proper recorder's office, the deed shall be filed in the office of the Secretary of State.

History. Acts 1868, No. 50, §§ 5, 6, p. 154; C. & M. Dig., §§ 9453, 9454; Pope's Dig., §§ 12856, 12857; A.S.A. 1947, §§ 80-2205, 80-2206.

6-43-206. Materials and supplies.

No trustee shall be allowed to furnish material for building purposes; nor shall they be, either directly or indirectly, personally interested in the purchase of any article of merchandise or other supplies for the use of such institution.

History. Acts 1868, No. 50, § 7, p. 154; C. & M. Dig., § 9456; Pope's Dig., § 12859; A.S.A. 1947, § 80-2209.

6-43-207. Approval of building expenditures.

No expenditures for building purposes shall be made for the benefit of the school unless the expenditure shall be recommended by the Board of Trustees of the Arkansas School for the Blind.

History. Acts 1868, No. 50, § 10, p. 154; C. & M. Dig., § 9466; Pope's Dig., § 12869; A.S.A. 1947, § 80-2216.

6-43-208. Superintendent.

  1. The Board of Trustees of the Arkansas School for the Blind shall have the power to elect a Superintendent of the Arkansas School for the Blind, who shall receive an annual compensation to be fixed by the board of trustees. This amount shall be reported to the General Assembly.
  2. The superintendent shall be permitted to accept and use free transportation on any railroad in this state without incurring the penalty incurred in § 23-4-803 [repealed].

History. Acts 1868, No. 50, § 7, p. 154; 1917, No. 440, § 4, p. 1991; C. & M. Dig., § 9455; Pope's Dig., § 12858; A.S.A. 1947, § 80-2208.

6-43-209. General business manager.

  1. The general business manager, before entering upon the duties of his or her office, shall give bond to the state in penalty and with surety, to be approved by the Board of Trustees of the Arkansas School for the Blind, conditioned for the faithful performance of his or her official duties. The bond is to be filed in the office of the Auditor of State.
  2. The general business manager shall discharge his or her various duties under the direction of the Superintendent of the Arkansas School for the Blind, who shall examine all statements prepared by the general business manager, whether for past or contemplated expenditures, and the board of trustees shall receive no statement of expenditures from the general business manager unless the approval of the superintendent is endorsed thereon.

History. Acts 1868, No. 50, §§ 12, 14, p. 154; C. & M. Dig., §§ 9468, 9469; Pope's Dig., §§ 12871, 12872; A.S.A. 1947, §§ 80-2218, 80-2219; Acts 1993, No. 294, § 16.

A.C.R.C. Notes. The operation of subsection (a) of this section was suspended by adoption of a self-insured fidelity bond program for public officers, officials and employees, effective July 20, 1987, pursuant to § 21-2-701 et seq. The subsection may again become effective upon cessation of coverage under that program. See § 21-2-703.

6-43-210. Performance of duties by employees.

  1. The teachers, officers, and employees shall perform such other duties as the Superintendent of the Arkansas School for the Blind may direct, and when their services are not needed, they shall be discharged.
  2. However, if the teachers, officers, and employees are unjustly discharged, they shall be entitled to a fair and impartial hearing before the Board of Trustees of the Arkansas School for the Blind.

History. Acts 1907, No. 324, § 3, p. 785; C. & M. Dig., § 9461; Pope's Dig., § 12864; A.S.A. 1947, § 80-2212.

Case Notes

Discharge of Employees.

The decision by the board to eliminate positions at the Arkansas School for the Blind did not amount to a discharge of individual employees for cause and, therefore, the employees discharged as a result of the elimination of their positions were not entitled to hearings under the statute. Stephens v. Ark. Sch. for Blind, 341 Ark. 939, 20 S.W.3d 397 (2000).

Cited: Lucas v. Futrall, 84 Ark. 540, 106 S.W. 667 (1907).

6-43-211. Qualifications of teachers.

No teacher shall be employed in the Arkansas School for the Blind unless the teacher holds a current teacher's license issued by the State Board of Education.

History. Acts 1909, No. 282, § 7, p. 864; C. & M. Dig., § 9459; Pope's Dig., § 12862; A.S.A. 1947, § 80-2211; Acts 1993, No. 294, § 16.

6-43-212. Employment of operatives to make repairs and cultivate grounds.

The Superintendent of the Arkansas School for the Blind may employ such operatives as are necessary for the proper management of the school, the repair of buildings, and cultivation of adjacent grounds belonging thereto, and the superintendent shall report the same to the Board of Trustees of the Arkansas School for the Blind at its next meeting.

History. Acts 1868, No. 50, § 10, p. 154; C. & M. Dig., § 9466; Pope's Dig., § 12869; A.S.A. 1947, § 80-2216.

6-43-213. Salaries.

    1. The salary of any person connected with the Arkansas School for the Blind shall not be increased during the period for which he or she has been elected or employed.
    2. When any increase of salary is granted by the Board of Trustees of the Arkansas School for the Blind by this subsection, the increase shall take effect and be in force at the beginning of the next school term after the increase is granted.
  1. Teachers for the sensory impaired shall be eligible for an additional step increase after being certified in teaching the vision or hearing impaired by the Department of Education.
  2. The Arkansas School for the Blind is hereby authorized to pay employees hired in the position of teacher for the sensory impaired for the yearly school term the maximum annual salary rate established for each position.

History. Acts 1911, No. 434, § 4; C. & M. Dig., § 9458; Pope's Dig., § 12861; Acts 1981, No. 446, §§ 10, 12; A.S.A. 1947, §§ 80-2210 — 80-2210.2; Acts 1989 (1st Ex. Sess.), No. 263, § 10.

6-43-214. Admissions.

  1. All blind persons of suitable character and capacity between the ages of three (3) and twenty-one (21) years, residing in the state shall be entitled to the benefits of the school free of charge.
  2. Pupils from outside the state may be admitted to the privileges of the institution upon the payment of such sums as the Board of Trustees of the Arkansas School for the Blind may consider sufficient to defray expenses.
  3. If, in the opinion of the board of trustees, any blind person above the age of twenty-one (21) years may be benefited by being received into the institution for a limited time to learn a trade or receive instruction, they may, by unanimous vote, and with approval of the Superintendent of the Arkansas School for the Blind, admit such person.

History. Acts 1868, No. 50, §§ 22, 24, p. 154; C. & M. Dig., §§ 9476, 9477; Pope's Dig., §§ 12879, 12880; A.S.A. 1947, §§ 80-2407, 80-2408; Acts 1993, No. 294, § 16.

6-43-215. Expulsions.

The Board of Trustees of the Arkansas School for the Blind may expel from the school any pupil whose longer continuance in the school would be injurious to the school.

History. Acts 1868, No. 50, § 24, p. 154; C. & M. Dig., § 9477; Pope's Dig., § 12880; A.S.A. 1947, § 80-2408.

6-43-216. Use of buildings during vacation period.

  1. No person, teacher, party, servant, or employee shall be boarded, lodged, or in any manner whatever provided for during the vacation of the school, neither shall any party or person at any time be lodged, boarded, or permitted to remain at the school at the expense of the state not specifically designated and provided for in this subchapter.
  2. However, this section shall not apply to those employees and pupils who have no homes and are required to remain at the school during vacation.

History. Acts 1893, No. 159, § 8, p. 273; C. & M. Dig., § 9479; Pope's Dig., § 12882; A.S.A. 1947, § 80-2222.

6-43-217. Sale of articles made by students.

The funds arising from the sale of articles made at the school by student labor shall be used as a contingency fund by the Superintendent of the Arkansas School for the Blind, under the direction of the Board of Trustees of the Arkansas School for the Blind, for the purpose of paying for postage, freight, expressage, telegraph and telephone tolls, emergencies, medicines, and such other purposes as the board of trustees may direct, and the superintendent shall submit an itemized statement of receipts and expenditures from this fund to the board of trustees at its monthly meetings.

History. Acts 1915, No. 286, § 2; C. & M. Dig., § 9480; Pope's Dig., § 12883; A.S.A. 1947, § 80-2223.

6-43-218. Financial aid to graduates attending postsecondary educational institutions.

    1. Any graduate of the Arkansas School for the Blind who is a resident of this state and who is a regularly enrolled student in any university, college, conservatory of music, or technical institution may, under the direction of the Superintendent of the Arkansas School for the Blind and subject to the approval of the Board of Trustees of the Arkansas School for the Blind, receive aid for the purpose of defraying his or her necessary expenses, including a reader, while in attendance at such university, college, conservatory of music, or technical institution.
    2. However, not more than seven hundred fifty dollars ($750) shall be so expended on account of any one (1) such person during any fiscal year.
  1. No person shall become a beneficiary under the provisions of this section until it shall appear to the satisfaction of the superintendent, after investigation, that the person has no sufficient separate estate to provide for his or her education and that the parents of the person, if living, are unable to provide for such higher education.
  2. No person shall receive the benefits of this section for more than four (4) years.

History. Acts 1923, No. 682, §§ 1, 2; Pope's Dig., §§ 12895, 12896; A.S.A. 1947, §§ 80-2428, 80-2429.

6-43-219. Sacred Scriptures and copy of United States Constitution presented to blind pupils.

The Board of Trustees of the Arkansas School for the Blind and the Superintendent of the Arkansas School for the Blind are authorized to present to each pupil who shall have finished the course in the institution and who shall be honorably discharged from the school, having learned to read by touch, a copy of the Sacred Scriptures and a copy of the United States Constitution in braille.

History. Acts 1868, No. 50, § 15, p. 154; C. & M. Dig., § 9471; Pope's Dig., § 12874; A.S.A. 1947, § 80-2430.

6-43-220. Records of purchasing agent.

    1. The purchasing agent shall keep a full and complete record of all contracts made and entered into for all articles bought for the Arkansas School for the Blind and all bids accepted and rejected.
    2. The record shall show all contracts in full, price paid for all items, quantity of each item, and from whom purchased.
  1. The purchasing agent shall keep a copy and record of all building contracts of whatsoever nature and kind.

History. Acts 1911, No. 434, § 7; C. & M. Dig., § 9464; Pope's Dig., § 12867; A.S.A. 1947, § 80-2214.

6-43-221. Report of school officers.

The officers of the Arkansas School for the Blind shall make reports to the Board of Trustees of the Arkansas School for the Blind as it may from time to time require.

History. Acts 1868, No. 50, § 20, p. 154; C. & M. Dig., § 9474; Pope's Dig., § 12877; A.S.A. 1947, § 80-2221.

6-43-222. Record of allowances — Statement of expenditures.

  1. The Board of Trustees of the Arkansas School for the Blind shall keep a book in which they shall record all allowances and make an entry of the proceedings had thereon.
    1. The general business manager shall report to the board of trustees a detailed statement, under oath, of all the expenditures he or she may have made for the preceding three (3) months, to whom made, and for what purpose, to the truth of which he or she shall take and subscribe an oath.
    2. The report shall be accompanied by proper vouchers.

History. Acts 1868, No. 50, § 14, p. 154; C. & M. Dig., § 9470; Pope's Dig., § 12873; A.S.A. 1947, § 80-2220; Acts 1993, No. 294, § 16.

6-43-223. Reports — Publication.

  1. The Board of Trustees of the Arkansas School for the Blind and the Superintendent of the Arkansas School for the Blind shall make a full and complete report, to be submitted to the Governor and the General Assembly, not later than January 15 of each year the General Assembly is in regular session.
  2. These reports shall deal with improvements made during the previous two (2) fiscal years, together with the suggestions and recommendations covering the institution for the next two-year period.
  3. The report of the board of trustees shall cover the preceding school year.
    1. The board of trustees and the superintendent shall each make detailed reports biennially to the General Assembly of their proceedings, the condition of the school, the number of pupils, and other facts connected with the institution, including the exact receipts and expenditures of the board of trustees.
    2. The superintendent shall report to the board of trustees before each regular session of the General Assembly a detailed statement of the number of pupils admitted and discharged, their place of residence and supposed cause of blindness, the amount of money expended and for what purpose, and the probable sum necessary to defray the current expenses of the institution until the next regular session of the General Assembly, which report shall be embodied in that of the board of trustees.
    1. The reports shall be made and printed together not later than January 15 of each year the General Assembly is in regular session.
    2. There shall be, of each biennial report of the board of trustees to the General Assembly, one thousand five hundred (1,500) copies printed, one thousand (1,000) for the use of the General Assembly and five hundred (500) for the school.

History. Acts 1868, No. 50, §§ 11, 20, 27, p. 154; 1911, No. 434, § 7; C. & M. Dig., §§ 9464, 9467, 9475, 9478; Pope's Dig., §§ 12867, 12870, 12878, 12881; A.S.A. 1947, §§ 80-2203, 80-2204, 80-2214, 80-2217; Acts 2009, No. 962, § 4.

Amendments. The 2009 amendment inserted “regular” preceding “session” in (a)(1), (a)(4)(B), and (a)(5)(A); in (a)(2), substituted “the previous two (2) fiscal years” for “biennial period covered by them” and “two-year period” for “legislative period”; and substituted “next regular session” for “ensuing session” in (a)(4)(B).

Subchapter 3 — Arkansas School for the Deaf

Publisher's Notes. Acts 1923, No. 462, § 1 changed the name of the Arkansas Deaf-Mute Institute to the Arkansas School for the Deaf.

Preambles. Acts 1891, No. 155 contained a preamble which read:

“Whereas, The Government of the United States maintains, at Washington, a college for the deaf, and many of the deaf youth of this State male and female, are desirous of enjoying the advantages of that college, but because the term of seven years that they are allowed to attend the Arkansas Deaf-Mute Institute, is not sufficient for them to prepare themselves to pass the examination for entrance to the college, and, Whereas, Other young men and women find that their term of seven years has expired before they are sufficiently skilled in their trades to obtain employment in them at fair wages;

“Therefore … .”

Effective Dates. Acts 1868, No. 36, § 27: effective on passage.

Acts 1869 (Adj. Sess.), No. 66, § 2: effective on passage.

Acts 1871, No. 23, § 2: effective on passage.

Acts 1891, No. 155, § 3: approved Apr. 14, 1891. Effective date clause provided: “That this act shall take effect and be in force from and after its passage, and all laws and parts of laws inconsistent with it are hereby repealed.”

Acts 1893, No. 31, § 2: approved Feb. 21, 1893. Effective date clause provided: “That this act take effect and be in force from and after its passage.”

Acts 1905, No. 276, § 2: approved May 6, 1905. Effective date clause provided: “That all laws and parts of laws in conflict with this Act are hereby repealed, and this Act be in force from and after its passage.”

Acts 1907, No. 316, § 9: April 1, 1907 (approved May 14, 1907). Effective date clause provided: “That all laws and parts of laws in conflict with this Act are hereby repealed, and this Act take effect and be in force from and after April 1, 1907; except as herein provided.”

Acts 1911, No. 442, § 7: Apr. 15, 1911 (approved June 1, 1911). Emergency clause provided: “That all laws and parts of laws in conflict herewith are hereby repealed, and this Act, being necessary for the immediate preservation of the public peace, health and safety of the community affected, shall take effect and be in full force from and after April 15, 1911.”

Acts 1981, No. 356, § 13: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1981 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1981 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1981.”

Acts 1989 (1st Ex. Sess.), No. 248, § 18: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1997, No. 1086, § 21: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1997 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1997.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-43-301. Establishment.

An institute of learning is established in the State of Arkansas for the education of hearing impaired persons of the state, by and under the name and title of the Arkansas School for the Deaf.

History. Acts 1868, No. 36, § 1, p. 115; 1869 (Adj. Sess.), No. 66, § 1, p. 132; C. & M. Dig., § 9342; Pope's Dig., § 12807; A.S.A. 1947, § 80-2301.

6-43-302. Real and personal property.

  1. The Board of Trustees of the Arkansas School for the Deaf may take and hold in trust for the state to the use of the school any lands conveyed or devised and any money or other personal property given or bequeathed, to be applied to the use and benefit of the school.
  2. All property pertaining to the Arkansas School for the Deaf shall be exempt from taxation.

History. Acts 1868, No. 36, §§ 4, 22, p. 115; 1869 (Adj. Sess.), No. 66, § 1, p. 132; C. & M. Dig., §§ 9344, 9358; Pope's Dig., §§ 12809, 12823; A.S.A. 1947, §§ 80-2303, 80-2304.

6-43-303. Rent, construction, or repair of facilities.

The Board of Trustees of the Arkansas School for the Deaf shall have power to make all contracts for the rent or construction and repair of any building and appurtenances belonging to or used by the school.

History. Acts 1868, No. 36, § 5, p. 115; C. & M. Dig., § 9345; Pope's Dig., § 12810; A.S.A. 1947, § 80-2308.

6-43-304. Action for trespass or other wrongs brought by state.

For all damages for trespass and other wrongs upon the buildings or any other property, personal or real, belonging to the Arkansas School for the Deaf, actions may be maintained in the name of the state, and all damages received in such actions shall be appropriated to the repair of the injured property.

History. Acts 1868, No. 36, § 12, p. 115; C. & M. Dig., § 9350; Pope's Dig., § 12815; A.S.A. 1947, § 80-2305.

6-43-305. Teachers generally.

  1. The Arkansas School for the Deaf is hereby authorized to pay employees hired in the position of teacher for the sensory impaired or senior audiologist for the yearly school term the maximum annual salary rate established for each position.
  2. Teachers for the sensory impaired shall be eligible for an additional step increase after being certified in teaching the vision or hearing impaired by the Division of Elementary and Secondary Education.

History. Acts 1911, No. 442, § 4; C. & M. Dig., § 9365; Pope's Dig., § 12830; Acts 1981, No. 356, §§ 7, 9; A.S.A. 1947, §§ 80-2314, 80-2315.1, 80-2315.2; Acts 1989 (1st Ex. Sess.), No. 248, § 12; 1993, No. 294, § 16; 1997, No. 1086, § 15; 2019, No. 910, § 1809.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b).

6-43-306. Duties of teachers and employees.

  1. The teachers, officers, and employees shall perform such other duties as the Superintendent of the Arkansas School for the Deaf may direct, and, when their services are not needed, they shall be discharged.
  2. However, if the teachers, officers, and employees are unjustly discharged, they shall be entitled to a fair and impartial hearing before the Board of Trustees of the Arkansas School for the Deaf and to be represented by counsel if they desire.

History. Acts 1911, No. 442, § 3; C. & M. Dig., § 9363; Pope's Dig., § 12828; A.S.A. 1947, § 80-2316.

6-43-307. Limitations on salary increases.

The salary of any person connected with the Arkansas School for the Deaf shall be as determined by law.

History. Acts 1907, No. 316, § 4; p. 751; C. & M. Dig., § 9366; Pope's Dig., § 12831; A.S.A. 1947, § 80-2315; Acts 1993, No. 294, § 16.

6-43-308. Custodian of funds — Payment of bills, warrants, etc.

  1. The Treasurer of State, in consultation with the Secretary of the Department of Education, shall have the custody of all moneys, notes, securities, and other obligations belonging to the Arkansas School for the Deaf and shall be responsible for them under his or her bond and oath as the Treasurer of State.
  2. The Treasurer of State, in consultation with the secretary, shall pay all the expenses of the school out of the funds appropriated for the use of the school, upon warrants drawn by the Auditor of State in favor of the Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf, who shall issue his or her warrants upon orders signed by the Chair of the Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf and at least two (2) members of the board of trustees, except as herein otherwise provided.

History. Acts 1868, No. 36, § 6; C. & M. Dig., § 9346; Pope's Dig., § 12811; A.S.A. 1947, § 80-2306; Acts 2019, No. 910, § 1810.

Amendments. The 2019 amendment inserted “in consultation with the Secretary of the Department of Education” in (a); and inserted “in consultation with the secretary” in (b).

6-43-309. Accounts and records — Reports.

  1. The accounts and records of the Arkansas School for the Deaf shall be so kept by the Board of Trustees of the Arkansas School for the Deaf and the superintendent as to show the:
    1. Kind, quality, cost, and of whom bought, of each article purchased for use thereof;
    2. Condition of the school;
    3. Specific amount of the receipts and expenditures;
    4. Number, name, and date of admission of each pupil;
    5. Age, cause of deafness, and length of time under instruction of each pupil, of beneficiaries of each pupil, and all other pupils received into the school; and
    6. Number and salaries of officers and employees.
  2. This information shall be embodied in a report made to the Governor on or before the convening of the General Assembly at each regular session, and shall be presented to that body by the Governor with his or her message.

History. Acts 1868, No. 36, § 7, p. 115; C. & M. Dig., § 9347; Pope's Dig., § 12812; A.S.A. 1947, § 80-2307.

6-43-310. Records of secretary and purchasing agent.

    1. The secretary and purchasing agent shall keep a full and complete record of all contracts made and entered into for the purchase of all articles bought for the Arkansas School for the Deaf and all bids accepted and rejected.
    2. The record shall show all contracts in full, price paid per item, for all items and quantity of each item, and from whom purchased.
  1. The secretary and purchasing agent shall keep a copy and a record copy of all building contracts of whatsoever nature or kind.

History. Acts 1911, No. 442, § 6, p. 452; C. & M. Dig., § 9347; Pope's Dig., § 12833; A.S.A. 1947, § 80-2311.

6-43-311. Biennial reports.

  1. The Board of Trustees of the Arkansas School for the Deaf and the Superintendent of the Arkansas School for the Deaf shall make a full and complete report to be submitted to the Governor, which shall be printed together and presented to the General Assembly not later than January 16 of each year the General Assembly is in regular session.
  2. The report of the board of trustees shall cover the two (2) preceding calendar years, and the report of the superintendent shall cover the two (2) preceding school years.
  3. These reports shall deal with the improvements made during the biennial period covered by them, together with the suggestions and recommendations concerning the school for the next biennium.

History. Acts 1911, No. 442, § 6; C. & M. Dig., § 9368; Pope's Dig., § 12833; A.S.A. 1947, § 80-2311; Acts 2009, No. 962, § 5.

Amendments. The 2009 amendment inserted “regular” preceding “session” in (a).

6-43-312 — 6-43-314. [Repealed.]

Publisher's Notes. These sections, concerning the keeping of records and reports of hearing impaired persons of the county by the sheriff, hearing impaired orphans, and admissions, were repealed by Acts 1993, No. 294, § 16. The sections were derived from the following sources:

6-43-312. Acts 1868, No. 36, § 21, p. 115; C. & M. Dig., § 9356; Pope's Dig., § 12821; A.S.A. 1947, § 80-2409.

6-43-313. Acts 1868, No. 36, § 21, p. 115; C. & M. Dig., § 9357; Pope's Dig., § 12822; A.S.A. 1947, § 80-2410.

6-43-314. Acts 1868, No. 36, § 8, p. 115; 1895, No. 151, § 1, p. 236; 1909, No. 56, § 1, p. 141; C. & M. Dig., § 9348; Pope's Dig., § 12813; A.S.A. 1947, § 80-2412.

6-43-315. List of applications in numerical order.

The Superintendent of the Arkansas School for the Deaf is required to keep a list of all applications for admission in their numerical order.

History. Acts 1871, No. 23, § 1, p. 38; C. & M. Dig., § 9361; Pope's Dig., § 12826; A.S.A. 1947, § 80-2413.

6-43-316. Length of time students may remain.

  1. Any hearing-impaired person who may be admitted into the school and supported as a beneficiary at the expense of the state shall be permitted to remain in the school for thirteen (13) years unless, in the judgment of the Board of Trustees of the Arkansas School for the Deaf, he or she shall be sooner discharged.
    1. The board of trustees is empowered to extend the term of such pupils as may be recommended by the superintendent from time to time beyond the original period of thirteen (13) years, either for further instruction with a view to entering college, or for perfecting themselves in their trades.
    2. However, no more than twenty (20) pupils shall be so recommended in one (1) year, nor any one (1) for more than three (3) years' extension.

History. Acts 1868, No. 36, § 16, p. 115; 1891, No. 155, § 1, p. 265; 1893, No. 31, § 1, p. 49; 1905, No. 276, § 1, p. 694; C. & M. Dig., §§ 9353, 9375; Pope's Dig., §§ 12818, 12840; A.S.A. 1947, §§ 80-2425, 80-2426.

6-43-317. Boarding and lodging.

    1. It shall be the duty of the Superintendent of the Arkansas School for the Deaf to furnish, or cause to be furnished, suitable and proper boarding and lodging, as well as suitable instruction, for all hearing-impaired persons received as beneficiaries.
    2. He or she shall receive into the school other hearing-impaired persons according to such rules as the Board of Trustees of the Arkansas School for the Deaf may prescribe.
    1. The Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf may require the superintendent or other school official to reside at the institution.
    2. The Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf may provide other benefits to the superintendent out of the operation funds of the respective school.
  1. No person shall lodge or board in the school who is not a pupil thereof, except its officers and their families.

History. Acts 1868, No. 36, §§ 5, 17, p. 115; C. & M. Dig., §§ 9345, 9354; Pope's Dig., §§ 12810, 12819; A.S.A. 1947, §§ 80-2308, 80-2411; Acts 2001, No. 1143, § 1; 2019, No. 315, § 331.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (a)(2).

6-43-318. Aid to deaf students at college.

When the county judge of any county has certified that a deaf pupil is indigent, the provisions of § 6-43-109 shall be extended to the pupil while the pupil is a student of a college.

History. Acts 1891, No. 155, § 2, p. 265; C. & M. Dig., § 9376; Pope's Dig., § 12841; A.S.A. 1947, § 80-2427.

6-43-319. Cruel or severe punishment forbidden.

There shall be no cruel or severe punishment inflicted upon the pupils of the Arkansas School for the Deaf.

History. Acts 1868, No. 36, § 23, p. 115; C. & M. Dig., § 9359; Pope's Dig., § 12824; A.S.A. 1947, § 80-2318.

Publisher's Notes. Acts 1997, No. 1086, § 9, inadvertently assigned this section's code number to another section that has been recodified as § 6-43-321.

6-43-320. Shift differential.

For the Arkansas School for the Deaf, shift work must begin not earlier than 2:00 p.m. and end no later than 8:00 a.m. the following day.

History. Acts 1997, No. 1086, § 13.

6-43-321. Maintenance, transportation, and security for Arkansas School for the Blind.

  1. The Arkansas School for the Deaf shall be responsible for providing maintenance, transportation, and security for the Arkansas School for the Blind.
  2. The Arkansas School for the Deaf is authorized to spend general revenue funds to provide for these services.

History. Acts 1997, No. 1086, § 9.

Chapter 44 Adult Literacy

Subchapter 1

[Reserved.]

Subchapter 2 — State Commission on Adult Literacy

6-44-201 — 6-44-203. [Repealed.]

Publisher's Notes. This subchapter, concerning the State Commission on Adult Literacy, was repealed by Acts 1999, No. 1323, § 26. The subchapter was derived from the following sources:

6-44-201. Acts 1989, No. 812, § 1; 1991, No. 390, § 1; 1991, No. 399, § 1; 1997, No. 250, § 22; 1997, No. 1354, § 7.

6-44-202. Acts 1989, No. 812, § 3; 1991, No. 390, § 2; 1991, No. 399, § 2.

6-44-203. Acts 1989, No. 812, § 2.

Chapter 45 Arkansas Better Chance Program Act

Cross References. Funding for open-enrollment public charter schools, § 6-23-501.

Effective Dates. Identical Acts 1991, Nos. 212, 216, § 6: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that a need exists to provide state financial assistance to appropriate early childhood programs in order to identify and address the critical needs of three to five year old educationally deprived children. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation and protection of the public, peace, health, and safety shall be in full force and effect from July 1, 1991.”

Acts 1995, No. 850, § 12: Mar. 31, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that the State of Arkansas is in serious need to provide for the health, welfare and education of the State's children by encouraging child care facilities to offer an ‘appropriate early childhood program’ and this Act is designed to meet that need by providing tax incentives to encourage construction of these facilities. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1999, No. 1222, § 21: Apr. 8, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that it is essential to the effective and efficient administration of the Child Care Licensing program that the responsibility for reviewing appeals be placed in the Child Care Appeal Review Panel under the Department of Human Services, as soon as possible and that this act is designed to accomplish this purpose and should be given effect immediately. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval of the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-45-101. Title.

The title of this chapter shall be the "Arkansas Better Chance Program Act”.

History. Acts 1991, No. 212, § 1; 1991, No. 216, § 1.

6-45-102. Legislative intent.

It is the intent of the General Assembly to expand the availability of developmentally appropriate early childhood programs, including, but not limited to, Head Start program, the Home Instruction for Parents of Preschool Youngsters (HIPPY), therapeutic child development programs, and Parents As Teachers. Children have the capacity to learn at very early ages, and participating in high-quality early care and education programs provides preschool children with the skills, enrichment, and learning opportunities that increase their chances of future success in school. Children from all backgrounds who receive high-quality early care and education score higher on tests of both cognitive and social skills in their early school years. Low-income children who receive high-quality early care and education score significantly higher on tests of reading and math from their primary years through middle adolescence. These high-quality early care and education services can be both classroom, center-based, or home-based programs. Therefore, the General Assembly finds that the state should provide assistance to educationally deprived young children by funding successful and innovative programs that are designed to increase the learning of these children and provide for their optimal development.

History. Acts 1991, No. 212, § 1; 1991, No. 216, § 1; 2003, No. 1332, § 1.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, Better Chance Program, 26 U. Ark. Little Rock L. Rev. 390.

6-45-103. Definitions.

As used in this chapter:

  1. “Appropriate early childhood program” means a developmentally appropriate program for young children, birth through five (5) years of age, approved by the Division of Elementary and Secondary Education as complying with the regulatory guidelines of the early childhood state accreditation by the Department of Human Services and Arkansas Better Chance Core Quality Approval Standards of the division to be issued by the division pursuant to this chapter;
  2. “Arkansas Better Chance for School Success” means a developmentally appropriate early care and education program for children three (3) and four (4) years of age created under § 6-45-105(a)(1)(B);
  3. “Arkansas Early Childhood Commission” or “commission” means a twenty-five-member advisory body appointed by the Governor to perform certain duties and responsibilities relating to the development, expansion, and coordination of early childhood programs, including, but not limited to, serving as the advisory body to the division on early childhood program issues;
  4. “Arkansas HIPPY Advisory Board” means a citizen board appointed through the Home Instruction for Parents of Preschool Youngsters (HIPPY) regional technical assistance and training center to develop public awareness, to promote program expansion, to encourage local development of the Home Instruction for Parents of Preschool Youngsters, and to provide consultation and guidance to the center; and
  5. [Repealed.]

History. Acts 1991, No. 212, § 1; 1991, No. 216, § 1; 1997, No. 1132, § 36; 1999, No. 1222, § 3; 2003, No. 1105, § 1; 2003, No. 1332, § 2; 2009, No. 28, § 1; 2013, No. 403, § 1; 2019, No. 910, §§ 1811-1813.

Amendments. The 2009 amendment substituted “a twenty-four (24) member” for “an eighteen-member” in (3).

The 2013 amendment substituted “twenty-five member” for “twenty-four member” in (3).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” three times in (1) and in (3); and repealed (5).

6-45-104. Construction.

    1. Except as required under subdivision (a)(2) of this section, this chapter shall not require any school district to participate.
    2. A local school is required to work with the Division of Elementary and Secondary Education and its local community to establish, promote, and assist in the development of a program under the Arkansas Better Chance for School Success Program to serve all children in the school as provided in § 6-45-108, if the school is located in a school district classified as in need of Level 5 — Intensive support.
  1. Furthermore, nothing in this chapter shall require parents or legal guardians to enroll their children under five (5) years of age in any program established pursuant to this chapter.

History. Acts 1991, No. 212, § 2; 1991, No. 216, § 2; 1997, No. 1132, § 37; 2003, No. 1332, § 3; 2003 (2nd Ex. Sess.), No. 49, § 1; 2019, No. 757, § 62; 2019, No. 910, § 1814.

Amendments. The 2019 amendment by No. 757 deleted (a)(2)(A) and rewrote the former introductory language of (a)(2) and (a)(2)(B) as (a)(2).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(2); and substituted “division” for “department” in (a)(2)(A) [repealed] and (a)(2)(B) [rewritten].

6-45-105. Establishment of Arkansas Better Chance Program.

      1. The Division of Elementary and Secondary Education shall establish the Arkansas Better Chance Program to assist in the establishment and funding of the appropriate early childhood programs for children from birth through five (5) years of age.
      2. Within the Arkansas Better Chance Program there is established the Arkansas Better Chance for School Success Program for providing appropriate early care and education programs for children three (3) years of age and four (4) years of age as identified under § 6-45-108(a).
      1. The Division of Elementary and Secondary Education shall award grants or contracts to appropriate early childhood programs selected by the Division of Elementary and Secondary Education in accordance with specified programmatic standards.
        1. These standards will be developed by the Division of Elementary and Secondary Education, with the advice and assistance of the Arkansas Early Childhood Commission.
        2. Standards for funding the Home Instruction for Parents of Preschool Youngsters (HIPPY) will be developed in conjunction with the Arkansas HIPPY Advisory Board.
      2. The Home Instruction for Parents of Preschool Youngsters (HIPPY) regional technical assistance and training center shall be defined and funded as an integral part of the Home Instruction for Parents of Preschool Youngsters (HIPPY) to provide necessary training, technical assistance, and program support to program sites in Arkansas.
  1. The programmatic standards and other rules necessary for the implementation of the Arkansas Better Chance Program shall be adopted by the State Board of Education in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
    1. The Division of Elementary and Secondary Education may expend a maximum of two percent (2%) of available funds to administer the Arkansas Better Chance Program and to monitor Arkansas Better Chance Program grantees to ensure compliance with programmatic standards.
    2. The Division of Elementary and Secondary Education may contract with the Division of Child Care and Early Childhood Education to administer the Arkansas Better Chance Program.

History. Acts 1991, No. 212, § 1; 1991, No. 216, § 1; 1993, No. 923, § 1; 1997, No. 1132, § 38; 2003, No. 1332, § 4; 2009, No. 376, § 52; 2019, No. 315, § 332; 2019, No. 910, § 1815.

A.C.R.C. Notes. Acts 1997, No. 1132, § 41, provided: “That part of the General Education Division of the Department of Education pertaining to operations of the Early Childhood Commission, including only the two percent (2%) administrative component of the Better Chance Program, is hereby transferred by a Type 2 transfer as provided in § 25-2-105 to the Department of Human Services, Division of Child Care and Early Childhood Education.”

Amendments. The 2009 amendment, in (c), substituted “Arkansas Better Chance Program” for “program” in three places, and made a minor stylistic change.

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (b).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1)(A); substituted “The Division of Elementary and Secondary Education” for “Beginning with the 1991-1992 school year, the Department” in (a)(2)(A); and substituted “Division of Elementary and Second Education” for “department” in (a)(2)(A), (a)(2)(B)(i), (c)(1), and (c)(2).

6-45-106. Application process — Allocation of funding.

        1. Any early childhood program accredited and quality-approved by the Department of Human Services according to standards approved by the Division of Elementary and Secondary Education may apply for funding, regardless of the sponsorship of the program.
        2. Local school districts may apply for funding to operate early childhood programs, not including public school kindergarten, but an appropriate early childhood program need not be affiliated with a school district in order to receive funding.
      1. All applications submitted by sectarian or sectarian-affiliated programs must first be reviewed to assure that any approval of funding will not result in a violation of the First Amendment to the United States Constitution.
      1. A local-to-state match will be required in the ratio of forty to sixty (40:60), except that the Division of Child Care and Early Childhood Education may waive the requirement of the local-to-state match if:
        1. The school is in a district that has been classified by the State Board of Education as being in need of Level 5 — Intensive support; and
        2. The Division of Child Care and Early Childhood Education determines that the school is unable to provide the local-to-state match requirement after the Division of Child Care and Early Childhood Education has assisted the school in identifying potential funding sources to provide local-to-state match requirements.
      2. The local match may consist of cash or appropriate in-kind services.
  1. In order to be considered, an application must contain all information required by the Division of Elementary and Secondary Education's regulatory guidelines.
    1. In allocating funding for the Arkansas Better Chance for School Success Program, priority consideration shall be given to a school located in a school district that is classified as in need of Level 5 — Intensive support.
    2. The goal of the state is to make available an Arkansas Better Chance for School Success Program for an additional one-fifth (1/5) of the qualifying students each year over a period of five (5) years, at which time programs shall be available in all schools statewide.
    3. The priority considerations for funding under the Arkansas Better Chance for School Success Program shall not affect the funding of the Arkansas Better Chance Program and shall not create any priority for funding the Arkansas Better Chance for School Success Program over the Arkansas Better Chance Program.
    4. Any programs given priority consideration under this subsection shall continue to receive priority funding as necessary to continue an established program even though the criteria under subdivision (c)(1) of this section no longer exist for that school district.

History. Acts 1991, No. 212, § 1; 1991, No. 216, § 1; 1997, No. 1132, § 39; 2001, No. 1183, § 1; 2003, No. 1105, § 5[2]; 2003, No. 1332, § 5; 2003 (2nd Ex. Sess.), No. 49, § 2; 2005, No. 1447, § 1; 2019, No. 757, §§ 63, 64; 2019, No. 910, §§ 1816-1819.

A.C.R.C. Notes. Acts 2003, No. 1105, § 5, provided: “Any licensed early childhood program with early childhood accreditation by the Department of Human Services and meeting the Arkansas Better Chance Core Quality Approval Standards of the Department of Education may apply for funding regardless of the sponsorship of the program. Local school districts may apply for funding to operate early childhood programs, not including public school kindergarten, but an appropriate early childhood program need not be affiliated with a school district in order to receive funding.”

Amendments. The 2019 amendment by No. 757, in (a)(2)(A)(i), substituted “classified” for “designated”, “State Board of Education” for “Department of Education”, and “in need of Level 5 – Intensive support” for “in academic distress”; deleted (c)(1)(A); and rewrote the former introductory language of (c)(1) and (c)(1)(B) as (c)(1).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout the section.

6-45-107. Publication of funding availability and program criteria.

The Division of Elementary and Secondary Education shall annually provide notification to school districts and to other appropriate providers of the availability of funds under the Arkansas Better Chance Program and shall include in such notification the programmatic standards and criteria for determination of eligibility for funding under the program.

History. Acts 1991, No. 212, § 1; 1991, No. 216, § 1; 2019, No. 910, § 1820.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education”.

6-45-108. Criteria for determining need.

    1. All children three (3) years of age and four (4) years of age who are members of a family with a gross family income not exceeding two hundred percent (200%) of the federal poverty guidelines are eligible to attend an Arkansas Better Chance for School Success Program if there is an Arkansas Better Chance for School Success Program available in the school district where the child resides and if there is available space for the child to attend the Arkansas Better Chance for School Success Program.
    2. The Division of Elementary and Secondary Education and the Division of Child Care and Early Childhood Education may develop a fee schedule and establish eligibility based on family income for children who are not eligible under subdivision (a)(1) of this section, but priority enrollment shall be allowed to children eligible under subdivision (a)(1) of this section.
  1. The Division of Elementary and Secondary Education and the Division of Child Care and Early Childhood Education shall review various criteria for identifying and targeting the areas of the state with the greatest need for early childhood programs.
  2. The State Board of Education, with the advice and assistance of the Division of Child Care and Early Childhood Education, shall adopt the appropriate criteria for identifying Arkansas children with the greatest need to participate in Arkansas Better Chance for School Success Program-funded early childhood programs.

History. Acts 1991, No. 212, § 1; 1991, No. 216, § 1; 2003, No. 1332, § 6; 2003 (2nd Ex. Sess.), No. 49, § 3; 2019, No. 910, § 1821.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(2); substituted “Division of Elementary and Secondary Education” for “department” in (b); and substituted “Division of Child Care and Early Childhood Education” for “division” in (b) and (c).

6-45-109. Certification by Division of Child Care and Early Childhood Education.

  1. The Division of Child Care and Early Childhood Education shall certify childcare facilities which have an appropriate early childhood program, as defined in § 6-45-103. Certification numbers shall be issued to those childcare facilities that meet the applicable qualifications.
  2. Upon certification of the childcare facilities, the division shall provide a listing of all certified facilities and their certification numbers to the Secretary of the Department of Finance and Administration for the purpose of the income tax credit or refund provided for in §§ 26-51-502 and 26-51-507.

History. Acts 1993, No. 1268, § 2; 1995, No. 850, § 1; 1997, No. 1132, § 40; 2001, No. 413, § 1; 2019, No. 910, § 1822.

Amendments. The 2019 amendment, in (b), substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

Cross References. Tax refunds for construction of employer operated child care facilities, §§ 26-52-516 and 26-53-132.

6-45-110. Assessment.

    1. The Division of Child Care and Early Childhood Education shall be responsible for assessment of students enrolled in the Arkansas Better Chance for School Success Program.
      1. Assessment shall begin upon enrollment in the Arkansas Better Chance for School Success Program and continue until each child completes the fourth grade, so long as the child is enrolled in a public school in the state.
      2. The Division of Child Care and Early Childhood Education and the Division of Elementary and Secondary Education shall work cooperatively to ensure that the assessments are conducted as required by this section.
    1. Children in the Arkansas Better Chance for School Success Program shall be assessed annually to provide an indication of each child's progress towards school readiness.
    2. This annual assessment shall be directly aligned with the Arkansas Early Childhood Education Framework/Early Learning Guidelines and shall serve to promote curriculum development and instructional methods that assist in achievement of the intended outcome of readiness for kindergarten.
      1. The assessment shall address a child's strengths, progress, and needs and shall serve as a central part of an effective early childhood program.
      2. The assessment will be used in making sound decisions about teaching and learning and to identify areas of concern that may require focused intervention.
    1. A comprehensive research study shall be implemented to evaluate the Arkansas Better Chance for School Success Program to ensure that the Arkansas Better Chance for School Success Program goals and intended child outcomes are being achieved.
    2. The study shall be designed to use sound research-based evidence to determine whether the programs meet the expected standards of quality and whether they are achieving the intended child outcomes.
    3. This research shall include children entering the Arkansas Better Chance for School Success Program at ages three (3) and four (4) years and follow the children through completion of the fourth grade benchmark exams.
  1. Research results will be provided annually to the Governor, the Senate Committee on Education, and the House Committee on Education.

History. Acts 2003 (2nd Ex. Sess.), No. 49, § 4; 2019, No. 910, § 1823.

Amendments. The 2019 amendment, in (a)(2)(B), substituted “Division of Child Care and Early Childhood Education” for “division” and substituted “Division of Elementary and Secondary Education” for “Department of Education”.

6-45-111. Early childhood program assessments.

  1. The Division of Child Care and Early Childhood Education shall assess each early childhood program in this state that receives state funding under this subchapter based on nationally recognized standards and assessments that may include without limitation the following components:
    1. Curriculum and learning environment;
    2. Training and education of staff;
    3. Adult-to-child ratios;
    4. Student assessments;
    5. Health and safety conditions;
    6. Family involvement; and
    7. Site visits.
  2. The certification under § 6-45-109 of a child care facility that has an early childhood program is subject to the review of the assessment by the division.
  3. The division annually shall provide a summary of the results of assessments conducted under this section concerning the quality of the early childhood programs assessed to the Governor, the Senate Committee on Education, and the House Committee on Education.

History. Acts 2011, No. 1130, § 1.

Chapter 46 Arkansas High Technology Training Center

6-46-101 — 6-46-502. [Repealed.]

A.C.R.C. Notes. The repeal of this chapter by Acts 2019, No. 692, § 11, superseded the amendment of § 6-46-101 by Acts 2019, No. 910, § 1824. The amendment by Acts 2019, No. 910 substituted “Division of Workforce Services” for “Department of Career Education” in (c).

The repeal of this chapter by Acts 2019, No. 692, § 11, superseded the amendment of § 6-46-202 by Acts 2019, No. 910, § 1825. The amendment by Acts 2019, No. 910 substituted “Division of Career and Technical Education” for “Department of Career Education”.

The repeal of this chapter by Acts 2019, No. 692, § 11, superseded the amendment of § 6-46-302 by Acts 2019, No. 315, § 333 and by Acts 2019, No. 910, § 1826. The amendment by Acts 2019, No. 315 deleted “and regulations” following “rules” in (a); and the amendment by Acts 2019, No. 910 substituted “Division of Career and Technical Education” for “Department of Career Education” in (a); and substituted “division” for “department” in (b).

The repeal of this chapter by Acts 2019, No. 692, § 11, superseded the amendment of § 6-46-303 by Acts 2019, No. 910, § 1827. The amendment by Acts 2019, No. 910, in (a), substituted “Division of Career and Technical Education” for “Department of Career Education” and “department”, “State Board of Education” for “Career Education and Workforce Development Board”, and “Division of Career and Technical Education Fund Account” for “Department of Career Education Fund Account”; and substituted “Division of Career and Technical Education” for “department” in (b).

The repeal of this chapter by Acts 2019, No. 692, § 11, superseded the amendment of § 6-46-304 by Acts 2019, No. 910, § 1828. The amendment by Acts 2019, No. 910 substituted “Division of Career and Technical Education” for “Department of Career Education”.

The repeal of this chapter by Acts 2019, No. 692, § 11, superseded the amendment of § 6-46-401 by Acts 2019, No. 910, § 1829. The amendment by Acts 2019, No. 910 substituted “Division of Career and Technical Education” for “Department of Career Education” in (a) and (b).

The repeal of this chapter by Acts 2019, No. 692, § 11, superseded the amendment of § 6-46-402 by Acts 2019, No. 910, § 1830. The amendment by Acts 2019, No. 910 added “and the Department of Education” in (a); substituted “Division of Career and Technical Education” for “Department of Career Education” in (b); and substituted “division” for “department” in (d).

The repeal of this chapter by Acts 2019, No. 692, § 11, superseded the amendment of § 6-46-501 by Acts 2019, No. 910, § 1831. The amendment by Acts 2019, No. 910 substituted “Division of Career and Technical Education, the Division of Higher Education” for “Department of Career Education, the Department of Higher Education”.

The repeal of this chapter by Acts 2019, No. 692, § 11, superseded the amendment of § 6-46-502 by Acts 2019, No. 910, § 1832. The amendment by Acts 2019, No. 910 substituted “Division of Career and Technical Education” for “Department of Career Education”.

Publisher's Notes. This chapter, concerning the Arkansas High Technology Training Center, was repealed by Acts 2019, No. 692, § 11, effective July 24, 2019. The chapter was derived from the following sources:

6-46-101. Acts 1993, No. 839, § 1; 1997, No. 540, § 1; 1999, No. 1323, § 27; 2019, No. 910, § 1824.

6-46-102. Acts 1993, No. 839, § 1.

6-46-201. Acts 1993, No. 839, § 2.

6-46-202. Acts 1993, No. 839, § 2; 2019, No. 910, § 1825.

6-46-203. Acts 1993, No. 839, § 2.

6-46-302. Acts 1993, No. 839, §§ 4, 8; 2019, No. 315, § 333; 2019, No. 910, § 1826.

6-46-303. Acts 1993, No. 839, §§ 4, 7; 2009, No. 376, § 53; 2019, No. 910, § 1827.

6-46-304. Acts 1993, No. 839, § 2; 2019, No. 910, § 1828.

6-46-401. Acts 1993, No. 839, § 5; 2019, No. 910, § 1829.

6-46-402. Acts 1993, No. 839, § 5; 2019, No. 910, § 1830.

6-46-501. Acts 1993, No. 839, § 6; 1997, No. 540, § 3; 2015 (1st Ex. Sess.), No. 7, § 70; 2015 (1st Ex. Sess.), No. 8, § 70; 2019, No. 910, § 1831.

6-46-502. Acts 1993, No. 839, § 6; 1995, No. 1296, § 32; 2019, No. 910, § 1832.

Former § 6-46-301, concerning the advisory board of directors, was repealed by Acts 2001, No. 783, § 2. The section was derived from Acts 1993, No. 839, § 3; 1997, No. 540, § 2. Acts 783, § 1 also provided that the advisory board of directors is “hereby abolished.”

Chapter 47 Distance Learning

Subchapter 1 — Distance Learning Demonstration Project

6-47-101 — 6-47-105. [Repealed.]

Publisher's Notes. This subchapter, concerning the Distance Learning Demonstration Project, was repealed by Acts 2003, No. 1192, § 1. The subchapter was derived from the following sources:

6-47-101. Acts 1995, No. 1240, § 1.

6-47-102. Acts 1995, No. 1240, § 2.

6-47-103. Acts 1995, No. 1240, § 3.

6-47-104. Acts 1995, No. 1240, §§ 4, 5.

6-47-105. Acts 1995, No. 1240, § 4.

For current law, see § 6-47-401 et seq.

Subchapter 2 — Distance Learning Coordination

Effective Dates. Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-47-201. Administration in elementary schools.

  1. The Department of Education shall oversee and coordinate the implementation of distance learning in elementary and secondary public schools in the state.
  2. The department shall promulgate rules establishing appropriate adult supervision.
    1. The elementary or secondary school may import courses from outside the state if the out-of-state course provider is approved by the department before the school offers the courses through distance learning.
    2. A course offered through an approved out-of-state course provider under this subsection shall follow department course frameworks.
  3. The courses offered through distance learning shall include, but not be limited to:
    1. College preparatory courses, including, but not limited to, calculus, physics, Arkansas history, foreign languages, and computer science; and
    2. Technological courses, including, but not limited to, advanced math and science courses, advanced computer skills courses, and advanced courses in the arts.
  4. The department shall work with the Arkansas School for Mathematics, Sciences, and the Arts, the Arkansas Educational Television Commission, the education service cooperatives, and other state agencies involved in distance learning in implementing distance learning.

History. Acts 1999, No. 1083, § 1; 2009, No. 1469, § 25; 2019, No. 315, § 334.

A.C.R.C. Notes. As enacted, subsection (a) of this section also provided:

“Distance learning shall be available to one hundred (100) elementary and secondary public schools in the state by August 1, 2000. Distance learning shall be available to all school districts in the state by August 1, 2004.”

Amendments. The 2009 amendment rewrote (c).

The 2019 amendment deleted “and regulations” following “rules” in (b).

6-47-202. Administration in two-year colleges.

  1. The Division of Higher Education shall oversee and coordinate the implementation of distance learning in two-year colleges, four-year institutions of higher education, and universities in the state.
  2. The Division of Career and Technical Education shall cooperate with the Division of Higher Education in implementing the provisions of this section.

History. Acts 1999, No. 1083, § 2; 2019, No. 910, § 1839[a].

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a) and (b); and substituted “Division of Career and Technical Education” for “Department of Career Education” in (b).

6-47-203. Division of Elementary and Secondary Education and Division of Higher Education — Cooperation, report, and implementation.

  1. The Division of Elementary and Secondary Education and the Division of Higher Education shall work together to implement distance learning throughout the state.
  2. The Division of Elementary and Secondary Education and the Division of Higher Education shall present a report to the House Committee on Education and the Senate Committee on Education by December 31, 1999, reporting the status and progress of distance learning in Arkansas.
  3. The Division of Elementary and Secondary Education and the Division of Higher Education shall not be required to implement the provisions of this subchapter if funds are not made available.

History. Acts 1999, No. 1083, § 3; 2019, No. 910, § 1833.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Division of Higher Education” for “Department of Higher Education” throughout the section.

Subchapter 3 — Distance Learning Implementation

Effective Dates. Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-47-301. Intent.

It is the intent of the General Assembly that the planning and implementation of distance learning should create opportunities for innovation in education, transform institutional behavior, and prepare students for participation in the information age economy.

History. Acts 1999, No. 1298, § 1.

6-47-302. Implementation in elementary and secondary schools — Courses offered.

  1. The Division of Elementary and Secondary Education shall plan for the statewide implementation of distance learning in elementary and secondary public schools in the state.
    1. The elementary or secondary school may utilize courses from outside the state if the out-of-state course provider is approved by the Division of Elementary and Secondary Education or the Division of Career and Technical Education before the school offers the courses through distance learning.
    2. A course offered through an approved out-of-state course provider under this subsection shall follow Division of Elementary and Secondary Education course frameworks.
  2. The courses offered through distance learning may include college preparatory courses, advanced mathematics and science courses, and technological courses.
  3. The Division of Elementary and Secondary Education shall work with the Arkansas School for Mathematics, Sciences, and the Arts, the Arkansas Educational Television Commission, the education service cooperatives, the Arkansas State Library, and other state agencies involved in distance learning.

History. Acts 1999, No. 1298, § 2; 2009, No. 1469, § 26; 2019, No. 910, § 1834.

Amendments. The 2009 amendment rewrote (b).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” throughout the section; and substituted “Division of Career and Technical Education” for “Department of Career Education” in (b)(1).

6-47-303. Coordination at institutions of higher education.

The Division of Higher Education shall coordinate the implementation of distance learning at the state's public institutions of higher education.

History. Acts 1999, No. 1298, § 3; 2019, No. 910, § 1835.

Amendments. The 2019 amendment substituted “Department of Higher Education” for “Division of Higher Education”.

6-47-304. Division of Career and Technical Education to cooperate with Division of Elementary and Secondary Education and Division of Higher Education.

The Division of Career and Technical Education shall cooperate with the Division of Elementary and Secondary Education and the Division of Higher Education to implement distance learning throughout the state.

History. Acts 1999, No. 1298, § 4; 2019, No. 910, § 1836.

Amendments. The 2019 amendment substituted “Division of Career and Technical Education” for “Department of Career Education”, “Division of Elementary and Secondary Education” for “Department of Education”, and “Division of Higher Education” for “Department of Higher Education” in the section heading and in the section.

6-47-305. [Repealed.]

Publisher's Notes. This section, concerning the Distance Learning Coordinating Council, was repealed by Acts 2017, No. 540, § 4. The section was derived from Acts 1999, No. 1298, § 5; 2005, No. 1425, § 1; 2007, No. 751, § 3; 2013, No. 1073, § 35; 2015, No. 1100, § 4; 2015, No. 1159, § 1; 2015 (1st Ex. Sess.), No. 7, § 71; 2015 (1st Ex. Sess.), No. 8, § 71.

Subchapter 4 — Arkansas Distance Learning Development Project Act of 2003

Effective Dates. Acts 2009, No. 1469, § 32: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state’s constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the public school funding distribution changes in this act are needed to ensure that proper funding is provided to the affected public schools and school districts; and that this act is immediately necessary so that the affected public schools and school districts will receive the amount of funding for the current school year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-47-401. Title.

This subchapter shall be known and may be cited as the “Arkansas Distance Learning Development Project Act of 2003”.

History. Acts 2003, No. 1192, § 2.

6-47-402. Purpose.

  1. The purpose of this subchapter is to provide for the establishment, organization, and administration of a distance learning program designed to improve course offerings available to students throughout the state.
  2. The program will demonstrate the efficiency of using distance learning to enhance elementary and secondary education and prepare students for greater success in a postsecondary educational environment.

History. Acts 2003, No. 1192, § 2.

6-47-403. Definitions.

As used in this subchapter:

  1. “Board” means the State Board of Education;
  2. [Repealed.]
  3. [Repealed.]
  4. “Distance learning” means an interactive telecommunications system that utilizes information technology, audio, video, and similar technological elements, is compatible with other distance learning networks, and is used for the purpose of enhancing instructional opportunities in Arkansas public schools;
  5. “Infrastructure” means an interlinked system of wires, cables, fiber optics, or other wireline or wireless communications media;
  6. “Program” means the Arkansas Distance Learning Development Program; and
  7. “Public telecommunications” means the facilities used in providing telecommunication services to the public, including, but not limited to, facilities owned and operated by public utilities.

History. Acts 2003, No. 1192, § 2; 2019, No. 910, § 1837.

Amendments. The 2019 amendment repealed (2) and (3).

6-47-404. Establishment and implementation.

  1. There is established the Arkansas Distance Learning Development Program, which shall be conducted by the Division of Elementary and Secondary Education and administered through the Commissioner of Elementary and Secondary Education.
  2. The program shall have four (4) focus areas:
    1. To help alleviate the increasing shortage of available qualified teachers;
    2. To provide additional course-scheduling opportunities for students currently forced to choose between courses that are scheduled infrequently or concurrently;
    3. To provide an opportunity for students to access an enriched curriculum and additional courses beyond those mandated by the Standards for Accreditation of Arkansas Public Schools and School Districts; and
    4. To develop and make available online professional development and instructional resources for all teachers and administrators.
    1. The funding necessary to carry out the provisions of this subchapter may be derived from donations, grants, or legislative appropriation.
    2. The commissioner may solicit and receive donations and grants for the purpose of administering the program.
      1. All donations, grants, and appropriations received shall be accounted for by the division.
      2. Fund balances may be carried over from one (1) year to the next to continue the program.
  3. The commissioner shall review the implementation of this program annually and make recommendations to the State Board of Education regarding the number and amount of awards to ensure that the purpose of the program is achieved.
  4. The commissioner may enter into contracts or provide grants to local education agencies, education service cooperatives, or other entities for personnel, facilities, and services necessary to implement this program.
  5. Students taking courses through this program shall be considered entitled to any public education credits and grades assigned through this program, and those credits and grades shall be accepted by all public schools in the State of Arkansas.
  6. Courses offered or taught through the program may be offered or taught to public school students, private school students, and home-schooled students in the State of Arkansas.
  7. A home-schooled student or a private school student enrolled in a distance learning course shall not be entitled to any rights, privileges, courses, activities, or services available to a public school student or open-enrollment public charter school student other than receiving appropriate credit for a completed distance learning course.

History. Acts 2003, No. 1192, § 2; 2005, No. 2121, § 18; 2005, No. 2325, § 1; 2007, No. 1573, § 40; 2019, No. 910, §§ 1838, 1839[b].

Amendments. The 2019 amendment, in (a), substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Commissioner of Elementary and Secondary Education” for “Commissioner of Education”; and substituted “division” for “department” in (c)(3)(A).

6-47-405. Rules.

The State Board of Education shall promulgate rules necessary for the implementation of this subchapter.

History. Acts 2003, No. 1192, § 2; 2019, No. 315, § 335.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in the section heading and in the section.

6-47-406. Public school district and charter school distance learning program.

  1. Except as provided in subsection (b) of this section, a public school district or open-enrollment public charter school may offer and teach distance learning courses to a student enrolled in a private school or a home school if:
    1. The student resides in the public school district where the public school or open-enrollment public charter school is located;
    2. The student agrees to physically attend the public school or open-enrollment public charter school for the purposes of taking state tests and assessments required for the particular course or courses taken by the student; and
    3. The public school or open-enrollment public charter school teaches or offers a distance learning course that has been approved by or otherwise complies with Division of Elementary and Secondary Education rules and standards governing distance learning courses.
  2. The State Board of Education shall adopt rules to allow the Commissioner of Elementary and Secondary Education to waive the requirements under subdivisions (a)(1) and (2) of this section on an individual basis for a student who is unable to attend due to conditions that prevent the child from physically attending a public school or an open-enrollment public charter school.
    1. A public school district or open-enrollment public charter school that teaches or offers a distance learning course to one (1) or more home-schooled or private school students who meet the conditions of subsection (a) or subsection (b) of this section shall be entitled to an amount equal to one-sixth (1/6) of the state foundation funding amount for each course taught to a private school student or home-schooled student.
    2. However, under no circumstances shall a public school district or open-enrollment public charter school be entitled to more than the equivalent of state foundation funding for one (1) average daily membership per student regardless of the number of distance learning courses received by a particular home-schooled or private school student.
  3. A home-schooled student or a private school student enrolled in a distance learning course shall not be entitled to any rights, privileges, courses, activities, or services available to a public school student or open-enrollment public charter school student other than receiving appropriate credit for a completed distance learning course.
  4. This section shall not be construed to entitle a home-schooled student or private school student to participate in, enroll in, or attend any other courses, activities, or services provided by a public school district or an open-enrollment public charter school.
    1. Before a public school district or open-enrollment public charter school offers or teaches to public school students, home-schooled students, or private school students distance learning courses that are not part of the curriculum required by the Standards for Accreditation of Arkansas Public Schools and School Districts established by the state board, the open-enrollment public school district or public charter school first shall obtain approval of the distance learning courses by the division.
    2. A course offered under this subsection shall follow division course frameworks.
  5. No public school district or open-enrollment public charter school shall establish or provide a virtual school or distance learning course except as allowed by this section.
  6. This section shall not be construed to require a home-schooled student or private school student to take any test or assessment not specifically required for completion of the course for which the student is enrolled.

History. Acts 2005, No. 2325, § 2; 2009, No. 1469, § 27; 2017, No. 867, § 3; 2019, No. 910, §§ 1840-1842.

Amendments. The 2009 amendment rewrote (a)(2) and (f); substituted “or otherwise” for “and otherwise” in (a)(3); inserted “course taught to a” in (c)(1); and added (h).

The 2017 amendment deleted former (a)(2)(A); and deleted the (a)(2)(B) designation.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(3); substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (b); and substituted “division” for “department” in (f)(1) and (f)(2).

Subchapter 5 — Distance Learning Grants

Effective Dates. Acts 2007, No. 751, § 38: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act dissolves and transfers the duties of the Executive Chief Information Officer, Chief Information Officer, and Office of Information Technology; and that dissolving the offices at the beginning of the state's fiscal year will result in a more efficient transfer of responsibilities and funds. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2007.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-47-501. Purpose.

  1. It is the purpose of this subchapter to make available distance learning in every school district in the state.
  2. The primary purpose of providing distance learning technologies is to assist school districts in receiving advanced high school courses, advanced placement courses, enriched course content, or other academic courses not otherwise available in the school district.

History. Acts 2003 (2nd Ex. Sess.), No. 34, § 1.

6-47-502. Distance learning grants.

    1. The Division of Elementary and Secondary Education shall develop grant standards and provide grants to education service cooperatives for acquiring equipment and receiving telecommunications services necessary for each school district to have distance learning availability.
    2. The grants shall be used to assist school districts that do not have distance learning capabilities and to assist school districts in upgrading existing distance learning capabilities.
    3. The grants shall also be used by the education service cooperatives to provide technical assistance to the school districts in implementing and maintaining distance learning as an educational tool.
    1. The Division of Elementary and Secondary Education shall:
      1. Establish, by rule, standards for eligible equipment and telecommunications services; and
      2. Oversee the efficient operation and use of the system pursuant to law.
    2. Each school district shall have adequate connectivity to provide quality of service for distance learning.
    3. The distance learning technical protocol or protocols shall be in alignment with technical standards set by the Director of the Division of Information Systems.
  1. Education service cooperatives and school districts shall coordinate with the Division of Elementary and Secondary Education to seek to obtain the benefits of the Federal Communications Commission's E-rate program.

History. Acts 2003 (2nd Ex. Sess.), No. 34, § 1; 2007, No. 617, §§ 32, 33; 2007, No. 751, § 4; 2019, No. 910, § 1843.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1) and the introductory language of (b)(1); substituted “Division of Information Systems” for “Department of Information Systems” in (b)(3); and substituted “Division of Elementary and Secondary Education” for “department” in (c).

6-47-503. Distance learning consortiums.

School districts shall form collaborative efforts with other schools or education service cooperatives or both other schools and education service cooperatives that share common educational needs in order to ensure that the state maximizes distance learning services by distributing shared course content.

History. Acts 2003 (2nd Ex. Sess.), No. 34, § 1; 2007, No. 617, § 34.

6-47-504. Effect on teachers.

A teacher who is under contract in a school district in the respective field of study that is being offered by distance learning pursuant to this subchapter shall not be terminated by the school district because of the availability of distance learning courses.

History. Acts 2003 (2nd Ex. Sess.), No. 34, § 1.

Chapter 48 Alternative Learning Environments

Effective Dates. Acts 2011, No. 1118, § 5: July 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the constitutional obligation of the state to ensure that the state's public school children receive an equal opportunity for an adequate education; that to ensure that opportunity, it is essential that the state's public schools and education service cooperatives operate effective alternative learning environments; that the immediate effectiveness of this bill is necessary for the implementation of the funding changes and for the public schools and education service cooperatives to operate effective alternative learning environments under this bill throughout the state by the 2011-2012 school year; and that any delay in the effective date of this act could work irreparable harm to the quality of education available to students who are educated in alternative learning environments in this state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2011.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-48-101. Definitions.

As used in this chapter:

      1. “Alternative learning environment” means an alternate class or program within a public school or school district that affords all students an environment that seeks to eliminate barriers to learning for any student whose academic and social progress is negatively affected by the student's personal characteristics or situation.
      2. The Division of Elementary and Secondary Education shall by rule more fully define the student's personal characteristics and situations applicable under this chapter.
    1. An alternative learning environment is not a punitive environment but one that is conducive to learning.
    2. An alternative learning environment is not a separate school for the purposes of this title even if the division assigns the alternative learning environment a separate local education agency number; and
  1. “Intervention services” means activities within or outside a school that will eliminate traditional barriers to learning.

History. Acts 2011, No. 1118, § 4; 2015, No. 846, § 35; 2019, No. 910, § 1844.

Amendments. The 2015 amendment substituted “program within a public school or school district” for “school” in (1)(A)(i); and added (1)(C).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (1)(A)(ii); and substituted “Division of Elementary and Secondary Education” for “department” in (1)(C).

6-48-102. Alternative learning environment required — Reporting.

    1. A school district shall provide one (1) or more alternative learning environments for all students who meet the minimum criteria established by the Division of Elementary and Secondary Education.
    2. A school district complies with this section if the school district provides an alternative learning environment by one (1) or more of the following methods:
      1. Establishes and operates an alternative learning environment;
      2. Cooperates with one (1) or more other school districts to establish and operate an alternative learning environment;
      3. Uses an alternative learning environment operated by an education service cooperative established under The Education Service Cooperative Act of 1985, § 6-13-1001 et seq.; or
      4. Partners with a state-supported institution of higher education and technical institutes to provide concurrent courses or technical education options for academic learning to students in grades eight through twelve (8-12).
  1. Annually, a school district shall submit to the division:
    1. Information on race and gender of the students educated in the alternative learning environment;
    2. Any other information regarding students educated in alternative learning environments that the division requires by rule; and
    3. An assurance statement that the school district is in compliance with this chapter.

History. Acts 2011, No. 1118, § 4; 2015, No. 994, § 2; 2019, No. 910, §§ 1845, 1846.

Amendments. The 2015 amendment added (a)(2)(D).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1); and substituted “division” for “department” in the introductory language of (b) and in (b)(2).

6-48-103. Assessment and intervention services.

  1. An alternative learning environment shall:
    1. Assess a student either before or upon entry into the alternative learning environment; and
    2. Provide intervention services designed to address a student's specific educational needs.
    1. A student assigned to an alternative learning environment for behavioral reasons shall receive intervention services designed to address the student's behavioral needs.
    2. The intervention services shall not be punitive in nature but shall be designed for long-term improvement of the student's ability to control his or her behavior.

History. Acts 2011, No. 1118, § 4.

6-48-104. Division of Elementary and Secondary Education responsibilities.

  1. The Division of Elementary and Secondary Education shall promulgate rules to implement this chapter, including without limitation rules that establish:
      1. The criteria for distributing state funding for alternative learning environment programs.
      2. The criteria shall identify the characteristics of students who may be counted for the purpose of funding an alternative learning environment program including without limitation that a student is educated in the alternative learning environment for a minimum of twenty (20) consecutive days.
      3. If a student is educated in the alternative learning environment for fewer than twenty (20) days, the division may provide funding to a school district based on the actual number of days the student is educated in the alternative learning environment if the student:
        1. Leaves the school district to transfer to another alternative learning environment; or
        2. Is placed in a residential treatment program;
      1. The criteria for teacher training for teachers in alternative learning environments, including without limitation:
        1. In-service training in classroom management; and
        2. Training in additional areas related to the specific needs and characteristics of students who are educated in alternative learning environments.
      2. The division shall award professional development credit for the training under this subdivision (a)(2); and
    1. Measures of effectiveness for alternative learning environments that measure:
      1. For the students educated in the alternative learning environment the effect on the students':
        1. School performance;
        2. Need for intervention; and
        3. School attendance and dropout rate; and
      2. Any other characteristic of alternative learning environments deemed necessary by the division.
    1. As part of the division's accreditation review of a school district under § 6-15-202, the division shall evaluate each alternative learning environment to ensure that the alternative learning environment is:
      1. Established and operated in compliance with this chapter; and
      2. Effective under the measurements established by the division under this section.
    2. The division shall identify a school district's noncompliance with this chapter on the school district's annual report card.
  2. The division shall identify information concerning best practices for educating students in alternative learning environments and disseminate that information to teachers and administrators working in alternative learning environments.
  3. Annually by September 15, the division shall provide to the House Committee on Education and the Senate Committee on Education a report on:
    1. The information reported to it under § 6-48-102; and
    2. The effectiveness of alternative learning environments evaluated under this chapter.

History. Acts 2011, No. 1118, § 4; 2019, No. 910, § 1847.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the section heading and in the introductory language of (a); and substituted “division” for “department” throughout the section.

Chapter 49

[Reserved.]

Subtitle 4. Vocational and Technical Education

Chapter 50 General Provisions

Subchapter 1 — General Provisions

Effective Dates. Acts 1985, No. 282, § 2: Mar. 7, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need to provide training necessary to encourage industrial and economic development of the State through upgrade training of workers in existing industries. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect following passage and approval.”

Acts 1985, No. 461, § 2: Mar. 21, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need to provide training necessary to encourage industrial and economic development of the State through upgrade training of workers in existing industries. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect following passage and approval.”

Acts 1989 (1st Ex. Sess.), No. 127, § 47: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1991, No. 1244, § 43: Apr. 17, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the restructuring of the delivery system of adult education and vocational education in this state is necessary to provide higher quality educational programs which are accessible by all segments of the population in this state; that recent studies have shown that in the year 2000, workers must have a minimum of fourteen (14) years education to function in the work force; that the state is in desperate need of training, retraining and upgrading the work force; that this act will provide a means to establish more institutions working closely with business and industry to provide every citizen with an opportunity to participate in vocational-technical training or college transfer programs within a reasonable driving distance of their homes; that it is necessary for this act to become effective immediately so needed changes can be made prior to the date the institutions contained herein are transferred to the new system. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-50-101. Contracts with private organizations.

The Director of the Division of Career and Technical Education is hereby authorized to enter into contracts with private organizations licensed by the State Board of Education in order to provide vocational-technical training to citizens of the State of Arkansas.

History. Acts 1989 (1st Ex. Sess.), No. 127, § 27; 1999, No. 1323, § 28; 2019, No. 910, § 1848.

A.C.R.C. Notes. Former § 6-50-101, concerning contracts with private organizations, is deemed to be superseded by this section. The former section was derived from Acts 1987, No. 1058, § 30. A similar provision which was also codified as § 6-50-101, and was previously superseded, was derived from Acts 1985, No. 773, § 26.

Amendments. The 2019 amendment substituted “Director of the Division of Career and Technical Education” for “Director of the Department of Career Education” and “State Board of Education” for “State Board of Career Education”.

6-50-102. Training workers in existing industries.

  1. The role and function of the Arkansas Industry Training Program of the Arkansas Economic Development Council and the Arkansas Economic Development Commission is expanded to authorize the program to provide training of workers in existing industries as well as in new and expanding businesses and industries.
  2. Such training may be for:
    1. Upgrading skills and abilities of workers to operate modern, more sophisticated equipment;
    2. Providing workers with skills needed for initiating more modern processes and using more sophisticated materials; and
    3. Other situations which create a technical-upgrade training need of employees.
  3. The resources provided shall not be used to address worker training needs caused by turnover and normal attrition.
  4. The commission shall cooperate with the Arkansas Higher Education Coordinating Board in the operation of this program.

History. Acts 1985, No. 282, § 1; 1985, No. 461, § 1; 1991, No. 1244, § 31; 1997, No. 540, §§ 4, 5.

6-50-103. Participation in vocational student organizations.

    1. The Division of Career and Technical Education may reimburse secondary vocational centers and other public schools in Arkansas for dues, membership fees, supplies, travel, lodging, and other expenses related to a student's participation in vocational student organizations.
    2. The amount allowed pursuant to this section shall be thirty-five dollars ($35.00) per student as documented by national and state membership records.
    3. The division may disburse funds after the final cut-off date for membership enrollments.
  1. The division shall promulgate rules necessary for the implementation of this section.
  2. The provisions of this section shall be contingent on the appropriation and funding necessary to allow the division to carry out the duties assigned to it in this section.

History. Acts 1999, No. 1159, § 1; 2019, No. 910, § 1849.

Amendments. The 2019 amendment substituted “Division of Career and Technical Education” for “Department of Career Education” in (a)(1).

6-50-104. Marketing and services provided outside of service areas.

This title of the Arkansas Code and corresponding rules promulgated under this title shall not limit the ability of a state-supported two-year institution of higher education to market, offer courses, or provide services to any individual who resides in this state, regardless of the service area, as defined in § 6-53-103, within which the individual resides.

History. Acts 2019, No. 944, § 1.

Subchapter 2 — Technical Careers Student Loan Forgiveness Program

6-50-201 — 6-50-208. [Repealed.]

A.C.R.C. Notes. The repeal of this subchapter by Acts 2019, No. 237, § 1, superseded the amendment of § 6-50-201 by Acts 2019, No. 910, § 1850. The amendment by Acts 2019, No. 910 substituted “State Board of Education” for “State Board of Career Education” and “Division of Career and Technical Education” for “Department of Career Education” in (a).

The repeal of this subchapter by Acts 2019, No. 237, § 1, superseded the amendment of § 6-50-203 by Acts 2019, No. 315, § 336, and Acts 2019, No. 910, § 1851. The amendment by Acts 2019, No. 315 deleted “and regulations” following “rules” in (1). The amendment by Acts 2019, No. 910 substituted “State Board of Education” for “State Board of Career Education” and “Division of Career and Technical Education” for “Department of Career Education” in the introductory language.

The repeal of this subchapter by Acts 2019, No. 237, § 1, superseded the amendment of § 6-50-204 by Acts 2019, No. 910, § 1852. The amendment by Acts 2019, No. 910 substituted “State Board of Education” for “Career Education and Workforce Development Board” and “Division of Higher Education” for “Department of Higher Education”.

The repeal of this subchapter by Acts 2019, No. 237, § 1, superseded the amendment of § 6-50-205 by Acts 2019, No. 910, § 1853. The amendment by Acts 2019, No. 910 substituted “State Board of Education” for “State Board of Career Education,” “Division of Higher Education” for “Department of Higher Education,” and “Division of Workforce Services” for “Department of Workforce Services” in (a).

The repeal of this subchapter by Acts 2019, No. 237, § 1, superseded the amendment of § 6-50-206 by Acts 2019, No. 315, § 337. The amendment by Acts 2019, No. 315 deleted “and regulations” following “rules” in (a)(3).

The repeal of this subchapter by Acts 2019, No. 237, § 1, superseded the amendment of § 6-50-207 by Acts 2019, No. 315, §§ 338, 339, and Acts 2019, No. 910, § 1854. The amendment by Acts 2019, No. 315 deleted “and regulations” following “rules” in (b)(1) and (c). The amendment by Acts 2019, No. 910 substituted “Division of Higher Education” for “Department of Higher Education” and “State Board of Education” for “State Board of Career Education” in (c).

Publisher's Notes. This subchapter, concerning the Technical Careers Student Loan Forgiveness Program, was repealed by Acts 2019, No. 237, § 1, effective July 24, 2019. The subchapter was derived from the following sources:

6-50-201. Acts 1999, No. 652, § 1; 2019, No. 910, § 1850.

6-50-202. Acts 1999, No. 652, § 2.

6-50-203. Acts 1999, No. 652, § 3; 2019, No. 315, § 336; 2019, No. 910, § 1851.

6-50-204. Acts 1999, No. 652, § 4; 2003, No. 1160, § 1; 2017, No. 565, § 3; 2019, No. 910, § 1852.

6-50-205. Acts 1999, No. 652, § 5; 2019, No. 910, § 1853.

6-50-206. Acts 1999, No. 652, § 6; 2003, No. 1160, § 2; 2019, No. 315, § 337.

6-50-207. Acts 1999, No. 652, § 7; 2005, No. 1232, § 10; 2019, No. 315, §§ 338, 339; 2019, No. 910, § 1854.

6-50-208. Acts 1999, No. 652, § 8.

Former subchapter 2, concerning the Technical Education Review Commission, was repealed by Acts 1989, No. 536, § 9. The subchapter was derived from the following sources:

6-50-201. Acts 1983, No. 447, § 7; A.S.A. 1947, § 80-5707.

6-50-202. Acts 1983, No. 447, § 1; A.S.A. 1947, § 80-5701.

6-50-203. Acts 1983, No. 447, § 2; A.S.A. 1947, § 80-5702.

6-50-204. Acts 1983, No. 447, § 3; A.S.A. 1947, § 80-5703.

6-50-205. Acts 1983, No. 447, § 4; A.S.A. 1947, § 80-5704.

6-50-206. Acts 1983, No. 447, § 5; A.S.A. 1947, § 80-5705.

6-50-207. Acts 1983, No. 447, § 6; A.S.A. 1947, § 80-5706.

Subchapter 3 — Advisory Council for Vocational-Technical Education

6-50-301 — 6-50-305. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 1991, No. 1244, § 33. The subchapter was derived from the following sources:

6-50-301. Acts 1985, No. 330, § 1; A.S.A. 1947, § 80-2592.

6-50-302. Acts 1985, No. 330, § 2; A.S.A. 1947, § 80-2592.1.

6-50-303. Acts 1985, No. 330, § 3; A.S.A. 1947, § 80-2592.2.

6-50-304. Acts 1985, No. 330, § 4; A.S.A. 1947, § 80-2592.3.

6-50-305. Acts 1985, No. 330, § 5; A.S.A. 1947, § 80-2592.4.

Subchapter 4 — Vocational-Technical High School Districts

6-50-401 — 6-50-407. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 1993, No. 294, § 17. The subchapter was derived from the following sources:

6-50-401. Acts 1969, No. 323, § 1; A.S.A. 1947, § 80-460.

6-50-402. Acts 1969, No. 323, § 2; A.S.A. 1947, § 80-461.

6-50-403. Acts 1969, No. 323, § 3; A.S.A. 1947, § 80-462.

6-50-404. Acts 1969, No. 323, § 4; A.S.A. 1947, § 80-463.

6-50-405. Acts 1969, No. 323, § 3; A.S.A. 1947, § 80-463.

6-50-406. Acts 1969, No. 323, § 3; A.S.A. 1947, § 80-463.

6-50-407. Acts 1969, No. 323, § 4; A.S.A. 1947, § 80-463.

Subchapter 5 — Work-Based Learning Act

Effective Dates. Acts 1991, No. 1244, § 43: Apr. 17, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the restructuring of the delivery system of adult education and vocational education in this state is necessary to provide higher quality educational programs which are accessible by all segments of the population in this state; that recent studies have shown that in the year 2000, workers must have a minimum of fourteen (14) years of education to function in the work force; that the state is in desperate need of training, retraining and upgrading the work force; that this act will provide a means to establish more institutions working closely with business and industry to provide every citizen with an opportunity to participate in vocational-technical training or college transfer programs within a reasonable driving distance of their homes; that it is necessary for this act to become effective immediately so needed changes can be made prior to the date the institutions contained herein are transferred to the new system. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 1246, § 17: Apr. 18, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1991 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1991 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-50-501. Title.

This subchapter may be cited as the “Arkansas Youth Apprenticeship/Work-Based Learning Act of 1991”.

History. Acts 1991, No. 546, § 1; 1991, No. 553, § 1.

6-50-502. Legislative findings.

Whereas workplace changes have profoundly altered and increased the skills required of workers and managers; and

Whereas schools are struggling to improve the basic skills of the school-age population drawn increasingly from “at risk” households where children tend to leave school early; and

Whereas many noncollege-bound youth, especially women and minorities, spend their first years after high school unemployed or job-hopping from one low-skills job to another, with a consequent loss in productivity and access to career-oriented learning; and

Whereas most new jobs that will be created in the 1990s will require some postsecondary education; and

Whereas the economic position of “The Forgotten Half” — noncollege-bound high school graduates — is deteriorating, with real earnings declining by twenty-eight percent (28%) from 1973 to 1986, while the earnings of college graduates have risen; and

Whereas most employers in the United States lack a tradition of strong employee training;

Now, therefore, the State of Arkansas has determined that the establishment of a youth apprenticeship program can contribute significantly to addressing these problems by providing Arkansas's noncollege-bound young people with additional opportunities to develop meaningful job skills.

History. Acts 1991, No. 546, § 1; 1991, No. 553, § 1.

6-50-503. Establishment of programs.

  1. The Division of Career and Technical Education is hereby authorized and directed to develop and implement work-based learning programs to provide additional educational and training opportunities for Arkansas high school students.
  2. The programs established under this section shall be based on the following fundamental principles:
    1. Providing strong employer commitment and involvement;
    2. Guiding high school students through a three-year or four-year process that connects high school and the first one (1) or two (2) years of postsecondary learning;
    3. Providing high-quality supervised learning opportunities for students at the work site;
    4. Integrating academic and vocational teaching and learning in the classroom and at work;
    5. Fostering interactive, team-based learning in the classroom;
    6. Including curriculum on all aspects of the industry;
    7. Using competency-based measures for evaluating student progress;
    8. Providing both academic and occupational credentials;
    9. Providing access and support to nontraditional groups; and
    10. Explicitly addressing issues regarding diversity in society and the workplace.
    1. The industries and occupations selected for the programs established under this section shall offer entry-level jobs with good opportunities for career advancement into high-skill, high-wage jobs.
    2. The division, the State Apprenticeship Coordination Steering Committee, and local sites shall take joint responsibility for identifying the industries and occupations selected in subdivision (c)(1) of this section.
    3. The State Apprenticeship Coordination Steering Committee is responsible for identifying traditional apprenticeship programs that are currently in place.

History. Acts 1991, No. 546, § 1; 1991, No. 553, § 1; 2019, No. 369, § 1; 2019, No. 910, § 1855.

Amendments. The 2019 amendment by No. 369, in (a), substituted “work-based learning programs” for “a youth apprenticeship/work-based learning program”, and deleted “noncollege-bound” preceding “Arkansas high school”; substituted “programs established under this section shall” for “program should” in the introductory language of (b); added “Providing” in (b)(1); rewrote (b)(2); substituted “regarding” for “presented by” in (b)(10); substituted “the programs established under this section shall” for “this program must” in (c)(1); in (c)(2), substituted “shall” for “will”, and added “selected in subdivision (c)(1) of this section”; substituted “is responsible” for “will take responsibility” in (c)(3); and made stylistic changes.

The 2019 amendment by No. 910 substituted “Division of Career and Technical Education” for “Department of Career Education” in (a).

6-50-504. [Repealed.]

A.C.R.C. Notes. The repeal of this section by Acts 2019, No. 369, § 2 superseded the amendment of this section by Acts 2019, No. 910, § 1856. The amendment by Acts 2019, No. 910 substituted “Division of Career and Technical Education” for “Department of Career Education” in (a).

Publisher's Notes. This section, concerning demonstration programs, was repealed by Acts 2019, No. 369, § 2, effective July 24, 2019. The section was derived from Acts 1991, No. 546, § 1; 1991, No. 553, § 1; 1991, No. 1244, § 28; 1991, No. 1246, § 3; 1999, No. 1323, § 30; 2019, No. 910, § 1856.

6-50-505. Waiver of rules — Articulation agreements — Duties of Career Education and Workforce Development Board.

  1. The Career Education and Workforce Development Board may provide waivers of rules adopted by the Division of Career and Technical Education when waivers are necessary to accomplish the purposes of this subchapter so long as the waivers will not weaken the quality of the educational opportunities provided.
    1. The division also shall take the lead role in seeking the establishment of articulation agreements between high schools, technical institutes or vocational-technical schools, and institutions of higher education, with a goal of eliminating barriers to lifelong learning.
    2. The resulting articulation agreements will need to be approved by the appropriate local and state boards of the participating school districts, postsecondary technical institutes or vocational-technical schools, and institutions of higher education.
  2. The board is authorized to promulgate rules for the implementation of the program established by this subchapter.

History. Acts 1991, No. 546, § 1; 1991, No. 553, § 1; 1999, No. 1323, § 31; 2019, No. 315, §§ 340, 341.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (a); and deleted “and regulations” following “rules” in (c).

Subchapter 6 — Arkansas Advisory Council for Vocational-Technical Education

6-50-601 — 6-50-605. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 1999, No. 1323, § 29. The subchapter was derived from the following sources:

6-50-601. Acts 1995, No. 492, § 1; 1997, No. 540, § 6.

6-50-602. Acts 1995, No. 492, § 2.

6-50-603. Acts 1995, No. 492, §§ 2, 4.

6-50-604. Acts 1995, No. 492, § 3.

6-50-605. Acts 1995, No. 492, § 5; 1997, No. 250, § 23.

Subchapter 7 — Arkansas Existing Workforce Training Act of 1995

A.C.R.C. Notes. Acts 2013, No. 1447, § 25, provided: “ADULT EDUCATION DISTRIBUTION. All funds that become available for Adult Education shall be distributed to those administrative units determined to be operating efficient and effective adult education programs, under criteria established by the State Board of Career Education. The criteria shall include the relative efficiency of administration of the program in the counties served and achievement of federal performance indicators. The State Board of Career Education shall promulgate rules and regulations for the distribution of funds in accordance with criteria to be determined by the Board. In the distribution of funds to local units the Board shall consider performance in meeting state and federal performance indicators. Unallocated funds will be redistributed based upon need as determined by the State Board of Career Education.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 279, § 26, provided:

“ADULT EDUCATION DISTRIBUTION. All funds that become available for Adult Education shall be distributed to those administrative units determined to be operating efficient and effective adult education programs, under criteria established by the State Board of Career Education. The criteria shall include the relative efficiency of administration of the program in the counties served and achievement of federal performance indicators. The State Board of Career Education shall promulgate rules and regulations for the distribution of funds in accordance with criteria to be determined by the Board. In the distribution of funds to local units the Board shall consider performance in meeting state and federal performance indicators. Unallocated funds will be redistributed based upon need as determined by the State Board of Career Education.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 923, § 29, provided:

“ADULT EDUCATION DISTRIBUTION. All funds that become available for Adult Education shall be distributed to those administrative units determined to be operating efficient and effective adult education programs, under criteria established by the State Board of Career Education. The criteria shall include the relative efficiency of administration of the program in the counties served and achievement of federal performance indicators. The State Board of Career Education shall promulgate rules and regulations for the distribution of funds in accordance with criteria to be determined by the Board. In the distribution of funds to local units the Board shall consider performance in meeting state and federal performance indicators. Unallocated funds will be redistributed based upon need as determined by the State Board of Career Education.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 216, § 27, provided:

“ADULT EDUCATION DISTRIBUTION. All funds that become available for Adult Education shall be distributed to those administrative units determined to be operating efficient and effective adult education programs, under criteria established by the Career Education and Workforce Development Board. The criteria shall include the relative efficiency of administration of the program in the counties served and achievement of federal performance indicators. The Career Education and Workforce Development Board shall promulgate rules and regulations for the distribution of funds in accordance with criteria to be determined by the Board. In the distribution of funds to local units the Board shall consider performance in meeting state and federal performance indicators. Unallocated funds will be redistributed based upon need as determined by the Career Education and Workforce Development Board.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Effective Dates. Acts 1995, No. 791, § 9: Mar. 24, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the training needs of the existing and future workforce of this state is critical to economic development and expansion of job opportunities and that any delay in the effective date of this act could work irreparable harm upon the proper administration and provision of such training and to the agencies charged with implementation of this Act. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval.”

Acts 1999, No. 1134, § 8: Apr. 6, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that the training needs of the existing and future workforce of this state is critical to economic development and expansion of job opportunities; that the availability of training opportunities must coincide with the availability of training funds to prevent a period where our workforce does not have this training available; and that any delay in the effective date of this act could work irreparable harm upon the proper administration and provision of such training and to the agencies charged with implementation of this act. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-50-701. Title.

This subchapter may be referred to and cited as the “Arkansas Existing Workforce Training Act of 1995”.

History. Acts 1995, No. 791, § 1.

6-50-702. Definitions.

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

  1. “Basic skills training” means those math, reading, English, listening, oral and written communication, and computer literacy skills that a person can reasonably be expected to have attained by the end of the twelfth grade except in the instance of potential new workforce training;
  2. “Classroom training” means instructor-led training that is provided outside the process of the production of goods or the delivery of a service;
    1. “Consortium” means a group of companies that includes at least three (3) eligible companies as defined in subdivision (4) of this section and which for fiscal purposes is either a private, not-for-profit corporation or an organized group that has a coordinating board or committee and a mission statement, that has or is in the process of developing bylaws, and that is establishing a bank account requiring at least two (2) consortium members' signatures.
    2. Consortia may have members that are not eligible companies so long as at least three (3) of the consortium member companies are eligible companies.
    3. Fifty percent (50%) of the eligible participants completing each course must be employees of eligible companies;
    1. “Eligible company” means an entity currently operating in the state that has filed a corporate income tax return for the year prior to the year in which the application was submitted and is classified in one (1) of the following ways:
      1. Manufacturers classified in sectors 31-33 under the North American Industrial Classification System as it existed on January 1, 2007;
      2. Manufacturers classified in sectors 20-39 according to the Standard Industrial Classification standards as they existed on January 1, 2007, but which are classified in another sector under the North American Industrial Classification System as it existed on January 1, 2007;
        1. Businesses primarily engaged in the design and development of prepackaged software, digital content production and preservation, computer processing and data preparation services, or information retrieval services.
        2. All businesses under subdivision (4)(A)(iii)(a ) shall derive at least seventy-five percent (75%) of their sales revenue from out of state;
        1. Businesses primarily engaged in motion picture productions.
        2. All businesses under subdivision (4)(A)(iv)(a ) of this section shall derive at least seventy-five percent (75%) of their sales revenue from out of state;
      3. An intermodal facility or distribution center, if seventy-five percent (75%) of its sales revenue is from out of state;
      4. An office sector business, if seventy-five percent (75%) of its sales revenue is from out of state;
      5. Firms primarily engaged in commercial, physical, and biological research as classified under the North American Industry Classification System code 541710 as it existed on January 1, 2003;
      6. A national or regional corporate headquarters as classified under North American Industry Classification System code 551114 as it existed on January 1, 2003, if the national or regional headquarters serves more than one (1) state;
        1. A scientific and technical services business.
          1. All businesses under subdivision (4)(A)(ix)(a ) of this section shall derive at least seventy-five percent (75%) of their sales revenue from out of state.
            1. The average hourly wages paid by businesses in this group shall not exceed one hundred fifty percent (150%) of the county average hourly wage or the state average hourly wage, whichever is less.
            2. The average hourly wage threshold determined at the signing of the financial incentive agreement shall be the threshold for the term of the agreement;
        1. All building trade industries classified under North American Industry Classification System codes 236 and 238 as they existed on January 1, 2003.
        2. A business classified under North American Industry Classification System code 23899 shall not qualify as a building trade industry; and
      7. Air transport businesses primarily engaged in aircraft maintenance, repair services, and aircraft testing as classified under North American Industry Classification System code 488190 as it existed on January 1, 2007.
    2. The Director of the Arkansas Economic Development Commission may classify a nonretail business as an eligible company if:
      1. The business receives at least seventy-five percent (75%) of its sales revenue from out of state; and
      2. The business proposes to pay wages in excess of one hundred ten percent (110%) of the county average hourly wage or state average hourly wage, whichever is less;
  3. “Eligible recipient” means a full-time permanent employee of an Arkansas company or consortium who is subject to the Arkansas personal income tax;
  4. “Governing council” means the Director of the Arkansas Economic Development Commission, the Director of the Division of Higher Education, and the Director of the Office of Skills Development, or their designees;
  5. “Internal training” means classroom training provided to company employees by company trainers who may be either full-time employees of the company or consultants paid by the company;
  6. “Potential new workforce” means two (2) or more eligible companies with common job skill requirements requiring a minimum of fifteen (15) new employees and conducting a minimum of fifteen (15) hours of preemployment training, thereby allowing prospective employees and employers an opportunity to evaluate one another before making employment commitments; and
    1. “State-supported educational institution” means a secondary or postsecondary Arkansas educational institution that receives the majority of its funding from state or local tax revenues.
    2. However, for purposes of this subchapter, Texarkana College may be considered a state-supported educational institution for the purpose of delivering training services to eligible companies located in Miller County, if Texarkana College continues to waive out-of-state tuition for residents of Arkansas.

History. Acts 1995, No. 791, § 2; 1997, No. 540, § 7; 1999, No. 1134, § 1; 2003, No. 609, § 1; 2007, No. 1003, § 1; 2019, No. 910, § 143.

Amendments. The 2019 amendment, in (6), substituted “Director of the Arkansas Economic Development Commission, the Director of the Division of Higher Education, and the Director of the Office of Skills Development” for “directors of the Arkansas Economic Development Commission, the Department of Higher Education, and the Department of Career Education”.

U.S. Code. The Standard Industrial Classification code, referred to in this section, was replaced by the North American Industry Classification System, effective October 1, 2000. See 13 C.F.R. 121.101 et seq. for present standards.

6-50-703. Arkansas Existing Workforce Training Program — Creation — Purpose.

  1. There is hereby created the Arkansas Existing Workforce Training Program, to be administered by a governing council composed of equal representation from the Division of Higher Education, the Division of Career and Technical Education, and the Arkansas Economic Development Commission.
  2. The primary purpose of the program shall be to provide financial assistance to Arkansas business and industry for upgrading the knowledge and skills of the existing work force or a potential new workforce and to increase the capacity of state-supported educational institutions to supply the ongoing training needs of Arkansas companies.
      1. When an eligible company uses a state-supported educational institution to provide its classroom training, financial support can be either in the form of a direct grant or in the form of an income tax credit.
      2. Companies that elect to receive a grant cannot claim a tax credit for the same purpose.
    1. When an eligible company is conducting internal training using company trainers or consultants, financial support can be only in the form of an income tax credit.
    2. When an eligible consortium uses a state-supported educational institution to provide its classroom training, financial support can be only in the form of a grant.

History. Acts 1995, No. 791, § 3; 1997, No. 540, § 8; 1999, No. 1134, § 2; 2007, No. 1003, § 2; 2019, No. 910, § 1857.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” and “Division of Career and Technical Education” for “Department of Career Education” in (a).

6-50-704. Rules for program.

  1. The Arkansas Economic Development Commission shall promulgate rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for implementation of this subchapter by the commission.
  2. Rules shall include, but not be limited to, the following:
    1. Training shall be conducted for the purpose of meeting specific business goals and performance objectives;
    2. As part of the application process, a company or consortium shall be responsible for determining that participants involved in the training program possess the appropriate prerequisite literacy skills;
      1. The amount of financial support a company or consortium receives shall be determined and approved by the commission and set forth in writing prior to any funds' being committed and distributed or prior to any tax credits' being approved.
      2. For companies or consortia that use state-supported educational institutions to deliver classroom training to their employees, the amount of support shall be the lesser of:
        1. One-half (½) of the amount paid by the company to the state-supported educational institution for the training;
          1. The instructional hour rate established by the governing council, not to exceed one hundred dollars ($100) per instructional hour, times the number of instructional hours delivered with fifty percent (50%) or more of the eligible participants completing the course.
          2. For companies that use company employees or company-paid consultants to deliver classroom training to their employees, the amount of the tax credit shall not be more than twenty-five dollars ($25.00) per instructional hour.
            1. The minimum class size needed to receive full benefits is five (5) trainees.
            2. For classes smaller than five (5), the amount of support will be reduced proportionally;
        2. The instructional hour rate established by the governing council, not to exceed thirty-five dollars ($35.00) per instructional hour, times the number of instructional hours for safety-related training; or
        3. The instructional hour rate established by the governing council, not to exceed thirty-five dollars ($35.00) per instructional hour, times the number of instructional hours for all courses with less than fifty percent (50%) of the eligible participants completing each course;
    3. Training delivered by means other than traditional classroom training may be considered by the governing council. For approved training delivered by means other than traditional classroom training, a flat rate of reimbursement will be established by the governing council;
    4. Applications for tax credits afforded by this subchapter shall be available on and after January 1, 2000;
    5. The maximum amount of total tax credits allowed by the commission pursuant to this subchapter shall not exceed four hundred fifty thousand dollars ($450,000) per year;
    6. Neither grant funds nor tax credits shall be used to support any training, including remedial basic skills training, that is authorized under any other state or federal program; and
    7. Neither grant funds nor tax credits shall be used to support any training that is mandated by any state law, state rule, federal law, or federal regulation.

History. Acts 1995, No. 791, § 4; 1997, No. 540, § 9; 1999, No. 1134, § 3; 2003, No. 609, § 2; 2007, No. 1003, § 3; 2013, No. 755, § 1; 2019, No. 315, § 342.

Amendments. The 2013 amendment substituted “one hundred dollars ($100)” for “eighty dollars ($80.00)” in (b)(3)(B)(ii)( a

The 2019 amendment substituted “state law, state rule, federal law, or federal regulation” for “state or federal law or regulation” in (b)(8).

6-50-705. Uses for grant funds or tax credits.

  1. The Arkansas Existing Workforce Training Program shall provide matching funds or approve income tax credits to eligible companies or consortia at a rate to be determined by the governing council.
  2. Matching funds may be provided to state-supported educational institutions to upgrade the skills of regular or adjunct faculty if approved by the governing council. Matching funds to upgrade faculty skills will only be granted when there is a documented demand for training in the area served by the educational institution and when there is no faculty member who can provide the needed training.

History. Acts 1995, No. 791, § 5; 1999, No. 1134, § 4.

Subchapter 8 — Workforce Development Center Authority Act

6-50-801. Title.

This subchapter shall be known and may be cited as the “Workforce Development Center Authority Act”.

History. Acts 2017, No. 509, § 1.

6-50-802. Purpose — Construction.

  1. It is the purpose of this subchapter to:
    1. Enhance the availability, accessibility, responsiveness, and quality of vocational and technical education in this state;
    2. Assist cities and counties in upgrading the knowledge and skills of their existing workforce or potential new workforce;
    3. Encourage and facilitate cooperation between cities, counties, school districts, and vocational-technical schools; and
    4. Develop new funding sources for vocational and technical education.
  2. This subchapter shall be liberally construed to accomplish its intent and purposes and shall be the sole authority required for the accomplishment of its purpose.

History. Acts 2017, No. 509, § 1.

6-50-803. Definitions.

As used in this subchapter:

  1. “Area of operation” means, for a workforce development center authority, the area within the combined geographical boundaries of every school district, city, and county that is a sponsor of a workforce development center authority;
  2. “Sponsor” means a school district, city, county, or vocational-technical school that is a sponsor of a workforce development center authority;
  3. “Vocational-technical school” means:
    1. A publicly supported vocational-technical school under § 6-51-202;
    2. A publicly supported technical institute under § 6-51-217; or
    3. A two-year or four-year state-supported institution of higher education that operates or has been approved to operate a secondary vocational center as of January 1, 2017;
  4. “Workforce development center” means a public education facility established by a workforce development center authority for any purpose of this subchapter; and
  5. “Workforce development center authority” means a public educational institution created under this subchapter to operate one (1) or more workforce development centers and to further the purposes of this subchapter.

History. Acts 2017, No. 509, § 1.

6-50-804. Workforce development center authority — Creation — Public corporation — Immunity.

    1. Four (4) or more sponsors listed under subdivision (a)(2) of this section may create a workforce development center authority.
    2. A workforce development center authority's four (4) or more sponsors:
      1. Shall include:
        1. One (1) or more school districts; and
        2. One (1) or more vocational-technical schools; and
      2. May include one (1) or more cities or counties.
    1. A county or city shall not sponsor a workforce development center authority unless the governing body of the county or city provides by ordinance to sponsor the workforce development center authority.
    2. A school district or vocational-technical school shall not sponsor a workforce development center authority unless the governing body of the school district or vocational-technical school provides by resolution to sponsor the workforce development center authority.
    1. The sponsors of a workforce development center authority shall enter into an agreement establishing the terms and conditions for operation of the workforce development center authority.
    2. To the extent consistent with this subchapter, the agreement shall specify the information provided for in § 25-20-104(c) of the Interlocal Cooperation Act, § 25-20-101 et seq.
    3. The agreement shall be filed with the Secretary of State.
  1. By action of the board of directors of the workforce development center authority, a workforce development center authority established under this subchapter may add one (1) or more sponsors to the creating sponsors under subsection (a) of this section.
    1. Each workforce development center authority and its sponsors:
      1. Shall constitute a public corporation;
      2. Shall have perpetual succession;
      3. May contract and be contracted with;
      4. May sue and be sued; and
      5. May have and use a common seal.
    2. The exercise of the powers and performance of duties provided for in this subchapter by each workforce development center authority and its officers, agents, and employees are declared to be public and governmental functions, exercised for a public purpose and matters of public necessity, conferring upon each workforce development center authority governmental immunity from suit in tort.

History. Acts 2017, No. 509, § 1.

6-50-805. Board of directors.

  1. The management and control of each workforce development center authority and its property, operations, business, and affairs shall be lodged in a board of directors of not less than five (5) members.
    1. The membership of the board of directors shall include:
      1. The superintendent of each sponsoring school district, or his or her designee; and
      2. The president or executive director of each sponsoring vocational-technical school, or his or her designee.
    2. The membership of the board of directors may include, as determined by the agreement establishing the terms and conditions for the operation of the workforce development center authority, one (1) or more of the following:
      1. The county judge of one (1) or more sponsoring counties, or his or her designee;
      2. The mayor of one (1) or more sponsoring cities, or his or her designee; and
        1. One (1) or more individuals appointed by the board of directors of one (1) or more sponsoring school districts.
        2. The agreement establishing the terms and conditions for the operation of the workforce development center authority may define the term lengths, qualifications, and process for filling vacancies for individuals appointed by a school district board of directors.
  2. The board of directors shall elect a chair and other officers as determined by the board of directors.
  3. The members of the board of directors shall receive no compensation for their services but shall be entitled to reimbursement of expenses incurred in the performance of their duties.

History. Acts 2017, No. 509, § 1.

6-50-806. Powers generally.

The board of directors of a workforce development center authority created under this subchapter may:

  1. Make and adopt all necessary bylaws for its organization and operation;
  2. Elect officers and employ personnel necessary for its operation;
  3. Delegate any authority given to it by law to any of its officers, committees, agents, or employees;
    1. Enter into contracts and agreements necessary or incidental to its powers and duties under this subchapter.
    2. A workforce development center authority's power to contract includes without limitation the power to contract with one (1) or more of its sponsors for the provision of services or programs to advance any purpose of this subchapter;
  4. Apply for, receive, and spend grants for any purpose of this subchapter;
  5. Acquire lands and hold title to the lands acquired in its own name;
  6. Acquire, own, lease, use, sell, encumber, and dispose of property in the exercise of its powers and the performance of its duties under this subchapter;
  7. Borrow money on a secured or unsecured basis, and in connection therewith issue bonds, promissory notes, or other evidence of indebtedness, and make and deliver indentures, mortgages, pledges, security agreements, financing statements, and other instruments encumbering assets of the workforce development center authority;
  8. Acquire, equip, construct, maintain, and operate one (1) or more workforce development centers and appurtenant facilities or properties;
  9. Promote, advertise, and publicize the workforce development center authority and its workforce development centers; and
  10. Do all things necessary or appropriate to carry out the powers and duties expressly granted or imposed under this subchapter.

History. Acts 2017, No. 509, § 1.

6-50-807. Financing generally — Exemption from taxation or assessment.

  1. A workforce development center authority may request, receive, and be financed or supported by any revenue, grants, or funds allowed by law, including without limitation:
    1. Funds provided by counties, cities, school districts, and vocational-technical schools;
    2. Property or funds received by gift or donation;
    3. Grants;
    4. Proceeds from the sale or issuance of bonds, promissory notes, or other evidence of indebtedness;
    5. Tuition, fees, and other charges assessed on individuals or employers receiving services from a workforce development center authority;
    6. Other state funding that is appropriated;
    7. Other funds or loans from a state or federal agency;
    8. If requested and adopted, revenue from the levy by a sponsoring county of a sales tax or sales and use tax under § 26-74-201 et seq., § 26-74-301 et seq., and § 26-74-401 et seq. for the benefit of the workforce development center authority;
    9. If requested and adopted, revenue from the levy by a sponsoring city of a sales tax or sales and use tax under § 26-75-201 et seq. and § 26-75-301 et seq. for the benefit of the workforce development center authority;
      1. If authorized by law, requested, and adopted, revenue from the levy of an additional sales and use tax for the benefit of an authority by a county or city not to exceed one-half of one percent (0.5%).
      2. A sales and use tax levied as described in this subdivision (a)(10) is in addition to any taxes levied under subdivisions (a)(8) and (9) of this section;
    10. If requested and adopted, revenue from the levy by a sponsoring school district of an additional ad valorem property tax under § 26-80-102 to secure the enrollment of a minimum number of the school district's students in a workforce development center operated by the workforce development center authority; and
    11. If authorized by law, requested, and adopted, revenue from the levy by a sponsoring city or county of an additional ad valorem property tax for the benefit of the workforce development center authority.
  2. Taxes imposed under subdivisions (a)(8)-(12) of this section shall be approved by voters pursuant to all applicable election laws.
      1. Counties, pursuant to an ordinance properly and lawfully adopted by their quorum courts, may annually grant financial aid to any workforce development center authority operating within their borders for the purpose of assisting the workforce development center authority in paying its lawful expenses of operation.
      2. The ordinance shall be effective for a period of twelve (12) months.
      1. Incorporated towns and cities of the first or second class, pursuant to an ordinance properly and lawfully adopted by their governing bodies, may annually grant financial aid to any workforce development center authority operating within their borders for the purpose of assisting the workforce development center authority in paying its lawful expenses of operation.
      2. The ordinance shall be effective for a period of twelve (12) months.
      1. School districts, pursuant to a resolution properly and lawfully adopted by their governing bodies, may appropriate funds to any workforce development center authority operating within their borders for the purpose of securing the enrollment of a minimum number of the school district's students in a workforce development center operated by the workforce development center authority.
      2. Funds appropriated by a school district to a workforce development center authority under this subdivision (c)(3), and any ad valorem property tax revenue pledged by a school district under subdivision (a)(11) of this section, are maintenance and operation expenses under § 26-80-102 and Arkansas Constitution, Article 14, § 3.
  3. A county, city, or vocational-technical school located within the area of operation of a workforce development center authority may:
    1. Contribute funds for the benefit of the workforce development center authority, including without limitation funds for the cost of acquiring, constructing, equipping, maintaining, and operating workforce development centers operated by the workforce development center authority;
    2. Pledge tax revenue for the benefit of the workforce development center authority as allowed by law; and
    3. Transfer and convey property to the workforce development center authority for any purpose of this subchapter.
    1. A workforce development center authority is exempt from ad valorem property taxation or assessments on property acquired or used by the workforce development center authority for any purpose of this subchapter.
    2. Income from the operation of the authority shall be exempt from state income tax.

History. Acts 2017, No. 509, § 1.

Cross References. Dedication of sales and use tax to school district, § 26-73-114.

6-50-808. Bonds — Sale.

  1. A workforce development center authority may issue bonds for:
    1. The cost of acquiring, constructing, equipping, maintaining, and operating one (1) or more workforce development centers operated by the workforce development center authority within its area of operation;
    2. The cost of issuing the bonds;
    3. Any outstanding indebtedness of the workforce development center authority, including without limitation interest on the bonds; and
    4. Refunding any obligations issued under this subchapter.
  2. Bonds issued under this subchapter:
    1. Including any income from the bonds, or any profit made on the sale or transfer of the bonds, are exempt from taxation in this state;
    2. Shall be authorized by the board of directors of a workforce development center authority through a resolution containing any terms, covenants, and conditions that the board of directors deems to be reasonable and desirable;
    3. Shall have all of the qualities of and shall be deemed to be negotiable instruments under the laws of the State of Arkansas; and
    4. May be sold in such a manner, either at public or private sale, and upon such terms as the board of directors of a workforce development center authority shall determine to be reasonable and expedient for effectuating the purposes of this subchapter.
  3. Bonds, promissory notes, or other evidence of indebtedness issued under this subchapter:
    1. Are not backed by the full faith and credit of the State of Arkansas or the sponsors of the workforce development center authority; and
    2. Shall not in any event constitute an indebtedness of, nor pledge the faith and credit of, the State of Arkansas or a sponsor of the workforce development center authority within the meaning of any constitutional provisions or limitations.

History. Acts 2017, No. 509, § 1.

6-50-809. Accounts — Report — Audit.

    1. The board of directors of a workforce development center authority:
      1. Shall deposit the funds received by the workforce development center authority into bank accounts as determined by the board of directors; and
      2. May withdraw funds from the bank accounts as determined by the board of directors.
      1. Each workforce development center authority shall:
        1. Keep strict account of all of its receipts and expenditures; and
        2. Make a report each quarter to the governing bodies of each sponsor.
      2. The report shall contain an itemized account of the workforce development center authority's receipts and disbursements during the preceding quarter.
      3. The report shall be made within sixty (60) days after the end of the quarter.
        1. Within sixty (60) days after the end of each fiscal year, each workforce development center authority shall cause an annual audit to be made by an independent certified public accountant.
        2. Each workforce development center authority shall file a copy of the resulting audit report with the governing bodies of each sponsor.
      1. The audit shall contain an itemized statement of the workforce development center authority's receipts and disbursements for the preceding year.
    1. The books, records, and accounts of each workforce development center authority shall be subject to audit and examination by any proper public official or body in the manner provided by law.

History. Acts 2017, No. 509, § 1.

6-50-810. Dissolution.

  1. If a workforce development center authority does not have any outstanding indebtedness, the board of directors of a workforce development center authority may adopt a resolution, which shall be entered in its minutes, declaring that the workforce development center authority shall be dissolved.
  2. The resolution dissolving the workforce development center authority shall provide for allocation of the workforce development center authority's remaining assets among the sponsors as of the date of dissolution.
  3. Upon the filing for record of a certified copy of the resolution with the Secretary of State, the workforce development center authority is dissolved.

History. Acts 2017, No. 509, § 1.

Chapter 51 Vocational and Technical Schools

A.C.R.C. Notes. References to “this chapter” in subchapters 1-5, 7-10 and §§ 6-51-6016-51-622 may not apply to § 6-51-623, which was enacted subsequently.

Acts 2013, No. 1447, § 27, provided: “SECONDARY TECHNICAL CENTER AID PROVISIONS.

“(a)(1) Secondary technical center aid shall be calculated and distributed by the Department of Career Education based upon each secondary technical center's eligible student full-time equivalent count.

“(2) Secondary technical center aid shall not be based upon the percentage of total enrollment from any one sending school.

“(b) This section expires on June 30, 2014.”

Acts 2014, No. 279, § 28, provided: “SECONDARY TECHNICAL CENTER AID PROVISIONS.

“(a)(1) Secondary technical center aid shall be calculated and distributed by the Department of Career Education based upon each secondary technical center's eligible student full-time equivalent count.

“(2) Secondary technical center aid shall not be based upon the percentage of total enrollment from any one sending school.

“(b) This section expires on June 30, 2015.”

Subchapter 1 — General Provisions

Effective Dates. Acts 1965, No. 48, § 4: effective at beginning of 1965-66 school year.

Acts 1981, No. 732, § 11: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1981 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1981 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1981.”

Acts 1991, No. 1192, § 57: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1991 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1991 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1997, No. 1347, § 57: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1997 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1997.”

6-51-101. Vehicle registration — Tax and fee exemptions.

  1. All motor vehicles owned and operated by publicly financed vocational-technical schools, technical colleges, and community colleges in the state and used exclusively for training purposes shall be exempt from:
    1. State, county, and municipal taxes; and
    2. All vehicle registration fees.
    1. Each publicly supported vocational-technical school, technical college, and community college in the state now owning or hereafter acquiring one (1) or more motor vehicles used exclusively for training purposes shall register vehicles in the same manner as is provided by law for other motor vehicles, but no charge shall be made for the registration of the vehicles.
    2. All vocational-technical school, technical college, and community college buses registered under the provisions of this section shall be properly identified as vocational-technical school, technical college, and community college vehicles.

History. Acts 1973, No. 476, §§ 1, 2; A.S.A. 1947, §§ 80-2586, 80-2586.1; Acts 1995, No. 1297, § 1.

6-51-102. Eye protection.

  1. Every student and teacher in the public schools, colleges, vocational schools, and universities of this state participating in any of the following courses is required to wear industrial-quality eye protective devices at all times while participating in the following courses or laboratories:
    1. Vocational or industrial arts shops or laboratories involving experience with:
      1. Hot molten metals;
      2. Milling, sawing, turning, shaping, cutting, grinding, or stamping of any solid materials;
      3. Heat treatment, tempering, or kiln firing of any metal or other materials;
      4. Gas or electric arc welding;
      5. Any of the processes listed in this section which may be used for repairing a vehicle; or
      6. Caustic or explosive materials; or
    2. Chemical or combined chemical-physical laboratories involving caustic or explosive chemicals or hot liquids or solids.
  2. A board of education may in its discretion:
    1. Purchase eye protective devices and furnish them free to students and teachers;
    2. Purchase eye protective devices and sell or rent the devices to students and teachers; or
    3. Require students and teachers to furnish their own eye protective devices without cost to the school, college, or university.
  3. As used in this section:
    1. A “board of education” shall be construed to include school district boards of directors of this state, county boards of education, or the trustees of the various state-supported institutions of higher learning in this state; and
    2. “Industrial-quality eye protective devices” means devices meeting the standards of the American standard safety code for head, eye, and respiratory protection, Z2. 1-1959, promulgated by the American National Standards Institute.

History. Acts 1965, No. 48, §§ 1-3; A.S.A. 1947, § 80-1634 — 80-1636.

Publisher's Notes. Acts 1965, No. 48, §§ 1-3, are also codified as §§ 6-10-113 and 6-61-108.

6-51-103. Required admission for certain students.

Any student who has met, or is in the process of meeting, the state requirements for graduation shall not be denied access to any program of vocational education if space is available within the program.

History. Acts 1981, No. 732, § 6; A.S.A. 1947, § 80-2510.1.

6-51-104. [Repealed.]

Publisher's Notes. This section, concerning priorities, was repealed by Acts 2013, No. 1138, § 78. This section was derived from Acts 1991, No. 1192, § 50.

6-51-105. Priorities — Vocational-technical institutions.

A high priority of the vocational-technical institutions shall be to combat illiteracy and to provide industrial training in the workplace.

History. Acts 1997, No. 1347, § 34.

A.C.R.C. Notes. Acts 2013, No. 773, § 5, provided: “PRIORITIES. A high priority of the College of The Ouachitas shall be to combat illiteracy and to provide industrial training in the work place. The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 78, § 5, provided:

“PRIORITIES. A high priority of the College of The Ouachitas shall be to combat illiteracy and to provide industrial training in the work place.

“The provisions of this section shall be in effect from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 367, § 5, provided:

“PRIORITIES. A high priority of the College of The Ouachitas shall be to combat illiteracy and to provide industrial training in the work place.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 78, § 5, provided:

“PRIORITIES. A high priority of the College of The Ouachitas shall be to combat illiteracy and to provide industrial training in the work place.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Subchapter 2 — Establishment and Administration Generally

A.C.R.C. Notes. Acts 2013, No. 1397, § 37, provided: “COOPERATION AGREEMENTS.

Any institution of Higher Education that has its main campus, satellite campus, or center located within a twenty five mile radius of any other main campus of an institution of higher education shall enter into a written agreement with that institution which must address duplication of services between the institutions.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 104, § 37, provided:

“COOPERATION AGREEMENTS. Any institution of Higher Education that has its main campus, satellite campus, or center located within a twenty five mile radius of any other main campus of an institution of higher education shall enter into a written agreement with that institution which must address duplication of services between the institutions.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 978, § 36, provided:

“COOPERATION AGREEMENTS. Any institution of Higher Education that has its main campus, satellite campus, or center located within a twenty five mile radius of any other main campus of an institution of higher education shall enter into a written agreement with that institution which must address duplication of services between the institutions.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 236, § 35, provided: “COOPERATION AGREEMENTS. Any institution of Higher Education that has its main campus, satellite campus, or center located within a twenty five mile radius of any other main campus of an institution of higher education shall enter into a written agreement with that institution which must address duplication of services between the institutions.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Cross References. Vocational technical training for inmates, §§ 12-29-30612-29-310.

Effective Dates. Acts 1931, No. 169, § 198: approved Mar. 25, 1931. Emergency clause provided: “It is found as a fact that the advent of the automobile, and the great improvement in the roads of the State have worked great changes in the system of administering the public schools of the State, and there is occasion to change the boundaries of many such districts before the end of the current school term, to relieve many of them of pressing indebtedness, to immediately administer to the health of many pupils in the schools, and to distribute State Funds to many of the school in the near future to prevent some of them from having to close for the lack of funds; therefore, it is necessary that this act take immediate effect for the preservation of public peace, health, and safety; therefore, an emergency is declared and this act shall take effect and be in force immediately after its passage.”

Acts 1957, No. 328, § 12: July 1, 1957.

Acts 1964 (1st Ex. Sess.), No. 8, § 13: Mar. 26, 1964. Emergency clause provided: “Since the Federal Vocational Education Act of 1963 was passed by Congress subsequent to the 1963 Arkansas General Assembly, and since no State appropriation has been made to implement the Act, and since the Act is designed to relieve the unemployment and drop-out problems that exist nationally, therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 732, § 11: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1981 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1981 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1981.”

Acts 1981, No. 769, § 21: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1981 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1981 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1981.”

Acts 1983, No. 484, § 4: Mar. 16, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that buildings, structures, parking facilities, dormitory facilities and/or other facilities are badly needed at state supported vocational technical schools and that, except as provided by Act 6 of the First Extraordinary Session of 1968, the Board of Vocational Education does not presently have the authority to issue revenue bonds to purchase, construct, improve, equip and maintain such facilities and the grounds on which they are situated and that it is essential to the proper and efficient operation of said state supported vocational technical schools that the Board be granted this authority immediately in order to obtain financing for various capital improvement programs at the schools. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in effect from the date of its passage and approval.”

Acts 1999, No. 1078, § 92: effective July 1, 2000.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-51-201. Receipt and administration of federal funds.

The State Board of Career Education is designated as the agency of state government to receive and administer any and all federal funds made available to this state for the purpose of assisting the state or school districts in providing for the extension of vocational education of less than college grade in the field of vocational-technical and adult education for persons sixteen (16) years of age and over.

History. Acts 1957, No. 328, § 1; A.S.A. 1947, § 80-2557.

6-51-202. Authority to establish schools.

  1. The State Board of Career Education is authorized to establish or designate one (1) or more area vocational-technical and adult education schools of less than college grade for the purpose of offering training in the various areas which may be prescribed by the United States Congress for persons sixteen (16) years of age or over.
  2. The location of the school or schools shall be determined by the board by formal resolution which shall be made a part of the minutes of the board, and a copy shall be filed with the Secretary of State.
    1. In the event more than one (1) school is established, the location of the school or schools shall be in different congressional districts until a school has been established in each congressional district.
    2. The board may, without regard to the foregoing limitation, designate any area vocational-technical and adult education school for location on lands owned by any school district which, in its application made and filed with the board, proposes to construct and operate such a school.
    3. However, this authority would be applicable only if state funds for construction of area vocational-technical and adult education schools are not available.
    4. In the event the board designates an area school to be constructed and operated by a school district, the school district board of directors must provide operating funds from local sources, except that federal funds which are now available or which may hereafter be provided by the federal government may be used as operating funds.

History. Acts 1957, No. 328, § 3; 1964 (1st Ex. Sess.), No. 8, § 11; A.S.A. 1947, § 80-2559.

6-51-203. Determining school location and establishing courses of instruction.

  1. In determining the location of technical institutes or vocational-technical schools and in establishing the courses of instruction to be offered in the schools, the State Board of Education shall give consideration to:
    1. Trends in industrial development;
    2. Concentration of population;
    3. Concentration of industry;
    4. Natural resources; and
    5. Reasonable distance for people in all areas of the state.
    1. The State Board of Education shall develop a course content syllabus for each course of instruction offered in a postsecondary technical institute or vocational-technical school. The course syllabus for each course of instruction shall specify the essential competencies to be taught in the course of instruction.
      1. Each instructor employed in a postsecondary technical institute or vocational-technical school shall utilize the appropriate course syllabus in providing instruction to postsecondary vocational students.
      2. It shall be the responsibility of the director of each postsecondary technical institute or vocational-technical school to ensure that vocational-technical instructors utilize the course syllabi developed pursuant to the provisions of this section in offering instruction to postsecondary vocational-technical students.
    2. The course syllabi required to be developed pursuant to the provisions of this section shall be adopted by the State Board of Education not later than July 1, 1990, and shall be utilized in postsecondary technical institutes or vocational-technical schools in the school year beginning 1990-1991.
    1. The State Board of Education and the Arkansas Higher Education Coordinating Board are hereby authorized to certify certain courses of instruction offered by postsecondary technical institutes or vocational-technical schools as being equivalent to comparable courses offered by public two-year or four-year institutions of higher education.
    2. Any course of instruction offered by postsecondary technical institutes or vocational-technical schools that is certified as equivalent to a comparable course of instruction offered by a two-year or four-year institution of higher education shall be transferable for credit to a public two-year or four-year institution of higher education.
  2. The Arkansas Higher Education Coordinating Board and the State Board of Education shall promulgate rules for implementation of the provisions of this section in accordance with the accreditation standards of the receiving institutions.
  3. Students who matriculate at institutions of higher education shall meet the same standards for college and university admission as are defined in § 6-61-110.

History. Acts 1957, No. 328, § 4; A.S.A. 1947, § 80-2560; Acts 1989, No. 848, § 1; 1999, No. 1323, § 32; 2019, No. 315, § 343.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (d).

6-51-204. Public school or community branches — Special instruction.

In addition to the authority of the State Board of Career Education to establish area vocational-technical and adult education schools as authorized in §§ 6-51-2016-51-203, 6-51-205, and 6-51-207, § 6-51-208(a)-(c), §§ 6-51-209 and 6-51-210, and laws amendatory thereto, the board is authorized, whenever funds are available, to establish branches of those area vocational-technical schools or to offer special vocational-technical instruction at public schools or in other facilities in communities in the area of the respective vocational-technical schools, as the board may determine is in the interest of the area and whenever sufficient demand may exist.

History. Acts 1967, No. 363, § 1; A.S.A. 1947, § 80-2560.1.

Case Notes

Cited: Dupree v. Alma Sch. Dist. No. 30, 279 Ark. 340, 651 S.W.2d 90 (1983).

6-51-205. Responsibility for school operation — Personnel and equipment.

  1. The State Board of Education shall be responsible for the operation of the schools and shall have authority to purchase, lease, or construct buildings, land, equipment, machinery, and supplies necessary for the teaching of trade, vocational, or other federally aided adult courses of less than college grade.
  2. The state board is authorized to employ personnel, to set salaries which shall be comparable to those received by other similarly positioned personnel in the Division of Elementary and Secondary Education, and to negotiate leases or purchases with any and all agencies of the United States Government for the lease or purchase of suitable facilities, equipment, machinery, and supplies to be used for the purposes authorized by this section and §§ 6-51-201 — 6-51-203, 6-51-207, 6-51-208(a)-(c), 6-51-209, and 6-51-210.
  3. All laws governing the employment of personnel of the division, including such matters as leave rules and teacher retirement membership, shall apply to employees of all vocational-technical and adult education schools.

History. Acts 1957, No. 328, § 5; A.S.A. 1947, § 80-2561; Acts 2019, No. 315, § 344; 2019, No. 910, § 1858.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in (c).

The 2019 amendment by No. 910, in (b), substituted “Division of Elementary and Secondary Education” for “Department of Education” and substituted “United States Government” for “government of the United States”; and made a stylistic change.

6-51-206. Local board's authority to sell, convey, or lease unneeded lands.

  1. The local boards of technical institutes and comprehensive lifelong learning centers are authorized to sell or convey lands belonging to any of the local boards of technical institutes and comprehensive lifelong learning centers of this state if the local board shall determine that the lands are not needed for vocational-technical educational purposes.
  2. In addition, the local boards may enter into long-term leases with private nonprofit organizations for the location of mental health centers and other public service facilities not operated for profit on any of the lands belonging to a technical institute or vocational-technical school in this state if the local board determines that the lands are not required for the present or anticipated future needs of the school and that the lease thereof would serve a beneficial public service.
  3. The lease shall be under those terms, for that period of time, and under those conditions which the local board may determine would be in the best interest of the State of Arkansas and the state's vocational-technical school program.

History. Acts 1981, No. 769, § 20; A.S.A. 1947, § 80-2561.1; Acts 1999, No. 1323, § 33.

6-51-207. Authority to accept gifts and donations.

The State Board of Career Education is granted authority to accept gifts, grants, donations, equipment and materials, and bequests of money and real and personal property for the purposes of this section and §§ 6-51-2016-51-203 and 6-51-205, § 6-51-208(a)-(c), and §§ 6-51-209 and 6-51-210.

History. Acts 1957, No. 328, § 7; A.S.A. 1947, § 80-2563.

6-51-208. Student fees.

  1. The State Board of Education may establish a reasonable system of charges as fees to be paid by students in the technical institutes or vocational-technical schools and adult education courses, with the system of charges to be established according to the type of course of instruction and the length thereof.
  2. The rate or fees to be paid by students shall be set by the state board, and all funds accruing in the fiscal year over and above the amount appropriated by the General Assembly from the fund shall be deposited into the State Treasury at the end of the fiscal year.
  3. Employees may not be paid from cash funds unless appropriated for this specific purpose by the General Assembly.
  4. No secondary student or school shall be made to pay a tuition charge as a condition of his or her enrollment in any vocational program funded by the Division of Elementary and Secondary Education while enrolled in a regular high school program.
  5. When any person sixty (60) years of age or older is admitted and enrolls as a student in any state area vocational-technical school, the state board or other appropriate institutional officials shall waive all the general student fee charges for each such student on a space-available basis in existing classes.

History. Acts 1957, No. 328, § 6; 1965, No. 450, § 1; 1977, No. 525, § 2; 1981, No. 732, § 6; A.S.A. 1947, §§ 80-1662, 80-2510.1, 80-2562; Acts 1999, No. 1323, § 34; 2019, No. 910, § 1859.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (d).

6-51-209. Accident insurance for students.

  1. The State Board of Education is authorized to expend fees collected from students to provide accident insurance coverage to students.
  2. Such purchases shall follow regular state purchasing procedures and rules.

History. Acts 1957, No. 328, § 9; 1969, No. 174, § 1; A.S.A. 1947, § 80-2565; Acts 2019, No. 315, § 345.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (b).

6-51-210. Disposition of funds generally.

All income of the State Board of Career Education derived from student fees and from the sale of real or personal property or income from other sources as provided in this subchapter belonging to the board shall be deposited in the State Treasury for use by the board in developing a state vocational-technical and adult education program of less than college grade for persons sixteen (16) years of age and over.

History. Acts 1957, No. 328, § 9; 1969, No. 174, § 1; A.S.A. 1947, § 80-2565.

6-51-211. Acceptance of certain federal benefits promoting vocational education.

  1. The State of Arkansas accepts the benefits of an act passed by the United States Congress entitled, “An Act to provide for the promotion of vocational education; to provide for cooperation with the states in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the states in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure,” approved by the President on February 23, 1917.
  2. The state agrees to observe and to comply with all the requirements of the federal act.

History. Acts 1931, No. 169, § 185; Pope's Dig., § 11627; A.S.A. 1947, § 80-2512.

U.S. Code. The Act of Congress referred to in this section was repealed by Pub. L. No. 105-33.

6-51-212. Custodian of certain funds — Disbursement.

  1. The Treasurer of State is designated and appointed custodian of all money received by the state from the appropriation made by the Act of Congress referred to in § 6-51-211, and he or she is authorized to receive and to provide for the proper custody of the money and to make disbursements thereof in the manner provided in that federal act for the purposes therein specified.
  2. He or she shall also pay out any money appropriated by the State of Arkansas for the purpose of carrying out the provisions of this act upon the order of the State Board of Career Education.

History. Acts 1931, No. 169, § 186; Pope's Dig., § 11628; A.S.A. 1947, § 80-2513.

Meaning of “this act”. Acts 1931, No. 169, codified as §§ 6-10-1016-10-104, 6-10-107, 6-11-1016-11-107, 6-11-1096-11-111, 6-11-117, 6-12-109, 6-12-206, 6-13-1016-13-104, 6-13-201, 6-13-2036-13-211, 6-13-213, 6-13-215, 6-13-220, 6-13-221, 6-13-619, 6-13-620, former § 6-13-621 [repealed], 6-14-104, 6-14-118, 6-16-101, 6-16-1036-16-105, 6-16-107, 6-16-114, 6-17-101, 6-17-1036-17-105, 6-17-401, 6-17-405, 6-18-2106-18-212, 6-18-2156-18-219, 6-18-501, 6-18-507, 6-18-701, 6-19-102, 6-20-202, 6-20-204, 6-20-208, 6-20-2136-20-217, 6-20-2206-20-222, 6-20-403, 6-20-408, 6-20-1201, 6-20-12046-20-1215, 6-21-101, 6-21-602, 6-21-6046-21-606, 6-51-2116-51-215, 26-80-101, 26-80-102, and 26-80-104.

U.S. Code. The Act of Congress referred to in this section was repealed by Pub. L. No. 105-33.

6-51-213. Administration of certain federal and state vocational education laws.

  1. The State Board of Education is designated to:
    1. Carry into effect the provisions of the federal act and this act and have all necessary authority to cooperate with the United States Department of Education in the administration of the federal act;
    2. Administer any legislation pursuant thereto enacted by the General Assembly; and
    3. Administer the funds provided by the United States Government and by the State of Arkansas under the provisions of the respective acts for the promotion of vocational-technical education in agricultural subjects and in trade and industrial subjects, as well as in family and consumer science.
  2. The state board shall have the full authority to:
    1. Formulate plans for the promotion of vocational education in subjects that are an essential and integral part of the public school system of education in the State of Arkansas and provide for the preparation of teachers of those subjects;
    2. Fix the compensation of officials and assistants as may be necessary to administer the federal act and this act for the State of Arkansas;
    3. Make studies and investigations relating to vocational education in such subjects;
    4. Promote and aid in the establishment by local communities of schools, departments, or classes;
    5. Prescribe qualifications for the teachers, directors, and supervisors of subjects and provide for the certification of the teachers, directors, and supervisors;
    6. Cooperate in the maintenance of classes under its own direction and control; and
    7. Establish and determine by general rules the qualifications to be possessed by persons engaged in the training of vocational teachers.
    1. The Director of the Division of Career and Technical Education, as executive officer of the state board for the purpose of administering the federal act and this act, shall, by and with the advice and consent of the state board, designate assistants as may be necessary to carry out properly the provisions hereof.
    2. The director shall also carry into effect rules as the state board may require.
    3. The records of the director as far as they pertain to the provisions of this act shall be kept in his or her office.

History. Acts 1931, No. 169, §§ 187, 188; Pope's Dig., §§ 11629, 11630; A.S.A. 1947, §§ 80-2514, 80-2515; Acts 1999, No. 1323, § 35; 2005, No. 1962, § 14; 2019, No. 315, §§ 346, 347; 2019, No. 910, § 1860.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in (b)(7); and deleted “and regulations” following “rules” in (c)(2).

The 2019 amendment by No. 910 substituted “Director of the Division of Career and Technical Education” for “Director of the Department of Career Education” in (c)(1).

Meaning of “this act”. See note to § 6-51-212.

U.S. Code. The federal act referred to in this section was repealed by Pub. L. No. 105-33.

6-51-214. Annual report and statement of finances.

The State Board of Career Education shall make a detailed report annually to the Governor setting forth the conditions of vocational-technical education in the State of Arkansas, a list of the schools to which federal and state aid has been provided, and a detailed statement of the expenditures of federal funds and of state funds provided in this act.

History. Acts 1931, No. 169, § 192; Pope's Dig., § 11634; A.S.A. 1947, § 80-2517; Acts 1999, No. 1323, § 36.

Meaning of “this act”. See note to § 6-51-212.

6-51-215. Cooperation of various boards in establishing vocational programs — Use of tax moneys.

  1. The board of directors of any school district or board of trustees of any state school, college, or university may cooperate with the State Board of Career Education in the establishment of vocational schools, departments, or classes giving instruction in vocational-technical subjects, including secondary instruction in agricultural subjects, trades or industrial subjects, or family and consumer science subjects.
  2. Any board of directors or board of trustees may use any moneys raised by public taxation in the same manner as moneys for other school purposes are used for the maintenance and support of public schools or state schools, colleges, and universities.

History. Acts 1931, No. 169, § 189; Pope's Dig., § 11631; A.S.A. 1947, § 80-2516; Acts 1999, No. 1078, § 85; 1999, No. 1323, § 37.

6-51-216. State board authority to acquire and maintain facilities — Bonded indebtedness.

    1. The State Board of Career Education is authorized to purchase, construct, improve, equip, and maintain buildings, structures, parking facilities, dormitory facilities, or other facilities and the lands on which they are located at any state-supported technical institute or vocational-technical school.
    2. In order to obtain funds therefor, the board is authorized to issue revenue bonds secured by a pledge of income from those facilities and a pledge of other fees, rents, charges, tolls, and receipts of the school where the facilities are to be purchased, constructed, improved, equipped, or maintained as shall be determined by the board.
  1. All provisions of §§ 6-62-301 — 6-62-305 and 6-62-307 — 6-62-312 regarding the execution of, the terms and conditions, maximum interest rates, conversion privileges, refunding rights, and other limitations, conditions, privileges, and rights with respect to bonds issued by boards of trustees of institutions of higher learning shall, so far as they are appropriate, be equally applicable to bonds issued by the board under the authority granted in this section.
  2. Any indebtedness incurred by the board pursuant to the authority granted in this section shall be an obligation of the board and of the state-supported vocational-technical schools involved in such transaction, and under no circumstances shall the indebtedness be considered a debt for which the faith and credit of the State of Arkansas or any of its revenues are pledged.

History. Acts 1968 (1st Ex. Sess.), No. 6, §§ 1-3; 1983, No. 484, §§ 1, 2; A.S.A. 1947, §§ 80-3311.1 — 80-3311.3; Acts 1999, No. 1323, § 38.

6-51-217. Change of name to “technical institute”.

  1. The State Board of Career Education shall establish a technical curriculum that must be offered by any vocational-technical school requesting permission to change its name pursuant to this section to “technical institute”. The board shall periodically review and revise, if necessary, this technical curriculum requirement.
  2. Any vocational-technical school which satisfies the curriculum requirements established by the board pursuant to subsection (a) of this section may, in accordance with procedures to be adopted by the board, seek approval from the board to change its name from “ Vocational-Technical School” to “ Technical Institute”. Upon approval by the board of any such application, the school shall be renamed and become a technical institute.

History. Acts 1989, No. 858, § 1.

Subchapter 3 — Multidistrict Vocational Centers

Preambles. Acts 1985, No. 788 contained a preamble which read:

“Whereas, quality vocational and technical education is viewed as necessary to provide a trained work force to enhance the state's economic industrial and employment development and to accommodate the varied skills required by business and industry; and

“Whereas, the need for equal access to equitably financed quality vocational education programs for high school students is mandated in the order issued by the court in the case of Alma School District, et al, v. Arkansas State Board of Education which has been upheld by the Arkansas Supreme Court; and

“Whereas, it is a priority of the state's educational and political leadership to create an articulated, high-quality system of vocational and technical education so that all high school students have substantially equal access to programs in vocational centers located throughout the state to serve students of cooperating school districts;

“Now, therefore….”

Effective Dates. Acts 1985, No. 788, § 5: Apr. 3, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that vocational centers, as provided in the Act, are essential to: (a) provide equity and substantially equal access to quality vocational education programs; (b) provide job training to support economic, industrial, and employment development efforts; and (c) improve school programs and assist schools to meet accreditation standards. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 68, § 4: Feb. 17, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that present law prohibits schools operating vocational centers from carrying forward any unexpended funds at the end of the school year; that such unexpended funds should be made available for the purpose of operating summer programs; that this Act allows the schools to utilize those unexpended funds for the purpose of operating summer programs; and that this Act should go into effect immediately in order to authorize the expenditure of those excess funds for the upcoming summer programs. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 229, § 5: Feb. 25, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that present law prohibits schools operating vocational centers from carrying forward any unexpended funds at the end of the school year except for the purpose of conducting summer programs; that such unexpended funds should be made available for the purpose of operating summer programs and community based education centers; that this Act allows the schools to utilize those unexpended funds for the purpose of operating summer programs and community based education centers; and that this Act should go into effect immediately in order to authorize the expenditure of those excess funds for the upcoming summer programs and operation of community based education centers. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2001, No. 819, § 5: Mar. 19, 2001. Emergency clause provided: “It is found and determined by the General Assembly that that it is necessary for the welfare of the students enrolled in vocational centers to have uninterrupted financial support from the state and that institutional school districts need to carry forward funds from the 2000-2001 fiscal year for the purposes of operating vocational centers. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

6-51-301. Proposed new centers.

  1. Any request for approval of a proposed new center shall be submitted by the superintendent or chief executive officer of the school or institution proposed to function as the center and superintendents from the several schools to be served by a center or the board of an education service cooperative within whose boundaries the center is to be located.
  2. Such a request for a proposed new center must provide the necessary information and assurances according to the guidelines for approval of new centers established by the State Board of Career Education.

History. Acts 1985, No. 788, § 3; A.S.A. 1947, § 80-2593.2; Acts 2001, No. 819, § 1.

6-51-302. Approval of center establishment.

  1. The State Board of Career Education may approve the establishment of vocational centers to serve high school students from several school districts in locations where services are needed to:
    1. Support economic, industrial, and employment development efforts;
    2. Provide equity and substantially equal access to quality vocational programs; and
    3. Improve school programs to assist schools in meeting accreditation standards.
  2. The board shall approve only centers which utilize existing vocational education resources such as facilities, equipment, etc., except in those geographic areas in which comprehensive vocational offerings have not been developed and the state board determines that those resources must be developed to accomplish the above purposes.
  3. If a postsecondary vocational-technical school or two-year college which operates a secondary vocational center merges or consolidates with a public institution of higher education, the secondary vocational center may continue to be administered by the institution of higher education involved in the merger or consolidation.

History. Acts 1985, No. 788, § 1; A.S.A. 1947, § 80-2593; Acts 1999, No. 1323, § 39; 2001, No. 819, § 2.

6-51-303. Administration.

  1. The management, maintenance, and operation of a center shall be the responsibility of the local school or institution approved by the State Board of Career Education to be the center.
  2. A center shall be administered in accordance with the guidelines and policies established by the board.

History. Acts 1985, No. 788, § 3; A.S.A. 1947, § 80-2593.2; Acts 2001, No. 819, § 3.

6-51-304. Center council.

The superintendents of the schools served by the center shall function as the center council to assist with the coordination of scheduling and to advise the center's management board and administration on matters pertaining to the administration of the center.

History. Acts 1985, No. 788, § 3; A.S.A. 1947, § 80-2593.2.

6-51-305. Financing.

    1. Vocational centers shall be financed by distributing vocational center aid from the Public School Fund according to rules promulgated by the Career Education and Workforce Development Board.
    2. Additionally, centers shall be eligible for any new vocational program start-up funds which become available from funds set aside for vocational start-up provided in the fund and for federal vocational education funds.
    1. Any funds expended above the maximum funded amount per student as outlined in this section will be the responsibility of the institution or school approved to operate as a vocational center.
    2. Any funds received by an institution or school district operating a vocational center either from tuition or from state funds unexpended at the end of the school year shall be carried forward for the purpose of conducting summer programs and community-based education centers or supporting vocational center operations in succeeding years.
    1. At each approved vocational center that is a postsecondary vocational-technical school, community college, or two-year college, only those programs that have been approved as designed exclusively for instruction of secondary students will qualify for state aid from the fund.
      1. Vocational centers which may provide instruction to secondary students who have been admitted to ongoing programs designed for postsecondary or collegiate students will not qualify for vocational aid from the fund.
      2. Under these circumstances, however, a vocational center shall be eligible to receive the tuition described above even if a sending school uses its state aid to pay the tuition.

History. Acts 1985, No. 788, § 2; A.S.A. 1947, § 80-2593.1; Acts 1989, No. 68, § 1; 1991, No. 229, § 1; 1999, No. 1318, § 4; 2001, No. 819, § 4; 2019, No. 179, § 3; 2019, No. 315, § 348.

A.C.R.C. Notes. Acts 2019, No. 179, § 1, provided: “Legislative intent.

It is the intent of the General Assembly that:

“(1) Funding for secondary vocational area centers should reflect a number of fast-changing factors, such as regional and statewide workforce priorities, as well as demand on an industry-by-industry basis;

“(2) The definition of ‘full time equivalent students’ and the funding level tied to the number of full time equivalent students be aligned with a regulatory system that allows the Division of Career and Technical Education to monitor and adjust these terms in response to the changing business environment;

“(3) The current funding structure of three thousand two hundred fifty dollars ($3,250) per full time equivalent student be discontinued in favor of establishing a tiered funding structure for distributing vocational center aid determined by the Division of Career and Technical Education and approved by the Career Education and Workforce Development Board; and

“(4) A tiered funding structure for distributing vocational center aid determined by the Division of Career and Technical Education and approved by the Career Education and Workforce Development Board take into account the different funding needs and costs of individual programs of study or the workforce needs of the State of Arkansas”.

Amendments. The 2019 amendment by No. 179, in (a)(1), substituted “by distributing” for “with a combination of training fees from schools sending students and”, and “Career Education and Workforce Development Board” for “State Board of Career Education”.

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (a)(1).

Subchapter 4 — Plumbing Program

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-51-401. Course of instruction generally.

  1. The Career Education and Workforce Development Board is authorized to establish programs of vocational-technical training for the training of plumbers.
  2. A prescribed course of study will be set up by the Division of Career and Technical Education in conjunction with the Plumbing and Natural Gas Section of the Department of Health and the local training committee.
  3. Courses of study shall be as prescribed by national plumbing standards.
  4. Courses of instruction shall be developed in cooperation with, and with the approval of, the section and local training committees.
  5. Courses of instruction shall be designed to enable the student completing the course to qualify for licensure as an apprentice plumber upon taking and passing the examination required by § 17-38-101 et seq.
  6. The courses of instruction as authorized in this subchapter may be offered as a part of the vocational education program of any high school in this state and may be offered in any area high school, community college, or technical institute or vocational-technical school of this state.
  7. The course of instruction shall be in compliance with the appropriate rules and shall provide the level of instruction provided by rules of the board in cooperation with local plumbing training committees.

History. Acts 1975, No. 394, §§ 1, 3; A.S.A. 1947, §§ 80-2587, 80-2589; Acts 1999, No. 1323, § 40; 2019, No. 315, § 349; 2019, No. 910, § 1861.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “appropriate rules” in (g).

The 2019 amendment by No. 910 substituted “Division of Career and Technical Education” for “Department of Career Education” in (b).

6-51-402. Instructors.

  1. The course of instruction and training as authorized in this subchapter for the training of plumbers shall provide that the instructor in the courses shall be approved by the training committee and the State Board of Career Education as a qualified instructor.
  2. Training programs may be taught by a master or journeyman plumber.

History. Acts 1975, No. 394, §§ 2, 3; A.S.A. 1947, §§ 80-2588, 80-2589.

6-51-403. Apprentices.

  1. The course of instruction may include, by appropriate rule, authorization for credit with respect to summer employment by a licensed master plumber in this state who supervises the work of the student.
  2. Each person enrolled in an approved course of instruction for training plumbers shall be entitled to apply to the Plumbing and Natural Gas Section of the Department of Health for an apprentice plumber temporary card which will enable the person to engage in apprentice plumbing work under the employment of a licensed master plumber who supervises the work of the person.
  3. Students employed by a master plumber on a temporary basis shall be limited to two (2).

History. Acts 1975, No. 394, § 2; A.S.A. 1947, § 80-2588.

6-51-404. Licensing.

The program of instruction as authorized in this subchapter shall provide that upon satisfactory completion of the course of instruction, the Plumbing and Natural Gas Section of the Department of Health shall grant to the person completing such course of instruction, upon passing the necessary examinations required, an appropriate license, dependent upon the course of instruction completed by the person and the results of the test taken.

History. Acts 1975, No. 394, § 2; A.S.A. 1947, § 80-2588.

Subchapter 5 — Housing Construction Program

6-51-501 — 6-51-510. [Repealed.]

A.C.R.C. Notes. The repeal of this subchapter by Acts 2019, No. 335, § 1, superseded the amendment of § 6-51-501 by Acts 2019, No. 910, § 1862. The amendment by Acts 2019, No. 910 substituted “Division of Career and Technical Education” for “Department of Career Education” in (c)(1).

The repeal of this subchapter by Acts 2019, No. 335, § 1, superseded the amendment of § 6-51-502 by Acts 2019, No. 910, § 1863. The amendment by Acts 2019, No. 910 substituted “Division of Career and Technical Education” for “Department of Career Education” in (b).

The repeal of this subchapter by Acts 2019, No. 335, § 1, superseded the amendment of § 6-51-503 by Acts 2019, No. 910, § 1864. The amendment by Acts 2019, No. 910 substituted “Division of Career and Technical Education” for “Department of Career Education”.

The repeal of this subchapter by Acts 2019, No. 335, § 1, superseded the amendment of § 6-51-504 by Acts 2019, No. 910, § 1865. The amendment by Acts 2019, No. 910 substituted “Division of Career and Technical Education” for “Department of Career Education” in (a).

The repeal of this subchapter by Acts 2019, No. 335, § 1, superseded the amendment of § 6-51-505 by Acts 2019, No. 315, § 350. The amendment by Acts 2019, No. 315 deleted “and regulations” following “law” in the section heading; and substituted “rules” for “regulations” in (1) and (2).

The repeal of this subchapter by Acts 2019, No. 335, § 1, superseded the amendment of § 6-51-508 by Acts 2019, No. 910, § 1866. The amendment by Acts 2019, No. 910 substituted “Division of Career and Technical Education” for “Department of Career Education” in (a); and substituted “division” for “department” in (b)(1)(A) and (b)(1)(B).

The repeal of this subchapter by Acts 2019, No. 335, § 1, superseded the amendment of § 6-51-509 by Acts 2019, No. 910, § 1867. The amendment by Acts 2019, No. 910 substituted “Division of Career and Technical Education” for “Department of Career Education”.

The repeal of this subchapter by Acts 2019, No. 335, § 1, superseded the amendment of § 6-51-510 by Acts 2019, No. 910, § 1868. The amendment by Acts 2019, No. 910 substituted “Division of Career and Technical Education” for “Department of Career Education”.

Publisher's Notes. This subchapter, concerning the housing construction program, was repealed by Acts 2019, No. 335, § 1, effective July 24, 2019. The subchapter was derived from the following sources:

6-51-501. Acts 1977, No. 678, § 1; A.S.A. 1947, § 80-2590; Acts 1997, No. 233, § 1; 2007, No. 541, § 1; 2019, No. 910, § 1862.

6-51-502. Acts 1977, No. 678, § 2; A.S.A. 1947, § 80-2590.1; Acts 1997, No. 233, § 2; 2007, No. 541, § 2; 2019, No. 910, § 1863.

6-51-503. Acts 1977, No. 678, § 3; A.S.A. 1947, § 80-2590.2; Acts 1997, No. 233, § 3; 2007, No. 541, § 3; 2019, No. 910, § 1864.

6-51-504. Acts 1977, No. 678, § 4; A.S.A. 1947, § 80-2590.3; Acts 1997, No. 233, § 4; 2007, No. 541, § 4; 2019, No. 910, § 1865.

6-51-505. Acts 1977, No. 678, § 5; A.S.A. 1947, § 80-2590.4; Acts 1997, No. 233, § 5; 2007, No. 541, § 5; 2019, No. 315, § 350.

6-51-506. Acts 1977, No. 678, § 6; A.S.A. 1947, § 80-2590.5; Acts 1997, No. 233, § 6; 2007, No. 541, § 6.

6-51-507. Acts 1977, No. 678, § 7; A.S.A. 1947, § 80-2590.6; Acts 1997, No. 233, § 7; 2007, No. 541, § 7.

6-51-508. Acts 1977, No. 678, § 8; A.S.A. 1947, § 80-2590.7; Acts 1997, No. 233, § 8; 2007, No. 541, § 8; 2019, No. 910, § 1866.

6-51-509. Acts 1977, No. 678, § 9; A.S.A. 1947, § 80-2590.8; Acts 1997, No. 233, § 9; 2019, No. 910, § 1867.

6-51-510. Acts 1977, No. 678, § 11; A.S.A. 1947, § 80-2590.10; Acts 2019, No. 910, § 1868.

Subchapter 6 — Private Resident and Correspondence Schools

Publisher's Notes. Acts 1989, No. 906, § 3, provided that:

“Nothing in this act shall be construed to effect the responsibilities of the State Board of Higher Education as defined in § 6-61-301.”

Cross References. Correspondence courses, § 6-11-119.

Licenses and permits, removal of disqualification for criminal offenses, § 17-1-103.

Effective Dates. Acts 1983, No. 770, § 16: June 30, 1983. Emergency clause provided: “It is hereby found and determined by the Seventy-Fourth General Assembly that minimum standards must be provided for the operation of all private vocational schools and related schools offering courses to residents of the State of Arkansas; that the General Assembly is aware of the fact that the unemployment situation will increase the need for training by the private sector; that there will continue to be a need to provide adequate protection and safeguards for reputable school operators and the public; that such provision should be enacted immediately; and that this Act would so provide. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect on June 30, 1983.”

Acts 1989, No. 906, §§ 2, 6: Sept. 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly that minimum standards must be provided for the operation of all private career schools and related schools offering courses to residents of the State of Arkansas; that there will continue to be a need to provide adequate protection and safeguards for reputable private career school operators and the public; that such provision should be enacted immediately; and that this Act would so provide. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from its passage and approval. Approved Mar. 23, 1989.”

Acts 1995, No. 367, § 5: Feb. 20, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that when institutions subject to the authority of the Private Career Education Board become insolvent or otherwise cease to operate, the Private Career Education Board incurs considerable expense in acquiring, storing and preserving student records for the purpose of paying claims filed by students as authorized by law; that this act is designed to provide a method to reimburse the Private Career Education Fund for such expenses and should be given effect immediately in the event any such Private Career Education facilities fail in the near future. Therefore an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 1213, § 6: Apr. 11, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that minimum standards must be provided for the operation of all schools offering programs of study to residents of the State of Arkansas; that there will continue to be a need to provide adequate protection and safeguards for reputable private career school operators and the public; that such provision should be enacted immediately; and that this act would so provide. Therefore an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2017, No. 565, § 29: Mar. 22, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act will create more efficient regulation of private career education; and that this act is immediately necessary to provide Arkansas citizens seeking private career education the consumer protection services they need. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-51-601. Legislative intent.

  1. The General Assembly is aware of the fact that:
    1. Many private career schools offering resident or correspondence programs in the State of Arkansas have contributed extensively to the well-being of the individuals and the business and industrial establishments which have benefited from that training; and
    2. There is a need for protection of the consumer and the ethical private career school operator.
  2. The General Assembly determines that the establishment of reasonable standards and licensing requirements for resident or correspondence schools, their program offerings, and their instructors and admissions representatives in the manner provided in this subchapter is essential in the public interest and in furtherance of the purposes stated above.

History. Acts 1983, No. 770, § 1; A.S.A. 1947, § 80-4301; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1.

6-51-602. Definitions.

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

  1. “Admissions representative” means a person who executes an enrollment agreement and who receives compensation for the primary duties of encouraging prospective students to enroll for training in a program of study offered by a school covered under the provisions of this subchapter;
  2. “Board” means the State Board of Private Career Education;
  3. “Combination school” means any school in which programs of study are conducted by both distance education and resident training;
  4. “Director” means the authorized representative of the State Board of Private Career Education for the purpose of administering the provisions of this subchapter;
  5. “Distance education school” means any school in which all programs of study are conducted by distance education;
  6. “Extension course site” means a location away from the school where a course or courses are conducted one (1) or more times during the licensure period;
  7. “Private Career Education Arbitration Panel” means the three-person panel established for the purpose of arbitrating student and school grievances;
  8. “Program of study” means an organized unit of courses or an individual course in which instruction is offered;
  9. “Resident school” means any school in which all programs of study are conducted in resident classrooms or held in public meeting facilities;
  10. “Satellite school” means a location within the State of Arkansas away from the school where programs of study are offered on a regular continuing basis by Arkansas schools;
    1. “School” means any person, firm, partnership, association, corporation, or other form of business organization seeking to do business or offering in the State of Arkansas resident or correspondence training that leads to or enhances occupational qualifications, whether or not the institution is subject to the jurisdiction of the Arkansas Higher Education Coordinating Board under § 6-61-301.
    2. “School” also means any firm, partnership, association, corporation, or other form of business organization that offers instruction in airframe or power plant mechanics.
    3. “School” also means any firm, partnership, association, corporation, or other form of business organization which offers training as preparation for passing exams which may lead to employment.
    4. “School” also means any firm, partnership, association, corporation, or other form of business organization which offers driver education training excluding those courses taught motor vehicle violators pursuant to court order.
    5. “School” does not mean a program of instruction in yoga or in yoga-teacher training; and
  11. “Student”, “enrollee”, “trainee”, or “pupil” means a person seeking to enroll, or who has been enrolled, or who is sought for enrollment, or is seeking training or instruction, in a school as defined in this subchapter.

History. Acts 1983, No. 770, § 2; A.S.A. 1947, § 80-4302; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1; 2003, No. 1781, §§ 1, 2; 2009, No. 1478, § 1; 2015, No. 45, § 1.

Amendments. The 2009 amendment substituted “airframe or power plant” for “flight or ground school to student fliers or” in (11)(B), and made a minor stylistic change.

The 2015 amendment added (11)(E).

6-51-603. Exemptions.

The following are exempt from licensure under this subchapter:

  1. Private institutions exclusively offering instruction at any or all levels from preschool through twelfth grade;
  2. Schools established by laws of Arkansas, governed by Arkansas boards, and permitted to operate for the sole purpose of providing specific training normally required to qualify persons for occupational licensure by state boards or commissions, which determine education and other standards for licensure and operation of such schools;
  3. State colleges and universities coordinated by the Arkansas Higher Education Coordinating Board;
  4. Programs of study offered by institutions or individuals for personal improvement, whether avocational or recreational, if designated through media or other sources as not for the purpose of enhancing an occupational objective;
  5. Schools operated solely to provide programs of study in theology, divinity, religious education, and ministerial training;
  6. A training program offered or sponsored by an employer for training and preparation of its own employees and for which no tuition fee is charged the employee;
  7. A program of study sponsored by a recognized trade, business, or professional organization for instruction of the members of the organization with a closed membership and for which no fee is charged the member;
  8. A school or educational institution supported by state or local government taxation;
  9. Flight instructors and flight instruction schools licensed under appropriate Federal Aviation Administration regulations and offering only training for a private pilot's license;
  10. Schools covered by § 6-61-301(a)(3) and exempt from § 6-61-101 et seq.;
  11. Training offered by other Arkansas state agencies, boards, or commissions;
    1. Training offered on military bases where a majority of the students enrolled are active duty personnel or their adult family members, United States Department of Defense civilian employees or their adult family members, members of the United States Armed Forces reserve components, and retirees.
    2. These organizations shall remain exempt from the requirement for licensure if required to move off the military installation for a period of not more than ninety (90) days because of a change in security level which would not allow civilian students on the installation.
    3. The board shall have the authority to review any situations that extend past the ninety-day period and determine whether the exemption status should remain for the school;
  12. Certified nurse aide or certified nursing assistant training programs:
    1. Whose underlying majority ownership has ownership of five (5) or more nursing facilities licensed by the Office of Long-Term Care; and
    2. That are under the regulatory oversight of the office; and
  13. Schools located outside the state that:
    1. Offer education or training outside the state; and
    2. Do not participate in distance education.

History. Acts 1983, No. 770, §§ 1, 2; A.S.A. 1947, §§ 80-4301, 80-4302; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1; 2003, No. 1781, § 3; 2009, No. 1478, § 2; 2017, No. 755, § 1; 2019, No. 755, § 1.

Amendments. The 2009 amendment inserted “and flight instruction schools” in (9).

The 2017 amendment added (13).

The 2019 amendment added (14).

Case Notes

Cited: Burrow v. State, 282 Ark. 479, 669 S.W.2d 441 (1984).

6-51-604. Notice of possible violations — Responses — Injunctions.

  1. In consultation with the State Board of Private Career Education or its director acting for the board, if the Division of Higher Education has probable cause to believe that a person, agent, group, or entity has committed any acts that would be in violation of this subchapter such as fraud, misrepresentation, or unethical practices, the division shall first give notice in writing by certified mail or in person to the agency or entity affected.
  2. The person, agent, or entity will have ten (10) days in which to respond to the notice of violation, unless the division deems an emergency exists, in which case the entity will have up to twenty-four (24) hours in which to respond.
    1. If action on the part of the person, agent, or entity in response to a notice is to seek to eliminate the violation, a further extension of time may be granted by the division.
    2. Otherwise, the division may order a cease and desist of such acts after a formal hearing, or the division shall have the duty to request the Attorney General or district prosecuting attorney in the county where the offense was committed to seek in a court of competent jurisdiction an injunction restraining the commission of such acts.

History. Acts 1983, No. 770, § 13; A.S.A. 1947, § 80-4313; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1; 2017, No. 565, § 4; 2019, No. 910, § 1869.

Amendments. The 2017 amendment, in (a), substituted “In consultation with” for “Whenever”, inserted “its”, inserted “if the Department of Higher Education”, and substituted “department” for “board or director acting for the board”; substituted “department” for “board or the director acting for the board” in (b); substituted “department” for “director acting for the board” in (c)(1); and, in (c)(2), substituted “department” for “board” and “board or the director”.

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a); and substituted “division” for “department” throughout the section.

6-51-605. State Board of Private Career Education.

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

History. Acts 1983, No. 770, § 3; A.S.A. 1947, § 80-4303; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1; 1997, No. 250, § 24; 2003, No. 1781, §§ 4-6; 2017, No. 565, § 5; 2019, No. 755, § 2; 2019, No. 910, § 1870.

A.C.R.C. Notes. Acts 2017, No. 565, § 1, provided: “Transfer of the State Board of Private Career Education to the Department of Higher Education.

“(a)(1) The State Board of Private Career Education is transferred to the Department of Higher Education by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Higher Education shall be considered a principal department established by Acts 1971, No. 38.

“(b) All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, and other funds, including the functions of budgeting or purchasing of the State Board of Private Career Education are transferred to the Department of Higher Education, except as specified by this act.

“(c) All powers, duties, and functions, including rulemaking, regulation, and licensing, promulgation of rules, rates, and standards, and the rendering of findings, orders, and adjudications of the State Board of Private Career Education are transferred to the Director of the Department of Higher Education.

“(d) The employee and designees of the State Board of Private Career Education shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the State Plant Board except as specified in this act.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 2017 amendment substituted “Department of Higher Education” for “board” throughout the section; substituted “board” for “State Board of Private Career Education” in (a)(2); rewrote (b); substituted “Department of Higher Education” for “board, acting by and through the director” in the introductory language of (d) and in (e); substituted “under this subchapter” for “thereunder” in (e); substituted “In consultation with the board, the Department of Higher Education shall promulgate standards and rules” for “The board shall promulgate standards, rules, and regulations” in (f); inserted “to” in (g); substituted “recommendations” for “acts” in the introductory language of (k); deleted the former (l)(1) designation and (l)(2); substituted “under” for “pursuant to” in the introductory language of (p)(1); and substituted “In consultation with the board, the Department of Higher Education shall adopt the necessary rules” for “The board shall adopt the necessary rules and regulations” in (s).

The 2019 by No. 755 amendment repealed (l).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” throughout the section; substituted “Director of the Division of Career and Technical Education” for “Director of the Department of Career Education” in (a)(2); and substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” throughout (n) and (p).

Case Notes

Accreditation of Schools.

Real Estate Commission could not regulate business schools training brokers since State Board of Education had sole authority to approve all schools offering courses below college level leading to an occupational objective. Gelly v. West, 253 Ark. 373, 486 S.W.2d 31 (1972) (decision under prior law).

6-51-606. School license generally.

  1. No persons shall operate, conduct, maintain, or offer to operate in this state a school as defined in this subchapter, or solicit the enrollment of students residing in the state, unless a license is first secured from the Division of Higher Education issued in accordance with the provisions of this subchapter and the rules promulgated by the division in consultation with the State Board of Private Career Education.
    1. Application for a license shall be filed in the manner and upon the forms prescribed and furnished by the division for that purpose.
    2. The application shall be signed by the applicant and properly verified and shall contain such information as may apply to the type and kind of school, satellite school, or extension course site for which a license is sought.
    1. A license issued shall be restricted to the programs of study specifically indicated in the application for a license.
    2. The holder of a license shall present a supplementary application for approval of additional programs of study.
  2. The license shall remain the property of the State of Arkansas and shall be returned to the division upon cause.
    1. If the division, after evaluating the school as to kind and type, is unable to make a determination regarding initial approval of a licensure application within sixty (60) days of receipt of the application and required documentation, it shall issue a temporary license valid for a period of not more than six (6) months, pending an investigation.
    2. If the investigation of the school under subdivision (e)(1) of this section does not reveal anything that justifies revoking or denying reissue of the temporary license, a license will be issued that will continue in force until the time of such expiration as a regular license.
  3. After a license is issued to any school by the division on the basis of its application, it shall be the responsibility of the school to notify immediately the division of any changes in the ownership, administration, location, faculty, or programs of study on the forms and in the manner prescribed by the division.
  4. In the event of the sale of such school, the license granted to the original owner or operators shall not be transferable to the new ownership or operators, but application for a new license must be made and approved before the new ownership's taking over operation of the school.
  5. The division shall have the power to deny issuing a new or renewal license, to revoke an existing license, or to place a licensee on probation, if in its discretion it determines that:
    1. The licensee has violated any of the provisions of this subchapter or any of the rules of the division;
    2. The applicant or licensee has knowingly presented to the division incomplete or misleading information relating to licensure;
    3. The applicant or licensee has pleaded guilty, entered a plea of nolo contendere, or has been found guilty in a criminal proceeding, regardless of whether or not the adjudication of guilt or sentence is withheld, deferred, or suspended by a court of this state, another state, or the United States Government, of:
      1. Any felony; or
      2. Any act involving moral turpitude, gross immorality, or which is related to the qualifications, functions, and duties of a licensee;
    4. The applicant or licensee has intentionally failed or refused to permit the division or its representatives to inspect the school or classes or has intentionally failed or refused to make available to the division, at any time when requested to do so, full information pertaining to any or all items of information contained in an application for license or pertaining to the operation of the school;
    5. The applicant has failed or refused to submit to the division an application for license or renewal in the manner and on the forms prescribed;
    6. A licensed admissions representative has failed or refused to display or produce his or her license when requested to do so by prospective students or designated officials of the division;
    7. The applicant or licensee has failed to provide or maintain premises, equipment, materials, supplies, or conditions in accordance with minimum standards as established by rules;
    8. The licensee has been found by the division or a court of law to have perpetrated fraud or deceit in advertising of the school or programs of study or in presenting to prospective students information relating to the school, programs of study, employment opportunities, or opportunities for enrollment in institutions of higher education;
    9. The licensee has in its employ admissions representatives who have not been licensed but are actively engaged in the practice of attempting to enroll students;
    10. The licensee has failed to provide and maintain standards of instruction or qualified administrative, supervisory, or instructional staff as established by rules;
    11. The applicant or licensee is unable to provide and maintain financial resources in sufficient amount to equip and maintain the school or classes;
    12. The licensee has moved the school into new premises or facilities without first notifying the division;
    13. The licensee has offered training or instruction in programs of study which have not been approved and authorized in accordance with rules;
    14. A licensed admissions representative has solicited prospective students to enroll in a school which has not been licensed by the division or which is not listed on his or her license;
    15. There was a change in the ownership of the school without proper notification to and approval from the division;
    16. The licensee has failed to notify the division or to provide written documentation as to the cause that the license of a school has been suspended or revoked or the school has been placed on probation or a show cause issued in another state or by another regulatory agency;
    17. The licensee has failed to notify the division of legal actions initiated by or against the school; or
    18. The licensee fails to make tuition refunds to the students or their lenders in compliance with current rules.
  6. The division shall have the power to revoke a license if in its discretion it determines that:
    1. The licensee has failed to cure a deficiency leading to a license probation within the time as may be reasonably prescribed by the division;
    2. The licensee while on probation has been found by the division to have incurred an additional infraction of this subchapter; or
    3. The licensee has closed a school without first having completed the training of all students currently enrolled or having made tuition refunds to students or their lenders.
  7. The division may impose sanctions under § 25-15-217.
    1. Unless directed to do so by court order, the division shall not, for a period of five (5) years following revocation, reinstate the license of a school or allow an owner of any such school to seek licensure of another school.
    2. Upon expiration of licensure status, the school must apply for an original license in accordance with the provisions of this subchapter.
    1. Upon closure of a school located in Arkansas and licensed under any provision of this subchapter, whether for license revocation or any other cause, all student financial aid records for the previous three (3) years and all student transcripts regardless of age must be delivered to the division.
    2. Delivered records shall be arranged in alphabetical order and stored in boxes or in data format at the discretion of the division.
    3. The division shall be responsible for the proper security, storage, and maintenance of all such records.

History. Acts 1983, No. 770, § 5; A.S.A. 1947, § 80-4305; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1; 2003, No. 1781, §§ 7, 8; 2017, No. 565, § 6; 2019, No. 910, §§ 1871-1876.

Amendments. The 2017 amendment substituted “department” for “board” and “director” throughout the section; in (a), substituted “Department of Higher Education” for “State Board of Private Career Education”, deleted “and regulations” following “rules”, and substituted “department in consultation with the State Board of Private Career Education” for “board”; substituted “A” for “Any” in (c)(1); redesignated former (e) as (e)(1) and (2); substituted “department” for “board, acting by and through the director” in (e)(1); inserted “under subdivision (e)(1) of this section” in (e)(2); substituted “before” for “prior to” in (g); deleted “and regulations” following “rules” in (h)(1), (7), (10), and (13); substituted “rules” for “regulations” in (h)(18); and substituted “under” for “pursuant to” in (j).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a); and substituted “division” for “department” throughout the section.

6-51-607. Private Career School Student Protection Trust Fund.

    1. Each school licensed under this subchapter shall pay annually a fee to be set by the Division of Higher Education in consultation with the State Board of Private Career Education.
    2. The fee shall be set at the amount the division deems necessary to establish a fund and to maintain the fund as necessary.
    3. For a renewing school, the fee shall be based on the enrollment of Arkansas residents in the preceding twelve (12) months of July 1 through June 30.
      1. For an original license, the fee shall be a percentage as determined by the division of the sum of the tuitions for each program offered.
      2. Additionally, during the first twelve (12) months of licensure, the same percentage shall be paid to the fund on additional new programs of study.
  1. The fee will be deposited into a trust fund in the State Treasury to be called the “Private Career School Student Protection Trust Fund”.
    1. Regardless of the balance in the fund, a fee, as set by the division, will be assessed newly licensed schools.
    2. Newly licensed schools shall pay for a number of years equal to the number of years paid by schools licensed on September 1, 1989.
    1. The assets of the fund may be invested and reinvested as the division may determine.
    2. Any interest income or dividends from the investment of the fund shall be credited to the fund.
  2. The division may use any amounts in the fund, including accumulated interest, to:
    1. Pay claims filed by students not to exceed a total of one hundred thousand dollars ($100,000) for all students of the school when a school becomes insolvent or ceases to operate without offering a complete program of study;
    2. Pay expenses incurred by a school not to exceed a total of one hundred thousand dollars ($100,000) that are directly related to educating a student placed in the school under this subchapter, including the applicable tuition for the period of time for which the student has paid tuition;
    3. Pay expenses directly associated with the storage and maintenance of academic and financial aid records of those students adversely affected by school closings; and
      1. Pay administrative costs due to school closings, including without limitation:
        1. Travel expenses; and
        2. The employment of temporary personnel to assist with transport and organization of student records.
      2. Provided further, that reimbursement for the expenses incurred in subdivision (e)(4)(A) of this section shall not exceed five thousand dollars ($5,000) per school closing.
  3. Any amounts in the fund above two hundred thousand dollars ($200,000) may be used with the approval of the Director of the Division of Higher Education to:
    1. Fund educational seminars and other forms of educational projects for the use and benefit of licensed school administrators, faculty, staff, or admissions representatives;
    2. Provide for travel expenses and registration fees to send staff or board members to accrediting meetings, seminars, or meetings relating to the school sector;
    3. Provide staff assistance; or
      1. Fund student scholarships as provided for by the Higher Education Grants Fund Account.
      2. Priority of funding scholarships under subdivision (f)(4)(A) of this section shall be given to the funding of veterinary medicine student loans at the College of Veterinary Medicine of Mississippi State University.
    1. If a school closes, the division shall attempt to place each student of the school in another school.
    2. If the student cannot be placed in another school, the student's tuition for which education has not been received may be refunded on a prorated basis in the manner prescribed by the division.
    3. If another school assumes responsibility for the closed school's students with no significant changes in the quality of training, a student is not entitled to a refund under this section.
    4. Attorney’s fees, court costs, or damages may not be paid from the fund.

History. Acts 1989, No. 906, § 1; 1995, No. 367, § 1; 1995, No. 1213, § 1; 2003, No. 1781, §§ 9, 10; 2009, No. 1478, § 3; 2017, No. 565, § 7; 2019, No. 755, §§ 3, 4; 2019, No. 910, §§ 1877-1882.

Publisher's Notes. Former § 6-51-607 was renumbered as § 6-51-606 by Acts 1989, No. 906.

Amendments. The 2009 amendment, in (e), substituted “Pay” for “Reimburse the Private Career Education Fund for” in (e)(3) and (e)(4)(A), and made a minor stylistic change.

The 2017 amendment substituted “department” for “board” and “director” throughout the section; inserted “Department of Higher Education in consultation with the” in (a)(1); substituted “the amount the” for “such amount as the” in (a)(2); substituted “The department” for “With the approval of the board, the Director of the State Board of Private Career Education” in the introductory language of (e); and substituted “Director of the Department of Higher Education” for “board” in the introductory language of (f).

The 2019 amendment by No. 755 deleted former (c)(1) and redesignated (c)(2)(A) as (c)(1) and (c)(2)(B) as (c)(2); substituted “Regardless” for “However, regardless” in (c)(1); substituted “two hundred thousand dollars ($200,000)” for “the required five hundred thousand dollars ($500,000)” in the introductory language of (f); and added (f)(4).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (a)(1); substituted “division” for “department” throughout the section; substituted “fund” for “Private Career School Student Protection Trust Fund” following “maintain the” in (a)(2), and in (c)(2)(A) [now (c)(1)], (d)(1), (e), and (f); and substituted “Director of the Division of Higher Education” for “Director of the Department of Higher Education” in (f).

Cross References. Private Career Education Fund, § 19-6-462.

6-51-608. Extension course sites and satellite schools — Additional school license.

    1. Any school licensed under this subchapter shall make application to the Division of Higher Education to offer a course or courses at an extension course site or satellite school.
    2. The school shall submit a separate additional license fee with the licensure application for each extension course site or satellite school.
    3. The courses, facilities, faculty, and all other operations of the extension course site or satellite school must meet minimum standards as established by rules.
  1. The school will be assessed a fee as set by the division to be deposited into the Private Career School Student Protection Trust Fund.

History. Acts 1983, No. 770, § 5; A.S.A. 1947, § 80-4305; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1; 2017, No. 565, § 8; 2019, No. 910, §§ 1883, 1884.

Amendments. The 2017 amendment substituted “Department of Higher Education” for “State Board of Private Career Education” in (a)(1); deleted “and regulations” following “rules” at the end of (a)(3); and substituted “department” for “board” in (b).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a)(1); and substituted “division” for “department” in (b).

6-51-609. Admissions representative’s license — Generally.

    1. An admissions representative that solicits or sells a program of study for consideration or remuneration shall first obtain a license from the Division of Higher Education to solicit or sell the program of study.
    2. However, subdivision (a)(1) of this section shall not apply to an out-of-state school that provides educational training outside the state.
    1. The license shall be on a form of such size as to be displayed for examination by each prospective student contacted by the admissions representative for enrollment or recruitment purposes.
    2. The license shall bear a recent photograph of the admissions representative, the admissions representative's name, the name and address of the licensed school to be represented, and the valid period of the admissions representative's license which will indicate the expiration date.
    1. An admissions representative's license shall be automatically cancelled when the license of the school represented by the admissions representative is suspended or revoked for any reason, or the school closes.
      1. The license shall be endorsed by the Director of the Division of Higher Education.
      2. The license shall remain the property of the State of Arkansas and shall be returned to the Division of Higher Education upon cause.
  1. An applicant for an admissions representative's license must:
    1. Be at least eighteen (18) years of age;
    2. Be a high school graduate or hold a graduate equivalent degree;
    3. Not have been convicted in any jurisdiction of a felony, theft of property, or a crime involving an act of violence for which a pardon has not been granted;
    4. Be a citizen of the United States;
    5. Not have been discharged from the United States Armed Forces under other than honorable conditions; and
    6. Be in compliance with any other reasonable qualifications that the Division of Higher Education may fix by rule.
    1. An applicant for an admissions representative's license shall apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check to be conducted by the Federal Bureau of Investigation.
    2. The check shall conform to the applicable federal standards and shall include the taking of fingerprints.
    3. The applicant shall sign a release of information to the Division of Higher Education and shall be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal background check.
    4. Upon completion of the criminal background check, the Identification Bureau shall forward all information obtained concerning the person in the commission of any felony, Class A misdemeanor, or a crime involving an act of violence for which a pardon has not been granted.
      1. The Division of Higher Education may issue a nonrenewable temporary license pending the results of the criminal background check.
      2. The temporary license shall be valid for no more than six (6) months.
    1. Upon receipt of information from the Identification Bureau that the person holding the temporary license has been convicted of a felony, Class A misdemeanor, or a crime involving an act of violence for which a pardon has not been granted, the Division of Higher Education shall immediately revoke the temporary license.
    1. The provisions of subdivision (d)(3) of this section may be waived by the Division of Higher Education upon the request of:
      1. An affected applicant for licensure; or
      2. The person holding a license subject to revocation.
    2. Circumstances for which a waiver may be granted shall include, but not be limited to, the following:
      1. The age at which the crime was committed;
      2. The circumstances surrounding the crime;
      3. The length of time since the crime;
      4. Subsequent work history;
      5. Employment references;
      6. Character references; and
      7. Other evidence demonstrating that the applicant does not pose a threat.
    1. Any information received by the Division of Higher Education from the Identification Bureau under this section shall not be available for examination except by:
      1. The affected applicant for licensure or his or her authorized representative; or
      2. The person whose license is subject to revocation or his or her authorized representative.
    2. A record, file, or document shall not be removed from the custody of the Division of Arkansas State Police.
  2. Any information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that person only.
  3. Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than the background check required by this section.
  4. In consultation with the State Board of Private Career Education, the Division of Higher Education shall adopt the necessary rules to fully implement the provisions of this section.

History. Acts 1983, No. 770, § 6; A.S.A. 1947, § 80-4306; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1; 2003, No. 1781, §§ 11-13; 2009, No. 1478, § 4; 2017, No. 565, § 9; 2019, No. 755, § 5; 2019, No. 910, §§ 1885-1895.

Publisher's Notes. Former § 6-51-609 was renumbered as § 6-51-608 by Acts 1989, No. 906.

Amendments. The 2009 amendment substituted “theft of property” for “Class A misdemeanor” in (d)(3).

The 2017 amendment substituted “Department of Higher Education” for “director” and “board” throughout the section; deleted former (a)(1) designation and (a)(2); in (a), substituted “A” for “No”, inserted “not”, and substituted “Department of Higher Education” for “Director of the State Board of Private Career Education”; redesignated former (c)(2) as (c)(2)(A) and (B); substituted “Director of the Department of Higher Education” for “chair of the board” in (c)(2)(A); substituted “United States Armed Forces” for “armed services of the United States” in (d)(5); substituted “under” for “pursuant to” in the introductory language of (h)(1); in (h)(2), substituted “A” for “No” and inserted “not”; and, in (k), substituted “In consultation with the State Board of Private Career Education, the Department of Higher Education” for “The board” and deleted “and regulations” following “rules”.

The 2019 amendment by No. 755 rewrote (a) and redesignated it as (a)(1); and added (a)(2).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” throughout the section; and substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” throughout (e) and (h).

6-51-610. Fees.

  1. In consultation with the State Board of Private Career Education, the Division of Higher Education shall set fees for schools and admissions representatives.
  2. The fees collected under this subchapter, except fees collected for the Private Career School Student Protection Trust Fund, shall be deposited into the State Treasury as special revenues credited to the Private Career Education Fund.
  3. A license fee shall not be refunded in the event of a school or an admissions representative's license suspension, revocation, denial, or request for withdrawal of an application by a school.

History. Acts 1983, No. 770, § 7; A.S.A. 1947, § 80-4307; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1; 2017, No. 565, § 10; 2019, No. 910, § 1896.

Publisher's Notes. Former § 6-51-610 was renumbered as § 6-51-609 by Acts 1989, No. 906.

Amendments. The 2017 amendment, in (a), added “In consultation with” and inserted “the Department of Higher Education”; and, in (c), substituted “A” for “No” and inserted “not”.

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a).

Cross References. Private Career Education Fund, § 19-6-462.

6-51-611. License renewal.

  1. Licenses shall be renewable annually.
  2. The licensing period shall be determined by the Division of Higher Education.
    1. Application for renewal of a school license is to be provided in the form and manner prescribed by the division.
    2. The school and its programs of study, facilities, faculty, and all other operations must meet the minimum standards as established by rules.
  3. An application for renewal of an admissions representative's license shall be made on the forms and in the manner prescribed by the division.

History. Acts 1983, No. 770, § 7; A.S.A. 1947, § 80-4307; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1; 2017, No. 565, § 11; 2019, No. 910, §§ 1897-1899.

Publisher's Notes. Former § 6-51-611 was renumbered as § 6-51-610 by Acts 1989, No. 906.

Amendments. The 2017 amendment substituted “Department of Higher Education” for “State Board of Private Career Education” in (b); substituted “department” for “board” in (c)(1) and (d); and deleted “and regulations” following “rules” at the end of (c)(2).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (b); and substituted “division” for “department” in (c)(1) and (d).

6-51-612. Penalty for operating school without license.

  1. Any person, admissions representative, each member of any association of persons, or each officer of any corporation who opens and conducts a school, satellite school, or extension course site, as defined in this subchapter, or an out-of-state school which offers to sell a program of study in Arkansas, without first having obtained a license required in this subchapter, shall be guilty of a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or thirty (30) days' imprisonment, or both, at the discretion of the court.
  2. Each day said school continues to be open and operate shall constitute a separate offense.

History. Acts 1983, No. 770, § 9; A.S.A. 1947, § 80-4309; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1.

Publisher's Notes. Former § 6-51-612 was renumbered as § 6-51-611 by Acts 1989, No. 906.

Case Notes

In General.

The Director of the State Board of Private Career Education knew or at the very least should have known that certain material statements in her affidavit for plaintiff's arrest for violating this section were false; therefore, in her individual capacity she did not enjoy immunity from plaintiff's suit or liability thereon under 42 U.S.C. § 1983. Burk v. Beene, 948 F.2d 489 (8th Cir. 1991).

6-51-613. Contracts and promissory notes of unlicensed schools void — Recovery of tuition.

  1. All contracts entered into with students or prospective students by schools, satellite schools, extension course sites, or admissions representatives as defined in this subchapter, and all promissory notes or other evidence of indebtedness taken in lieu of cash payments by such schools, shall be null and void unless the schools and admissions representatives are licensed at the time such evidence of indebtedness is entered into as required by this subchapter.
  2. Any person shall have the right to recover moneys paid for enrollment in such unlicensed school by petition to the circuit court from the district in which such person resides; provided that, upon recommendation of the director, the Attorney General may file, on behalf of Arkansas residents contracting with any unlicensed school, an action to recover any tuition funds paid by Arkansas residents to any unlicensed school, which recovery, after costs of litigation, shall be held for the use and benefit of persons having paid such moneys.

History. Acts 1983, No. 770, § 10; A.S.A. 1947, § 80-4310; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1.

Publisher's Notes. Former § 6-51-613 was renumbered as § 6-51-612 by Acts 1989, No. 906.

6-51-614. Denial, probation, or revocation of school license — Review.

  1. The Division of Higher Education shall have the authority to refuse to issue a school license, to place on probation, or to revoke a school license theretofore issued.
  2. Any school dissatisfied with the decision to refuse to license, to revoke, or to suspend a license may seek judicial review, provided the school files notice of appeal in Pulaski County Circuit Court within fifteen (15) calendar days immediately following the date of notification of this action by the division.

History. Acts 1983, No. 770, § 7; A.S.A. 1947, § 80-4307; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1; 2005, No. 1962, § 15; 2017, No. 565, § 12; 2019, No. 910, § 1900.

Publisher's Notes. Former § 6-51-614 was renumbered as § 6-51-613 by Acts 1989, No. 906.

Amendments. The 2017 amendment substituted “Department of Higher Education” for “State Board of Private Career Education, acting by and through the director” in (a); and substituted “department” for “director” in (b).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a).

6-51-615. Denial or suspension of admissions representative's license — Review — Penalty.

  1. A person shall not be granted an admissions representative's license if, upon investigation, the applicant is found not to meet the requirements for an admissions representative under this subchapter.
  2. The Director of the Division of Higher Education, upon receipt of information considered dependable which indicates fraud, misrepresentation, or unethical practices on the part of an applicant, may deny issuance of a license applied for or may suspend immediately a license already issued pending a review by the Division of Higher Education.
  3. Any applicant dissatisfied with the decision to refuse, suspend, or revoke a license may seek judicial review, provided the applicant files notice of appeal in Pulaski County Circuit Court within fifteen (15) calendar days immediately following the date of notification of action by the director.
  4. Any person violating the provisions of this subchapter shall be guilty of a Class B misdemeanor.

History. Acts 1983, No. 770, §§ 11, 12; A.S.A. 1947, §§ 80-4311, 80-4312; Acts 1989, No. 906, § 1; 1995, No. 1213, § 1; 2005, No. 1994, § 235; 2017, No. 565, § 13; 2019, No. 910, § 1901.

Publisher's Notes. Former § 6-51-615 was renumbered as § 6-51-614 by Acts 1989, No. 906.

Amendments. The 2017 amendment, in (a), substituted “A” for “No” and inserted “not”; and substituted “Department of Higher Education” for “State Board of Private Career Education” twice in (b).

The 2019 amendment substituted “Director of the Division of Higher Education” for “Director of the Department of Higher Education” and “Division of Higher Education” for “Department of Higher Education” in (b).

6-51-616. Student grievance procedure.

  1. Any student may file a written complaint with the Division of Higher Education on the forms prescribed and furnished by the division for that purpose if the student has reason to believe he or she is suffering loss or damage resulting from:
    1. The failure of a school to perform agreements made with the student; or
    2. An admissions representative's misrepresentations in enrolling the student.
    1. All complaints shall be investigated, and attempts shall be made to resolve them informally.
    2. If an informal resolution cannot be achieved, the aggrieved party may request a formal hearing to be held before the Private Career Education Arbitration Panel.
  2. The aggrieved party may not pursue arbitration before the panel if legal action has been filed.
  3. The request for arbitration must be in writing and filed with the director within one (1) year of completion of, or withdrawal from, the school.
  4. The written request for arbitration must name the parties involved and specific facts giving rise to the dispute.
  5. The ruling of the panel shall be binding upon the parties.

History. Acts 1989, No. 906, § 1; 1989 (3rd Ex. Sess.), No. 51, § 1; 1995, No. 1213, § 1; 2003, No. 1781, § 14; 2017, No. 565, § 14.

Publisher's Notes. Former § 6-51-616 was renumbered as § 6-51-615 by Acts 1989, No. 906.

Amendments. The 2017 amendment, in the introductory language of (a), substituted “Department of Higher Education” for the first occurrence of “director” and “department” for the second occurrence of “director”.

6-51-617. Private Career Education Arbitration Panel.

  1. The Private Career Education Arbitration Panel as referenced in this section shall represent the sole authority to resolve disputes between a student and schools as to grievances relating to:
    1. The failure of the school to perform agreements made with the student; or
    2. An admissions representative's misrepresentations in enrolling the student.
    1. In consultation with the State Board of Private Career Education, the Director of the Division of Higher Education shall appoint the panel, which shall be composed of three (3) members. One (1) member shall be from the school sector, and two (2) members shall be from the general public.
    2. No member of the panel may serve for hearings which involve the member's school.
    1. In resolving disputes, the panel shall be exempt from judicial redress for failure to exercise skill or care in the performance of its duties.
    2. The arbitration proceeding, confirmation, or vacation of an award and appeal shall be conducted pursuant to the Uniform Arbitration Act, § 16-108-201 et seq.

History. Acts 1989, No. 906, § 1; 1995, No. 1213, § 1; 2003, No. 1781, § 15; 2017, No. 565, § 15; 2019, No. 910, § 1902.

Amendments. The 2017 amendment, in (b)(1), added “In consultation with” and inserted “the Director of the Department of Higher Education”.

The 2019 amendment substituted “Director of the Division of Higher Education” for “Director of the Department of Higher Education” in the first sentence of (b)(1).

6-51-618. Fines.

  1. When the Division of Higher Education finds that a school is guilty of a violation of this subchapter or the rules of the division, it shall have the power and authority to impose a penalty on the school.
  2. Prior to the imposition of any penalty, the division shall hold an investigation and hearing after notice to the school.
    1. Upon imposition of a penalty, the division shall have the power and authority to require that the school pay a penalty to the division with regard to the violation, with the sanction that the license may be suspended until the penalty is paid.
    2. No penalty imposed by the division may exceed five hundred dollars ($500) per violation.
  3. Any school dissatisfied with the penalties imposed may seek judicial review, provided the school files notice of appeal in Pulaski County Circuit Court within fifteen (15) calendar days immediately following the date of notification of this action by the Director of the Division of Higher Education.
  4. The power and authority of the division to impose these penalties shall not be affected by any other civil or criminal proceeding concerning the same violation.

History. Acts 1995, No. 1213, § 1; 2003, No. 1781, § 16; 2017, No. 565, § 16; 2019, No. 910, § 1903.

Amendments. The 2017 amendment substituted “department” for “board” throughout the section; in (a), substituted “Department of Higher Education” for “State Board of Private Career Education” and deleted “and regulations” following “rules”; and substituted “Director of the Department of Higher Education” for “director” in (d).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a); substituted “division” for “department” throughout the section; and substituted “Director of the Division of Higher Education” for “Director of the Department of Higher Education” in (d).

6-51-619. Subpoenas and subpoenas duces tecum.

  1. The Division of Higher Education shall have the power to issue subpoenas and subpoenas duces tecum in connection with both its investigations and hearings.
  2. A subpoena duces tecum may require any book, writing, document, or other paper or thing which is germane to an investigation or hearing conducted by the division.
    1. Service of a subpoena shall be as provided by law for the service of subpoenas in civil cases in the circuit courts of this state, and the fees and mileage of officers serving the subpoenas and of witnesses appearing in answer to the subpoenas shall be the same as provided by law for proceedings in civil cases in the circuit courts of this state.
      1. The division shall issue a subpoena or subpoena duces tecum upon the request of any party to a hearing before the division.
      2. The fees and mileage of the officers serving the subpoena and of the witness shall be paid by the party at whose request a witness is subpoenaed.
    1. In the event a person shall have been served with a subpoena or subpoena duces tecum as provided in this section and fails to comply therewith, the division may apply to the circuit court of the county in which the division is conducting its investigation or hearing for an order causing the arrest of the person and directing that the person be brought before the court.
    2. The court shall have the power to punish the disobedient person for contempt as provided by law in the trial of civil cases in the circuit courts of this state.

History. Acts 1995, No. 1213, § 1; 2017, No. 565, § 17; 2019, No. 910, § 1904.

Amendments. The 2017 amendment substituted “department” for “board” throughout the section; and substituted “Department of Higher Education” for “State Board of Private Career Education” in (a).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a); and substituted “division” for “department” throughout the section.

6-51-620. Bond.

    1. Each school licensed under this subchapter shall maintain a surety bond during its licensure.
    2. The surety bond shall be submitted to the Division of Higher Education on or before the expiration date of the bond.
    3. The bond shall be for the period during which the license is issued.
      1. The surety bond shall be conditioned to provide indemnification to any student or enrollee who suffers loss or damage as a result of:
        1. A violation of a provision of this subchapter or any rule of the division by the school or its officers, admissions representatives, or employees;
        2. The failure or neglect of the school to faithfully perform all agreements, express or otherwise, with the student, enrollee, one (1) or both of the parents of the student or enrollee, or a guardian of the student or enrollee, as represented by the application for licensure and the materials submitted in support of that application; or
        3. An admissions representative's misrepresentation in procuring the student's enrollment.
        1. A surety on that bond may be released after the surety has made a written notice of at least thirty (30) days before the release.
        2. However, a surety may not be released from the bond unless all sureties on the bond are released.
        1. The license shall be suspended when that school is no longer covered by a surety bond meeting the required amount.
        2. The division shall notify the school in writing at least ten (10) days prior to release of the surety or sureties that the license is suspended until another surety bond is filed in the manner and amount required under this subchapter.
    4. The bond shall be based on gross tuition, meaning the total amount collected by a school during the most recently completed twelve-month fiscal year, reduced only by the amount of refunds paid during the fiscal year, for tuition, application fees, registration fees, and those other fees deemed appropriate by rule of the division.
    5. The division shall determine the sum of each surety bond based upon the following guidelines:
      1. Except as provided in subdivisions (a)(6)(B) and (C) of this section, a school shall procure and maintain a bond equal to ten percent (10%) of the gross tuition with a minimum bond amount of five thousand dollars ($5,000) with the maximum bond amount to be determined by the division;
      2. Schools that have no gross tuition charges assessed for the previous year shall secure and maintain a surety bond in the amount of ten thousand dollars ($10,000); and
      3. Schools that have a total cost per program of three thousand dollars ($3,000) or less shall not be required to have a bond.
      1. The bond shall be a surety bond issued by a company authorized to do business in this state.
      2. The bond shall be to the state to be used for payment of a tuition refund due to a student or potential student.
  1. A surety bond is not required for licensees approved by the division on April 10, 1995, that maintain continuous licensure.
  2. A right of action shall not accrue on the surety bond to or for the use of any person or entity other than the obligee named in the bond or the heirs, executors, administrators, or successors of the obligee.

History. Acts 1995, No. 1213, § 1; 2003, No. 1781, §§ 17-19; 2017, No. 565, § 18; 2019, No. 755, § 6; 2019, No. 910, §§ 1905-1911.

Amendments. The 2017 amendment substituted “department” for “board” throughout the section; substituted “Department of Higher Education” for “State Board of Private Career Education” in (a)(2); substituted “rule of the department” for “rule or regulation of this board” in (a)(4)(A)(i); substituted “rule of the department” for “rule and regulation of the board” in (a)(5)(A); redesignated former (a)(7) as (a)(7)(A) and (B); and, in (c), substituted “A” for “No” and inserted “not”.

The 2019 amendment by No. 755 deleted (a)(5)(B) and redesignated (a)(5)(A) as (a)(5).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (a)(2); substituted “division” for “department” throughout the section; and substituted “subchapter” for “chapter” in (a)(4)(C)(ii).

6-51-621. Construction of subchapter.

Nothing in this subchapter shall be construed to affect the responsibilities of the Arkansas Higher Education Coordinating Board as defined in § 6-61-301.

History. Acts 1995, No. 1213, § 2.

6-51-622. Noncommercial driver training instruction.

  1. A person teaching or instructing a person seventeen (17) years of age or younger to drive a noncommercial motor vehicle or a motorcycle shall offer the minimum amount of driver training to the student driver as prescribed by this section.
  2. The minimum requirements for classroom driver training instruction for noncommercial motor vehicles shall consist of:
    1. Thirty (30) hours or more of classroom instruction on driving techniques and rules of the road in Arkansas, including six (6) hours of classroom instruction on traffic law changes that have occurred within the last ten (10) years; and
    2. Ten (10) hours of behind-the-wheel driving experience.
  3. The minimum requirements of correspondence programs for driver training instruction for noncommercial motor vehicles shall consist of:
    1. A maximum of twenty-eight (28) hours of correspondence work;
    2. A minimum of two (2) hours or more of classroom instruction on driving techniques and rules of the road in Arkansas; and
    3. Ten (10) hours of behind-the-wheel driving experience.
    1. In consultation with the State Board of Private Career Education, the Division of Higher Education may promulgate reasonable rules to implement, enforce, and administer this section.
    2. The rules of the division shall be issued in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
  4. The requirements for classroom driver training instruction for a motorcycle are:
    1. A minimum of five (5) hours of classroom instruction on driving techniques and rules of the road in Arkansas; and
    2. A minimum of ten (10) hours of actual motorcycle driving experience.

History. Acts 2001, No. 1756, § 1; 2009, No. 1478, §§ 5, 6; 2017, No. 565, § 19; 2019, No. 910, § 1912.

Amendments. The 2009 amendment rewrote (a); and added (e).

The 2017 amendment, in (d)(1), added “In consultation with”, inserted “the Department of Higher Education” and deleted “and regulations” following “rules”; and substituted “rules of the department” for “board's regulations” in (d)(2).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (d)(1); and substituted “division” for “department” in (d)(2).

6-51-623. Defensive driving instruction.

A person shall not be required to obtain a license from the Division of Higher Education as a requirement for teaching or providing a course in defensive driving under a court-mandated defensive driving class.

History. Acts 2003, No. 768, § 1; 2017, No. 565, § 20; 2019, No. 910, § 1913.

Amendments. The 2017 amendment substituted “Department of Higher Education” for “State Board of Private Career Education”.

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education”.

6-51-624. Applicability.

This subchapter does not apply to a school or training program that offers only avocational or recreational instruction or teacher instruction for the following subjects:

  1. Dance;
  2. Music;
  3. Yoga;
  4. Horseback riding; or
  5. Sewing, knitting, or other needlecrafts.

History. Acts 2015, No. 45, § 2.

Subchapter 7 — Associate of Applied Science Degree in Nursing Program

Effective Dates. Acts 1989, No. 66, § 4: Feb. 17, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is a shortage of qualified nurses in the state; that the critical health care needs of the people of this state required the immediate passage of this act. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-51-701. Establishment of program — Definition.

  1. The Division of Higher Education is hereby authorized to establish for the technical institutes or vocational-technical schools of this state an Associate of Applied Science Degree in Nursing Program.
    1. A nursing program shall be established by the division. The nursing program shall be in accordance with the standards established by the Arkansas State Board of Nursing.
      1. The course of instruction shall also be developed in such manner as to be accredited by the national accreditation association of nursing programs.
      2. The course of instruction shall allow for not more than twelve (12) semester hours of credit for previous nursing education or for nursing experience.
      3. A maximum of twenty-five (25) semester hours of credit by “general education” by challenge, the College Level Examination Program, shall be allowed.
    2. Students shall complete a transition course if required by the Arkansas State Board of Nursing which is in accordance with standards set by the Arkansas State Board of Nursing.
    1. Any technical institute or vocational-technical school desiring to offer the nursing program may apply for approval to the Career Education and Workforce Development Board.
    2. If approval is granted, the school must then seek approval from the Arkansas State Board of Nursing.
    1. The Career Education and Workforce Development Board is authorized to promulgate rules necessary to implement this subchapter.
    2. The rules shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
  2. Courses of instruction shall be designed to enable the student completing the program to qualify for licensure as a registered nurse upon taking and passing the examination required by the Arkansas State Board of Nursing.
    1. The program of instruction as authorized in this subchapter may be offered to licensed practical nurses or licensed psychiatric technician nurses duly licensed by the Arkansas State Board of Nursing.
    2. For admittance to the nursing program, the nurse must have:
      1. A minimum of two thousand (2,000) total hours of documented work and occupational experience in a healthcare institution; and
      2. Documentation from an official of a healthcare institution that the candidate has been an employee for the required length of time.
    3. For purposes of this subsection, a “healthcare institution” means a hospital, a long-term-care facility, a medical doctor's office or clinic, an outpatient clinic, a residential care facility, any of several state agencies, or employment as a public health, industrial, or school nurse.

History. Acts 1989, No. 66, § 1; 1999, No. 1323, §§ 41, 42; 2019, No. 315, § 351; 2019, No. 910, §§ 1914, 1915.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (d)(1) and in (d)(2).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Career Education” in (a); and substituted “division” for “department” in (b)(1).

6-51-702. Nature of program.

The licensed practical nurse or licensed psychiatric technician nurse to registered nurse program is an upward-mobility program for licensed practical nurses or licensed psychiatric technician nurses who have completed one (1) calendar year, or two thousand (2,000) hours minimum, of work in a health care institution. The program of study will lead to the Associate of Applied Science Degree in Nursing.

History. Acts 1989, No. 66, § 1.

6-51-703. Granting of degrees.

The State Board of Career Education is authorized to grant the degree to students who complete the full course of instruction which entitles them to the degree. The diploma is to be signed by such officials as the board shall designate.

History. Acts 1989, No. 66, § 1.

Subchapter 8 — Community-Based Education Centers

Effective Dates. Acts 1995, No. 1194, § 38: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

6-51-801. Criteria for centers.

  1. The State Board of Career Education shall establish criteria that must be met by any secondary vocational center requesting permission to become a community-based education center.
    1. The board shall periodically review and revise, if necessary, the community-based education center criteria.
    2. Such centers may include:
      1. Offerings of traditional vocational-technical education during regular school hours;
      2. Extended day programs so that students may attend the center for vocational instruction after regular school hours;
      3. Adult basic education or general adult education programs;
      4. Adult skill training and retraining for the general population;
      5. Industry start-up and retraining; and
      6. Workplace literacy.
  2. Any secondary vocational center which satisfies the criteria established by the board pursuant to this section, in accordance with procedures to be adopted by the board, may seek approval from the board to become a community-based education center. Upon approval by the board of any such application, the school may change its name to Community-Based Education Center.
  3. The secondary area vocational centers which elect to provide enhanced education and training employment or retraining services appropriate to area industry and business needs may request from the board that they be designated as community-based education centers.

History. Acts 1991, No. 228, § 1; 1995, No. 1194, § 16; 1999, No. 1323, § 43.

6-51-802. Policy for centers established.

The State Board of Career Education shall establish policy for community-based education centers in such areas as fees, operating and capital budgets, allocation of funds, instructional programs and related criteria for the operation of community-based education centers, degrees and certificates, and academic and programmatic standards.

History. Acts 1991, No. 228, § 2.

6-51-803. Distribution of funds.

  1. Following publication by the State Board of Career Education of criteria required to qualify for designation as a community-based education center, local educational agencies may develop a budget proposal for submission to the board for funding consideration.
  2. The board shall distribute the funds in as equitable a manner as possible while maintaining the best utilization of funds appropriated by the General Assembly.

History. Acts 1991, No. 228, § 3.

6-51-804. Property ownership — Board of school superintendents.

    1. The board which currently owns the property and capital equipment of any existing community-based education center is authorized to retain ownership of such properties.
    2. Provided, however, ownership of such properties may, by vote of the board, be restructured.
    1. Furthermore, the board of the host school is encouraged to create a board composed of superintendents of all schools sending students to the community-based education center.
    2. Such board may act as a governing board for the community-based education center.
    3. Furthermore, such boards are encouraged to have members that are representative of business and industry in the community-based education centers service area.

History. Acts 1991, No. 228, § 5.

6-51-805. Creation of general advisory council.

  1. The State Board of Career Education shall relate to the community-based education centers as a coordinating board.
    1. Furthermore, the governing board of a community-based education center is encouraged to create a general advisory council.
    2. Such general advisory council shall provide advice on programs of the school, including data that reflects the needs of business and industry served by the community-based education center.

History. Acts 1991, No. 228, § 4; 2007, No. 827, § 118.

6-51-806. Local education agencies — Eligibility for federal funds.

  1. The General Assembly designates that the community-based education centers created by this subchapter meet the definition of “local education agencies” by virtue of the fact that each is a public authority legally constituted within this state to perform a service function for a public elementary and secondary school in school districts and other political subdivisions of the state or such combination of school districts or counties which are recognized by the General Assembly as administrative agents for public elementary and secondary schools.
  2. This section intends to recognize the function of the community-based education centers and to provide eligibility to community-based education centers to receive federal funds.

History. Acts 2001, No. 1290, § 1.

Subchapter 9 — Postsecondary Vocational and Technical Education

Effective Dates. Acts 1991, No. 773, § 14: Mar. 26, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the reconstructing of the delivery system of adult education and vocational education in this state is necessary to provide quality educational programs which are accessible by all segments of the population in this state; that recent studies have shown that in the year 2000, workers must have a minimum of fourteen (14) years education to function in the work force; that the state is in desperate need of training, retraining and upgrading the work force; that this act will provide a means to establish more institutions working closely with business, industry, labor and agriculture to provide every citizen with an opportunity to participate in vocational-technical training and associate degree programs within a reasonable driving distance of their homes; that it is necessary for this act to become effective immediately so needed changes can be implemented and comprehensive planning can begin. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 803, § 13: approved Mar. 25, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that the reorganization of the governmental agencies involved in providing vocational education in this state are immediately in need of improvement; and that this act provides the necessary mechanism for such improvement. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective 30 days after approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective 30 days after the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective 30 days after the date the last house overrides the veto.”

Acts 2013, No. 594, § 7[2]: July 1, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that under Arkansas Code § 25-15-105, the authority of technical institutes to charge certain fees currently collected by the institutes will expire on July 1, 2013, and that this act is necessary to allow the technical institutes to continue to collect the revenues they currently receive and to allow the technical institutes to maintain their current level of operation. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2013.”

Acts 2015, No. 923, § 34: July 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2015 is essential to the operation of the agency for which the appropriations in this Act are provided; with the exception that Section 24 in this Act shall be in full force and effect from and after the date of its passage and approval, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2015, with the exception that Section 24 in this Act shall be in full force and effect from and after the date of its passage and approval, could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2015; with the exception that Section 24 in this Act shall be in full force and effect from and after the date of its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-51-901. Purpose.

It is the purpose of this subchapter to initiate a broad array of legislative authority whose purpose it is to:

  1. Upgrade the quality and quantity of postsecondary vocational and technical education;
  2. Permit the expansion of programs leading to associate of applied science degrees; and
  3. Augment the Arkansas Higher Education Coordinating Board by increasing its membership that is representative of business and industry, including the service-oriented industries in Arkansas.

History. Acts 1991, No. 773, § 1; 2019, No. 910, § 1916.

Amendments. The 2019 amendment substituted “Arkansas Higher Education Coordinating Board” for “State Board of Career Education” in (3).

6-51-902. Accountability measures and performance indicators.

    1. All postsecondary vocational-technical schools, technical institutes, and comprehensive lifelong learning centers within the State of Arkansas shall present to the Arkansas Higher Education Coordinating Board and the Division of Higher Education a report reflecting a satisfactory level of performance-based system of accountability measures and performance indicators as defined in this section.
    2. The report shall be filed with the board and the division annually.
  1. In order to promote a coordinated system of postsecondary vocational and technical education in Arkansas and to provide an effective delivery system, the board shall:
    1. Review, evaluate, and coordinate budget requests for the institutions in the system; and
      1. Develop a system of accountability measures and performance indicators to be used as the basis for budget requests.
      2. The system of accountability measures and performance indicators shall incorporate, as a minimum, the following:
        1. Student attainment of academic and vocational and technical skill proficiencies;
        2. Student attainment of a diploma, skill certificate, or recognized postsecondary credential;
        3. Student placement, retention, and completion of postsecondary or advanced training, employment, or military service;
        4. Student participation in and completion of programs of nontraditional training and employment;
        5. Cost effectiveness as measured by cost per contact hour of instruction;
        6. Business and industry services as measured by the number of contact hours of instruction for specific business and industry courses; and
        7. The degree to which local support has been obtained by the institution as evidenced by:
          1. Private sector cash and in-kind donations;
          2. Support from local units of government;
          3. Foundations; and
          4. Other such nonstate sources as may be appropriate.
  2. With the exception of a special funding appropriation, all state funds shall be requested by the board for the technical institutes, postsecondary vocational-technical schools, and comprehensive lifelong learning centers based on a funding formula to be developed and approved by the board and shall be based upon the accountability measures and performance indicators enumerated in this section.
  3. Upon the failure to find that satisfactory progress is being made by the school, the board shall dissolve the operation of the school or convert the school to an adult education center, a secondary vocational center, or another appropriate role and function.
  4. For purposes of standardized reporting and accountability only, the board shall develop for all postsecondary vocational schools, technical institutes, and comprehensive lifelong learning centers a reporting system for headcount enrollment and full-time-equivalency enrollment which is consistent with policies followed by the board.
  5. Riverside Vocational Technical School shall be exempt from all provisions of this subchapter except this section and shall remain a postsecondary vocational-technical school as structured under the Department of Corrections.

History. Acts 1991, No. 773, §§ 7-10; 1999, No. 1158, § 1; 2019, No. 910, §§ 1917-1919.

Amendments. The 2019 amendment substituted “Arkansas Higher Education Coordinating Board” for “State Board of Career Education” throughout (a) through (d); substituted “Division of Higher Education” for “Department of Career Education” in (a)(1); substituted “division” for “department” in (a)(2); deleted “the State Board of Career Education, after consultation with” following “accountability only” in (e); and, in (f), deleted “presently” preceding “structured”, and substituted “Department of Corrections” for “State Board of Career Education”.

Cross References. Riverside Vocational and Technical School, §§ 12-29-30612-29-310.

6-51-903. Local board of directors — Members.

  1. All postsecondary vocational-technical schools, including those which expand their services under § 6-51-217 or under § 6-51-906 shall be governed by a local board of directors.
    1. The Governor shall appoint a five-member local board of directors composed of residents of the local geographic service area in which the institution is located.
      1. Appointment shall be subject to confirmation by the Senate.
      2. No candidate for public office, holder of public office in the state, or his or her spouse, shall serve as a member of a local board.
      3. Members of the local board shall be qualified electors of the geographic service area in which the institution is located.
      4. Local board appointees shall have a high interest in vocational and technical education, a strong desire and commitment to serve the institution in the improvement of its offerings, and shall be representative of business, industry, labor, and agriculture, including service occupations.
    2. The term of office for local board members shall be five (5) years.
      1. The initial board appointees shall determine their terms by lot so that no more than one (1) term shall expire during any given year.
      2. A local board appointee shall serve no more than two (2) consecutive terms.
    3. When a vacancy occurs in the membership of the board, the president or director of the institution shall so notify the Governor who shall appoint a successor to the person who vacated membership, who shall serve the unexpired term of the person succeeded.

History. Acts 1991, No. 773, § 2.

6-51-904. Duties of local board for technical institutes.

  1. The powers and duties of the local board shall be as follows:
    1. To acquire, hold, and transfer real and personal property, to enter into contracts, to institute and defend legal actions and suits, and to exercise such other rights and privileges as may be necessary for the management and administration of the technical institute;
    2. To determine a minimum level for student tuition and fees to be charged by the technical institute, including without limitation penalty fees;
    3. To appoint from the candidates certified by the Arkansas Higher Education Coordinating Board and approved by the Governor, the president of the technical institute or director of the comprehensive lifelong learning center;
    4. To appoint, upon nomination of the president or director, the members of the administrative and teaching staffs;
    5. To determine, with the approval of the Arkansas Higher Education Coordinating Board, the educational program of the institution; and
    6. Other powers and duties as provided in this subchapter including without limitation those relating to accountability measures and performance indicators under § 6-51-902.
  2. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the technical institutes and comprehensive lifelong learning centers shall be transferred from the Arkansas Higher Education Coordinating Board to the local boards of directors.
  3. The local board may make rules not inconsistent with the provisions of this subchapter or inconsistent with the rules of the Arkansas Higher Education Coordinating Board as are necessary for the proper administration and operation of the institution.
  4. The local board may contract with a nonprofit organization or a local school district board of directors within its service area to offer secondary-level general academic and vocational and technical courses and programs, adult literacy courses, or both.

History. Acts 1991, No. 773, § 2; 1997, No. 803, § 9; 2013, No. 594, § 1; 2015, No. 923, § 31; 2019, No. 315, § 352; 2019, No. 910, §§ 1920, 1921.

Amendments. The 2013 amendment inserted (a)(2) and redesignated the remaining subdivisions accordingly.

The 2015 amendment inserted “and approved by the Governor” in (a)(3).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” twice in (c).

The 2019 amendment by No. 910 substituted “Arkansas Higher Education Coordinating Board” for “Career Education and Workforce Development Board” in (a)(3) and (a)(5); and substituted “including without limitation those relating to accountability measures and performance indicators under § 6-51-902” for “or as delegated to it by the Career Education and Workforce Development Board” in (a)(6).

6-51-905. Technical institutes.

  1. A technical institute may offer programs which lead to an Associate of Applied Science degree.
  2. Each technical institute shall operate within a service area assigned by the Arkansas Higher Education Coordinating Board.
    1. The board of directors of the technical institute may contract with existing institutions of higher education for the operation of any associate degree programs offered at the institute.
    2. Such programs must be approved by the Arkansas Higher Education Coordinating Board and may be offered either on-site at the institute or at a satellite location.
    1. Any degree at or above the associate degree level offered at a technical institute or any state-supported postsecondary institution must be approved by the Arkansas Higher Education Coordinating Board.
    2. Those degrees offered at a technical institute must be awarded by an Arkansas higher education institution accredited by an accrediting agency recognized by the United States Department of Education.
    3. Any such degree program must be offered through the institute's Center for Collegiate Instruction.
      1. The technical institute shall be required to establish a policy that specifically outlines a plan to work with local business, industry, and agriculture to meet technological and training needs.
      2. The plan shall be submitted annually to the local board of directors and the Arkansas Higher Education Coordinating Board for approval.
      3. The plan shall incorporate a study of local needs, including interviews with local business, industry, and agriculture.
      1. The technical institute shall be required to offer courses to address business, industry, and agricultural needs, and when appropriate, teach the course at those sites.
      2. The technical institute may use adjunct faculty or professors under contract to meet this requirement.

History. Acts 1991, No. 773, § 3; 2015, No. 865, § 1; 2019, No. 910, §§ 1922, 1923.

Amendments. The 2015 amendment substituted “an accrediting agency recognized by the federal Department of Education” for “the Higher Learning Commission” in (d)(2).

The 2019 amendment substituted “Arkansas Higher Education Coordinating Board” for “Career Education and Workforce Development Board” in (b) and (e)(1)(B).

6-51-906. Comprehensive lifelong learning centers.

  1. Schools not converting to technical institutes as provided by other sections of this subchapter, or community colleges under existing law, shall expand program offerings and become a comprehensive lifelong learning center.
  2. The Arkansas Higher Education Coordinating Board shall establish criteria and program expansions which would require all remaining postsecondary vocational-technical schools to become comprehensive lifelong learning centers.
    1. When a postsecondary vocational-technical school meets the criteria for becoming a comprehensive lifelong learning center as established by the Arkansas Higher Education Coordinating Board, the school shall make application to the Arkansas Higher Education Coordinating Board seeking that it be designated as such.
    2. Each comprehensive lifelong learning center shall operate within a service area assigned by the Arkansas Higher Education Coordinating Board.
      1. Each comprehensive lifelong learning center may operate satellite campuses apart from the campus of the main center but within the service area of the center.
      2. The establishment, locations, and number of satellite campuses of a center must be approved by the Arkansas Higher Education Coordinating Board.
      1. The board of directors of a comprehensive lifelong learning center may contract with existing institutions of higher education for the operation of any associate degree programs offered at the center, upon approval by the Arkansas Higher Education Coordinating Board.
      2. Any degree program at or above the associate degree level offered at a comprehensive lifelong learning center must be approved by the Arkansas Higher Education Coordinating Board and awarded by an Arkansas institution of higher education accredited by an accrediting agency recognized by the United States Department of Education.
      3. Any such degree program must be offered through the center's center for collegiate instruction.
    1. The Arkansas Higher Education Coordinating Board shall periodically review the program offerings and curricula of the postsecondary vocational-technical schools to assure that lifelong learning opportunities exist for the population served.
    2. The comprehensive lifelong learning centers shall include offerings of:
      1. Workplace literacy programs consisting of remedial education, including adult basic education and general adult education;
      2. Occupational and technical preparation;
      3. Applied foundation courses in mathematics, science, communications, and technologies;
      4. Customized training and adult retraining programs;
      5. Apprenticeship work-based training programs;
      6. Other relevant education and training which meets the needs of the work force and which prepares the state's citizens for lifelong learning opportunities and a quality life; and
      7. May include courses leading to an associate of applied science degree, upon approval by the Arkansas Higher Education Coordinating Board.
    1. Except as provided in this section, the construction, operation, and maintenance of the comprehensive lifelong learning center shall be financed by the state.
    2. Each comprehensive lifelong learning center, acting through its board, shall have the power to accept and receive gifts, grants, profits from auxiliary enterprises, local millages, and any other local funds to be used as local matching funds for capital outlay expenses of the center.
    3. The comprehensive lifelong learning center shall be required to establish a plan that specifically outlines cooperative efforts with local industries and businesses to meet technological and training needs.
      1. The plan shall be submitted annually to the local board of directors and the Arkansas Higher Education Coordinating Board for approval.
      2. The plan shall incorporate a study of local needs, including interviews with local business and industry.
      1. The comprehensive lifelong learning center shall be required to offer courses to address industry and business needs and, when appropriate, to teach the course at the business or industry site.
      2. The comprehensive lifelong learning center may use adjunct faculty or professors under contract to meet this requirement.

History. Acts 1991, No. 773, § 4; 2015, No. 865, § 2; 2019, No. 910, §§ 1924, 1925.

Amendments. The 2015 amendment substituted “an accrediting agency recognized by the federal Department of Education” for “the Higher Learning Commission” in (c)(3)(A) [now (c)(4)(B)].

The 2019 amendment substituted “Arkansas Higher Education Coordinating Board” for “Career Education and Workforce Development Board” in (b), (c)(1), (c)(2), (c)(3)(B), and (e)(3)(A); in (c)(1), substituted the second occurrence of “Arkansas Higher Education Coordinating Board” for “board”; deleted “Career Education and Workforce Development Board and the” preceding “Arkansas Higher Education Coordinating Board” in the introductory language of (c)(4) [now (c)(4)(A)]; and substituted “center for collegiate instruction” for “Center for Collegiate Instruction” in (c)(4)(B) [now (c)(4)(C)].

6-51-907. Expanded associate degrees instruction — College transfer courses.

  1. Any Arkansas technical institute or comprehensive lifelong learning center desiring to offer college transfer courses or to increase the number of associate of applied science degrees being offered may initiate such college transfer courses or occupational degree programs under the provisions of this section upon approval of the Arkansas Higher Education Coordinating Board.
    1. The Center for Collegiate Instruction, hereinafter called “the center”, means a legally designated collegiate center on the campus of a technical institute or a comprehensive lifelong learning center.
    2. The center shall be authorized to coordinate and offer college-level courses at such location.
    3. It shall comply with the established accreditation standards of the North Central Association of Colleges and Schools for the umbrella college or university which acts as the sponsor for the center.
    1. Any technical institute or comprehensive lifelong learning center that desires to establish a collegiate center shall be required to enter into a memorandum of understanding with the sponsoring colleges or universities.
    2. The guidelines for establishing the memorandum of understanding shall be developed by the board.
    1. The associate degree programs to be offered at the center shall be developed by participating institutions and shall meet all the standards for accreditation by an accrediting agency recognized by the United States Department of Education.
    2. Associate degree programs offered through a center must be approved for implementation by the board.
    1. Each university or college operating at least one (1) collegiate center shall designate a center director who shall manage the operation of the center and any subsequent satellite units which may be developed at other institutions.
    2. Each technical institute or comprehensive lifelong learning center shall designate a collegiate center coordinator who is to be responsible for the overall coordination of the center and its efficient operation.

History. Acts 1991, No. 773, § 5; 2015, No. 865, § 3; 2019, No. 910, § 1926.

Amendments. The 2015 amendment substituted “an accrediting agency recognized by the federal Department of Education” for “the Higher Learning Commission” in (d)(1).

The 2019 amendment deleted “in conjunction with the Career Education and Workforce Development Board” from the end of (c)(2).

Subchapter 10 — Model Vocational-Technical Education Resource Center Act of 1993

A.C.R.C. Notes. Acts 2001, No. 415, §§ 1 and 2, provided:

“SECTION 1.(a) All of the records, property, unexpended balances of appropriations, allocations, or other funds of the Vocational-Technical Education Resource Center created pursuant to Arkansas Code 6-51-1001 through 6-51-1010 are transferred to the Northeast Arkansas Educational Cooperative. (b) The personnel of the Vocational-Technical Education Resource Center may be given priority for employment by the Northeast Arkansas Educational Cooperative.

“SECTION 2. EMERGENCY CLAUSE. It is found and determined by the Eighty-third General Assembly that questions have arisen over the use of funds by the Model Vocational-Technical Education Resource Center; that it is currently operating without an approved budget, and it is preventing the proper use of resources which are needed to provide appropriate educational opportunities for the children of this state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on June 30, 2001.”

Effective Dates. Acts 2001, No. 231, § 4: June 30, 2001. Emergency clause provided: “It is found and determined by the General Assembly that questions have arisen regarding the use of funds by the Model Vocational-Technical Education Resource Center; that it is currently operating without an approved budget, and its existence is preventing the proper use of resources which are needed to provide appropriate educational opportunities for the children of this state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on June 30, 2001.”

6-51-1001 — 6-51-1010. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2001, No. 231, § 1. The subchapter was derived from the following sources:

6-51-1001. Acts 1993, No. 316, § 1.

6-51-1002. Acts 1993, No. 316, § 1.

6-51-1003. Acts 1993, No. 316, § 1; 1999, No. 21, § 1.

6-51-1004. Acts 1993, No. 316, § 1; 1997, No. 277, § 1; 1999, No. 21, § 2.

6-51-1005. Acts 1993, No. 316, § 1; 1999, No. 21, § 3.

6-51-1006. Acts 1993, No. 316, § 1; 1999, No. 21, § 4.

6-51-1007. Acts 1993, No. 316, § 1.

6-51-1008. Acts 1993, No. 316, § 1; 1999, No. 21, § 5.

6-51-1009. Acts 1993, No. 316, § 1; 1999, No. 21, § 6.

6-51-1010. Acts 1993, No. 316, § 1; 1999, No. 21, § 7.

Subchapter 11 — Procedures to Follow Upon Merger of Crowley's Ridge Technical Institute to East Arkansas Community College

A.C.R.C. Notes. Acts 2017, No. 636, § 2, as amended by Acts 2017, No. 1091, § 29, provided:

“(a) The General Assembly finds that:

“(1) Significant changes in the day-to-day operations of Crowley's Ridge Technical Institute before the effective date of a merger of Crowley's Ridge Technical Institute to East Arkansas Community College under § 6-51-1101 may impede the ability of Crowley's Ridge Technical Institute to merge seamlessly into East Arkansas Community College; and

“(2) Additional guidance and restrictions are necessary to assure a smooth transition to the new institutional structure of East Arkansas Community College provided for by this act.

“(b) Except as provided in subsection (c) of this section, upon the vote of the Board of Directors of Crowley's Ridge Technical Institute to merge with East Arkansas Community College under § 6-51-1101(a)(1)(A) and before the effective date of a merger under § 6-51-1101(a)(2), Crowley's Ridge Technical Institute shall not:

“(1) Change its policies or procedures;

“(2) Terminate an employee of Crowley's Ridge Technical Institute;

“(3) Transfer an employee of Crowley's Ridge Technical Institute to a different position;

“(4) Hire a new employee of Crowley's Ridge Technical Institute; or

“(5) Destroy, mutilate, or alter documents, records, or other property maintained by Crowley's Ridge Technical Institute or its employees unless the destruction, mutilation, or alteration is made in the normal course of business and the nature of and reason for the destruction, mutilation, or alteration are recorded.

“(c) Upon the approval of a merger of Crowley's Ridge Technical Institute and East Arkansas Community College under § 6-51-1101(a)(1)(C) and before the effective date of a merger under § 6-51-1101(a)(2), the Board of Directors of East Arkansas Community College shall designate an individual to assume administration of Crowley's Ridge Technical Institute.

“(d) If Crowley's Ridge Technical Institute determines that performance of one (1) or more of the actions prohibited in subsection (b) of this section are necessary to appropriately perform the duties or functions of Crowley's Ridge Technical Institute:

“(1) The Technical Institute Director or the Interim Technical Institute Director of Crowley's Ridge Technical Institute may request that the designee under subsection (c) of this section permit performance of the action; and

“(2) The designee under subsection (c) of this section may grant or deny permission to perform the requested action.

“(e) Upon the approval of a merger of Crowley's Ridge Technical Institute and East Arkansas Community College under § 6-51-1101(a)(1)(C) and before the effective date of a merger under § 6-51-1101(a)(2), Crowley's Ridge Technical Institute shall provide to the designee under subsection (c) of this section any document, record, testimony, explanation, or other information maintained by Crowley's Ridge Technical Institute or its employees upon the request of the designee.

“(f) Employees covered under Act 2017, No. 94 § 1 shall not receive a salary increase before January 1, 2018, including without limitation salary increases associated with the implementation of the new pay plan for state employees under §§ 21-5-209 and 21-5-211 regardless of whether an employee is below the minimum salary of his or her grade under the new pay plan.”

6-51-1101. Merger.

    1. This subchapter shall govern the merger of Crowley's Ridge Technical Institute and East Arkansas Community College if:
      1. The Board of Directors of Crowley's Ridge Technical Institute votes to merge with East Arkansas Community College;
      2. The Board of Directors of East Arkansas Community College votes to accept the merger; and
      3. The merger is approved under § 6-53-401.
        1. When voting to accept a merger under subdivision (a)(1)(B) of this section, the Board of Directors of East Arkansas Community College shall designate a date for the merger to become effective.
        2. The Board of Directors of East Arkansas Community College shall consult the Board of Directors of Crowley's Ridge Technical Institute in determining the date under subdivision (a)(2)(A)(i) of this section.
      1. If a merger of Crowley's Ridge Technical Institute and East Arkansas Community College is approved under § 6-53-401, the merger shall become effective on the date designated under subdivision (a)(2)(A)(i) of this section.
  1. On the effective date of a merger under subdivision (a)(2) of this section, all statutory authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting or purchasing, of Crowley's Ridge Technical Institute shall be transferred to East Arkansas Community College.

History. Acts 2017, No. 636, § 1.

A.C.R.C. Notes. Acts 2017, No. 636, § 4, provided:

“(a)(1) Within two hundred ten (210) days of the effective date of a merger under § 6-51-1101(a)(2), active employees of Crowley's Ridge Technical Institute on the effective date of a merger under § 6-51-1101(a)(2) who become employees of East Arkansas Community College may make a one-time choice between:

“(A)(i) The health insurance plan adopted by the State and Public School Life and Health Insurance Board for state employees; or

“(ii) The East Arkansas Community College health insurance plan; and

“(B)(i) Remaining in his or her same retirement system under the same conditions then provided by law or as may later be provided by law; or

“(ii) The East Arkansas Community College retirement system plan.

“(b) The Board of Directors of East Arkansas Community College shall promulgate rules establishing the procedure for employees to exercise benefit options under subsection (a) of this section.”

Effective Dates. Acts 2017, No. 636, § 6, provided:

“(a) Section 3 of this act [which amends Acts 2017, No. 94, § 1] shall:

“(1) Become effective on the effective date of a merger under § 6-51-1101(a)(2); and

“(2) Expire on June 30, 2018.

“(b) Section 3 of this act shall not become effective if the effective date under subdivision (a)(1) of this section occurs after June 30, 2018.”

6-51-1102. Board of directors.

On the effective date of a merger under § 6-51-1101(a)(2):

  1. The Board of Directors of Crowley’s Ridge Technical Institute shall be abolished; and
  2. The Board of Directors of East Arkansas Community College shall assume the powers and duties of the Board of Directors of Crowley's Ridge Technical Institute.

History. Acts 2017, No. 636, § 1.

6-51-1103. Purchasing.

  1. Upon the vote of the Board of Directors of Crowley's Ridge Technical Institute to merge with East Arkansas Community College under § 6-51-1101(a)(1)(A) and before the effective date of a merger under § 6-51-1101(a)(2):
    1. Purchases by Crowley's Ridge Technical Institute shall be made under the Arkansas Procurement Law, § 19-11-201 et seq.; and
    2. Purchases by East Arkansas Community College may continue to be made under procedures that were applicable to East Arkansas Community College.
  2. This section shall not apply if a merger is not subsequently approved under § 6-51-1101(a).

History. Acts 2017, No. 636, § 1.

6-51-1104. Transfer of assets, obligations, records, personnel, property, unexpended balances, and legal authority.

Beginning on the effective date of a merger under § 6-51-1101(a)(2):

  1. All property and other rights, claims, and assets of Crowley’s Ridge Technical Institute shall be transferred to East Arkansas Community College;
  2. All obligations of Crowley’s Ridge Technical Institute shall be obligations of East Arkansas Community College;
    1. Except as provided in subdivision (3)(B) of this section, all records, personnel, property, unexpended balances, and legal authority shall be transferred from Crowley’s Ridge Technical Institute to East Arkansas Community College.
    2. If applicable, the personnel transferred from Crowley's Ridge Technical Institute to East Arkansas Community College shall comply with Acts 2017, No. 94, § 1, as amended by this subchapter; and
  3. All cash fund balances of Crowley's Ridge Technical Institute transferred to East Arkansas Community College shall be used for the operation, support, and improvement of occupational, vocational, technical, and workforce development programs of East Arkansas Community College.

History. Acts 2017, No. 636, § 1.

6-51-1105. Funding from the Work Force 2000 Development Fund.

Beginning on the effective date of a merger under § 6-51-1101(a)(2), funding from the Work Force 2000 Development Fund, which would have been provided to Crowley’s Ridge Technical Institute, shall be provided to East Arkansas Community College to fund workforce development, vocational, occupational, and training programs offered by East Arkansas Community College.

History. Acts 2017, No. 636, § 1.

6-51-1106. Funding from the Federal Adult Basic Education Fund.

Beginning on the effective date of a merger under § 6-51-1101(a)(2), funding from the Federal Adult Basic Education Fund, which would have been provided to Crowley’s Ridge Technical Institute, shall be provided to East Arkansas Community College.

History. Acts 2017, No. 636, § 1.

Chapter 52 Vocational and Technical Training

Subchapter 1 — Arkansas Rehabilitation Services

A.C.R.C. Notes. Acts 2016, No. 194, § 24, provided: “As referenced in Section 1(B) of Act 653 of 2013, and Section 3(c) of Act 1518 and 1519 of 2013, the authorized funding for Pulaski Technical College for renovation, maintenance, critical maintenance, equipment, security enhancements and modifications to assure compliance with the Americans With Disabilities Act (ADA) at the Little Rock — West site, shall be deemed to also include or for renovation, maintenance, critical maintenance, equipment, security enhancements and modifications to assure compliance with the Americans With Disabilities Act (ADA) campus-wide.”

Cross References. Rehabilitation Act of Arkansas, § 20-79-201 et seq.

Effective Dates. Acts 1993, No. 574, § 13: July 1, 1993: Emergency clause provided: “It is hereby found and determined by the General Assembly that the transfer of the Division of Rehabilitation Services of the Department of Human Services to the Arkansas Rehabilitation Services of the State Board of the Vocational Education, Division of Vocational and Technical Education will promote the improvement of rehabilitation services to the citizens of this state, that the efficient operation of state government will be promoted by providing the transfer and shall be effective at the beginning of the next fiscal year. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-52-101. Arkansas Rehabilitation Services.

  1. There is created Arkansas Rehabilitation Services as an entity within the Division of Workforce Services.
  2. The policy and scope of Arkansas Rehabilitation Services shall be to provide increased employment of individuals with disabilities through the provision of individualized training, independent living services, educational and support services, and meaningful opportunities for employment in integrated work settings to maximize employment, economic self-sufficiency, independence, and inclusion and integration into society.
  3. Pursuant to such policy, rehabilitation services shall be provided to citizens throughout the state, and the rehabilitation plan adopted pursuant to this subchapter shall be in effect in all political subdivisions of the state.

History. Acts 1993, No. 574, §§ 1, 2; 2019, No. 910, § 144.

Amendments. The 2019 amendment rewrote (a).

6-52-102. Transfer of authority, property, etc.

  1. All authorities and responsibilities defined in the Rehabilitation Act of Arkansas, § 20-79-201 et seq., shall be administered by Arkansas Rehabilitation Services under the direction of the Division of Workforce Services, except those transferred to the Division of State Services for the Blind by § 25-10-201 et seq.
  2. Any and all statutory authority, powers, duties, functions, records, authorized positions, property, unexpended balances of appropriations, allocations, or other funds transferred from the Division of Rehabilitation Services to the Department of Human Services by § 25-10-102 et seq. are hereby transferred to Arkansas Rehabilitation Services.

History. Acts 1993, No. 574, §§ 3, 6; 2019, No. 910, § 145.

Amendments. The 2019 amendment, in (a), inserted “the Rehabilitation Act of Arkansas” and substituted “Division of Workforce Services” for “State Board of Career Education”; and made stylistic changes.

6-52-103. Powers and duties.

The Arkansas Workforce Development Board, through Arkansas Rehabilitation Services, shall provide the rehabilitation services authorized by this subchapter to eligible physically or mentally disabled individuals and those who can benefit from independent living services, determined by the agency to be eligible therefor, and, in carrying out the purposes of this subchapter, Arkansas Rehabilitation Services is authorized, among other things:

  1. To be the sole state agency to supervise and administer the rehabilitation services authorized by this subchapter except such part or parts as may be administered by a local agency in a political subdivision of the state, in which case Arkansas Rehabilitation Services shall be the sole agency to supervise such local agency in the administration of such part or parts; and
  2. To conduct research and compile statistics relative to the provision of services or the need of services of disabled individuals.

History. Acts 1993, No. 574, § 5; 2019, No. 910, § 146.

Amendments. The 2019 amendment substituted “Arkansas Workforce Development Board” for “State Board of Career Education”; and made stylistic changes.

6-52-104. Eligibility for retirement systems.

All employees of the Arkansas Rehabilitation Services as of July 1, 1993, shall be eligible for membership in the Arkansas Public Employees' Retirement System, Arkansas Teacher Retirement System, or alternate retirement systems. Any such employee who desires to change retirement systems must do so within ninety (90) calendar days after July 1, 1993.

History. Acts 1993, No. 574, § 7.

6-52-105. Office facilities.

Arkansas Building Authority shall ensure that all offices of the Arkansas Rehabilitation Services are exemplary models of accessibility and conform to the ADA Standards for Accessible Design under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.

History. Acts 1993, No. 574, § 9.

Subchapter 2 — Apprenticeship Training Programs

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-52-201. Definitions.

In this subchapter:

  1. “Apprenticeship training program” means a training program that provides on-the-job training, preparatory instruction, supplementary instruction, or related instruction in a trade that has been certified as an apprenticeable occupation by the United States Office of Apprenticeship;
  2. “BAT” means the United States Office of Apprenticeship;
  3. “Coordination committee” means the State Apprenticeship Coordination Steering Committee;
  4. “Preparatory instruction” means a course of instruction lasting six (6) months or less that teaches the basic skills required for an individual to comply with the terms of his or her apprenticeship agreement as required by § 6-52-207;
  5. “Program sponsor” means any person, association, committee, or organization operating an apprenticeship program and in whose name the program is registered or is in the process of registration by the United States Office of Apprenticeship;
  6. “Related instruction” means organized off-the-job instruction in theoretical or technical subjects required for the completion of an apprenticeship program for a particular apprenticeable trade;
  7. “Supplementary instruction” means a course of instruction for persons employed as journeymen craftsmen in an apprenticeable trade that is designed to provide new skills or upgrade current skills; and
  8. [Repealed.]

History. Acts 1989, No. 684, § 1; 2019, No. 910, § 1927.

Amendments. The 2019 amendment repealed the definition for “Vo-Tech”.

6-52-202. Applicability.

The provisions of this subchapter apply only to those apprenticeship training programs which receive state funds pursuant to the provisions of § 6-52-207.

History. Acts 1989, No. 684, § 9.

6-52-203. Rules.

The Office of Skills Development and the State Apprenticeship Coordination Steering Committee shall promulgate rules necessary to implement the provisions of this subchapter.

History. Acts 1989, No. 684, § 7; 2019, No. 910, § 147.

Amendments. The 2019 amendment substituted “Office of Skills Development” for “Department of Career Education”.

6-52-204. State Apprenticeship Coordination Steering Committee.

    1. The Governor shall appoint an apprenticeship and training advisory committee composed of members with the following qualifications:
      1. Two (2) members representing employers of members of apprenticeable trades;
      2. Two (2) members representing bargaining agents for members of apprenticeable trades;
      3. Two (2) members representing the minority and female workforce who have knowledge of apprenticeship and are familiar with the needs of vocational and technical education; and
      4. Two (2) members who teach or immediately supervise preparatory instruction, supplementary instruction, or related instruction courses.
    2. Members of the coordination committee shall serve terms of four (4) years.
    3. Vacancies shall be filled for the unexpired portion of a term vacated.
    4. The Governor shall consult the Office of Skills Development before making an appointment under this subsection.
    5. Appointments made by the Governor under this subsection shall be subject to confirmation by the Senate.
  1. Advisory members of the coordination committee shall include the following:
    1. One (1) person designated by and representing the Office of Skills Development;
    2. One (1) person designated by and representing the Division of Labor;
    3. One (1) person designated by and representing the United States Office of Apprenticeship;
    4. One (1) person designated by and representing the Career and Technical Education Program of the College of Education and Health Professions of the University of Arkansas at Fayetteville; and
    5. One (1) person representing the general public who is familiar with the goals and needs of apprenticeship in Arkansas and who is not otherwise eligible for service on the coordination committee.
    1. The member representing the general public shall be appointed by the Office of Skills Development for a term of four (4) years.
    2. All other nonvoting members of the coordination committee shall serve at the pleasure of the agency or institution each respective member represents.
  2. The apprenticeship coordination steering committee as outlined in this section will become the State Apprenticeship Coordination Steering Committee.

History. Acts 1989, No. 684, § 4; 1999, No. 1323, § 44; 2015, No. 1100, § 5; 2017, No. 540, § 5; 2019, No. 910, §§ 148, 149.

Amendments. The 2015 amendment deleted “The Department of Career Education shall, in collaboration with the Office of Apprenticeship of the United States Department of Labor, recommend to the Governor, and” at the beginning of (a)(1); and added (a)(4) and (5).

The 2017 amendment substituted “Two (2) members” for “Five (5) persons” throughout (a)(1); and deleted “and the United States Department of Labor, Employment and Training Administration, Office of Apprenticeship” following “Career Education” in (a)(4).

The 2019 amendment substituted “Office of Skills Development” for “Department of Career Education” in (b)(1) and (c)(1); and substituted “Division of Labor” for “Department of Labor” in (b)(2).

6-52-205. State Apprenticeship Coordination Steering Committee — Duties.

  1. The State Apprenticeship Coordination Steering Committee shall recommend to the Career Education and Workforce Development Board a statewide plan for the development of a comprehensive program of apprenticeship training which shall include but not be limited to the following:
    1. Formulas and administrative procedures to be used in requesting appropriations of state funds for apprenticeship training;
    2. Forms, formulas, and administrative procedures to be used in distributing available funds to apprenticeship training programs; and
    3. The content and method of the public notice required by this subchapter.
    1. The Office of Skills Development shall furnish the coordination committee with the current data necessary to develop the plan.
    2. All state boards and agencies shall cooperate with the coordination committee and shall furnish information and material on request.
  2. Pursuant to this section, the reporting procedures shall be included in the state plan for apprenticeship.

History. Acts 1989, No. 684, §§ 5, 6; 2019, No. 910, § 150.

Amendments. The 2019 amendment substituted “Office of Skills Development” for “Department of Career Education” in (b)(1).

6-52-206. Recommendations.

  1. Recommendations of the State Apprenticeship Coordination Steering Committee submitted to the Office of Skills Development must be acted on and either accepted or rejected.
  2. A recommendation which is rejected must be returned immediately to the coordination committee, accompanied by written notice of the reasons for rejecting the recommendation.

History. Acts 1989, No. 684, § 8; 2019, No. 910, § 151.

Amendments. The 2019 amendment substituted “Office of Skills Development” for “Department of Career Education” in (a).

6-52-207. Training programs generally.

  1. Under this subchapter, the Director of the Office of Skills Development shall allocate state funds for the support of apprenticeship training programs that meet the criteria stated in this subchapter.
  2. An apprenticeship training program may be cosponsored by a public school district, an education service cooperative, a state postsecondary institution, a vocational-technical school, or a two-year community college pursuant to a contract between the district or institution and an apprenticeship program sponsor.
  3. An apprenticeship training program shall be under the direction of an apprenticeship coordinator appointed by an apprenticeship program sponsor who shall perform the duties stated in § 6-52-208.
    1. Each apprentice participating in an apprenticeship training program shall be given a written apprenticeship agreement by an apprenticeship program sponsor stating the standards and conditions of his or her employment and training.
    2. The apprenticeship agreements are furnished by the United States Office of Apprenticeship.
    1. An apprentice shall not be charged tuition or fees by a public school district or state postsecondary institution.
      1. However, an administrative fee may be charged to cover the costs of processing the records of an apprentice.
      2. The fee allowed under subdivision (e)(2)(A) of this section shall not exceed twenty-five dollars ($25.00) for each course in which the apprentice is enrolled.
    2. The apprentice or an apprenticeship program sponsor may be required to furnish books and special equipment.
    1. Funding for an apprenticeship training program, in addition to any other money available, shall be based on:
      1. Allocation of funds to an apprenticeship program sponsor by the Office of Skills Development, as referred to in subsection (a) of this section; or
      2. Terms of a contract between an apprenticeship program sponsor and a cosponsor, as referred to in subsection (b) of this section.
    2. An apprenticeship program sponsor may charge an apprentice or the employer of the apprentice tuition and fees to cover administrative costs incurred while the apprentice is registered with the apprenticeship program sponsor.
  4. The terms of the contract referred to in subsection (b) of this section shall require without limitation the following in order to effectively administer the apprenticeship training program in a manner consistent with the public's need for skilled workers and the apprentice's need for marketable skills in apprenticeable occupations:
    1. Adequate facilities;
    2. Personnel; and
    3. Resources.
  5. An apprenticeship training program shall be registered with the United States Office of Apprenticeship and the Office of Skills Development.

History. Acts 1989, No. 684, § 2; 2007, No. 617, § 35; 2019, No. 369, § 3; 2019, No. 910, §§ 152, 153.

Amendments. The 2019 amendment by No. 369 substituted “Under” for “Pursuant to the provisions of” in (a); substituted “An apprenticeship training program may” for “A program must” in (b); substituted “An apprenticeship training program shall” for “A program must” in (c), (d)(1), and (h); redesignated (d) as (d)(1) and (d)(2); rewrote (e) and (f)(1); in (f)(2), substituted “An apprenticeship program” for “The program”, and inserted “apprenticeship”; rewrote (g); inserted “of the United States Department of Labor” following “Office of Apprenticeship” in (h); and made stylistic changes.

The 2019 amendment by No. 910 substituted “Office of Skills Development” for “Department of Career Education” in (a) and (h); and substituted “United States Office of Apprenticeship” for “Office of Apprenticeship” in (h).

6-52-208. Duties of apprenticeship program sponsors.

  1. The apprenticeship program sponsor of each apprenticeship training program shall:
    1. Establish standards and goals for preparatory instruction, supplementary instruction, and related instruction for apprentices in the program;
    2. Establish rules governing the on-the-job training and other instruction for apprentices in the program;
    3. Plan and organize instructional materials designed to provide technical and theoretical knowledge and basic skills required by apprentices in the program;
    4. Recommend qualified instructors for the program;
    5. Monitor and evaluate the performance and progress of each apprentice in the program and the program as a whole; and
    6. Interview applicants and select those most qualified for entrance into the program.
  2. A program must provide for the keeping of records of the on-the-job training and progress of each apprentice.
  3. A program must require instructors to maintain recommended qualifications.
  4. A program must perform any other duties which promote the goals of individual apprentices and of the program as a whole.

History. Acts 1989, No. 684, § 3.

Chapter 53 Two-Year Postsecondary Education Reorganization Act of 1991

Subchapter 1 — General Provisions

Effective Dates. Acts 1991, No. 1244, § 43: Apr. 17, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the restructuring of the delivery system of adult education and vocational education in this state is necessary to provide higher quality educational programs which are accessible by all segments of the population in this state; that recent studies have shown that in the year 2000, workers must have a minimum of fourteen (14) years education to function in the work force; that the state is in desperate need of training, retraining and upgrading the work force; that this act will provide a means to establish more institutions working closely with business and industry to provide every citizen with an opportunity to participate in vocational-technical training or college transfer programs within a reasonable driving distance of their homes; that it is necessary for this act to become effective immediately so needed changes can be made prior to the date the institutions contained herein are transferred to the new system. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 854, § 7: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that the restructuring of the delivery system of adult education and vocational education in this state authorized by Act 1244 of 1991 is accomplished in the area of providing for the presidents of the various technical colleges and that it is necessary for this act to become effective immediately to continue the efficient operation of the technical and community college system in Arkansas. Therefore, an emergency is hereby found to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1997, No. 1114, § 18: May 1, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act abolishes the State Board of Higher Education and replaces the board with the Arkansas Higher Education Coordinating Board; and that to provide for an efficient transition and to allow the Governor a sufficient time to make appointments, this act shall become effective May 1, 1997. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on May 1, 1997.”

Acts 2015, No. 955, § 5: Apr. 2, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there are pending mergers involving community colleges; that this act is necessary to facilitate the pending mergers of community colleges; and that this act is immediately necessary because the merger will be finalized before this act would become effective without an emergency clause. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2017, No. 71, § 3: Jan. 30, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that clearly established procedures are a necessary component of a successful merger of a technical college with a four-year institution of higher education or a university system; that clarity is needed in the law regarding the general authority of the board of trustees and the respective roles of a governing board and a board of visitors when a technical college merges with a four-year institution of higher education or a university system; and that this act is immediately necessary to ensure that mergers of a technical college with a four-year institution of higher education or a university system can proceed without confusion as to the role of the respective boards that would otherwise cause harm to the merging institutions. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

6-53-101. Title.

This chapter shall be known as and may be cited as the “Two-Year Postsecondary Education Reorganization Act of 1991”.

History. Acts 1991, No. 1244, § 1.

6-53-102. Purpose.

  1. The purpose of this chapter is to serve as a legislative charter under the authority granted by Arkansas Constitution, Amendment 52, for the establishment, organization, and administration of a system of educational institutions throughout the state offering courses of instruction in:
    1. Technical programs;
    2. Vocational programs;
    3. Adult education programs;
    4. Industry training; and
    5. Two-year college transfer programs.
  2. The system established under this chapter shall provide educational programs which are:
    1. Easily accessible by all segments of the population so that they may benefit from training, retraining, or upgraded training for employment; and
    2. Highly responsive to individuals needing to achieve basic, general, and specialized education to meet the needs of the workplace.
  3. The Arkansas Higher Education Coordinating Board shall serve as the coordinating body of the system in order to assure the orderly and effective development of the publicly supported institutions within the system.

History. Acts 1991, No. 1244, § 2; 1997, No. 1114, § 5.

6-53-103. Definitions.

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

  1. “Branch campus of the community college” means an institution with facilities located apart from the community college campus but within the community college district;
    1. “Capital outlay expense” means those funds devoted to or required for:
      1. The acquisition and improvement of land;
      2. The acquisition, construction, remodeling, alteration, addition, or enlargement of buildings or other structures; and
      3. The initial purchase of library holdings, furniture, apparatuses, and other equipment for a new or expanded facility as defined by the Arkansas Higher Education Coordinating Board.
    2. “Capital outlay expense” excludes those expenses used for maintenance and replacement of equipment and furniture;
  2. “Community college” means an institution of higher education established or to be established under the provisions of this chapter dedicated primarily to the educational needs of the service area and offering a comprehensive program, including, but without limitation, vocational, trade, and technical specialty courses and programs, college transfer courses, and courses in general adult education;
  3. “Department” means the Department of Higher Education;
  4. “District” means the geographic area located within one (1) or more counties or cities or any described combination thereof or any described area which may be in one (1) or more counties or parts of counties but within the same service area which is directly responsible for the local financial support and local administration of an institution located within its service area;
  5. “Existing community college” means a community college established in accordance with the provisions of and presently operating in conformity with Arkansas Constitution, Amendment 52, and §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-401, 6-61-402, 6-61-501 — 6-61-524, and 6-61-601 — 6-61-603;
    1. “Local board” means the governing body of a technical college or community college.
    2. A local board for a community college or a technical college may be the board of trustees of a four-year institution of higher education or the board of trustees of a university system in the case of a merger under § 6-61-520(e) or § 6-53-302(k);
    1. “Operating expense” means those educational and general funds devoted to or required for the regular or ordinary expense of the college, including administrative, maintenance, and salary expenses but excluding capital outlay expenses, student activity expenses, and expenses for intercollegiate athletics.
    2. “Operating expense” includes maintenance and replacement of furniture and equipment, including motor vehicles;
  6. “Satellite campus” means an institution or off-campus facility of a community college located within a service area of a technical or community college but not located within a community college district;
    1. “Service area” means the geographic area assigned by the Arkansas Higher Education Coordinating Board as the area to be served by the institution located within its borders.
    2. Each county in the state shall be assigned to at least one (1) service area;
  7. “State board”, “board”, or “full board” means the Arkansas Higher Education Coordinating Board;
  8. “System institution” means a technical college or community college; and
  9. “Technical college” means an institution of higher education established under this chapter dedicated primarily to the educational needs of the service area and offering a comprehensive program, including, but without limitation, vocational, trade, and technical specialty courses and programs, courses in general adult education, and courses comparable in content and quality to freshman and sophomore courses which may carry transfer credit to a four-year institution in a chosen course of study.

History. Acts 1991, No. 1244, § 3; 1995, No. 576, § 1; 1997, No. 1114, § 6; 2015, No. 955, § 1; 2017, No. 71, § 1.

Amendments. The 2015 amendment redesignated former (7) as (7)(A); and added (7)(B).

The 2017 amendment, in (7)(B), inserted “or a technical college” and added “or § 6-53-302(k)” at the end.

6-53-104. Effect of chapter on existing law.

  1. The procedures and deadlines established in this chapter shall, for the purposes of this chapter, be in lieu of and supersede those set forth in existing laws of this state with respect to the establishment, organization, and administration of vocational-technical postsecondary institutions and community colleges.
  2. Existing laws of this state shall for the purposes of this chapter apply only in those situations which are not specifically provided for in this chapter and, when applied, shall be consistent, insofar as possible, with the purpose, procedures, and deadlines contained in this chapter.

History. Acts 1991, No. 1244, § 37.

6-53-105. Withdrawal or withholding of state funding.

The Arkansas Higher Education Coordinating Board may approve the withdrawal or withholding of state financial and administrative support of any institution in the system under the following conditions:

  1. If an institution fails or refuses to maintain prescribed standards of administration or instruction; or
  2. If an institution fails to achieve accreditation within the time limits prescribed by this chapter.

History. Acts 1991, No. 1244, § 25; 1995, No. 854, § 2.

6-53-106. Licensed blind vendors.

  1. Section 22-3-1301 et seq. grants preference to trained blind individuals in the operation of vending facilities on certain state-owned or leased property. Further, such vending facilities provide productive employment to qualified blind persons resulting in earned income which returns tax dollars to the state. Therefore, it is the specific intent of this section to continue such vending preferences allowed under § 22-3-1301 et seq. with all rights and responsibilities required therein at all vocational-technical schools where they now operate.
  2. Any institutional consolidation resulting from this chapter shall include plans for continuation of vending facilities at the preceding locations subject to § 22-3-1301 et seq.

History. Acts 1991, No. 1244, § 38.

6-53-107. Effect of conversion on employees and directors.

  1. All employees who are employed by state-supported postsecondary vocational-technical schools converting to an institution under the technical and community college system or those employees of a two-year branch campus of a four-year institution converting to a technical or community college shall become employees of the technical or community college, branch campus of the community college, or satellite campus of the community college under this chapter and shall continue their terms of employment and shall have all rights and benefits of employment, including retirement benefits, that they had when employed by the state-supported postsecondary vocational-technical schools or by the two-year branch campus of the four-year institution.
  2. All directors of state-supported postsecondary vocational-technical schools shall continue their terms of employment and shall have all rights and benefits of employment, including retirement benefits, under this chapter and shall remain directors of the institutions resulting from the merger, consolidation, or expansion under this chapter.
  3. Any abolishment of a position in an institution operated as a former state-supported postsecondary vocational-technical school by an institution within the system shall require prior approval of the state board during the five (5) years following the effective date of the merger, consolidation, or expansion.
  4. Nothing in this section shall be interpreted to provide any employee described herein with any employment rights or benefits greater than those employment rights or benefits to which all state employees are entitled.

History. Acts 1991, No. 1244, § 32.

Subchapter 2 — Arkansas Technical and Community College System

Effective Dates. Acts 1991, No. 1244, § 43: Apr. 17, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the restructuring of the delivery system of adult education and vocational education in this state is necessary to provide higher quality educational programs which are accessible by all segments of the population in this state; that recent studies have shown that in the year 2000, workers must have a minimum of fourteen (14) years education to function in the work force; that the state is in desperate need of training, retraining and upgrading the work force; that this act will provide a means to establish more institutions working closely with business and industry to provide every citizen with an opportunity to participate in vocational-technical training or college transfer programs within a reasonable driving distance of their homes; that it is necessary for this act to become effective immediately so needed changes can be made prior to the date the institutions contained herein are transferred to the new system. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 854, § 7: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that the restructuring of the delivery system of adult education and vocational education in this state authorized by Act 1244 of 1991 is accomplished in the area of providing for the presidents of the various technical colleges and that it is necessary for this act to become effective immediately to continue the efficient operation of the technical and community college system in Arkansas. Therefore, an emergency is hereby found to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1997, No. 1114, § 18: May 1, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act abolishes the State Board of Higher Education and replaces the board with the Arkansas Higher Education Coordinating Board; and that to provide for an efficient transition and to allow the Governor a sufficient time to make appointments, this act shall become effective May 1, 1997. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on May 1, 1997.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-53-201. System name.

All two-year institutions and their courses and programs within the jurisdiction of the Arkansas Higher Education Coordinating Board shall be identified and administered as the Arkansas Technical and Community College System.

History. Acts 1991, No. 1244, § 8; 1997, No. 1114, § 7.

6-53-202. [Repealed.]

A.C.R.C. Notes. The repeal of this section by Acts 1997, No. 1114, § 8, superseded the amendment of this section by Acts 1997, No. 540, § 10. The amendment by Acts 1997, No. 540, § 10, updated the section to reflect the new name of the Arkansas Economic Development Commission.

Publisher's Notes. This section, concerning the College Panel of the State Board of Higher Education, was repealed by Acts 1997, No. 1114, § 8. The section was derived from Acts 1991, No. 1244, § 6; 1997, No. 540, § 10.

6-53-203. Duties and powers of Arkansas Higher Education Coordinating Board.

  1. In order to promote a coordinated system of two-year postsecondary education in Arkansas, to provide an effective delivery system for adult education programs, and to assure an orderly and effective development of a system of publicly and locally supported institutions, the Arkansas Higher Education Coordinating Board shall have the following powers and duties:
    1. To function as a coordinating body between the technical and community colleges in the system and the public schools, universities, state colleges, and other educational institutions in Arkansas;
    2. To determine service areas containing all counties within the state and to recommend adoption of such service areas to the full board, which shall designate which system institution within the service area shall be responsible for fulfillment of the two-year postsecondary educational needs of the service area;
      1. To review, evaluate, and coordinate budget requests for the institutions in the system.
        1. The full Arkansas Higher Education Coordinating Board shall present to the General Assembly and to the Governor prior to each regular session of the General Assembly a single budget report containing the recommendations for separate appropriations to each of the respective institutions.
        2. The recommendations will be consistent with a comprehensive master plan of two-year postsecondary education in Arkansas adopted by the Arkansas Higher Education Coordinating Board.
        3. The recommendations, insofar as possible, will be based upon standard techniques of objective measurement of need and unit cost figures arrived at through comparative data secured from the several institutions.
        4. Specific needs of institutions based upon existing programs and deficiencies will be given consideration;
      1. To develop, in conjunction with the institutions, the Governor, and the Legislative Council, a single set of budget forms which will be utilized by all parties in making requests and recommendations for the funding of two-year postsecondary institutions in the system.
      2. The forms and process will require that the total income and expenditures of each institution must be considered in the request process;
    3. To determine, in coordination with the Legislative Joint Auditing Committee, that state funds are used in conformity with the grants of such funds;
    4. To determine a minimum level for student tuition and fees to be charged by institutions within the system in regard to the funding formula;
    5. To plan, in cooperation with the Career Education and Workforce Development Board, the allocation of federal funds for instructional programs and student services, including funds for vocational and technical education, retraining, adult basic education, and general adult education;
    6. To recommend to the General Assembly the location and priorities for establishment or expansion of institutions or for abolition of institutions; and
      1. To develop a standardized method of calculating the full-time equivalent enrollment for use by each two-year postsecondary institution in this state.
      2. Such calculation shall provide for the inclusion of students attending off-campus programs offered by the institution.
  2. The Arkansas Higher Education Coordinating Board shall develop and maintain short-range and long-range plans for providing current and appropriate occupational and technical training for adults and may solicit information for its planning activities from the State Board of Education, the Division of Workforce Services, any industry training program of the state, any apprenticeship training program of the state, and other state agencies, institutions, and departments.
  3. The Arkansas Higher Education Coordinating Board shall have approval or disapproval authority over all future conversions of state-supported postsecondary vocational-technical institutions to technical colleges and all consolidations of postsecondary vocational-technical institutions with community colleges or four-year institutions or their branches which must be authorized by the General Assembly.
  4. The Arkansas Higher Education Coordinating Board shall recommend and review proposals for the establishment of curricula and for major changes in curricula of institutions within the system. It shall emphasize flexibility in responding to local business and industry needs.
    1. The Arkansas Higher Education Coordinating Board shall define the requirements of appropriate degrees and certificates and authorize the award thereof in the institutions within the system.
    2. The Arkansas Higher Education Coordinating Board shall approve all degree programs at the associate degree level or above at any state-supported postsecondary institution, including those established and administered under § 6-51-701 et seq.
  5. The Arkansas Higher Education Coordinating Board shall cooperate with the board of directors of any school district to encourage the use and sharing of facilities and staff in the offering of secondary vocational programs, including instruction in agricultural subjects, trades, or industrial subjects.

History. Acts 1991, No. 1244, § 7; 1995, No. 854, § 3; 1997, No. 1114, § 9; 2019, No. 910, § 154.

Amendments. The 2019 amendment substituted “Division of Workforce Services” for “Department of Workforce Services” in (b).

Case Notes

Cited: Hadley v. North Ark. Cmty. Tech. College, 76 F.3d 1437 (8th Cir. 1996).

6-53-204. [Repealed.]

Publisher's Notes. This section, concerning the Office of Accountability, was repealed by Acts 1999, No. 479, § 1. The section was derived from Acts 1991, No. 1244, § 9; 1997, No. 112, § 14.

6-53-205. College transfer program approval.

  1. The Arkansas Higher Education Coordinating Board shall develop a plan to maximize transfer credits of students from institutions within the system, including the development of a core transfer program for students desiring to obtain a baccalaureate degree after transferring from an institution within the two-year system to the four-year system.
  2. All programs and curricula in the college transfer program shall be subject to the approval or disapproval of the Arkansas Higher Education Coordinating Board.
  3. The board shall develop, with the assistance of institutional advisory committees, policies for transfer students from technical and community colleges to four-year institutions.

History. Acts 1991, No. 1244, § 10.

6-53-206. Equipment pool.

The Division of Higher Education, in coordination with the institutions, shall develop an effective means of pooling surplus equipment for redistribution to other institutions. Such equipment pool arrangement may include the crediting of equipment values to the institution for equipment acquired from a source other than the state.

History. Acts 1991, No. 1244, § 11; 2019, No. 910, § 1928.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in the first sentence.

6-53-207. Capital outlays.

  1. Unless exempted under the provisions of § 19-4-522, any expenditure of State Treasury funds for capital outlay expenses or construction costs, as set forth in § 19-4-524, of an institution within the system shall be subject to the prior approval of the General Assembly upon the recommendation of the Arkansas Higher Education Coordinating Board.
  2. Except those funds allocated under the College Savings Bond Act of 1989, § 6-62-701 et seq., or provided during the 1991-1993 biennium, prior to the withdrawal of state funds from the State Treasury for use in approved capital outlays, the board shall obtain and transmit to the Chief Fiscal Officer of the State a certificate from the chair of the local board of the technical or community college stating that a minimum of fifty percent (50%) of each project cost has been provided by local funds.
  3. No state moneys appropriated for general operating expenses of an institution shall be used for capital outlay expenses.
  4. Capital outlay expenses shall be paid from gifts, grants, profits from auxiliary enterprises, tuition, fees, local millages, and other local funds and may be paid from state funds appropriated for such purposes.
  5. Revenues derived from any local sales and use tax levied under § 26-74-201 et seq., § 26-74-301 et seq., § 26-75-201 et seq., or § 26-75-301 et seq., may be used to finance capital outlay expenses for institutions of higher education.

History. Acts 1991, No. 1244, § 12; 1993, No. 423, § 3.

A.C.R.C. Notes. Pursuant to § 1-2-207, this section is set out above as amended by Acts 1993, No. 423, § 3.

Acts 1993, No. 382, § 1 also amended subsection (d) to read:

“Capital outlay expenses shall be paid from gifts, grants, profits from auxiliary enterprises, local millages, and other local funds, including unexpended cash funds from previous years' general operating budgets and may be paid from state funds appropriated for such purposes.”

6-53-208. [Repealed.]

Publisher's Notes. This section, concerning student tuition and fees, was repealed by Acts 1999, No. 1107, § 1. The section was derived from Acts 1991, No. 1244, § 26.

6-53-209. Interim accreditation and governance.

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

History. Acts 1991, No. 1244, § 18; 2015, No. 865, § 4.

Amendments. The 2015 amendment substituted “an accrediting agency recognized by the federal Department of Education” for “the Higher Learning Commission” or “the commission” throughout the section; substituted “may” for “is hereby authorized to” in (a) and (c); inserted designations (d)(1) and (2); substituted “Until” for “Until such time as” in (d)(1); in (d)(2), deleted “Therefore” at the beginning, substituted “shall” for “must,” substituted “an institution” for “those institutions” twice, and deleted “further, must” preceding “provide”; and, in (f), substituted “If a consolidation plan is not” for “Should any consolidation plan fail to be” and substituted “§ 6-53-301(f)” for “the provision of § 6-53-301(g).”

6-53-210. Transfers to system after July 1, 1991.

  1. Following July 1, 1991, any existing postsecondary vocational-technical school transferring to the Arkansas Technical and Community College System shall do so only upon approval by the General Assembly and the recommendation of the Arkansas Higher Education Coordinating Board.
  2. Upon completion of the transfer to the system, the institution shall be subject to the same laws, procedures, and rules as all other institutions under the jurisdiction of the board.

History. Acts 1991, No. 1244, § 35; 2019, No. 315, § 353.

Amendments. The 2019 amendment substituted “and rules” for “rules, and regulations” in (b).

Subchapter 3 — Administration

Effective Dates. Acts 1991, No. 1244, § 43: Apr. 17, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the restructuring of the delivery system of adult education and vocational education in this state is necessary to provide higher quality educational programs which are accessible by all segments of the population in this state; that recent studies have shown that in the year 2000, workers must have a minimum of fourteen (14) years education to function in the work force; that the state is in desperate need of training, retraining and upgrading the work force; that this act will provide a means to establish more institutions working closely with business and industry to provide every citizen with an opportunity to participate in vocational-technical training or college transfer programs within a reasonable driving distance of their homes; that it is necessary for this act to become effective immediately so needed changes can be made prior to the date the institutions contained herein are transferred to the new system. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 854, § 7: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that the restructuring of the delivery system of adult education and vocational education in this state authorized by Act 1244 of 1991 is accomplished in the area of providing for the presidents of the various technical colleges and that it is necessary for this act to become effective immediately to continue the efficient operation of the technical and community college system in Arkansas. Therefore, an emergency is hereby found to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1997, No. 481, § 6: Mar. 13, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act is needed to immediately build facilities, without which education needs and facilities may be jeopardized. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 918, § 5: Mar. 28, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that public institutions of higher education are in desperate need of additional funding; that one method of providing additional funding is through the use of county sales and use taxes; that this act authorizes the use of county sales and use taxes to be used in part for capital improvements to and the maintenance and operations of public institutions of higher education located within the county; and that this act should go into effect as soon as possible in order to provide additional revenues to the institutions of higher education as soon as possible. Therefore, an emegency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1114, § 18: May 1, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act abolishes the State Board of Higher Education and replaces the board with the Arkansas Higher Education Coordinating Board; and that to provide for an efficient transition and to allow the Governor a sufficient time to make appointments, this act shall become effective May 1, 1997. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on May 1, 1997.”

Acts 2009, No. 82, § 2: Feb. 9, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that current Arkansas law unfairly limits the possible candidates for appointments to the local boards of trustees of technical colleges and that the law should be revised as soon as possible to increase the pool of candidates for these positions. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) the date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill; (3) If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2009, No. 1480, § 117: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act makes various revisions to Arkansas election laws that are designed to improve the administration of elections and special elections and that these revisions should be implemented as soon as possible so that the citizens of this state may benefit from improved election procedures. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) the date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2017, No. 71, § 3: Jan. 30, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that clearly established procedures are a necessary component of a successful merger of a technical college with a four-year institution of higher education or a university system; that clarity is needed in the law regarding the general authority of the board of trustees and the respective roles of a governing board and a board of visitors when a technical college merges with a four-year institution of higher education or a university system; and that this act is immediately necessary to ensure that mergers of a technical college with a four-year institution of higher education or a university system can proceed without confusion as to the role of the respective boards that would otherwise cause harm to the merging institutions. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-53-301. Arkansas Technical and Community College System.

    1. The Arkansas Higher Education Coordinating Board shall designate the following institutions as technical colleges which shall become part of the Arkansas Technical and Community College System under the coordination of the Arkansas Higher Education Coordinating Board:
      1. Black River Technical College, Pocahontas;
      2. Arkansas State University Mid-South, West Memphis;
      3. North Arkansas College, Harrison;
      4. Ozarka College, Melbourne;
      5. South Arkansas Community College, El Dorado;
      6. Southeast Arkansas College, Pine Bluff;
      7. Cossatot Community College of the University of Arkansas, De Queen;
      8. University of Arkansas — Pulaski Technical College, North Little Rock;
      9. University of Arkansas Community College at Batesville, Batesville;
      10. University of Arkansas Hope-Texarkana, Hope; and
      11. University of Arkansas Community College at Morrilton, Morrilton.
    2. None of these institutions shall have the authority to request the Arkansas Higher Education Coordinating Board's approval for associate degree programs before July 1, 1993.
  1. A technical college may be expanded to offer courses of instruction in technical, vocational, and adult education programs and college transfer programs and may, upon a vote of the electorate, create a community college district and, if necessary, impose a millage to convert to a community college.
  2. Until the institution elects to become a community college, the institution shall be known as a technical college.
  3. Upon the appointment of the local board, all records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the state-supported postsecondary vocational-technical institutions shall be transferred to the local board.
  4. The local board shall be responsible for the administration and operation of the institution and shall be further responsible for the provision of services to meet the two-year postsecondary educational needs of those citizens located within the service area of the institution.
    1. Any technical college which fails to achieve higher education institutional accreditation from the Higher Learning Commission within eight (8) years following the date of transfer under subsection (d) of this section shall be abolished by the Arkansas Higher Education Coordinating Board.
    2. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the technical college shall be transferred to the Division of Higher Education.
      1. Black River Technical College;
      2. Cossatot Community College;
      3. University of Arkansas Community College at Batesville;
      4. Mid-South Community College;
      5. South Arkansas Community College;
      6. South Arkansas Community College;
      7. University of Arkansas Community College at Morrilton;
      8. Southeast Arkansas College;
      9. Pulaski Technical College;
      10. University of Arkansas Community College at Hope; and
      11. North Arkansas College.

History. Acts 1991, No. 1244, § 19; 1993, No. 423, § 4; 1995, No. 603, § 2; 1997, No. 1114, § 10; 2019, No. 910, § 1929.

A.C.R.C. Notes. The list of institutions in subsection (a) reflects the names before the redesignation under this section and subsequent changes. The following list reflects the current names of these institutions:

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (f)(2).

6-53-302. Local administration — Technical colleges.

  1. Each technical college established or operated under this chapter shall be governed by a local board of trustees consisting of seven (7) members who shall be appointed by the Governor and subject to the confirmation of the Senate.
  2. The term of office of local board members shall be seven (7) years.
  3. Members of the local board shall be qualified electors of the service area of the technical college and knowledgeable in business, labor, industry, or economic development.
    1. A person shall not serve as a member of the local board if the person is:
      1. A candidate for public office;
      2. A holder of public office in the state;
      3. A licensed or nonlicensed employee of a public school district;
      4. A classified or nonclassified employee of:
        1. A community college;
        2. A vocational school;
        3. A technical school; or
        4. An institution of higher education; or
      5. A member of a board of trustees of a:
        1. School district;
        2. Community college; or
        3. Institution of higher education.
    2. A person shall not serve as a member of the local board if the person's spouse is:
      1. A candidate for public office;
      2. A holder of public office in the state;
      3. A classified or nonclassified employee of the technical college for which the person would serve as a member of the local board; or
      4. A member of the board of trustees of the technical college for which the person would serve as a member of the local board.
  4. When a vacancy occurs in the membership of the local board, the president of the technical college shall notify the Governor, who shall appoint a successor to the person who vacated membership, who will serve the unexpired term of the person succeeded.
  5. The powers and duties of the local board shall be as follows:
    1. To acquire, hold, and transfer real and personal property, to enter into contracts, to institute and defend legal actions and suits, and to exercise such other rights and privileges as may be necessary for the management and administration of the technical college;
    2. To appoint the president of the technical college;
    3. To appoint, upon nomination of the president, members of the administrative and teaching staffs;
    4. To determine, with the approval of the Arkansas Higher Education Coordinating Board, the educational program of the technical college; and
    5. Other powers and duties as provided in this chapter and as delegated to it by the Arkansas Higher Education Coordinating Board.
  6. The local board shall select a chair and such other officers as are necessary for the performance of its duties.
  7. The local board may make rules not inconsistent with the provisions of this chapter or inconsistent with the rules of the Arkansas Higher Education Coordinating Board as are necessary for the proper administration and operation of the technical college.
  8. The local board may contract with the Division of Career and Technical Education, with a nonprofit organization, or with a local school board within its service area to offer secondary level general academic and vocational and technical courses and programs or adult literacy courses, or both.
    1. The local board of a technical college may contract with a municipality for:
      1. The transfer of real property, including any buildings or structures thereon from the college to the municipality;
      2. Any or all of the following:
        1. The construction, repair, and renovation of buildings or structures;
        2. The construction of additions to buildings or structures; and
        3. The provision of equipment, apparatuses, library materials, and fixtures for the buildings or structures by the municipality; and
        1. The long-term lease of at least fifty (50) years of the buildings or structures by the municipality to the college for nominal monetary and other valuable consideration.
        2. The leased building or structure shall be utilized by the college for educational and technical educational purposes.
    2. The college may expend funds under the Arkansas Existing Workforce Training Act of 1995, § 6-50-701 et seq., and the Arkansas College Savings Bond Act of 1989, § 6-62-701 et seq., and the college and the municipality may expend any other funds available pursuant to applicable law for the purposes set out in this subsection and for the operation of the facility or structure if the college receives a long-term lease of at least fifty (50) years.
    3. If pursuant to subdivision (j)(1) of this section the college receives a long-term lease of at least fifty (50) years, the college and the municipality are authorized jointly to do any or all of the following:
      1. Construct, repair, and renovate buildings or structures;
      2. Construct additions to buildings or structures; and
      3. Provide equipment, apparatus, library materials, and fixtures for the buildings or structures.
      1. After a merger between a technical college and a four-year institution of higher education or a university system, control of the technical college shall be vested in the board of trustees of the four-year institution of higher education or the board of trustees of the university system.
      2. The board of trustees of the four-year institution of higher education or the board of trustees of the university system shall perform the functions, duties, and responsibilities of the former governing board of the technical college.
    1. After a merger under subdivision (k)(1) of this section, the former governing board of the technical college shall become a board of visitors performing the functions as determined by the board of trustees of the four-year institution of higher education or the board of trustees of the university system.
    2. Members of the board of visitors shall:
      1. Be appointed by the Governor subject to the confirmation of the Senate;
      2. Serve terms of seven (7) years;
      3. Possess the qualifications under subsection (c) of this section; and
      4. Be subject to the restrictions under subsection (d) of this section.

History. Acts 1991, No. 1244, § 17; 1995, No. 854, § 1; 1997, No. 481, § 1; 2009, No. 82, § 1; 2013, No. 1138, § 79; 2017, No. 71, § 2; 2019, No. 315, § 354; 2019, No. 910, § 1930.

Amendments. The 2009 amendment rewrote (d).

The 2013 amendment substituted “licensed or nonlicensed” for “certified or noncertified” in (d)(1)(C).

The 2017 amendment added (k).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” twice in (h).

The 2019 amendment by No. 910 substituted “Division of Career and Technical Education” for “Department of Career Education” in (i).

6-53-303. Institution presidents.

  1. The president of the technical or community college shall serve at the pleasure of the local board.
  2. A person currently appointed and serving as a president of existing community colleges or a chancellor of a two-year branch of a four-year institution which might transfer to the Arkansas Technical and Community College System shall continue his or her terms of employment and shall have all rights and benefits of employment.
  3. When a vacancy occurs in the office of president of a technical or community college in the system, the local board shall select the new president.

History. Acts 1991, No. 1244, § 27; 1999, No. 478, § 4.

6-53-304. Student tuition — Fees.

  1. The intent of this chapter is to make technical and community college programs available to as many citizens of Arkansas as possible. To this end, tuition and fees should be maintained at a reasonable level so as not to exclude citizens because of cost.
  2. The local board shall determine the minimum student tuition and fees to be charged by institutions within the system.
  3. The local board shall set both in-district and out-of-district student tuition and fees for each institution within its service area. Students residing outside a community college district may be subject to extra tuition and fees.

History. Acts 1991, No. 1244, § 26; 1999, No. 1107, § 2.

6-53-305. Transportation.

A technical or community college may establish and operate a transportation system for students within the service area of the institution assigned by the Arkansas Higher Education Coordinating Board.

History. Acts 1991, No. 1244, § 16.

6-53-306. Coordination with secondary vocational-technical education and literacy programs.

Upon the approval of the Arkansas Higher Education Coordinating Board, the local board may contract with the Division of Career and Technical Education, a nonprofit organization, or a local school district board of directors within its service area to offer secondary-level vocational and technical courses and programs, adult literacy courses, and industry training.

History. Acts 1991, No. 1244, § 14; 2019, No. 910, § 1931.

Amendments. The 2019 amendment substituted “Division of Career and Technical Education” for “Department of Career Education”.

6-53-307. County support of technical colleges.

    1. Any county quorum court may designate all or any portion of any undedicated county sales or use tax to be used for capital improvements to or the maintenance and operation of any technical college, two-year college, community college, or satellite campus of a community college.
      1. In the alternative, the quorum court may refer to a vote of the people at any general or special election the issue of dedicating all or a portion of any undedicated county sales or use tax to any technical college, community college, two-year college, or satellite campus of a community college to be used for capital improvements to or the maintenance and operation of the technical college, community college, two-year college, or satellite campus of a community college.
      2. If the voters dedicate all or a portion of the tax, it shall remain so dedicated until the voters decide otherwise.
  1. When the quorum court calls an election on the issue of the levy of any county sales or use tax, it may also cause to be placed on the ballot the issue of dedicating all or a portion of the tax for capital improvements to or the maintenance and operation of any technical college, community college, two-year college, or satellite campus of a community college.
  2. If a technical college, community college, two-year college, or satellite campus of a community college for which a tax is dedicated or levied under this section thereafter becomes a branch of an existing institution of higher education, the tax dedicated or levied under this section shall continue to be dedicated and levied for the use and benefit of the branch unless reduced or repealed as authorized under this section.
  3. A county sales or use tax dedicated or levied under this section may also be dedicated or levied in part for capital improvements to or the maintenance and operation of any public institution of higher education located in the county.
  4. Any election called by the quorum court pursuant to this section shall be called pursuant to the proclamation issued by the quorum court and held in accordance with § 7-11-201 et seq.

History. Acts 1993, No. 867, §§ 1-4; 1995, No. 576, § 2; 1997, No. 918, § 1; 1999, No. 818, § 1; 2005, No. 2145, § 6; 2007, No. 1049, § 8; 2009, No. 1480, § 6.

Amendments. The 2009 amendment substituted “§ 7-11-201 et seq.” for “§ 7-5-103(b)” in (e).

6-53-308. Municipal contracts.

  1. The local board of a community college may contract with a municipality for:
    1. The transfer of real property, including any buildings or structures thereon from the college to the municipality;
    2. Any or all of the following:
      1. The construction, repair, and renovation of buildings or structures;
      2. The construction of additions to buildings or structures; and
      3. The provision of equipment, apparatus, library materials, and fixtures for the buildings or structures by the municipality; and
      1. The long-term lease of at least fifty (50) years of the buildings or structures by the municipality to the college for nominal monetary and other valuable consideration.
      2. The leased building or structure shall be utilized by the college for educational purposes.
  2. The college may expend funds under the Arkansas College Savings Bond Act of 1989, § 6-62-701 et seq., and the college and the municipality may expend any other funds available pursuant to applicable law for the purposes set out in this section and for the operation of the facility or structure if the college receives a long-term lease of at least fifty (50) years.
  3. If, pursuant to subsection (a) of this section, the college receives a long-term lease of at least fifty (50) years, the college and the municipality are authorized jointly to do any or all of the following:
    1. Construct, repair, and renovate buildings or structures;
    2. Construct additions to buildings or structures; and
    3. Provide equipment, apparatus, library materials, and fixtures for the buildings or structures.

History. Acts 1997, No. 481, § 2.

Subchapter 4 — Conversions and Consolidations

Effective Dates. Acts 1991, No. 1244, § 43: Apr. 17, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the restructuring of the delivery system of adult education and vocational education in this state is necessary to provide higher quality educational programs which are accessible by all segments of the population in this state; that recent studies have shown that in the year 2000, workers must have a minimum of fourteen (14) years education to function in the work force; that the state is in desperate need of training, retraining and upgrading the work force; that this act will provide a means to establish more institutions working closely with business and industry to provide every citizen with an opportunity to participate in vocational-technical training or college transfer programs within a reasonable driving distance of their homes; that it is necessary for this act to become effective immediately so needed changes can be made prior to the date the institutions contained herein are transferred to the new system. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 1114, § 18: May 1, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act abolishes the State Board of Higher Education and replaces the board with the Arkansas Higher Education Coordinating Board; and that to provide for an efficient transition and to allow the Governor a sufficient time to make appointments, this act shall become effective May 1, 1997. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on May 1, 1997.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-53-401. Coordination with institutional boards of trustees.

A merger or consolidation of a state-supported postsecondary vocational-technical institution with an existing community college, with a branch campus of a four-year institution, or with a four-year institution, is subject to the approval of the:

  1. Board of directors or board of trustees of the existing community college or four-year institution; and
  2. Arkansas Higher Education Coordinating Board.

History. Acts 1991, No. 1244, § 13; 2015, No. 865, § 5; 2017, No. 636, § 5.

Amendments. The 2015 amendment substituted “A merger or consolidation” for “All future mergers or consolidations,” substituted “is” for “shall be,” and substituted “an accrediting agency recognized by the federal Department of Education” for “the Higher Learning Commission.”

The 2017 amendment deleted “board of trustees of the institution, the Arkansas Higher Education Coordinating Board, and an accrediting agency recognized by the federal Department of Education” following “approval of the” at the end of the introductory language; added (1) and (2); and made a stylistic change.

6-53-402. Two-year branches — Conversion to technical college.

  1. A board of trustees of a four-year institution may, by resolution or when requested, petition the Arkansas Higher Education Coordinating Board to accept a two-year branch campus to be a technical college under the Arkansas Higher Education Coordinating Board's jurisdiction.
  2. Upon approval by the Arkansas Higher Education Coordinating Board and an accrediting agency recognized by the United States Department of Education and upon assignment of a service area for the institution, the two-year branch campus shall be known as a technical college.
  3. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the two-year branch campus shall be transferred to the Arkansas Higher Education Coordinating Board until a local board is appointed.
  4. Upon the appointment of a local board, all records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the technical college shall be transferred to the local board.
  5. The local board shall be responsible for the administration and operation of the technical college and such other state-supported institutions within the system located in the service area designated by the Arkansas Higher Education Coordinating Board as necessary to adequately meet the two-year postsecondary educational needs of those citizens located within the service area assigned to the technical college.
  6. Upon the establishment of the technical college, the two-year branch of the four-year institution shall be abolished.
    1. A technical college established under this section that fails to achieve higher education institutional accreditation from an accrediting agency recognized by the United States Department of Education within eight (8) years following the date of conversion shall be abolished by the Arkansas Higher Education Coordinating Board.
    2. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the technical college shall be transferred to the Division of Higher Education.
    1. No state-supported vocational and technical institution in this state other than those provided for by this chapter shall convert to become a technical college if there is an existing community college located within the same county as the vocational and technical institution.
    2. The local board of any state-supported postsecondary institution and the board of a community college located within the same county, upon passage of a resolution by each board and with the approval by the Arkansas Higher Education Coordinating Board and an accrediting agency recognized by the United States Department of Education, may merge the state-supported postsecondary institution with the community college.

History. Acts 1991, No. 1244, §§ 15, 21; 1991, No. 1246, § 11; 1995, No. 603, § 1; 2015, No. 865, §§ 6-8; 2019, No. 910, § 1932.

Amendments. The 2015 amendment substituted “an accrediting agency recognized by the federal Department of Education” for “the Higher Learning Commission” in (b); and substituted “an accrediting agency recognized by the federal Department of Education” for “the commission” in (g)(1) and (h)(2).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (g)(2).

6-53-403. Technical colleges and two-year branches — Conversion to community college.

    1. The procedures for the conversion of a technical college or a two-year branch campus of a four-year institution to a community college shall, except as set forth herein, be the same as those in § 6-61-101 et seq. concerning formation of a community college district, and the provisions of this section shall be cumulative to the laws of this state governing the creation and operation of community colleges.
    2. Any postsecondary vocational-technical school which converts to a technical college under the provisions of this chapter or any two-year branch campus whose board of trustees petitions the Arkansas Higher Education Coordinating Board under this chapter shall be exempt from § 6-61-509(c), limiting the maximum number of community college districts in this state to eight (8), and may hereafter convert to become a community college with the approval of the Arkansas Higher Education Coordinating Board.
  1. Prior to the election, the Arkansas Higher Education Coordinating Board shall assist any group of citizens representing a proposed community college district within the service area containing the technical college in determining the feasibility of the proposed district and the adequacy of the proposed millage levy, if any.
  2. A board of trustees of a four-year institution shall when requested petition the Arkansas Higher Education Coordinating Board to authorize an election for a two-year branch campus of the four-year institution to become a community college.
    1. If a two-year branch campus of a four-year institution exists in the same county as either a postsecondary vocational-technical institution or a technical college, the question on the ballot for formation of a community college district shall include the establishment of a community college composed of the two-year branch campus of the four-year institution and the postsecondary vocational-technical institution or technical college.
    2. In the event that an election is called for the formation of a community college district which includes the formation of a community college composed of a two-year branch campus of a four-year institution and a technical college or a postsecondary vocational-technical institution, the costs of the election shall be paid for by the institutions which will comprise the community college.
        1. Following the conversion of a technical college to a community college, the members of the local board of the technical college shall become members of the community college board, with two (2) additional board members to be appointed by the Governor.
        2. The Arkansas Higher Education Coordinating Board shall then draw lots, with three (3) lots for two-year terms, three (3) lots for four-year terms, and three (3) lots for six-year terms.
      1. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the technical college shall be transferred to the local board of the community college.
    1. Upon the selection of the local board of the community college following the conversion of a two-year branch campus to a community college, the board of trustees of the four-year institution shall transfer all records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the two-year branch to the local board of the community college.
  3. Except as set forth otherwise in this chapter, the local board shall have the same powers and duties as those enumerated in § 6-61-101 et seq.
  4. The local board of the community college shall be responsible for the administration and operation of all satellite campuses.
  5. No millage tax of the community college district shall be used for capital outlay expense or operating expense of a satellite campus.
  6. Upon the establishment of the community college, the postsecondary vocational-technical institution, the technical college, and the two-year branch of the four-year institution shall be abolished.
    1. Any community college established under this section which fails to achieve higher education institutional accreditation from the Higher Learning Commission within eight (8) years following the date of conversion shall be abolished by the Arkansas Higher Education Coordinating Board.
    2. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the community college shall be transferred to the Division of Higher Education.

History. Acts 1991, No. 1244, § 22; 1991, No. 1246, § 11; 1993, No. 423, §§ 5, 6; 1995, No. 603, § 3; 1997, No. 1114, § 11; 2019, No. 910, § 1933.

A.C.R.C. Notes. Acts 1999, No. 1400, § 30, provided that:

“SALARY ADJUSTMENT. In the event that any postsecondary vocational institution merges with a contiguous community college, the director of the vocational institute shall become eligible for a $10,000 increase in annual salary and the assistant director shall become eligible for a $5,000 increase in annual salary following such a merger.”

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (j)(2).

6-53-404. Technical colleges — Acceptance as branch campus of community college.

  1. A board of trustees of a community college may, by resolution or when requested, petition the Arkansas Higher Education Coordinating Board to accept a technical college located in the same service area to be a branch campus of the community college.
  2. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the above-listed state-supported institutions within the service area of the community college shall be transferred to the local board.
  3. The local board of the community college shall be responsible for the administration and operation of all state-supported postsecondary vocational-technical institutions located within its service area and consolidated by this chapter.
    1. Until such time as territory containing the vocational-technical institution is joined to the community college district, the institution shall be operated as and known as a satellite campus of the community college.
    2. In cases where the vocational-technical institution is located within the community college district, upon consolidation, such institution shall be known as a branch campus of the community college, or if situated in close proximity to an existing community college campus no name distinction need be made for such institution.
  4. No millage tax of the community college district shall be used for capital outlay expense or operating expense of a satellite campus.
  5. The procedures for reconstituting districts under § 6-61-518 shall be followed to join additional territory containing the satellite campus to the existing community college district.
  6. Following the passage of the question to join territory containing the satellite campus to the existing community college district or to impose an additional millage for the community college district, the institution shall be known as a branch campus of the community college.
    1. Any satellite campus of a community college which fails to become a branch campus of the community college or which fails to achieve higher education institutional accreditation from the Higher Learning Commission within eight (8) years following the date of transfer under subsection (b) of this section shall be abolished by the Arkansas Higher Education Coordinating Board.
    2. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the satellite campus shall be transferred to the Division of Higher Education.

History. Acts 1991, No. 1244, § 20; 1995, No. 603, § 4; 2019, No. 910, § 1934.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (h)(2).

6-53-405. Consolidations.

    1. As provided in this chapter or upon approval of the Career Education and Workforce Development Board, the board of trustees of the receiving institution, the Arkansas Higher Education Coordinating Board, and an accrediting agency recognized by the United States Department of Education, the Arkansas Higher Education Coordinating Board may consolidate a state-supported vocational-technical institution with a four-year institution or a two-year branch campus of a four-year institution.
    2. Following approval by an accrediting agency recognized by the United States Department of Education, the Arkansas Higher Education Coordinating Board, upon approval of the board of trustees of the receiving institution, shall consolidate the following state-supported vocational-technical institutions and four-year institutions or two-year branch campuses of a four-year institution: White River Vocational-Technical School with Arkansas State University-Beebe.
  1. The board of trustees of the four-year institution which receives a state-supported institution shall be responsible for the administration and operation of the state-supported institution.
  2. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the state-supported institution shall be transferred to the board of trustees.

History. Acts 1991, No. 1244, § 23; 2015, No. 865, § 9; 2017, No. 275, § 6.

Amendments. The 2015 amendment substituted “an accrediting agency recognized by the federal Department of Education” for “the Higher Learning Commission thereafter” in (a)(1); and substituted “an accrediting agency recognized by the federal Department of Education” for “the commission” in (a)(2).

The 2017 amendment substituted “Arkansas Higher Education Coordinating Board” for “board” preceding “may consolidate” in (a)(1); and substituted “Arkansas Higher Education Coordinating Board” for “board” in (a)(2).

Subchapter 5 — Grants for Tech-Prep Education

Effective Dates. Acts 1991, No. 1244, § 43: Apr. 17, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the restructuring of the delivery system of adult education and vocational education in this state is necessary to provide higher quality educational programs which are accessible by all segments of the population in this state; that recent studies have shown that in the year 2000, workers must have a minimum of fourteen (14) years education to function in the work force; that the state is in desperate need of training, retraining and upgrading the work force; that this act will provide a means to establish more institutions working closely with business and industry to provide every citizen with an opportunity to participate in vocational-technical training or college transfer programs within a reasonable driving distance of their homes; that it is necessary for this act to become effective immediately so needed changes can be made prior to the date the institutions contained herein are transferred to the new system. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

6-53-501. Definitions.

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

  1. “Articulation agreement” means a commitment to a program designed to provide students with a nonduplicative sequence of progressive achievement leading to competencies in a tech-prep education program or in college transfer programs;
  2. “Tech-prep education program” means a combined secondary and postsecondary program which:
    1. Leads to an associate of applied science or other occupational degree or two-year certificate;
    2. Provides technical preparation in at least one (1) field of engineering technology, applied science, mechanical, industrial, or practical art or trade, or agriculture, health, or business;
    3. Builds student competence in mathematics, science, and communications, including through applied academics, through a sequential course of study; and
    4. Leads to placement in employment.

History. Acts 1991, No. 1244, § 29.

6-53-502. Grants for tech-prep education.

  1. The Arkansas Higher Education Coordinating Board and the State Board of Career Education shall jointly award grants for tech-prep education programs to consortia of:
    1. Public schools or area vocational education schools serving secondary school students; and
    2. Community colleges which offer a two-year associate degree program or a two-year certificate program; or
    3. Other state-supported institutions of higher education which offer a two-year associate of applied science or other occupational degree program or a two-year certificate program.
  2. From the amounts made available to the state, the Arkansas Higher Education Coordinating Board and the State Board of Career Education, in accordance with this subchapter, shall jointly award grants on a competitive basis or on the basis of a formula determined by both boards, for tech prep education programs.
  3. Each grant recipient shall use amounts provided under the grant to develop and operate a four-year tech-prep education program.
  4. Any such program shall:
    1. Be carried out under an articulation agreement between the participants in the consortium;
    2. Consist of:
      1. The two (2) years of secondary school preceding graduation and two (2) years of higher education; or
      2. An apprenticeship program of at least two (2) years following secondary instruction, with a common core of required proficiency in mathematics, science, communications, and technologies designed to lead to an associate degree or certificate in a specific career field;
    3. Include in-service training for teachers that:
      1. Is designed to train teachers to effectively implement tech-prep education curricula;
      2. Provides for joint training for teachers from all participants in the consortium; and
      3. May provide such training in weekend, evening, and summer sessions, institutes, or workshops;
    4. Include training programs for counselors designed to enable counselors to more effectively:
      1. Recruit students for tech-prep education programs;
      2. Ensure that such students successfully complete such programs; and
      3. Ensure that such students are placed in appropriate employment;
    5. Provide equal access to the full range of technical preparation programs to individuals who are members of special populations, including the development of tech-prep education program services appropriate to the needs of such individuals; and
    6. Provide for preparatory services which assist all participants in such programs.
  5. In addition, each such program may:
    1. Provide for the acquisition of tech-prep education program equipment; and
    2. As part of the program's planning activities, acquire technical assistance from the state or local entities that have successfully designed, established, and operated tech-prep programs.

History. Acts 1991, No. 1244, § 29.

6-53-503. Applications for grants.

  1. Each consortium that desires to receive a grant under this subchapter shall submit an application to the director or the Arkansas Higher Education Coordinating Board, as appropriate, at such time and in such manner as the board shall prescribe through rule.
  2. Each application submitted under this subchapter shall contain a three-year plan for the development and implementation of activities under this subchapter.

History. Acts 1991, No. 1244, § 29; 2019, No. 315, § 355.

Amendments. The 2019 amendment deleted “or regulation” following “rule” in (a).

6-53-504. Approval of applications — Factors considered.

  1. The Arkansas Higher Education Coordinating Board and the State Board of Career Education shall approve applications based on their potential to create an effective tech-prep education program as provided in this subchapter.
  2. The two (2) boards shall give special consideration to applications which:
    1. Provide for effective employment placement activities or transfer of students to four-year baccalaureate degree programs;
    2. Are developed in consultation with business, industry, and labor unions; and
    3. Address effectively the issues of dropout prevention and reentry and the needs of minority youths, youths of limited English proficiency, youths with handicaps, and disadvantaged youths.
  3. In making grants under this subchapter, the two (2) boards shall ensure an equitable distribution of assistance throughout the state, and shall ensure an equitable distribution of assistance between urban and rural consortium participants.
  4. In the case of grants made by the two (2) boards, each grant recipient shall, with respect to assistance received under this subchapter, submit to the secretary such reports as may be required by the secretary to ensure that such grant recipient is complying with the requirements of this subchapter.
  5. After grant recipients who receive grants in the first year in which grants are made under this subchapter complete their eligibility under the program, the directors shall submit to the General Assembly a report evaluating the effectiveness of the program under this subchapter.

History. Acts 1991, No. 1244, § 29.

6-53-505. Designation of agency to receive federal funds.

The State Board of Career Education is hereby designated as the agency to receive the funds allocated to the state pursuant to the provisions of 20 U.S.C. § 2351 et seq.

History. Acts 1991, No. 1244, § 29.

Subchapter 6 — Technical College Districts

A.C.R.C. Notes. Pursuant to § 1-2-207, this subchapter is set out below as enacted by Acts 1993, No. 945. Acts 1993, No. 423, § 1 also enacted a new subchapter 6 of this chapter concerning the establishment of technical college districts, which read as follows:

“6-53-601. Pursuant to the authority granted by Amendment No. 52 to the Constitution of the State of Arkansas, it is the intent of the General Assembly by this act to authorize the establishment of technical college districts and the levy of a property tax in such districts not to exceed ten (10) mills on each dollar of assessed value of the taxable real and personal property of a district, with the revenues therefrom to be used for site acquisition, construction, equipping, operation, and maintenance of technical colleges.

“6-53-602.

  1. Upon request of the local board of a technical college, or the State Board of Higher Education acting as the local board of a technical college, the College Panel shall determine whether formation of a proposed technical college district, the boundaries of which shall be determined by the local board, or the State Board of Higher Education acting as the local board, is feasible according to criteria established by the State Board for the formation of a technical college district.

“(b) Within ten (10) calendar days after the College Panel determines that the formation of a proposed district is feasible, the local board or the State Board of Higher Education acting as the local board shall notify the county board of election commissioners in each county of which any portion is in the proposed technical college district that an election shall be held to determine whether the district shall be formed and whether a property tax, if any, shall be levied to fund site acquisition, construction, equipping, operation, and maintenance of the college. The local board or acting local board shall set a date for the election to be held at a time not less than thirty (30) calendar days after the local board notifies the county board(s). The local board or acting local board shall specify the wording of the ballot to be used for such elections, utilizing appropriate language similar to that found in § 6-61-513(b), and the county board(s) of election commissioners shall conduct the election in the manner provided by law for special elections.

“(c) Except as provided in subsection (d) of this section, if the establishment of a proposed technical college district fails because of an adverse vote by a majority of the qualified electors of the proposed district voting thereon at the election, no new election for the establishment thereof shall be held within a period of one (1) year after the date of the election.

“(d) If the establishment of a proposed technical college district fails and the majority of votes cast in one (1) or more counties or cities in a proposed district were against the establishment of the district, the local board or acting local board may notify the county board(s) of election commissioners that an election will be held on the issue of forming a proposed district that does not include the county, city, counties, or cities in which the issue failed. The local board or acting local board shall set a date for the election to be held no less than thirty (30) calendar days after the local board notifies the county board(s). The procedures for an election to form a proposed reconstituted district shall be identical to the procedures for an election to establish a technical college district.

“(e) If the local board or acting local board of a technical college determines that the question of a tax levy in the technical college district should be submitted to the electors after the district is formed, it shall certify the millage requested to the county board of election commissioners of each county of which any portion is in the technical college district. The county board(s) shall place the question of the levy on the ballot at the next general election if the date of the general election is not less than thirty (30) calendar days after the county board(s) receive certification from the local board. In the alternative, the local board or acting local board may set a date for a special election at a time not less than thirty (30) calendar days after the local board or acting local board notifies the county board(s). A special election shall be conducted in the manner provided by law for special elections.

“(f) The tax levied under this subchapter shall be a continuing levy unless otherwise provided by law. It may be reduced or repealed, with the exception of the amount of tax required to service any outstanding bonds, or increased, upon approval thereof by a majority of the qualified electors of the district voting on the issue at an election called by the local board or acting local board for such purpose at least thirty (30) calendar days after the local board notifies the county board(s) of election commissioners. The tax shall be collected in the manner now provided by law for the collection of county general taxes and promptly remitted by the county treasurer to the district. Revenues derived from any tax levied pursuant to this subchapter may be used for site acquisition, construction, equipping, maintenance, or operations of a technical college. If a technical college for which a tax is levied thereafter becomes a branch of an existing institution of higher education, the tax levied hereunder shall continue to be levied and collected for the use and benefit of the branch unless reduced or repealed as authorized in this section.

“6-53-603.

(a) A technical college district may be dissolved or the millage tax voted reduced or repealed, with the exception of the amount of tax required to service any outstanding bonds, upon approval by a majority of the qualified electors of the district voting on the issue at an election called for such purpose by the county board(s) of election commissioners upon submission of petitions signed by not less than ten percent (10%) of the qualified electors of the district based upon the total number of votes as cast therein for all candidates for the office of the Governor in the last general election.

“(b) The petition shall be filed with the Secretary of State of Arkansas, who within ten (10) days of the receipt and verification by the Secretary of State of the sufficiency of the petitions shall notify the county board(s) of election commissioners that an election shall be held at a time not less than thirty (30) nor more than one hundred and eighty (180) days from the date of notification.”

Effective Dates. Acts 1997, No. 1114, § 18: May 1, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act abolishes the State Board of Higher Education and replaces the board with the Arkansas Higher Education Coordinating Board; and that to provide for an efficient transition and to allow the Governor a sufficient time to make appointments, this act shall become effective May 1, 1997. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on May 1, 1997.”

Acts 2009, No. 1480, § 117: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act makes various revisions to Arkansas election laws that are designed to improve the administration of elections and special elections and that these revisions should be implemented as soon as possible so that the citizens of this state may benefit from improved election procedures. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

6-53-601. Legislative findings and intent.

It is the intent and purpose of this subchapter to authorize the formation of technical college districts and the levy of ad valorem taxes in such districts not to exceed ten (10) mills on each dollar of assessed value of the taxable real and personal property of a district, with the revenues therefrom to be used for site acquisition, construction, equipping, and operation of technical colleges, as authorized in Arkansas Constitution, Amendment 52.

History. Acts 1993, No. 945, § 1.

6-53-602. Formation of a proposed district.

    1. Upon request of the local board of a technical college or the Arkansas Higher Education Coordinating Board acting as a local board of a technical college, the Arkansas Higher Education Coordinating Board shall determine whether formation of a proposed technical college district is feasible according to criteria established by the Arkansas Higher Education Coordinating Board for the formation of a technical college district.
    2. The boundaries of the technical college district are to be determined by the local board or the Arkansas Higher Education Coordinating Board acting as the local board.
    1. Within ten (10) calendar days after the Arkansas Higher Education Coordinating Board determines that the formation of a proposed district is feasible, the local board or the Arkansas Higher Education Coordinating Board acting as the local board shall notify the county board of election commissioners in each county of which any portion is in the proposed technical college district that an election will be held to determine whether the district shall be formed and whether an ad valorem tax shall be levied on property in the district to fund site acquisition, construction, equipping, and operation of the college.
    2. The local board or acting local board shall issue a proclamation and set a date for the election under § 7-11-201 et seq., but the date set for the election shall not be later than ninety (90) days after the publication of the proclamation.
    3. The local board or acting local board shall specify the wording of the ballot to be used for the election utilizing appropriate language similar to that found in § 6-61-513(c), and the county boards of election commissioners shall conduct the election in the manner provided by law for special elections.
    1. Except as provided in subdivision (c)(2) of this section, if the establishment of a proposed technical college district fails because of an adverse vote by a majority of the qualified electors of the proposed district voting thereon at the election, no new election for the establishment thereof shall be held within a period of one (1) year after the date of the election.
      1. If the formation of a proposed technical college district fails and the majority of votes cast in one (1) or more counties or cities in a proposed district were against the formation of the district, the local board or acting local board may notify the county boards of election commissioners that an election will be held on the issue of forming a proposed district that does not include the county, city, counties, or cities in which the issue failed.
      2. The local board or acting local board shall issue a proclamation and set a date for the election in accordance with § 7-11-201 et seq.
      3. The procedures for an election to form a proposed reconstituted district shall be identical to the procedures for an election to establish a technical college district.
    1. If the local board or acting local board of a technical college determines that the question of a tax levy in the technical college district should be submitted to the electors after the district is formed, it shall certify the millage requested to the county board of election commissioners of each county of which any portion is in the technical college district.
    2. The county boards shall place the question of the levy on the ballot at the next general election if the date of the general election is not less than sixty (60) calendar days after the county boards receive certification from the local board or acting local board.
    3. In the alternative, the local board or acting local board may set a date for a special election in accordance with § 7-11-201 et seq.
    4. The special election shall be conducted in the manner provided by law for other special elections.

History. Acts 1993, No. 945, § 1; 1997, No. 1114, § 12; 2005, No. 2145, § 7; 2007, No. 1049, § 9; 2009, No. 376, § 54; 2009, No. 1480, §§ 7–9.

Amendments. The 2009 amendment by No. 376, in (b)(2), substituted “under § 7-5-103(b), but the date set for the election shall not be” for “in accordance with § 7-5-103(b) but in no event.”

The 2009 amendment by No. 1480 substituted “§ 7-11-201 et seq.” for “§ 7-5-103(b)” in (b)(2), (c)(2)(B), and (d)(3).

6-53-603. Tax levy.

    1. A tax levied under this subchapter shall be a continuing levy unless otherwise provided by law.
    2. It may be reduced or repealed, with the exception of the amount of tax required to service any outstanding bonds, or the tax may be increased upon approval thereof by a majority of the qualified electors of the district voting on the issue at an election called by the local board or acting local board to be held at least thirty (30) calendar days after the local board or acting local board notifies the county boards of election commissioners.
  1. The tax shall be collected in the manner now provided by law for the collection of county general taxes and promptly remitted by the county treasurer to the district.
  2. Revenues derived from a tax levied pursuant to this subchapter may be used for site acquisition, construction, equipping, or operation of a technical college or for any of such purposes.

History. Acts 1993, No. 945, § 1.

6-53-604. Dissolution of district — Reduction of millage tax.

  1. A technical college district may be dissolved or the millage tax voted reduced or repealed, with the exception of the amount of tax required to service any outstanding bonds, upon approval by a majority of the qualified electors of the district voting on the issue at an election called for such purpose by the county boards of election commissioners upon submission of petitions signed by not less than ten percent (10%) of the qualified electors of the district based upon the total number of votes as cast therein for all candidates for the office of Governor in the last general election.
  2. The petitions shall be filed with the Secretary of State, who, within ten (10) days of the receipt and verification by the Secretary of State of the sufficiency of the petitions, shall notify the county boards of election commissioners that an election shall be held at a time not less than thirty (30) days nor more than one hundred eighty (180) days from the date of notification.

History. Acts 1993, No. 945, § 1.

6-53-605. Continuation of tax.

If a technical college for which a tax is levied thereafter becomes a branch of an existing institution of higher education, the tax levied under this subchapter shall continue to be levied and collected for the use and benefit of the branch unless reduced or repealed as authorized in § 6-53-603.

History. Acts 1993, No. 945, § 1.

Chapter 54 College of the Ouachitas

A.C.R.C. Notes. Acts 2013, No. 773, § 6, provided: “HENDERSON STATE UNIVERSITY AND COLLEGE OF THE OUACHITAS COOPERATIVE AGREEMENT.

“(a) The General Assembly finds that:

“(1) Henderson State University and College of The Ouachitas are two institutions of Higher Education with a long history of cooperation and mutual support for the pursuit of their missions to serve the residents of their overlapping service areas;

“(2) These institutions have entered into an agreement to continue the goodwill that has been established between them and throughout the communities they serve, and to enhance the level of services to the residents of Clark County without duplicating efforts; and

“(3) Working strategically, the institutions can meet the needs of the residents of Clark County in a manner that fosters partnership and collaboration.

“(b) Based upon the agreement of the parties:

“(1) College of The Ouachitas shall:

“(A) Limit any offerings in Clark County to non-academic, technical courses and programs that are not offered at Henderson State University;

“(B) Not offer any academic courses or programs, including remediation, in Clark County;

“(C)(i) Notify, meet, and discuss with Henderson State University prior to offering any new credit-bearing technical programs in Clark County.

“(ii) To minimize confusion, any such offering will be delivered in conjunction with the Community Education Center; and

“(D) Only establish a physical presence in Clark County in partnership with Henderson State University's Community Education Center; and

“(2)(A) Henderson State University shall offer to College of The Ouachitas the first right of refusal for the instruction of technical training courses and programs requested by business and industry that cannot be provided directly by Henderson State University.

“(B) The courses and programs shall be provided at the Community Education Center or within Clark County.

“(d) The provisions of this section shall be in effect only from July 1, 2013, through June 30, 2014.”

Acts 2013, No. 947, § 7, provided: “HENDERSON STATE UNIVERSITY AND COLLEGE OF THE OUACHITAS COOPERATIVE AGREEMENT.

“(a) The General Assembly finds that:

“(1) Henderson State University and College of The Ouachitas are two institutions of Higher Education with a long history of cooperation and mutual support for the pursuit of their missions to serve the residents of their overlapping service areas;

“(2) These institutions have entered into an agreement to continue the goodwill that has been established between them and throughout the communities they serve, and to enhance the level of services to the residents of Clark County without duplicating efforts; and

“(3) Working strategically, the institutions can meet the needs of the residents of Clark County in a manner that fosters partnership and collaboration.

“(b) Based upon the agreement of the parties:

“(1) College of The Ouachitas shall:

“(A) Limit any offerings in Clark County to non-academic, technical courses and programs that are not offered at Henderson State University;

“(B) Not offer any academic courses or programs, including remediation, in Clark County;

“(C)(i) Notify, meet, and discuss with Henderson State University prior to offering any new credit-bearing technical programs in Clark County.

“(ii) To minimize confusion, any such offering will be delivered in conjunction with the Community Education Center; and

“(D) Only establish a physical presence in Clark County in partnership with Henderson State University's Community Education Center; and

“(2)(A) Henderson State University shall offer to College of The Ouachitas the first right of refusal for the instruction of technical training courses and programs requested by business and industry that cannot be provided directly by Henderson State University.

“(B) The courses and programs shall be provided at the Community Education Center or within Clark County.

“(c) The provisions of this section shall be in effect only from July 1, 2013, through June 30, 2014.”

Acts 2014, No. 78, § 6, provided: “HENDERSON STATE UNIVERSITY AND COLLEGE OF THE OUACHITAS COOPERATIVE AGREEMENT.

“(a) The General Assembly finds that:

“(1) Henderson State University and College of The Ouachitas are two institutions of Higher Education with a long history of cooperation and mutual support for the pursuit of their missions to serve the residents of their overlapping service areas;

“(2) These institutions have entered into an agreement to continue the goodwill that has been established between them and throughout the communities they serve, and to enhance the level of services to the residents of Clark County without duplicating efforts; and

“(3) Working strategically, the institutions can meet the needs of the residents of Clark County in a manner that fosters partnership and collaboration.

“(b) Based upon the agreement of the parties:

“(1) College of The Ouachitas shall:

“(A) Limit any offerings in Clark County to non-academic, technical courses and programs that are not offered at Henderson State University;

“(B) Not offer any academic courses or programs, including remediation, in Clark County;

“(C)(i) Notify, meet, and discuss with Henderson State University prior to offering any new credit-bearing technical programs in Clark County.

“(ii) to minimize confusion, any such offering will be delivered in conjunction with Community Education Center; and

“(D) Only establish a physical presence in Clark County in partnership with Henderson State University's Community Education Center; and

“(2)(A) Henderson State University shall offer to College of The Ouachitas the first right of refusal for the instruction of technical training courses and programs requested by business and industry that cannot be provided directly by Henderson State University.

“(B) The courses and programs shall be provided at the Community Education Center or within Clark County.

“(c) The provisions of this section shall be in effect only from July 1, 2014, through June 30, 2015.”

Acts 2014, No. 221, § 7, provided: “HENDERSON STATE UNIVERSITY AND COLLEGE OF THE OUACHITAS COOPERATIVE AGREEMENT.

“(a) The General Assembly finds that:

“(1) Henderson State University and College of The Ouachitas are two institutions of Higher Education with a long history of cooperation and mutual support for the pursuit of their missions to serve the residents of their overlapping service areas;

“(2) These institutions have entered into an agreement to continue the goodwill that has been established between them and throughout the communities they serve, and to enhance the level of services to the residents of Clark County without duplicating efforts; and

“(3) Working strategically, the institutions can meet the needs of the residents of Clark County in a manner that fosters partnership and collaboration.

“(b) Based upon the agreement of the parties:

“(1) College of The Ouachitas shall:

“(A) Limit any offerings in Clark County to non-academic, technical courses and programs that are not offered at Henderson State University;

“(B) Not offer any academic courses or programs, including remediation, in Clark County;

“(C)(i) Notify, meet, and discuss with Henderson State University prior to offering any new credit-bearing technical programs in Clark County.

“(ii) To minimize confusion, any such offering will be delivered in conjunction with the Community Education Center; and

“(D) Only establish a physical presence in Clark County in partnership with Henderson State University's Community Education Center; and

“(2)(A) Henderson State University shall offer to College of The Ouachitas the first right of refusal for the instruction of technical training courses and programs requested by business and industry that cannot be provided directly by Henderson State University.

“(B) The courses and programs shall be provided at the Community Education Center or within Clark County.

“(c) The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 266, § 6, provided: “HENDERSON STATE UNIVERSITY AND COLLEGE OF THE OUACHITAS COOPERATIVE AGREEMENT.

“(a) The General Assembly finds that:

“(1) Henderson State University and College of The Ouachitas are two institutions of Higher Education with a long history of cooperation and mutual support for the pursuit of their missions to serve the residents of their overlapping service areas;

“(2) These institutions have entered into an agreement to continue the goodwill that has been established between them and throughout the communities they serve, and to enhance the level of services to the residents of Clark County without duplicating efforts; and

“(3) Working strategically, the institutions can meet the needs of the residents of Clark County in a manner that fosters partnership and collaboration.

“(b) Based upon the agreement of the parties:

“(1) College of The Ouachitas shall:

“(A) Limit any offerings in Clark County to non-academic, technical courses and programs that are not offered at Henderson State University;

“(B) Not offer any academic courses or programs, including remediation, in Clark County;

“(C)(i) Notify, meet, and discuss with Henderson State University prior to offering any new credit-bearing technical programs in Clark County.

“(ii) To minimize confusion, any such offering will be delivered in conjunction with the Community Education Center; and

“(D) Only establish a physical presence in Clark County in partnership with Henderson State University's Community Education Center; and

“(2)(A) Henderson State University shall offer to College of The Ouachitas the first right of refusal for the instruction of technical training courses and programs requested by business and industry that cannot be provided directly by Henderson State University.

“(B) The courses and programs shall be provided at the Community Education Center or within Clark County.

“(c) The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2015, No. 367, § 6, provided: “HENDERSON STATE UNIVERSITY AND COLLEGE OF THE OUACHITAS COOPERATIVE AGREEMENT.

“(a) The General Assembly finds that:

“(1) Henderson State University and College of The Ouachitas are two institutions of Higher Education with a long history of cooperation and mutual support for the pursuit of their missions to serve the residents of their overlapping service areas;

“(2) These institutions have entered into an agreement to continue the goodwill that has been established between them and throughout the communities they serve, and to enhance the level of services to the residents of Clark County without duplicating efforts; and

“(3) Working strategically, the institutions can meet the needs of the residents of Clark County in a manner that fosters partnership and collaboration.

“(b) Based upon the agreement of the parties:

“(1) College of The Ouachitas shall:

“(A) Limit any offerings in Clark County to non-academic, technical courses and programs that are not offered at Henderson State University;

“(B) Not offer any academic courses or programs, including remediation, in Clark County;

“(C)(i) Notify, meet, and discuss with Henderson State University prior to offering any new credit-bearing technical programs in Clark County.

“(ii) To minimize confusion, any such offering will be delivered in conjunction with the Community Education Center; and

“(D) Only establish a physical presence in Clark County in partnership with Henderson State University's Community Education Center; and

“(2)(A) Henderson State University shall offer to College of The Ouachitas the first right of refusal for the instruction of technical training courses and programs requested by business and industry that cannot be provided directly by Henderson State University.

“(B) The courses and programs shall be provided at the Community Education Center or within Clark County.

“(c) The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 78, § 6, provided: “HENDERSON STATE UNIVERSITY AND COLLEGE OF THE OUACHITAS COOPERATIVE AGREEMENT.

“(a) The General Assembly finds that:

“(1) Henderson State University and College of The Ouachitas are two institutions of Higher Education with a long history of cooperation and mutual support for the pursuit of their missions to serve the residents of their overlapping service areas;

“(2) These institutions have entered into an agreement to continue the goodwill that has been established between them and throughout the communities they serve, and to enhance the level of services to the residents of Clark County without duplicating efforts; and

“(3) Working strategically, the institutions can meet the needs of the residents of Clark County in a manner that fosters partnership and collaboration.

“(b) Based upon the agreement of the parties:

“(1) College of The Ouachitas shall:

“(A) Limit any offerings in Clark County to non-academic, technical courses and programs that are not offered at Henderson State University;

“(B) Not offer any academic courses or programs, including remediation, in Clark County;

“(C)(i) Notify, meet, and discuss with Henderson State University prior to offering any new credit-bearing technical programs in Clark County.

“(ii) To minimize confusion, any such offering will be delivered in conjunction with the Community Education Center; and

“(D) Only establish a physical presence in Clark County in partnership with Henderson State University's Community Education Center; and

“(2)(A) Henderson State University shall offer to College of The Ouachitas the first right of refusal for the instruction of technical training courses and programs requested by business and industry that cannot be provided directly by Henderson State University.

“(B) The courses and programs shall be provided at the Community Education Center or within Clark County.

“(c) The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2016, No. 114, § 6, provided: “HENDERSON STATE UNIVERSITY AND COLLEGE OF THE OUACHITAS COOPERATIVE AGREEMENT.

“(a) The General Assembly finds that:

“(1) Henderson State University and College of The Ouachitas are two institutions of Higher Education with a long history of cooperation and mutual support for the pursuit of their missions to serve the residents of their overlapping service areas;

“(2) These institutions have entered into an agreement to continue the goodwill that has been established between them and throughout the communities they serve, and to enhance the level of services to the residents of Clark County without duplicating efforts; and

“(3) Working strategically, the institutions can meet the needs of the residents of Clark County in a manner that fosters partnership and collaboration.

“(b) Based upon the agreement of the parties:

“(1) College of The Ouachitas shall:

“(A) Limit any offerings in Clark County to non-academic, technical courses and programs that are not offered at Henderson State University;

“(B) Not offer any academic courses or programs, including remediation, in Clark County;

“(C)(i) Notify, meet, and discuss with Henderson State University prior to offering any new credit-bearing technical programs in Clark County.

“(ii) To minimize confusion, any such offering will be delivered in conjunction with the Community Education Center; and

“(D) Only establish a physical presence in Clark County in partnership with Henderson State University's Community Education Center; and

“(2)(A) Henderson State University shall offer to College of The Ouachitas the first right of refusal for the instruction of technical training courses and programs requested by business and industry that cannot be provided directly by Henderson State University.

“(B) The courses and programs shall be provided at the Community Education Center or within Clark County.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Effective Dates. Acts 1991, No. 617, § 8: Mar. 19, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the restructuring of the delivery system of adult education and vocational education in this state is necessary to provide higher quality educational programs which are accessible by all segments of the population in this state; that recent studies have shown that in the year 2000, workers must have a minimum of fourteen (14) years education to function in the work force; that the state is in desperate need of training, retraining and upgrading the work force; that this Act will provide a means to establish more institutions working closely with business and industry to provide every citizen with an opportunity to participate in vocational-technical training or college transfer programs within a reasonable driving distance of their homes; that it is necessary for this Act to become effective immediately so needed changes can be made prior to the date the institutions contained herein are transferred to the new system. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-54-101. College of The Ouachitas established.

  1. The Arkansas Higher Education Coordinating Board shall designate the College of The Ouachitas, Malvern, as a technical college which shall become part of the Arkansas Technical and Community College System under the coordination of the board.
  2. This institution shall not have any authority to request the board's approval for associate degree programs before July 1, 1993.
  3. This institution may expand to offer courses of instruction in technical, vocational, and adult education programs and college transfer programs and may, upon a vote of the electorate, create a community college district and, if necessary, impose a millage to convert to a community college.

History. Acts 1991, No. 617, § 1; 2011, No. 208, § 1.

A.C.R.C. Notes. As enacted, subsection (a) began “Effective July 1, 1991.”

Amendments. The 2011 amendment substituted “the College of The Ouachitas” for “Ouachita Technical College” in (a).

Research References

U. Ark. Little Rock. L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock. L. Rev. 453.

6-54-102. Effect on other laws.

The procedures and deadlines established in this chapter shall, for the purpose of this chapter, shall be in lieu of and supersede those set forth in existing laws of this state with respect to the establishment, organization, and administration of this vocational-technical postsecondary institution. Existing laws of this state, for the purposes of this chapter, shall apply only in those situations which are not specifically provided for in this chapter and when applied shall be consistent, insofar as possible, with the purpose, procedures, and deadlines contained in this chapter.

History. Acts 1991, No. 617, § 4.

6-54-103. Rights and privileges.

  1. The technical college established herein shall be subject to the same restrictions and enjoy the same privileges as any other technical college created under the chapter establishing the Arkansas Technical and Community College System.
  2. The President of the College of The Ouachitas and all other personnel employed by the school shall enjoy the same rights and privileges as personnel employed by state-supported postsecondary vocational-technical schools transferred to the Arkansas Technical and Community College System under the act establishing such system.

History. Acts 1991, No. 617, § 2; 2011, No. 208, § 2.

Amendments. The 2011 amendment substituted “The President of the College of The Ouachitas” for “The Director of Ouachita Technical College” in (b).

6-54-104. Administration.

  1. Until the institution elects to become a community college, the institution shall be known as a technical college.
  2. The technical college shall work to achieve higher education institutional accreditation from an accrediting agency recognized by the United States Department of Education.
  3. Upon the appointment of the local board, all records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the state-supported postsecondary vocational-technical institution shall be transferred to the local board.
  4. The local board shall be responsible for the administration and operation of the institution and shall be further responsible for the provision of services to meet the two-year postsecondary educational needs of those citizens located within the service area assigned the institution by the Arkansas Higher Education Coordinating Board.

History. Acts 1991, No. 617, § 1; 1997, No. 1114, § 13; 2015, No. 865, § 10.

Amendments. The 2015 amendment substituted “an accrediting agency recognized by the federal Department of Education” for “the Higher Learning Commission” in (b).

6-54-105. Accreditation — Abolishment.

If the technical college fails to achieve such accreditation within eight (8) years following the date of transfer under § 6-54-104(d), the technical college shall be abolished by the Arkansas Higher Education Coordinating Board. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the technical college shall be transferred to the Division of Higher Education.

History. Acts 1991, No. 617, § 1; 1995, No. 603, § 5; 2019, No. 910, § 1935.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education”.

Chapter 55 The Arkansas Construction Industry Craft Training Act

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-55-101. Title.

This chapter shall be known and may be cited as “The Arkansas Construction Industry Craft Training Act”.

History. Acts 1999, No. 474, § 1.

6-55-102. Purpose.

  1. The General Assembly recognizes that at any given time the level of activity in our national construction industry is the primary yardstick for measuring the overall economic health of this country and that the success and stability of the building business of this state are dependent upon a sufficient supply of skilled artisans and craftspersons who can produce quality projects that inspire public confidence.
  2. It is the intent of this chapter to promote a coordinated effort between the construction industry and the vocational and technical schools and colleges to enhance the availability and the competence of the work force supporting the industry by instituting a craft training program.

History. Acts 1999, No. 474, § 2.

6-55-103. Arkansas Construction Industry Craft Training Program — Created.

There is created the Arkansas Construction Industry Craft Training Program, which shall be incorporated into the curricula of existing state vocational schools, technical institutions, and two-year colleges. The program shall not cause the creation of any new schools or facilities solely to accommodate or fulfill the requirements of this chapter.

History. Acts 1999, No. 474, § 3.

6-55-104. Arkansas Construction Industry Craft Training Program — Purpose — Administration.

  1. In order to provide for an efficient, competent, and resourceful construction industry training program that will enhance the development of a quality labor pool to support the building industry of this state, there is established the Arkansas Construction Industry Craft Training Program.
  2. The program will be administered by the Office of Skills Development in collaboration with the State Apprenticeship Coordination Steering Committee created by § 6-52-204.

History. Acts 1999, No. 474, § 4; 2019, No. 910, § 155.

Amendments. The 2019 amendment substituted “Office of Skills Development” for “Department of Career Education” in (b).

6-55-105. Program plan.

In addition to the duties of the State Apprenticeship Coordination Steering Committee contained in § 6-52-205, the committee is authorized to develop a plan for the Arkansas Construction Industry Craft Training Program which shall include, but not be limited to, the following:

  1. Formulas and administrative procedures to be used in requesting appropriations of state funds for the program;
  2. Forms, formulas, and administrative procedures to be used in distributing funds to construction craft training programs; and
  3. Other administrative procedures or rules as may be necessary for the equitable and efficient operation of the program.

History. Acts 1999, No. 474, § 6.

6-55-106. Permit surcharge to fund programs.

    1. A surcharge in the amount of fifty cents (50¢) per each one thousand dollars ($1,000) of construction authorized on any nonresidential construction permit issued by any political subdivision of this state is imposed to financially support the Arkansas Construction Industry Craft Training Program.
    2. The maximum surcharge for any construction project permitted shall be one thousand dollars ($1,000).
  1. The office of the political subdivision issuing the permit shall be responsible for collecting the surcharge and remitting it monthly to the Department of Finance and Administration under such rules as the Chief Fiscal Officer of the State may prescribe for the collection, enforcement, and administration of the proceeds of the surcharge and shall retain five percent (5%) of each permit surcharge collected for the cost of administration.

History. Acts 1999, No. 474, § 7; 1999, No. 785, § 1; 2019, No. 315, § 356.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (b).

6-55-107. Arkansas Construction Industry Craft Training Trust Fund — Apprenticeship program requirements.

  1. The net proceeds received pursuant to § 6-55-106 shall be deposited into a special trust account in the State Treasury known as the “Arkansas Construction Industry Craft Training Trust Fund”.
  2. Programs established or funded by the fund shall be consistent with the eight (8) criteria recommended by the United States Advisory Committee on Apprenticeship. The eight (8) essential components of an approved apprenticeship program shall include all of the following:
    1. A training strategy that combines supervised, structural on-the-job training with related theoretical instruction and is sponsored by employers or labor or management groups that have the ability to hire and train in a work environment;
    2. A training strategy that prepares an individual for skilled employment by conducting training in bona fide and documented employment settings;
    3. A training strategy with requirements that are clearly delineated in federal laws and regulations, and state laws and rules;
    4. A training strategy that by virtue of a legal contract, indenture, leads to a certificate of completion and official journeyman status;
    5. A training strategy that involves a tangible and generally sizable investment on the part of the employer or labor or management program sponsor;
    6. A training strategy that pays wages to its participants at least during the on-the-job training phase of their apprenticeship and that increases these wages throughout the training program in accordance with a predefined wage progression scale;
    7. A training strategy in which participants learn by working directly under the supervision and tutelage of a master in the craft, trade, or relevant occupational area; and
    8. A training strategy that involves a written agreement and an implicit social obligation between the program sponsor and the apprentice.
  3. Upon the recommendation of the State Apprenticeship Coordination Steering Committee, the Office of Skills Development shall expend the moneys in the fund from time to time to support the training program prescribed in this chapter.

History. Acts 1999, No. 474, § 8; 2019, No. 315, § 357; 2019, No. 910, § 156.

Amendments. The 2019 amendment by No. 315 substituted “federal laws and regulations, and state laws and rules” for “federal and state laws and regulations” in (b)(3).

The 2019 amendment by No. 910 substituted “Office of Skills Development” for “Department of Career Education” in (c).

6-55-108. Rules.

The Office of Skills Development and the State Apprenticeship Coordination Steering Committee shall promulgate rules necessary to implement the provisions of this chapter.

History. Acts 1999, No. 474, § 5; 2019, No. 910, § 157.

Amendments. The 2019 amendment substituted “Office of Skills Development” for “Department of Career Education”.

Chapter 56 Arkansas State University-Beebe

Effective Dates. Acts 2003, No. 359, § 11: Mar. 13, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that that Foothills Technical Institute should be renamed Arkansas State University-Searcy, A Technical Campus of Arkansas State University-Beebe; that it would benefit both Foothills Technical Institute and Arkansas State University-Beebe to merge into one institution; that the merger of Foothills Technical Institute into the Arkansas State University System should occur at the beginning of the next fiscal year; that substantial work must be done before the merger; and that this act must become effective immediately in order for the preparatory work for the merger to be completed. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-56-101. Definitions.

As used in this chapter:

  1. “Adult education program” means any classes designed to assist students in preparing for a high school equivalency test and any class designed to improve performance in general basic skills, parenting, English proficiency, or other areas funded by the Adult Education Section; and
  2. “Applied general education courses” means courses from mathematics, communications, social sciences, and similar fields specifically addressing the employment needs of students in one (1) or more occupational programs.

History. Acts 2003, No. 359, § 1; 2015, No. 1115, § 7; 2019, No. 910, § 158.

Amendments. The 2015 amendment substituted “a high school equivalency test” for “the General Educational Development Test” in (1).

The 2019 amendment deleted “of the Department of Career Education” following “Adult Education Section” in (1).

6-56-102. Name change and merger.

  1. Effective July 1, 2003, Foothills Technical Institute is merged with Arkansas State University-Beebe under the Arkansas State University System.
  2. Effective July 1, 2003, Foothills Technical Institute shall be known as Arkansas State University-Searcy, a technical campus of Arkansas State University-Beebe.

History. Acts 2003, No. 359, § 2.

6-56-103. Board of advisors.

  1. The Foothills Technical Institute Board of Directors shall become the Board of Advisors to Arkansas State University-Searcy, a technical campus of Arkansas State University-Beebe. The directors on June 30, 2003, shall continue their terms as members of the advisory board.
    1. The Arkansas State University-Searcy local board of advisors will be appointed or reappointed by the President of the Arkansas State University System upon recommendations presented by the Chancellor for Arkansas State University-Beebe and the Vice Chancellor of Arkansas State University-Searcy.
    2. Appointment shall be for a term of five (5) years and for no more than two (2) consecutive terms.

History. Acts 2003, No. 359, § 3.

6-56-104. Effect of merger on employees.

  1. All full-time employees of Foothills Technical Institute on June 30, 2003, shall become employees of Arkansas State University-Beebe on July 1, 2003. Upon the merger, Foothills Technical Institute employees shall become Arkansas State University-Beebe employees and therefore have the same rights and opportunities as other Arkansas State University-Beebe employees.
  2. A person employed by Foothills Technical Institute on June 30, 2003, shall be employed by Arkansas State University-Searcy effective July 1, 2003, if:
    1. Job performance is satisfactory; and
    2. Student enrollment in the program is satisfactory.
  3. On July 1, 2003, a vice chancellor position of Arkansas State University-Searcy shall be established. The Vice Chancellor of Arkansas State University-Searcy will be a member of the senior management team at Arkansas State University-Beebe. The President of Foothills Technical Institute as of June 30, 2003, shall be the Vice Chancellor of the Arkansas State University-Searcy campus.
  4. The vice presidents of Foothills Technical Institute on June 30, 2003, shall become directors for the Arkansas State University-Searcy campus.
  5. The employees of Foothills Technical Institute as of June 30, 2003, who were the president and vice presidents shall retain and continue to receive:
    1. All options, rights, and benefits of employment granted in this section; and
    2. Any transportation benefits that accompanied the position of the President of Foothills Technical Institute.
  6. An employee who was a member of the faculty of Foothills Technical Institute on June 30, 2003, shall be deemed qualified to teach in the same level program if:
    1. The faculty member's job performance is satisfactory; and
    2. Student enrollment is satisfactory.

History. Acts 2003, No. 359, § 4.

6-56-105. Employee benefits.

  1. As a result of the merger on June 30, 2003, all Foothills Technical Institute employees will retain and transfer all annual leave balances, sick leave balances, and retirement benefits, including a retirement match of twelve percent (12%) for employees enrolled in the alternate retirement plans.
  2. Employees who have fifty (50) or more days of accumulated sick leave as of June 30, 2003, shall continue to be eligible to receive a lump sum payment for unused sick leave at the time of retirement.

History. Acts 2003, No. 359, § 5.

6-56-106. Catastrophic leave program.

  1. Arkansas State University-Beebe shall establish a catastrophic leave program for all full-time employees of Arkansas State University-Beebe.
  2. The program shall be similar to that authorized under § 21-4-214.

History. Acts 2003, No. 359, § 6.

6-56-107. Effect of merger on curriculum.

  1. Arkansas State University-Beebe shall offer the option of applied general education courses in occupational certificate programs offered by Foothills Technical Institute in 2002-2003.
  2. Students in the programs involved may also be offered the option of college transfer general education courses in addition to the option of applied general education courses.
  3. Without regard to the higher average cost of occupational programs, all current Foothills Technical Institute programs shall continue to be offered by Arkansas State University-Beebe for as long as they meet industry needs and are fiscally effective.
  4. All adult basic education, high school equivalency tests, and high school area center programs currently provided by Foothills Technical Institute in 2002-2003 shall continue to be administered by Arkansas State University-Searcy, provided funding is available.
  5. Existing certificate and diploma programs offered at Foothills Technical Institute in 2002-2003 shall become certificate and technical certificate programs as authorized by Arkansas State University-Beebe.

History. Acts 2003, No. 359, § 7; 2015, No. 1115, § 8.

Amendments. The 2015 amendment substituted “high school equivalency tests” for “General Educational Development Test” in (d).

6-56-108. Purchasing.

Purchases by Arkansas State University-Searcy will conform to established procedures at Arkansas State University-Beebe and the Arkansas State University System.

History. Acts 2003, No. 359, § 8.

6-56-109. Transfer of assets, obligations, records, personnel, property, unexpended balances, and legal authority.

  1. On July 1, 2003, all property and other rights, claims, and assets of Foothills Technical Institute are transferred to Arkansas State University-Beebe.
  2. On July 1, 2003, all obligations of Foothills Technical Institute become obligations of Arkansas State University-Beebe.
  3. On July 1, 2003, all records, personnel, property, unexpended balances, and all legal authority are transferred from Foothills Technical Institute to Arkansas State University-Beebe.
  4. All cash fund balances of Foothills Technical Institute on July 1, 2003, shall be used for the operation, support, and improvement of occupational, vocational, technical, and workforce development programs of Arkansas State University-Searcy.

History. Acts 2003, No. 359, § 9.

6-56-110. Work Force 2000 funding.

Funding from the Work Force 2000 Development Fund will be provided to Arkansas State University-Beebe to fund workforce development and vocational, occupational, and training programs offered by Arkansas State University-Searcy.

History. Acts 2003, No. 359, § 10.

Chapter 57 Arkansas Valley Technical Institute

Effective Dates. Acts 2003, No. 452, § 4[5]: Mar. 17, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it would benefit both Arkansas Valley Technical Institute and Arkansas Tech University to merge into one institution; that the merger of Arkansas Valley Technical Institute into Arkansas Tech University should occur at the beginning of the next fiscal year; that substantial work must be done before the merger; and that this act must become effective immediately in order for the preparatory work for the merger to be completed. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 260, § 5: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this bill calls for the renaming of Arkansas Valley Technical Institute of Arkansas Tech University to Arkansas Tech University - Ozark Campus and the ideal time for changing the name of the institute is at the beginning of the state's fiscal year. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2007.”

6-57-101. Name change and merger.

  1. Effective July 1, 2003, Arkansas Valley Technical Institute is merged with and into Arkansas Tech University and shall be governed by the Board of Trustees of Arkansas Tech University.
  2. Effective July 1, 2003, all powers, duties, responsibility, control, and supervisory authority heretofore vested in the Board of Directors of Arkansas Valley Technical Institute are transferred to the Board of Trustees of Arkansas Tech University, and upon transfer of the assets, books of accounts, and files of the Board of Directors of Arkansas Valley Technical Institute to the Board of Trustees of Arkansas Tech University, the Board of Directors of Arkansas Valley Technical Institute shall be divested of all obligations and duties.
  3. Effective July 1, 2003, the Arkansas Valley Technical Institute campus shall be known as Arkansas Valley Technical Institute of Arkansas Tech University.
  4. Effective July 1, 2007, the Arkansas Valley Technical Institute of Arkansas Tech University shall be known as Arkansas Tech University — Ozark Campus.

History. Acts 2003, No. 452, § 1; 2007, No. 260, § 1.

6-57-102. Transfer of assets, obligations, records, personnel, property, unexpended balances, and legal authority.

  1. On July 1, 2003, all property and other rights, claims, and assets of the Arkansas Valley Technical Institute are transferred to Arkansas Tech University.
  2. On July 1, 2003, all obligations of the Arkansas Valley Technical Institute become obligations of Arkansas Tech University.
  3. On July 1, 2003, all records, personnel, property, unexpended balances, and all legal authority transfer from the Arkansas Valley Technical Institute to Arkansas Tech University.
  4. All cash fund balances of Arkansas Valley Technical Institute transferred to Arkansas Tech University shall be used for the operation, support, and improvement of occupational, vocational, technical, and workforce development programs of Arkansas Tech University.

History. Acts 2003, No. 452, § 2.

6-57-103. Employee benefits.

    1. Employees of Arkansas Valley Technical Institute as of June 30, 2003, who are eligible for payment of accrued sick leave upon retirement or death under § 21-4-501 shall retain that benefit.
    2. This benefit shall be paid upon the employee's retirement or death from the funds restricted to expenditures in support of Arkansas Valley Technical Institute.
    3. Individuals employed after June 30, 2003, shall not be entitled to receive compensation under § 21-4-501.
    1. Employees of Arkansas Valley Technical Institute as of June 30, 2003, who are enrolled in the alternative retirement plan and are receiving a retirement match of twelve percent (12%) shall retain the benefit.
    2. Individuals employed after June 30, 2003, shall not be entitled to enroll in the alternative retirement program.

History. Acts 2003, No. 452, § 3; 2007, No. 260, § 2.

6-57-104. Work Force 2000 funding.

Funding from the Work Force 2000 Development Fund shall be provided to Arkansas Tech University to fund workforce development, vocational, occupational, and training programs offered by Arkansas Tech University — Ozark Campus.

History. Acts 2003, No. 452, § 5[4]; 2007, No. 260, § 3.

Chapter 58 National Park College

Publisher's Notes. Acts 2016, No. 141, § 6 deleted “Community” preceding “College” in the chapter heading.

Effective Dates. Acts 2003, No. 678, § 13: Mar. 26, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that Garland County Community College should be renamed as National Park Community College; that it would benefit both Quapaw Technical Institute and National Park Community College to merge into one institution; that the merger of Quapaw Technical Institute into National Park Community College should occur at the beginning of the next fiscal year; that substantial work must be done before the merger; and that this act is immediately necessary in order for the preparatory work for the merger to be completed. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 908, § 2: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the cost of health care insurance is increasing annually; that the Board of Trustees of National Park Community College is desirous of containing employee and employer health insurance premiums; that by having the ability to offer more than one (1) health insurance plan to employees, the board will be able to more efficiency utilize college resources; and that this act is immediately necessary in order to enable the board to implement the health insurance plans. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2005.”

Acts 2016, No. 141, § 15: July 1, 2016. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2016 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2016 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2016.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-58-101. Definitions.

As used in this chapter:

  1. “Adult education program” means any classes designed to assist students in preparing for a high school equivalency test, any class designed to improve performance in general basic skills, parenting, English proficiency, or other areas funded by the Adult Education Section; and
  2. “Applied general education courses” means courses from mathematics, communications, social sciences, and similar fields specifically addressing the employment needs of students in one (1) or more occupational programs.

History. Acts 2003, No. 678, § 1; 2015, No. 1115, § 9; 2016, No. 141, § 6; 2019, No. 910, § 159.

Amendments. The 2015 amendment substituted “a high school equivalency test” for “the General Educational Development Test” in (1).

The 2016 amendment made no changes to this section.

The 2019 amendment deleted “of the Department of Career Education” following “Adult Education Section” in (1).

6-58-102. Name change and merger.

  1. Effective July 1, 2003, Garland County Community College is renamed “National Park College”, and the Garland County Community College District is renamed “National Park College District”.
  2. Effective July 1, 2003, Quapaw Technical Institute is merged with and into National Park College.
  3. National Park College is an institution of higher education and is subject to the laws governing community colleges, except as otherwise provided in this chapter.

History. Acts 2003, No. 678, § 2; Acts 2016, No. 141, § 6.

Amendments. The 2016 amendment substituted “National Park College” for “National Park Community College” throughout the section.

6-58-103. Board of trustees.

    1. The board member of Quapaw Technical Institute serving on June 30, 2003, and whose term is to expire in 2003, shall become a member of the Board of Trustees of National Park College on July 1, 2003, and the term of the board member shall expire on December 31, 2004.
    2. The board members of the Quapaw Technical Institute serving on June 30, 2003, and whose terms are to expire in 2004 and 2005 shall become members of the Board of Trustees of National Park College on July 1, 2003, and their terms shall expire on December 31, 2006.
    3. The board members of Quapaw Technical Institute serving on June 30, 2003, and whose terms are to expire in 2006 and 2007 shall become members of the Board of Trustees of National Park College on July 1, 2003, and their terms shall expire on December 31, 2008.
    1. The trustees of the Garland County Community College serving on June 30, 2003, and whose terms expire on December 31, 2004, shall become members of the Board of Trustees of National Park College on July 1, 2003, and their terms shall expire on December 31, 2004.
    2. The trustees of the Garland County Community College serving on June 30, 2003, and whose terms expire on December 31, 2006, shall become members of the Board of Trustees of National Park College on July 1, 2003, and their terms shall expire on December 31, 2006.
    3. The trustees of the Garland County Community College serving on June 30, 2003, and whose terms expire on December 31, 2008, shall become members of the Board of Trustees of National Park College on July 1, 2003, and their terms shall expire on December 31, 2008.
    1. Three (3) trustees of National Park College shall be elected at the 2004 general election in the same manner and for the same terms as prescribed in § 6-61-520.
    2. Three (3) trustees of National Park College shall be elected at the 2006 general election in the same manner and for the same terms as prescribed in § 6-61-520.
    3. Three (3) trustees of National Park College shall be elected at the 2008 general election in the same manner and for the same terms as prescribed in § 6-61-520.
  1. No vacancy on the Board of Trustees of National Park College shall be filled until the number of remaining board members of National Park College with terms expiring on the same date equals two (2) or fewer.

History. Acts 2003, No. 678, § 3; 2016, No. 141, § 6.

A.C.R.C. Notes. As enacted, subsection (d) also provided:

“A vacancy on the board of Quapaw Technical Institute or on the Board of Trustees of Garland County Community College occurring before July 1, 2003, shall not be filled unless it would cause the Board of Trustees of National Park Community College to have fewer than three (3) trustees whose terms expire in the year 2004, 2006, or 2008.”

Amendments. The 2016 amendment substituted “National Park College” for “National Park Community College” throughout the section.

6-58-104. Effect of merger on employees.

    1. All permanent nonprobationary employees of Quapaw Technical Institute or Garland County Community College on June 30, 2003, shall become employees of National Park College on July 1, 2003.
    2. A person who was a permanent nonprobationary employee of Quapaw Technical Institute or Garland County Community College on June 30, 2003, shall be employed by National Park College at least until July 1, 2008, if:
      1. Job performance is satisfactory;
      2. Student enrollment in programs is satisfactory; and
      3. Student job placements are satisfactory.
      1. By January 31, 2004, employees who were employed on June 30, 2003, by Garland County Community College or Quapaw Technical Institute shall have the right to make a one-time choice between:
        1. The National Park College Health Insurance Plan, which was formerly known as the “Garland County Community College Health Insurance Plan”; or
        2. The health insurance plan adopted by the State and Public School Life and Health Insurance Board for state employees.
      2. An employee who was employed by Quapaw Technical Institute on June 30, 2003, shall be entitled to remain in his or her same retirement system under the same conditions then provided by law or as may later be provided by law.
    1. The Board of Trustees of National Park College shall promulgate rules establishing the procedure for employees to exercise benefit options under this subsection.
    1. Until the later of July 1, 2008, or the date a reorganization that guarantees the importance and position of technical education is adopted by the Board of Trustees of National Park College, the President of the Quapaw Technical Institute as of June 30, 2003, shall be the Vice President for Technical Education at National Park College.
    2. The employee who was the President of the Quapaw Technical Institute as of June 30, 2003, shall retain and continue to receive:
      1. All options, rights, and benefits of employment granted in subsection (b) of this section; and
      2. Any transportation benefits that accompanied the position of President of the Quapaw Technical Institute.
  1. An employee who was a member of the faculty of Quapaw Technical Institute on June 30, 2003, shall be deemed qualified to teach in the same level programs at National Park College if:
    1. The faculty member's job performance is satisfactory;
    2. Student enrollment is satisfactory; and
    3. Student job placements are satisfactory.

History. Acts 2003, No. 678, § 4; 2016, No. 141, § 6; 2019, No. 315, § 358.

Amendments. The 2016 amendment substituted “National Park College” for “National Park Community College” throughout the section.

The 2019 amendment deleted “and regulations” following “rules” in (b)(2).

6-58-105. Sick leave.

The employees of National Park College shall be entitled to lump sum payment for unused sick leave under a program similar to that authorized by §§ 21-4-501 and 21-4-502 [repealed].

History. Acts 2003, No. 678, § 5; 2016, No. 141, § 6.

Amendments. The 2016 amendment substituted “National Park College” for “National Park Community College”.

6-58-106. Catastrophic leave program.

National Park College shall establish a catastrophic leave program for all permanent employees. The program shall be similar to that authorized under § 21-4-214.

History. Acts 2003, No. 678, § 6; 2016, No. 141, § 6.

Amendments. The 2016 amendment substituted “National Park College” for “National Park Community College”.

6-58-107. Effect of merger on curriculum.

    1. National Park College shall offer the option of:
      1. Applied general education courses in occupational certificate and associate degree programs now offered by Quapaw Technical Institute; and
      2. Where appropriate to the program involved, programs now offered by Garland County Community College.
    2. Students in the programs involved also may be offered the options of college transfer general education courses in addition to the option of applied general education courses.
  1. Without regard to the higher average cost of occupational programs, all current Quapaw Technical Institute programs shall continue to be offered by National Park College for as long as they meet industry needs and are fiscally effective.
  2. All adult basic education, high school equivalency tests, and high school programs currently provided by Quapaw Technical Institute or the Garland County Community College shall continue at National Park College.
  3. Existing certificate and degree programs now offered at Quapaw Technical Institute or Garland County Community College shall continue to be authorized for National Park College until the Arkansas Higher Education Coordinating Board determines that the programs do not meet minimum standards of quality and cost-effectiveness.

History. Acts 2003, No. 678, § 7; 2015, No. 1115, § 10; 2016, No. 141, § 6.

Amendments. The 2015 amendment substituted “high school equivalency tests” for “general educational development tests” in (c).

The 2016 amendment substituted “National Park College” for “National Park Community College” throughout the section.

6-58-108. Purchasing.

  1. Purchases by National Park College shall continue to be made under procedures which were applicable to Garland County Community College or may be made under procedures that were applicable to Quapaw Technical Institute.
  2. Flexibility in shop purchases, parts, and house construction programs shall continue in the same manner as authorized for the original institutions.

History. Acts 2003, No. 678, § 8; 2016, No. 141, § 6.

Amendments. The 2016 amendment substituted “National Park College” for “National Park Community College” in (a).

6-58-109. Transfer of assets, obligations, records, personnel, property, unexpended balances, and legal authority.

  1. On July 1, 2003, all property and other rights, claims, and assets of the Quapaw Technical Institute are transferred to National Park College.
  2. On July 1, 2003, all obligations of the Quapaw Technical Institute become obligations of National Park College.
  3. On July 1, 2003, all records, personnel, property, unexpended balances of appropriations and funds, and all legal authority will transfer from the Quapaw Technical Institute to National Park College.
  4. All cash fund balances of Quapaw Technical Institute transferred to National Park College shall be used for the operation, support, and improvement of occupational, vocational, technical, and work force development programs of National Park College.

History. Acts 2003, No. 678, § 9; 2016, No. 141, § 6.

Amendments. The 2016 amendment substituted “National Park College” for “National Park Community College” throughout the section.

6-58-110. Work Force 2000 funding.

Funding from the Work Force 2000 Development Fund which would have been provided to Quapaw Technical Institute shall be provided to National Park College to fund work force development, vocational, occupational, and training programs offered by National Park College.

History. Acts 2003, No. 678, § 10; 2016, No. 141, § 6.

Amendments. The 2016 amendment substituted “National Park College” for “National Park Community College” twice.

6-58-111. Funding for salary equity.

In that funding for and achievement of salary equity among employees of National Park College is essential for the successful merger of Quapaw Technical Institute into National Park College, this chapter shall become void if, prior to May 1, 2003, the board of either Garland County Community College or Quapaw Technical Institute determines that funds are not available to achieve salary equity.

History. Acts 2003, No. 678, § 11; 2016, No. 141, § 6.

Amendments. The 2016 amendment substituted “National Park College” for “National Park Community College” twice.

6-58-112. Conversion of positions and maximum salaries for Quapaw Technical Institute.

The maximum salaries as authorized for the positions in the appropriations act for Quapaw Technical Institute shall be converted to the maximum salaries for the equivalent or similar positions as authorized in the appropriations act for National Park College. The conversion of the maximum salaries shall be approved by the Division of Higher Education for line item salaries or by the Department of Finance and Administration for classified salaries and be reported to the Legislative Council.

History. Acts 2003, No. 678, § 12; 2016, No. 141, § 6; 2019, No. 910, § 1936.

Amendments. The 2016 amendment made no changes to this section.

The 2019 amendment substituted “National Park College” for “Garland County Community College” and “Division of Higher Education” for “Department of Higher Education”.

6-58-113. Employee health insurance plan.

  1. The Board of Trustees of National Park College may determine each year whether to offer employees of National Park College more than one (1) health insurance plan from which to choose.
  2. If more than one (1) health insurance plan is authorized by the Board of Trustees of National Park College, a permanent employee of the college may annually elect to enroll in:
    1. The National Park College Health Insurance Plan, if a plan is adopted by the Board of Trustees of National Park College; or
    2. The health insurance plan adopted by the State and Public School Life and Health Insurance Board for state employees, if the Board of Trustees of National Park College authorizes college employees to participate in the plan subject to the conditions and rates established by the State and Public School Life and Health Insurance Board.
  3. The election under subsection (b) of this section must be made:
    1. At the time of initial employment by the college; or
    2. During the applicable annual open enrollment period for the health insurance plan.
  4. An election under subsection (b) of this section is effective for the health insurance plan year and may not be altered until the following annual open enrollment period for the health insurance plan.

History. Acts 2005, No. 908, § 1; 2016, No. 141, § 6.

Amendments. The 2016 amendment substituted “National Park College” for “National Park Community College” throughout the section.

Chapter 59 Arkansas Northeastern College

Effective Dates. Acts 2003, No. 830, § 12: Mar. 27, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that Mississippi County Community College, effective July 1, 2003, should be renamed as the Arkansas Northeastern College; that it would benefit both Cotton Boll Technical Institute and Mississippi County Community College to merge into one institution; that the merger of Cotton Boll Technical Institute into Mississippi County Community College should occur at the beginning of the next fiscal year; that substantial work must be done before the merger; and that this act must become effective immediately in order for the preparatory work for the merger to be completed. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-59-101. Definitions.

As used in this chapter:

  1. “Adult education program” means any classes designed to assist students in preparing for a high school equivalency test and any class designed to improve performance in general basic skills, parenting, English proficiency, or other areas funded by the Adult Education Section; and
  2. “Applied general education courses” means courses from mathematics, communications, social sciences, and similar fields specifically addressing the employment needs of students in one (1) or more occupational programs.

History. Acts 2003, No. 830, § 1; 2015, No. 1115, § 11; 2019, No. 910, § 1937.

Amendments. The 2015 amendment substituted “a high school equivalency test” for “the General Educational Development Test” in (1).

The 2019 amendment substituted “Division of Workforce Services” for “Department of Career Education” following “Adult Education Section of the” in (1).

6-59-102. Merger and name change.

  1. Effective July 1, 2003, Cotton Boll Technical Institute is merged with and into Mississippi County Community College, subject to the concurrence of the Higher Learning Commission of the North Central Association of Colleges and Schools.
  2. Effective July 1, 2003, Mississippi County Community College shall be renamed and known as Arkansas Northeastern College.

History. Acts 2003, No. 830, § 2.

6-59-103. Board of directors and ex officio board of trustees.

Each board member of the Cotton Boll Technical Institute Board of Directors serving on June 30, 2003, shall become an ex officio member of the Board of Trustees of Arkansas Northeastern College on July 1, 2003, and for the remainder of his or her appointed term.

History. Acts 2003, No. 830, § 3.

6-59-104. Effect of merger on employees.

    1. All permanent nonprobationary employees of Cotton Boll Technical Institute on June 30, 2003, shall become employees of Arkansas Northeastern College on July 1, 2003.
    2. A person who was a permanent nonprobationary employee of Cotton Boll Technical Institute on June 30, 2003, shall be employed by the Arkansas Northeastern College at least until July 1, 2008, if:
      1. Job performance is satisfactory;
      2. Student enrollment in programs is satisfactory; and
      3. Student job placements are satisfactory.
      1. By January 31, 2004, employees who were employed on June 30, 2003, by Mississippi County Community College or Cotton Boll Technical Institute shall have the right to make a one-time choice between:
        1. The Arkansas Northeastern College health insurance plan; or
        2. The health insurance plan adopted by the State and Public School Life and Health Insurance Board for state employees.
      2. An employee who was employed by Cotton Boll Technical Institute on June 30, 2003, shall be entitled to remain in his or her same retirement system under the same conditions then provided by law or as may later be provided by law.
      3. The Cotton Boll Technical Institute employees who are classified employees of Cotton Boll Technical Institute but whose positions are deemed equivalent by Arkansas Northeastern College to nonclassified employee positions at the college may become nonclassified, and the classified position authorization is changed to nonclassified position authorization with the requisite increase in each appropriate nonclassified position allotment to Arkansas Northeastern College.
    1. The Board of Trustees of Arkansas Northeastern College shall promulgate rules establishing the procedure for employees to exercise equal benefit options under this subsection.
    1. The President of the Cotton Boll Technical Institute on June 30, 2003, shall be a vice president at the Arkansas Northeastern College until at least July 1, 2008.
    2. The employee who was the president on June 30, 2003, shall retain and continue to receive:
      1. All options, rights, and benefits of employment, including salary plus any adjustment authorized by the board, granted in subdivision (b)(1) of this section; and
      2. Any transportation benefits that accompanied the position of president.
  1. An employee who was a member of the faculty of Cotton Boll Technical Institute on June 30, 2003, shall be deemed qualified to teach in the same level programs at the Arkansas Northeastern College if:
    1. The faculty member's job performance is satisfactory;
    2. Student enrollment is satisfactory; and
    3. Student job placements are satisfactory.

History. Acts 2003, No. 830, § 4; 2019, No. 315, § 359.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (b)(2).

6-59-105. Sick leave.

The employees of Arkansas Northeastern College shall be entitled to lump sum payment for unused sick leave under a program similar to that authorized by §§ 21-4-501 and 21-4-502 [repealed].

History. Acts 2003, No. 830, § 5.

6-59-106. Catastrophic leave program.

  1. Mississippi County Community College has established a Catastrophic Leave Program for all permanent employees. The program is similar to that authorized under § 21-4-214.
  2. All Cotton Boll Technical Institute employees who were employed by Cotton Boll Technical Institute on June 30, 2003, shall be in the Catastrophic Leave Program of the Arkansas Northeastern College.

History. Acts 2003, No. 830, § 6.

6-59-107. Effect of merger on curriculum.

    1. Arkansas Northeastern College shall offer the option of:
      1. Applied general education courses in occupational certificate programs now offered by Cotton Boll Technical Institute; and
      2. Where appropriate to the program involved, programs offered by Mississippi County Community College as of March 27, 2003.
    2. Students in the programs involved may also be offered the options of college transfer general education courses in addition to the option of applied general education courses.
  1. Without regard to the higher average cost of occupational programs, all current Cotton Boll Technical Institute programs shall continue to be offered by Arkansas Northeastern College for as long as they meet industry or student needs.
  2. All adult basic education, high school equivalency tests, and high school programs provided by Cotton Boll Technical Institute or the Mississippi County Community College on March 27, 2003, shall continue at the Arkansas Northeastern College.
  3. Existing certificate programs now offered at Cotton Boll Technical Institute or certificate and degree programs now offered at Mississippi County Community College shall continue to be authorized for Arkansas Northeastern College until the Arkansas Higher Education Coordinating Board determines that the programs do not meet minimum standards of quality and cost-effectiveness.

History. Acts 2003, No. 830, § 7; 2015, No. 1115, § 12.

Amendments. The 2015 amendment substituted “high school equivalency tests” for “general educational development tests” in (c).

6-59-108. Purchasing.

  1. Purchases by Arkansas Northeastern College shall continue to be made under procedures that were applicable to Mississippi County Community College or may be made under procedures that were applicable to Cotton Boll Technical Institute.
  2. Flexibility in shop purchases, parts, and house construction programs shall continue in the same manner authorized for the original institutions.

History. Acts 2003, No. 830, § 8.

6-59-109. Transfer of assets, obligations, records, personnel, property, unexpended balances, and legal authority.

  1. On July 1, 2003, all property and other rights, claims, and assets of the Cotton Boll Technical Institute are transferred to Arkansas Northeastern College.
  2. On July 1, 2003, all obligations of the Cotton Boll Technical Institute shall become obligations of Arkansas Northeastern College.
  3. On July 1, 2003, all records, personnel, property, unexpended balances, and all legal authority transfer from the Cotton Boll Technical Institute to Arkansas Northeastern College.
  4. All cash fund balances of Cotton Boll Technical Institute transferred to Arkansas Northeastern College shall be used for the operation, support, and improvement of occupational, vocational, technical, and workforce development programs of Arkansas Northeastern College.

History. Acts 2003, No. 830, § 9.

6-59-110. Work Force 2000 funding.

Funding from the Work Force 2000 Development Fund which would have been provided to Cotton Boll Technical Institute shall be provided to Arkansas Northeastern College to fund workforce development, vocational, occupational, and training programs offered by Arkansas Northeastern College.

History. Acts 2003, No. 830, § 10.

6-59-111. Funding for salary equity.

In that funding for and achievement of salary equity among employees of Arkansas Northeastern College is essential for the successful merger of Cotton Boll Technical Institute into Arkansas Northeastern College, this chapter declares the importance of the provision through the Revenue Stabilization Law, § 19-5-101 et seq., for salary equity in addition to incremental funding increases comparable to other institutions of higher education.

History. Acts 2003, No. 830, § 11.

Subtitle 5. Postsecondary and Higher Education Generally

Chapter 60 General Provisions

A.C.R.C. Notes. Acts 2013, No. 1397, § 19, provided: “REALLOCATION OF RESOURCES FOR INSTITUTIONS OF HIGHER EDUCATION.

Upon determination by the president or chancellor of an institution of higher education that a reallocation of resources for purposes of reorganization or consolidation of administrative functions within the institution is necessary for efficient and effective operations of the institution, the president or chancellor, with approval of the institution's board of trustees, may have the authority to transfer positions, appropriations and related funds between campuses, divisions, branches, and other budgetary units of the institution, after receiving prior approval of the Legislative Council or Joint Budget Committee. The transfers of positions, programs, or activities shall be used for those purposes for which the appropriations were approved by the General Assembly. The transfers, consolidations, or reorganizations which involve academic programs shall be reviewed by the Department of Higher Education prior to submission to the Legislative Council or Joint Budget Committee. Provided, however, that the institution shall be limited to submitting no more than two (2) individual transaction transfer requests during any fiscal year and shall be further limited to no more than five percent (5%) of the total General Revenue and Special Revenue appropriation, funding, positions specific to each institution, and no Tobacco Settlement funds or appropriations may be reallocated pursuant to this section.

“Determining the maximum number of employees and the maximum amount of appropriation and general revenue funding for institutions of higher education each fiscal year is the prerogative of the General Assembly. This is usually accomplished by delineating such maximums in the appropriation act(s) for institutions of higher education and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization law. Further, the General Assembly has determined that institutions of higher education may operate more efficiently if some flexibility is provided to institutions of higher education authorizing broad powers under this Section. Therefore, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee as provided by this section. The requirement of approval by the Legislative Council or Joint Budget Committee is not a severable part of this section. If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2013, No. 1397, § 36, provided: “STUDENT UNDERGRADUATE RESEARCH FELLOWSHIP (SURF) PROGRAM. The focus of the Student Undergraduate Research Fellowship (SURF) Program is the continued development of undergraduate academic research efforts at Arkansas colleges and universities. The Arkansas Department of Higher Education shall adopt rules and regulations necessary for the proper administration of the Student Undergraduate Research Fellowship Program. Administrative functions and responsibilities may include, but not necessarily be limited to, the development of eligibility criteria, collection of applications, coordination of student evaluations, distribution of public notices, and funding of grants for academic research purposes. Staff of the Arkansas Department of Higher Education shall administer this program. The Arkansas Department of Higher Education shall be authorized to expense costs associated with the administration of the program, from funds made payable from the Higher Education Grants Fund Account for the Student Undergraduate Research Fellowship Program as authorized in Section 4 of this Act.”

Acts 2014, No. 104, § 19, provided:

“REALLOCATION OF RESOURCES FOR INSTITUTIONS OF HIGHER EDUCATION. Upon determination by the president or chancellor of an institution of higher education that a reallocation of resources for purposes of reorganization or consolidation of administrative functions within the institution is necessary for efficient and effective operations of the institution, the president or chancellor, with approval of the institution's board of trustees, may have the authority to transfer positions, appropriations and related funds between campuses, divisions, branches, and other budgetary units of the institution, after receiving prior approval of the Legislative Council or Joint Budget Committee. The transfers of positions, programs, or activities shall be used for those purposes for which the appropriations were approved by the General Assembly. The transfers, consolidations, or reorganizations which involve academic programs shall be reviewed by the Department of Higher Education prior to submission to the Legislative Council or Joint Budget Committee. Provided, however, that the institution shall be limited to submitting no more than two (2) individual transaction transfer requests during any fiscal year and shall be further limited to no more than five percent (5%) of the total General Revenue and Special Revenue appropriation, funding, positions specific to each institution, and no Tobacco Settlement funds or appropriations may be reallocated pursuant to this section.

“Determining the maximum number of employees and the maximum amount of appropriation and general revenue funding for institutions of higher education each fiscal year is the prerogative of the General Assembly. This is usually accomplished by delineating such maximums in the appropriation act(s) for institutions of higher education and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization law. Further, the General Assembly has determined that institutions of higher education may operate more efficiently if some flexibility is provided to institutions of higher education authorizing broad powers under this Section. Therefore, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee as provided by this section. The requirement of approval by the Legislative Council or Joint Budget Committee is not a severable part of this section. If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2014, No. 104, § 36, provided: “STUDENT UNDERGRADUATE RESEARCH FELLOWSHIP (SURF) PROGRAM. The focus of the Student Undergraduate Research Fellowship (SURF) Program is the continued development of undergraduate academic research efforts at Arkansas colleges and universities. The Arkansas Department of Higher Education shall adopt rules and regulations necessary for the proper administration of the Student Undergraduate Research Fellowship Program. Administrative functions and responsibilities may include, but not necessarily be limited to, the development of eligibility criteria, collection of applications, coordination of student evaluations, distribution of public notices, and funding of grants for academic research purposes. Staff of the Arkansas Department of Higher Education shall administer this program. The Arkansas Department of Higher Education shall be authorized to expense costs associated with the administration of the program, from funds made payable from the Higher Education Grants Fund Account for the Student Undergraduate Research Fellowship Program as authorized in Section 4 of this Act.”

Acts 2015, No. 544, § 1, provided:

“Legislative Task Force on the Realignment of Higher Education.

“(a) There is created the Legislative Task Force on the Realignment of Higher Education.

“(b)(1) The task force shall consist of the following twelve (12) members:

“(A) The Chair of the House Committee on Education or the chair’s designee;

“(B) The Chair of the Senate Committee on Education or the chair’s designee;

“(C) Five (5) Representatives appointed by the Speaker of the House of Representatives; and

“(D) Five (5) Senators appointed by the President Pro Tempore of the Senate.

“(2) If a vacancy occurs on the task force, the vacancy shall be filled by the same process as the original appointment.

“(3) Legislative members of the task force shall be paid per diem and mileage as authorized by law for attendance at meetings of interim committees of the General Assembly.

“(c)(1) The Speaker of the House of Representatives shall call the first meeting of the task force within thirty (30) days of the effective date of this act and shall serve as chair of the task force at the first meeting.

“(2) At the first meeting of the task force, the members of the task force shall elect from its membership a chair and other officers as needed for the transaction of its business.

“(3)(A) The task force shall conduct its meetings at the State Capitol or another site selected by the chair.

“(B) Meetings of the task force shall be held at least one (1) time every two (2) months but may occur more often at the call of the chair.

“(4) The task force shall establish rules and procedures for conducting its business.

“(5)(A) A majority of the members of the task force shall constitute a quorum for transacting business of the task force.

“(B) The task force may not take an action except by a majority vote at a meeting at which a quorum is present.

“(6) The Bureau of Legislative Research shall provide staff for the task force.

“(d) The purpose of the task force is to:

“(1) Study the advantages and disadvantages of realigning state-supported institutions of higher education;

“(2) Identify current redundancies that exist with the current structure of higher education in Arkansas;

“(3) Determine what mechanisms are currently available or could be available to provide cost savings to state-supported institutions of higher education and to students;

“(4) Improve accountability to and communications with the General Assembly; and

“(5) Review the structure of higher education systems in other states, identifying those states with efficient and successful systems.

“(e) On or before November 1, 2016, the task force shall file a report of the task force’s activities, findings, and recommendations with the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Chair of the House Committee on Education, and the Chair of the Senate Committee on Education.

“(f) The task force shall expire on December 31, 2016.”

Acts 2015, No. 978, § 20, provided: “REALLOCATION OF RESOURCES FOR INSTITUTIONS OF HIGHER EDUCATION.

Upon determination by the president or chancellor of an institution of higher education that a reallocation of resources for purposes of reorganization or consolidation of administrative functions within the institution is necessary for efficient and effective operations of the institution, the president or chancellor, with approval of the institution's board of trustees, may have the authority to transfer positions, appropriations and related funds between campuses, divisions, branches, and other budgetary units of the institution, after receiving prior approval of the Legislative Council or Joint Budget Committee. The transfers of positions, programs, or activities shall be used for those purposes for which the appropriations were approved by the General Assembly. The transfers, consolidations, or reorganizations which involve academic programs shall be reviewed by the Department of Higher Education prior to submission to the Legislative Council or Joint Budget Committee. Provided, however, that the institution shall be limited to submitting no more than two (2) individual transaction transfer requests during any fiscal year and shall be further limited to no more than five percent (5%) of the total General Revenue and Special Revenue appropriation, funding, positions specific to each institution, and no Tobacco Settlement funds or appropriations may be reallocated pursuant to this section.

“Determining the maximum number of employees and the maximum amount of appropriation and general revenue funding for institutions of higher education each fiscal year is the prerogative of the General Assembly. This is usually accomplished by delineating such maximums in the appropriation act(s) for institutions of higher education and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization law. Further, the General Assembly has determined that institutions of higher education may operate more efficiently if some flexibility is provided to institutions of higher education authorizing broad powers under this Section. Therefore, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee as provided by this section. The requirement of approval by the Legislative Council or Joint Budget Committee is not a severable part of this section. If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2015, No. 978, § 35, provided: “STUDENT UNDERGRADUATE RESEARCH FELLOWSHIP (SURF) PROGRAM. The focus of the Student Undergraduate Research Fellowship (SURF) Program is the continued development of undergraduate academic research efforts at Arkansas colleges and universities. The Arkansas Department of Higher Education shall adopt rules and regulations necessary for the proper administration of the Student Undergraduate Research Fellowship Program. Administrative functions and responsibilities may include, but not necessarily be limited to, the development of eligibility criteria, collection of applications, coordination of student evaluations, distribution of public notices, and funding of grants for academic research purposes. Staff of the Arkansas Department of Higher Education shall administer this program. The Arkansas Department of Higher Education shall be authorized to expense costs associated with the administration of the program, from funds made payable from the Higher Education Grants Fund Account for the Student Undergraduate Research Fellowship Program as authorized in Section 4 of this Act.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 236, § 19, provided: “REALLOCATION OF RESOURCES FOR INSTITUTIONS OF HIGHER EDUCATION. Upon determination by the president or chancellor of an institution of higher education that a reallocation of resources for purposes of reorganization or consolidation of administrative functions within the institution is necessary for efficient and effective operations of the institution, the president or chancellor, with approval of the institution's board of trustees, may have the authority to transfer positions, appropriations and related funds between campuses, divisions, branches, and other budgetary units of the institution, after receiving prior approval of the Legislative Council or Joint Budget Committee. The transfers of positions, programs, or activities shall be used for those purposes for which the appropriations were approved by the General Assembly. The transfers, consolidations, or reorganizations which involve academic programs shall be reviewed by the Department of Higher Education prior to submission to the Legislative Council or Joint Budget Committee. Provided, however, that the institution shall be limited to submitting no more than two (2) individual transaction transfer requests during any fiscal year and shall be further limited to no more than five percent (5%) of the total General Revenue and Special Revenue appropriation, funding, positions specific to each institution, and no Tobacco Settlement funds or appropriations may be reallocated pursuant to this section.

“Determining the maximum number of employees and the maximum amount of appropriation and general revenue funding for institutions of higher education each fiscal year is the prerogative of the General Assembly. This is usually accomplished by delineating such maximums in the appropriation act(s) for institutions of higher education and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization law. Further, the General Assembly has determined that institutions of higher education may operate more efficiently if some flexibility is provided to institutions of higher education authorizing broad powers under this Section. Therefore, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee as provided by this section. The requirement of approval by the Legislative Council or Joint Budget Committee is not a severable part of this section. If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2016, No. 236, § 34, provided: “STUDENT UNDERGRADUATE RESEARCH FELLOWSHIP (SURF) PROGRAM. The focus of the Student Undergraduate Research Fellowship (SURF) Program is the continued development of undergraduate academic research efforts at Arkansas colleges and universities. The Arkansas Department of Higher Education shall adopt rules and regulations necessary for the proper administration of the Student Undergraduate Research Fellowship Program. Administrative functions and responsibilities may include, but not necessarily be limited to, the development of eligibility criteria, collection of applications, coordination of student evaluations, distribution of public notices, and funding of grants for academic research purposes. Staff of the Arkansas Department of Higher Education shall administer this program. The Arkansas Department of Higher Education shall be authorized to expense costs associated with the administration of the program, from funds made payable from the Higher Education Grants Fund Account for the Student Undergraduate Research Fellowship Program as authorized in Section 4 of this Act.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Subchapter 1 — General Provisions

A.C.R.C. Notes. Acts 2013, No. 1397, § 29, provided: “AUDIT/REVIEW OF STATE SCHOLARSHIP FUNDS. Any post-secondary institution that receives state scholarship funds administered by the Arkansas Department of Higher Education shall be subject to audit/review of such funds by the Division of Legislative Audit, upon approval of the Legislative Joint Audit Committee.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 104, § 29, provided:

“AUDIT/REVIEW OF STATE SCHOLARSHIP FUNDS. Any post-secondary institution that receives state scholarship funds administered by the Arkansas Department of Higher Education shall be subject to audit/review of such funds by the Division of Legislative Audit, upon approval of the Legislative Joint Audit Committee.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 978, § 28, provided:

“AUDIT/REVIEW OF STATE SCHOLARSHIP FUNDS. Any post-secondary institution that receives state scholarship funds administered by the Arkansas Department of Higher Education shall be subject to audit/review of such funds by the Division of Legislative Audit, upon approval of the Legislative Joint Audit Committee.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 236, § 27, provided: “AUDIT/REVIEW OF STATE SCHOLARSHIP FUNDS. Any post-secondary institution that receives state scholarship funds administered by the Arkansas Department of Higher Education shall be subject to audit/review of such funds by the Division of Legislative Audit, upon approval of the Legislative Joint Audit Committee.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Preambles. Acts 1867, No. 28, contained a preamble which read:

“Whereas, By an act of congress, entitled ‘an act to amend the 5th section of an act entitled an act donating public lands to the several states and territories, which may provide colleges for the benefit of agriculture and the mechanic arts,’ approved July 2nd, 1862, so as to extend the time within which the provisions of said act shall be accepted, and such colleges established, approved 23rd July 1866, it is enacted, among other things, ‘that the time in which the several states may comply with the provisions of the act of July two, eighteen hundred and sixty-two, entitled an act donating public lands to the several states and territories, which may provide colleges for the benefit of agriculture and the mechanic arts,’ is thereby extended, so that the acceptance of the benefits of said act may be expressed within three years from the passage of said amendatory act, and that the colleges required by the said act may be provided within five years from the date of the filing such acceptance with the commissioner of the general land office; and, whereas, the state of Arkansas has not, heretofore, passed any valid act of acceptance of the grant aforesaid by her legislature, in accordance with the requirements of said act of congress; and, whereas, said state is not in a condition of rebellion or insurrection against the government of the United States, now, therefore, to enable the state of Arkansas to receive the benefits of said grant by congress, and to express and signify her acceptance of the same in conformity to its provisions… .”

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-60-101. Acceptance of land grants.

  1. The State of Arkansas signifies and declares her assent to the grant of land and land scrip as authorized and contained in the Act of Congress entitled, “An act donating public lands to the several states and territories, which may provide colleges for the benefit of agriculture and the mechanic arts”, approved July 2, 1862, and altogether on the terms and conditions provided in the act, and also to the Act of Congress entitled, “An act to amend the fifth section of an act entitled, ‘An act donating public lands to the several states and territories, which may provide colleges for the benefit of agriculture and the mechanic arts’, approved July 2, 1862, so as to extend the time, within which the provisions of said act shall be accepted, and such colleges established”, approved July 23, 1866.
  2. The State of Arkansas shall observe and perform the conditions contained and provided in the enactment, that is to say:
    1. The State of Arkansas will replace any portion of the fund provided by section four (4) of the act, or any portion of the interest thereon, which shall by any action or contingency be diminished or lost, so that the capital fund shall remain forever undiminished, and will apply the annual interest thereon regularly, without diminution, to the purposes mentioned in the fourth section 7 U.S.C. § 304, subject only to the exception contained in section five (5) of the Act of Congress approved July 23, 1866;
    2. The State of Arkansas, further assenting, agrees that no portion of the fund, nor the interest thereon, shall be applied directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any buildings;
    3. The State of Arkansas further agrees to provide at least one (1) college, as described in section four (4) of the Act of Congress approved July 2, 1862, and in accordance with the act amendatory of that act; and also to pay the United States the amount received of any lands previously sold to which the title of purchasers was valid;
    4. The State of Arkansas further agrees that an annual report shall be made regarding the progress of each college in accordance with paragraph four (4) of section five (5) of the Act of Congress.

History. Acts 1867, No. 28, §§ 1, 2, p. 84; C. & M. Dig., § 9504; Pope's Dig., § 13123; A.S.A. 1947, §§ 80-2849, 80-2850.

U.S. Code. Act of Congress of July 2, 1862, referred to in this section, is codified as 7 U.S.C. §§ 301-308. Act of Congress of July 23, 1866, referred to in this section, is codified as 7 U.S.C. § 305.

Case Notes

Cited: Arkansas v. Texas, 346 U.S. 368, 74 S. Ct. 109, 98 L. Ed. 80 (1953).

6-60-102. Consolidations and mergers.

  1. The purpose of this section is to create incentives for more efficient management of the public higher education resources of the State of Arkansas by allowing public higher education institutions and their boards of trustees to merge or consolidate on a voluntary basis and to consolidate administrative functions by transferring them to another institution.
    1. A fund account is hereby established called the Higher Education Consolidation Matching Fund.
    2. Moneys deposited into this account shall be made available to match documented savings at public institutions of higher education that consolidate or merge.
    3. The amount of matching funds to be made available from the fund shall be determined by the Arkansas Higher Education Coordinating Board.
    4. Upon review and approval of the Chief Fiscal Officer of the State, the funds shall be transferred to the newly constituted or merged institution from the fund.
  2. The institutional consolidations and mergers eligible for matching funds under the terms of this section include:
    1. Two (2) or more public universities;
    2. Two (2) or more public two-year colleges;
    3. Community colleges and technical institutes located in the same city or the same county;
    4. New systems of public higher education institutions composed of two-year and four-year institutions under the control of a single board of trustees;
    5. Existing systems of public higher education institutions that add two-year and/or four-year institutions to the system; and
    6. Administrative function consolidation with similar services or operations at another institution.
    1. Consolidations or mergers involving community colleges shall be subject to the provisions of § 6-61-519, where applicable, when the result of a consolidation or a merger requires dissolution of the community college district.
    2. Any agreements made by community colleges with other public colleges or universities to consolidate or merge are declared to be consistent with the provisions of § 6-61-524, which permits the sharing of facilities, personnel, and services by community colleges.
  3. The board, in consultation with the public colleges and universities, is authorized to develop policies and rules to implement the provisions of this section.

History. Acts 1995, No. 287, §§ 1-5; 1995, No. 388, §§ 1-5; 2019, No. 315, § 360.

Amendments. The 2019 amendment substituted “policies and rules” for “policies, rules, and regulations” in (e).

6-60-103. [Repealed.]

Publisher's Notes. This section, concerning the Arkansas safe campus task force, was repealed by Acts 2013, No. 1155, § 19. The section was derived from Acts 2009, No. 1400, § 2.

6-60-104. Social media accounts of current and prospective students or employees — Definitions.

  1. As used in this section:
    1. “Employee” means an individual who provides services or labor for wages or other remuneration for an institution of higher education;
    2. “Institution of higher education” means a public or private institution that provides postsecondary education or training to students that is academic, technical, trade-oriented, or in preparation for gaining employment in a recognized occupation;
      1. “Social media account” means a personal account with an electronic medium or service where users may create, share, or view user-generated content, including without limitation:
        1. Videos;
        2. Photographs;
        3. Blogs;
        4. Podcasts;
        5. Messages;
        6. Emails; and
        7. Website profiles or locations.
      2. “Social media account” does not include an account:
        1. Opened by an employee or student at the request of an institution of higher education;
        2. Provided to an employee or student by an institution of higher education, such as an institutional email account or other software program owned or operated exclusively by an institution of higher education;
        3. Set up by an employee or student on behalf of an institution of higher education; or
        4. Set up by an employee or student to impersonate an institution of higher education through the use of the institution's name, logos, or trademarks.
      3. “Social media account” includes without limitation an account established with Facebook, Twitter, LinkedIn, Myspace, or Instagram; and
    3. “Student” means a person enrolled part-time or full-time at an institution of higher education in an organized course of study.
  2. An institution of higher education shall not require, request, suggest, or cause:
    1. A current or prospective employee or student to disclose his or her username and password to the current or prospective employee's or student's social media account; or
    2. A current or prospective student, as a condition of acceptance in curricular or extracurricular activities, to:
      1. Add an employee or volunteer of the institution of higher education, including without limitation a coach, professor, or administrator, to the list of contacts associated with his or her social media account; or
      2. Change the privacy settings associated with his or her social media account.
  3. An institution of higher education shall not:
    1. Take action against or threaten to discharge, discipline, prohibit from participating in curricular or extracurricular activities, or otherwise penalize a current student for exercising his or her rights under subsection (b) of this section; or
    2. Fail or refuse to admit or hire a prospective employee or student for exercising his or her rights under subsection (b) of this section.
  4. This section does not prohibit an institution of higher education from viewing information about a current or prospective employee or student that is publicly available on the internet.
  5. Nothing in this section prevents an institution of higher education from complying with the requirements of federal laws or regulations, or state laws or rules.

History. Acts 2013, No. 998, § 1; 2019, No. 315, § 361.

Amendments. The 2019 amendment substituted “federal laws or regulations, or state laws or rules” for “federal or state laws, rules, or regulations” in (e).

Research References

Ark. L. Rev.

Bethany N. Whitfield, Comment: Social Media @ Work: #policyneeded, 66 Ark. L. Rev. 843 (2013).

6-60-105. Employment and earnings outcomes — Report.

    1. Annually, the Division of Workforce Services shall prepare or contract with an entity to prepare an economic security report of employment and earning outcomes for degrees, diplomas, and certificates earned at state-supported institutions of higher education and state-supported technical institutes.
    2. The report required under subdivision (a)(1) of this section shall:
      1. Be made available online;
      2. Be easily accessible and readable by the public;
      3. Be broken down by educational sector;
      4. Use data available to the Division of Higher Education relating to the employment and earnings of graduates of degree, diploma, and certificate programs from a state-supported institution of higher education or a state-supported technical institute;
      5. Use an integrated postsecondary education data system for calculating the average student loan debt of a graduate of a degree, diploma, or certificate program from a state-supported institution of higher education or a state-supported technical institute;
      6. Include data on the employment of graduates of a degree, diploma, or certificate program from a state-supported institution of higher education or a state-supported technical institute beginning the year after the degree, diploma, or certificate is earned, including graduates employed full-time, by:
        1. Number; and
        2. Percentage; and
      7. Include on an annual basis data on the earnings of graduates of a degree, diploma, or certificate program at a state-supported institution of higher education or a state-supported technical institute beginning the year after the degree, diploma, or certificate is earned.
    1. Annually, a four-year state-supported institution of higher education and a two-year state-supported institution of higher education shall provide an enrolled student with electronic access to the economic security report of employment and earnings outcomes prepared by the Division of Workforce Services before the student registers for classes.
    2. Annually, beginning July 1, 2020, a state-supported technical institute shall provide an enrolled student with electronic access to the economic security report of employment and earnings outcomes prepared by the Division of Workforce Services before the student registers for classes.
  1. Each four-year state-supported institution of higher education, each state-supported technical institute, and each two-year state-supported institution of higher education shall provide each student electronic access to the following information annually before the student registers for classes:
    1. The top twenty-five percent (25%) of certificates and degrees reported by the four-year state-supported institution of higher education in terms of the highest full-time job placement and highest average annual earnings in the year after certificate or degree completion; and
    2. The bottom ten percent (10%) of certificates and degrees reported by the four-year state-supported institution of higher education in terms of the lowest full-time job placement and lowest average annual earnings in the year after certificate or degree completion.
  2. Annually, a public school student in grade seven through grade twelve (7-12) or the student's parent or guardian shall receive a two-page summary of and electronic access to the economic security report of employment and earnings outcomes prepared by the Division of Workforce Services under this section.

History. Acts 2015, No. 852, § 1; 2019, No. 235, § 1; 2019, No. 910, §§ 160-163.

Amendments. The 2019 amendment by No. 235, in (a)(1), deleted “beginning June 30, 2016” following “Annually”, inserted “diplomas”, and added “and state-supported technical institutes”; redesignated (a)(3) as part of (a)(2) and rewrote (a)(2); added the (b)(1) designation and deleted “beginning July 1, 2016” following “Annually” in (b)(1); added (b)(2); inserted “each state-supported technical institute” in the introductory language of (c); and, in (d), deleted “beginning August 1, 2016” following “Annually”, deleted “Department of Workforce Service's” following “access to the”, and inserted “by the Division of Workforce Services”.

The 2019 amendment by No. 910, in (a)(1), deleted “beginning June 30, 2016” following “Annually”, and substituted “Division of Workforce Services” for “Department of Workforce Services”; substituted “Division of Higher Education” for “Department of Higher Education” in (a)(2)(D); and substituted “Division of Workforce Services” for “Department of Workforce Services” and similar language in (b) and (d).

6-60-106. Unplanned pregnancies action plan.

  1. On and after November 3, 2015, the Arkansas Higher Education Coordinating Board, in collaboration with all public university and community college presidents and chancellors or their designees, shall develop an action plan to address the prevention of unplanned pregnancies among older teens who are unmarried.
  2. The action plan shall:
    1. Incorporate unplanned pregnancy prevention information for students through advising and student orientation;
    2. Integrate information that is recognized as medically accurate by the American College of Obstetricians and Gynecologists about the prevention of unplanned pregnancy into academic courses if and when appropriate, including without limitation abstinence education;
    3. Identify opportunities to raise awareness of and provide resources for the prevention of unplanned pregnancies across the entire student population;
    4. Identify opportunities for current students to reach out to younger teens to serve as mentors or role models, or both, of successful behaviors and healthy choices, including opportunities for outreach during summer vacation or during traditional after-school hours for grades kindergarten through twelve (K-12);
    5. Identify private or federal grants available to address the prevention of unplanned pregnancy and to promote student success, including any partnerships necessary to successfully compete for grants;
    6. Collaborate with the Department of Health or federally qualified health centers, or both, to promote access to care;
    7. Identify child care, transportation, financial aid, and other challenges specific to existing single parents; and
    8. Identify other topics or issues relating to the prevention and reduction of unplanned pregnancies among older teens.
    1. The board shall present the action plan to the Legislative Council upon its completion but no later than November 3, 2015.
    2. The board shall report on the status of the action plan annually to:
      1. The Chair of the Senate Committee on Public Health, Welfare, and Labor;
      2. The Chair of the House Committee on Public Health, Welfare, and Labor;
      3. The Chair of the Senate Committee on Education; and
      4. The Chair of the House Committee on Education.
  3. This section shall take effect on July 1, 2015.

History. Acts 2015, No. 943, § 2.

A.C.R.C. Notes. Acts 2015, No. 943, § 1, provided:

“Legislative findings.

“The General Assembly finds that:

“(1) Four thousand eighty-nine (4,089) births to teenage mothers were recorded in Arkansas in 2013;

“(2) Of those births, three thousand thirty (3,030) were among young women between eighteen (18) and nineteen (19) years of age; and

“(3) Community colleges and universities in Arkansas provide a critical venue to address the prevention of unplanned pregnancies among a significant number of older teens.”

6-60-107. Workforce initiative funding.

    1. The Division of Higher Education shall act as the disbursing entity for all funds for the Workforce Initiative Act of 2015.
    2. The Division of Higher Education shall establish procedures for the request for proposals under subdivision (b)(2) of this section that shall:
      1. Be approved by the Governor;
      2. Include input from the Division of Elementary and Secondary Education, the Division of Workforce Services, the Arkansas Economic Development Commission, and the Division of Career and Technical Education; and
      3. Be reported to the Legislative Council.
    3. The Division of Higher Education shall establish a grant application review and award process under this section that shall:
      1. Be approved by the Governor; and
      2. Include recommendations from the Division of Elementary and Secondary Education, the Division of Workforce Services, the Arkansas Economic Development Commission, and the Division of Career and Technical Education.
    1. The Division of Higher Education shall set funding priorities in three (3) phases.
        1. Phase one shall seek requests for proposals from alliances consisting of technical institutes, community colleges, universities, the kindergarten through grade twelve (K-12) education system, educational cooperatives, or employers, with input from local workforce investment boards, to receive planning grants of up to one hundred thousand dollars ($100,000).
          1. The local workforce investment boards shall identify the industry sectors for each of their ten (10) areas.
          2. The identification process shall include a comprehensive data analysis of employer skill requirements in each sector in each region.
          3. The identified industry sectors and employment skills shall serve as the basis for an application to a request for proposal from the Division of Higher Education.
      1. A request for proposal shall include an education and employer alignment plan that includes state-approved, employer-driven career pathways that are supported by a secondary center that awards concurrent credit courses that can be applied to a certificate of proficiency, technical certificate, Associate of Applied Science degree, or Bachelor of Applied Science degree or a similarly designed bachelor's degree.
      2. Recognizing the limited state resources, the priority for planning grants shall be given to the applicants that best enhance regional efforts, including collaboration between community colleges, universities, public schools, education service cooperatives, the local workforce investment boards, career and technical education programs, multidistrict vocational centers, and private partnerships with clearly defined and measurable performance and effectiveness objectives.
      1. Phase two shall provide implementation grants in an amount necessary to provide the resources to implement approved projects concluded and approved by the Division of Higher Education from phase one.
      2. Implementation grants shall include clearly defined outcome measures and last for up to two (2) years.
      1. Phase three shall provide continuation grants for phase two recipients that meet or exceed the outcome measures.
      2. Continuation grants shall be used to align the performance and relevance of programs to ever changing workforce training needs.

History. Acts 2015, No. 1131, § 2; 2019, No. 910, § 164.

A.C.R.C. Notes. Acts 2015, No. 1131, § 1, provided: “Legislative intent — Findings.

“(a) The General Assembly finds that is it necessary for Arkansas to properly evaluate and address the workforce training needs of our state in order to compete with an aggressive and effective economic development strategy for the twenty-first century.

“(b) Consideration of secondary and postsecondary education, including career and technical programs, is essential for creating a successful economic climate in the state.

“(c) Encouraging Arkansans to pursue high-demand jobs, including without limitation industry-recognized credentials, career and technical certificates, associate degree programs, and bachelor's degree programs is essential to building a skilled and work-ready workforce.

“(d) A program that offers short-term career and technical training and those programs that produce certificates of proficiency, technical certificates, Associate of Applied Science degrees, and Bachelor of Applied Science degrees or similarly designed bachelor degrees are critical to the success of economic development in Arkansas.

“(e)(1) Institutions and organizations will unite around shared regional sector strategies that support an employer demand-driven workforce system.

“(2) This system should support:

“(A) Creation of state and regional industry-sector driven partnerships that employers lead and to which education institutions respond;

“(B) Data-driven decisions on development and deployment of workforce training and education programs;

“(C) Development of articulated education pathways, from grades K-12 to baccalaureate, that are aligned with employment career pathways that include industry-recognized credential and employment step-out points; and

“(D) Increased diversity and representation from all regions of the state.”

Acts 2016, No. 236, § 41, provided: “DHE WORKFORCE INITIATIVE ACT FUNDING. The Chief Fiscal Officer of the State may transfer, on his or her books and those of the State Treasurer and the Auditor of the State, funding up to the amount authorized in Section 17 of this Act, from the Department of Higher Education Fund Account to the Workforce Initiative Act of 2015 Fund in order to finance the distribution of grants identified under § 6-60-107.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2017, No. 692, § 39, provided: “DHE WORKFORCE INITIATIVE ACT FUNDING. The Chief Fiscal Officer of the State may transfer, on his or her books and those of the State Treasurer and the Auditor of the State, funding up to the amount authorized in the Workforce Initiative Act of 2015 appropriation section in this Act, from the Department of Higher Education Fund Account to the Workforce Initiative Act of 2015 Fund in order to finance the distribution of grants identified under § 6-60-107.

“The provisions of this section shall be in effect only from July 1, 2017 through June 30, 2018.”

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education”, “Division of Elementary and Secondary Education” for “Department of Education”, “Division of Workforce Services” for “Department of Workforce Services”, and “Division of Career and Technical Education” for “Department of Career Education” throughout the section.

Meaning of “Workforce Initiative Act of 2015”. The phrase “Workforce Initiative Act of 2015” in subdivision (a)(1) of this section refers to Acts 2015, No. 1131, which created this section and §§ 6-60-105 and 19-5-1255.

6-60-108. Audit records — Definition.

    1. After an audit report is presented to the governing board of the institution of higher education, the audit report and copies of any documents contained in the working papers related to the audit report are open to public inspection under the Freedom of Information Act of 1967, § 25-19-101 et seq., except:
      1. Documents specifically exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.; and
      2. Documents that disclose auditing procedures and techniques, including the following:
        1. Internal control questionnaires consisting of the checklist of accounting and administrative procedures employed by auditors in the course of performing an audit; and
        2. The instructions and guidelines provided by or to the auditors about the examination procedures to be followed in the course of examining records and accounts to verify their accuracy, including verifications that the examination procedures have been followed.
    2. The documents described in subdivision (a)(1)(B) of this section are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq.
    1. Until an audit report has been presented to the governing board of the institution of higher education, all working papers, including without limitation communications, notes, memoranda, preliminary drafts of audit reports, and other data gathered in the preparation of audit reports by auditors employed by or on behalf of a governing board of an institution of higher education, are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq.
    2. The exemption provided under this section applies to all working papers in the custody or possession of any person before presentation of the audit report to the governing board of the institution of higher education regardless of the actual physical location of the report.
  1. As used in this section, “audit” means a financial audit, performance audit, technology audit, review, report of agreed-upon procedures, compilation, examination, investigation, or other report or procedure approved by the governing board of an institution of higher education.

History. Acts 2015, No. 1137, § 1.

6-60-109. Right to counsel.

  1. As used in this section, “disciplinary appeal proceeding” includes an appeal hearing or other appeal procedure conducted by the institution of higher education relating to the alleged violation by the student that has resulted in disciplinary action against the student.
      1. A student enrolled at a state-supported institution of higher education who has received a suspension of ten (10) or more days or expulsion may request a disciplinary appeal proceeding and choose to be represented at the student's expense by a licensed attorney or, if the student prefers, a nonattorney advocate who, in either case, may fully participate during the disciplinary appeal proceeding used by the state-supported institution of higher education except as provided under subdivision (b)(2) of this section.
      2. If the disciplinary appeal proceeding used by the state-supported institution of higher education arises from a complaint by a student against another student, the student who filed the complaint also has the right to be represented as allowed under subdivision (b)(1)(A) of this section.
    1. A student shall not have the right to be represented under this section by a licensed attorney or nonattorney advocate in a disciplinary appeal proceeding used by the state-supported institution of higher education, if any, regarding any allegation of academic dishonesty as defined by the state-supported institution of higher education.
  2. This section does not create the right of a student to be represented at public expense.

History. Acts 2015, No. 1194, § 1.

6-60-110. Flags.

A state-supported institution of higher education shall fly the flag of the United States of America and the flag of the State of Arkansas on campus on all national and state holidays and at other times determined by the state-supported institution of higher education.

History. Acts 2015, No. 1257, § 1.

6-60-111. Sexual assault action plan.

  1. On and after November 3, 2017, the Arkansas Higher Education Coordinating Board, in collaboration with all public university and community college presidents and chancellors or their designees, shall develop an action plan to address the prevention of sexual assault.
  2. The action plan shall:
    1. Incorporate sexual assault prevention information for students through advising and student orientation;
    2. Integrate information about the prevention of sexual assault into academic courses if and when appropriate;
    3. Identify opportunities to raise awareness of and provide resources for the prevention of sexual assault across the entire student population;
    4. Identify private or federal grants available to address the prevention of sexual assault and to promote student success, including any partnerships necessary to successfully compete for grants;
    5. Collaborate with the Department of Health or federally qualified health centers, or both, to promote access to care; and
    6. Identify other topics or issues relating to the prevention and reduction of sexual assault.
  3. If an institution of higher education has already implemented any portion of the action plan as described in subsection (b) of this section, the institution of higher education may submit a report to the board detailing the portion that the institution of higher education has fulfilled.
    1. The board shall present the action plan to the Legislative Council upon its completion but no later than November 3, 2017.
    2. The board shall report on the status of the action plan annually to:
      1. The Chair of the Senate Committee on Public Health, Welfare, and Labor;
      2. The Chair of the House Committee on Public Health, Welfare, and Labor;
      3. The Chair of the Senate Committee on Education; and
      4. The Chair of the House Committee on Education.
  4. This section shall take effect on July 1, 2017.

History. Acts 2017, No. 563, § 2.

A.C.R.C. Notes. Acts 2017, No. 563, § 1, provided: “Legislative findings.

The General Assembly finds that:

“(1) One (1) out of every six (6) American women and one (1) out of every thirty-three (33) American men have been the victim of an attempted or completed rape;

“(2) Arkansas is ranked forty-seventh among the states in the number of reported forcible rapes at a rate of forty-two and three-tenths (42.3) reported forcible rapes per one hundred thousand (100,000) people, a significantly higher rate of reported forcible rapes than the national average;

“(3) Sexual assault is one (1) of the most underreported crimes with only thirty-five to forty percent (35-40%) of sexual assaults reported to police;

“(4) Individuals between the ages of twelve (12) and thirty-four (34) are at the highest risk for sexual assault;

“(5) Women and girls between the ages of sixteen (16) and nineteen (19) are four (4) times more likely than the general population to be victims of sexual assault;

“(6) Victims of sexual assault are:

“(A) Three (3) times more likely to suffer from depression;

“(B) Six (6) times more likely to suffer from post traumatic stress disorder;

“(C) Thirteen (13) times more likely to abuse alcohol;

“(D) Twenty-six (26) times more likely to abuse drugs; and

“(E) Four (4) times more likely to contemplate suicide; and

“(7) Community colleges and universities in Arkansas provide a critical venue to address the prevention of sexual assault.”

6-60-112. Information on mental health and suicide prevention services — Definition.

  1. As used in this section, “institution of higher education” means an institution of higher education that is a:
    1. State-supported two-year or four-year college or university; or
    2. Private, nonprofit two-year or four-year college or university with its primary headquarters located in Arkansas that is eligible to receive Title IV federal student aid funds.
  2. An institution of higher education shall provide to each entering full-time undergraduate, graduate, or professional student, including transfer students to the institution of higher education, information about:
    1. Available mental health and suicide prevention services offered by the institution of higher education or by any associated organization or program; and
    2. Early warning signs that are often present in and appropriate intervention for a person who may be considering suicide.
  3. The information required under subsection (b) of this section may:
    1. Be provided through:
      1. A live presentation; or
      2. A format that allows for student interaction, including an online program or video; and
    2. Not be provided in a paper format only.

History. Acts 2017, No. 1007, § 1.

Subchapter 2 — Enrollment and Tuition

Preambles. Acts 1923, No. 638 contained a preamble which read:

“Whereas, there are now in the State of Arkansas, hundreds of Veterans of the World War who were receiving their education at the outbreak of the war, and,

“Whereas, they left school to devote their services to the country in the hour of need, and

“Whereas, these same veterans at the close of the war did not have sufficient means to continue their education,

“Therefore….”

Effective Dates. Acts 1923, No. 638, § 3: approved Mar. 23, 1923. Emergency clause provided: “This act being necessary for the immediate preservation of the public peace, health and safety, an emergency is hereby declared, and this act shall take effect and be in force from and after its passage.”

Acts 1975, No. 145, § 2: Feb. 12, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that there has been much difficulty in classifying dependents of members of the Armed Forces as “in-state” or “out-of-state” students for the purpose of paying fees at state supported colleges and universities; that the immediate passage of this Act is necessary to clarify this problem and to accord equity and fairness to the students and at the same time protect the interests of the Arkansas higher educational institutions and that of Arkansas taxpayers. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1975, No. 678, § 3: Mar. 31, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that in many State-supported institutions of higher learning in the State, enrollment is at a low level and that some classes at such institutions are unusually small; that it is in the best interest of the citizens of this State that the educational opportunities at such institutions be made available to older citizens who wish to improve their education without the payment of tuition and fees normally charged students; that many older citizens would take advantage of the opportunity for furthering their education if such opportunity was made available without the necessity for paying tuition, and that such program would also be beneficial to the State-supported institutions in the State; that this Act is designed to permit such persons to attend college without the payment of tuition and fees and should be given effect at the earliest possible date. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1975, No. 885, § 13: July 1, 1975. Emergency clause provided: “It is hereby found and determined by the Seventieth General Assembly that the Constitition of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1975 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1975 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1975.”

Acts 1991, No. 1000, § 6: Apr. 8, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that a statewide effort is being made to adequately train the workforce for the year 2000; that persons who did not consider postsecondary education important following their high school graduation, drop out of postsecondary education only to return at a later stage in their life when they have grown to appreciate such; that a “fresh start” should be given such students to permit them to improve their academic records upon their return to postsecondary education. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 1185, § 40: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 2003, No. 1045, § 2: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that competition from adjoining states causes recruits for the Arkansas National Guard to leave the state for educational opportunities and funding; that the competition depletes the recruits for the military units located within the state; and that this act is immediately necessary to provide comparable educational opportunities in the state for recruits for the Arkansas National Guard. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

ALR.

Absence from or inability to attend school or college as affecting liability for or right to recover payments for tuition or board. 20 A.L.R.4th 303.

Am. Jur. 15A Am. Jur. 2d, Colleges & U., § 18 et seq.

C.J.S. 14A C.J.S., Colleges & U., §§ 30-32.

6-60-201. Regulation of admission and enrollment — Out-of-state students.

  1. The board of trustees of each educational institution of higher education supported, in whole or in part, by the State of Arkansas, shall have the right to adopt rules for the admission and enrollment of students in the respective institutions of higher education under the control of such board, expressly including the right to refuse admission and enrollment to any person who comes to the State of Arkansas solely for the purpose of securing admission, enrollment, and educational advantages at the expense of the State of Arkansas.
  2. Each board may conduct hearings for the purpose of determining whether or not any applicant for admission and enrollment has come to the State of Arkansas for such wrongful purpose, and the findings of any such board of trustees in the State of Arkansas, after the hearing, if based on any evidence, shall be conclusive.

History. Acts 1939, No. 88, § 1; A.S.A. 1947, § 80-3301; Acts 2019, No. 315, § 362.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (a).

6-60-202. Enrollment of qualified high school students as part-time students.

  1. It is declared to be the policy of this state that qualified students enrolled in a public or private high school in this state shall upon request be accepted for enrollment in a public institution of higher education as part-time students.
  2. For purposes of this section, “qualified student” shall mean a student who is recommended for enrollment in the institution by the principal of the high school in which the student is enrolled and who meets the minimum criteria for advanced placement.

History. Acts 1983 (1st Ex. Sess.), No. 57, § 1; A.S.A. 1947, § 80-3393.

6-60-203. Off-campus enrollments.

In order to provide needed off-campus services to Arkansas citizens who do not happen to reside in the location of the main campus of a college or university, the Division of Higher Education is instructed to count and otherwise treat off-campus class enrollments consistent with the enrollments for those same classes on the main campus of the institution.

History. Acts 1975, No. 885, § 10; 2019, No. 910, § 1938.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education”.

6-60-204. Waiver of general student fee charges for senior citizens.

  1. When any person sixty (60) years of age or older is admitted to and enrolls as a student in any state-supported institution of higher education in this state, the board of trustees of the institution or other appropriate institutional officials shall waive all the general student fee charges for each student on a space-available basis in existing classes.
  2. Fees will be waived only for courses organized to grant credit and recognized by the Division of Higher Education for credit.

History. Acts 1975, No. 678, § 1; 1977, No. 525, § 1; A.S.A. 1947, § 80-3367; Acts 2019, No. 910, § 1939.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (b).

6-60-205. In-state tuition for veterans and military personnel and dependents.

Regardless of residence, a state-supported institution of higher education, trade school, or vocational school shall classify a student as in-state, in-county, in-district, local, or resident for the purpose of tuition and fees applicable for all programs of study, including distance learning programs, if the student is a:

  1. Veteran who received an honorable discharge from a period of not less than ninety (90) days of active duty in the United States Armed Forces within three (3) years before the date of enrollment in a program of study;
  2. Dependent of a veteran under subdivision (1) of this section;
  3. Member of the United States Armed Forces;
  4. Spouse of a member of the United States Armed Forces; or
  5. Reserve Officers' Training Corps cadet who has an executed United States Armed Forces service contract.

History. Acts 1975, No. 145, § 1; A.S.A. 1947, § 80-3366; 2015, No. 1266, § 1; 2017, No. 947, § 1.

Amendments. The 2015 amendment inserted “veterans and” in the section heading; and rewrote the section.

The 2017 amendment, in (1), substituted “received an honorable discharge” for “was discharged or released” and substituted “United States Armed Forces” for “military, naval, or air service”; substituted “United States Armed Forces” for “armed forces” in (3) and (4); added (5); and made stylistic changes.

6-60-206. [Repealed.]

Publisher's Notes. This section, concerning free tuition to World War I veterans, was repealed by Acts 2017, No. 844, § 1. The section was derived from Acts 1923, No. 638, § 1; Pope's Dig., § 13173; A.S.A. 1947, § 80-3302.

6-60-207. Purpose.

    1. The General Assembly hereby acknowledges that too often, persons enrolled in institutions of higher education do not appreciate the value of their postsecondary educational experience and, following a brief history of poor and failing grades, such persons decide to pursue other worldly pursuits outside the academic world. The General Assembly further finds that following a considerable passage of time, the appreciation for postsecondary educational opportunities increases in such persons to the point that they seek to return to the institution only to find that the grades they acquired during their earlier experience act as a barrier and hindrance to their academic progress.
    2. The purpose of this section is to provide a mechanism for institutions of higher education to disregard the records of such persons which prevent or impede their academic success.
  1. A student enrolled in an institution of higher education on April 8, 1991, shall be eligible for academic clemency.

History. Acts 1991, No. 1000, §§ 1, 2.

A.C.R.C. Notes. Acts 1991, No. 1000, § 2, provided, in part:

“Beginning with the 1991-92 school year, the State Board of Higher Education in cooperation with the institutions of higher education, shall develop guidelines which may be incorporated into the policies of the colleges and universities that provide for academic clemency for undergraduate students. Under this program of academic clemency, a student returning to a college or university after a separation of a defined number of years may petition the appropriate dean to have previously earned grades and credits removed from the calculations of their cumulative grade point average. Grades and credits earned at any other college or university shall be disregarded under this program.”

6-60-208. Requirements for academic clemency.

  1. A public school student who graduates from a public high school after May 1, 2002, must have successfully completed the core curriculum recommended by the Arkansas Higher Education Coordinating Board after consultation with the State Board of Education and under § 6-61-217 with a minimum cumulative grade point average of 2.0 on a 4.0 scale in order to be eligible for unconditional admission as an undergraduate to a state-supported four-year institution of higher education.
  2. Subject to subsection (c) of this section any public school student who graduates from a public high school after May 1, 2002, must have successfully completed the core curriculum recommended by the Arkansas Higher Education Coordinating Board after consultation with the State Board of Education and under § 6-61-217 in order to be eligible for unconditional admission to a state-supported two-year institution of higher education.
      1. The colleges and universities shall develop standards for collegiate admissions based on the mission of each institution and establish a conditional collegiate admissions process for each institution, subject to the recommendations of the Arkansas Higher Education Coordinating Board.
        1. The colleges and universities shall establish standards for conditional admission for public school graduates who have not completed the core curriculum, subject to the recommendations of the Arkansas Higher Education Coordinating Board.
        2. At a minimum, these conditional admissions standards shall require the following:
          1. For a public school graduate seeking an associate of arts degree or a baccalaureate degree who failed to successfully complete the core curriculum, completion of twelve (12) hours of core academic courses and any necessary remedial courses with a cumulative grade point average of 2.0 on a 4.0 scale; or
          2. For a public school graduate seeking a diploma, a technical certificate, or an associate of applied science degree who failed to successfully complete the core curriculum, completion of six (6) hours of core academic courses, six (6) hours of technical courses required for the diploma, technical certificate, or associate of applied science degree, and any necessary remedial courses with a cumulative grade point average of 2.0 on a 4.0 scale.
      1. Conditional admissions standards shall reflect the mission of each institution and shall be implemented by the institutions as a condition for receiving state funds.
      2. If the Arkansas Higher Education Coordinating Board does not approve the conditional collegiate admissions standards and process for an institution, state funds shall not be used to subsidize or pay for any portion of the cost associated with the conditional students.
    1. The admissions criteria set forth in this section shall not apply to those individuals who graduate from a public high school prior to May 1, 2002.
    1. Conditional admissions standards for nontraditional students shall be based on the student's score on the ACT composite or its equivalent as defined by the Division of Higher Education, which shall issue guidelines to assist two-year and four-year institutions of higher education in developing conditional admissions standards.
    2. As used in this subsection, “nontraditional students” shall include those who are home-schooled or who attended private or parochial secondary schools.
  3. Beginning with the 2012-2013 academic year, a student who scores below fifteen (15) on an ACT, or below a comparable score on a comparable exam, may be reassessed to determine the student's ability to benefit using one (1) of the federally approved ability-to-benefit assessments.
    1. Beginning with the 2012-2013 academic year, a student who scores below the acceptable federally determined ability-to-benefit assessment score, but has a high school diploma or GED, may be enrolled by a two-year or four-year institution of higher education only in a specific program approved by the Arkansas Higher Education Coordinating Board in collaboration with the institutions of higher education until the student can demonstrate academic proficiency that would predict success in a degree program.
    2. The Arkansas Higher Education Coordinating Board shall provide approved assessment tools and acceptable scores through Arkansas Higher Education Coordinating Board policy.
  4. This section does not prevent an institution of higher education from setting higher admissions standards for enrolling freshmen.

History. Acts 1993, No. 969, § 1; 1995, No. 1296, § 33; 1997, No. 977, § 3; 1997, No. 1290, § 1; 1999, No. 520, § 1; 2011, No. 1184, § 1; 2019, No. 910, § 1940.

Amendments. The 2011 amendment deleted “Beginning with the 2002-2003 academic year” or variant in (a)(1) and present (b); deleted former (a)(2); substituted “Arkansas Higher Education Coordinating Board” for “coordinating board” in (b), (c)(1)A), (c)(1)(B), and (c)(2)(B); substituted “state-supported” for “public” in (b); substituted “graduate” for “student” in (c)(1)(B)(i) and (c)(1)(B)(ii); deleted “beginning with the 1997-1998 academic year” at the beginning of (d)(1); and added (e) through (g).

The 2019 amendment inserted “(ACT)” and substituted “Division of Higher Education” for “Department of Higher Education” in (d)(1).

6-60-209. Enrollment data.

    1. The Legislative Joint Auditing Committee shall provide for the verification of student enrollment data of each state-supported institution of higher education.
    2. Verification of such enrollment data shall be performed during the regularly scheduled annual audit of each institution and shall be included in the final audit report for each institution.
    3. Such reports shall be made available to the Arkansast Higher Education Coordinating Board and the Legislative Council.
  1. Criteria to be used by the Division of Legislative Audit in making the verifications of enrollment data shall be established by the Legislative Joint Auditing Committee.

History. Acts 1995, No. 1185, § 33.

6-60-210. Minor child as legal resident.

  1. As used in this section, “minor child” means a child under twenty-one (21) years of age.
  2. Any minor child of a parent who is a legal resident of Arkansas shall be considered a legal resident of Arkansas for the following purposes:
    1. Admission and enrollment in a public institution of higher education; and
    2. Eligibility for a postsecondary scholarship offered by the State of Arkansas or by a public institution of higher education.
  3. In determining admission or scholarship eligibility, a public institution of higher education shall give the same consideration to an official high school transcript issued by an out-of-state school or school district on behalf of any minor child of a parent who is a legal resident of Arkansas as a high school transcript issued by a school or school district in Arkansas.

History. Acts 1997, No. 692, § 1.

6-60-211. Tuition waiver for Arkansas National Guard soldiers and airmen — Tuition assistance for soldiers.

  1. Colleges, universities, community colleges, technical schools, and other postsecondary institutions of higher education located in the State of Arkansas that directly receive funds appropriated by the General Assembly may waive up to one hundred percent (100%) of the tuition at the institution for soldiers and airmen of the Arkansas National Guard.
    1. The Adjutant General of Arkansas shall establish and publish rules for the eligibility and implementation of tuition assistance programs sponsored by the armed services.
    2. The Adjutant General's rules shall conform to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
    3. The Adjutant General shall provide each postsecondary institution of higher education located in the State of Arkansas a copy of the rules within thirty (30) days after publication.

History. Acts 2003, No. 1045, § 1; 2005, No. 82, § 1; 2013, No. 1011, § 1; 2019, No. 315, § 363.

A.C.R.C. Notes. Acts 2013, No. 1397, § 24, provided: “NATIONAL GUARD TUITION INCENTIVE PROGRAM.

In addition to any other provisions of law, any student who receives assistance from the appropriation made for the ‘National Guard Tuition Incentive Program’ in this Act shall repay any loans and/or assistance if the student receives a discharge that is a less than Honorable Discharge. Priority for funding shall be given to students already receiving assistance from the National Guard Tuition Incentive Program.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 104, § 24, provided:

“NATIONAL GRAND TUITION INCENTIVE PROGRAM. In addition to any other provisions of law, any student who receives assistance from the appropriation made for the ‘National Guard Tuition Incentive Program’ in this Act shall repay any loans and/or assistance if the student receives a discharge that is a less than Honorable Discharge. Priority for funding shall be given to students already receiving assistance from the National Guard Tuition Incentive Program.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 978, § 25, provided:

“NATIONAL GUARD TUITION INCENTIVE PROGRAM. In addition to any other provisions of law, any student who receives assistance from the appropriation made for the ‘National Guard Tuition Incentive Program’ in this Act shall repay any loans and/or assistance if the student receives a discharge that is a less than Honorable Discharge. Priority for funding shall be given to students already receiving assistance from the National Guard Tuition Incentive Program.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 236, § 24, provided: “NATIONAL GUARD TUITION INCENTIVE PROGRAM. In addition to any other provisions of law, any student who receives assistance from the appropriation made for the ‘National Guard Tuition Incentive Program’ in this Act shall repay any loans and/or assistance if the student receives a discharge that is a less than Honorable Discharge. Priority for funding shall be given to students already receiving assistance from the National Guard Tuition Incentive Program.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Amendments. The 2013 amendment substituted “one hundred percent (100%)” for “twenty-five percent (25%)” in (a).

The 2019 amendment substituted “rules” for “regulations” throughout (b).

6-60-212. Admissions — Applicants from medically underserved areas.

  1. In an effort to address health disparities and the current shortage of nursing professionals in the state, each board of trustees of a publicly supported institution of higher education may establish a program under which additional consideration in admission to the institution and to the nursing or health career program is given to an applicant from a rural, medically underserved area of the state who is interested in pursuing a nursing or other health care career in a rural, medically underserved area of the state.
  2. The program for additional consideration under subsection (a) of this section may include, without limitation, the following measures:
    1. Early targeting of potential candidates from rural, medically underserved areas of the state who are interested in nursing and other health care professions, including junior high school, high school, two-year college, and four-year college students;
    2. Recruiting and guiding individuals from rural, medically underserved areas of the state who are interested in pursuing nursing and other health care professions in rural, medically underserved areas;
    3. Offering programs to prepare identified nursing and other health career candidates from rural, medically underserved areas of the state for meeting admission requirements to a postsecondary nursing program, including, without limitation, preparatory programs offered with the aid of video and distance learning tools; and
    4. Providing that individuals from a rural, medically underserved area of the state who are interested in nursing or other health care professions receive an equal opportunity for success.
  3. Upon request, the Arkansas Higher Education Coordinating Board shall provide assistance to publicly supported institutions of higher education in implementing programs offered under this section.
  4. The coordinating board shall report annually to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor regarding implementation of this section.

History. Acts 2005, No. 1256, § 1.

6-60-213. Reduced tuition for certain police officers — Definitions.

  1. As used in this section:
      1. “Covered police officer” means:
        1. An employee of the Division of Arkansas State Police who:
          1. Holds the rank of state trooper or a higher rank; and
          2. Has been an employee of the Division of Arkansas State Police for ten (10) or more years;
        2. A highway police officer who has been an employee of the Arkansas Highway Police Division of the Arkansas Department of Transportation for ten (10) or more years;
        3. An officer of the State Capitol Police who has been an employee of the State Capitol Police for ten (10) or more years; or
        4. A wildlife officer who has been an employee of the Arkansas State Game and Fish Commission for ten (10) or more years.
      2. “Covered police officer” does not include:
        1. A civilian employee; or
        2. A person who is temporarily employed as a covered police officer due to an emergency situation;
    1. “Dependent” means:
      1. Any natural child, stepchild, or adopted child of a covered police officer; and
      2. Any individual of whom a covered police officer is the legal guardian;
    2. “Public institution of higher education” means a public university, college, technical college, or community college; and
      1. “Tuition” means charges levied for attendance at an institution of higher education.
      2. “Tuition” does not include any fees charged or used for student activities, including without limitation any student athletic fee.
    1. Any covered police officer or his or her dependent who is enrolled or has been accepted for enrollment in a public institution of higher education in Arkansas may have tuition reduced at a rate equal to the reduced rate of tuition provided to employees of that public institution of higher education if his or her employer elects to offer reduced tuition.
    2. An employer of a covered police officer may elect to offer reduced tuition based on the amount of funds available.
    3. If the employer of the covered police officer elects to offer reduced tuition, the employer shall pay to the public institution of higher education the difference between the regular tuition rate and the reduced rate of tuition provided to employees of the public institution of higher education.
  2. No covered police officer or his or her dependent may utilize the reduced rate of tuition for educational purposes beyond the baccalaureate degree.
  3. The employer of a covered police officer electing to offer reduced tuition for covered police officers shall develop criteria regarding the awarding of reduced tuition, including without limitation:
    1. Academic requirements to continue receiving reduced tuition;
    2. The length of time reduced tuition may be offered;
    3. Procedures to be followed in the event the covered police officer or his or her dependent experiences a severe personal illness, a medical disability, or activation for full-time military service; and
    4. Appeal procedures that a covered police officer may follow if his or her reduced tuition is discontinued by the employer.

History. Acts 2007, No. 291, § 1; 2017, No. 707, § 6.

Amendments. The 2017 amendment substituted “A” or “An” for “Any” in (a)(1)(A)(i) through (a)(1)(A)(iv); substituted “Department of Arkansas State Police” for ”department” in (a)(1)(A)(i) (b) ; and substituted “Department of Transportation” for “State Highway and Transportation Department” in (a)(1)(A)(ii).

6-60-214. Tuition benefits for soldiers and airmen of the Arkansas National Guard.

  1. A soldier or airman of the Arkansas National Guard may attend a state-supported institution of higher education tuition-free if the soldier or airman:
    1. Is an Arkansas resident;
    2. Has completed initial active duty training and, except as provided in subsection (f) of this section, is in good standing as an active soldier or airman of the Arkansas National Guard;
    3. Has been accepted to and is enrolled in a state-supported institution of higher education as a student in good standing;
    4. Completed and submitted to the United States Department of Education a Free Application for Federal Student Aid (FAFSA);
    5. Submitted applications for:
      1. Federal and state grants and scholarships for which the soldier or airman is eligible; and
      2. Grants and scholarships awarded by the state-supported institution of higher education in which the soldier or airman is enrolled;
    6. Is enrolled in a program of study leading to an undergraduate degree; and
    7. Has not received a bachelor's degree.
  2. The tuition-free benefit under this section shall not apply to:
    1. High school students concurrently enrolled in a state-supported institution of higher education; or
    2. Programs of study in which the courses are taken exclusively online.
    1. The tuition-free benefit under this section is available for a maximum of one hundred twenty (120) semester credit hours.
    2. Semester credit hours taken in remedial courses shall be included in the maximum number of semester hours under subdivision (c)(1) of this section.
  3. To remain eligible to receive the tuition-free benefit under this section, a soldier or airman:
    1. Shall maintain satisfactory academic progress as determined by the state-supported institution of higher education in which the soldier or airman is enrolled; and
    2. Shall not drop more than six (6) semester credit hours during the period in which the soldier or airman receives the tuition-free benefit under this section unless dropping the courses is necessitated by a:
      1. Mobilization that interrupts the enrollment of the soldier or airman in the state-supported institution of higher education; or
      2. Medical reason approved by the Adjutant General.
  4. The State of Arkansas shall reimburse a state-supported institution of higher education for the remainder of tuition expenses that are not covered by funding sources under subsection (a) of this section for each soldier and airman of the Arkansas National Guard who enrolls in the state-supported institution of higher education under subsection (a) of this section.
    1. In the event of a nonmedical discharge or a medical discharge that is not caused by an illness or injury related to the performance of duties for the Arkansas National Guard, the soldier or airman is eligible to receive the tuition-free benefit under this section from the date of discharge and for the longer of:
      1. One (1) semester; or
      2. A period of time equal to the length of a mobilization, if any, that interrupted the enrollment of the soldier or airman in a state-supported institution of higher education while receiving the tuition-free benefit under this section.
    2. In the event of medical discharge or medical retirement as a result of illness or injury incurred in the line of duty as the result of a state or federal activation or a terrorist action as determined by the Governor, the soldier or airman is eligible to receive the tuition benefit under this section beginning from the date of discharge or retirement and either until completion of the degree program in which the member of the Arkansas National Guard is enrolled or for five (5) years, whichever occurs first.
  5. Payments for the tuition-free benefit under this section shall be made directly to the state-supported institution of higher education on behalf of and for the benefit of the soldier or airman in a manner established by rule of the Adjutant General.
    1. The Adjutant General, in coordination with the Division of Higher Education, shall promulgate rules for the implementation of this section, including without limitation rules for the eligibility of soldiers and airmen.
    2. The Department of the Military and the division shall meet regularly to monitor and measure the success of this section, including without limitation to assess graduation rates of the soldiers and airmen under this section.
  6. The cost of a soldier's or airman's mandatory fees charged by an institution of higher education that the soldier or airman is attending may be paid for with available funds allocated by the division for the tuition-free program under this section.

History. Acts 2017, No. 471, § 2; 2019, No. 535, § 1; 2019, No. 910, § 5529.

A.C.R.C. Notes. Acts 2017, No. 471, § 1, provided: “Legislative findings.

The General Assembly finds that:

“(1) The strength and personnel of the Arkansas National Guard have been reduced to the point where its readiness to carry out national missions, state emergency missions, and other assignments has been compromised and the health and well-being of Arkansas's citizens are potentially endangered;

“(2) During the 2016 fiscal year, the Arkansas National Guard lost a Cavalry Squadron to Pennsylvania, a Transportation Company to Missouri, and, due to its inability to provide sufficient personnel for them, repurposed National Guard facilities located in Berryville, Blytheville, Brinkley, Crossett, Magnolia, Monticello, Rector, Wynne, and Helena-West Helena;

“(3) The repurposing of the facilities has resulted in a loss of at least $33.9 million to the local economies and the inability to attract another large unit to the state in the 2016 fiscal year has resulted in a loss of $37.2 million to the economy of Arkansas;

“(4) As of the end the 2016 fiscal year, the Arkansas National Guard was ranked last in strength percentage compared to bordering states and, since 2005, the Arkansas National Guard has lost the most personnel in the seven-state area;

“(5) More educated soldiers and airmen of the Arkansas National Guard would provide Arkansas an opportunity to attract more business and industry as a result of a more educated workforce;

“(6) Federal dollars and incentives each soldier and airman is currently qualified to receive cover only a portion of the overall expense of obtaining a college education and fluctuate frequently within any given year;

“(7) Neighboring states with which the Arkansas National Guard competes for members have enacted policies that provide their soldiers and airmen tuition-free college education by paying tuition-related expenses not met with federal dollars;

“(8) Currently, education incentives provided by the State of Arkansas are insufficient to compete with neighboring states or to serve as a tool to help produce fully staffed units in the Arkansas National Guard; and

“(9) Legislation is necessary to enable soldiers and airmen of the Arkansas National Guard to attend state-supported institutions of higher education tuition free, which will place Arkansas on a level playing field with neighboring states and the Arkansas National Guard on track to achieving necessary strength and readiness levels.”

Acts 2017, No. 471, § 4, provided: “An eligible service member who is enrolled in an approved institution that is a private postsecondary institution and receiving a tuition incentive under the Arkansas National Guard Tuition Incentive Program as of the effective date of this act [March 13, 2017] shall continue to receive the tuition incentive under § 12-62-601 et seq., as it existed on January 1, 2017.”

Amendments. The 2019 amendment by No. 535 added (i).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (h)(1) and (h)(2); and substituted “Department of the Military” for “State Military Department” in (h)(2).

6-60-215. Nontraditional documented immigration status.

    1. A state-supported institution of higher education may classify a student as in-state, limited to the terms and purpose of tuition and fees applicable to all programs of study at the state-supported institution of higher education, if the student satisfies one (1) of the following requirements:
      1. The student personally holds or is the child of a person who holds a federal Form I-766 United States Citizenship and Immigration Services-issued Employment Authorization Document, known popularly as a “work permit”;
      2. The student has verified that he or she is a resident legally present in Arkansas and has immigrated from the Republic of the Marshall Islands; or
        1. The student's request for an exemption under Deferred Action for Childhood Arrivals has been approved by the United States Department of Homeland Security.
        2. The student's exemption shall not be expired, or shall have been renewed.
    2. A student who satisfies one (1) of the requirements under subdivision (a)(1) of this section shall have:
      1. Resided in this state for at least three (3) years at the time the student applies for admission to a state-supported institution of higher education; and
      2. Either:
        1. Graduated from a public or private high school in this state; or
        2. Received a high school equivalency diploma in this state.
    1. The Division of Higher Education shall promulgate rules necessary to implement this section.
      1. When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f):
        1. On or before January 1, 2020; or
        2. If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309.
      2. The division shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

History. Acts 2019, No. 844, § 1.

Subchapter 3 — Tuition in Neighboring States

Publisher's Notes. Former subchapter 3, concerning students studying outside the state, was repealed by Acts 1993, No. 1259, § 13. The subchapter was derived from the following sources:

6-60-301. Acts 1970 (1st Ex. Sess.), No. 18, §§ 1-3; 1975, No. 152, § 11; A.S.A. 1947, §§ 80-2874, 80-2876, 80-2877.

6-60-302. Acts 1973, No. 745, §§ 1-3; A.S.A. 1947, §§ 80-2891, 80-2891.1, 80-2891.2.

6-60-303. Acts 1969, No. 483, §§ 1-4; 1977, No. 614, § 1; A.S.A. 1947, §§ 80-2879 — 80-2882.

6-60-304. Acts 1985, No. 218, §§ 1-3; A.S.A. 1947, §§ 80-2896 — 80-2896.2.

6-60-305. Acts 1973, No. 113, §§ 1-3.

For present law, see §§ 6-81-1101 and 6-81-1102.

Effective Dates. Acts 1997, No. 1211, § 40: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1997 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1997.”

Acts 2001, No. 1612, § 42: July 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2001 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2001 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2001.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-60-301, 6-60-302. [Repealed.]

Publisher's Notes. These sections, concerning the Higher Education Tuition Adjustment Fund, were repealed by Acts 2001, No. 1612, §§ 30, 31. The sections were derived from the following sources:

6-60-301. Acts 1995, No. 1185, § 34.

6-60-302. Acts 1997, No. 342, § 39.

6-60-303. Higher Education Tuition Adjustment Fund.

  1. Higher Education Tuition Adjustment Fund.
    1. The Higher Education Tuition Adjustment Fund is hereby created upon the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State.
    2. The Higher Education Tuition Adjustment Fund shall consist of those revenues that are allocated to it by law.
  2. Purpose of the Higher Education Tuition Adjustment Fund.
    1. It is the intent of the General Assembly that the Higher Education Tuition Adjustment Fund ensure that bona fide Arkansas income taxpayers and their dependents who are residents of a bordering state in a contiguous county to the Arkansas state line which is contiguous to a county where an institution of higher education is located receive the same higher education opportunities as all other taxpayers.
    2. In establishing this policy, it is the intent of the General Assembly that taxpayers should have affordable access to the state's higher education institutions.
  3. Tracking and Reporting.
    1. Furthermore, the Division of Higher Education will require each institution to track and report the number of qualifying students each year.
      1. A list of students who benefit from the out-of-state tuition waiver, including their Social Security numbers or their Arkansas taxpaying parents' or guardians' names and Social Security numbers, will be furnished by the division to the Department of Finance and Administration for confirmation that they or their parents are employed in Arkansas at a wage in excess of five thousand five hundred dollars ($5,500) per annum.
      2. Documentation should be either an official W-2 form from an Arkansas employer reflecting wages of at least five thousand five hundred dollars ($5,500) in the tax year prior to enrollment in college or official employer verification of a current year salary minimum of at least five thousand five hundred dollars ($5,500), which the college will keep on file for enrollment audit purposes.
  4. Appropriation Transfer Procedures.
    1. The Director of the Division of Higher Education shall determine the difference between the amount of tuition revenue which would have been generated by charging the Arkansas Higher Education Coordinating Board-approved out-of-state tuition rate to the students as compared to the approved in-state or out-of-district rate.
    2. Upon the determination, the director shall certify to the Chief Fiscal Officer of the State and the Treasurer of State those amounts that are required to be transferred from the Higher Education Tuition Adjustment Fund.
    3. Upon receiving the certification, the Chief Fiscal Officer of the State and the Treasurer of State shall cause to be transferred the necessary funds and appropriation to the fund account of the institution receiving certification from the director.
    4. In order to provide funding for the appropriation set out in the line item entitled “Tuition Adjustment” in the biennial operations appropriation act for the division, the Chief Fiscal Officer of the State shall transfer to the Higher Education Tuition Adjustment Fund from the Higher Education Grants Fund Account three hundred fifty thousand dollars ($350,000) for each year of the biennium.

History. Acts 1997, No. 1211, § 28; 2001, No. 1612, § 32; 2019, No. 910, § 1941.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” throughout (c) and (d); and substituted “Higher Education Tuition Adjustment Fund” for “fund” in (d)(2).

Cross References. Higher Education Tuition Adjustment Fund, § 19-5-1076.

Subchapter 4 — Extension Courses

6-60-401. Purpose and intent of subchapter.

  1. The purpose of this subchapter is to make available to an increasing number of citizens of this state opportunities to obtain the benefits of courses of instruction at a college level.
  2. It is the intent of this subchapter to authorize state-supported institutions of higher learning to establish within communities in the areas served by the institutions extension courses designed to meet the specific educational and training needs of the communities served without the necessity of constructing new or additional campuses or without the construction of new classroom buildings or facilities.

History. Acts 1975, No. 717, §§ 1, 3; A.S.A. 1947, §§ 80-3368, 80-3370.

6-60-402. Authorization to establish extension courses.

  1. The boards of trustees of state-supported institutions of higher learning of this state are authorized to establish in communities in the areas served by the respective institutions, where there is an established need therefor, extension courses of higher education instruction leading to a certificate or college credit.
  2. Such courses or programs of instruction or training may be scheduled on a daily or night basis, whichever is necessary to meet the educational or training needs of the communities served.

History. Acts 1975, No. 717, § 1; A.S.A. 1947, § 80-3368.

6-60-403. Guidelines.

All extension courses offered by colleges and universities shall meet the guidelines of the “Off-Campus Instruction Policy”, as adopted by the Arkansas Higher Education Coordinating Board.

History. Acts 1975, No. 717, § 2; A.S.A. 1947, § 80-3369.

6-60-404. Facilities.

  1. The courses of instruction and training provided for in this subchapter shall be provided in local facilities in the communities served which are made available by the community without cost to the state-supported institution of higher learning, or which are made available on a rental or lease basis whereby the institution's rental or lease obligation shall not exceed fifty percent (50%) of the rental or lease cost therefor, with the remainder of the rental or lease cost to be provided from local sources within the communities served.
  2. The courses of instruction or training programs may be established on the campuses of vocational-technical schools or in existing public classroom facilities, upon agreements entered into by the boards of trustees of the state-supported institutions of higher learning involved and the administrators or boards in charge of the vocational-technical school programs or school districts.

History. Acts 1975, No. 717, § 1; A.S.A. 1947, § 80-3368.

Subchapter 5 — Immunization

Effective Dates. Acts 2003, No. 999, § 4[5]: Apr. 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the federal District Courts for the Eastern and Western Districts of Arkansas have held the state's school immunization statute to be unconstitutional, that the courts have stayed the effect of the finding, that if the stay is lifted before this act becomes effective, some students will be excluded from school attendance. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

6-60-501. Purpose.

  1. Immunizations against measles, rubella, and other communicable diseases have resulted in a dramatic decrease in the incidence of these diseases in this country.
  2. However, these diseases continue to occur on campuses of American colleges and universities, and a more intensified effort is needed to prevent and control these diseases.
  3. A requirement that certain college and university enrollees furnish proof that they have immunity against certain communicable diseases will alleviate the potential for an outbreak of those diseases.
  4. The purpose of this legislation is to assure that certain enrollees of public and private colleges and universities in Arkansas, prior to attendance, furnish proof of immunity against measles, rubella, and other diseases designated by the State Board of Health.

History. Acts 1987, No. 141, § 1.

6-60-502. Proof of immunity.

No part-time student housed in on-campus premises and no full-time student may attend a public or private college or university in this state unless he or she has furnished proof, within such time as set by the college or university, but not to exceed thirty (30) calendar days after enrollment, by way of an official record from another educational institution in Arkansas or a certificate from a licensed medical doctor or an authorized public health department representative, that he or she has immunity against measles, rubella, and such other diseases as delineated by the State Board of Health.

History. Acts 1987, No. 141, § 2.

6-60-503. Rules — Enforcement.

  1. The State Board of Health is empowered to promulgate rules for the proper enforcement of the provisions of this subchapter, including, but not limited to, the authority to examine records and conduct investigations to assure compliance.
  2. The responsibility for the enforcement of these requirements rests with the directors of admissions or registration at each college or university.

History. Acts 1987, No. 141, § 3; 2019, No. 315, § 364.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (a).

6-60-504. Physical disabilities — Religious objections.

  1. If, at the discretion of a medical doctor licensed to practice in Arkansas, an individual is deemed to have a physical disability which may contraindicate one (1) or more of the vaccinations required by this subchapter, a certificate approved by the Department of Health and signed by the medical doctor may be accepted in lieu of proof of vaccination.
    1. The provisions of this subchapter shall not apply if the individual furnishes to the college or university a letter of exemption from the department.
      1. The individual shall complete an annual application process developed in the rules of the department for medical, religious, and philosophical exemptions.
      2. The rules developed by the department for medical, religious, and philosophical exemptions shall include, but not be limited to:
        1. A notarized statement requesting a religious, philosophical, or medical exemption from the department by the individual regarding the objection;
        2. Completion of an educational component developed by the department that includes information on the risks and benefits of vaccination;
        3. An informed consent from the individual that shall include a signed statement of refusal to vaccinate based on the department's refusal-to-vaccinate form; and
        4. A signed statement of understanding that:
          1. At the discretion of the department, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and
          2. The child or individual shall not return to school until the outbreak has been resolved and the department approves the return to school.
    2. No exemptions may be granted under this subsection until the application process has been implemented by the department and completed by the applicant.

History. Acts 1987, No. 141, § 4; 2003, No. 999, § 2; 2019, No. 315, § 365.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (b)(2)(A) and the introductory language of (b)(2)(B).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, Immunization Requirements, 26 U. Ark. Little Rock L. Rev. 384.

Subchapter 6 — Textbooks and Course Materials

Effective Dates. Acts 2007, No. 105, § 2: Feb. 14, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that institution of higher education professors may be offered financial incentives to select certain textbooks and course materials rather than others, and may personally benefit from the selection of certain textbooks and course materials; that in order to provide the best state-supported higher education possible, the best available textbooks and course materials should be objectively selected without regard to any personal financial gain; and that the passage of this act is immediately necessary to help students receive the best available textbooks and course materials needed for a quality education. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 106, § 2: Feb. 14, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that state-supported institution of higher education professors may be offered financial incentives to select certain textbooks and course materials rather than others, and may personally benefit from the selection of certain textbooks and course materials; that in order to provide the best state-supported higher education possible, the best available textbooks and course materials should be objectively selected without regard to any personal financial gain; and that the passage of this act is immediately necessary to help students receive the best available textbooks and course materials needed for a quality education. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 277, § 2: Mar. 16, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that many retailers of textbooks outside of the State of Arkansas do not pay sales and use taxes to the state for in-state sales; that the additional revenue to be generated by the passage of this act is needed to help provide the best state-supported higher education possible; and that the loss of such sales and use tax revenue should be stopped or limited immediately. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 1205, § 2: Apr. 5, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that textbooks and course materials for state-supported institution of higher education students are often purchased at higher prices than necessary or not at all due to a lack of competitive advertising; that students sometimes do not purchase needed textbooks and course materials due to a lack of funds; and that the passage of this act is immediately necessary to enable students to obtain the textbooks and course materials needed to help ensure a quality education at a more affordable price. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

6-60-601. Adoption of textbooks and course materials.

    1. For each full semester and collectively for summer sessions, a state-supported institution of higher education in this state shall distribute a list of all textbooks and course materials required or assigned for an undergraduate course by:
      1. Publication on its website; and
      2. Posting at its bookstore.
    2. The list shall be distributed no later than 12:00 noon on:
      1. April 1 for the following fall semester;
      2. November 1 for the following spring semester; and
      3. April 1 for all following summer sessions.
  1. For each textbook or course material the list shall include:
    1. A brief description of the textbook or course material;
    2. The author or authors;
    3. The title and edition; and
    4. Any special instructions or circumstances for the purchase or use of the textbook or course material.
  2. A textbook or course material for an undergraduate course may be adopted after the time specified in subsection (a) of this section for distributing the list if:
    1. The adoption is approved by the department chair and the dean or division head of the affected college; and
    2. The dean or division head of the college forwards to the chief academic officer of the affected state-supported institution of higher education the following information:
      1. A list of each late adoption;
      2. The names of the person or persons responsible for each late adoption; and
      3. A written statement explaining why each adoption was late.

History. Acts 2007, No. 175, § 1.

6-60-602. Inducements to require textbooks prohibited.

  1. No state-supported institution of higher education in this state or a department or employee of the institution of higher education shall demand or receive any present or promised gift, payment, loan, subscription, advance, deposit of money, services, or any other thing of value as an inducement for requiring students to purchase a specific textbook for coursework or instruction.
  2. This section shall not prevent an employee of the institution of higher education from receiving either:
    1. Sample copies, instructor's copies, or instructional material of a specific textbook required for coursework or instruction; or
    2. Royalties or other compensation from the sale or publication of a textbook that includes the employee's own writing or work.
  3. A violation of this section:
    1. Shall be reported within ten (10) business days by the state-supported institution of higher education to the:
      1. Chief academic officer of the institution;
      2. Chief legal counsel of the institution; and
      3. Legislative Council; and
    2. May be reported to the parties identified in subdivision (c)(1) of this section by any business or consumer.

History. Acts 2007, No. 105, § 1.

6-60-603. Website links for textbooks and course materials.

  1. No state-supported institution of higher education in this state shall place or permit to be placed on its website or its bookstore's website a link to the website of a retailer of textbooks or other educational materials if the retailer:
    1. Is not required to report and pay Arkansas sales and use taxes; and
    2. Does not obtain a use tax permit from the Department of Finance and Administration and report and pay Arkansas sales and use taxes on sales of textbooks and other educational materials to residents of this state.
  2. This section is intended to promote the state's ability to provide a quality but affordable higher education by strengthening the state's relationship with textbook retailers that support the state's educational mission by:
    1. Paying Arkansas sales and use taxes; and
    2. Interacting locally with state-supported institutions of higher education.
  3. Nothing in this section prevents a faculty member from referring students to any source for required or suggested textbooks or course materials.
    1. A violation of subsection (a) of this section shall be reported to the department.
    2. If the department determines that a violation of subsection (a) of this section has occurred, it shall notify the state-supported institution of higher education of the violation.

History. Acts 2007, No. 277, § 1.

6-60-604. Textbook royalties.

  1. A state-supported institution of higher education shall establish guidelines for the use of royalties received by a faculty member from the sale of textbooks and course materials for classes taught by the faculty member.
  2. The guidelines shall:
    1. Be designed to acknowledge the conflict of interest; and
    2. Specify how the royalties may be used, giving priority consideration to programs that benefit students academically.

History. Acts 2007, No. 106, § 1.

6-60-605. Campus bookstore advertising.

    1. If any state-supported institution of higher education advertises or allows an on-campus bookstore to submit advertising for inclusion in orientation packets or through the electronic media services of the state-supported institution of higher education or as part of a presentation to any student group, then the state-supported institution of higher education shall allow a private local textbook vendor access to distribute the private local textbook vendor's advertising by the same distribution method if requested in writing by the private local textbook vendor.
    2. The state-supported institution of higher education:
      1. Shall distribute the advertising of a private local textbook vendor contemporaneously with the advertising of the on-campus bookstore;
      2. May request a modification of the advertising of the on-campus bookstore or a private local textbook vendor if the advertising does not reflect the public interests of the state; and
      3. Is under no obligation to accept advertising from the on-campus bookstore or a private local textbook vendor.
    3. An on-campus bookstore and a private local textbook vendor shall be responsible for the costs related to the preparation and production of all advertising material.
  1. As used in this section:
    1. “Advertising” means not more than two (2) pages of promotional material describing the availability and terms of sale of textbooks or course materials; and
    2. “State-supported institution of higher education” means any college, university, vocational school, trade school, or other postsecondary educational institution that receives any funding from the state.
  2. A violation of subsection (a) of this section:
    1. Shall be reported within ten (10) business days by the state-supported institution of higher education to the:
      1. Chief fiscal officer of the institution;
      2. Chief legal counsel of the institution; and
      3. Legislative Council; and
    2. May be reported to the parties identified in subdivision (c)(1) of this section by any business or consumer.

History. Acts 2007, No. 1205, § 1.

Subchapter 7 — Comprehensive Arkansas Higher Education Annual Report Act

Effective Dates. Acts 2013, No. 1462, § 9: July 1, 2014.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-60-701. Title.

This subchapter shall be known as the “Comprehensive Arkansas Higher Education Annual Report Act”.

History. Acts 2009, No. 416, § 1.

6-60-702. Purpose.

The Comprehensive Arkansas Higher Education Annual Report shall:

  1. Serve as a central tool for the General Assembly and others to evaluate all facets of the Arkansas higher education system; and
  2. Combine into one (1) report all higher education reports currently required by the General Assembly to be submitted separately.

History. Acts 2009, No. 416, § 1.

6-60-703. Report.

    1. The Comprehensive Arkansas Higher Education Annual Report shall be submitted by the Division of Higher Education to the House Committee on Education and the Senate Committee on Education, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Governor no later than December 15, 2011, and each year thereafter.
    2. The Comprehensive Arkansas Higher Education Annual Report shall be posted on the division website for public inspection no later than January 1, 2012, and each year thereafter.
  1. The Comprehensive Arkansas Higher Education Annual Report shall consist of the following reports:
    1. Annually:
      1. Scholarship programs, including without limitation the Arkansas Academic Challenge Scholarship Program;
      2. Remediation rates, §§ 6-15-2401 and 6-61-221;
      3. The Universal ACT Assessment Program, § 6-18-1608;
      4. Military students and families, § 6-61-112;
      5. Retention rates and graduation rates, § 6-61-220;
      6. Athletic expenditures, § 6-62-106;
      7. Student enrollment, § 6-60-209; and
      8. Affirmative action programs summaries, § 6-63-103;
    2. Biennially, each even-numbered year:
      1. A financial condition report, § 6-61-222;
      2. Changes to affirmative action program plans, § 6-63-103; and
      3. Economic development goals and educational efforts, § 6-61-207; and
    3. Every five (5) years, beginning in 2015:
      1. Minority retention plans, § 6-61-122; and
      2. Affirmative action program plans, § 6-63-103(c).
    1. All deadlines for higher education reports currently required by the General Assembly are superseded by subsection (b) of this section unless otherwise specified in this subchapter.
    2. All financial reports provided to the Arkansas Higher Education Coordinating Board shall be included in the report, including the Annual Financial Condition Report.
  2. All future higher education reports statutorily required by the General Assembly shall:
    1. Be submitted as part of the Comprehensive Arkansas Higher Education Annual Report; and
    2. Include a fiscal impact on administrative costs to the division.

History. Acts 2009, No. 416, § 1; 2011, No. 696, § 1; 2013, No. 1462, § 8; 2019, No. 256, § 1; 2019, No. 910, §§ 1942, 1943.

Amendments. The 2011 amendment substituted “December 15, 2011” for “December 1, 2009” in (a)(1); substituted “January 1, 2012” for “December 8, 2009” in (a)(2); substituted “the following reports” for “all higher education reports currently required by the General Assembly, including without limitation reports pertaining to” in (b); rewrote (b)(1); added present (b)(2) and (3) and redesignated former (b)(2) as (c)(1) and former (b)(3) as (c)(2); redesignated (c) as (d); and substituted “subsection (b)” for “subsection (a)” in (c)(1); and inserted “statutorily” in (d).

The 2013 amendment deleted “Voluntary” preceding “Universal” in (b)(1)(C)

The 2019 amendment by No. 256 deleted (b)(2)(A) and redesignated the remaining subdivisions accordingly; and substituted “A financial condition report” for “Uniform reporting standards” in present (b)(2)(A).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (a)(1); and substituted “division” for “department” in (a)(2) and (d)(2).

Effective Dates. Acts 2013, No. 1462, § 9: July 1, 2014.

6-60-704. Information submitted to the Division of Higher Education for inclusion in the report.

  1. All higher education reports submitted to the General Assembly or other governmental bodies by individual colleges and universities, agencies, boards, or commissions shall be submitted directly to the Division of Higher Education no later than November 1, 2011, and each year thereafter for inclusion in the Comprehensive Arkansas Higher Education Annual Report.
  2. If an institution of higher education fails to submit the required reports to the division by November 15, the institutions shall appear before the House Committee on Education and the Senate Committee on Education to explain why they failed to meet the submission deadline.
  3. Financial information provided by an institution of higher education is subject to review by Arkansas Legislative Audit, and any adjustments made to previously submitted financial information during the course of a financial audit may be revised based upon recommendations made by Arkansas Legislative Audit.

History. Acts 2009, No. 416, § 1; 2011, No. 696, § 1; 2019, No. 910, § 1944.

Amendments. The 2011 amendment substituted “November 1, 2011” for “October 1, 2009” in (a); and substituted “November 15” for “October 15” in (b).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in the section heading and in (a); substituted “division” for “department” in (b); and, in (c), substituted “Arkansas Legislative Audit” for “the Division of Legislative Audit” and for “the division”.

6-60-705. Limitations.

  1. This subchapter does not limit the authority of the General Assembly to request additional interim reports and supplemental information from the Division of Higher Education, colleges and universities, or other entities as needed.
  2. The Comprehensive Arkansas Higher Education Annual Report shall take priority for the division staff over a report requested under subsection (a) of this section.

History. Acts 2009, No. 416, § 1; 2019, No. 910, § 1945.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a); and substituted “division” for “department” in (b).

Subchapter 8 — The Clean Air on Campus Act of 2009

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-60-801. Title.

This subchapter shall be known as the “Clean Air on Campus Act of 2009”.

History. Acts 2009, No. 734, § 1.

6-60-802. Findings.

The General Assembly finds that:

  1. Scientific research data have shown that nonsmokers often receive damage to their health from the smoking of tobacco by others;
  2. Smoking, directly or indirectly, is a major cause of preventable diseases and death;
  3. Secondhand smoke can cause or contribute to lung cancer, heart disease, chronic lung ailments, and low birth-weight; and
  4. A law that prohibits smoking on state-supported institutions of higher education campuses will reduce secondhand smoke exposure among nonsmokers.

History. Acts 2009, No. 734, § 1.

6-60-803. Definitions.

As used in this subchapter:

  1. “Campus” means all property, including buildings and grounds, that are owned or operated by a state-supported institution of higher education;
  2. “E-cigarette” means an electronic oral device that provides a vapor of nicotine or other substance that, when used or inhaled, simulates smoking, including without limitation a device that:
    1. Is composed of a heating element, battery, or electronic circuit or a combination of heating element, battery, and electronic circuit;
    2. Works in combination with a liquid nicotine delivery device composed, either in whole or in part, of pure nicotine and propylene glycol and manufactured for use with e-cigarettes; and
    3. Is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other name or descriptor;
  3. “Employee” means an individual who is employed by a state-supported institution of higher education in consideration for direct or indirect monetary wages or profit;
  4. “Governing authority” means the administrative branch of the state-supported institution of higher education;
  5. “Guest” means a visitor to the campus of a state-supported institution of higher education;
  6. “Secondhand smoke” means smoke:
    1. Emitted from lighted, smoldering, or burning tobacco when the person is not inhaling;
    2. Emitted at the mouthpiece during puff drawing; and
    3. Exhaled by the person smoking;
  7. “Smoking” means inhaling, exhaling, burning, or carrying any:
    1. Lighted tobacco product, including cigarettes, cigars, and pipe tobacco; and
    2. Other lighted combustible plant material; and
  8. “Student” means an individual enrolled in a credit or noncredit course at a state-supported institution of higher education.

History. Acts 2009, No. 734, § 1; 2015, No. 847, § 1.

Amendments. The 2015 amendment inserted (2), and redesignated the remaining subdivisions accordingly.

6-60-804. Prohibitions on smoking.

  1. Smoking or the use of e-cigarettes is prohibited on each campus of state-supported institutions of higher education.
  2. An individual or campus subject to the smoking prohibitions of this section shall not discriminate or retaliate in any manner against a person for making a complaint of a violation of this section or furnishing information concerning a violation to a person, campus, or governing authority.
  3. The prohibitions on smoking in this section shall be communicated to all students and employees of state-supported institutions of higher education a minimum of thirty (30) days before July 31, 2009, and to each guest of a state-supported institution of higher education upon request.

History. Acts 2009, No. 734, § 1; 2015, No. 847, § 2.

Amendments. The 2015 amendment substituted “Smoking or the use of e-cigarettes” for “Beginning on August 1, 2010, smoking” in (a).

6-60-805. Notice of prohibition of smoking.

“No Smoking” signs or the international “No Smoking” symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it may be clearly and conspicuously posted on each campus where smoking is prohibited by this subchapter.

History. Acts 2009, No. 734, § 1.

6-60-806. Rules — Promulgation and enforcement authority.

  1. The Arkansas Higher Education Coordinating Board may adopt reasonable rules that it determines necessary to carry out the purposes or facilitate the enforcement of this subchapter.
    1. The Division of Higher Education may enforce compliance with this subchapter and any rules promulgated under this subchapter by the board.
    2. Under the rules of the board, the division may enter upon and inspect a campus at any reasonable time and in a reasonable manner.

History. Acts 2009, No. 734, § 1; 2019, No. 910, § 1946.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (b)(1); and substituted “division” for “department” in (b)(2).

6-60-807. Penalties.

Any person who violates any provision of this subchapter is guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500).

History. Acts 2009, No. 734, § 1.

Subchapter 9 — Arkansas Higher Education Information System

Effective Dates. Acts 2011, No. 1195, § 3: Apr. 4, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that increasing the number of Arkansans who obtain postsecondary credentials is critical to the economic health of the state and its citizens; that the Arkansas Scholarship Lottery provides the opportunity for tens of thousands of Arkansans to obtain postsecondary education; that the continual evaluation of the Arkansas Academic Challenge Scholarship Program and of all state-supported scholarship and grant programs by the General Assembly is critical for maximizing the benefits to the state and its citizens of state financial aid for higher education and meeting state objectives for higher education; that accountability and transparency in the implementation of state-supported scholarship programs are fundamental to a proper evaluation of the programs; that the collection of data and access to that data by the Bureau of Legislative Research are necessary to ensure proper legislative oversight for that accountability and transparency; and that this act is immediately necessary for the Department of Higher Education to begin developing the direct read and report only access to the data warehouse of the Arkansas Higher Education Information System, and for the Arkansas Higher Education Coordinating Board to promulgate rules to implement this act. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 1173, § 18: Apr. 12, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that increasing the number of Arkansans obtaining postsecondary credentials is critical to the economic health of the state and its citizens; that the Arkansas Scholarship Lottery provides the opportunity for tens of thousands of Arkansans to obtain postsecondary education; that the deadline for scholarship applications is June 1; that the financial integrity of the Arkansas Scholarship Lottery is critical to the continued existence of the scholarships; and that this act is immediately necessary because the Department of Higher Education must promulgate rules to implement this act well before June 1, 2013, in order to provide eligible Arkansans the opportunity to apply for the scholarship. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 218, § 34: Feb. 26, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the stability of the Arkansas Scholarship Lottery is critical to the success of the Arkansas Academic Challenge Scholarship Program; that changes to the operational structure of the lottery are needed to improve the creditability and function of the lottery; and that this act is immediately necessary to ensure that the transition of lottery administration is as undisruptive as possible. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-60-901. Definitions.

As used in this subchapter:

  1. “Arkansas Higher Education Information System” means the database maintained by the Division of Higher Education containing student data files that the division and institutions of higher education in Arkansas are required to collect under §§ 6-85-214, 6-85-216, and 6-85-217, other state law, and federal law; and
  2. “Institution of higher education” means:
    1. An Arkansas state-funded community college;
    2. An Arkansas state-funded university; or
    3. A private college or university in Arkansas that receives state funding for student financial assistance or voluntarily participates in the system.

History. Acts 2011, No. 1195, § 1; 2013, No. 1173, § 1; 2019, No. 910, § 1947.

Amendments. The 2013 amendment substituted “6-85-216” for “6-85-215” in (1).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” and “division” for “department” in (1).

6-60-902. Arkansas Higher Education Information System.

  1. The Division of Higher Education shall develop and maintain the Arkansas Higher Education Information System.
    1. The Division of Higher Education shall provide the Bureau of Legislative Research with direct read-and-report-only access to the data warehouse of the system concerning student academic data, financial aid data, and related records.
      1. In providing the bureau with the direct read-and-report-only access required under subdivision (b)(1) of this section, the Division of Higher Education shall take reasonable precautions, including electronic blocking or redacting, to prevent the disclosure of:
        1. Personally identifiable information of a student, unless the parent or guardian of a minor student or a student who is no longer a minor consents in writing to the disclosure of personally identifiable information about that student; or
        2. Information that would cause the Division of Higher Education to lose funding under 20 U.S.C. § 1232g, as it existed on January 1, 2011.
      2. The Division of Higher Education shall:
        1. Work with the Division of Elementary and Secondary Education to develop the method of redaction to be used with the system based on the standards used by the Division of Elementary and Secondary Education; and
        2. Disclose to the bureau and to the Legislative Council the method of electronic blocking or redaction the Division of Higher Education will use under this subsection.
      1. The Division of Higher Education shall make its staff reasonably accessible for consultation with bureau staff in developing and responding appropriately to bureau requests under this section.
        1. The bureau staff shall inform the Division of Higher Education of any warehouse data used in the preparation of reports and provide the Division of Higher Education at least one (1) working day to review any student-related warehouse data used in preparation of reports before publicly releasing that student-related data without personally identifiable information of a student.
        2. This subdivision (b)(3)(B) does not waive the confidentiality of a request of a member of the General Assembly under § 10-2-129.
  2. The Division of Higher Education shall provide other information and records requested by the bureau as soon as possible and in whatever reasonable form requested.
  3. To the extent possible, the Division of Higher Education, in cooperation with the Division of Elementary and Secondary Education, shall maintain the system in a manner that ultimately will be compatible with implementing a P-20W student data system for the state.

History. Acts 2011, No. 1195, § 1; 2013, No. 1173, § 2; 2015, No. 218, § 3; 2015, No. 1258, § 3; 2019, No. 910, § 1948.

A.C.R.C. Notes. The “P-20W student data system” referenced in this section is a Statewide Longitudinal Data System under the Educational Technical Assistance Act of 2002, 20 U.S.C. 9601 et seq.

Acts 2015, No. 1258, § 1, provided: “LEGISLATIVE FINDINGS.

The General Assembly finds:

“(1) Amendment 92 to the Arkansas Constitution states in part: ‘The General Assembly may provide by law for the review by a legislative committee of administrative rules promulgated by a state agency before the administrative rules become effective; and that administrative rules promulgated by a state agency shall not become effective until reviewed and approved by the legislative committee charged by law with the review of administrative rules under subdivision (a)(1) of this section’;

“(2) As Amendment 92 does not define the term ‘state agency’, the General Assembly may establish a definition by law as part of its implementation of Amendment 92;

“(3) The General Assembly at this time wishes to exclude the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education from the definition of ‘state agency’ applied to the implementation of Amendment 92; and

“(4) The General Assembly or the Legislative Council reserve the right to amend the definition of ‘state agency’ in the future to include one (1) or all of the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education.”

Publisher's Notes. Acts 2015, No. 1258, § 3 specifically amended this section as amended by Acts 2015, No. 218.

Amendments. The 2013 amendment redesignated (b)(3)(B) as (b)(3)(B)(i) and added (b)(3)(B)(ii).

The 2015 amendment by No. 218 substituted “Arkansas Lottery Legislative Oversight Committee” for “Arkansas Lottery Commission Legislative Oversight Committee” in (b)(2)(B)(ii).

The 2015 amendment by No. 1258 substituted “Legislative Council” for “Arkansas Lottery Legislative Oversight Committee” in (b)(2)(B)(ii).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” throughout the section; deleted “By December 31, 2011” from the beginning of (b)(1); and substituted “Division of Elementary and Secondary Education” for “Department of Education” twice in (b)(2)(B)(i) and in (d).

6-60-903. Compliance by institutions of higher education.

  1. An institution of higher education shall provide the data required under this subchapter at the time and in the manner:
    1. Required by rules of the Arkansas Higher Education Coordinating Board; and
    2. Published from time to time by the Division of Higher Education.
  2. Within two (2) weeks of an institution of higher education's failure to comply with the requirements for submission of data published by the division, the division shall report to the Legislative Council:
    1. The name of an institution of higher education that has not complied with the deadline;
    2. The type of data the institution of higher education failed to submit;
    3. The length of time of noncompliance; and
    4. Any additional information requested by the Legislative Council.

History. Acts 2011, No. 1195, § 1; 2015, No. 218, § 4; 2015, No. 1258, § 4; 2019, No. 910, §§ 1949, 1950.

A.C.R.C. Notes. Acts 2015, No. 1258, § 1, provided: “LEGISLATIVE FINDINGS.

The General Assembly finds:

“(1) Amendment 92 to the Arkansas Constitution states in part: ‘The General Assembly may provide by law for the review by a legislative committee of administrative rules promulgated by a state agency before the administrative rules become effective; and that administrative rules promulgated by a state agency shall not become effective until reviewed and approved by the legislative committee charged by law with the review of administrative rules under subdivision (a)(1) of this section’;

“(2) As Amendment 92 does not define the term ‘state agency’, the General Assembly may establish a definition by law as part of its implementation of Amendment 92;

“(3) The General Assembly at this time wishes to exclude the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education from the definition of ‘state agency’ applied to the implementation of Amendment 92; and

“(4) The General Assembly or the Legislative Council reserve the right to amend the definition of ‘state agency’ in the future to include one (1) or all of the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education.”

Publisher's Notes. Acts 2015, No. 1258, § 4 specifically amended this section as amended by Acts 2015, No. 218.

Amendments. The 2015 amendment by No. 218 substituted “Arkansas Lottery Legislative Oversight Committee” for “Arkansas Lottery Commission Legislative Oversight Committee” in the introductory language of (b) and for “committee” in (b)(4).

The 2015 amendment by No. 1258 substituted “Legislative Council” for “Arkansas Lottery Legislative Oversight Committee” in the introductory language of (b) and in (b)(4).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a)(2); and substituted “division” for “department” twice in the introductory language of (b).

Subchapter 10 — Forming Open and Robust University Minds (FORUM) Act

6-60-1001. Title.

This subchapter shall be known and may be cited as the “Forming Open and Robust University Minds (FORUM) Act”.

History. Acts 2019, No. 184, § 1.

6-60-1002. Legislative intent.

The General Assembly finds that:

  1. The First Amendment of the United States Constitution and the Arkansas Constitution protect the rights of free speech, freedom of the press, freedom of religion, and freedom of association for all citizens;
  2. The United States Supreme Court has called public universities “peculiarly the marketplace of ideas”, Healy v. James, 408 U.S. 169, 180 (1972), where young adults learn to exercise these constitutional rights necessary to participate in our system of government and to tolerate the exercise of those rights by others, and there is “no room for the view that … First Amendment protections should apply with less force on college campuses than in the community at large”, Healy, 408 U.S. at 180;
  3. The exercise of First Amendment rights on the campuses of state-supported institutions of higher education in this state is a critical component of the education experience for students and requires that each state-supported institution of higher education in this state ensure free, robust, and uninhibited debate and deliberation by students, whether on or off campus;
  4. State-supported institutions of higher education in this state and elsewhere should provide adequate safeguards for the First Amendment rights of their students to avoid a stifling of expression on campus;
  5. The United States Supreme Court has warned that if state-supported institutions of higher education stifle student speech and prevent the open exchange of ideas on campus, “our civilization will stagnate and die”, Sweezy vs. New Hampshire, 354 U.S. 234, 250 (1957);
  6. A significant amount of taxpayer dollars is appropriated to state-supported institutions of higher education each year, and the General Assembly must ensure that all state-supported institutions of higher education receiving state funds recognize freedom of speech as a fundamental right for all; and
  7. State-supported institutions of higher education should strive to ensure the fullest degree of intellectual and academic freedom and free expression, and it is not the proper role of state-supported institutions of higher education to shield individuals from speech that is protected by the First Amendment to the United States Constitution, including without limitation ideas and opinions the individuals may find unwelcome, uncollegial, disagreeable, or even deeply offensive.

History. Acts 2019, No. 184, § 1.

6-60-1003. Definitions.

As used in this subchapter:

  1. “Benefit” means the following:
    1. Recognition;
    2. Registration;
    3. The use of facilities of a state-supported institution of higher education for meetings or speaking purposes;
    4. The use of channels of communication; and
    5. Funding sources that are available to student organizations at the state-supported institution of higher education;
  2. “Campus community” means:
    1. A state-supported institution of higher education's:
      1. Students;
      2. Administrators;
      3. Faculty; and
      4. Staff; and
    2. Invited guests of:
      1. The state-supported institution of higher education; or
      2. Any individual in subdivisions (2)(A)(i)-(iv) of this section;
  3. “Counter demonstration” means lawful action or conduct that:
    1. Criticizes or objects to an expressive activity on campus; and
    2. Does not violate the rights of others in the campus community by materially disrupting previously scheduled or reserved activities in a portion or section of the campus at that scheduled time;
  4. “Free-speech zone” means an area on the campus of a state-supported institution of higher education that is designated for the purpose of engaging in an expressive activity;
  5. “Harassment” means expression that is so severe, pervasive, and subjectively and objectively offensive that it effectively denies access to an educational opportunity or benefit provided by the state-supported institution of higher education;
    1. “Materially and substantially disrupts” means a disruption that occurs when a person, with the purpose or knowledge of significantly hindering the expressive activity of another person or group, prevents the communication of a message of another person or group, or prevents the transaction of the business of a lawful meeting, gathering, or procession by:
      1. Engaging in fighting, violence, or other unlawful behavior; or
      2. Physically blocking or using threats of violence to prevent any person from attending, listening to, viewing, or otherwise participating in an expressive activity.
    2. “Materially and substantially disrupts” does not include conduct that is protected under the First Amendment to the United States Constitution or Arkansas Constitution, Article 2, §§ 4, 6, and 24, which includes without limitation:
      1. Lawful protests in an outdoor area of campus that is generally accessible to members of the campus community, except during times when the area has been reserved in advance for another event; or
      2. Minor, brief, or fleeting nonviolent disruptions of events that are isolated and short in duration;
    1. “Outdoor areas of campus” means the generally accessible outside areas of the campus of a state-supported institution of higher education where members of the campus community are commonly allowed, including without limitation:
      1. Grassy areas;
      2. Walkways; and
      3. Other similar common areas.
    2. “Outdoor areas of campus” does not include outdoor areas where access by the majority of the campus community is restricted;
    1. “State-supported institution of higher education” means without limitation an Arkansas state-funded:
      1. Community college; or
      2. University.
    2. “State-supported institution of higher education” does not include:
      1. A public school, public or private institution of higher education, or public or private technical school that operates within the Division of Correction or the Division of Community Correction, or the Division of Youth Services;
      2. An educational program that is provided or facilitated by the Division of Correction or the Division of Community Correction, or the Division of Youth Services; or
      3. A private institution of higher education, regardless of whether the private institution of higher education receives any form of state support, including without limitation the receipt of funds on behalf of students attending the private institution of higher education who receive state-supported scholarships;
  6. “Student” means any person who is enrolled on a full-time or part-time basis in a state-supported institution of higher education; and
  7. “Student organization” means an officially recognized group at a state-supported institution of higher education or a group seeking official recognition, composed of admitted students that receive or are seeking to receive benefits through the state-supported institution of higher education.

History. Acts 2019, No. 184, § 1; 2019, No. 633, § 1.

Amendments. The 2019 amendment added (8)(B)(iii).

6-60-1004. Protected expressive activities.

Expressive activities protected under this subchapter consist of speech and other conduct protected by the First Amendment to the United States Constitution, including without limitation:

  1. Communicating through any lawful verbal, written, or electronic means;
  2. Participating in peaceful assembly;
  3. Protesting;
  4. Making speeches, including without limitation those of guest speakers;
  5. Distributing literature;
  6. Making comments to the media;
  7. Carrying signs; and
  8. Circulating petitions.

History. Acts 2019, No. 184, § 1.

6-60-1005. Public forums.

  1. An outdoor area of campus of a state-supported institution of higher education shall be deemed a public forum for members of the campus community.
  2. State-supported institutions of higher education:
    1. Shall not create free-speech zones or other designated outdoor areas of campus outside of which expressive activities are prohibited; and
      1. May maintain and enforce reasonable time, place, and manner restrictions for outdoor areas of campus that are narrowly tailored to serve a significant institutional interest only when such restrictions:
        1. Employ clear, published, content- and viewpoint-neutral criteria; and
        2. Provide for ample alternative means of expression.
      2. Any restrictions under subdivision (b)(2)(A) of this section shall allow for members of the campus community to spontaneously and contemporaneously assemble, speak, and distribute literature.
  3. A member of the campus community who wants to engage in noncommercial expressive activity in an outdoor area of campus of a state-supported institution of higher education shall be permitted to do so freely as provided under subsection (b) of this section if the individual's conduct:
    1. Is not unlawful; and
    2. Does not materially and substantially disrupt, as defined under § 6-60-1003, the functioning of the state-supported institution of higher education.
  4. This section shall not be interpreted as:
    1. Limiting the right of campus community member expression elsewhere on campus;
    2. Preventing a state-supported institution of higher education from prohibiting, limiting, or restricting expression that the First Amendment to the United States Constitution does not implicate, including without limitation true threats and expression directed to provoke imminent lawless actions and likely to produce it, or prohibiting harassment as defined by § 6-60-1003; or
    3. Allowing an individual to engage in conduct that materially and substantially disrupts, as defined under § 6-60-1003, another person's expressive activity if the other person's activity is occurring in an area of campus that is reserved for an activity under the exclusive use or control of a particular group.

History. Acts 2019, No. 184, § 1.

6-60-1006. Freedom of association — Nondiscrimination against students and student organizations.

A state-supported institution of higher education shall not deny a student organization any benefit or privilege available to any other student organization or otherwise discriminate against an organization based on the expression of the organization, including any requirement that the leaders or members of an organization:

  1. Affirm and adhere to the organization's sincerely held beliefs or statement of principles;
  2. Comply with the organization's standards of conduct; and
  3. Further the organization's mission or purpose, as defined by the student organization.

History. Acts 2019, No. 184, § 1.

6-60-1007. Free expression policies.

State-supported institutions of higher education shall:

  1. Make public in their handbooks, on their websites, and through their orientation programs for students the policies, regulations, and expectations of students regarding free expression on campus consistent with this subchapter; and
  2. Develop materials, programs, and procedures to ensure that those persons who have responsibility for discipline or education of students, such as administrators, campus police officers, residence life officials, and faculty, understand the policies, regulations, and duties of state-supported institutions of higher education regarding free expression on campus consistent with this subchapter.

History. Acts 2019, No. 184, § 1.

6-60-1008. Accountability to the public.

Each state-supported institution of higher education shall submit to the Governor and Legislative Council a report that details:

  1. The course of action implemented to ensure compliance with the requirements of this subchapter by ninety (90) days after July 24, 2019; and
  2. Any changes or updates to the chosen course of action within thirty (30) days after making the changes or updates.

History. Acts 2019, No. 184, § 1.

6-60-1009. Remedies.

  1. A person or student organization aggrieved by a violation of this subchapter may:
    1. Bring an action against the state-supported institution of higher education and any other persons responsible for the violation and seek appropriate relief, including without limitation:
      1. Injunctive relief;
      2. Reasonable attorney's fees; and
      3. Expenses; and
    2. Assert such violation as a defense or counterclaim in any disciplinary action or in any civil or administrative proceeding brought against the person or student organization.
  2. This section does not limit any other remedies available to any person or student organization.

History. Acts 2019, No. 184, § 1.

6-60-1010. Statute of limitations.

A person or student organization is required to bring suit for violation of this subchapter not later than three (3) years after the day the cause of action accrues.

History. Acts 2019, No. 184, § 1.

Subchapter 11 — Student Journalists

6-60-1101. Definitions.

As used in this subchapter:

  1. “Protected activity” means an expression of free speech or freedom of the press as guaranteed by the First Amendment to the United States Constitution and Arkansas Constitution, Article 2, § 6;
    1. “School-sponsored media” means any material that is:
      1. Prepared, substantially written, published, or broadcast by a student journalist at a public institution of higher education;
      2. Distributed or generally made available to members of a student body at a public institution of higher education; and
      3. Prepared under the direction of a student media adviser.
    2. “School-sponsored media” does not include any media that are prepared as communications on behalf of a public institution of higher education intended for distribution or transmission;
  2. “Student journalist” means a student at a public institution of higher education who engages in journalistic activities as part of a formal program of instruction and training at a public institution of higher education, or as part of a recognized student organization at a public institution of higher education, by gathering, compiling, writing, editing, photographing, or preparing information for dissemination through school-sponsored media; and
  3. “Student media adviser” means an individual who is employed, appointed, or designated by a public institution of higher education to supervise or provide instruction to a student journalist with respect to school-sponsored media.

History. Acts 2019, No. 395, § 1.

6-60-1102. Students' right of expression.

    1. Except as provided in § 6-60-1103, a student journalist has the right to engage in protected activities in school-sponsored media.
    2. This right exists regardless of whether the school-sponsored media are:
      1. Supported financially by the public institution of higher education;
      2. Produced using the facilities of the public institution of higher education; or
      3. Produced in conjunction with a class in which the student journalist is enrolled at the public institution of higher education.
  1. A student journalist is responsible for determining the news, opinions, features, and advertising content of any school-sponsored media, except as provided in § 6-60-1103.
  2. This section does not prevent a student media adviser or academic supervisor from teaching student journalists professional standards and responsibilities with respect to the English language and journalism or using professional academic judgment to assign work or evaluate the student journalist's performance as a journalist.
  3. A student media adviser shall not be dismissed, suspended, or disciplined for:
    1. Protecting a student journalist who engages in a protected activity under this subchapter; or
    2. Refusing to infringe on a student journalist's right to engage in a protected activity under this subchapter.
    1. A student journalist who engages in a protected activity under this subchapter does not represent an expression of the policy of a public institution of higher education.
    2. The following institutions and individuals shall not be liable in any civil or criminal action for actions taken by a student journalist who engages in a protected activity under this subchapter:
      1. A public institution of higher education;
      2. An official of a public institution of higher education;
      3. An employee of a public institution of higher education; or
      4. A parent or legal guardian of a student journalist.

History. Acts 2019, No. 395, § 1.

6-60-1103. Prohibited expression.

The following types of expression by a student journalist are not protected activities under this subchapter:

  1. School-sponsored media that are libelous, slanderous, or obscene, as defined by state law;
  2. School-sponsored media that constitute an unwarranted invasion of privacy;
  3. School-sponsored media that violate federal or state law;
  4. School-sponsored media that constitute or incite students as to create:
    1. An unlawful act or a clear and present danger of the commission of an unlawful act;
    2. A violation of a policy of:
      1. The public institution of higher education at which the activity is occurring; or
      2. The Division of Higher Education; or
    3. A material and substantial disruption of the orderly operation of a public institution of higher education; or
  5. School-sponsored media that involve the unauthorized use of the marks or logos of a public institution of higher education.

History. Acts 2019, No. 395, § 1.

Chapter 61 Postsecondary Institutions Generally

A.C.R.C. Notes. References to “this chapter” in subchapters 1-9 may not apply to §§ 6-61-1136-61-124, 6-61-1276-61-138, 6-61-222, 6-61-224, 6-61-2266-61-232, 6-61-525, 6-21-526, 6-61-5286-61-534, 6-61-613, 6-61-708, and subchapters 10-16 which were enacted subsequently.

Research References

ALR.

Liability of university, college, or other school for failure to protect student from crime. 1 A.L.R.4th 1099

Tort liability of public schools and institutions of higher learning for educational malpractice. 1 A.L.R.4th 1139

Mental or physical illness as basis of dismissal of student from school, college, or university. 17 A.L.R.4th 519

Privileged nature of statements or utterances by members of governing body of public institution of higher learning in course of official proceedings.33 A.L.R.4th 632

Subchapter 1 — General Provisions

Preambles. Acts 1939, No. 312 contained a preamble which read:

“Whereas, Natural Resources are the foundation of all social and industrial prosperity, the very existence of our youth being dependent upon them; and

“Whereas, the conservation of our natural resources is so intimately connected with the welfare of our people and should, therefore, be considered as proper subject matter of fundamental education… .”

Effective Dates. Acts 1923 (1st Ex. Sess.), No. 31, § 6: approved Oct. 20, 1923. Emergency clause provided: “This Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is hereby declared to exist and said Act shall take effect and be in force from and after its passage.”

Acts 1939, No. 312, § 8: Mar. 15, 1939.

Acts 1965, No. 48, § 4: effective at beginning of 1965-66 school year.

Acts 1977, No. 560, § 30: Mar. 21, 1977. Emergency clause provided: “It has been found and is hereby determined by the General Assembly that comprehensive planning for post-secondary education in Arkansas must be given greater emphasis. Further delay would possibly affect the educational opportunities available to citizens of the State and the quality of these opportunities. Therefore, an emergency is declared to exist, and this Act, being necessary for the preservation of the public peace, health and safety, shall be in effect from and after passage and approval.”

Acts 1979, No. 820, § 4: Apr. 10, 1979. Emergency clause provided: “It has been found by the General Assembly that coordination of acquisitions of data processing equipment or services by public colleges or universities is important to the effective expenditure of public funds. Therefore, an emergency is declared to exist, and this Act, being necessary for the preservation of the public peace, health and safety, shall be in effect from and after its passage and approval.”

Acts 1991, No. 1101, § 45: Apr. 9, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1991 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1991 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1992 (1st Ex. Sess.), No. 25, § 7: Mar. 5, 1992. Emergency clause provided: “It is hereby found and determined by the General Assembly that some of the language in the law establishing the University of Central Arkansas is obsolete and should be eliminated as soon as possible. Since this act will eliminate the obsolete language, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2005, No. 85, § 2: Feb. 8, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that since September 11, 2001, members of the National Guard and Reserves are being called into active duty more frequently for homeland security duties, for duties related to the fight against terrorism, and for peacekeeping efforts in Iraq; that one of the main recruiting tools used to attract young men and women into military service in the National Guard and Reserves is the offer of financial aid for college tuition and expenses; that students who are members of the National Guard or Reserves are often activated or deployed, which interrupts their educational pursuits and causes them monetary losses; that this act is immediately necessary to prevent the soldiers who serve our country from incurring monetary losses because of their service. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 969, § 12: Apr. 8, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is the state's constitutional obligation to provide a general, suitable, and efficient free system of public schools in the state; that the professional development of public school teachers and administrators is critical to the delivery of a constitutionally adequate education; and that this act is immediately necessary for school districts and educators to prepare for the professional development requirements needed for the 2013-2014 school year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 153: July 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Building Authority, the Arkansas Science and Technology Authority, the Department of Rural Services, and the Division of Land Surveys of the Arkansas Agriculture Department are inefficiently structured; that this inefficient structuring causes an excessive and unnecessary cost to the taxpayers of the this state; and that this act is essential to alleviating that financial burden. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2015.”

Acts 2019, No. 873, § 45: July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2019 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2019 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2019”.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-61-101. Definition.

As used in §§ 6-61-1016-61-103, 6-61-2016-61-209, 6-61-211 [repealed], 6-61-2126-61-216, 6-61-3016-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-5016-61-524, 6-61-6016-61-603, and 6-61-6046-61-612 [repealed], unless the context otherwise requires, “data processing” shall mean an automated process for data collection and the conversion of data into usable form or storage, including the planning, development, and implementation thereof, through the use of electronic or analogue data processing equipment, including computer systems, components of computer systems, and other necessary support equipment used in the automated process. This definition may be altered to include or exclude equipment or services in response to changes in data processing technology with the approval of the Arkansas Communications Study Committee as established by § 10-3-1201 et seq. [repealed].

History. Acts 1977, No. 560, § 4; 1979, No. 820, § 1; A.S.A. 1947, § 80-4904.

6-61-102. Applicability of §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-211 [repealed], 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-501 — 6-61-524, 6-61-601 — 6-61-603, and 6-61-604 — 6-61-612 [repealed].

SAU-Tech and South Arkansas Community College shall be exempt from the provisions of §§ 6-61-1016-61-103, 6-61-2016-61-209, 6-61-211 [repealed], 6-61-2126-61-216, 6-61-3016-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-5016-61-524, 6-61-6016-61-603, and 6-61-6046-61-612 [repealed].

History. Acts 1977, No. 560, § 6; A.S.A. 1947, § 80-4906; Acts 1993, No. 447, § 1.

6-61-103. Powers and duties of existing governing boards unaffected by §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-211 [repealed], 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-501 — 6-61-524, 6-61-601 — 6-61-603, and 6-61-604 — 6-61-612 [repealed].

Nothing in §§ 6-61-1016-61-103, 6-61-2016-61-209, 6-61-211 [repealed], 6-61-2126-61-216, 6-61-3016-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-5016-61-524, 6-61-6016-61-603, and 6-61-6046-61-612 [repealed] shall in any way affect the terms of office or tenure of the governing boards or any of the powers and duties vested in the boards in the internal management of the affairs of their respective institutions.

History. Acts 1977, No. 560, § 25; A.S.A. 1947, § 80-4925.

6-61-104. Program transfers.

In the event that a program is transferred from one state-supported university to another state-supported university and the transfer was not proposed to or acted upon by the Arkansas Higher Education Coordinating Board prior to the final consideration by the General Assembly of the receiving university's budget request for the next biennium and such program has been recommended by the board under the provisions of §§ 6-61-1016-61-103, 6-61-2016-61-209, 6-61-211 [repealed], 6-61-2126-61-216, 6-61-3016-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-5016-61-524, 6-61-6016-61-603, and 6-61-6046-61-612 [repealed], the receiving university may use the transferring university's maximum annual salary limits for similar faculty positions which were transferred.

History. Acts 1983, No. 147, § 12; 1985, No. 845, § 2; A.S.A. 1947, § 80-5612.

6-61-105. Course in American history or civil government required.

  1. A state-supported institution of higher education shall not grant to any student a baccalaureate degree unless he or she has passed a course in American history or civil government, including:
    1. Instruction in the essentials of the United States Constitution; and
    2. The study of American institutions and ideals.
  2. The Division of Higher Education shall see to the strict carrying out of this section and may take such steps and measures as may be necessary to effectuate its provisions.

History. Acts 1923, No. 614, §§ 4, 5; Pope's Dig., §§ 3602, 3603, 11732, 11733; A.S.A. 1947, §§ 80-1615, 80-1616; Acts 2003, No. 267, § 1; 2017, No. 870, § 1; 2019, No. 910, § 1951.

Amendments. The 2017 amendment, in the introductory language of (a), substituted “A state-supported institution of higher education shall not” for “No college or university, normal school, or chartered institution of learning under the authority of the State of Arkansas shall” and “a” for “any” preceding “baccalaureate degree”, and inserted “including”; added (a)(1) and (a)(2); deleted former (b) and (c); redesignated former (d) as present (b); and, in present (b), substituted “shall” for “is directed to” and “may” for “is authorized to” preceding “take such steps”.

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (b).

Cross References. Applicability of §§ 6-61-105 and 6-61-106 to medical and pharmacy school students, § 6-64-415.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, High School Graduation Requirements, 26 U. Ark. Little Rock L. Rev. 382.

6-61-106. [Repealed.]

Publisher's Notes. This section, concerning a course in the United States Constitution and American institutions and ideals being required, was repealed by Acts 2017, No. 870, § 2. The section was derived from Acts 1923 (1st Ex. Sess.), No. 31, §§ 1, 2, 4; 2003, No. 267, § 2.

6-61-107. Courses in conservation of natural resources — Teachers required to take course.

All of the state institutions of higher education shall give instruction in nature study and the conservation of natural resources, including fish and game, soil fertility and erosion, forests and minerals, and all students in the institutions preparing to be teachers shall be required to take such courses of instruction.

History. Acts 1939, No. 312, § 1; A.S.A. 1947, § 80-1620.

6-61-108. Eye protection required.

  1. Every student and teacher in the colleges and universities of this state participating in any of the following courses is required to wear industrial-quality eye protective devices at all times while participating in the following courses or laboratories:
    1. Vocational or industrial arts shops or laboratories involving experience with:
      1. Hot molten metals;
      2. Milling, sawing, turning, shaping, cutting, grinding, or stamping of any solid materials;
      3. Heat treatment, tempering, or kiln firing of any metal or other materials;
      4. Gas or electric arc welding;
      5. Any of the processes listed in this section which may be used for repairing a vehicle; and
      6. Caustic or explosive materials; and
    2. Chemical or combined chemical-physical laboratories involving caustic or explosive chemicals or hot liquids or solids.
  2. The boards of trustees of the state-supported institutions of higher learning in this state may in their discretion:
    1. Purchase eye protective devices and furnish them free to students and teachers;
    2. Purchase eye protective devices and sell or rent the devices to students and teachers; or
    3. Require students and teachers to furnish their own protective devices without cost to the school, college, or university.
  3. As used in this section, “industrial-quality eye protective devices” means devices meeting the standards of the American standard safety code for head, eye, and respiratory protection, Z2. 1-1959, promulgated by the American National Standards Institute.

History. Acts 1965, No. 48, §§ 1-3; A.S.A. 1947, §§ 80-1634 — 80-1636.

Publisher's Notes. Acts 1965, No. 48, §§ 1-3, are also codified as §§ 6-10-113 and 6-51-102.

6-61-109. [Repealed.]

Publisher's Notes. This section, concerning driver education and training programs, was repealed by Acts 2013, No. 1073, § 36. This section was derived from Acts 1967, No. 335, § 1; A.S.A. 1947, § 80-1637.

6-61-110. Testing of entering freshmen for remedial courses.

  1. A first-time entering freshman at a state-supported institution of higher education who is admitted to enroll in an associate or a bachelor's degree program shall be tested by the admitting institution for purposes of placement in either college-level credit courses in English and mathematics or remedial courses in English composition, reading, and mathematics.
  2. Remedial courses shall not provide credit toward a degree.
    1. The Arkansas Higher Education Coordinating Board shall determine the:
      1. Test or other criteria to be used;
      2. Testing procedures and exemptions;
      3. Minimum scores or criteria below which students at all state-supported institutions of higher education must take remedial courses; and
      4. Minimum scores or criteria to allow simultaneous enrollment in college-level credit and remedial courses.
    2. The board shall base these decisions on:
      1. Consultation with representatives of the state-supported institutions of higher education;
      2. Analysis of the placement procedures presently used by institutions in the state;
      3. Statewide placement testing programs in other states; and
      4. Pilot projects involving testing of entering freshmen at selected institutions in the state.
    3. The board, in collaboration with state-supported institutions of higher education, shall develop by institution uniform measurable exit standards for remedial courses that are comparable to the ACT or SAT equivalent required for college-level enrollment in credit courses to be implemented no later than the fall semester of 2010.
    1. The board shall work with state-supported institutions of higher education to:
      1. Develop innovative alternatives to traditional instruction and delivery methods for remedial courses; and
      2. Provide professional development opportunities to help remedial education faculty gain knowledge in best practices and trends in the instruction and delivery of remedial education.
    2. The board shall report to the House Committee on Education and the Senate Committee on Education by February 1, 2010, on the progress made in addressing the requirements in subdivision (d)(1) of this section.

History. Acts 1991, No. 1101, § 23; 1999, No. 508, § 3; 2009, No. 971, § 1; 2011, No. 899, § 1.

A.C.R.C. Notes. Former § 6-61-110, concerning the testing of entering freshmen for remedial courses, is deemed to be superseded by this section. The former section was derived from Acts 1989 (1st Ex. Sess.), No. 160, § 21. A similar provision which was also codified as § 6-61-110, and was previously superseded, was derived from Acts 1987, No. 1052, §§ 19, 20.

Amendments. The 2009 amendment made minor stylistic changes in (a) and (c); added subdivision designations in (c)(1) and (c)(2); and added (c)(3) and (d)

The 2011 amendment inserted “or other criteria” in (c)(1)(A); inserted “or criteria” in (c)(1)(C); and added (c)(1)(D).

6-61-111. Student assessment programs.

  1. Beginning with the fall 1991 semester, each state-supported institution of higher education shall implement an asessment program to evaluate student learning of general education core curriculum.
  2. The student outcomes assessment program developed by each institution shall be approved by the Arkansas Higher Education Coordinating Board prior to implementation.

History. Acts 1989, No. 98, § 3.

6-61-112. Student or student's spouse called into military service.

  1. A student who ceases attendance at a state-supported postsecondary educational institution without completing and receiving a grade in one (1) or more courses shall receive compensation for the resulting monetary loss as provided under this section if the student ceases attendance because:
    1. The student is activated or deployed by the military; or
    2. The student's spouse is activated or deployed by the military and the student or the student's spouse has dependent children residing in the household.
    1. To be eligible for the compensation described under this section, the student must provide, prior to activation or deployment, an original or official copy of the military activation or deployment orders to the registrar or other designated school official of the state-supported postsecondary educational institution at which the student is enrolled at the time of military activation or deployment.
    2. To be eligible for the compensation described under this section, a student whose spouse is a service member shall provide proof of registration with the Defense Enrollment Eligibility Reporting System of the United States Department of Defense that establishes that dependent children reside in the household of the student and service member.
    1. The student shall choose from one (1) of the following three (3) compensatory options regarding tuition:
      1. A complete refund of tuition and general fees that are assessed against all students at the institution;
      2. At least one (1) year to complete the course work after the student's or student's spouse's deactivation; or
        1. Free tuition for one (1) semester at the institution where the student's attendance was interrupted unless federal aid is made available to compensate the student for the resulting monetary loss related to the student's or student's spouse's activation or deployment.
        2. Federal aid shall not include Pell Grants, other federal grants, or other monetary benefits paid to the student directly or at the student's direction.
        3. If a student or student's spouse is activated or deployed during a semester, the student shall not receive more than one (1) semester of free tuition under this subdivision (c)(1)(C).
    2. This subsection shall not allow a student to recover any amount in excess of the student's actual monetary loss.
    1. The student shall receive a proportionate refund of room, board, and other fees that were paid to the institution based on the date of the student's notice of withdrawal from the institution.
    2. If an institution contracts for room, board, or other services from a third party, then the third-party contractor shall provide a refund to the institution for the services or fees in an amount equal to the student's monetary loss under subdivision (d)(1) of this section.
  2. The student shall receive the maximum price, based on condition, for the textbooks related to the uncompleted courses if the institution has a policy of repurchasing textbooks.
    1. A student's eligibility for a state-supported scholarship, grant, or loan for attendance at a postsecondary educational institution shall not be affected by the student's failure to complete any coursework because of the student's or student's spouse's military activation or deployment.
    2. The Division of Higher Education shall adopt the necessary rules to ensure that state-supported scholarship, grant, and loan programs comply with the provisions of this section.
    1. For each fiscal year, each state-supported institution of higher education in the state shall report the type and amount of compensatory options provided under this section to the division.
    2. The division shall report to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth regarding the type and amount of compensatory options provided under this section by each state-supported institution of higher education no later than October 1 of each year beginning in 2006 and each year thereafter.

History. Acts 1991, No. 310, §§ 1-3; 2005, No. 85, § 1; 2007, No. 16, § 1; 2019, No. 910, §§ 1952, 1953.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (f)(2); and substituted “division” for “department” in (g)(1) and (g)(2).

6-61-113. References to race.

All public institutions of higher education in this state shall remove all unconstitutional or illegal references to race from the charters, bylaws, or rules of the institutions.

History. Acts 1992 (1st Ex. Sess.), No. 25, § 3.

A.C.R.C. Notes. References to “this chapter” in §§ 6-61-1016-61-112, 6-61-125, 6-61-126 and subchapters 2-9 may not apply to this section which was enacted subsequently.

6-61-114. [Repealed.]

Publisher's Notes. This section, concerning standardized rising junior test - annual report, was repealed by Acts 2007, No. 274, § 1. The section was derived from Acts 1993, No. 874, §§ 1, 2; 1999, No. 478, § 3; 2001, No. 1085, § 1.

6-61-115 — 6-61-120. [Repealed.]

Publisher's Notes. These sections, concerning the Arkansas Institution for Advocacy for the Blind, Arkansas Board for the Institution for Advocacy for the Blind creation and powers, Arkansas Institution for Advocacy for the Deaf, and Arkansas Board for the Institution for Advocacy for the Deaf creation and powers, were repealed by Acts 2009, No. 1484, § 2. The sections were derived from the following sources:

6-61-115. Acts 1999, No. 853, § 1.

6-61-116. Acts 1999, No. 853, § 2.

6-61-117. Acts 1999, No. 853, § 3.

6-61-118. Acts 1999, No. 928, § 1.

6-61-119. Acts 1999, No. 928, § 2.

6-61-120. Acts 1999, No. 928, § 3.

6-61-121. Higher education minority retention programs — Definition.

For purposes of this section and § 6-61-122, the term “minority” refers to African-Americans, Hispanic Americans, Asian Americans, and Native Americans.

History. Acts 1999, No. 1091, § 1.

A.C.R.C. Notes. References to “this chapter” in §§ 6-61-1016-61-112, 6-61-125, 6-61-126 and subchapters 2-9 may not apply to this section which was enacted subsequently.

6-61-122. Higher education minority retention programs — Establishment — Reports.

  1. All state-supported colleges and universities shall establish a program for the retention of blacks and other members of minority groups as students, faculty, and staff. Retention action plans shall be prepared on a continuing basis for future five-year periods.
  2. Each state-supported college and university shall annually prepare a progress report on the steps that have been taken to reach the goals of the plan. The report shall include information relative to students, faculty, and staff within the institution.
  3. Copies of each institution's five-year plan and annual report shall be filed by June 30 with the Department of Higher Education, the board of trustees of the institution, the House Committee on Education and the Senate Committee on Education, and the board of visitors of the institution, if applicable.
  4. The department shall develop appropriate forms for reporting and shall monitor the retention plans and annual reports.
  5. In carrying out the retention action plans, each institution shall provide for a part-time or full-time employee by reassignment, appointment, or employment to assist the institution in the retention of blacks and members of other minority groups for faculty and staff positions.

History. Acts 1999, No. 1091, § 2.

A.C.R.C. Notes. References to “this chapter” in §§ 6-61-1016-61-112, 6-61-125, 6-61-126 and subchapters 2-9 may not apply to this section which was enacted subsequently.

6-61-123. Meningococcal disease warning.

Each college or university shall advise students and their parents or guardians of the increased risk of meningococcal disease in students who live in close quarters, such as college or university dormitories. The college or university shall also advise students and their parents or guardians that a vaccination is available against the potentially fatal meningococcal disease.

History. Acts 1999, No. 1233, § 1.

A.C.R.C. Notes. References to “this chapter” in §§ 6-61-1016-61-112, 6-61-125, 6-61-126 and subchapters 2-9 may not apply to this section which was enacted subsequently.

6-61-124. Reporting minority students who complete an education program — Definitions.

  1. For the purposes of this section:
    1. “Endorsed areas” include, but are not limited to, library media specialists, gifted and talented specialists, and curriculum specialists; and
    2. The term “minority” means African-Americans, Hispanic Americans, Asian Americans, and Native Americans.
    1. All state-supported colleges and universities in Arkansas shall report to the Division of Elementary and Secondary Education as soon as possible after each semester a list of each minority student who:
      1. Has completed college or university requirements to receive a recommendation for licensure as a public school teacher, administrator, counselor, and other endorsed areas; and
      2. Has signed a consent form authorizing the college or university to report such information to the division.
    2. The list required in subdivision (b)(1) of this section shall indicate the name, address, and major of the student graduating with an education degree.
    1. The division shall maintain a database based upon the reports provided by each college and university under subsection (b) of this section.
    2. The database shall also include the name, address, and major of any minority Arkansas resident with an education degree who requests such information to be added to the database.
      1. The database shall be made accessible upon request to every public school superintendent in this state or other official designated by the superintendent for the purpose of recruiting faculty and staff.
      2. The database provided for in this section shall not be made available to any school or person located outside this state.

History. Acts 1999, No. 905, §§ 1-3; 2019, No. 910, §§ 1954-1956.

A.C.R.C. Notes. References to “this chapter” in §§ 6-61-1016-61-112, 6-61-125, 6-61-126 and subchapters 2-9 may not apply to this section which was enacted subsequently.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (b)(1); and substituted “division” for “department” in (b)(1)(B) and (c)(1).

6-61-125. American Sign Language as foreign language.

The American Sign Language may qualify as a foreign language for the purpose of meeting general elective credit requirements for graduation from state-supported colleges and universities in Arkansas if the language is taught by a qualified instructor of American Sign Language and if the course is conducted under the supervision of an instructor at the college or university as approved by that college or university.

History. Acts 1999, No. 1269, § 1.

6-61-126. Electronic communication — Privacy policy.

  1. Each public postsecondary institution in Arkansas shall adopt a privacy policy governing electronic communications transmitted over the institution's computer network system that are originated or received by a faculty member, staff member, or a student.
  2. No later than January 1, 2004, the computer policy shall be included in each institution's student handbook and shall be available on each institution's website.
  3. The privacy policy shall include provisions identifying:
    1. The types of electronic communications that are not confidential;
    2. Methods to be used by the institution to protect the confidentiality of personally identifiable electronic communications that are originated or received by a faculty member, staff member, or a student;
    3. Procedures for releasing any confidential personally identifiable electronic communication that is originated or received by a faculty member, staff member, or a student; and
    4. Any other information necessary for the institution's faculty, staff, and students to understand their rights and obligations under the policy.
  4. For purposes of this section, “electronic communication” includes any electronic mail message transmitted through the international network of interconnected government, educational, and commercial computer networks and includes messages transmitted from or to any address affiliated with an Internet site.

History. Acts 2003, No. 1799, § 1.

6-61-127. Arkansas Higher Education Performance Reporting System.

    1. The Division of Higher Education, in consultation with the institutions of higher education, shall develop an Arkansas Higher Education Performance Reporting System.
    2. The Legislative Council shall have final approval of the form and content of the performance reports to be provided to the General Assembly, the various interim committees, and the public after considering the recommendations of the House Committee on Education and Senate Committee on Education.
  1. To the extent possible, the Arkansas Higher Education Performance Reporting System will utilize information from an accrediting agency recognized by the United States Department of Education's assessment outcomes measures, which are required for reaffirmation of accreditation, federal Integrated Postsecondary Education Data System report data, and data collected annually through the Statewide Information System of the Division of Higher Education.
  2. In developing the Arkansas Higher Education Performance Reporting System, the Division of Higher Education will review and analyze higher education performance reporting systems used in other states to incorporate the best aspects of those plans.
  3. The Arkansas Higher Education Performance Reporting System will provide the General Assembly and the public with quantitative, objective information which will reveal institutional weaknesses and strengths. Performance-based reports shall be provided annually to the House Committee on Education, the Senate Committee on Education, and the Legislative Council.
  4. To the extent possible, and taking into account the differences in institutional missions, the Arkansas Higher Education Performance Reporting System will contain uniform accountability elements which reveal trends, strengths, and weaknesses and assist policymakers and prospective students and their parents in comparing institutions and judging the extent to which they are effectively and efficiently accomplishing their missions.

History. Acts 2003, No. 1463, § 12; 2015, No. 865, § 11; 2019, No. 910, §§ 1957, 1958.

A.C.R.C. Notes. References to “this chapter” in §§ 6-61-1016-61-112, 6-61-125, 6-61-126 and subchapters 2-9 may not apply to this section which was enacted subsequently.

Acts 2013, No. 1397, § 30, provided: “AUDIT DATA.

All post-secondary institutions shall provide to the Arkansas Department of Higher Education a copy of the Integrated Post-Secondary Education Data System (IPEDS) data within three weeks following the IPEDS due date, which shall be subject to audit by the Arkansas Department of Higher Education.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 104, § 30, provided:

“AUDIT DATA. All post-secondary institutions shall provide to the Arkansas Department of Higher Education a copy of the Integrated Post-Secondary Education Data System (IPEDS) data within three weeks following the IPEDS due date, which shall be subject to audit by the Arkansas Department of Higher Education.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 978, § 29, provided:

“AUDIT DATA. All post-secondary institutions shall provide to the Arkansas Department of Higher Education a copy of the Integrated Post-Secondary Education Data System (IPEDS) data within three weeks following the IPEDS due date, which shall be subject to audit by the Arkansas Department of Higher Education.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

The 2015 amendment added “Department of Higher Education's” to (b) without markup.

Acts 2016, No. 236, § 28, provided: “AUDIT DATA. All post-secondary institutions shall provide to the Arkansas Department of Higher Education a copy of the Integrated Post-Secondary Education Data System (IPEDS) data within three weeks following the IPEDS due date, which shall be subject to audit by the Arkansas Department of Higher Education.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Amendments. The 2015 amendment, in (b), substituted “an accrediting agency recognized by the federal Department of Education's” for “the North Central Association of Colleges and Schools” and “Department of Higher Education’s” for “department's.”

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a)(1), (b), and (c).

6-61-128. Restrictions on use of social security numbers.

No public or private institution of higher education shall:

  1. Print a student's or employee's social security number or any part of the number on the student's or employee's identification card; or
  2. Make a student's or employee's social security number available by reading the magnetic strip or other encoded information on the student's or employee's identification card.

History. Acts 2003, No. 108, § 1.

A.C.R.C. Notes. References to “this chapter” in §§ 6-61-1016-61-112, 6-61-125, 6-61-126 and subchapters 2-9 may not apply to this section which was enacted subsequently.

6-61-129. Establishment of centers of excellence — Definition.

  1. For purposes of this section, “center of excellence” means a consortium of two (2) or more institutions of higher education working in collaboration with regional economic developers.
  2. The purpose of the centers of excellence shall be to address the workforce education and training needs for existing, expanding, or attracting new business and industry in each of the economic development regions of the state.
    1. In order to improve the state's ability to compete in the knowledge-based economy, the Arkansas Higher Education Coordinating Board may create acknowledged centers of excellence.
      1. Institutions of higher education may submit proposals to the Division of Higher Education to become centers of excellence.
      2. In each proposal for creation of a center of excellence, institutions shall identify the center's:
        1. Technical alignment or academic alignment, or both, to existing or future businesses and industries in the state; and
        2. Collaboration plan to serve a particular occupation.
    1. Two (2) representatives of the division as designated by the Director of the Division of Higher Education, and one (1) representative of the Arkansas Economic Development Commission shall meet as needed to review applications jointly.
    2. The division and the commission shall jointly make a recommendation to the board regarding which institutions shall be acknowledged as centers of excellence in a particular program or field of study based on factors, including, but not limited to:
      1. Number, type, and demand for related jobs;
      2. Quality of related instructional or research programs, or both;
      3. Availability of faculty;
      4. Student accessibility;
      5. Feasibility of expected program cost; and
      6. Research capability.
  3. Final approval of centers of excellence shall be made by the board.
  4. The designation of centers of excellence shall be fully reviewed at least one (1) time every five (5) years.

History. Acts 2005, No. 265, § 1; 2015 (1st Ex. Sess.), No. 7, § 72; 2015 (1st Ex. Sess.), No. 8, § 72; 2019, No. 910, §§ 1959-1961.

A.C.R.C. Notes. References to “this chapter” in §§ 6-61-1016-61-112, 6-61-125, 6-61-126 and subchapters 2-9 may not apply to this section which was enacted subsequently.

Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 62, provided:

“Transfer of the Arkansas Science and Technology Authority.

“(a)(1) The Arkansas Science and Technology Authority is transferred to the Arkansas Economic Development Commission by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the commission is the principal department under Acts 1971, No. 38.

“(b) The statutory authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, and other funds, including the functions of budgeting or purchasing, of the authority are transferred to the commission, except as specified in this act.

“(c) The prescribed powers, duties, and functions, including rulemaking, regulation, and licensing; promulgation of rules, rates, regulations, and standards; and the rendering of findings, orders, and adjudication of the authority are transferred to the executive director of the commission, except as specified in this act.

“(d) The members of the Board of Directors of the Arkansas Science and Technology Authority, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the board except as specified in this act.”

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 deleted “and the Arkansas Science and Technology Authority” following “Commission” in (d)(1) and (d)(2), and deleted “each” following “representative” in (d)(1).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (c)(2)(A), twice in (d)(1), and in (d)(2).

6-61-130. Institutional advice for university course work and degree completion.

  1. The purpose of this section is to ensure that faculty advisors at universities provide students with course selection advice that will enable a full-time student to obtain most bachelor's degrees within eight (8) semesters.
  2. Any person assigned by a university to provide course selection advice to incoming freshman students shall provide any student who has declared a major with a written, eight-semester course of study signed by either the institution's chief operating officer, president, or dean that provides a recommended sequence for all course requirements for completion of most bachelor's degrees within eight (8) semesters.
      1. Any student who chooses a bachelor's degree designed to be completed within eight (8) semesters may commit to completion of the degree requirements within eight (8) semesters by signing and returning a copy of the written, eight-semester course of study to the university's advising center or the student's assigned academic advisor.
      2. If a student does not choose to commit to completion of the degree requirements within eight (8) semesters, the institution shall obtain a signed, written waiver from the student that clearly outlines the student's rights under this section and verifies that the student chooses not to enter into the commitment. If no waiver is obtained, the institution will be deemed to have guaranteed a bachelor's degree as provided by this section.
    1. A student shall be guaranteed a bachelor's degree at the end of the eight (8) semesters if the student:
      1. Commits to completion of his or her bachelor's degree requirements within eight (8) semesters as set forth under subdivision (c)(1) of this section;
      2. Makes satisfactory academic progress;
      3. Fulfills all of the course requirements set forth in the signed, written, eight-semester course of study in the recommended sequence; and
      4. Does not change his or her declared major.
    1. Each university shall publish a recommended course sequence and recommended schedule by semester for each degree offered by the university.
    2. The recommended course sequence schedule shall be included in the university's course catalog and departmental publications and on the university's website.
    3. Each university shall offer and make available courses in a time, sequence, and manner that will enable students to complete requirements for a degree within the time frame set out in the recommended course sequence schedule.
  3. Only universities that implement procedures in compliance with this section shall be approved by the Arkansas Higher Education Coordinating Board to receive funding from the Arkansas Academic Challenge Scholarship Program or the Arkansas Governor's Scholars Program.

History. Acts 2005, No. 1014, § 1.

A.C.R.C. Notes. References to “this chapter” in §§ 6-61-1016-61-112, 6-61-125, 6-61-126 and subchapters 2-9 may not apply to this section which was enacted subsequently.

6-61-131. Student accounts receivable policies at two-year institutions of higher education — Definition.

  1. As used in this section, “two-year institution of higher education” means:
    1. A state-supported two-year institution of higher education; or
    2. A two-year branch campus of a four-year institution of higher education.
  2. A two-year institution of higher education shall:
    1. Develop and adopt policies concerning:
      1. Student accounts receivable;
      2. The collection of delinquent accounts; and
      3. The prevention of students with long-standing delinquent account balances from registering for courses or completing courses; and
      1. Review its policies and practices to ensure its compliance with census reporting guidelines promulgated by the Division of Higher Education.
      2. A review under this subdivision (b)(2) shall occur at the beginning of each fall semester.
  3. A policy developed under subdivision (b)(1) of this section shall be:
    1. Issued in written form by the two-year institution of higher education;
    2. Published in the two-year institution of higher education's student handbook and on its website; and
    3. Filed with the division no later than thirty (30) days after the adoption of the policy.

History. Acts 2007, No. 50, § 1; 2019, No. 910, §§ 1962, 1963.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (b)(2)(A); and substituted “division” for “department” in (c)(3).

6-61-132. Academic advising on transferability of coursework.

  1. The General Assembly finds that:
    1. Academic advising is an important service provided to students;
    2. The Arkansas Course Transfer System is an important tool for the advising process that is to be used by professors and advising staff to improve graduation rates; and
    3. Freshmen should be advised of the importance of academic advising, the availability of the Arkansas Course Transfer System, and how to use the Arkansas Course Transfer System.
  2. Each public institution of higher education shall inform each student at registration as to how the Arkansas Course Transfer System can be used to assist the student to understand which course will transfer to another public institution of higher education.
  3. The information provided to the student under this section shall help the student use the Arkansas Course Transfer System to determine which public institutions of higher education accept various courses for transfer.

History. Acts 2007, No. 472, § 1.

6-61-133. Professional development for mandated reporters and licensed elementary and secondary public school personnel — Definitions.

  1. As used in this section:
    1. “Child maltreatment” means the abuse, sexual abuse, neglect, sexual exploitation, or abandonment of a child under the Child Maltreatment Act, § 12-18-101 et seq.; and
    2. “Licensed school personnel” means a person who works with students in an elementary or secondary public school, a public charter school, a school district, or an education service cooperative for whom a license issued by the State Board of Education is a condition of employment, including without limitation a:
      1. School or school district administrator;
      2. Teacher;
      3. Coach for a school athletics program;
      4. School counselor;
      5. School social worker;
      6. School psychologist; and
      7. School nurse.
  2. For each degree program at an institution of higher education in this state that is a prerequisite for licensure or certification in a profession in which the professional is a child maltreatment mandated reporter under the Child Maltreatment Act, § 12-18-101 et seq., the Division of Higher Education shall coordinate with all the institutions of higher education to ensure that before receiving a degree, each graduate receives the professional development identified in subdivision (d)(1) of this section.
  3. Licensed school personnel shall obtain the professional development identified in subsection (d) of this section:
    1. Not more than one (1) year before the individual's initial licensure; and
    2. According to the professional development schedule under § 6-17-709.
    1. The professional development required under this section shall include without limitation:
      1. Recognizing the signs and symptoms of child maltreatment;
      2. The legal requirements of the Child Maltreatment Act, § 12-18-101 et seq., and the duties of mandated reporters under the Child Maltreatment Act, § 12-18-101 et seq.; and
      3. Methods for managing disclosures regarding child victims.
    2. In addition to the professional development required under subdivision (d)(1) of this section, licensed school personnel shall obtain professional development in connecting a victim of child maltreatment to appropriate in-school services and other agencies, programs, and services needed to provide the child with the emotional and educational support the child needs to continue to be successful in school.
    1. The professional development obtained by licensed school personnel may be obtained as in-person or online professional development.
    2. The Arkansas Child Abuse/Rape/Domestic Violence Commission shall approve the curriculum for the professional development.
    3. Licensed school personnel shall document completed professional development according to the rules of the state board.

History. Acts 2007, No. 703, § 3; 2009, No. 758, § 7; 2011, No. 1236, § 1; 2013, No. 969, § 11; 2019, No. 910, § 1964.

Amendments. The 2009 amendment substituted “Child Maltreatment Act, § 12-18-101 et seq.” for “Arkansas Child Maltreatment Act, § 12-12-501 et seq.” in the introductory language and (2).

The 2011 amendment rewrote the section heading and the section.

The 2013 amendment substituted “Professional development” for “Training” throughout the section; substituted “mandated” for “mandatory” in the first paragraph of the section; substituted “Not more than one (1) year before the” for “The” in (c)(1); and substituted “According to the professional development schedule under § 6-17-709” for “All subsequent renewals of the individual's license” in (c)(2); and deleted (f).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (b).

6-61-134. Associate of applied science degree — Mathematics requirement.

  1. An applicable and appropriate nonremedial mathematics course is:
    1. An Arkansas Course Transfer System mathematics course with the “MATH” prefix;
    2. Applied mathematics; or
    3. A nonremedial mathematics course that satisfies the mathematics component of the associate of applied science degree and has been approved by the:
      1. State-supported institution of higher education offering the associate of applied science degree through the academic review process; and
      2. Division of Higher Education.
  2. Beginning July 2011, state-supported institutions of higher education shall require a college-level nonremedial mathematics course for an associate of applied science degree.

History. Acts 2009, No. 1197, § 1; 2019, No. 910, § 1965.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a)(3)(B).

6-61-135. False academic credential.

  1. As used in this section, “false academic credential” means a document that provides evidence or demonstrates completion of an academic or professional course of study at the post-secondary level that results in the awarding of a certificate, degree, or rank that is issued by an individual or institution that is not:
    1. Certified under § 6-61-301; or
    2. Exempt from certification under § 6-61-301.
  2. A person shall not knowingly use a false academic credential for the purpose of:
    1. Obtaining:
      1. Employment;
      2. A license or certificate to practice a trade, profession, or occupation;
      3. A promotion, compensation, or other benefit from an employer;
      4. Admission to an institution of higher education; or
      5. A position in government with authority over another person; or
    2. Promoting or introducing oneself to others in any oral or written communication as having attained an academic title or a level of academic achievement.
  3. A person who violates this section may be convicted of a Class B misdemeanor and fined up to one thousand dollars ($1,000).

History. Acts 2011, No. 205, § 1.

6-61-136. Establishment of an accrediting agency.

  1. Except as provided in subsection (b) of this section, an individual shall not establish or operate an accrediting agency for institutions of higher education in this state without recognition by the United States Department of Education.
  2. This section does not apply to an accrediting agency that:
    1. Accredits only schools operated solely to provide programs of study that prepare students for religious vocations as ministers, professionals, or laypersons in the categories of ministry, counseling, theology, education administration, music, fine arts, or media communications;
    2. Accredits only institutions whose names include a religious modifier or the name of a religious patriarch, saint, religious person, or symbol of the church;
    3. Accredits only institutions whose degree titles include a religious modifier that:
      1. Immediately precedes or is included within any of the following degrees:
        1. Associate of Arts;
        2. Associate of Science;
        3. Bachelor of Arts;
        4. Bachelor of Science;
        5. Master of Arts;
        6. Master of Science;
        7. Doctor of Philosophy; or
        8. Doctor of Education; and
      2. Is placed on the title line of the degree, on the transcript, and whenever the title of the degree appears in official school documents or publications; and
    4. Does not accredit any institution that receives federal funding.
  3. An institution accredited under subsection (b) of this section shall:
    1. Notify students in writing that courses completed and a degree obtained at the institution are not transferable to an institution of higher education accredited through the United States Department of Education; and
      1. Obtain the student's signature acknowledging that the student has been informed and understands the notification.
      2. The institution shall maintain the acknowledgment signed by the student as part of the student's record.

History. Acts 2011, No. 205, § 1; 2013, No. 971, § 1.

Amendments. The 2013 amendment rewrote the section.

6-61-137. Presentation of expenditure data by state-supported institutions of higher education — Definition.

    1. As used in this section, “expenditure data” means information regarding the spending of public funds that adequately identifies the purpose, amount, payor, and vendor, if such disclosure is permissible under the Freedom of Information Act of 1967, § 25-19-101 et seq., and federal laws or regulations.
    2. “Expenditure data” does not include expenses of pending litigation.
  1. A state-supported institution of higher education shall present expenditure data on a website operated by the state-supported institution of higher education.
  2. The website shall:
    1. Be updated on a regular basis to present expenditure data for the current fiscal year and prior year's annual expenditures, starting with the 2013 fiscal year; and
    2. Retain expenditure data for each state fiscal year, starting with the 2013 fiscal year, until ten (10) years of expenditure data are available, after which the website shall retain at least ten (10) years of expenditure data.
    1. The Division of Higher Education:
      1. May promulgate rules necessary to implement this section; and
      2. Shall develop internal guidelines necessary to implement this section.
    2. The division shall consult with the state-supported institutions of higher education in developing rules and internal guidelines necessary to implement this section.

History. Acts 2011, No. 1163, § 1; 2019, No. 910, § 1966.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in the introductory language of (d)(1); and substituted “division” for “department” in (d)(2).

6-61-138. Posthumous degrees.

  1. Each institution of higher education is encouraged to establish a process for awarding a posthumous degree to a student who has died while enrolled in a degree program at the institution of higher education.
  2. A process established by an institution of higher education may include without limitation consideration of the student's:
    1. Level of completion in his or her degree program;
    2. Academic status; and
    3. Personal factors, such as circumstances of death.
  3. The institution of higher education or the parent of a student who died while enrolled in a degree program at an institution of higher education may initiate the process by requesting that a posthumous degree be awarded on the student's behalf.

History. Acts 2011, No. 1239, § 1.

6-61-139. Emergency or security records or information — Disclosure exempted.

The following records or other information is confidential and not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.:

  1. Records or other information of a state-supported institution of higher education that upon disclosure could reasonably be expected to be detrimental to the public safety, including records or other information concerning emergency or security plans, procedures, risk assessments, studies, measures, or systems; and
  2. Records or other information relating to the number of licensed security officers, certified law enforcement officers, or other security personnel employed by or contracting with a state-supported institution of higher education, as well as any personal information about those individuals.

History. Acts 2017, No. 541, § 2.

6-61-140. Panic button alert systems.

  1. Beginning with the 2017-2018 academic year, a state-supported institution of higher education may offer to its students, employees, and other personnel a panic button alert system that:
    1. Connects the user in real time with designated individuals, with the ability of contacting a live 911 operator;
      1. Directly integrates into the existing statewide Smart911 system.
      2. The Smart911 system shall provide a way for a state-supported institution of higher education to geo-fence the campus and provide the Global Positioning System (GPS) location to assist emergency responders by automatically displaying during a 911 call;
    2. Is available for use on and off campus as a smartphone application and has a mechanism for panic notifications to be triggered by non-smartphone wireless callers and landline callers or automatic alert features in the event the user is unable to respond; and
    3. Has geo-tracking capability that can determine the location and movements of the person who engaged the panic button alert system.
  2. A state-supported institution of higher education may provide information to its students, employees, and other personnel to educate the students, employees, and other personnel on:
    1. The use of the panic button alert system; and
    2. How and where to obtain the panic button alert system.

History. Acts 2017, No. 984, § 1.

6-61-141. Duplication of services.

An institution of higher education that has its main campus, satellite campus, or center located within a twenty-five-mile radius of another main campus of an institution of higher education shall enter into a written agreement with that institution of higher education that shall address duplication of services between the institutions of higher education.

History. Acts 2019, No. 873, § 35.

Subchapter 2 — Arkansas Higher Education Coordinating Board

Effective Dates. Acts 1971, No. 697, § 6: Apr. 20, 1971. Emergency clause provided: “It is hereby found and determined that it may be necessary to extend the regular session of the Sixty-Eighth General Assembly as authorized in the Constitution; that under the provisions of Amendment 7 to the Constitution, enactments of the General Assembly that do not have an emergency clause do not become effective until ninety (90) days after the date of final adjournment of the General Assembly; that the extended session of the General Assembly may not adjourn in time for this Act to take effect prior to July 1, 1971, thereby depriving the agency for which funds are appropriated herein of necessary operating funds to commence the next fiscal biennium; and in order that the appropriation made herein may be available on July 1, 1971, the General Assembly hereby determines that the immediate passage of the Act is necessary for the maintenance and operation of the essential governmental services. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval, provided that the appropriation authorized herein shall not be available until July 1, 1971.”

Acts 1977, No. 560, § 30: Mar. 21, 1977. Emergency clause provided: “It has been found and is hereby determined by the General Assembly that comprehensive planning for post-secondary education in Arkansas must be given greater emphasis. Further delay would possibly affect the educational opportunities available to citizens of the State and the quality of these opportunities. Therefore, an emergency is declared to exist, and this Act, being necessary for the preservation of the public peace, health and safety, shall be in effect from and after its passage and approval.”

Acts 1979, No. 820, § 4: Apr. 10, 1979. Emergency clause provided: “It has been found by the General Assembly that coordination of acquisitions of data processing equipment or services by public colleges or universities is important to the effective expenditure of public funds. Therefore, an emergency is declared to exist, and this Act, being necessary for the preservation of the public peace, health and safety, shall be in effect from and after its passage and approval.”

Acts 1985, No. 565, § 3: Mar. 25, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Arkansas Department of Higher Education is in urgent need of authority to assist in the administration of programs funded from private endowments and grants and that this Act is designed to give the Department such authority and should be given effect at the earliest practical date. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 267, § 5: Mar. 1, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that current guidelines regarding the developing and reporting of accurate information in relation to the retention and graduation rates of students and student athletes attending state-supported institution of higher education are inconsistent and inadequate and informed decisions regarding coordination, governance, financing, and academic policies of higher education would be significantly aided by the adoption of the provisions of this Act. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 1244, § 43: Apr. 17, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the restructuring of the delivery system of adult education and vocational education in this state is necessary to provide higher quality educational programs which are accessible by all segments of the population in this state; that recent studies have shown that in the year 2000, workers must have a minimum of fourteen (14) years education to function in the work force; that the state is in desperate need of training, retraining and upgrading the work force; that this act will provide a means to establish more institutions working closely with business and industry to provide every citizen with an opportunity to participate in vocational-technical training or college transfer programs within a reasonable driving distance of their homes; that it is necessary for this Act to become effective immediately so needed changes can be made prior to the date the institutions contained herein are transferred to the new system. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 112, § 40: Feb. 7, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 10 of the First Extraordinary Session of 1995 abolished the Joint Interim Committee on Education and in its place established the House Interim Committee and Senate Interim Committee on Education; that various sections of the Arkansas Code refer to the Joint Interim Committee on Education and should be corrected to refer to the House and Senate Interim Committees on Education; that this act so provides; and that this act should go into effect immediately in order to make the laws compatible as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1059, § 21: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1997 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1997.”

Acts 1997, No. 1114, § 18: May 1, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act abolishes the State Board of Higher Education and replaces the board with the Arkansas Higher Education Coordinating Board; and that to provide for an efficient transition and to allow the Governor a sufficient time to make appointments, this act shall become effective May 1, 1997. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on May 1, 1997.”

Acts 1997, No. 1211, § 40: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1997 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1997.”

Acts 2003 (1st Ex. Sess.), No. 25, § 40: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2003 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2003 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2003.”

Acts 2007, No. 591, § 2: Mar. 28, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act concerns the funding formula for the fiscal year beginning July 1, 2007; that the changes in this act are necessary to determine the funding for two-year colleges; and that these changes are immediately necessary for the distribution of funds to be in accordance with the revised funding formula. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, Nos. 605 and 606, § 27: Mar. 25, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the people of the State of Arkansas overwhelmingly approved the establishment of lotteries at the 2008 General Election; that lotteries will provide funding for scholarships to the citizens of this state; that the failure to immediately implement this act will cause a reduction in lottery proceeds that will harm the educational and economic success of potential students eligible to receive scholarships under the act; and that the state lotteries should be implemented as soon as possible to effectuate the will of the citizens of this state and implement lottery-funded scholarships as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 1203, § 8: Apr. 5, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there is an increasing need to ensure accountability and efficiency with our limited financial resources in trying economic times; that clarifying the funding mechanisms for state supported institutions of education will allow the limited financial resources to be allocated in a fair and equitable manner; and that this act is immediately necessary because funding for state-supported institutions is necessary for the 2012-2013 academic year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 1397, § 49: July 1, 2013. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2013 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2013 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2013.”

Acts 2015, No. 978, § 46: July 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2015 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2015 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2015.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-61-201. Members — Meetings.

    1. The Arkansas Higher Education Coordinating Board shall consist of twelve (12) members appointed by the Governor as follows:
        1. Six (6) members who shall be:
          1. Qualified electors of the State of Arkansas; and
          2. Graduates of public two-year or four-year institutions of higher education within the state.
        2. If an appointee under this subdivision (a)(1)(A) is serving as a member of a board of a two-year or four-year institution of higher education at the time of appointment to the Arkansas Higher Education Coordinating Board, the appointee shall relinquish his or her membership on the board of the two-year or four-year institution of higher education; and
        1. Six (6) members shall be selected from business, industry, education, agriculturally related industry, and medical services and shall not be current members of a board of a public two-year or four-year institution of higher education.
        2. At least one (1) of the appointees shall have a strong interest in and commitment to economic and workforce development.
        3. At least one (1) of the appointees shall have experience in the knowledge-based technology field.
    2. No more than four (4) members of the Arkansas Higher Education Coordinating Board shall be appointed from any one (1) congressional district as the districts exist at the time of the appointment.
  1. Vacancies on the Arkansas Higher Education Coordinating Board shall be filled for the unexpired terms, and the appointments shall be made in the same manner as the positions vacated.
    1. The members of the Arkansas Higher Education Coordinating Board shall serve staggered terms of six (6) years.
    2. The terms of two (2) members shall expire each year.
  2. An intensive orientation program designed by the Presidents Council shall be mandatory for members of the Arkansas Higher Education Coordinating Board.
  3. The Arkansas Higher Education Coordinating Board annually shall elect from its membership the Chair of the Arkansas Higher Education Coordinating Board and other officers necessary to carry on its business.
    1. The Arkansas Higher Education Coordinating Board shall meet at least one (1) time during each calendar quarter and at other times upon the call of the chair or of any other four (4) members.
    2. The Arkansas Higher Education Coordinating Board shall, at the times that it desires, meet on the campuses of the respective public institutions of higher education in the state.
  4. Members of the Arkansas Higher Education Coordinating Board shall serve without compensation but may receive expense reimbursement in accordance with § 25-16-901 et seq.

History. Acts 1977, No. 560, §§ 2, 3; A.S.A. 1947, §§ 80-4902, 80-4903; Acts 1991, No. 1244, § 4; 1997, No. 250, § 25; 1997, No. 1114, § 2; 1999, No. 1352, § 1; 2003 (1st Ex. Sess.), No. 25, § 36; 2015, No. 1100, § 6; 2019, No. 55, § 1; 2019, No. 1084, § 1.

A.C.R.C. Notes. Pursuant to § 1-2-207(b), subsection (a)(1) of this section is set out as amended by Acts 2019, No. 1084, § 1. Acts 2019, No. 55, § 1, also amended subdivision (a)(1) of this section to read:

“(a)(1) The Arkansas Higher Education Coordinating Board shall consist of twelve (12) members appointed by the Governor as follows:

“(A) Three (3) members shall be selected from the current or recent membership of the boards of public colleges or universities. If the person selected is serving on the membership of the board of a public campus, the person shall relinquish his or her membership on the board; and

“(B)(i) Nine (9) members shall be selected from business, industry, education, agriculturally related industry, and medical services and shall not be current members of a board of a public two-year or four-year campus.

“(ii) At least one (1) of the appointees shall have a strong interest in and commitment to economic and workforce development.

“(iii) At least one (1) of the appointees shall have experience in the knowledge-based technology field”.

Amendments. The 2015 amendment inserted the (b)(1) designation; in (b)(1), substituted “subject to confirmation by the Senate” for “from a list of names submitted by the Presidents Counci1”; and added (b)(2).

The 2019 amendment by No. 55, in (a)(1)(A), substituted “public colleges or universities” for “public two-year colleges” in the first sentence, and deleted “two-year” preceding “campus” in the second sentence; deleted (a)(1)(B) and redesignated former (a)(1)(C) as (a)(1)(B); and substituted “Nine (9) members” for “Six (6) members” in (a)(1)(B)(i).

The 2019 amendment by No. 1084 rewrote (a)(1); substituted “Arkansas Higher Education Coordinating Board” for “board” in (a)(2) and throughout the section; deleted (a)(3), former (b), and (c)(3), and redesignated the remaining subsections accordingly; substituted “public institutions of higher education” for “institutions of higher learning” in (f)(2); and made stylistic changes.

Case Notes

Cited: Hadley v. North Ark. Cmty. Tech. College, 76 F.3d 1437 (8th Cir. 1996).

6-61-202. Powers and duties generally.

  1. In order to promote a coordinated system of higher education in Arkansas and to assure an orderly and effective development of each of the publicly supported institutions of higher education, the Arkansas Higher Education Coordinating Board shall have the following powers and duties:
      1. To receive within one (1) year of their appointment and each year thereafter a minimum of eight (8) clock hours of instruction and training, to include higher education issues, policies, laws, and the duties and responsibilities associated with the position of board member.
      2. The members of the boards of all publicly supported institutions of higher education shall receive similar instruction and training within one (1) year of their appointment or election and each year thereafter, which shall be conducted by the individual institutions;
    1. Along with its director, to be responsible, within fiscal and staff capabilities, for directing an integrated program for defining, popularizing, and securing acceptance of the major goals and objectives of higher education in Arkansas and for relating them to the state's various problems;
    2. To request and receive any information from the publicly supported institutions of higher education as the board deems necessary for the performance of its duties;
    3. To promulgate and adopt uniform definitions and forms in such matters as financial reporting, academic statistics, and resident status of students for use in making financial recommendations and standard enrollment data to be followed by the institutions of higher learning;
    4. To determine the need for and recommend to the Governor and the General Assembly the establishment and location of any new institutions and to recommend, when appropriate, changes in the names of existing state-supported institutions of higher learning;
    5. To recommend the level of funding and the method of distribution of state-supported scholarships and loan programs, and to seek the cooperation of the state-supported institutions of higher learning to develop policies to coordinate all student loan and scholarship programs, including those federally financed; and
    6. To review all proposed bond issues to be made by any public institution of higher learning and to advise the board of trustees of each of the respective institutions as to the economic feasibility thereof, as set forth in § 6-62-306.
  2. The board shall encourage the cooperation of private institutions of higher learning in its efforts to plan more effectively for the coordinated development of higher education in this state.

History. Acts 1977, No. 560, §§ 4, 24; 1979, No. 820, § 1; A.S.A. 1947, §§ 80-4904, 80-4924; Acts 1993, No. 1171, § 1.

6-61-203. Director and staff — Funds — Central office.

      1. The Arkansas Higher Education Coordinating Board shall appoint a director through a search and selection process that includes substantial input, review, and recommendation from the Presidents Council, subject to confirmation by the Governor.
      2. The Director of the Arkansas Higher Education Coordinating Board shall serve at the pleasure of the Governor.
      3. The director shall report to the Secretary of the Department of Education.
      1. The director and other staff employed by the board shall demonstrate competence in the field of institutional management or agency management, institutional finance, financial aid, or institutional research.
      2. The director shall exhibit advanced coordination and communication skills.
  1. The salary of the director and other members of the staff employed by the board or the Department of Education shall be comparable to the positions requiring similar qualifications and experience.
  2. The staff of the board shall be under the direction and supervision of the director.
  3. The board shall be provided sufficient operating funds to enable it to carry out adequately the programs and functions assigned to the Division of Higher Education.
  4. The central office of the division shall be maintained in Little Rock.
    1. The board shall evaluate the director annually.
    2. The council shall provide an evaluation report of the division and the director to the board at least annually.

History. Acts 1977, No. 560, § 23; A.S.A. 1947, § 80-4923; Acts 1997, No. 1114, § 3; 2013, No. 533, § 1; 2019, No. 910, § 1967.

Amendments. The 2013 amendment rewrote (a)(3) and (b).

The 2019 amendment added (a)(1)(C); deleted former (a)(2), and redesignated former (a)(3) as (a)(2); inserted “or the Department of Education” in (b); substituted “Division of Higher Education” for “Department of Higher Education” in (d); and substituted “division” for “department” in (e) and (f)(2).

6-61-204. Advisory committees and councils.

  1. The Arkansas Higher Education Coordinating Board and the Presidents Council are authorized to establish advisory committees and councils as may be deemed necessary for the effective development and coordination of higher education in this state.
    1. The Presidents Council shall be composed of all presidents and chancellors of public two-year and four-year colleges and universities.
    2. The Presidents Council shall meet at least quarterly.
    3. The Presidents Council shall serve in a strong advisory capacity to the Director of the Arkansas Higher Education Coordinating Board and to the board.
    4. All board items must be reviewed by the Presidents Council prior to being placed on the board's agenda.
      1. There is created the Executive Council, which shall be selected by the Presidents Council from its membership.
      2. The Executive Council shall consist of four (4) members from two-year campuses and four (4) members from four-year campuses.
    1. Executive Council members shall serve for staggered terms of two (2) years.
    2. The Executive Council shall elect officers as it deems necessary.
    3. The Executive Council shall meet at least monthly, or more frequently as needed, with the director and senior staff.
      1. All items to be considered as board agenda items must be reviewed by the Executive Council before being placed on any board agenda.
      2. In the event that the director and staff shall not be in agreement with the Executive Council on a matter to be considered by the board, the Executive Council's recommendation will be placed on the board agenda automatically for a presentation and explanation of the Executive Council's position. The board will then make a decision based on both positions.
      1. A working committee structure shall be established involving the Presidents Council or its designees.
      2. Examples of possible committees include but are not limited to accountability, graduate studies, undergraduate studies, workforce development, continuing education, and finance and funding.
    1. The committees shall make recommendations to the Presidents Council and the director when policy or funding issues are to be decided.
    2. The Division of Higher Education employees shall staff each committee.

History. Acts 1977, No. 560, § 24; A.S.A. 1947, § 80-4924; Acts 1997, No. 1114, § 4; 2019, No. 910, § 1968.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (d)(3).

6-61-205. Master plan.

  1. In order to promote a coordinated system of higher education in Arkansas and to assure an orderly and effective development of each of the publicly supported institutions of higher education, the Arkansas Higher Education Coordinating Board shall have the power and duty to accept responsibility for continuous master planning.
  2. The board shall involve a broadly representative advisory committee in the development of a comprehensive master plan for all of postsecondary education and shall continually use the committee to keep the master plan updated.
  3. This plan shall include all senior colleges and universities which are state supported, community colleges, branches of state-supported institutions, independent or private colleges and universities, proprietary institutions, and postsecondary efforts of area vocational-technical schools.
  4. Broad citizen participation shall be sought by the board in the development of this plan.

History. Acts 1977, No. 560, § 4; 1979, No. 820, § 1; A.S.A. 1947, § 80-4904.

6-61-206. Studies, surveys, evaluations, etc.

In order to promote a coordinated system of higher education in Arkansas and to assure an orderly and effective development of each of the publicly supported institutions of higher education, the Arkansas Higher Education Coordinating Board shall have the power and duty:

  1. To conduct or cause to be made such studies, surveys, and evaluations of postsecondary education as the board believes necessary to carry out its duties, to include, but not be limited to:
    1. Studies of:
      1. Space utilization and development of guidelines for space utilization;
      2. Manpower needs and their implications for program development; and
      3. Programs for purposes of identifying and reducing unnecessary program duplication and identifying needs for new programs;
    2. Analysis of:
      1. Class size, faculty loads, and cost of instruction, sabbatical leave, and other fringe benefits; and
      2. Enrollments, extension programs, sources of students, and retention of students; and
    3. Advise institutions of plans and needed improvements; and
  2. To conduct continuing studies as to public universities and colleges in all matters affecting these institutions and from time to time submit recommendations to the Governor, the General Assembly, and each institution of higher learning based upon its findings, together with recommended plans for implementing such recommendations.

History. Acts 1977, No. 560, § 4; 1979, No. 820; § 1; A.S.A. 1947, § 80-4904.

6-61-207. Role and scope designations.

    1. In order to promote a coordinated system of higher education in Arkansas and to assure an orderly and effective development of each of the publicly supported institutions of higher education, the Arkansas Higher Education Coordinating Board shall have the power and duty to establish, in consultation with college and university personnel, appropriate role and scope designations within which boards of trustees must operate the institution or institutions under their jurisdiction.
    2. The board shall establish such role and scope designations by January 1, 1990. The designations may be changed at any time as determined by the board. They shall be fully reviewed at least once every five (5) years.
    3. Prior to their establishment of or making a change in role and scope designations, the board shall carefully study the change in consultation with institutional personnel, announce the intent to consider a change, and publicly reveal the change that is being proposed at a regular quarterly meeting, with the vote to come no sooner than the next regular quarterly meeting.
  1. To assist the board and the Division of Higher Education in their effort to promote a coordinated system of higher education in Arkansas that addresses and responds to the changing economic needs of the state and the new economy, the Arkansas Economic Development Commission shall provide the division a list of the state's overall and regional economic development goals within ten (10) days of August 12, 2005, and by September 1 of each year thereafter.
    1. The division may retain the services of consultants or other experts as may be necessary to carry out the review, and the division staff shall work directly with the consultants to handle the logistics of needed discussion groups, meeting minutes, and recommendation dissemination.
    2. The review process shall include an opportunity for institutions to provide input, as well as a time for public and business comment.
    3. Upon completion of the review, the division shall provide a report regarding its findings to the board, the Governor, the cochairs of the Legislative Council, and the Director of the Bureau of Legislative Research.
    4. The requirements for a review under this section shall be contingent upon the appropriation and availability of funding for that purpose.

History. Acts 1977, No. 560, § 4; 1979, No. 820, § 1; A.S.A. 1947, § 80-4904; Acts 1989, No. 397, § 1; 2005, No. 502, § 1; 2019, No. 910, § 1969.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (b); and substituted “division” for “Department of Higher Education” in (b) and throughout (c).

6-61-208. New units of instruction, research, and public service.

    1. In order to promote a coordinated system of higher education in Arkansas and to assure an orderly and effective development of each of the publicly supported institutions of higher education, the Arkansas Higher Education Coordinating Board shall have the power and duty to request, receive, evaluate, and approve proposals for all new units of instruction, research, and public service, consistent with established role and scope designations which have been approved by the board of trustees and the president of an institution, and to determine, based upon established policies, whether new units of instruction, research, or public service are justified.
      1. “Established policies” as used in this subsection means a written statement developed by the board in consultation with and upon the advice of representatives of each of the state's institutions of higher learning which shall set forth the relevant criteria which a proposal for a new unit of instruction must meet before its establishment by an institution is justified.
        1. The term “new unit of instruction, research, or public service” used in this subsection includes establishment of a college, school, division, institute, center, department, new curricula, majors leading to a new degree program, or an extension service not presently included in the program of the institution.
        2. The term does not include reasonable and moderate extensions, as defined by the board, of existing curricular research or public service programs which have a direct relationship to existing programs at the several public institutions of higher learning.
  1. General revenues appropriated by the General Assembly shall not be expended for new programs that have not been recommended by the board.

History. Acts 1977, No. 560, § 4; 1979, No. 820, § 1; A.S.A. 1947, § 80-4904; Acts 1989, No. 397, § 2.

6-61-209. Budgets.

In order to promote a coordinated system of higher education in Arkansas and to assure an orderly and effective development of each of the publicly supported institutions of higher education, the Arkansas Higher Education Coordinating Board shall have the following powers and duties:

    1. To review, evaluate, and coordinate budget requests for the state-supported universities and colleges and present to the General Assembly and to the Governor prior to each regular session of the General Assembly a single budget report containing the recommendations for separate appropriations to each of the respective institutions.
    2. The recommendations will be consistent with a comprehensive master plan of postsecondary education in Arkansas as developed by the board.
    3. The recommendations, insofar as possible, will be based upon standard techniques of objective measurement of need and unit cost figures arrived at through comparative data secured from the several institutions.
    4. Specific needs of institutions based upon existing programs and deficiencies will be given consideration; and
    1. To develop, in conjunction with the institutions of higher learning, the Governor, and the Legislative Council, a single set of budget forms which will be utilized by all parties in making requests and recommendations for the funding of state-supported colleges and universities.
    2. The forms and process will require that the total income and expenditures of each institution must be considered in the request process.

History. Acts 1977, No. 560, § 4; 1979, No. 820, § 1; A.S.A. 1947, § 80-4904.

Case Notes

Cited: Hadley v. North Ark. Cmty. Tech. College, 76 F.3d 1437 (8th Cir. 1996).

6-61-210. [Repealed.]

Publisher's Notes. This section, concerning the allocation of additional state funds, was repealed by Acts 2017, No. 148, § 2. The section was derived from Acts 1971, No. 697, § 1; 2009, No. 962, § 6.

6-61-211. [Repealed.]

Publisher's Notes. This section, concerning data processing equipment or services, was repealed by Acts 1997, No. 798, § 1. The section was derived from Acts 1977, No. 560, § 4; 1979, No. 820, § 1; 1985, No. 463, § 2; A.S.A. 1947, § 80-4904; Acts 1989, No. 16, § 1.

6-61-212. State agency for federal programs.

In order to promote a coordinated system of higher education in Arkansas and to assure an orderly and effective development of each of the publicly supported institutions of higher education, the Arkansas Higher Education Coordinating Board shall have the power and duty to serve as the state agency of this state for such federal programs which can most appropriately be administered by it.

History. Acts 1977, No. 560, § 4; A.S.A. 1947, § 80-4904.

6-61-213. Administration of trusts, endowments, etc.

  1. In order to promote a coordinated system of higher education in Arkansas and to assure an orderly and effective development of each of the publicly supported institutions of higher education, the Arkansas Higher Education Coordinating Board shall have the power and duty to provide administrative assistance in accordance with terms agreed upon by both the Department of Higher Education and parties establishing trusts, endowments, or otherwise providing funds in support of scholarships, research, or other educational activities at Arkansas institutions of higher education.
  2. The department is not authorized to be the custodian of, or to in any way participate in, the financial management of trusts, endowments, or other funds established for purposes of §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-211 [repealed], 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-501 — 6-61-524, 6-61-601 — 6-61-603, and 6-61-604 — 6-61-612 [repealed].
    1. The assistance of the department is limited to administrative support in the allocation or awarding of funds to be disbursed by the donor or a properly authorized trustee.
    2. The department is authorized to supplement administrative costs for such assistance by charging a minimal administrative fee acceptable to the department and the parties establishing the endowments or providing the funds.

History. Acts 1977, No. 560, § 4; 1985, No. 565, § 2; A.S.A. 1947, § 80-4904.

Publisher's Notes. Acts 1985, No. 565, § 1, provided that the purpose of the act was to authorize the Department of Higher Education to provide administrative assistance in the establishment of endowments or grants for scholarships, research, or other educational activities, or in the distribution of funds for such activities and to provide for the department to charge a minimal administrative fee acceptable to the department and the provider of the funds.

6-61-214. Review of existing degree programs — Minimum standards.

  1. In order to promote a coordinated system of higher education in Arkansas and to assure an orderly and effective development of each of the publicly supported institutions of higher education, the Arkansas Higher Education Coordinating Board shall have the power and duty to establish minimum standards of quality and cost effectiveness and review each existing academic degree program in the state institutions of higher education at least every ten (10) years but no more frequently than every seven (7) years.
    1. Such programs shall either be certified as having met established standards or placed on two-year probationary status.
    2. During the probationary period, at the request of the institution, the board shall provide guidance to the institutions in an attempt to qualify the programs to meet the minimum standards for quality and cost effectiveness.
  2. At the end of the two-year period, the board shall make recommendations to the institutions, the Governor, and the General Assembly concerning the continuation, termination, or extended probation of the program.
  3. General revenues shall not be expended for operation of degree programs beyond the deadline set by the board without the specific approval of the General Assembly. The deadline shall coincide with the end of the biennium.

History. Acts 1977, No. 560, § 4; A.S.A. 1947, § 80-4904; Acts 1989, No. 397, § 3.

6-61-215. Student tuition and fees — Reporting.

Annually, by July 1, the Division of Higher Education shall report the tuition and mandatory fees charged to students, including all changes to tuition and mandatory fees, for each state-supported institution of higher education to the House Committee on Education and the Senate Committee on Education.

History. Acts 1977, No. 560, § 4; A.S.A. 1947, § 80-4904; Acts 2015, No. 700, § 1; 2019, No. 910, § 1970.

Amendments. The 2015 amendment rewrote the section heading and the section.

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education”.

Case Notes

Foreign Students.

Student with certification for F-1 nonimmigrant status held not to be an Arkansas resident for in-state tuition purposes. Hein v. Ark. State Univ., 972 F. Supp. 1175 (1997).

Residence.

Pursuant to this section, the Department of Higher Education has promulgated rules defining in-state versus out-of-state students; the residency requirements include a six-month continuous presence in the State, coupled with an intent to make Arkansas one's permanent home. Hein v. Ark. State Univ., 972 F. Supp. 1175 (1997).

6-61-216. Transfer students.

  1. In order to promote a coordinated system of higher education in Arkansas and to assure an orderly and effective development of each of the publicly supported institutions of higher education, the Arkansas Higher Education Coordinating Board shall have the power and duty to develop, with the assistance of institutional advisory committees, policies for transfer students from community colleges to senior institutions, for transfer of students among institutions of the same type, and for transfer of students from vocational and technical schools to other institutions.
  2. These policies should be a part of the comprehensive master plan and should receive review from appropriate citizens throughout the state prior to adoption by the board for their recommendation to the boards of trustees of institutions.

History. Acts 1977, No. 560, § 4; A.S.A. 1947, § 80-4904.

6-61-217. Minimum core courses for college prep.

  1. In order to promote a coordinated system of higher education in Arkansas and to assure an orderly and effective development of each state-supported institution of higher education, the Arkansas Higher Education Coordinating Board, after consultation with the State Board of Education, shall identify a minimum core of high school courses recommended for preparation for college.
  2. The Arkansas Higher Education Coordinating Board shall communicate this information at least annually to public school superintendents, who shall make copies available each year to public school students enrolled in grades seven through twelve (7-12).
  3. The Arkansas Higher Education Coordinating Board may revise the list of high school courses from time to time, as needed.

History. Acts 1989, No. 98, § 1; 2011, No. 981, § 16.

Amendments. The 2011 amendment substituted “state-supported institution” for “of the publicly supported institutions” in (a); and substituted “Arkansas Higher Education Coordinating Board” for “board” in (b) and (c).

6-61-218. Minimum college core — Transferability.

To promote a coordinated system of higher education in Arkansas and to assure an orderly and effective development of each of the state-supported institutions of higher education, the Arkansas Higher Education Coordinating Board shall establish in consultation with state-supported institutions of higher education a minimum core of courses which shall apply toward the general education core curriculum requirements for associate and baccalaureate degrees at state-supported institutions of higher education and which shall be fully transferable among all state-supported institutions of higher education.

History. Acts 1989, No. 98, § 2; 2011, No. 747, § 1.

Amendments. The 2011 amendment substituted the first occurrence of “state-supported” for “publicly supported,” “state-supported institutions of higher education” for “the colleges and universities,” “associate and baccalaureate degrees” for “baccalaureate degrees,” and “among all state-supported institutions of higher education” for “between state institutions.”

6-61-219. [Repealed.]

Publisher's Notes. This section, concerning the annual faculty performance review, was repealed by Acts 1999, No. 477, § 1. The section was derived from Acts 1989, No. 244, § 1; 1995, No. 465, § 1. For present law, see § 6-63-104.

6-61-220. Retention and graduation rate information.

    1. Accurate information about the retention and graduation rates of students at state-supported colleges and universities is needed in order for the Arkansas Higher Education Coordinating Board, institutional boards of trustees, the General Assembly, and institutional faculty members and administrators to make informed decisions related to the coordination, governance, financing, and academic policies of higher education in Arkansas.
    2. Special attention to the retention and graduation rates of students who participate in intercollegiate athletics is needed because the percentage of student athletes who graduate is lower than for students who do not participate in athletics at many institutions throughout the nation.
      1. The Division of Higher Education, in consultation with the colleges and universities, shall recommend a system for the collection of information as to the retention and graduation rates of students at state-supported colleges and universities to the board, the Governor, the House Committee on Education, the Senate Committee on Education, and the colleges and universities.
      2. In addition to retention and graduation rates for all students, the report shall also include the retention and graduation rates of all students who participate in intercollegiate athletics.
    1. Except as provided in subsection (c) of this section, officials of state colleges and universities shall provide to the division the information requested by the division by December 1 of each year, beginning in 2000.
      1. For the purpose of analysis by the Bureau of Legislative Research to guide the General Assembly's evaluation of the need for adjustments to eligibility and funding levels for state-supported student financial assistance, the Office of Accountability shall provide annually to the bureau all individual student demographic and test result data on ACT or ACT-equivalent college placement exams.
      2. The office shall provide the data in a database or spreadsheet format that omits personally identifiable information.
    1. Subject to an adequate appropriation for the personnel and equipment necessary to implement the system recommended under subdivision (b)(1) of this section, the division shall collect the information described in subdivision (b)(1) of this section and report its findings to the board, the Governor, the House Committee on Education, the Senate Committee on Education, and the colleges and universities by May 1 of each year, beginning in 2000.
    2. Notwithstanding the provisions of subdivision (c)(1) of this section, colleges and universities shall commence the collection of information as to the retention and graduation rates of all students who participate in intercollegiate athletics beginning in the fall semester of 1989 and shall report this information to the division by December 1 of each year, beginning in 2000.
  1. The board is hereby authorized to promulgate rules consistent with the intent and purpose of this section.

History. Acts 1989, No. 267, §§ 1, 2; 1999, No. 478, § 7; 2009, No. 605, § 8; 2009, No. 606, § 8; 2019, No. 315, § 366; 2019, No. 910, § 1971.

Amendments. The 2009 amendment by identical acts Nos. 605 and 606 inserted (b)(3).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (d).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (b)(1)(A); substituted “division” for “department” in (b)(2) twice, (c)(1), and (c)(2); and substituted “Division of Elementary and Secondary Education” for “Department of Education” following “Office of Accountability of the” in (b)(3)(A).

6-61-221. Reporting of graduates requiring postsecondary remediation.

    1. The Division of Higher Education shall collect information necessary to prepare reports of college achievement of high school graduates from each state-supported institution of higher education.
    2. The Division of Higher Education may contract with appropriate organizations for the preparation of the reports.
  1. The Division of Higher Education and the Office of Accountability shall work together to develop a compatible system of reporting the number of:
    1. Students who required remediation during their first year of enrollment in a state-supported institution of higher education if the enrollment occurred within two (2) years of graduation from a secondary school in this state;
    2. Students who required remediation and who graduated:
      1. With a 3.0 or higher grade point average on a 4.0 scale; and
      2. From a public high school after completing the:
        1. Program of the minimum core of high school courses recommended for preparation for postsecondary education by the Arkansas Higher Education Coordinating Board and the State Board of Education pursuant to § 6-61-217, known as “Smart Core”; or
        2. Non-Smart Core curriculum; and
    3. Attempts it takes a student to pass a postsecondary remedial course, beginning in the 2011-2012 school year.
    1. The compilation report generated by the Division of Higher Education shall not include individual student information if the information is reported in a manner that would identify a particular student.
    2. Any information gathered that identifies a particular student shall be confidential.
    1. The Division of Higher Education shall include the reports developed under this section annually in the Comprehensive Arkansas Higher Education Annual Report and provide an electronic copy to the:
      1. Division of Elementary and Secondary Education;
      2. Division of Career and Technical Education;
      3. Arkansas Higher Education Coordinating Board;
      4. Governor;
      5. House Committee on Education;
      6. Senate Committee on Education;
      7. State Board of Education; and
      8. School district administrators for each public high school.
    2. The reports developed under this section shall be prepared on or before October 1 each year and include the cost of remediation for each state-supported institution of higher education, which shall be submitted to the Division of Higher Education according to standards developed by the Division of Higher Education and shall include for each state-supported institution of higher education:
      1. The amount of institutional revenue spent on remediation;
      2. The total general revenue subsidy spent on remediation;
      3. The total institutional expenditure for remediation; and
      4. The general revenue percentage of total expenditures for remediation.
    3. The report required under this subsection shall be separate from the financial condition report required under § 6-61-222.

History. Acts 1991, No. 880, § 1; 1999, No. 508, § 4; 2009, No. 970, § 1; 2011, No. 696, § 2; 2019, No. 256, § 2; 2019, No. 910, § 1972.

Amendments. The 2009 amendment rewrote the section.

The 2011 amendment subdivided part of (d)(1) as (d)(1) through (d)(1)(G); substituted “include the reports developed under this section annually in the Comprehensive Arkansas Higher Education Annual Report and provide an electronic copy” for “provide the reports” in the introductory paragraph of (d)(1); added (d)(1)(H); rewrote (d)(2); and added (d)(3).

The 2019 amendment by No. 256 substituted “financial condition report” for “uniform reporting standards report” in (d)(3).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” throughout the section; substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (b) following “Office of Accountability of the” and in (d)(1)(A); and substituted “Division of Career and Technical Education” for “Department of Career Education” in (d)(1)(B).

6-61-222. Financial condition report.

    1. The Division of Higher Education shall prepare a financial condition report, which shall include without limitation the information required under subdivision (b)(1) of this section.
    2. The financial condition report prepared under subdivision (a)(1) of this section shall be subject to biennial review by the Arkansas Higher Education Coordinating Board, the House Committee on Education, and the Senate Committee on Education.
    3. The board may promulgate rules necessary for the implementation of this section and shall report to the House Committee on Education and the Senate Committee on Education the failure of an institution to comply with this section.
    1. On a date determined by the division, each state-supported institution of higher education shall submit annually the following information for inclusion in the financial condition report required under subdivision (a)(1) of this section:
      1. Expenditures per full-time equivalent student by function, which includes without limitation:
        1. Instruction;
        2. Research;
        3. Public service;
        4. Academic support;
        5. Student services;
        6. Institutional support;
        7. Operating and maintenance of plant; and
        8. Scholarships and fellowships;
      2. Operating margins and education and general revenue fund balances;
      3. Net tuition and fee income;
      4. Faculty salaries;
      5. Institutional scholarship expenditures;
      6. Deferred and critical maintenance needs as determined by the facilities audit program;
      7. Auxiliary enterprise expenditures;
      8. Intercollegiate athletics revenues and expenditures;
      9. Bonds and loans that are reviewed for economic feasibility;
      10. Gross tuition and fee income;
      11. Gross direct state income;
      12. Gross federal income; and
      13. Any other information requested by the division or the board.
    2. The board shall review the financial condition report required under subdivision (a)(1) of this section and submit it to the House Committee on Education and the Senate Committee on Education by January 15 of each odd-numbered year.
  1. The board may establish standards to report other information that may be required to meet other state or federal statutory or regulatory requirements.

History. Acts 1993, No. 376, §§ 1, 2; 1993, No. 537, §§ 1, 2; 1995, No. 392, § 1; 1997, No. 112, §§ 15, 16; 1999, No. 523, § 1; 2011, No. 696, § 3; 2019, No. 256, § 3; 2019, No. 315, § 367; 2019, No. 910, § 1973.

A.C.R.C. Notes. The amendment of subdivision (a)(3)(B) of this section by Acts 2019, No. 910, § 1973 was superseded by the amendment of this section by Acts 2019, No. 256. The amendment by Acts 2019, No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in former (a)(3)(B).

Amendments. The 2011 amendment added (d).

The 2019 amendment by No. 256 substituted “Financial condition report” for “Uniform reporting standards” in the section heading; and rewrote the section.

The 2019 amendment by No. 315 deleted “or regulations” following “rules” in (a)(4) [now (a)(3)].

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (a)(3)(B).

6-61-223. [Repealed.]

Publisher's Notes. This section, concerning the funding formula used by the Arkansas Higher Education Coordinating Board, was repealed by Acts 2011, No. 1203, § 1. The section was derived from Acts 1997, No. 1059, § 15.

6-61-224. [Repealed.]

Publisher's Notes. This section, concerning the funding formula, was repealed by Acts 2017, No. 148, § 3. The section was derived from Acts 1997, No. 1211, § 25; 2011, No. 1203, § 2.

6-61-225. [Repealed.]

Publisher's Notes. This section, concerning creation of a statewide comprehensive transfer policy, was repealed by Acts 2011, No. 747, § 2. The section was derived from Acts 2005, No. 672, § 1.

6-61-226. Guidelines for course review.

    1. Arkansas public colleges and universities shall submit to the Arkansas Higher Education Coordinating Board an application for courses to be included in the state minimum core curriculum.
    2. Courses shall be reviewed and recommended by a peer review project team established in the discipline.
      1. The Division of Higher Education shall establish peer review project teams composed of faculty members of Arkansas universities and two-year colleges.
        1. The peer review project team for each discipline shall include no fewer than four (4) faculty members equally divided between two-year and four-year institutions who teach in the discipline.
        2. Members shall be appointed by a majority vote of the Executive Council.
      1. The peer review project team for each discipline shall review and recommend to the division courses in the applicable discipline to be recommended to the board for inclusion in the curriculum.
        1. Courses not receiving a recommendation by the peer review project team shall receive from the peer review project team suggested improvements or revisions for the course or its application.
        2. Colleges and universities may resubmit course applications to the peer review project team if the original application is not recommended to the board after appropriate adjustments have been made based on the suggested improvements or revisions from the peer review project team.

History. Acts 2005, No. 672, § 2; 2019, No. 910, §§ 1974, 1975.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (b)(1)(A); and substituted “division” for “department” in (b)(2)(A).

6-61-227. Annual transfer credit report.

All public institutions of higher education and any participating private institutions of higher education shall file a report annually with the Division of Higher Education identifying the number of students who requested transfer credit for a completed course in the state minimum core curriculum but were not given credit.

History. Acts 2005, No. 672, § 3; 2019, No. 910, § 1976.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education”.

6-61-228 — 6-61-230. [Repealed.]

Publisher's Notes. These sections, concerning the creation of the funding formula model for universities, the funding formula for two-year colleges, and review of funding formulas, were repealed by Acts 2017, No. 148, §§ 4-6. The sections were derived from the following sources:

6-61-228. Acts 2005, No. 1429, § 1; 2009, No. 797, §§ 1-4; 2011, No. 1203, §§ 3, 4; 2015, No. 978, § 42.

6-61-229. Acts 2005, No. 1760, § 1; 2007, No. 591, § 1; 2011, No. 1203, §§ 5, 6.

6-61-230. Acts 2005, No. 1760, § 2; 2007, No. 827, § 119; 2011, No. 1203, § 7.

6-61-231. Statewide transfer agreement — Definitions.

  1. As used in this section:
    1. “Designated transfer degree” means one (1) of the following associate degrees that is eligible for the full transfer under this section of credits earned and hours completed:
      1. Associate of arts;
      2. Associate of science; or
      3. Associate of arts in teaching;
    2. “Lower-division credits” means freshman and sophomore level course credits;
    3. “Public institution of higher education” means an Arkansas state-supported two-year or four-year college or university;
      1. “State minimum core curriculum” means sixty (60) semester hours of lower-division coursework that include the thirty-five-hour general education core, major program prerequisites, and elective requirements that satisfy the requirements of an associate of arts degree, an associate of science degree, an associate of arts in teaching degree, and selected baccalaureate degrees at all public institutions of higher education as determined by the Arkansas Higher Education Coordinating Board.
      2. The board, in collaboration with state-supported institutions of higher education, shall select the baccalaureate degree programs of study that shall be included in the state minimum core curriculum based on the demand for the program of study, both in terms of the number of students enrolled in the program of study and the need for students to enroll in a program of study to meet the economic development needs of the state.
      3. The completed state minimum core curriculum may vary for each student depending on his or her program of study; and
    4. “Transfer student” means a student transferring from a completed designated transfer degree program or a completed state minimum core curriculum to a baccalaureate program at a four-year public institution of higher education.
    1. The purpose of this section is to eliminate obstacles to transfers of credits among public institutions of higher education in Arkansas by providing a seamless transfer of academic credits from a completed designated transfer degree program or a completed state minimum core curriculum to a baccalaureate degree program without the loss of earned credits and without the receiving public institution of higher education requiring additional lower-division general education credits.
    2. All public institutions of higher education shall provide comprehensive academic advising to all students regarding transfer options available under this section.
  2. The board shall develop a statewide transfer agreement that:
    1. Designates the following as transfer degrees at public institutions of higher education in Arkansas:
      1. Associate of arts;
      2. Associate of science; and
      3. Associate of arts in teaching;
    2. Requires a four-year public institution of higher education to accept all hours completed and credits earned for a designated transfer degree or a completed state minimum core curriculum upon a student's transfer to a baccalaureate degree program at the four-year public institution of higher education;
    3. Contains the transfer curriculum for each designated transfer degree that is approved by the board under subsection (d) of this section;
      1. Requires a four-year public institution of higher education to admit a transfer student to junior status in a baccalaureate degree program at the four-year public institution of higher education.
        1. A four-year public institution of higher education receiving a transfer student shall not require additional lower-division credits for the transfer student if the additional course is considered a general education lower-division course.
        2. The receiving four-year public institution of higher education only may require the additional lower-division course if the additional lower-division course is:
          1. A prerequisite for courses in the transfer student's baccalaureate degree program;
          2. A discipline-specific course that is required by the transfer student's baccalaureate degree program and the student has not completed a course at the two-year public institution of higher education that is comparable to the discipline-specific course at the four-year public institution of higher education in the Arkansas Course Transfer System; or
          3. A requirement of an independent licensing or accrediting body.
      2. This subsection does not remove the requirement that a transfer student must meet total baccalaureate degree program credit-hour and course requirements in order to be eligible for a baccalaureate degree.
      3. The receiving four-year public institution of higher education shall determine whether to accept a grade of “D” for academic course credit for a student transferring from a public institution of higher education; and
      1. Allows public institutions of higher education to develop transfer guidelines and articulation agreements for degree programs not otherwise covered under this section.
      2. Transfer guidelines are only for the purpose of student advising and do not exempt a four-year public institution of higher education from the requirements of subdivision (c)(4) of this section.
    1. The board, with the assistance and cooperation of the public institutions of higher education, shall develop:
      1. A transfer curriculum for each designated transfer degree;
      2. Policies and procedures for reviewing and updating the statewide transfer agreement; and
        1. Policies and procedures for the Division of Higher Education to collect data from public institutions of higher education to ensure that:
          1. All public institutions of higher education comply with this section; and
          2. The statewide transfer agreement is fostering both a seamless transfer process and the academic success of transfer students at Arkansas public institutions of higher education.
        2. The division shall determine annually the data to be collected and shall establish by rule the procedures for a public institution of higher education to provide the data requested.
    2. The board, in collaboration with public institutions of higher education and faculty advisory panels of public institutions of higher education, shall identify:
      1. Degree programs offered by public institutions of higher education;
      2. Postsecondary career education programs offered by two-year public institutions of higher education, including those designated as college-credit courses applicable toward a certificate or degree;
      3. Courses that meet the thirty-five-hour general education core requirements within the subject areas of communication, mathematics, social sciences, humanities, and natural sciences that shall be accepted at all public institutions of higher education as general education courses;
      4. Lower-division courses offered by four-year public institutions of higher education accepted for credit toward a degree and identify those courses as either general education or required as a prerequisite for a degree; and
        1. Common prerequisite courses and course substitutions for degree programs across all public institutions of higher education.
        2. Required thirty-five-hour general education core courses shall be offered and accepted by all public institutions of higher education.
    3. All public institutions of higher education shall collaborate to form four-year faculty advisory panels and two-year faculty advisory panels that recommend major program prerequisites, course substitutions, and elective requirements for programs of study that shall be included in the state minimum core curriculum.
    1. The board shall publish an internet-based student manual that identifies the state minimum core curriculum and describes how the state minimum core curriculum transfers to other public institutions of higher education within Arkansas.
    2. General information concerning the state minimum core curriculum, including the web-page link, shall be published in all versions of course catalogs of all public institutions of higher education.
    1. The state minimum core curriculum shall be fully implemented no later than July 1, 2012.
    2. A public institution of higher education that is not in full compliance with this section shall not be eligible to accept state aid from the Higher Education Grants Fund Account on behalf of a student.
  3. A not-for-profit institution of higher education may participate in the statewide transfer agreement if the not-for-profit institution of higher education is:
    1. Accredited by a national or regional accrediting entity;
    2. Certified by the board; and
    3. Recognized by the United States Department of Education as eligible to receive Title IV financial aid funding under the Higher Education Act of 1965, Pub. L. No. 89-329.

History. Acts 2009, No. 182, § 1; 2011, No. 747, § 3; 2015, No. 292, § 1; 2019, No. 910, §§ 1977, 1978.

Amendments. The 2011 amendment inserted present (a)(4) and redesignated former (a)(4) as (a)(5); and inserted “or a completed state minimum core curriculum” in (a)(5), (b)(1), and (c)(2); substituted “lower-division general education credits” for “lower division credits” in (b)(1); added (b)(2); substituted “The board” for “By January 1, 2010, the Arkansas Higher Education Coordinating Board” in (c); deleted “(c)” following “This subsection” in (c)(4)(C); deleted “two-year” following “transferring from a” in (c)(4)(D); rewrote (c)(5); redesignated the introductory paragraph of (d) as present (d)(1) and redesignated the remaining subdivisions accordingly; inserted present (d)(2) and (3); and added (e) and (f).

The 2015 amendment added (g).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in the introductory language of (d)(1)(C)(i); and substituted “division” for “department” in (d)(1)(C)(ii).

6-61-232. Maximum semester hours required for a degree program.

    1. An associate degree program shall require no more than sixty (60) semester hours of lower-division college credit, which may be satisfied by completing the state minimum core curriculum under § 6-61-231.
    2. An associate degree program may require more than sixty (60) semester hours of lower-division college credit if prior approval has been granted by the board of trustees of the state-supported institution of higher education and the Arkansas Higher Education Coordinating Board.
    1. A baccalaureate degree program shall require no more than one hundred twenty (120) semester hours of college credit, which shall include the state minimum core curriculum under § 6-61-231.
    2. A baccalaureate degree program may require more than one hundred twenty (120) semester hours of college credit if:
      1. Prior approval has been granted by the board of trustees of the state-supported four-year institution of higher education and the Arkansas Higher Education Coordinating Board; or
      2. It is a requirement of an independent licensing or accrediting body.
  1. All required coursework shall count toward the associate of arts degree, associate of science degree, associate of arts in teaching degree, or selected baccalaureate degrees.

History. Acts 2011, No. 747, § 4.

6-61-233. [Repealed.]

Publisher's Notes. This section, concerning funding formula implementation, was repealed by Acts 2017, No. 148, § 7. The section was derived from Acts 2013, No. 1397, § 44.

6-61-234. Productivity-based funding model.

      1. The Arkansas Higher Education Coordinating Board shall adopt policies developed by the Division of Higher Education necessary to implement a productivity-based funding model for state-supported institutions of higher education.
      2. The board shall adopt separate policies for two-year institutions of higher education and four-year institutions of higher education.
    1. The policies adopted to implement a productivity-based funding model for state-supported institutions of higher education shall contain measures for effectiveness, affordability, and efficiency that acknowledge the following priorities:
      1. Differences in institutional missions;
      2. Completion of students' educational goals;
      3. Progression toward students' completion of programs of study;
      4. Affordability through:
        1. On-time completion of programs of study;
        2. Limiting the number of excess credits earned by students; and
        3. Efficient allocation of resources;
      5. Institutional collaboration that encourages the successful transfer of students;
      6. Success in serving underrepresented students; and
      7. Production of students graduating with credentials in science, technology, engineering, mathematics, and high-demand fields.
    2. The productivity-based funding model shall not determine the funding needs of special units such as a medical school, a division of agriculture, or system offices.
  1. The productivity-based funding model shall be:
    1. Used to align institutional funding with statewide priorities for higher education by:
      1. Encouraging programs and services focused on student success; and
      2. Providing incentives for progress toward statewide goals; and
    2. Built around a set of shared principles that:
      1. Are embraced by state-supported institutions of higher education;
      2. Employ appropriate productivity metrics; and
      3. Are aligned with goals and objectives for postsecondary education attainment in this state.
    1. The board shall use the productivity-based funding model as the mechanism for recommending funding for state-supported institutions of higher education.
    2. The board shall recommend funding for:
      1. State-supported institutions of higher education as a whole; and
      2. The allocation of funding to each state-supported institution of higher education.
    3. The board shall make separate recommendations for two-year institutions of higher education and four-year institutions of higher education.
  2. Funds unallocated to state-supported institutions of higher education due to productivity declines shall be reserved by the division to address statewide needs in higher education.
  3. The division shall review the policies every five (5) years to ensure the productivity-based funding model continues to respond to the needs and priorities of the state.
  4. In any fiscal year for which the aggregate general revenue funding forecast to be available for state-supported institutions of higher education is greater than two percent (2%) less than the amount provided for the immediate previous fiscal year, the division shall not further implement the productivity-based funding model until the following fiscal year.

History. Acts 2017, No. 148, § 1; 2019, No. 910, §§ 1979, 1980.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a)(1)(A); and substituted “division” for “department” in (d) through (f).

Subchapter 3 — Establishment and Expansion

Effective Dates. Acts 1977, No. 560, § 30: Mar. 21, 1977. Emergency clause provided: “It has been found and is hereby determined by the General Assembly that comprehensive planning for post-secondary education in Arkansas must be given greater emphasis. Further delay would possibly affect the educational opportunities available to citizens of the State and the quality of these opportunities. Therefore, an emergency is declared to exist, and this Act, being necessary for the preservation of the public peace, health and safety, shall be in effect from and after its passage and approval.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 1473, § 74: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act includes technical corrects to Act 923 of 2003 which establishes the classification and compensation levels of state employees covered by the provisions of the Uniform Classification and Compensation Act; that Act 923 of 2003 will become effective on July 1, 2003; and that to avoid confusion this act must also effective on July 1, 2003. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Acts 2017, No. 565, § 29: Mar. 22, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act will create more efficient regulation of private career education; and that this act is immediately necessary to provide Arkansas citizens seeking private career education the consumer protection services they need. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Am. Jur. 15A Am. Jur. 2d, Colleges & U., § 3.

C.J.S. 14A C.J.S., Colleges & U., §§ 4, 5.

6-61-301. Incorporation generally.

      1. An individual shall incorporate under the applicable laws of the state and receive certification from the Arkansas Higher Education Coordinating Board before offering educational coursework leading to a degree or before establishing a postsecondary educational institution unless the institution is a:
        1. State-supported institution of higher education;
        2. School under § 6-51-601 et seq.;
        3. School exempt from this subchapter; or
        4. School regulated by the Cosmetology Technical Advisory Committee.
      2. A postsecondary education institution located in another state first shall obtain certification from the Arkansas Higher Education Coordinating Board before offering a course or degree in this state unless the institution is a:
        1. School under § 6-51-601 et seq.;
        2. School exempt from this subchapter; or
        3. School regulated by the Cosmetology Technical Advisory Committee.
      3. A postsecondary education institution in this state shall first obtain certification from the Arkansas Higher Education Coordinating Board before offering courses that lead to a degree that is customarily granted by colleges or universities.
    1. State-supported vocational and technical schools, institutions covered under § 6-51-601 et seq., or institutions regulated by the Cosmetology Technical Advisory Committee shall obtain approval for programs in which a degree could be granted from both the Arkansas Higher Education Coordinating Board and the State Board of Education.
    2. Nonpublic, not-for-profit colleges and universities currently incorporated, recognized by the Arkansas Higher Education Coordinating Board as Arkansas independent institutions of higher education, and operating under the applicable laws of this state shall not be required to receive certification from the Arkansas Higher Education Coordinating Board or to receive licensure from the Division of Higher Education under § 6-51-601 et seq.
    1. The Arkansas Higher Education Coordinating Board shall establish the criteria required for certification and may promulgate rules to carry out the provisions of this chapter.
    2. The Arkansas Higher Education Coordinating Board shall not grant certification to an individual or postsecondary education institution under subdivision (a)(1) of this section unless the individual or postsecondary education institution is:
      1. Accredited by an entity recognized by the United States Department of Education;
      2. Accredited by an entity recognized by the Council for Higher Education Accreditation;
      3. A candidate for accreditation from an entity recognized by the United States Department of Education or the Council for Higher Education Accreditation during the institutional planning and development period; or
      4. An applicant for accreditation from an entity recognized by the United States Department of Education or the Council for Higher Education Accreditation during the institutional planning and development application process.
  1. An individual or postsecondary institution that operates in the state without certification from the Arkansas Higher Education Coordinating Board as required under subsection (a) of this section shall be guilty of a Class B misdemeanor.
    1. To secure legal existence by act of incorporation, the individuals desiring to become a corporation as trustees of a college, university, or other postsecondary institution shall prepare a charter for the proposed institution and shall present the charter to the Arkansas Higher Education Coordinating Board.
    2. If the Arkansas Higher Education Coordinating Board determines that the charter is in accordance with the provisions of the laws of the State of Arkansas and the rules of the Arkansas Higher Education Coordinating Board, the Arkansas Higher Education Coordinating Board shall issue to the trustees a certificate appended to a copy of the charter with the Great Seal of the State of Arkansas attached.
    3. The certificate shall state that the accompanying charter is granted to the trustees, that they have complied with the provisions of law, and that they are thereby constituted the board of directors of that institution and invested with all powers prescribed in the charter.
    4. A copy of the charter and certificate shall be filed with the Secretary of State and recorded by him or her in a book to be kept for the purpose.
    5. The Arkansas Higher Education Coordinating Board shall have the power, after giving thirty (30) days' notice in writing to the trustees to show cause why such action should not be taken, to revoke any certification issued by the Arkansas Higher Education Coordinating Board whenever the Arkansas Higher Education Coordinating Board shall find, after proper investigation, that the institution is conferring degrees or diplomas without requiring sufficient work therefor or is in violation of any of the provisions of the laws of this state or the rules of the Arkansas Higher Education Coordinating Board relative thereto.

History. Acts 1911, No. 375, § 9; 1975, No. 903, §§ 1-6; 1977, No. 560, § 5; A.S.A. 1947, § 80-4905; Acts 2005, No. 1994, § 388; 2011, No. 205, § 2; 2017, No. 565, § 21; 2019, No. 315, § 368; 2019, No. 910, § 1981.

Amendments. The 2011 amendment rewrote (a) and present (b)(1); inserted (b)(2); and rewrote (c).

The 2017 amendment substituted “Department of Higher Education under § 6-51-601 et seq.” for “Arkansas State Board of Private Career Education” at the end of (a)(3).

The 2019 amendment by No. 315 substituted “rules” for “regulations” in (d)(5).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (a)(3).

Case Notes

Exceptions to Certification Requirements.

Writ of mandamus was properly denied where a church and its affiliated university sought an exception from the certification requirements of the Arkansas Department of Higher Education, as the church could have brought a declaratory action to determine whether or not the exception for programs that were predominantly religious in nature applied, and that was a determination for the Arkansas Higher Education Coordinating Board. Axley v. Hardin, 353 Ark. 529, 110 S.W.3d 766 (2003).

6-61-302. Incorporation and certification — Advisory committee.

  1. To assist the Arkansas Higher Education Coordinating Board in its responsibilities regarding incorporation and certification of postsecondary educational institutions, the board shall appoint an advisory committee.
  2. The advisory committee shall include:
    1. Two (2) nonpublic postsecondary education institution chief administrators;
    2. Two (2) public postsecondary education institution chief administrators;
    3. Two (2) chief administrators of proprietary schools that are licensed under § 6-51-601 et seq.;
    4. The Director of the Division of Career and Technical Education or his or her designated representative; and
    5. Two (2) legal residents of the state who are not officially affiliated with any postsecondary institution in any state as an employee or board member or in any other capacity.
  3. The members shall serve nine-year terms.
  4. Members shall serve without compensation but may be reimbursed for expenses in accordance with § 25-16-901 et seq.

History. Acts 1975, No. 903, § 4; 1977, No. 560, § 5; A.S.A. 1947, § 80-4905; Acts 1997, No. 250, § 26; 2003, No. 1473, § 6; 2019, No. 910, § 1982.

Amendments. The 2019 amendment substituted “Division of Career and Technical Education” for “Department of Career Education” in (b)(4).

6-61-303. Expansion of institutions.

  1. The General Assembly recognizes the necessity of the state having an orderly and planned system of higher education and determines that the Arkansas Higher Education Coordinating Board should establish reasonable and necessary criteria and factors to be used in determining and controlling the expansion of existing state-supported institutions of higher education and community college programs, in order to prevent an overextension of the state's resources or unnecessary duplication of programs or facilities.
    1. The board is authorized to promulgate and adopt reasonable rules, criteria, guidelines, and standards to be followed by the respective state-supported institutions of higher education and to be applied by the board with respect to the planning, establishment, location, or development of any branch campus of the existing state-supported institutions of higher education or community colleges.
    2. The standards, rules, criteria, and guidelines shall be developed and approved after public hearings held by the board in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
    3. Upon the development and adoption thereof, the standards, rules, criteria, and guidelines shall be followed by the board in reviewing, rejecting, or approving the establishment and location of all future branch campuses of existing state-supported institutions of higher education or community colleges.
    1. Each state-supported institution of higher education and community college desiring to establish a branch campus or program shall present to the board a request in writing to establish the branch campus or program, outlining the justifications and reasons therefor.
    2. The board shall review the application in accordance with the standards, rules, criteria, and guidelines promulgated by the board and may grant the application only if the establishment of a branch campus is within these guidelines and standards.
    3. If the board rejects the application, the institution shall not establish the branch campus or program.

History. Acts 1977, No. 560, § 6; A.S.A. 1947, § 80-4906; Acts 2019, No. 315, §§ 369, 370.

Amendments. The 2019 amendment deleted “regulations” following “rules” three times in (b); and deleted “and regulations” following “rules” in (c)(2).

6-61-304. Review of existing programs of higher education.

In order to provide for the orderly development, coordination, financing, and expansion of the higher education program of this state, the Division of Higher Education shall review the existing programs of higher education in this state and assist in the orderly development and expansion of higher education in this state in accordance with the procedures outlined in §§ 6-61-1016-61-103, 6-61-2016-61-209, 6-61-211 [repealed], 6-61-2126-61-216, 6-61-3016-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-5016-61-524, 6-61-6016-61-603 and 6-61-6046-61-612 [repealed].

History. Acts 1977, No. 560, § 1; A.S.A. 1947, § 80-4901; Acts 2019, No. 910, § 1983.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education”.

6-61-305. Encouragement of participation by private institutions.

The Division of Higher Education staff and the Arkansas Higher Education Coordinating Board shall invite and encourage the participation of private colleges and universities, proprietary schools, and all other postsecondary institutions in Arkansas in planning for the programs of education beyond high school.

History. Acts 1977, No. 560, § 27; A.S.A. 1947, § 80-4927; Acts 2019, No. 910, § 1984.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education”.

6-61-306. [Repealed.]

Publisher's Notes. This section, concerning the Occupational Education Advisory Committee, was repealed by Acts 1991, No. 343, § 10. The section was derived from Acts 1977, No. 560, § 26; A.S.A. 1947, § 80-4926.

Subchapter 4 — Grant Programs

Effective Dates. Acts 1977, No. 560, § 30: Mar. 21, 1977. Emergency clause provided: “It has been found and is hereby determined by the General Assembly that comprehensive planning for post-secondary education in Arkansas must be given greater emphasis. Further delay would possibly affect the educational opportunities available to citizens of the State and the quality of these opportunities. Therefore, an emergency is declared to exist, and this Act, being necessary for the preservation of the public peace, health and safety, shall be in effect from and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-61-401. State Student Incentive Grant Program.

  1. The Division of Higher Education, in accordance with policy established by the Arkansas Higher Education Coordinating Board, shall administer the federal State Student Incentive Grant Program.
    1. The board is authorized, empowered, and directed to prepare and submit an application for federal funds to support the State Student Incentive Grant Program under this federal act and, upon the approval thereof, to administer the program and otherwise to do, or cause to be done, all things and acts of every nature which are necessary or desirable:
      1. To meet and comply with all requirements of the federal act, regulations pursuant to the federal act, and regulations of the departments and agencies of the United States that administer the federal act;
      2. To administer the program; and
      3. To obtain and utilize or cause to be utilized all grants, funds, and benefits to which the State of Arkansas or students in attendance at state and private colleges and universities or other postsecondary institutions of education are entitled under the federal act.
    2. Specifically, but without limiting any other authority, powers, or duties as assigned in this section, the board is authorized, empowered, and directed to operate the program and to make and cancel grants to individual students according to rules of the board.
    1. Sections 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-211 [repealed], 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-501 — 6-61-524, 6-61-601 — 6-61-603, 6-61-604 — 6-61-612 [repealed] shall be liberally construed in order that the State of Arkansas and students in attendance at state and private colleges and universities and other postsecondary institutions of education which are entitled to benefits under the federal act may receive fully and promptly all benefits conferred and intended by the federal act and §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-211 [repealed], 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-501 — 6-61-524, 6-61-601 — 6-61-603 and 6-61-604 — 6-61-612 [repealed] and that the intended public benefits and purposes be achieved and accomplished.
    2. Sections 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-211 [repealed], 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-501 — 6-61-524, 6-61-601 — 6-61-603 and 6-61-604 — 6-61-612 [repealed] shall be liberally construed as being supplemental to any existing purposes and powers of the board in order that it may accomplish in the most expeditious and efficient manner the purposes and intent of the federal act for this state.

History. Acts 1977, No. 560, § 21; A.S.A. 1947, § 80-4921; Acts 2019, No. 315, § 371; 2019, No. 910, § 1985.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (b)(2).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (a).

U.S. Code. The State Student Incentive Grant Program referred to in this section is codified as 20 U.S.C. § 1070c et seq.

6-61-402. Contracts and cooperation with Southern Regional Education Board.

    1. The boards of trustees of the state-supported senior colleges and universities and the community colleges which presently exist and those which will be established are authorized to cooperate or enter into contracts with the Southern Regional Education Board in order that students from states comprising the Southern Regional Education Board area may attend Arkansas state-supported institutions through the Academic Common Market while paying the same level of student fees as an Arkansas resident.
    2. Participation shall be authorized only after the program of the Arkansas institution is classified as an uncommon program of the region by the Southern Regional Education Board staff and final approval is granted by the Arkansas Higher Education Coordinating Board.
  1. The Arkansas Higher Education Coordinating Board is authorized to cooperate, or enter into contracts, with the Southern Regional Education Board or institutions of higher education in order that Arkansas residents shall participate in uncommon programs in other states of the Southern Regional Education Board area through the Academic Common Market.
  2. The Division of Higher Education staff, at the direction of the Arkansas Higher Education Coordinating Board, is empowered to conduct necessary administrative duties in connection with this program.

History. Acts 1977, No. 560, § 22; A.S.A. 1947, § 80-4922; Acts 2019, No. 910, § 1986.

A.C.R.C. Notes. The Board of Control for Southern Regional Education referred to in this section also uses the name “Southern Regional Education Board”.

Acts 2013, No. 1397, § 41, provided: “SREB MINORITY DOCTORAL SCHOLARS PROGRAM REGULATIONS. The Department of Higher Education is authorized to promulgate rules and regulations for the administration of the Southern Regional Education Board (SREB) Minority Doctoral Scholars program.”

Acts 2014, No. 104, § 41, provided: “SREB MINORITY DOCTORAL SCHOLARS PROGRAM REGULATIONS. The Department of Higher Education is authorized to promulgate rules and regulations for the administration of the Southern Regional Education Board (SREB) Minority Doctoral Scholars program.”

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (c).

Cross References. Southern Regional Education Compact, § 6-4-101 et seq.

Subchapter 5 — Community Colleges Generally

A.C.R.C. Notes. References to “this subchapter” in §§ 6-61-5016-61-524 may not apply to §§ 6-61-5256-61-533 which were enacted subsequently.

Acts 1991, No. 595, § 10, provided:

“The Garland County Community College shall be exempt from the provisions of Arkansas Code 19-4-1707 to the extent that the Garland County Community College shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with the Garland County Community College does not exceed 25% of that required for a full-time employee.”

Acts 1991, No. 597, § 6, provided:

“The East Arkansas Community College shall be exempt from the provisions of Arkansas Code 19-4-1707 to the extent that the East Arkansas Community College shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with the East Arkansas Community College does not exceed 25% of that required for a full-time employee.”

Acts 1991, No. 598, § 10, provided:

“The Mississippi County Community College shall be exempt from the provisions of Arkansas Code 19-4-1707 to the extent that the Mississippi County Community College shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with the Mississippi County Community College does not exceed 25% of that required for a full-time employee.”

Acts 1991, No. 641, § 12, provided:

“The Northwest Arkansas Community College shall be exempt from the provisions of Arkansas Code 19-4-1707 to the extent that the Northwest Arkansas Community College shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with the Northwest Arkansas Community College does not exceed 25% of that required for a full-time employee.”

Acts 1991, No. 642, § 5, provided:

“The Phillips County Community College shall be exempt from the provisions of Arkansas Code § 19-4-1707 to the extent that the Phillips County Community College shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with the Phillips County Community College does not exceed 25% of that required for a full-time employee.”

Acts 1991, No. 1119, § 6 provided:

“The Westark Community College shall be exempt from the provisions of Arkansas Code 19-4-1707 to the extent that Westark Community College shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with Westark Community College does not exceed 25% of that required for a full-time employee.”

Acts 1991, No. 1122, § 11 provided:

“The North Arkansas Community College shall be exempt from the provisions of Arkansas Code 19-4-1707 to the extent that the North Arkansas Community College shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with the North Arkansas Community College does not exceed 25% of that required for a full time employee.”

Acts 2013, No. 1397, § 37, provided: “COOPERATION AGREEMENTS.

Any institution of Higher Education that has its main campus, satellite campus, or center located within a twenty five mile radius of any other main campus of an institution of higher education shall enter into a written agreement with that institution which must address duplication of services between the institutions.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 104, § 37, provided:

“COOPERATION AGREEMENTS. Any institution of Higher Education that has its main campus, satellite campus, or center located within a twenty five mile radius of any other main campus of an institution of higher education shall enter into a written agreement with that institution which must address duplication of services between the institutions.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 978, § 36, provided:

“COOPERATION AGREEMENTS. Any institution of Higher Education that has its main campus, satellite campus, or center located within a twenty five mile radius of any other main campus of an institution of higher education shall enter into a written agreement with that institution which must address duplication of services between the institutions.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 236, § 35, provided: “COOPERATION AGREEMENTS. Any institution of Higher Education that has its main campus, satellite campus, or center located within a twenty five mile radius of any other main campus of an institution of higher education shall enter into a written agreement with that institution which must address duplication of services between the institutions.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Effective Dates. Acts 1977, No. 560, § 30: Mar. 21, 1977. Emergency clause provided: “It has been found and is hereby determined by the General Assembly that comprehensive planning for post-secondary education in Arkansas must be given greater emphasis. Further delay would possibly affect the educational opportunities available to citizens of the State and the quality of these opportunities. Therefore, an emergency is declared to exist, and this Act, being necessary for the preservation of the public peace, health and safety, shall be in effect from and after its passage and approval.”

Acts 1989 (1st Ex. Sess.), No. 37, § 10: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1989 (1st Ex. Sess.), No. 48, § 9: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1989 (1st Ex. Sess.), No. 130, § 9: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1989 (1st Ex. Sess.), No. 203, § 10: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1989 (1st Ex. Sess.), No. 245, § 9: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1989 (1st Ex. Sess.), No. 252, § 13: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1989 (1st Ex. Sess.), No. 262, § 11: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1991, No. 641, § 13: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1991 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1991 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1992 (1st Ex. Sess.), No. 65, § 9: Mar. 20, 1992. Emergency clause provided: “It is hereby found and declared by the General Assembly that community college districts in this state have an immediate need to finance capital improvements and that existing laws must be clarified in order to insure the use of those laws to accomplish the same. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 307, § 12: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1993 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1993 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 1993, No. 765, § 13: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1993 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1993 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 1995, No. 70, § 9: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that changes in various accounting and expenditure provisions of the State are necessary in order to promote efficiency; and that the provisions of this Act provide such changes. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1995, No. 1349, § 5: became law without Governor's signature. Noted Apr. 19, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that any delay in the effective date of this act could work irreparable harm to the continuity of the 1995-96 academic year and, consequently, to students enrolled in community colleges throughout the state of Arkansas. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 2003, No. 683, § 4: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the failure to establish the Arkansas Heavy Equipment Operator Training Academy as a single-source academy under the South Arkansas Community College will result in the expiration of the academy's training program and in the academy's inability to finish training its currently enrolled students; that the Arkansas Constitution prohibits the appropriation of funds for more than a two (2) year period; that it is essential to the operation of the academy that this become effective on July 1, 2003; and that in the event of an extension of the Regular Session, a delay in the effective date of this act beyond July 1, 2003, could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Acts 2003, No. 1473, § 74: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act includes technical corrects to Act 923 of 2003 which establishes the classification and compensation levels of state employees covered by the provisions of the Uniform Classification and Compensation Act; that Act 923 of 2003 will become effective on July 1, 2003; and that to avoid confusion this act must also effective on July 1, 2003. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Acts 2005, No. 1010, § 2: Mar. 18, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the failure of the Arkansas Heavy Equipment Operator Training Academy as a single-source academy under the University of Arkansas at Monticello could result in the academy's inability to finish training its currently enrolled students; that the changes in this act are essential to the continued efficient operation of the academy. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 819, § 4: Apr. 2, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the failure of the Arkansas Heavy Equipment Operator Training Academy as a single-source academy under the University of Arkansas at Monticello could result in the academy’s inability to finish training its currently enrolled students; and that the changes in this act are immediately necessary for the continued efficient operation of the academy. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1480, § 117: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act makes various revisions to Arkansas election laws that are designed to improve the administration of elections and special elections and that these revisions should be implemented as soon as possible so that the citizens of this state may benefit from improved election procedures. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 1082, § 8: July 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2011 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2011 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2011.”

Acts 2011, No. 1185, § 21: Oct. 2, 2011.

Acts 2015, No. 955, § 5: Apr. 2, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there are pending mergers involving community colleges; that this act is necessary to facilitate the pending mergers of community colleges; and that this act is immediately necessary because the merger will be finalized before this act would become effective without an emergency clause. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 597, § 10: July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there is a need for uniform candidate filing and petition circulation periods; that if there is a delay in implementation, some candidate filing and petition circulation periods may be disrupted by the change in the middle of a candidate's campaign; and that this act should become effective before candidates begin circulating petitions and filing for candidacy in the 2019 November annual school elections. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Case Notes

Immunity.

Because Arkansas calls North Arkansas Community Technical College a State agency, allows for substantial local autonomy but provides ultimate state control, and — most importantly — funds the agency's general operations primarily from the State Treasury, the college is entitled to Eleventh Amendment immunity. Hadley v. North Ark. Cmty. Tech. College, 76 F.3d 1437 (8th Cir. 1996), cert. denied, 519 U.S. 1148, 117 S. Ct. 1080, 137 L. Ed. 2d 215 (1997).

6-61-501. Definitions.

As used in this section, §§ 6-61-5026-61-524, and 6-61-6016-61-603, unless the context otherwise requires:

  1. “Capital outlay expense” means those funds devoted to or required for the:
    1. Acquisition and improvement of land;
    2. Acquisition, construction, remodeling, alteration, addition, or enlargement of buildings or other structures; and
    3. Initial purchase of furniture, apparatuses, and other equipment;
  2. “Community college” means an educational institution established or to be established by one (1) or more counties or cities of this state offering a comprehensive program designed to serve the postsecondary educational needs of its district and the state including specifically, but without limitation, occupational programs of varying types and levels of difficulty, the first two (2) years of a baccalaureate degree, community service offerings, and student guidance and counseling services;
  3. “District” means the geographic area included within one (1) or more contiguous or noncontiguous counties or cities, or any described combination thereof, or any described contiguous area which may be in one (1) or more counties or parts of counties, participating in or intending to participate in the establishment and maintenance of a community college;
    1. “Local board” means the governing body of a community college established pursuant to the provisions of this section, §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-211 [repealed], 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-502 — 6-61-524, 6-61-601 — 6-61-603 and 6-61-604 — 6-61-612 [repealed].
    2. A local board for a community college may be the board of trustees of a four-year institution of higher education or the board of trustees of a university system in the case of a merger under § 6-61-520(e);
  4. “Operating expense” means those funds devoted to or required for the regular or ordinary expense of the college, including administrative, maintenance, and salary expenses, but excluding capital outlay expenses, student activity expenses, and expenses for intercollegiate athletics; and
  5. “State Community College Board” means the Arkansas Higher Education Coordinating Board.

History. Acts 1977, No. 560, § 7; A.S.A. 1947, § 80-4907; Acts 1991, No. 336, § 1; 1991, No. 354, § 1; 2015, No. 955, § 2.

Amendments. The 2015 amendment redesignated former (4) as (4)(A); and added (4)(B).

Cross References. Consolidations and mergers, § 6-60-102.

Case Notes

Cited: Hadley v. North Ark. Cmty. Tech. College, 76 F.3d 1437 (8th Cir. 1996).

6-61-502. Establishment authorized.

Pursuant to the authority granted by Arkansas Constitution, Amendment 52, there is authorized the establishment of community college districts to be formed, financed, and governed as provided in §§ 6-61-1016-61-103, 6-61-2016-61-209, 6-61-2116-61-216, 6-61-3016-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-5016-61-524, 6-61-6016-61-603, 6-51-6046-61-612 [repealed].

History. Acts 1977, No. 560, § 8; A.S.A. 1947, § 80-4908.

6-61-503. Millage tax.

  1. The tax authorized to be levied under Arkansas Constitution, Amendment 52, shall not exceed ten (10) mills on the taxable real and personal property of the district.
  2. The millage approved by the electors shall be a continuing levy until reduced as provided in §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-211 — 6-61-216, 6-61-301 — 6-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-501 — 6-61-524, 6-61-601 — 6-61-603 and 6-61-604 — 6-61-612 [repealed].

History. Acts 1977, No. 560, § 8; A.S.A. 1947, § 80-4908.

6-61-504. Division of Community Junior Colleges created.

The Director of the Division of Higher Education shall establish a separate Division of Community Junior Colleges within the Division of Higher Education.

History. Acts 1977, No. 560, § 19; A.S.A. 1947, § 80-4919; Acts 2019, No. 910, § 1987.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” twice.

6-61-505. State Community College Board.

  1. The Arkansas Higher Education Coordinating Board is authorized to act and shall act as the statewide coordinating board for the community colleges established in conformity with §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-401, 6-61-402, 6-61-501 — 6-61-524, and 6-61-601 — 6-61-603.
  2. When the Arkansas Higher Education Coordinating Board is acting as the State Community College Board, the Commissioner of Elementary and Secondary Education shall be an ex officio nonvoting member of that Arkansas Higher Education Coordinating Board.
  3. The State Community College Board shall have the following duties and powers:
      1. It shall function as the coordinating agency between the community colleges, the public schools, the universities, the state colleges, and the other educational institutions in Arkansas.
      2. In relation to the senior institutions of the state, it shall work with them and with the community colleges to develop the criteria for transfer of credits of students entering senior institutions from community colleges;
      1. It shall set forth the criteria in conformity with, but not limited to, the provisions of §§ 6-61-507 and 6-61-510 — 6-61-519 for the establishment of community college districts.
      2. In addition to the specific requirements set forth in §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-401, 6-61-402, 6-61-501 — 6-61-524, and 6-61-601 — 6-61-603, the criteria shall provide for the size and location of sites for the proposed community college, the nature and extent of the program, and the size and type of buildings required;
    1. It shall develop objective criteria for the determination of the requirements in § 6-61-508;
    2. It shall upon request of a citizens' group develop a tentative budget to determine the annual cost of the operation;
    3. It shall act in an advisory capacity concerning changes and expansion of the overall program for community colleges and the program for each community college;
    4. It shall develop a uniform budget format and accounting and reporting procedures to be used by all community colleges;
    5. It shall, with the Legislative Joint Auditing Committee, determine that state funds are used in conformity with the grants of the funds; and
        1. It shall develop criteria for determining if an institution is adequately comprehensive.
        2. In developing criteria to determine if an institution is adequately comprehensive, the State Community College Board shall require that each community college fulfill all aspects of the definition of a community college as contained in § 6-61-501 and shall specifically provide for occupational programs that do not require academic transfer courses for completion.
      1. It must make an annual determination, and may do so more often, as to whether each community college is adequately comprehensive or is becoming adequately comprehensive.
      2. If it is determined that any community college is not adequately comprehensive and is not becoming adequately comprehensive, that institution shall not be eligible for state funds until it has corrected the deficiencies and has received a favorable determination by the State Community College Board.
  4. In furtherance of the purposes of §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-401, 6-61-402, 6-61-501 — 6-61-524, and 6-61-601 — 6-61-603 and in addition to the powers and duties vested in the State Community College Board, the State Community College Board shall have authority to make agreements with agencies of this state, the United States Government, and political subdivisions of this state, and their institutions and agencies, not inconsistent with the Arkansas Constitution and laws of the State of Arkansas, when these agreements are to the advantage of the State of Arkansas in the furtherance of the state community college program as authorized by law.

History. Acts 1977, No. 560, §§ 9, 17; A.S.A. 1947, §§ 80-4909, 80-4917; Acts 1999, No. 478, § 5; 2019, No. 910, § 1988.

Amendments. The 2019 amendment, in (b), substituted “Arkansas Higher Education Coordinating Board” for “board” twice, and “Division of Elementary and Secondary Education” for “Department of Education”.

Cross References. Audit of educational institutions, § 6-1-101.

Case Notes

Cited: Hadley v. North Ark. Cmty. Tech. College, 76 F.3d 1437 (8th Cir. 1996).

6-61-506. Administration of funds.

  1. All federal and other funds provided to the state for support of community colleges and vocational and technical education in community colleges shall be administered by the State Community College Board.
  2. In the event there are legal requirements that the funds be granted to another agency of the state, that other agency shall contract with the board for the administration of the funds under the appropriate conditions.

History. Acts 1977, No. 560, § 17; A.S.A. 1947, § 80-4917.

6-61-507. Formation of districts — Feasibility study.

Upon request of a citizens' group representing a proposed community college district, the State Community College Board shall assist in the study of the proposed district to determine whether its formation would meet the requirements of §§ 6-61-1016-61-103, 6-61-2016-61-209, 6-61-211 [repealed], 6-61-2126-61-216, 6-61-3016-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-5016-61-524, 6-61-6016-61-603, and 6-61-6046-61-612 [repealed] and the criteria established by the board for the formation of the district. As provided in § 6-61-505, the board shall make all necessary studies to determine the feasibility of the proposed district.

History. Acts 1977, No. 560, § 11; A.S.A. 1947, § 80-4911.

6-61-508. Formation of district — Minimum requirements for establishment.

Prior to the calling of an election for the establishment of a community college district, the State Community College Board must certify that the proposed college will meet the following requirements:

  1. Site: That a site which meets the criteria established by the board is available;
  2. Students: That by objective analysis and projection the full-time student equivalent would be a minimum of three hundred (300) at the fall enrollment of the third year of operation;
  3. Local Income: That the assessment for ad valorem tax purposes of the proposed district, as published by the Assessment Coordination Department, at the millage rate proposed would produce sufficient income for the district to discharge its financial obligation as required in §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-211 [repealed], 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-501 — 6-61-524, 6-61-601 — 6-61-603, and 6-61-604 — 6-61-612 [repealed]. However, a district may be created without a local millage by following all applicable provisions of the law if it is demonstrated to the board that all capital costs of the district required to provide an adequate comprehensive program will be met without a local millage, at least during the first five (5) years that instruction is offered by the district, through available existing facilities, contributions already secured or committed to the satisfaction of the board, establishment of a permanent endowment fund, or through any other method or any combination of methods; and
  4. Size of District: The size of the district shall be such that all students within the district are within commuting distance of the college.

History. Acts 1977, No. 560, § 13; A.S.A. 1947, § 80-4913.

6-61-509. Formation of district — Limitation on number.

    1. No certificate of feasibility for the formation of a community college district in excess of eight (8) locations in Arkansas as authorized by Acts 1973, No. 103, § 5(b) [repealed], shall be issued by the State Community College Board.
    2. It is the specific intent of §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-211 [repealed], 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-501 — 6-61-524, 6-61-601 — 6-61-603, and 6-61-604 — 6-61-612 [repealed] to provide that the authority of the board to create an unlimited number of community colleges under Acts 1973, No. 103, is repealed, and no other interpretation shall be given to §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-211 [repealed], 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-501 — 6-61-524, 6-61-601 — 6-61-603, and 6-61-604 — 6-61-612 [repealed].
  1. In computing the maximum of eight (8) community college districts permitted under §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-211 [repealed], 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-501 — 6-61-524, 6-61-601 — 6-61-603, and 6-61-604 — 6-61-612 [repealed], auxiliary locations which may or may not establish additional taxing units but are included as a part of a community college district previously established shall be counted as a separate community college district.
  2. The General Assembly shall be the sole authority for creating community college districts subsequent to the creation of a maximum of eight (8), as stated elsewhere in §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-211 [repealed], 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-501 — 6-61-524, 6-61-601 — 6-61-603, and 6-61-604 — 6-61-612 [repealed], by the board.

History. Acts 1977, No. 560, § 18; A.S.A. 1947, § 80-4918.

6-61-510. Formation of district — Election — Petition.

  1. Upon certification of the State Community College Board that the formation of the proposed district is feasible and would conform to the requirements of §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-212 [repealed], 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-501 — 6-61-524, 6-61-601 — 6-61-603, and 6-61-604 — 6-61-612 [repealed], qualified electors of the proposed district may, by petition, have an election called to determine whether the district shall be formed.
    1. The petition calling for such an election shall be signed by not less than ten percent (10%) of the qualified electors of the district, based upon the total number of votes cast therein for all candidates for the office of Governor in the last general election.
    2. Where there is more than one (1) county or city in a proposed district, the petitions shall include signatures of not less than ten percent (10%) of the qualified electors of each county or city, and the aggregate of the signatures shall represent not less than ten percent (10%) of the qualified electors of the entire proposed district as determined by the total votes cast for all candidates for the office of Governor at the last general election in each such county or city.
    3. Signatures shall be separately required from a particular city only if the boundaries of the city are used to describe the district separate from the boundaries of the county in which the city is located.
  2. The petitions calling for the special election shall describe the area of the proposed district, the proposed maximum rate of millage to be levied for the support of the district, if any, and the millage that may be pledged for bonded indebtedness purposes of the district.
  3. The petition shall be filed with the Secretary of State.

History. Acts 1977, No. 560, § 11; A.S.A. 1947, § 80-4911.

6-61-511. Formation of district — Election — Notification to county board of election commissioners.

Within ten (10) days of the receipt and verification by the Secretary of State of the sufficiency of the petitions, he or she shall notify the county board of election commissioners of each county of which any portion is in the proposed community college district that an election shall be held in the area described in the petition, as certified by the Secretary of State, to determine whether the district shall be formed.

History. Acts 1977, No. 560, § 11; A.S.A. 1947, § 80-4911.

6-61-512. Formation of district — Election — Date.

The date of the election shall be set by the Secretary of State in accordance with § 7-11-201 et seq.

History. Acts 1977, No. 560, § 11; A.S.A. 1947, § 80-4911; Acts 2005, No. 2145, § 8; 2007, No. 1049, § 10; 2009, No. 1480, § 10.

Amendments. The 2009 amendment substituted “§ 7-11-201 et seq.” for “§ 7-5-103(b).”

6-61-513. Formation of district — Election — Ballot.

  1. The State Community College Board shall specify the wording of the ballot to be used for each election to create a community college district utilizing appropriate language similar to that provided in subdivision (c)(1) of this section.
    1. The ballot for the election shall state the purpose of the election, giving the names of the counties or cities in the proposed district, the proposed rate of ad valorem tax to be voted upon, if any, and the purposes for which such tax shall be used, including the amount thereof which may be pledged for bonded indebtedness purposes.
    2. A city shall be listed separately only if the boundaries of the city are used to describe the district separate from the boundaries of the county in which the city is located.
    1. The form of the ballot may be as follows:
    2. The material enclosed in parentheses is inserted if a local tax is to be voted on and deleted if no local tax is to be voted on.

Vote FOR or AGAINST the establishment of a community college district to be composed of , (This includes authorizing the levy of a tax not to exceed mills on the dollar of the assessed value of the taxable property of the district (to be used for the support of such community college) and authorizing the pledging of mills of the aforementioned tax for the issuance of bonds to provide all or part of the funds for the construction and furnishing of buildings and facilities for such college.) FOR the establishment of a community college district. AGAINST the establishment of a community college district.

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History. Acts 1977, No. 560, § 11; A.S.A. 1947, § 80-4911.

6-61-514. Formation of district — Election — Conduct.

The election shall be conducted by the county board of election commissioners in the manner provided by law for special elections, and the ballots shall be marked by each elector, and the returns thereof shall be tabulated, certified, and reported as provided by law.

History. Acts 1977, No. 560, § 11; A.S.A. 1947, § 80-4911.

6-61-515. Formation of district — Election — Results.

    1. If a majority of the qualified electors of the proposed district voting thereon at such election shall vote for the establishment of the district, the district shall be established in the manner provided in §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-211 [repealed], 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-501 — 6-61-524, 6-61-601 — 6-61-603, and 6-61-604 — 6-61-612 [repealed].
    2. If a majority of the qualified electors of the proposed district voting thereon at the election vote against the establishment of the district, the district shall not be established, and no new election for the establishment thereof shall be held for a period of one (1) year thereafter.
    3. However, if the proposed district includes more than one (1) county or city, the majority required for the purposes of §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-211 [repealed], 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-501 — 6-61-524, 6-61-601 — 6-61-603, and 6-61-604 — 6-61-612 [repealed] shall include not only a majority of the electors of the proposed district voting on the issue at the election but shall also include a majority of the electors voting on the issue in each county or city of the proposed district, or if the proposed district consists of described contiguous territory in one (1) or more counties or cities, the majority required for the purposes of §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-211 [repealed], 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-501 — 6-61-524, 6-61-601 — 6-61-603, and 6-61-604 — 6-61-612 [repealed] shall include not only a majority of the electors of the proposed district voting on such issue but shall also include a majority of the electors voting on the issue in the portion of any county or city of the proposed described district.
  1. The vote in a particular city shall be considered separately only if the boundaries of the city are used to describe the district separate from the boundaries of the county in which the city is located.

History. Acts 1977, No. 560, § 11; A.S.A. 1947, § 80-4911.

6-61-516. Formation of district — Election — Reconstituted district.

If the election fails because of an adverse vote in one (1) or more counties or cities in a proposed district of multiple counties or cities, a proposed reconstituted district eliminating the counties or cities which cast the adverse vote in an election may be called within ninety (90) days, provided the State Community College Board certifies that the proposed new district meets all of the criteria for such an election.

History. Acts 1977, No. 560, § 11; A.S.A. 1947, § 80-4911.

6-61-517. Formation of district — Ad valorem taxes.

  1. The ad valorem tax levied by a district, or so much thereof as shall be necessary, shall be a continuing levy until reduced in the manner provided in this subchapter.
  2. The tax shall be collected in the manner provided by law for the collection of county general taxes and promptly remitted to the district.

History. Acts 1977, No. 560, § 11; A.S.A. 1947, § 80-4911.

6-61-518. Reconstituted districts.

  1. When it is proposed that a county or city join an existing community college district, an election may be held in the proposed city or county to be added to determine whether the proposed reconstituted district shall be established after a petition requesting that the county or city be permitted to join the district has been signed by a committee broadly representative of the county or city to be added and approved by the local board of the existing district.
  2. The procedures for an election to be held in the petitioning county or city to determine whether the proposed reconstituted district shall be formed, including the adoption of the millage tax for support of the community college in effect in the existing district, shall be the same as required in establishing an original community college district.

History. Acts 1977, No. 560, § 11; A.S.A. 1947, § 80-4911.

6-61-519. Dissolution of district — Reduction or repeal of tax.

  1. A community college district may be dissolved or the millage tax voted reduced or repealed, with the exception of the millage required to service any outstanding bonds, upon approval thereof by a majority of the qualified electors of the district voting on the issue at an election called for such purpose.
  2. The question of dissolving the district or reducing or repealing the millage tax shall be submitted to the electors of the district at a special or general election upon petitions therefor if the initiation of petitions calling for the election and the procedures calling for the election shall be in accordance with the requirements set forth in §§ 6-61-510(b)-(d), 6-61-511, and 6-61-512 for the formation of the district.

History. Acts 1977, No. 560, § 11; A.S.A. 1947, § 80-4911.

Cross References. Consolidations and mergers, § 6-60-102.

6-61-520. Local boards — Establishment — Members.

  1. The local control of each community college shall be vested in a local board composed of nine (9) members who are residents and qualified electors of the community college district.
    1. All members shall be elected for terms of six (6) years by the qualified electors of the community college district at the general election immediately preceding the expiration of the expiring terms, and the newly elected members shall take office on January 1 next following the date of their election.
      1. However, the election shall be held at the annual school election if the community college district is composed solely of one (1) or two (2) entire school districts, other than any portion of the school district that is in another county, and whose boundary is contiguous with that portion of the school district that is located in the county in which the community college is located.
        1. For those elections held at the annual school election under subdivision (b)(2)(A) of this section, if no more than one (1) person files as a candidate for membership on the local board and the question of the rate of millage to be levied for the support of the community college district is not on the ballot, the local board, by resolution, may request that the county board of election commissioners open no polling places on election day so that the election shall be conducted by absentee ballot and early voting only.
        2. If an election held at the annual school election under subdivision (b)(2)(A) of this section is conducted by absentee ballot and early voting only:
          1. The election shall be conducted on a ballot separate from the ballot for the annual school election; and
          2. The local board of the community college shall reimburse the county for the cost of conducting the election by absentee ballot and early voting. The community college shall pay the expenses of the election out of its general operation funds under § 6-61-601.
            1. (A) Candidates for membership on the local board shall run by position and shall be elected on a nonpartisan basis, and there shall be no mark or designation on the ballot indicating the party affiliation of the candidates.
            2. Any person desiring to be a candidate for a position on the local board shall, during the respective filing period set forth in § 6-14-111(e)(1), file a notarized statement of such candidacy with the county clerk of each county of which any portion is in the community college district, in substantially the following form:
              1. At the time of filing the statement of candidacy, the candidate shall pay a ballot fee of three dollars ($3.00) and shall file a petition containing the signatures of at least twenty-five (25) qualified electors of the district, requesting that the name of the candidate be placed on the ballot as a candidate for the position on the local board.
              2. Candidates may begin circulating petitions not earlier than ninety (90) days before the filing deadline under subdivision (c)(2) of this section.
              1. The county board of election commissioners of each county of which a portion is a part of the community college district shall certify the results of the election in that county to the local board of the community college.
              2. The local board of the community college shall officially canvass the returns, declare the candidate elected for each position, and make a record of the election upon its minutes.
            3. The candidate receiving the highest number of votes for each position on the local board to be filled at the election shall be elected to fill the particular position, and it shall not be necessary that the person elected receive a majority of all votes cast for all candidates for such position.
            1. Vacancies on any local board due to death, resignation, or other causes shall be filled by appointment of the Governor.
            2. When the term of office in which the vacancy occurs expires on December 31 of the year in which the next general or annual school election is to be held, the person appointed by the Governor shall serve the remainder of the unexpired term.
            3. When the term of office in which the vacancy occurs extends beyond December 31 of the year in which the next general or annual school election is to be held, the person appointed by the Governor shall serve only until the general or annual school election, at which election a person shall be elected by the qualified electors of the district to fill the remainder of the unexpired term.
            4. When a vacancy occurs, the local board shall officially recognize that the vacancy exists, enter the recognition of the vacancy upon its minutes, and notify the Governor, requesting that he or she make an appointment to fill the vacancy as provided by law.
            5. The Governor shall officially notify the local board of his or her appointment of the new member, which the local board shall enter upon its minutes.
            1. After a merger between a community college and a four-year institution of higher education or a university system, control of the community college may be vested in the board of trustees of the four-year institution of higher education or the board of trustees of the university system.
            2. If the control of the community college is vested in the board of trustees of a four-year institution of higher education or the board of trustees of a university system, the board of trustees shall perform the functions, duties, and responsibilities of the former governing body of the community college and the provision of subsections (a)-(d) of this section and § 6-61-529 do not apply.
            1. After a merger under subsection (e) of this section, the former governing body of the community college may become a board of visitors performing such functions as determined by the board of visitors and the board of trustees of the four-year institution of higher education or the board of trustees of the university system.
            2. The membership of the board of visitors, including the number of members, term of membership, and method of appointment of members shall be decided by the board of trustees of the four-year institution of higher education or the board of trustees of the university system.

(B) The order in which the names of the respective candidates are to appear on the ballot shall be determined by lot by the county board of election commissioners.

“State of Arkansas County of I, , being first duly sworn, state that I reside at ; that I am a resident and qualified elector of community college district; that I am a candidate for the office of position No. on the local board of such community college, and I hereby request that my name be placed on the ballot as a candidate for such position at the coming general or annual school election. (Signed) Subscribed and sworn to before me this day of , 20 (Signed) Notary Public”.

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History. Acts 1977, No. 560, § 10; A.S.A. 1947, § 80-4910; Acts 1993, No. 981, § 1; 1999, No. 470, § 1; 2009, No. 1480, § 11; 2011, No. 890, § 1; 2011, No. 1185, § 2; 2015, No. 955, § 3; 2015, No. 967, § 1; 2017, No. 47, § 1; 2019, No. 597, § 5.

Publisher's Notes. Acts 1977, No. 560, § 10 provides, in part, that the initial members of each local board shall be appointed by the Governor with the advice and consent of the Senate and that the initial board members shall draw lots and position numbers. The section further provides that the terms of the members of each local board are arranged so that three (3) terms expire on December 31 of each even-numbered year.

Amendments. The 2009 amendment, in the introductory language of (c)(2), substituted “not later than noon of the seventieth day” for “not less than forty-five (45) days” and substituted “clerk” for “board of election commissioners.”

The 2011 amendment by No. 890 substituted “one (1) or two (2)” for “one (1) or more” in present (b)(2)(A); and added (b)(2)(B).

The 2011 amendment by 1185, in the introductory language of (c)(2), deleted “general or” preceding “annual school election” and inserted “or the eighty-first day before the general election at which the position on the board is to be filled.”

The 2015 amendment by No. 955 added (e)(1), (e)(2), (f)(1), and (f)(2).

The 2015 amendment by No. 967 substituted “twenty-five (25)” for “fifty (50)” in (c)(3).

The 2017 amendment redesignated former (c)(1) as (c)(1)(A); deleted the former last sentence in (c)(1)(A); and added (c)(1)(B).

The 2019 amendment substituted “during the respective filing period set forth in § 6-14-111(e)(1)” for “not later than 12:00 noon of the seventieth day prior to the annual school election at which the position on the board is to be filled or the eighty-first day before the general election at which the position on the board is to be filled” in the introductory language of (c)(2); redesignated (c)(3) as (c)(3)(A); substituted “the candidate” for “such person” preceding “be placed” in (c)(3)(A); and added (c)(3)(B).

Case Notes

Cited: Hadley v. North Ark. Cmty. Tech. College, 76 F.3d 1437 (8th Cir. 1996).

6-61-521. Local boards — Powers and duties.

The powers and duties of the local board shall be as follows:

  1. To select its own chairman and such other officers as it may deem desirable from among its own membership;
  2. To adopt and use a seal;
  3. To determine, with the advice of the Arkansas Higher Education Coordinating Board, the educational program of the community college;
  4. To appoint and fix the compensation and the term of office of a president or chancellor of the community college;
  5. To appoint, upon the nomination of the president or chancellor, members of the administrative and teaching staffs and to fix their compensation and terms of employment;
  6. Upon the recommendation of the president or chancellor, to appoint or employ such other officers, agents, and employees of the community college as may be required to carry out the provisions of this section, §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-401, 6-61-402, 6-61-501 — 6-61-520, 6-61-522 — 6-61-524, and 6-61-601 — 6-61-603 and to fix and determine their qualifications, duties, compensation, and terms and conditions of employment;
  7. To grant diplomas and certificates;
  8. To enter into contracts;
    1. To accept from any government or governmental agency, from any other public or private body, or from any other source grants or contributions of money or property, which the local board may use for or in aid of any of its purposes.
    2. If acceptance of a grant is conditioned upon the local board's obtaining interim financing from a local financial institution and if the grant makes a provision for the repayment of the interim loan from the grant itself, then the local board is authorized to contract for the required interim financing;
  9. To acquire, own, lease, use, and operate property, whether real, personal, or mixed, which is necessary for purposes of the community college;
  10. To dispose of property owned by the community college which is no longer necessary for purposes of the community college upon such terms and conditions as shall meet the requirements for state agencies;
  11. To exercise the right of eminent domain to condemn property necessary for the use of the community college. The procedure to be followed in the exercise of the right of eminent domain by a local board shall be that prescribed for the boards of trustees of certain state colleges by § 6-62-201;
  12. To make rules not inconsistent with the provisions of this section, §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-401, 6-61-402, 6-61-501 — 6-61-520, 6-61-522 — 6-61-524, and 6-61-601 — 6-61-603 or with the rules of the Arkansas Higher Education Coordinating Board as are necessary for the proper administration and operation of the community college; and
  13. To exercise all other powers not inconsistent with the provisions of this section, §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-401, 6-61-402, 6-61-501 — 6-61-520, 6-61-522 — 6-61-524, and 6-61-601 — 6-61-603 which may be reasonably necessary to the establishment, maintenance, and operation of a community college.

History. Acts 1977, No. 560, § 10; A.S.A. 1947, § 80-4910; Acts 1999, No. 478, § 6; 2015, No. 955, § 4; 2019, No. 315, § 372.

Amendments. The 2015 amendment inserted “or chancellor” in (4)-(6); and deleted “who shall be the executive officer for the local board and for the community college” at the end of (4).

The 2019 amendment deleted “and regulations” following “rules” twice in (13).

6-61-522. Limitations on operations.

  1. [Repealed.]
    1. Participation of community colleges in intercollegiate athletic programs shall be limited to basketball, volleyball, and spring sports, except as provided in subdivision (b)(2) of this section.
    2. Community colleges may participate in an intercollegiate football program provided that state funds, either directly or indirectly, or funds derived from property taxes or student fees are not expended to support the program.

History. Acts 1977, No. 560, § 15; 1979, No. 756, § 1; A.S.A. 1947, § 80-4915; Acts 2001, No. 1649, § 1; 2013, No. 422, § 1; 2017, No. 556, § 1.

Amendments. The 2013 amendment redesignated former (a) as present (a)(1); in (a)(1), substituted “A” for “No tax shall ever be levied or collected for the construction of dormitories, nor shall any,” inserted “or technical college formed shall not” preceding “construct,” substituted “a dormitory or barracks to house” for “any dormitory for the housing of,” and added “or levy or collect a tax … under subdivision (a)(2) of this section” to the end; and added subdivision (a)(2).

The 2017 amendment repealed (a).

6-61-523. Student fees.

  1. Tuition.
    1. The intent of §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-401, 6-61-402, 6-61-501 — 6-61-524, and 6-61-601 — 6-61-603 is to make community college programs available to as many citizens of Arkansas as possible. To this end, tuition and fees should be maintained at a reasonable level so as not to exclude citizens because of cost.
    2. The local board shall determine the minimum student tuition and fees to be charged.
    3. The student fees or tuition authorized in §§ 6-61-215 and 6-53-304 shall be used for educational purposes only.
  2. Out-of-District Tuition.
      1. Students who come from within the state but without the district may be charged a fee in addition to the fee charged students who are residents of the district.
      2. The out-of-district fee is to be determined by the local board but is not to exceed the pro rata share of the per student cost annually paid for buildings and operations from local tax revenues.
      3. However, when one (1) or more residents of a county not in a community college district attend a community college, the county of residence of these students may, when funds are appropriated therefor by the quorum court of the county, pay the tuition of these students which exceeds the tuition charged in-district students.
    1. Out-of-state students may be charged a fee in addition to the fee charged students who are residents of the district in the amount determined by the local board.
  3. Activity Fees. To provide for a student activity program at the college, the local board may levy a student activity fee.
  4. Special Fees. The local board of each community college may levy special fees for special programs, short courses, seminars, or like activities at a level to defray the cost of special activities.

History. Acts 1977, No. 560, § 14; A.S.A. 1947, § 80-4914; Acts 1989 (3rd Ex. Sess.), No. 12, § 1; 1999, No. 1107, § 3.

6-61-524. Agreements for sharing of facilities, personnel, and services.

  1. Community colleges established under the authority of Arkansas Constitution, Amendment 52 and the laws enacted pursuant thereto, are authorized, upon application, review, and approval thereof by the State Community College Board, to enter into agreements with any postsecondary educational institution, or with agencies or institutions of this state, of any city or county, or of the federal government for the sharing of facilities, personnel, or services or the providing and furnishing of services for such duration and under such conditions and financial arrangements therefor as are not inconsistent with the purposes for which the community colleges are established.
  2. In addition to the powers enumerated in this subchapter, it is the specific intention of §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-211 [repealed], 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-501 — 6-61-524, 6-61-601 — 6-61-603, and 6-61-604 — 6-61-612 [repealed] to authorize community colleges, upon application, review, and approval by the State Community College Board, to enter into agreements with the State Board of Career Education for the sharing of facilities, personnel, and services of vocational and technical schools of this state whereby, at a single location, community college instruction, including vocational and technical training, may be offered. The agreements shall include means of financing the sharing of such facilities, personnel, or services, provided, that the community college and the vocational and technical school shall each receive financial support in the manner provided by law.

History. Acts 1977, No. 560, § 16; A.S.A. 1947, § 80-4916.

Cross References. Consolidations and mergers, § 6-60-102.

6-61-525. Housing allowance.

Upon approval by the appropriate community college or technical college board of trustees, the president or the chancellor of each community college or technical college may receive a housing allowance in an amount not to exceed one thousand five hundred dollars ($1,500) per month in lieu of college housing.

History. Acts 1989 (1st Ex. Sess.), No. 37, § 5; 1989 (1st Ex. Sess.), No. 48, § 5; 1989 (1st Ex. Sess.), No. 130, § 5; 1989 (1st Ex. Sess.), No. 203, § 5; 1989 (1st Ex. Sess.), No. 245, § 5; 1989 (1st Ex. Sess.), No. 252, § 7; 1989 (1st Ex. Sess.), No. 262, § 6; 1991, No. 641, § 6; 1993, No. 765, § 7; 1995, No. 70, § 3; 2007, No. 1041, § 1.

A.C.R.C. Notes. Former § 6-61-525, concerning the housing allowance for presidents of certain schools, is deemed to be superseded by this section. The former section was derived from Acts 1987, No. 691, § 5; 1987, No. 747, § 5; 1987, No. 748, § 5; 1987, No. 749, § 5; 1987, No. 756, § 5; 1987, No. 788, § 5.

6-61-526. [Repealed.]

Publisher's Notes. This section, concerning Phillips Community College of the University of Arkansas — Building trades construction program, was repealed by Acts 2019, No. 239, § 1, effective July 24, 2019. The section was derived from Acts 1987, No. 748, § 6.

6-61-527. [Repealed.]

Publisher's Notes. This section, concerning the University Center at Westark Community College, was repealed by Acts 2003, No. 1473, § 7. The section was derived from Acts 1989, No. 259, §§ 1, 2; 1991, No. 1119, § 5; 1993, No. 307, § 6; 1997, No. 112, § 17; 1997, No. 540, § 11.

6-61-528. University Center of Arkansas Northeastern College.

  1. In order to provide the residents of northeastern Arkansas with greater access to higher education opportunities beyond those which can be provided by the Arkansas Northeastern College, there is hereby created the university center at the Arkansas Northeastern College. The primary purpose of the General Assembly in creating this center is to meet the needs of persons who cannot, because of family or work responsibilities, leave the area to become students at universities in other communities. It is the intent of the General Assembly, in creating this center, to avoid the establishment of an additional institution of higher education or branch of such institution and to avoid the duplication of administrative personnel and services.
  2. The university center at the Arkansas Northeastern College shall be managed and administered by the Board of Trustees of the Arkansas Northeastern College utilizing the administrative staff and support services of the college.
  3. The Arkansas Northeastern College shall determine, in cooperation with the public universities and with the approval of the Arkansas Higher Education Coordinating Board, the need for various upper-level and graduate programs and courses and shall encourage such institutions to offer the needed programs and courses.
  4. It is the responsibility of the Arkansas Northeastern College District to provide facilities for approved courses and programs at the university center at the Arkansas Northeastern College.
  5. This section does not authorize the Arkansas Northeastern College to assume the status of a four-year institution.
  6. For the purposes of this section:
    1. “Graduate course” means a university course intended for students who have completed a baccalaureate degree;
    2. “Graduate program” means a prescribed series of graduate courses which lead to a post-baccalaureate degree;
    3. “Upper-level course” means a university course which is considered junior or senior level at the institution offering the course and is not offered at the freshman or sophomore level at the Arkansas Northeastern College; and
    4. “Upper-level program” means a prescribed series of university courses offered at the junior and senior level which, when combined with a prescribed series of freshman and sophomore courses, qualify successful students for the baccalaureate degree.

History. Acts 1992 (1st Ex. Sess.), No. 64, §§ 1, 2; 1992 (1st Ex. Sess.), No. 65, §§ 1, 2.

A.C.R.C. Notes. References to “this chapter” in subchapters 1-4 and 6-9 and references to “this chapter” and “this subchapter” in §§ 6-61-5016-61-524 may not apply to this section which was enacted subsequently.

6-61-529. Local boards — Appointment or election of members.

    1. Within sixty (60) days after April 19, 1995, the local board of each community college shall, by resolution, choose:
      1. To continue as a board whose members are elected; or
      2. To become a newly constituted board whose members are appointed by the Governor under the provisions of this section.
    2. The board of the local community college shall immediately thereafter notify the Governor of its decision.
      1. If the local community college board chooses to become an appointed board, positions on the board shall become vacant as current terms expire, and persons who are residents and qualified electors of the community college district shall be appointed by the Governor for terms of six (6) years.
      2. To the extent possible, the Governor shall assure equitable representation on the board with regard to race and geographic distribution from throughout the district.
      1. Vacancies on the appointed board due to death, resignation, or other causes shall be filled by appointment of the Governor to serve the remainder of an unexpired term.
      2. A person so appointed is eligible for appointment to a subsequent full term on the board.
    1. Except as provided in subsection (d) of this section, if the local community college board chooses to remain an elected board, beginning with the 1996 general election, the qualified electors of a community college district having a ten percent (10%) or greater population in any one (1) racial minority, as reported by the most recent federal decennial census information, shall elect the members of the local board as follows, utilizing selection procedures in compliance with the federal Voting Rights Act of 1965, 42 U.S.C. 1971 et seq.:
      1. At least ninety (90) days before the election, the local board shall, with approval of the county board of election commissioners of any county in which the community college is located, divide the district into nine (9) zones, or the local board may, by resolution, utilize existing quorum court districts. Zones shall have substantially equal population, with boundaries based on the most recent available federal decennial census information; and
      2. A candidate for election from a zone or a quorum court district must be a qualified elector and a resident of the zone or district.
      1. A board member shall serve a six-year term.
      2. A term shall commence after the county court declares the results of the election by an order entered of record and on January 1 next following the date of the election.
      1. After each federal decennial census and at least ninety (90) days before the general election, the local board shall, with approval of the county board of election commissioners of any county in which the community college is located, divide the district into nine (9) zones, or the local board may, by resolution, utilize quorum court districts. The zones or quorum court districts shall be based on the most recent federal decennial census information and be substantially equal in population.
      2. At the general election following the rezoning, a new local board shall be elected in accordance with procedures set forth in this section.
  1. If division into zones for election purposes would not create a voting zone with twenty percent (20%) or greater population in any one (1) racial minority, the district shall be exempt from subsection (c) of this section.

History. Acts 1995, No. 1349, § 1; 2001, No. 1366, §§ 1, 2.

A.C.R.C. Notes. As enacted by Acts 1995, No. 1349, subdivision (c)(2)(A) began:

“Except as provided in subsection (d) of this section.”

As enacted by Acts 1995, No. 1349, this section also contained a subsection (d) which read:

“(d) At the first meeting of a new local board, the members shall establish initial terms by lot so that, to the extent possible, an equal number of positions are filled every two (2) years and not more than five (5) members' terms expire every two (2) years.”

6-61-530. Local boards — School district representation.

  1. If the members of the local board of a community college are elected at large and if the community college district is composed of more than one (1) school district, but not all the school districts in the county, the board may apportion a certain number of positions on the board for each school district according to the most recent census information.
  2. The board shall reapportion the positions on the board for each school district following each decennial census thereafter.
  3. If at the time of either the initial apportionment or the decennial reapportionment, a board member's position is apportioned to a school district in which he or she does not reside at that time, he or she shall nevertheless continue to hold office until the end of his or her term.
  4. After such apportionment, the qualified electors of each school district shall vote at large only for the board positions apportioned to their school district.
  5. Following apportionment, all board members and all candidates for board positions shall be residents and qualified electors of the school district to which their positions are apportioned, except as provided in subsection (c) of this section.
  6. If any board member shall cease to reside in the school district to which his or her position is apportioned, then that board member shall be disqualified to hold office, and a vacancy shall exist which shall be filled as prescribed by law.
  7. The provisions of this section shall not be applicable to or in any way affect the qualifications or current term of any person serving on a community college board on March 1, 1999.

History. Acts 1997, No. 1258, § 1; 1999, No. 771, § 1.

Case Notes

Cited: Parsons v. State, 341 Ark. 150, 15 S.W.3d 339 (2000).

6-61-531. Arkansas Heavy Equipment Operator Training Academy — Establishment.

  1. The Arkansas Heavy Equipment Operator Training Academy is established as a satellite center of the University of Arkansas at Monticello.
  2. The academy shall be the Arkansas single-source academy offering statewide services and satellite training for the operation of heavy equipment.
  3. The academy may operate programs in cooperation with the University of Arkansas at Monticello colleges of technology located in Crossett and McGehee and the Southeast Arkansas Community Based Education Center located in Warren.

History. Acts 2003, No. 683, § 1; 2005, No. 1010, § 1; 2007, No. 819, § 1.

6-61-532. Arkansas Heavy Equipment Operator Training Academy — Operation.

      1. The Director of the Arkansas Heavy Equipment Operator Training Academy shall follow hiring procedures consistent with the policies of the University of Arkansas at Monticello in recommending academy personnel for hire.
      2. The Chancellor of the University of Arkansas at Monticello shall exercise final approval over the hiring of academy personnel.
    1. Persons employed by the academy as of July 1, 2003, shall be retained unless:
      1. They fail to fulfill their assigned duties; or
      2. Lack of enrollment in or funding of the academy necessitates staff reduction.
    2. The salaries of persons who are employed by the academy as of July 1, 2003, shall not be reduced as a result of this section and §§ 6-61-531 and 6-61-533.
    3. Persons who are nonclassified employees and faculty of the academy as of July 1, 2003, will remain under the academy's pay schedule.
    4. Persons employed by the academy as of July 1, 2003, may join the university's fringe benefits package, which includes the Arkansas Teacher Retirement System.
    5. The university will accept any leave balance for academy personnel that has accrued as of July 1, 2003, if the leave balance does not exceed the maximum leave allowed under Arkansas law.
    1. The director will report directly to the chancellor regarding the operation of the academy.
    2. The director shall be appointed by the Chancellor of the University of Arkansas at Monticello or his or her designee.
  1. The university shall continue to offer the technical certificates previously approved by the Arkansas Higher Education Coordinating Board for the training of heavy equipment operators.
  2. The Arkansas Heavy Equipment Operator Training Academy Advisory Committee shall continue to make recommendations regarding the operation of the academy and its curriculum.

History. Acts 2003, No. 683, § 2; 2005, No. 1010, § 1; 2007, No. 819, § 2.

6-61-533. Arkansas Heavy Equipment Operator Training Academy — Funding.

    1. All legislatively appropriated funds, tuitions, grant moneys, and donations designated for the Arkansas Heavy Equipment Operator Training Academy shall be specifically used for the operation of the academy.
    2. If the General Assembly does not provide funding for the academy, the University of Arkansas at Monticello may choose not to fund the academy.
    3. The Director of the Arkansas Heavy Equipment Operator Training Academy will develop, recommend, and monitor the academy's annual budget.
    4. The chief fiscal officer of the university or his or her designee shall regularly monitor academy books, banking records, accounts, and expenditures.
  1. The academy shall remain under the supervision of the director, who shall be assisted by the academy coordinator.

History. Acts 2003, No. 683, § 3; 2005, No. 1010, § 1; 2007, No. 819, § 3.

6-61-534. Southeast Arkansas College — Priorities.

A high priority of the Southeast Arkansas College is to provide:

  1. University transfer courses;
  2. Industrial training in the work place; and
  3. Encouragement for degree acquisition.

History. Acts 2011, No. 1082, § 5.

Subchapter 6 — Community Colleges — Finances

Effective Dates. Acts 1977, No. 560, § 30: Mar. 21, 1977. Emergency clause provided: “It has been found and is hereby determined by the General Assembly that comprehensive planning for post-secondary education in Arkansas must be given greater emphasis. Further delay would possibly affect the educational opportunities available to citizens of the State and the quality of these opportunities. Therefore, an emergency is declared to exist, and this Act, being necessary for the preservation of the public peace, health and safety, shall be in effect from and after its passage and approval.”

Acts 1981, No. 29, § 3: Feb. 6, 1981. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas that the financing of capital improvements for community colleges is not feasible under existing maximum interest rate limitations, that these capital improvements are essential to the continued development of the community college program in this State and the continued improvement of educational opportunities for her people, and that necessary capital improvements can be accomplished only by the immediate effect of this Act. Therefore, an emergency is declared to exist and this Act, being necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 2009, No. 1480, § 117: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act makes various revisions to Arkansas election laws that are designed to improve the administration of elections and special elections and that these revisions should be implemented as soon as possible so that the citizens of this state may benefit from improved election procedures. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 7, § 2: Feb. 1, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that increasing the number of Arkansans obtaining postsecondary education is critical to the educational and economic development systems of the state; that the expansion or renovation of community colleges, or both expansion and renovation of community colleges, are necessary to accommodate and educate the increasing number of Arkansans who obtain and seek to obtain postsecondary education; that many postsecondary facilities in Arkansas have an urgent need for expansion or renovation, or both expansion and renovation; that community colleges currently have inadequate funding to expand and renovate campus facilities; and that this act is immediately necessary to allow community colleges sufficient time to seek additional revenue to adequately accommodate the growing number of Arkansans seeking and obtaining postsecondary education. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

6-61-601. General operations — State funds.

  1. Funds for the general operation of an adequate comprehensive educational program shall be provided by the state.
    1. Prior to the beginning of each biennium, the local board of each community college shall develop an estimate of budget requirements for the operation of the community college for each year of the biennium and shall submit it to the State Community College Board for review.
    2. The estimate of budget requirements shall include both expected expenditures and incomes.
    1. Based on the estimates submitted by the community colleges and estimates of funds required for additional institutions that may be created during the ensuing biennium, the board shall recommend to the General Assembly and the Governor its estimate of funds necessary to support existing community colleges and ones that may be established.
    2. The amount of state revenues to be recommended for the general operation of each community college shall be the difference between the recommended budget and the total of income for general operation, including student fees and any other income except local taxes. The recommended budget for general operation shall be sufficient to provide an adequate comprehensive educational program which serves the needs of the state and the community college's service area as determined by the board.
  2. Replacement of initial equipment shall be considered as an operating cost.

History. Acts 1977, No. 560, § 12; 1981, No. 29, § 1; A.S.A. 1947, § 80-4912.

Case Notes

Cited: Hadley v. North Ark. Cmty. Tech. College, 76 F.3d 1437 (8th Cir. 1996).

6-61-602. General operations — Millage taxes.

  1. The local board of a community college may:
    1. Spend larger sums of money than the state funds provided for the community college consistent with the state law; and
    2. Levy a millage:
      1. To provide additional funds to acquire and construct the community college;
      2. To retire bonded indebtedness issued to finance facilities for the community college; or
      3. For general operating purposes of the community college.
  2. The election to approve the millage shall be held at:
    1. The election to create the community college district;
    2. A special election; or
    3. A general election.
    1. The local board of a community college shall certify in a timely manner the aggregate millage to be levied for the district for the purposes stated in subsection (a) of this section to the appropriate tax levying authority of each county or city of the district.
    2. The millage shall be levied and collected in the manner provided by law.
    3. If the local board of the community college determines that the amount produced from taxes levied for the district minus the tax proceeds pledged for bonded indebtedness is less than the amount required by the local board of the community college for the purposes stated in subsection (a) of this section, the local board of the community college shall state in the resolution required under subsection (d) of this section the additional millage requested by the local board of the community college.
    4. The sum of the rate levied and the additional millage requested shall not exceed ten (10) mills.
    5. The local board of the community college shall request that the question of the levy be placed on the ballot at the next general election or a special election called for that purpose pursuant to § 7-11-201 et seq.
    1. If the local board of a community college requests an election to vote on the millage, the local board shall:
      1. Adopt an appropriate resolution;
      2. File a certified copy of the resolution with the county board of election commissioners of each county in the district in which the election will be held; and
      3. Set the date of the election.
    2. The county board of election commissioners in each county in the community college district shall:
      1. Prepare the ballots;
      2. Furnish the election supplies;
      3. Select the election judges and clerks; and
      4. Make all necessary arrangements for conducting the election.
    3. Special elections under this section shall follow the laws applicable to the conduct of general elections.
    4. The community college district requesting the special election shall pay the expenses of conducting a special election held under this section.
  3. If the proposed additional millage is approved by the majority of the qualified electors of the district voting on such issue at an election, the additional millage shall be a continuing levy until reduced under subsection (f) of this section.
    1. If the local board of a community college determines that the rate of tax levied by the district minus the amount pledged for bonded indebtedness exceeds the amount required by the local board of the community college for the purposes stated in subsection (a) of this section, the local board shall certify the reduced rate of millage to the appropriate tax levying authority of each county or city of the district.
    2. Upon certification by the local board of the community college under subdivision (f)(1) of this section, the appropriate tax levying authority of each county or city of the district shall:
      1. Reduce the rate of the millage levied; and
      2. Extend the reduced rate of the millage on the tax books as the rate of tax due to the community college district.
    3. The reduction of the tax rate under this subsection shall remain until a greater amount of tax is certified by the local board of the community college as authorized in this section.
    1. Community college districts that are already in existence on March 21, 1977, and have existing millages that have been approved by the voters of the district may continue to levy the existing millages at the discretion of the local board of the community college.
    2. However, an election may be called to repeal operating millage, reduce operating millage, or authorize the transfer of operating millage to capital uses upon:
      1. The petition of voters under § 6-61-510; or
      2. A request by the local board of the community college.

History. Acts 1977, No. 560, § 12; A.S.A. 1947, § 80-4912; Acts 2005, No. 2145, § 9; 2007, No. 1049, § 11; 2009, No. 1480, § 12; 2011, No. 981, § 17; 2013, No. 7, § 1.

Amendments. The 2009 amendment substituted “§ 7-11-201 et seq.” for “§ 7-5-103(b)” in (c)(3) and (d)(1).

The 2011 amendment, in (d)(3) and (4), substituted “under this section” for “pursuant to the provisions of,” deleted “6-61-211 [repealed]” following “6-61-209” and “6-61-306 [repealed]” following “6-61-305,” and substituted “6-61-601, and 6-61-603” for “6-61-601 — 6-61-603, and 6-61-604 — 6-61-612 [repealed]”; and substituted “apply” for “be applicable” in (d)(3).

The 2013 amendment rewrote the section.

Case Notes

Cited: Hadley v. North Ark. Cmty. Tech. College, 76 F.3d 1437 (8th Cir. 1996).

6-61-603. Capital outlays generally.

Capital outlay expenses shall be paid from gifts, grants, profits from auxiliary enterprises, tuition, fees, local millages, and other local funds and may be paid from state funds appropriated for such purposes.

History. Acts 1977, No. 560, § 12; 1981, No. 29, § 1; A.S.A. 1947, § 80-4912; Acts 1991, No. 1242, § 1; 1993, No. 374, § 15; 1993, No. 382, § 2; 1993, No. 423, § 2; 1995, No. 1297, § 3.

A.C.R.C. Notes. Pursuant to § 1-2-207 this section is set out above as amended by Acts 1993, No. 423, § 2.

Acts 1993, No. 374, § 15, also amended subsection (b) to read as follows:

“While capital outlay expenses may not be paid from funds from the general operating budget, such as state funds, capital outlay expenses may be paid from funds outside of the general operating budget, such as gifts, grants, or profits from auxiliary enterprises.”

Acts 1993, No. 382, § 2 also amended subsection (b) to read as follows:

“While capital outlay expenses may not be paid from funds from the current year's general operating budget such as state funds, tuition, or fees, capital outlay expenses may be paid from funds from outside of the current year's general operating budget such as gifts, grants, unexpended cash funds from previous years' operating budgets, or profits from auxiliary enterprises.”

Case Notes

Cited: Hadley v. North Ark. Cmty. Tech. College, 76 F.3d 1437 (8th Cir. 1996).

6-61-604 — 6-61-612. [Repealed.]

Publisher's Notes. These sections, concerning bond issues to finance capital outlay expenses, were repealed by Acts 1993, No. 374, § 16. The sections were derived from the following sources:

6-61-604. Acts 1977, No. 560, § 12; 1981, No. 29, §§ 1, 2; A.S.A. 1947, § 80-4912.

6-61-605. Acts 1977, No. 560, § 12; 1981, No. 29, § 1; A.S.A. 1947, § 80-4912.

6-61-606. Acts 1977, No. 560, § 12; 1981, No. 29, § 1; A.S.A. 1947, § 80-4912.

6-61-607. Acts 1977, No. 560, § 12; 1981, No. 29, § 1; A.S.A. 1947, § 80-4912.

6-61-608. Acts 1977, No. 560, § 12; A.S.A. 1947, § 80-4912.

6-61-609. Acts 1977, No. 560, § 12; A.S.A. 1947, § 80-4912.

6-61-610. Acts 1977, No. 560, § 12; 1981, No. 29, § 2; A.S.A. 1947, § 80-4912.

6-61-611. Acts 1977, No. 560, § 12; 1985, No. 459, § 1; 1985, No. 787, § 1; A.S.A. 1947, § 80-4912; Acts 1992 (1st Ex. Sess.), No. 65, § 3; 1993, No. 321, § 1.

6-61-612. Acts 1977, No. 560, § 12; A.S.A. 1947, § 80-4912; Acts 1992 (1st Ex. Sess.), No. 65, § 4.

6-61-613. Purchases from board members and employees.

    1. The board of directors of each community college may adopt written policies authorizing the community college to purchase commodities and services from members of the board and employees of the community college.
    2. The board may restrict the purchases to competitive bids or negotiated purchases, or both.
    3. When any board member would derive financial gain from a sale to the community college, and if the board is required to vote on the purchase, that board member shall not vote on that issue.
    1. The president of each community college shall maintain a file of all documents pertaining to sales to the community college by members of its board or its employees.
    2. Such documents shall be:
      1. Maintained for five (5) years;
      2. Open to public inspection under the Freedom of Information Act of 1967, § 25-19-101 et seq.; and
      3. Audited by the Division of Legislative Audit.
  1. No member of a community college board of directors and no employee of a community college shall, in an effort to influence the college to purchase commodities or services from him or her:
    1. Coerce, bribe, or threaten economic sanctions against any board member or employee of the college in an effort to influence the decision on the purchase; or
    2. Purposely omit, conceal, or falsify material facts to a board member or employee regarding the transaction.

History. Acts 1989, No. 248, §§ 1-3.

A.C.R.C. Notes. References to “this chapter” in subchapters 1-5, 7-9 and §§ 6-61-6016-61-603 may not apply to this section which was enacted subsequently.

Subchapter 7 — Rich Mountain Community College

A.C.R.C. Notes. Acts 1991, No. 640, § 10, provided:

“The Rich Mountain Community College shall be exempt from the provisions of Arkansas Code § 19-4-1707 to the extent that the Rich Mountain Community College shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with the Rich Mountain Community College does not exceed 25% of that required for a full time employee.”

Effective Dates. Acts 1983, No. 16, § 5: Feb. 2, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that the State Board of Higher Education, acting in its capacity as a State Community College Board, has conducted studies and has given its approval to the establishment of a community college district in Polk County, Arkansas, conditioned upon the electors of said County voting in favor thereof and levying sufficient millage to provide the monies necessary for the construction of buildings and facilities required by the district; that the State Board of Higher Education has determined it would be in the best interest of a community college district established in Polk County, if established, that the Mena off-campus Branch program of Henderson State University now operated in Mena, Polk County, Arkansas, be terminated in the event said district is created, and, that the educational and technical training needs of the area to be served by said community college could best be met by transferring the properties, buildings, and facilities, and the monies provided for the operation of the Rich Mountain Vocational-Technical School to the community college district in Polk County, to be operated as a vocational-technical program of said district; and that the creation of said district is dependent upon the passage of this Act, in order that the electors of Polk County may, in the manner provided by law, file petitions for a special election on the question of creating said community college district, and that the immediate passage of this Act is necessary to implement the recommendations of the State Board of Higher Education, and to authorize the holding of an election on the question of creating said community college district in Polk County without further delay, to meet the educational and technical training needs of the area to be served. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1989 (1st Ex. Sess.), No. 281, § 10: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

6-61-701. Legislative findings and purpose.

  1. In the passage of this subchapter, the General Assembly is cognizant of the fact that the Arkansas Higher Education Coordinating Board, acting under the authority of §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-211 [repealed], 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-501 — 6-61-524, 6-61-601 — 6-61-603, and 6-61-604 — 6-61-612 [repealed] and under criteria and standards promulgated thereunder for the establishment of community college districts, has, at the request of interested citizens of Polk County, Arkansas, made a study and has given its approval for the establishment of a community college in Mena, Polk County, Arkansas, if the electors of Polk County vote to establish the district in the manner provided by law and approve a levy of tax deemed by the board to be necessary for providing buildings and other facilities necessary for the operation of the community college.
  2. In order to meet the postsecondary educational needs of the area to be served by a Polk County community college, the Arkansas Higher Education Coordinating Board, acting in its capacity as the State Community College Board, has determined that the establishment of a community college district in Polk County should be conditioned upon the assumption by the community college of the off-campus branch instruction now being provided citizens of the area through the Mena Off-Campus Branch of Henderson State University and that the funds now allocated to the operation of the Henderson State University, Mena Off-Campus Branch, be allocated to and made available for the operation of the community college established in Polk County, and has further provided that the Rich Mountain Vocational-Technical School operated by the Department of Career Education be taken over and operated by the Polk County community college, with all properties, furniture, equipment, personnel, and funds now provided for the operation of the Rich Mountain Vocational-Technical School to be turned over to the community college district established in Polk County, to be used in the operation of a vocational-technical program by the community college.
  3. The purpose of this subchapter is to authorize the appropriate officials of the State of Arkansas to take the necessary steps to implement the aforementioned recommendations of the Arkansas Higher Education Coordinating Board, which are conditions for the establishment of a community college district in the event a majority of the electors of Polk County voting on the issue vote “for” the establishment of a community college district in Polk County.

History. Acts 1983, No. 16, § 1; A.S.A. 1947, § 80-4911n.

Publisher's Notes. The establishment of the district and the tax levy, referred to in this section, were approved by the electors.

6-61-702. Definition — Name of district and college.

  1. Whenever the term “Polk County community college district”, “the Polk County community college”, or “the Polk County community college district board” is used in this subchapter, the term is used solely for the purpose of referring to a community college district to be established in Polk County in the manner provided by law and is not intended to establish the legal name of the community college district or of the community college itself.
  2. The community college district shall bear such name as proposed therefor in the petition filed by the electors of Polk County calling for an election on the question of creating the community college district, and the name of the institution operated by the community college district shall be selected by the board of trustees of the district subject to approval thereof by the Arkansas Higher Education Coordinating Board.

History. Acts 1983, No. 16, § 1; A.S.A. 1947, § 80-4911n.

Publisher's Notes. The Polk County community college established pursuant to this subchapter is named “Rich Mountain Community College.”

6-61-703. Subchapter cumulative.

The provisions of this subchapter shall be cumulative to the laws of this state governing the creation and operation of community colleges and vocational-technical school programs operated by community colleges.

History. Acts 1983, No. 16, § 4; A.S.A. 1947, § 80-4911n.

6-61-704. Transfer of title to certain land.

Title to the following-described lands in Polk County, State of Arkansas, belonging to the State Board of Career Education and Career Opportunities and used for the operation of the Rich Mountain Vocational-Technical School, is transferred to and shall become the property of the board of trustees of the community college district established in Polk County, to be used in connection with the vocational-technical programs and educational programs of such community college: “The Northwest Quarter of the Southeast Quarter (NW ¼ of SE ¼) of Section Eight (8), Township Two (2) South, of Range Thirty (30) West, containing forty (40) acres, more or less, in Polk County, Arkansas, subject to the reservation of a twenty-five foot (25') strip of land off of the north side of the tract, for roadway purposes.”

History. Acts 1983, No. 16, § 2; A.S.A. 1947, § 80-4911n.

Publisher's Notes. Acts 1983, No. 16, § 2, provided, in part, that, following the election approving the establishment of a Polk County community college district and a tax assessment for the construction and operation of such a community college, the Director of the Department of Higher Education would certify to certain officials that a community college district had been established and that the board of the district had been selected and organized to assume the control and management of the district. The transfer by warranty deed of the property described in this section was to occur within ten (10) days after receipt of the certification although failure to furnish the deed would not nullify the transfer of the property.

Additionally, § 2 provided for the transfer of all buildings, fixtures, improvements, and personal property of, and funds appropriated for, the Rich Mountain Vocational-Technical School and the Mena Branch off-campus program of Henderson State University to the Polk County community college. The section further provided that any leases, rental agreements, or other contractual obligations of Henderson State University in connection with the Mena Branch off-campus program would be assumed by the Polk County community college district for the remainder of the unexpired portions of the leases or contracts.

6-61-705. Operation as a comprehensive institution.

The community college in Polk County shall be operated as a comprehensive institution providing community college and vocational-technical instruction and programs in the same manner as provided by law as other community colleges of this state under the jurisdiction of the State Community College Board.

History. Acts 1983, No. 16, § 3; A.S.A. 1947, § 80-4911n.

6-61-706. Employees.

    1. If the presidents and the boards of trustees of the community college in Polk County and Henderson State University determine that it would be in the best interest of the educational programs of the community college that employees of Henderson State University assigned to the Mena Off-Campus Branch of the university continue to provide educational services until the community college can employ sufficient staff to take over the operation of the educational program of the community college, the boards of trustees may enter into necessary contracts and agreements to provide for the orderly transition of the taking-over of the educational programs of the community college by its board of trustees.
    2. The contracts and agreements may also include the necessary financial agreements for payments to be made by the community college to Henderson State University for services rendered to the community college during the transition period.
    3. The agreements may include the employment by the community college in Polk County of staff persons of Henderson State University engaged in teaching and instructional duties at the Mena Off-Campus Branch of Henderson State University at the time of the implementation of the operation of the community college or may include agreements for the community college to contract with Henderson State University for the providing of the educational and training services of such instructors under such financial agreements as may be mutually agreed to by the respective institutions.
    1. Employees of Henderson State University whose services are contracted to the community college in Polk County for teaching duties during the transition period shall continue to participate in the retirement systems, as authorized by law, for Henderson State University during the period of the contract services, but in the event any such employee terminates service with Henderson State University and is employed by the community college district, the employee shall be eligible to become a member of, and participate in, a retirement plan, as authorized by law, for the community college district.
    2. Other employees of the vocational-technical program of the community college established in Polk County who were not employees of the Rich Mountain Vocational-Technical School at the time of the transfer of the school to the community college shall be eligible to participate in such retirement plans as are operated by the community college, as authorized by law.

History. Acts 1983, No. 16, §§ 2, 3; A.S.A. 1947, § 80-4911n.

6-61-707. [Repealed.]

Publisher's Notes. This section, concerning a housing allowance for the Rich Mountain Community College president, was repealed by Acts 1995, No. 70, § 4. The section was derived from Acts 1989 (1st Ex. Sess.), No. 281, § 5.

For present law, see § 6-61-525.

6-61-708. Building trades construction program.

Rich Mountain Community College is hereby authorized to participate in a building trades construction program as may be authorized, and under the same restriction provided, by laws for the area vocational and technical schools. Funding for such programs shall be only from revenues received by Rich Mountain Community College that are not required by law to be deposited in the State Treasury.

History. Acts 1989 (1st Ex. Sess.), No. 281, § 6.

A.C.R.C. Notes. Former § 6-61-708, concerning building trades construction program, is deemed to be superseded by this section. The former section was derived from Acts 1987, No. 746, § 6.

References to “this chapter” in subchapters 1-6, 8, and 9 and references to “this chapter” and “this subchapter” in §§ 6-61-7016-61-706 may not apply to this section which was enacted subsequently.

Subchapter 8 — Arkansas Research Development Act

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-61-801. Title.

This subchapter may be cited as the “Arkansas Research Development Act”.

History. Acts 1985, No. 583, § 1; A.S.A. 1947, § 80-4928.

6-61-802. Intent.

It is the intent of this subchapter to provide a source of funding to established research groups in publicly supported universities in this state in order to secure long-term benefits for such groups so that they may become recognized as leaders in their fields of endeavor and thereby attract outstanding scientists to this state as well as industries which rely upon scientific support.

History. Acts 1985, No. 583, § 2; A.S.A. 1947, § 80-4929.

6-61-803. Arkansas Research Development Program created — Administration.

There is created a program to be known as the “Arkansas Research Development Program”, which shall be administered by the Director of the Division of Higher Education.

History. Acts 1985, No. 583, § 3; A.S.A. 1947, § 80-4930; Acts 1991, No. 343, § 4; 2019, No. 910, § 1989.

Amendments. The 2019 amendment substituted “Director of the Division of Higher Education” for “Director of the Department of Higher Education”.

6-61-804 — 6-61-806. [Repealed.]

Publisher's Notes. These sections, concerning the Board of Advisors, were repealed by Acts 1991, No. 343, § 4. They were derived from the following sources:

6-61-804. Acts 1985, No. 583, §§ 3, 4; A.S.A. 1947, §§ 80-4930, 80-4931.

6-61-805. Acts 1985, No. 583, § 3; A.S.A. 1947, § 80-4930.

6-61-806. Acts 1985, No. 583, § 4; A.S.A. 1947, § 80-4931.

6-61-807. Funds — Uses.

Funds may be made available for administration of the Arkansas Research Development Program, for purchasing state-of-the-art equipment, for minor renovation of laboratory space, for publication of findings, for employing scientists or research assistants, and for providing any other assistance to scientists in order to develop a continuing research capacity in this state which is recognized by other scientists as exemplary.

History. Acts 1985, No. 583, § 2; A.S.A. 1947, § 80-4929.

6-61-808. Applications for funds.

  1. Application for the funds provided for the Arkansas Research Development Program may be made by any publicly supported university in the State of Arkansas.
    1. The Director of the Division of Higher Education shall review the applications and shall approve applications in the amount he or she determines appropriate, after seeking the advice of the Legislative Council.
    2. The director shall prepare a voucher in the name of the successful applicant in the amount approved by the director.
  2. In determining the successful applicant, the director shall ensure that the funds will be used to:
    1. Assist the state in its competition with other states and communities in attracting technology-based industry or in strengthening such industries currently in the state;
    2. Develop a continuous research and development program such that high quality research capability is available to high-technology industries; and
    3. Assist established and relatively successful research programs to gain national or regional recognition.

History. Acts 1985, No. 583, § 4; A.S.A. 1947, § 80-4931; Acts 1991, No. 343, § 4; 2019, No. 910, § 1990.

Amendments. The 2019 amendment substituted “Director of the Division of Higher Education” for “Director of the Department of Higher Education” in (b)(1).

6-61-809. [Repealed.]

Publisher's Notes. This section, concerning disbursement of funds, was repealed by Acts 1991, No. 343, § 4. The section was derived from Acts 1985, No. 583, § 4; A.S.A. 1947, § 80-4931.

Subchapter 9 — Office of Accountability

Effective Dates. Acts 1997, No. 112, § 40: Feb. 7, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 10 of the First Extraordinary Session of 1995 abolished the Joint Interim Committee on Education and in its place established the House Interim Committee and Senate Interim Committee on Education; that various sections of the Arkansas Code refer to the Joint Interim Committee on Education and should be corrected to refer to the House and Senate Interim Committees on Education; that this act so provides; and that this act should go into effect immediately in order to make the laws compatible as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-61-901. Purpose.

In order to enhance the public's access to performance indicators and to better measure the dividends paid on the increasing public investment in Arkansas's institutions of higher education, the General Assembly finds that a separate office of accountability should be established within the Division of Higher Education.

History. Acts 1991, No. 856, § 1; 1997, No. 112, § 18; 1999, No. 479, § 2; 2019, No. 910, § 1991.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education”.

6-61-902. Office of Accountability within Division of Higher Education.

  1. There is created the Office of Accountability within the Division of Higher Education.
  2. The office is authorized and directed to collect and analyze information that may be required to meet any state or federal requirement.
  3. Under the direction of the Director of the Division of Higher Education, the staff of the office shall work cooperatively with and provide any necessary assistance to the House Committee on Education and the Senate Committee on Education.

History. Acts 1991, No. 856, § 2; 1999, No. 479, § 3; 2019, No. 910, § 1992.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in the section heading, (a), and (c).

6-61-903 — 6-61-905. [Repealed.]

Publisher's Notes. These sections, concerning duties, reports, cooperation with legislative committees, and the advisory committee, were repealed by Acts 1999, No. 479, §§ 4-6. They were derived from the following sources:

6-61-903. Acts 1991, No. 856, § 3.

6-61-904. Acts 1991, No. 856, § 4.

6-61-905. Acts 1991, No. 856, § 5.

Subchapter 10 — Technical College and Community College Capital Improvement Act of 1993

A.C.R.C. Notes. References to “this chapter” in subchapters 1-9 may not apply to this subchapter which was enacted subsequently.

Effective Dates. Acts 1993, No. 374, § 19: Mar. 5, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly that technical colleges and community colleges are necessary components of higher education in Arkansas in order for quality educational programs to be available in all areas of the state and to all people; that the technical and community colleges must achieve accreditation from the North Central Association — Commission on Institutions of Higher Education by 1997 or they will be abolished by the State Board of Higher Education; that in order to achieve accreditation, new sources for funding capital outlay expenses for technical colleges, as well as an improvement in the method whereby community colleges can issue bonds, must be found at once; that it is necessary for this act to become effective immediately so that Arkansas technical and community colleges can be fully accredited before the 1997 deadline. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

6-61-1001. Title.

This subchapter shall be known as and may be cited as the “Technical College and Community College Capital Improvement Act of 1993”.

History. Acts 1993, No. 374, § 1.

6-61-1002. Definitions.

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

  1. “Board of trustees” means the local board of trustees of a technical or a community college that is a member of the Arkansas Technical and Community College System under the coordination of the Arkansas Higher Education Coordinating Board;
  2. “Bonds” means any evidence of indebtedness issued by a board of trustees pursuant to this subchapter;
  3. “Capital improvements” means the construction, repair, or renovation of buildings, including, without limitation, laboratories, libraries, portable classrooms, special events centers, training facilities, student housing, parking facilities, theaters, meeting halls, dining facilities, and administrative offices; the purchase of existing buildings or structures; the renovation or demolition of existing structures; the purchase of sites for the construction of capital improvements; the purchase of equipment, apparatus, or library materials for any facilities used by the technical college or the community college; any improvement that may be the subject of a capital outlay expense as defined in § 6-53-103(2); or any other improvements that a board of trustees deems reasonable and necessary for the development of the technical college or the community college;
  4. “Community college” means a two-year institution of higher education established pursuant to §§ 6-61-101 — 6-61-103, 6-61-201 — 6-61-209, 6-61-211 [repealed], 6-61-212 — 6-61-216, 6-61-301 — 6-61-305, 6-61-306 [repealed], 6-61-401, 6-61-402, 6-61-501 — 6-61-524, 6-61-601 — 6-61-603, and 6-61-604 — 6-61-612 [repealed] and the Two-Year Postsecondary Education Reorganization Act of 1991, § 6-53-101 et seq., and a member of the Arkansas Technical and Community College System under the coordination of the Arkansas Higher Education Coordinating Board;
  5. “Costs of issuance” means all costs associated with the issuance of bonds, including, without limitation, printing, publication, and notice expenses; the fees and expenses of trustees and paying agents; and the fees and expenses of financial advisors, underwriters, attorneys, consultants, and other professionals engaged to assist a board of trustees in issuing bonds;
  6. “Debt service” means the payment of principal, interest, redemption premiums, if any, the fees of trustees and paying agents, and servicing fees relating to the bonds;
  7. “Project” means the development, construction, or acquisition of any capital improvement authorized by this subchapter;
  8. “Project costs” means all or any part of the costs of developing any project hereunder, and all or any part of costs incidental thereto, including, without limitation, planning, design, and engineering fees and expenses, payment of capitalized interest, and the funding of appropriate reserves;
  9. “State” means the State of Arkansas;
  10. “State board” means the Arkansas Higher Education Coordinating Board; and
  11. “Technical college” means a two-year institution of higher education established pursuant to the Two-Year Postsecondary Education Reorganization Act of 1991, § 6-53-101 et seq., or § 6-54-101 et seq., and a member of the Arkansas Technical and Community College System under the coordination of the Arkansas Higher Education Coordinating Board.

History. Acts 1993, No. 374, § 2.

6-61-1003. Issuance of bonds.

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

  1. The gross tolls, fees, rents, and other charges to be derived as income from the project;
  2. Any surplus not pledged of the gross tolls, fees, rents, and other charges to be derived from other projects financed in whole or in part by bonds issued by the board;
  3. All or any part of revenues derived from any auxiliary enterprise authorized by law;
  4. Tuition and fees collected from students;
  5. All or any part of the proceeds of any tax or special millage now or hereafter approved by the General Assembly for the accomplishment of the purposes of this subchapter;
  6. All or any part of the revenues described in § 6-53-207(d) and (e) and § 6-61-603(b); and
    1. Any funds received from the United States, or any department or agency thereof, pursuant to any act of the United States Congress, providing for grants or payments to educational institutions in connection with, or in any way pertaining to, the financing of acquiring lands and constructing and equipping buildings and improvements thereon.
    2. In regard to the funds referred to in subdivision (7)(A) of this section, the board of trustees is authorized to take such action, comply with such terms and conditions, and execute such agreements as may be necessary to apply for, receive, pledge, or use such funds for the purposes specified in this subchapter or any other lawful purpose.

History. Acts 1993, No. 374, § 5.

6-61-1004. Authorization of bond issue — Terms of authorizing resolution.

  1. The bonds shall be authorized by resolution of the board of trustees of the technical college or the community college.
  2. The authorizing resolution may contain terms, covenants, and conditions that are deemed desirable by the board of trustees, including, without limitation, provisions:
    1. Authorizing the issuance of bonds in series from time to time;
    2. Pertaining to the custody and application of bond proceeds;
    3. Pertaining to the maintenance of various funds and reserves;
    4. Pertaining to the collection, depositing, securing, and disbursing of tax proceeds and other revenues;
    5. Pertaining to the nature and extent of the security; and
    6. Pertaining to the rights, duties, and obligations of the board and the holders and registered owners of the bonds.

History. Acts 1993, No. 374, § 7.

6-61-1005. Additional terms of authorizing resolution.

  1. The authorizing resolution may provide for the execution by the board of trustees of the technical college or the community college with a bank or trust company within or without the State of Arkansas of a trust indenture.
  2. The trust indenture may contain terms, covenants, and conditions that are deemed desirable by the board of trustees, including, without limitation, provisions:
    1. Authorizing the issuance of bonds in series from time to time;
    2. Pertaining to the custody and application of bond proceeds;
    3. Pertaining to the maintenance of various funds and reserves;
    4. Pertaining to the collection, depositing, securing, and disbursing of tax proceeds and other revenues;
    5. Pertaining to the nature and extent of the security; and
    6. Pertaining to the rights, duties, and obligations of the local board, the trustees, and the holders and registered owners of the bonds.

History. Acts 1993, No. 374, § 9; 1995, No. 1296, § 34.

6-61-1006. Signature on bonds.

Bonds shall be executed by the manual or facsimile signature of the chair and secretary of the board of trustees of a technical college or a community college. In case an officer whose signature appears on the bonds shall cease to be an officer before the delivery date of the bonds, his or her signature shall nevertheless be valid and sufficient for all purposes.

History. Acts 1993, No. 374, § 10.

6-61-1007. Interest on bonds.

The bonds shall be registrable as to principal and interest, and the bonds may be in such form and denominations, may have such date or dates, may mature at such time or times not exceeding thirty (30) years from their date of issuance, may bear interest payable on such dates and at such rate or rates not exceeding the maximum rate allowed by law, may be payable at such place or places within or without the State of Arkansas, may be subject to such terms of redemption in advance of maturity at such prices, including such premiums, and may contain such terms and provisions, all as the board of trustees of the technical college or the community college shall specify in the authorizing resolution or in the trust indenture authorized by § 6-61-1005.

History. Acts 1993, No. 374, § 8.

6-61-1008. Sale of bonds.

  1. Bonds issued pursuant to this subchapter may be sold by negotiation or at public sale, as shall be determined by the board of trustees.
  2. If the bonds are sold by negotiation, the board of trustees is authorized to enter a bond purchase agreement upon such terms regarding discount and underwriting fees and at such interest rates as the board shall determine in the exercise of its reasonable discretion.
  3. If the bonds are sold at public sale, notice of such public sale shall be published in a newspaper of general circulation throughout the state at least twenty (20) days prior to the date of sale, and the sale of the bonds shall be awarded to the bidder whose bid results in the lowest net interest cost, taking into account any premium or discount contained in such bid.

History. Acts 1993, No. 374, § 11.

6-61-1009. Liability.

  1. The bonds shall be revenue bonds secured solely by the revenues pledged thereto, and in no event shall they be considered a debt for which the faith and credit of the State of Arkansas or any of its revenues are pledged.
  2. No member of any board shall be personally liable for the notes or bonds or for any damages sustained by anyone in connection with contracts for loans or the construction of the buildings, unless it shall be made to appear that he or she has acted with a corrupt intent.

History. Acts 1993, No. 374, § 12.

6-61-1010. Authority of Arkansas Higher Education Coordinating Board.

  1. The board of trustees shall not issue any bonds under the provisions of this subchapter unless, prior to the issuance of such notes or bonds, the board shall have obtained the advice of the Arkansas Higher Education Coordinating Board as to the economic feasibility of the particular project to be financed, in whole or in part, by those bonds.
  2. The board of trustees shall submit to the Arkansas Higher Education Coordinating Board information pertaining to the proposed project and other information deemed pertinent to, and requested by, the Arkansas Higher Education Coordinating Board.
  3. The Arkansas Higher Education Coordinating Board shall notify the board of trustees within thirty (30) days from the date the information is submitted to the Arkansas Higher Education Coordinating Board of its advice with respect to the economic feasibility of the particular project.
  4. The advice of the Arkansas Higher Education Coordinating Board under this section shall not be binding on the board of trustees.
  5. The authority conferred upon the Arkansas Higher Education Coordinating Board by this section shall not extend to the feasibility of the bonds proposed to be issued by the board of trustees or to any of the terms, conditions, and provisions thereof, and this section shall not be construed to impair in any way the validity of any bonds issued by the board of trustees under this subchapter or to impair or affect in any way the obligations of the board of trustees or the rights of any holder or registered owner of the bonds.

History. Acts 1993, No. 374, § 6.

6-61-1011. Authority of board of trustees — Issuance of bonds.

  1. For the purpose of and in connection with the issuance of bonds, the board of trustees may execute such documents and enter into such agreements as it may deem necessary or proper in connection therewith.
    1. Any agreement entered into by the board of trustees shall be binding in all respects upon the board of trustees and their successors from time to time in accordance with the terms and all of the provisions of the agreement.
    2. The terms and provisions shall be enforceable by appropriate proceedings at law or in equity, or otherwise, provided no mortgage or other lien shall be executed on any of the lands or buildings belonging to the State of Arkansas.

History. Acts 1993, No. 374, § 13.

6-61-1012. Authority of board of trustees — Financing a project.

The board of trustees is authorized and empowered to enter into the necessary contracts for the borrowing of all or any part of the funds that the board may determine will be required in connection with the financing of a project.

History. Acts 1993, No. 374, § 3.

6-61-1013. Authority of board of trustees — Refunding bonds.

  1. The board of trustees has the power to and is authorized to refinance, in whole or in part, from time to time, its valid outstanding obligations issued under this subchapter and any amendments hereto.
    1. To that end, the board of trustees may issue refunding bonds.
    2. This power may be exercised successively, and any obligations which have once been refunded may thereafter from time to time be refunded.
    3. Refunding bonds shall be issued in the same manner as provided in this subchapter for original obligations.

History. Acts 1993, No. 374, § 14.

6-61-1014. Authority of board of trustees — Use of available funds.

The board of trustees is authorized to utilize any funds available to finance temporarily all or any part of the project and to make reimbursement of the funds from the proceeds of the sale of any bonds issued to finance a project permanently.

History. Acts 1993, No. 374, § 4.

Subchapter 11 — University of Arkansas at Fort Smith

A.C.R.C. Notes. References to “this chapter” in subchapters 1-9 may not apply to this subchapter which was enacted subsequently.

Effective Dates. Acts 1997, No. 740, § 15: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1997 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1997.”

Acts 2003, No. 1473, § 74: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act includes technical corrects to Act 923 of 2003 which establishes the classification and compensation levels of state employees covered by the provisions of the Uniform Classification and Compensation Act; that Act 923 of 2003 will become effective on July 1, 2003; and that to avoid confusion this act must also effective on July 1, 2003. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

6-61-1101 — 6-61-1103. [Repealed.]

Publisher's Notes. These sections, concerning Westark Community College's special status, were repealed by Acts 2003, No. 1473, §§ 8-10. The sections were derived from the following sources:

6-61-1101. Acts 1997, No. 971, § 1.

6-61-1102. Acts 1997, No. 971, § 2.

6-61-1103. Acts 1997, No. 971, § 2.

6-61-1104. [Repealed.]

Publisher's Notes. This section, concerning Westark Community College's baccalaureate degree programs, was repealed by Acts 2003, No. 1473, § 11. The section was derived from Acts 1997, No. 740, § 7; 1997, No. 971, § 3; 1999, No. 459, § 7.

6-61-1105. Model programs.

  1. The University of Arkansas at Fort Smith shall seek a systemic change in the current higher education model by realigning its programs to a model that meets the needs of an information-driven and technology-driven era.
    1. Each educational program offered by the University of Arkansas at Fort Smith, whether certificate, associate, or bachelor's degree, will have clearly defined expectations of learners in terms of knowledge, skills, competencies, and capacities for further learning.
    2. Certification of mastery, competency, and demonstrated capacities for individual graduates to customer standards will be required, as opposed to outcomes measured solely by the number of courses taken, seat time, and grade point average.
    3. Students will be actively involved in the learning process, with curricula designed around fewer lectures and with more responsibility placed on the learner and groups of learners.

History. Acts 1997, No. 971, § 4.

6-61-1106. Employment models.

In order to accommodate the development and delivery of curricula, the University of Arkansas at Fort Smith is hereby authorized to experiment with and to utilize employment models other than tenure such as the employment of new faculty on a twelve-month, forty-hour-week basis, with rewards for administrative staff and faculty based upon results.

History. Acts 1997, No. 740, § 8; 1997, No. 971, § 5.

6-61-1107. [Repealed.]

Publisher's Notes. This section, concerning Westark Community College's administration, was repealed by Acts 2003, No. 1473, § 12. The section was derived from Acts 1997, No. 740, § 9; 1997, No. 971, § 6; 1999, No. 459, § 9.

6-61-1108. Sports programs.

  1. The University of Arkansas at Fort Smith's participation in intercollegiate athletic programs shall continue to be limited to basketball, volleyball, and spring sports, except as provided in subsection (b) of this section.
  2. The university may participate in an intercollegiate football program provided that state funds, either directly or indirectly, or funds derived from property taxes or student fees are not expended to support the program.

History. Acts 1997, No. 971, § 7; 2001, No. 1649, § 2.

Subchapter 12 — Southwest Arkansas Higher Education Consortium

Effective Dates. Acts 1997, No. 845, § 8: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1997 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1997.”

Acts 2016, No. 141, § 15: July 1, 2016. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2016 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2016 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2016.”

6-61-1201. [Repealed.]

Publisher's Notes. This subchapter, concerning the Southwest Arkansas Higher Education Consortium, was repealed by Acts 2019, No. 256, § 4, effective July 24, 2019. The subchapter was derived from the following sources:

6-61-1201. Acts 1997, No. 845, § 2; 2016, No. 141, § 7.

Subchapter 13 — Productivity Enhancement for Undergraduate Higher Education Act

6-61-1301 — 6-61-1312. [Repealed.]

A.C.R.C. Notes. The repeal of this subchapter by Acts 2019, No. 256, § 5, superseded the amendment of § 6-61-1303 by Acts 2019, No. 910, § 1993. The amendment by Acts 2019, No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (4)(C).

Publisher's Notes. This subchapter, concerning the Productivity Enhancement for Undergraduate Higher Education Act, was repealed by Acts 2019, No. 256, § 5, effective July 24, 2019. The subchapter was derived from the following sources:

6-61-1301. Acts 2007, No. 1592, § 1.

6-61-1302. Acts 2007, No. 1592, § 1.

6-61-1303. Acts 2007, No. 1592, § 1; 2019, No. 910, § 1993.

6-61-1304. Acts 2007, No. 1592, § 1.

6-61-1305. Acts 2007, No. 1592, § 1.

6-61-1306. Acts 2007, No. 1592, § 1.

6-61-1307. Acts 2007, No. 1592, § 1.

6-61-1308. Acts 2007, No. 1592, § 1.

6-61-1309. Acts 2007, No. 1592, § 1.

6-61-1310. Acts 2007, No. 1592, § 1.

6-61-1311. Acts 2007, No. 1592, § 1.

6-61-1312. Acts 2007, No. 1592, § 1.

Subchapter 14 — Common Course Numbering System

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-61-1401. Purpose.

The Arkansas Higher Education Coordinating Board, in collaboration with all state-supported institutions of higher education, shall implement a statewide common course numbering system that:

  1. Provides improved program planning;
  2. Increases communication among all delivery systems;
  3. Facilitates the transfer of students and credits between state-supported institutions of higher education; and
  4. Promotes consistency in course designation and identification.

History. Acts 2011, No. 747, § 5.

6-61-1402. Courses included in the common course numbering system.

    1. The Arkansas Higher Education Coordinating Board, in collaboration with all state-supported institutions of higher education, shall develop and approve a statewide common course numbering system for lower-division general education courses found within the Arkansas Course Transfer System.
    2. A state-supported institution of higher education that is not in full compliance with this subchapter shall not be eligible to accept state aid from the Higher Education Grants Fund Account on behalf of a student.
    1. A course designated as an upper-division course level may be offered by any four-year state-supported institution of higher education and shall be characterized by a need for advanced academic preparation and skills that a student would be unlikely to achieve without significant prior coursework.
    2. Upper-division courses are not required to be included in the common course numbering system.
  1. A course designated as a lower-division course level may be offered by any state-supported institution of higher education.
  2. The common course numbering system shall include the thirty-five-hour general education core and major program prerequisites that are included in the state minimum core curriculum under § 6-61-231.

History. Acts 2011, No. 747, § 5.

6-61-1403. Additions or alterations.

  1. The Director of the Division of Higher Education shall recommend to the Arkansas Higher Education Coordinating Board any additions or alterations to the common course numbering system.
  2. The board, with input from the Presidents Council, shall consider the recommended additions and alterations to the common course numbering system.
  3. The board may adopt or refuse to adopt suggested additions or alterations to the common course numbering system.

History. Acts 2011, No. 747, § 5; 2019, No. 910, § 1994.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a).

6-61-1404. Course listings.

Each state-supported institution of higher education shall include the common course numbers approved by the Arkansas Higher Education Coordinating Board in all:

  1. Course listings;
  2. Course documents;
  3. Catalogs;
  4. Websites; and
  5. Other published materials that designate course listings.

History. Acts 2011, No. 747, § 5.

6-61-1405. Participation by institutions of higher education that are not state-supported.

An institution of higher education that is not state-supported may participate in the common course numbering system if the institution has approved courses listed in the state minimum core curriculum under § 6-61-231.

History. Acts 2011, No. 747, § 5.

6-61-1406. Courses review.

The Division of Higher Education shall:

  1. Regularly schedule reviews of courses that are listed in the common course numbering system;
  2. Establish review procedures; and
  3. Adopt policies to carry out this section.

History. Acts 2011, No. 747, § 5; 2019, No. 910, § 1995.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in the introductory language.

6-61-1407. Data collection.

  1. The Division of Higher Education shall adopt policies for the collection of data to ensure that all institutions of higher education that participate in the common course numbering system comply with this subchapter.
  2. The division shall determine the data to be collected and annually notify each participating institution of higher education in a timely manner.

History. Acts 2011, No. 747, § 5; 2019, No. 910, § 1996.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a); and substituted “division” for “department” in (b).

Subchapter 15 — Electrical Energy Advancement Program

A.C.R.C. Notes. References to “this chapter” in subchapters 1-9 may not apply to this subchapter which was enacted subsequently.

Acts 2011, No. 1232, § 1, effective July 27, 2011, provided: “Legislative intent.

“(a) The purpose of this subchapter is to provide state support for the Electrical Energy Advancement Program for institutions of higher education.

“(b) The General Assembly finds that the Electrical Energy Advancement Program:

“(1) Is identified as a key competency for Arkansas in the Battelle study commissioned by the Arkansas Research Alliance;

“(2) Will focus on education, research, and economic development in the electrical energy sector to capitalize on one (1) of Arkansas's core technology competencies;

“(3) Is vital to the economic development of Arkansas; and

“(4) Is expected to be a source of tremendous job growth within Arkansas over the next decade.”

Acts 2011, No. 1232, § 4; July 27, 2011, provided: “The provisions of this act shall expire six (6) years from the effective date of the act unless extended by the General Assembly.”

Effective Dates. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 153: July 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Building Authority, the Arkansas Science and Technology Authority, the Department of Rural Services, and the Division of Land Surveys of the Arkansas Agriculture Department are inefficiently structured; that this inefficient structuring causes an excessive and unnecessary cost to the taxpayers of the this state; and that this act is essential to alleviating that financial burden. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2015.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-61-1501. Arkansas Statewide Energy Consortium.

  1. There is created the Arkansas Statewide Energy Consortium consisting of the:
    1. University of Arkansas, Fayetteville;
    2. University of Arkansas, Little Rock; and
    3. Arkansas State University, Jonesboro.
    1. The consortium shall be headquartered at the University of Arkansas, Fayetteville, National Center for Reliable Electric Power Transmission.
    2. The University of Arkansas, Fayetteville, shall administer the Electrical Energy Advancement Program Fund.

History. Acts 2011, No. 1232, § 2.

6-61-1502. Electrical Energy Advancement Program Fund Board.

  1. The Electrical Energy Advancement Program Fund Board is created to make recommendations to the Arkansas Statewide Energy Consortium regarding the allocation of funds for the programs approved under this subchapter.
  2. The board is composed of fifteen (15) members as follows:
      1. The Executive Director of the National Center for Reliable Electric Power Transmission or the executive director's designee, who shall serve as chair of the board and represent the University of Arkansas at Fayetteville.
      2. The chair shall be a regular voting member with one (1) vote;
    1. Seven (7) of the members from the private electrical energy sector;
    2. Three (3) of the members from the United States Department of Energy national laboratories;
    3. One (1) member who is designated by Arkansas State University;
    4. One (1) member who is designated by the University of Arkansas at Little Rock;
    5. The Director of the Arkansas Economic Development Commission or his or her designee; and
    6. One (1) member who is designated by the Arkansas Public Service Commission.
    1. Each private electrical energy sector member of the board shall:
        1. Be from an organization that is:
          1. Involved in the generation, transmission, or distribution of electricity; or
          2. Engaged in the design or manufacturing of electrical equipment for the generation, transmission, distribution, or power conversion of electricity including electrified transportation.
        2. An individual under this subdivision (c)(1)(A) shall have experience managing an organization that meets the description of this subdivision (c)(1)(A); and
      1. Have obtained at least an undergraduate degree from a four-year institution of higher education in science or engineering.
    2. Each national laboratory member of the board shall:
      1. Be from a national laboratory group directly involved in the research and development of advanced technologies for the electric power grid; and
      2. Have obtained at least an undergraduate degree from a four-year institution of higher education in science or engineering.
    1. The chair shall seek nominations for the initial list of private electrical energy sector and national laboratory board members from:
      1. Each member of the board who is not from the private electrical energy sector or a national laboratory; and
      2. The Governor.
    2. From the recommendations, the chair will nominate the initial private electrical energy sector and national laboratory board members to the balance of the board for consideration and appointment to the board.
    1. Except for the initial terms identified under this subsection, each private electrical energy sector and national laboratory board member shall serve a four-year term, with a maximum of two (2) consecutive four-year terms.
    2. The initial terms of the private electrical energy sector board members shall be as follows:
      1. One (1) member shall serve a one-year term;
      2. Two (2) members shall serve a two-year term;
      3. Two (2) members shall serve a three-year term; and
      4. Two (2) members shall serve a four-year term.
    3. The initial terms of the national laboratory board members shall be as follows:
      1. One (1) member shall serve a two-year term;
      2. One (1) member shall serve a three-year term; and
      3. One (1) member shall serve a four-year term.
    4. The chair shall determine the terms of the initial private and national laboratory members of the board.
    5. Each member may be reappointed from time to time thereafter to serve no more than a maximum of eight (8) consecutive years including his or her initial term.
  3. Successors to the initial private electrical energy sector and national laboratory board members shall be nominated by the chair upon recommendation by the board.
  4. Members of the board who are not private electrical energy sector or national laboratory board members shall serve at the pleasure of the entities where they are employed.
    1. The chair shall call the first meeting of the board not less than three (3) months after funding is received in the Electrical Energy Advancement Program Fund.
    2. Subsequent meetings shall be held on the call of the chair and shall convene at the National Center for Reliable Electric Power Transmission.
  5. A quorum shall consist of not less than a majority of the voting membership of the board, and the affirmative vote of that number is necessary for the disposition of the board's business.
    1. Members of the board shall receive no pay for services with respect to attendance at each regular or special meeting of the board.
      1. However, if funds are appropriated for the purpose and subject to board approval, members are entitled to reimbursement under § 25-16-902 for each day the board is in session.
      2. Reimbursement is in an amount equal to the maximum daily allowance for meals and lodging paid as provided by law to a state employee for in-state travel plus mileage at the rate per mile provided by law for the reimbursement of mileage expense for state employees for travel from their homes to the place of the meeting and their return.
  6. The National Center for Reliable Electric Power Transmission shall provide staff for the board.

History. Acts 2011, No. 1232, § 2; 2015 (1st Ex. Sess.), No. 7, § 73; 2015 (1st Ex. Sess.), No. 8, § 73; 2019, No. 910, § 165.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 62, provided:

“Transfer of the Arkansas Science and Technology Authority.

“(a)(1) The Arkansas Science and Technology Authority is transferred to the Arkansas Economic Development Commission by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the commission is the principal department under Acts 1971, No. 38.

“(b) The statutory authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, and other funds, including the functions of budgeting or purchasing, of the authority are transferred to the commission, except as specified in this act.

“(c) The prescribed powers, duties, and functions, including rulemaking, regulation, and licensing; promulgation of rules, rates, regulations, and standards; and the rendering of findings, orders, and adjudication of the authority are transferred to the executive director of the commission, except as specified in this act.

“(d) The members of the Board of Directors of the Arkansas Science and Technology Authority, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the board except as specified in this act.”

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “fifteen (15)” for “sixteen (16)” in the introductory language of (b); and deleted former (b)(4) and redesignated the remaining subdivisions accordingly.

The 2019 amendment substituted “Director of the Arkansas Economic Development Commission” for “Executive Director of the Arkansas Economic Development Commission” in (b)(6).

6-61-1503. Duties.

    1. The Electrical Energy Advancement Program Fund Board shall make recommendations to the Arkansas Statewide Energy Consortium concerning the funding, funding ratios, and maximum amounts to be made available among the proposals and programs for:
      1. Competitive undergraduate scholarships for Arkansas residents in the field of electrical and electronic engineering at the member universities of the consortium, to be given in accordance with institutional guidelines; and
      2. Competitive graduate fellowships for master's and doctoral students in electrical and electronic engineering at member universities of the consortium, to be given in accordance with institutional guidelines with preference given to Arkansas residents.
    2. One-time project costs may include without limitation the cost of:
      1. Facilitating the hiring of new tenure-track faculty at each of the consortium member institutions to increase the capacity and expertise of each university to:
        1. Perform research; and
        2. Successfully return that research to the classroom for the benefit of the entire consortium;
      2. Expediting economic development through research by providing startup funds for successful applicants;
      3. Continuing education programs to serve practicing engineers in the energy sector whose professional licensure or registration requires at least fifteen (15) hours of continuing education annually; and
      4. Collaborative research projects between and among the consortium member institutions.
  1. The board may base its recommendations for use of the funds on a proposal's:
    1. Technical merit;
    2. Potential impact on the state's economic growth; and
    3. Potential for strengthening the state's electrical energy education programs.
    1. Annually by June 30, the board shall:
      1. Report its actions to the Governor; and
      2. Provide a copy of the report to the agencies included in the report's recommendations.
    2. The board may provide the report required under this subsection by electronic means or by a printed copy.
  2. The board shall promulgate rules to implement this section.

History. Acts 2011, No. 1232, § 2.

Subchapter 16 — Arkansas Energy Summary and Report

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-61-1601. Findings.

The General Assembly finds that:

  1. There is a need to create and promote a comprehensive energy summary and report for the state.
  2. The collaboration of all state-supported institutions of higher education that participate in energy research activities is vital to ensure an orderly and effective set of data and other research necessary to promote energy conservation and develop alternative energy sources on a statewide level.

History. Acts 2013, No. 280, § 1.

6-61-1602. Institutional Energy Research Committee — Creation — Purpose.

  1. The Arkansas Higher Education Coordinating Board shall coordinate the efforts of all state-supported institutions that participate in energy research activities in the development of the Arkansas Energy Summary and Report.
  2. The Division of Higher Education, in collaboration with state-supported institutions of higher education that participate in energy research activities, shall appoint at least one (1) member of the research faculty at each state-supported institution of higher education that participates in energy research activities to serve on the Institutional Energy Research Committee.
    1. The purpose of the committee is to coordinate ongoing energy research efforts taking place at each state-supported institution of higher education and create the Arkansas Energy Summary and Report.
    2. The committee shall modify the Arkansas Energy Summary and Report as necessary to ensure it is updated with the latest energy research available.

History. Acts 2013, No. 280, § 1; 2019, No. 910, § 1997.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (b).

6-61-1603. Arkansas Energy Summary and Report.

  1. The Institutional Energy Research Committee shall create and adopt the Arkansas Energy Summary and Report that includes without limitation the:
    1. Energy production and usage in Arkansas, including:
      1. Current sources of energy in Arkansas by percentage and cost;
      2. Current energy demand and percentage of use of each energy source, including the production capacity of each energy source;
      3. Projected energy use for the next:
        1. Ten (10) years; and
        2. Twenty (20) years;
      4. Current and projected cost per kilowatt of additional energy production capabilities for the following energy sources:
        1. Coal;
        2. Hydroelectric;
        3. Natural gas;
        4. Nuclear;
        5. Solar;
        6. Wind;
        7. Lignite; and
        8. Other; and
    2. Energy production capacity compared to projected energy growth;
    3. Economical methods for additional energy sources into the market; and
    4. Current and possible tax incentives or governmental policies to promote an increase in energy production capacity for state energy consumption or export to other states.
  2. The committee shall submit the Arkansas Energy Summary and Report and relevant data, research, and findings to the Joint Committee on Energy no later than July 1, 2014.

(F) Environmental challenges and the impact of each energy source listed in subdivision (a)(1)(D) of this section;

History. Acts 2013, No. 280, § 1.

Chapter 62 Property and Finances of State Institutions

Research References

Am. Jur. 15A Am. Jur. 2d, Colleges & Univ., § 35 et seq.

C.J.S. 14A C.J.S., Colleges & Univ., § 10 et seq.

Subchapter 1 — General Provisions

Effective Dates. Acts 1955, No. 176, § 3: Mar. 8, 1955. Emergency clause provided: “It is hereby determined by the General Assembly that the educational institutions of this State that offer military training are in need of immediate passage of law authorizing such agencies to enter into agreements with the Federal Government relative to the use of property and equipment in such military training courses, and that the passage of this act is necessary to grant such authority. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 335, § 4: Mar. 12, 1985. Emergency clause provided: “It is hereby found and determined by the Seventy-Fifth General Assembly that private contributors should be encouraged to support Arkansas higher education institutions; that such contributions will enhance the quality of academic and research efforts of said institutions; and that allowances are necessary to attract nationally recognized academic personnel. Therefore, an emergency is hereby declared to exist, and this Act being immediately necessary for the preservation of public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 367, § 4: Mar. 23, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that the inability of the State Institutions of Higher Education to borrow from the State Budget Revolving Fund has created serious financial difficulties for many institutions and that alternative means must be found to maintain Arkansas' Institutions of Higher Education in sound fiscal condition. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval.”

Acts 1997, No. 112, § 40: Feb. 7, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 10 of the First Extraordinary Session of 1995 abolished the Joint Interim Committee on Education and in its place established the House Interim Committee and Senate Interim Committee on Education; that various sections of the Arkansas Code refer to the Joint Interim Committee on Education and should be corrected to refer to the House and Senate Interim Committees on Education; that this act so provides; and that this act should go into effect immediately in order to make the laws compatible as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 998, § 5: Mar. 31, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that private contributors should be encouraged to support Arkansas higher education institutions; that such contributions will enhance the quality of academic and research efforts of said institutions and further will enhance the ability of said institutions to attract and retain exceptionally qualified nonacademic personnel; and that competitive salaries are necessary to attract nationally recognized academic and nonacademic personnel. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2007, No. 1229, § 45: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2007 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2007 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2007.”

Acts 2009, No. 571 § 2: Mar. 24, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that state-supported institutions of higher education are faced with financial hardship due to the struggling economic climate; that state-supported institutions of higher education play a key role in the future prosperity of the state; that insufficiently funded institutions of higher education risk irreparable harm to the economy of this state; and that this act is immediately necessary to ensure the financial health of state-supported institutions of higher education in this struggling economy. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) the date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill; (3) If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2011, No. 1065, § 43: July 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2011 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2011 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2011.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-62-101. Sale of water.

    1. State-supported institutions of higher education are authorized to perform contracts with private persons, made and entered into prior to June 10, 1965, whereby the institutions have agreed to furnish surplus water to those persons from supplies owned by the institutions.
    2. However, state-supported institutions of higher education shall not make or enter into any new contract or renewal of an existing contract to furnish water to any private person from supplies owned by the institutions.
    3. Any such institution of higher education may cease to furnish water to any private person being furnished surplus waters if the board of the institution shall determine that the water is needed for the purposes of the institution.
  1. The provisions of this section shall not be applicable to the Main Agricultural Experiment Station of the University of Arkansas or any other research facilities of the University of Arkansas.
  2. Any contract or renewal of a contract made and entered into in violation of the terms of this section shall be void.

History. Acts 1965, No. 388, §§ 1, 2; A.S.A. 1947, §§ 80-3335, 80-3336.

6-62-102. Military training property and equipment.

  1. The governing board of each state educational institution has authority to:
    1. Enter into contracts for the use of property and equipment for military training purposes; and
    2. Enter into any mutually agreeable contract incidental thereto as may be required by federal law or regulations of the Secretary of the Army, Navy, or Air Force, or other federal officer or agency, for the care and safekeeping of such property and equipment, or for similar purposes; and
    3. Make reimbursement for such property and equipment.
  2. The cost of any bonds or security and reimbursements shall be paid from funds available for the operation of the institution or school district. This includes, but is not limited to, the authority to obligate any funds available, whether by appropriation or otherwise, for the purpose of executing bonds to secure the safekeeping and return of United States Government property issued in connection with military training purposes.

History. Acts 1955, No. 176, § 1; A.S.A. 1947, § 80-3317.

Publisher's Notes. Acts 1955, No. 176, § 1, is also codified as § 6-21-103.

6-62-103. Endowment of chairs — Attraction of exceptionally qualified academic and nonacademic personnel.

    1. Private contributors to state-supported colleges and universities frequently designate their gifts for the purpose of endowing academic chairs or attracting personnel with exceptional qualifications.
    2. In order to appropriately compensate these individuals from private funds contributed for such purposes, special provisions for payments exceeding maximum authorized compensation levels are necessary.
  1. The board of trustees of any state-supported college or university in Arkansas may authorize salary or salary-related payments to individuals from funds contributed for such purposes which exceed the maximum for positions established by state law, subject to the limitations established in this section.
  2. In order for the board to authorize additional payments as established in subsection (b) of this section, the individuals to receive the payments must be:
    1. Selected and recommended by the appropriate department;
    2. Approved by appropriate administrative personnel, the president, and the board; and
      1. The holders of academic or research chairs endowed wholly or in part by contributions from sources other than public funds;
      2. Exceptionally qualified academic or nonacademic personnel; or
      3. Visiting academic/research faculty members for a specified period whose service is endowed or supported wholly or in part by contributions from sources other than public funds.
  3. All funds paid to any individual above the maximum established by law as authorized in this section must come from private contributions or from the proceeds from private contributions designated for such purposes.
    1. The provisions of this section are supplemental to the fiduciary authority and powers of boards of trustees of public colleges and universities to expend funds as public trustees for the benefit of the institution to attract and retain exceptionally qualified academic and nonacademic employees.
    2. Nothing in this section shall prohibit or be construed to prohibit boards of trustees of public colleges and universities from authorizing salary or salary-related payments to exceptionally qualified academic or nonacademic personnel in excess of the maximum established by law or from approving or ratifying such payments previously made provided that the amount of any such payment above the maximum established by law and only such amount must come from private contributions or from the proceeds from private contributions designated for such purposes.

History. Acts 1985, No. 335, §§ 1-3; A.S.A. 1947, §§ 80-3394, 80-3394.1, 80-3394.2; Acts 1991, No. 822, § 1; 1999, No. 998, § 1.

6-62-104. [Repealed.]

Publisher's Notes. This section, concerning transfer of appropriation, was repealed by Acts 2007, No. 1229, § 14. The section was derived from Acts 1983, No. 147, § 14; 1985, No. 845, § 2; A.S.A. 1947, § 80-5614.

6-62-105. Private borrowing by institutions of higher education.

    1. Upon approval of the board of trustees of a state-supported institution of higher education, the Division of Higher Education, and the Chief Fiscal Officer of the State, a state-supported institution of higher education may borrow funds determined by the board to be necessary to continue the operation of the state-supported institution of higher education from a private financial institution if the Revolving Loan Fund is insufficient, as certified by the Chief Fiscal Officer of the State, for a state-supported institution of higher education to participate in the fund.
    2. A state-supported institution of higher education shall not have outstanding loans in the aggregate under this section in excess of eighty-five percent (85%) of the total of the actual May and June general revenues distributed during the immediately preceding fiscal year to the state-supported institution of higher education.
    1. The principal amount of the loans described in subsection (a) of this section shall be repaid from general revenues distributed to the state-supported institution of higher education during the months of May and June of the fiscal year in which the loans were obtained.
    2. All interest and other charges shall be paid from cash funds of the state-supported institution of higher education.
    1. Notwithstanding subsections (a) and (b) of this section or § 19-4-705, the Chief Fiscal Officer of the State and the Director of the Division of Higher Education may authorize a state-supported institution of higher education to borrow funds from a private financial institution provided that the board of trustees certifies that borrowing funds from a private financial institution:
      1. Is required to continue essential operations of the state-supported institution of higher education into the following fiscal year; and
      2. Will be repaid not later than one hundred twenty (120) days after the start of the following fiscal year.
    2. The aggregate amount of funds borrowed from private financial institutions may not exceed the limits set in subsection (a) of this section.
    3. Upon repayment, the chief financial officer of the state-supported institution of higher education shall certify in writing to the Chief Fiscal Officer of the State and the director the:
      1. Date of the repayment; and
      2. Amount of the repayment.
    4. This subsection (c) shall expire on June 30, 2011.
  1. The Chief Fiscal Officer of the State shall promulgate rules necessary for the implementation of this section.

History. Acts 1987, No. 367, §§ 1, 2; 2009, No. 571, § 1; 2019, No. 315, § 373; 2019, No. 910, §§ 1998, 1999.

Amendments. The 2009 amendment made minor stylistic changes throughout (a) and (b); subdivided (b) and deleted the last sentence of (b)(2); and added (c) and (d).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (d).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (a)(1) and the introductory language of (c)(1).

Cross References. Revolving Loan Fund, § 19-5-907.

6-62-106. Uniform reporting of athletic expenditures.

  1. The Arkansas Higher Education Coordinating Board, with the assistance of the Division of Legislative Audit, is authorized and directed to establish uniform reporting and auditing to report athletic costs and revenues of each state-supported institution of higher education.
  2. Such reports shall be subject to annual review by the Legislative Joint Auditing Committee and shall be made public by the board.
  3. The uniform report shall include the following definitions:
    1. “Athletic expenditures” means all direct and indirect expenses, prorated if necessary, including salaries, all fringe benefits such as medical and dental insurance, workers' compensation, pension plans, tuition waivers, and any other costs associated with recruitment and retention of staff, travel, equipment, scholarships, meals, housing or dormitory, supplies, property and medical insurance, medical expenses, utilities, and maintenance of facilities related to all intercollegiate teams and spirit groups excluding bands; and
    2. “Income” means all direct income from gate receipts, revenues from related concession sales, advertising and media revenue, gifts from private donors, deposited and expensed by the athletic account, and any fees in addition to regular tuition and fees paid by students as approved for support of the intercollegiate athletic program pursuant to procedures prescribed by the board, and all transfers from other funds or accounts.
  4. The board shall report to the Legislative Council or the Joint Budget Committee the failure of an institution to report athletic costs and revenue utilizing the uniform report required by this section.
  5. All state-supported institutions of higher education shall report athletic costs and revenues utilizing the uniform report developed by the board by October 1 of each year.
  6. The board shall compile the reports and make them available to the Legislative Joint Auditing Committee and the public by November 1 of each year.

History. Acts 1989, No. 245, §§ 1, 2.

6-62-107. Reduction of state funds expended on remediation.

  1. As a condition for receiving state funds, all public two-year and four-year institutions of higher education shall report the following information by October 1 of each year to the Department of Higher Education in a format developed by the department in consultation with the institutions:
    1. The total direct and indirect costs of remediation for the previous academic year; and
    2. All sources of revenue, by amount and source, used to fund direct and indirect costs of all remedial courses and programs.
  2. The department shall develop a system to calculate the total amount of state funds spent on remediation of first-time entering freshmen students.
  3. The amount spent on remediation at public four-year educational institutions shall not exceed the amount spent as of the 1996-1997 school year.

History. Acts 1993, No. 1141, §§ 1-4; 1997, No. 112, § 20; 1999, No. 508, § 5.

6-62-108. Housing allowances.

The board of trustees of each state-funded, four-year university may approve a housing allowance not to exceed one thousand five hundred dollars ($1,500) per month for the president or the chancellor of the university. The allowance shall be in lieu of any state-owned housing provided for the presidents and the chancellors.

History. Acts 1999, No. 240, § 1; 2007, No. 1041, § 2.

Cross References. Housing allowance, § 6-64-110.

6-62-109. Annual certification of solvency.

  1. Annually, the board of trustees and the president or chancellor of each state-supported institution of higher education shall certify to the Chief Fiscal Officer of the State and the Legislative Council that as of December 31, sufficient appropriations and funds:
    1. Are available to meet all current and anticipated obligations for the current fiscal year as the obligations become due; or
    2. Will become available to meet all current and anticipated obligations for the current fiscal year as the obligations become due.
  2. The certification from each state-supported institution of higher education shall be:
    1. Signed by the chair of the board and the president or chancellor;
    2. Sent no later than February 28 or upon release of the previous year's audit by the Division of Legislative Audit to the Chief Fiscal Officer of the State and the Legislative Council; and
    3. Accompanied by the published annual financial statement for the preceding fiscal year approved by the board.

History. Acts 2011, No. 1065, § 38.

Subchapter 2 — Eminent Domain

Effective Dates. Acts 1961, No. 167, § 5: Mar. 6, 1961. Emergency clause provided: “Whereas the enrollment of students at the University of Arkansas, and other state colleges named herein, has increased within recent months and will probably continue to increase; and whereas the service obligations of the University and such state colleges are in a period of growth and expansion; and whereas the present facilities of said University and such state colleges are not now sufficient to accommodate adequately the resident instruction and other service phases of the activities of the University and such state colleges; and whereas it may be that property located conveniently for the University and other state colleges' public uses may not be available except through condemnation; now, therefore, it is hereby determined that an emergency exists and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 539, § 5: Mar. 17, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the present laws relating to the power of public institutions of higher education to acquire property by eminent domain should be clarified and lack of immediate clarification could result in public institutions of higher education being unable to acquire property necessary for the use and benefit of such institutions. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

6-62-201. Grant of power to certain colleges and universities — Condemnation proceedings.

    1. The right and power of eminent domain is granted to the Board of Trustees of the University of Arkansas and to the respective boards of trustees of Arkansas Tech University and University of Central Arkansas, hereinafter referred to as “state colleges,” to condemn property whenever and wherever the acquisition of property is necessary for the use of the institutions.
    2. However, before this right and power are utilized in any individual case, the appropriate board of trustees shall exercise every reasonable effort to obtain the property in question at a reasonable price by negotiation, and the trial court shall so find.
    3. The power of eminent domain granted to the Board of Trustees of the University of Arkansas shall not be applicable to the acquisition of lands for agricultural experiment stations of the University of Arkansas except in the county in which the main campus of the University of Arkansas is located.
  1. All suits for the condemnation of property under the provisions of this section shall be brought in the name of the Board of Trustees of the University of Arkansas or in the name of the respective boards of trustees of the other state colleges designated in subdivision (a)(1) of this section.
    1. Before any suit may be instituted, it shall be necessary for the board of trustees to pass a resolution to the effect that the acquisition of the property sought to be condemned is necessary for the use and benefit of the public institution.
    2. The resolution shall also set forth the purpose for which the lands are to be condemned, the legal description of the lands, and the names of the owners, if known.
    1. The procedure to be followed except as otherwise provided in this section, for the purposes of this section is that prescribed in §§ 18-15-301 — 18-15-307, inclusive, for the exercise of eminent domain by municipal corporations and counties.
    2. It shall be no objection to the exercise of the power of eminent domain that the property to be condemned is a cemetery provided that the purpose for which the cemetery is being taken is for buildings, facilities, grounds, or other purposes necessary for the use and benefit of the public institution.
    1. The board of trustees may request the prosecuting attorney of the district in which the lands sought to be condemned are located to initiate or assist in the legal proceedings instituted under this section.
    2. If so requested, it shall then be the duty of the prosecuting attorney to comply with the request of the board of trustees.
    3. It shall be the duty of the Attorney General, if requested, to represent the board of trustees on appeals taken to the Supreme Court from any such action instituted.

History. Acts 1961, No. 167, §§ 1-4; A.S.A. 1947, §§ 80-3318 — 80-3321; Acts 1997, No. 539, § 1.

Publisher's Notes. Acts 1971, No. 9, § 5, purported to amend Acts 1961, No. 167, § 1, by deleting the reference to “Arkansas Agricultural and Mechanical College” which had been abolished by Acts 1971, No. 9, § 3, but did not set out the amended portion that is required by Arkansas Constitution, Article 5, Section 23. The name of that institution was subsequently changed to the University of Arkansas at Monticello, and it is operated by the Board of Trustees for the University of Arkansas. See § 6-64-302.

Case Notes

Reasonable Effort.

Evidence sufficient to show trustees made reasonable effort to obtain certain real estate by negotiation. Kerr v. Raney, 305 F. Supp. 1152 (W.D. Ark. 1969).

Subchapter 3 — Facilities — Construction or Purchase

Cross References. Contractors' bonds, § 18-44-501 et seq.; § 22-9-401 et seq.

Preambles. Acts 1964 (1st Ex. Sess.), No. 16 contained a preamble which read:

“Whereas, the Governor of the State of Arkansas pursuant to the applicable provision of the Higher Education Facilities Act of 1963 of the Congress of the United States of America has heretofore designated the Commission on Coordination of Higher Educational Finance as the State Agency of the State of Arkansas for the purpose of participating in the grant program under Title I of said Federal Act; and

“Whereas, the purpose of this Act is to confirm said designation and to confer additional authority and powers upon the Commission on Coordination of Higher Educational Finance as may be necessary or desirable in connection therewith;

“Now, therefore… .”

Effective Dates. Acts 1947, No. 62, § 9: approved Feb. 14, 1947. Emergency clause provided: “It is found and declared that there is an acute shortage of housing and other facilities in the schools referred to in section 1 of this act by reason of the great increase in their student bodies; that only the provisions of this act will expedite the construction of the buildings referred to herein and relieve the shortage; that for these reasons it is necessary for the preservation of the public peace, health and safety that this act shall become effective without delay. It is, therefore, declared that an emergency exists and that this act shall take effect and be in full force from and after its passage.”

Acts 1949, No. 320, § 4: approved Mar. 19, 1949. Emergency clause provided: “It has been found and it is hereby determined by the General Assembly that there is an acute shortage of housing and other facilities in the schools referred to in Section 1 of this Act by reason of the great increase in their student bodies; that only by this Act can the said shortage of housing and other facilities in the schools be promptly remedied and for that reason it should take effect without delay; and for said reason it is hereby declared necessary for the preservation of the public peace, health and safety that this Act should become effective without delay. An emergency, therefore, is declared to exist and this Act shall take effect and be in force from and after its passage.”

Acts 1951, No. 313, § 5: approved Mar. 19, 1951. Emergency clause provided: “It has been found and it is hereby determined by the General Assembly that there is an acute shortage of housing and other facilities in the schools referred to in Section 1 of this Act by reason of the great increase in their student bodies; that only by this Act can the said shortage of housing and other facilities in the schools be promptly remedied and for that reason this Act should take effect without delay; and for said reason it is hereby declared necessary for the preservation of the public peace, health and safety that this Act should become effective without delay. An emergency, therefore, is declared to exist and this Act shall take effect and be in force from and after its passage.”

Acts 1957, No. 10, § 3: approved Feb. 1, 1957. Emergency clause provided: “It is hereby determined by the General Assembly that there is an acute shortage of housing and other facilities at the state educational institutions of higher learning by reason of increasing enrollments; that the General Assembly has previously provided by law for the issuance of revenue obligations in the best judgment of the respective Boards of Trustees of these institutions but limited the issuance and refunding of such obligations to bear a maximum of four per centum (4%) interest; that the present condition of available credit is such that said authority is rendered useless since credit is not available at such a low rate of interest, whereupon it is determined to raise such maximum rate to five per centum (5%); that only by this Act can the shortage of housing and other facilities be remedied promptly; for that reason this Act should take effect without delay; and for said reason it is hereby declared necessary for the preservation of the public peace, health, and safety that this Act should become effective without delay. An emergency, therefore, is declared to exist and this Act shall take effect and be in force from and after its passage.”

Acts 1959, No. 242, § 3: approved Mar. 25, 1959. Emergency clause provided: “It has been found and it is hereby declared that there is an acute shortage of housing and other facilities in the schools and colleges covered by this Act by reason of the great increase in their student bodies; that this Act is necessary to remedy said shortage of housing and other facilities; and for that reason it is hereby declared necessary for the preservation of the public peace, health and safety that this Act shall become effective without delay. An emergency, therefore, is declared to exist and this Act shall take effect and be in force from and after its passing.”

Acts 1963, No. 59, § 2: Feb. 15, 1963. Emergency clause provided: “It has been found and it is hereby declared by the General Assembly that there is an acute shortage of parking facilities at the State institutions for higher education by reason of the great increase in the student bodies and the great increase in the use of automobiles by the students and faculty of said institutions; that said shortage of parking facilities adversely affects the proper operation of said institutions and should be remedied at the earliest possible time; and that only by the immediate operation of this act may such condition be alleviated. Therefore, an emergency is hereby declared to exist, and this act being necessary for the preservation of the public peace, health and safety shall take effect and be in full force from and after its passage and approval.”

Acts 1964 (1st Ex. Sess.), No. 16, § 5: Mar. 27, 1965. Emergency clause provided: “That it is hereby found and declared that academic facilities must be made available at institutions of higher education in this State in order to accommodate to the fullest extent possible, the youth who aspire to a higher education and that the things authorized and directed by this Act are necessary to the achievement of this public purpose. It is, therefore, declared that an emergency exists, and this Act, being necessary for the immediate preservation of the public peace, health and safety, shall take effect and be in force from and after its passage and approval.”

Acts 1968 (1st Ex. Sess.), No. 8, § 6: Feb. 15, 1968. Emergency clause provided: “It is hereby found and determined by the General Assembly that money interest rates have increased significantly in recent years, that the maximum interest rate of five per cent (5%) prescribed by law on bonds issued by educational institutions is not adequate to permit such bonds to compete favorably in the bond market, and that it is immediately necessary to increase said maximum interest rate to 6% in order to correct this undesirable situation and to permit the accomplishment of the purpose for which such bonds are authorized by law. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in effect from the date of its passage and approval.”

Acts 1969, No. 183, § 4: Mar. 7, 1969. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas that the state supported colleges and universities of this State are, at the present time, not authorized to participate in certain programs of assistance to education made available by the government of the United States; that the availability of this assistance is essential to the continued development of higher education in this State; and that only by the immediate effectiveness of this act can this purpose be accomplished. Therefore, an emergency is declared to exist and this act, being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from and after its passage and approval.”

Acts 1970 (1st Ex. Sess.), No. 30, § 5: Mar. 13, 1970. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas that the financing of the public improvements to which this Act pertains is not feasible under existing maximum interest rate limitations, that the accomplishment of these public improvements is essential to the continued development of this State and the continued improvement of the economic conditions of her people, and that these public improvements can be accomplished only by the immediate effect of this Act. Therefore, an emergency is declared to exist and this Act, being necessary for the preservation of the public peace, health and safety, shall be in effect from and after its passage and approval.”

Acts 1975, No. 225, § 26: became law without Governor's signature, Feb. 19, 1975. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the state of Arkansas that the financing of the public improvements to which this Act pertains is not feasible under existing maximum interest rate limitations, that the accomplishment of these public improvements is essential to the continued development of this State and the continued improvement of the economic conditions of her people, and that these public improvements can be accomplished only by the immediate effect of this Act. Therefore, an emergency is declared to exist and this Act, being necessary for the preservation of the public peace, health and safety, shall be in effect from and after its passage and approval.”

Acts 1981, No. 425, § 54: Mar. 11, 1981. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas that the financing of the public improvements to which this act pertains is not feasible under existing maximum interest rate limitations, that the accomplishment of these public improvements is essential to the continued development of this state and the continued improvement of the economic conditions of her people, and that these public improvements can be accomplished only by the immediate effect of this act. Therefore, an emergency is declared to exist and this act, being necessary for the preservation of the public peace, health and safety, shall be in effect from and after its passage and approval.”

Acts 2007, No. 1229, § 45: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2007 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2007 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2007.”

Acts 2011, No. 1065, § 43: July 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2011 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2011 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2011.”

Acts 2013, No. 1397, § 49: July 1, 2013. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2013 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2013 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2013.”

Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 153: July 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Building Authority, the Arkansas Science and Technology Authority, the Department of Rural Services, and the Division of Land Surveys of the Arkansas Agriculture Department are inefficiently structured; that this inefficient structuring causes an excessive and unnecessary cost to the taxpayers of the this state; and that this act is essential to alleviating that financial burden. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2015.”

Acts 2016, No. 140, § 17: July 1, 2016. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2016 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2016 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2016.”

Acts 2016, No. 141, § 15: July 1, 2016. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2016 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2016 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2016.”

Acts 2017, No. 179, § 13: July 1, 2017. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2017 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2017 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2017.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-62-301. Construction of subchapter.

This subchapter shall be liberally construed to effectuate the purposes thereof.

History. Acts 1947, No. 62, § 6; A.S.A. 1947, § 80-3316.

6-62-302. Building construction, purchase, etc., authorized.

  1. Subject to and in accordance with the terms of this subchapter, the boards of trustees of the University of Arkansas, Arkansas State University, University of Central Arkansas, Henderson State University, Arkansas Tech University, and Southern Arkansas University, respectively, are authorized and empowered as public agencies of the State of Arkansas to:
    1. Construct buildings, structures, parking facilities, or other improvements which the board of trustees deems proper or suitable for the school and to purchase sites therefor, if necessary;
    2. Purchase for such purpose buildings already constructed and the tracts of land on which they are situated;
    3. Reconstruct, enlarge or repair, and equip any buildings or structures of the university, including, but not limited to, buildings or structures constructed or purchased under authority of this subchapter; and
    4. Purchase for such purposes and pay the expense of tearing down, removing to the school, reconstructing, and equipping houses, buildings, or structures.
  2. No board of trustees of such public institutions of higher education shall be required to obtain any prior review, consultation, approval, assistance, or advice from the Building Authority Division for projects undertaken based on the foregoing powers and authority. Provided, however, nothing in this subsection shall prevent any board of trustees of such public institutions of higher education from entering into an agreement with the division to provide review, consultation, approval, assistance, or advice for such projects. However, public institutions of higher education exempt from project review, consultation, approval, assistance, or advice of the division shall remain subject to other laws governing public works, including without limitation § 19-4-1401 et seq. and § 22-9-101 et seq.

History. Acts 1947, No. 62, § 1; 1949, No. 320, § 1; 1951, No. 313, § 1; 1963, No. 59, § 1; 1969, No. 183, § 1; A.S.A. 1947, § 80-3311; Acts 2001, No. 961, § 1; 2015 (1st Ex. Sess.), No. 7, § 3; 2015 (1st Ex. Sess.), No. 8, § 3; 2019, No. 910, § 6055.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided:

“Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(b) All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, and other funds, including the functions of budgeting or purchasing, are transferred to the Department of Finance and Administration, except as specified by this act.

“(c) All powers, duties, and functions, including rulemaking, regulation, and licensing, promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications are transferred to the Director of the Department of Finance and Administration.

“(d) The members of the Arkansas Building Authority Council, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the council except as specified in this act.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Publisher's Notes. Acts 1971, No. 9, § 5, purported to amend Acts 1947, No. 62, § 1, by deleting the reference to “Arkansas Agricultural and Mechanical College” which had been abolished by Acts 1971, No. 9, § 1, but did not set out the amended portion that is required by Arkansas Constitution, Article 5, Section 23. The name of that institution was subsequently changed to the University of Arkansas at Monticello, and it is operated by the Board of Trustees for the University of Arkansas. See § 6-64-302.

Acts 1971, No. 512, § 7 purported to amend Acts 1947, No. 62, § 1, by deleting all references to “Arkansas Agricultural, Mechanical, and Normal College” or to that institution under the names by which it had previously been designated or operated (Branch Normal College, Agricultural, Mechanical, and Normal School for Negroes, State Agricultural, Mechanical, and Normal College, State A. M. & N. College, and Arkansas A. M. & N. College), and to its board of trustees. Acts 1971, No. 512, § 7, did not, however, set out the amended portion that is required by Arkansas Constitution, Article 5, Section 23. The name of that institution was subsequently changed to the University of Arkansas at Pine Bluff, and it is operated by the Board of Trustees of the University of Arkansas. See §§ 6-64-303, 6-64-304.

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, in (b), substituted “the Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” in the first sentence, and substituted “division” for “authority” in the second and third sentences.

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (b).

Case Notes

Medical School Building.

The Board of Trustees of the University of Arkansas had authority to build a medical school building. Lindsay v. White, 212 Ark. 541, 206 S.W.2d 762 (1947).

Cited: Arkansas v. Texas, 346 U.S. 368, 74 S. Ct. 109, 98 L. Ed. 80 (1953).

6-62-303. Financing authority.

The board is authorized and empowered to enter into the necessary contracts for the borrowing of all or any part of the funds that the board may determine will be required in connection with the financing of the projects.

History. Acts 1947, No. 62, § 1; 1949, No. 320, § 1; 1951, No. 313, § 1; 1969, No. 183, § 1; A.S.A. 1947, § 80-3311.

Case Notes

Cited: Arkansas v. Texas, 346 U.S. 368, 74 S. Ct. 109, 98 L. Ed. 80 (1953).

6-62-304. Temporary financing authorized.

The board is authorized to utilize any funds available to temporarily finance all or part of the projects and to make reimbursement of the funds from the proceeds of the sale of any notes or bonds issued to permanently finance the projects.

History. Acts 1947, No. 62, § 1; 1951, No. 313, § 1; 1969, No. 183, § 1; A.S.A. 1947, § 80-3311.

Case Notes

Cited: Arkansas v. Texas, 346 U.S. 368, 74 S. Ct. 109, 98 L. Ed. 80 (1953).

6-62-305. Bonds or notes — Authorization to issue — Pledge of revenues, funds, etc.

  1. In evidence of any loan of funds, the board of trustees is authorized and empowered to issue its negotiable interest-bearing notes or bonds with a specific pledge, for the payment of the principal and interest thereof, and the payment of agents' fees only, all or any part of the following:
    1. The gross tolls, fees, rents, and other charges to be derived as income from the project;
    2. Any surplus not pledged of the gross tolls, fees, rents, and other charges to be derived from other projects financed in whole or in part by bonds or notes issued by the board;
    3. Tuition and fees collected from its students;
    4. The gate receipts of athletic contests participated in by its teams; and
    5. Any funds received from the United States, or any department or agency thereof, pursuant to any act of Congress, providing for grants or payments to educational institutions in connection with, or in anywise pertaining to, the financing of the accomplishing of the authorities and powers set forth in § 6-62-302.
  2. In regard to the funds referred to in subdivision (a)(5) of this section, the board is authorized to take such action, comply with such terms and conditions, and execute such agreements as may be necessary to apply for, receive, pledge, or use such funds for the above specified or any other lawful purpose.
  3. One (1) series of bonds may be issued for more than one (1) project and the revenues therefrom pledged for the payment of the bonds.

History. Acts 1947, No. 62, § 1; 1949, No. 320, § 1; 1951, No. 313, § 1; 1969, No. 183, § 1; A.S.A. 1947, § 80-3311; Acts 1991, No. 45, § 1.

Case Notes

Constitutionality.

Issuance of revenue bonds under this section does not violate Ark. Const. Amend. 20. Jacobs v. Sharp, 211 Ark. 865, 202 S.W.2d 964 (1947).

Cited: Arkansas v. Texas, 346 U.S. 368, 74 S. Ct. 109, 98 L. Ed. 80 (1953).

6-62-306. Bonds or notes — Issuance on advice of Arkansas Higher Education Coordinating Board.

  1. The boards of trustees of the University of Arkansas, University of Central Arkansas, Henderson State University, Arkansas State University, Arkansas Tech University, and Southern Arkansas University, hereinafter referred to as the “board of the institution involved”, shall not issue any notes or bonds under the provisions of this subchapter for any of the purposes authorized by this subchapter, unless prior to the issuance of such notes or bonds, the board of the institution involved shall have obtained the advice of the Arkansas Higher Education Coordinating Board as to the economic feasibility of the particular project to be financed, in whole or in part, by those notes or bonds.
  2. The board of the institution involved shall submit to the Arkansas Higher Education Coordinating Board information pertaining to the proposed project concerning existing and proposed buildings, improvements, equipment, and facilities of the institution involved; finances, revenues, appropriations, and cash funds of the institution involved; and enrollment, housing, and other information deemed pertinent to and requested by the Arkansas Higher Education Coordinating Board to enable the board to determine the feasibility of the project.
  3. The Arkansas Higher Education Coordinating Board shall notify the board of the institution involved, within thirty (30) days from the date the information is submitted to the board, of the board's advice with respect to the economic feasibility of the particular project.
  4. The advice of the Arkansas Higher Education Coordinating Board under this section shall not be binding on the board of the institution involved.
    1. This section shall not be construed to deprive, transfer, limit, or in any way alter or change any of the powers vested in the board of the institution involved under existing constitutional and statutory provisions.
    2. Furthermore, the authority conferred upon the Arkansas Higher Education Coordinating Board by this section shall not extend to the feasibility of the notes or bonds proposed to be issued by the board of the institution involved or to any of the terms, conditions, and provisions thereof, and this section shall not be construed to impair in any way the validity of any notes or bonds issued by the board of the institutions involved under this subchapter or impair or affect in any way the obligations of the board of the institution involved or the rights of any holder or registered owner of the notes or bonds.

History. Acts 1963, No. 242, §§ 1-4; A.S.A. 1947, §§ 80-3328 — 80-3331.

Publisher's Notes. Acts 1971, No. 9, § 5 purported to amend Acts 1963, No. 242, § 1 by deleting the reference to “Arkansas Agricultural and Mechanical College” which had been abolished by Acts 1971, No. 9, § 1, but did not set out the amended portion that is required by Ark. Const., Art. 5, § 23. The name of that institution was subsequently changed to the University of Arkansas at Monticello and it is operated by the Board of Trustees for the University of Arkansas. See § 6-64-302.

Acts 1971, No. 512, § 7 purported to amend Acts 1963, No. 242, § 1 by deleting all references to “Arkansas Agricultural, Mechanical, and Normal College” or to that institution under the names by which it had previously been designated or operated (Branch Normal College, Agricultural, Mechanical, and Normal School for Negroes, State Agricultural, Mechanical, and Normal College, State A. M. & N. College, and Arkansas A. M. & N. College), and to its board of trustees. Acts 1971, No. 512, § 7 did not, however, set out the amended portion that is required by Arkansas Constitution, Article 5, Section 23. The name of that institution was subsequently changed to the University of Arkansas at Pine Bluff and it is operated by the Board of Trustees of the University of Arkansas. See §§ 6-64-303, 6-64-304.

6-62-307. Bonds or notes — Execution.

  1. The notes or bonds shall be executed by the president or chair and secretary of the board.
  2. The coupon attached to the bonds may be executed by the facsimile signature of the president or chair.
  3. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before delivery, the signatures shall nevertheless be valid and sufficient for all purposes, the same as if they had remained in office until the delivery.

History. Acts 1947, No. 62, § 2; 1957, No. 10, § 1; 1959, No. 242, § 1; 1968 (1st Ex. Sess.), No. 8, § 1; 1970 (1st Ex. Sess.), No. 30, § 1; 1975, No. 225, § 19; 1981, No. 425, § 19; A.S.A. 1947, § 80-3312.

6-62-308. Bonds or notes — Terms and conditions.

  1. The notes or bonds shall be payable at such time or times and at such place or places, shall be in such form and denominations, may be subject to such terms of redemption, with or without a premium, shall bear such rate or rates of interest, shall be payable annually or semiannually, and shall be sold for such price and in such manner, as the board of trustees by resolution shall determine.
  2. In the resolution, the board may provide for the initial issuance of one (1) or more bonds aggregating the principal amount of the entire issue and may, in the resolution, make such provisions for installment payments of the principal amount of the bonds as it may consider desirable and may provide for the making of the bonds payable to bearer or otherwise, registrable as to principal or as to both principal and interest and where interest accruing thereon is not represented by interest coupons for the endorsement of payment of interest on the bonds.
  3. The board may make provision in the resolution for the manner and circumstances in which and under which the bonds may, in the future at the request of the holders thereof, be converted into bonds of smaller denomination, which bonds of smaller denomination may in turn be either coupon bonds or bonds registrable as to principal or registrable as to principal and interest.

History. Acts 1947, No. 62, § 2; 1957, No. 10, § 1; 1959, No. 242, § 1; 1968 (1st Ex. Sess.), No. 8, § 1; 1970 (1st Ex. Sess.), No. 30, § 1; 1975, No. 225, § 19; 1981, No. 425, § 19; A.S.A. 1947, § 80-3312.

6-62-309. Bonds or notes — Liability.

  1. The bonds or notes shall be general obligations only of the board of trustees, and in no event shall they be considered a debt for which the faith and credit of the State of Arkansas or any of its revenues are pledged.
  2. No member of any board shall be personally liable for the notes or bonds, or for any damages sustained by anyone in connection with contracts for loans or the construction of the buildings, unless it shall be made to appear that he or she has acted with a corrupt intent.
  3. Upon a determination of the board that a reallocation of resources is necessary for the purposes of preventing a default on its indebtedness, the board has specific authority to transfer funds between and among campuses, divisions, and other budgetary units of its institution of higher education. Upon exercising the authority to reallocate resources as provided by this section, the board of trustees shall report the reasons for and the details of such reallocations to the Legislative Council or Joint Budget Committee immediately thereafter.

History. Acts 1947, No. 62, § 1; 1949, No. 320, § 1; 1951, No. 313, § 1; 1969, No. 183, § 1; A.S.A. 1947, § 80-3311; Acts 2007, No. 1229, § 17.

Publisher's Notes. Acts 1949, No. 320, § 2 validated former obligations, but provided that the obligations would not be considered a debt of the state.

Case Notes

Cited: Arkansas v. Texas, 346 U.S. 368, 74 S. Ct. 109, 98 L. Ed. 80 (1953).

6-62-310. Bonds or notes — Related agreements authorized.

  1. For the purpose of obtaining any loan or carrying out any condition imposed by the original purchaser of the notes or bonds in connection with any loan, the board of trustees may execute such documents and enter into such agreements as it may deem necessary or proper in connection therewith, including, but without limiting the generality of the foregoing, any agreement relating to:
    1. The maintenance of a maximum percentage of occupancy of buildings;
    2. The imposition of minimum rates for occupancy or use adequate to provide for the payment of the principal of and interest on any notes or bonds;
      1. The priority of the lien of notes or bonds on the gross tolls, fees, rents, other charges, surplus not pledged of gross tolls, fees, rents, and other charges, activity fees and gate receipts of athletic contests, and other revenues of whatever nature authorized to be pledged to the payment of the principal of and interest on the notes or bonds.
      2. It is the intention of this subdivision that the board, in any resolution authorizing the issuance of a particular series of notes or bonds, may provide that subsequent series of notes or bonds payable from the tolls, fees, rents, activity fees, and gate receipts pledged to the particular issue authorized by the resolution may not be issued, that subsequent series of notes or bonds shall be subordinate as to lien, or that subsequent series of notes or bonds shall enjoy parity of lien upon such conditions and restrictions as may be inserted by the board in the authorizing resolution; and
    3. The deposits in banks and the manner of withdrawal of revenues for payment of the principal of and interest on the notes or bonds and the deposits in banks and the manner of withdrawal of the proceeds of the sale of notes or bonds.
    1. Any agreement entered into by the board shall be binding in all respects upon the board and their successors from time to time in accordance with the terms and all of the provisions of the agreement.
    2. The terms and provisions shall be enforceable by appropriate proceedings at law or in equity, or otherwise, provided no mortgage or other lien shall be executed on any of the lands or buildings belonging to the State of Arkansas.

History. Acts 1947, No. 62, § 2; 1957, No. 10, § 1; 1959, No. 242, § 1; 1968 (1st Ex. Sess.), No. 8, § 1; 1970 (1st Ex. Sess.), No. 30, § 1; 1975, No. 225, § 19; 1981, No. 425, § 19; A.S.A. 1947, § 80-3312.

6-62-311. Rents, tolls, fees, etc. — Rules authorized.

A board of trustees is further authorized and empowered to fix the rents, tolls, fees, other charges, activity fees, and gate receipts of athletic contests and to make and to enforce the rules with reference to or in connection with any building or structure authorized to be constructed, reconstructed, enlarged, repaired, or equipped and with reference to the use thereof as the board may deem desirable for the welfare of the institution or its student body.

History. Acts 1947, No. 62, § 2; 1957, No. 10, § 1; 1959, No. 242, § 1; 1968 (1st Ex. Sess.), No. 8, § 1; 1970 (1st Ex. Sess.), No. 30, § 1; 1975, No. 225, § 19; 1981, No. 425, § 19; A.S.A. 1947, § 80-3312; Acts 2019, No. 315, § 374.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in the section heading and in the section.

6-62-312. Valid outstanding obligations — Refinancing or refunding — Cancellation.

  1. A board of trustees of a state-supported institution of higher education may refinance, in whole or in part, from time to time, its valid outstanding obligations issued under Acts 1933, No. 47 [repealed], or Acts 1939, No. 14 [repealed], or issued under this subchapter or any other law for the purpose of financing and refinancing improvements for a state-supported institution of higher education.
    1. To that end, the board may issue negotiable refunding notes or refunding bonds.
    2. This power may be exercised successively, and any obligations which have once been refunded may thereafter from time to time be refunded.
    3. They shall be issued upon the same terms and conditions as provided in this subchapter for original obligations.
    4. They shall be secured in the same manner and to the same extent as provided in this subchapter for original obligations.
    5. They shall be obligations only of that board, and in no event shall they be considered a debt for which the faith and credit of the State of Arkansas or any of its revenues are pledged.
    6. They may be exchanged for the outstanding obligations to be refunded, or they may be sold for cash and the proceeds used to pay them, or part may be exchanged and part may be sold.
  2. The outstanding obligations refunded shall be cancelled and destroyed contemporaneously with the delivery of the refunding obligations, except as follows:
    1. If required by any agreement with the parties to whom the refunding obligations are to be delivered, the obligations refunded may be kept intact uncancelled until the refunding obligations and interest have been paid in full, whereupon they shall forthwith be cancelled and destroyed; each obligation so kept intact is to be stamped with a legend to the effect that the obligation has been refunded pursuant to this subchapter; or
    2. If the obligations to be refunded are redeemable before maturity and have been duly called for payment in accordance with their terms, the refunding obligations may be executed and deposited with an escrow agent designated by the board, which escrow agent shall be a bank or trust company whose trust funds are secured in the manner provided by the federal laws or regulations, or state banking laws and rules thereunder, under an agreement with the escrow agent to deliver them to the purchaser on payment of the purchase price in full and in cash at least five (5) days before the redemption date of the obligations called and to remit promptly the proceeds to the paying agent of the outstanding obligations for payment thereof, provided that the board shall deposit with the escrow agent for delivery also to the paying agent any additional funds required to make payment in full of the principal of and interest on and paying agent's fees of the bonds so called for redemption. When the outstanding bonds have been paid, they shall be cancelled and destroyed.

History. Acts 1947, No. 62, §§ 3, 4; 1951, No. 313, § 2; 1957, No. 10, § 2; 1968 (1st Ex. Sess.), No. 8, § 2; 1970 (1st Ex. Sess.), No. 30, § 2; 1975, No. 225, § 19; 1981, No. 425, § 19; A.S.A. 1947, §§ 80-3313, 80-3314; Acts 2015, No. 566, § 1; 2019, No. 315, § 375.

Publisher's Notes. For acts validating previously issued obligations, see Acts 1947, No. 62, § 5; Acts 1949, No. 320, § 2; Acts 1951, No. 313, § 3.

Amendments. The 2015 amendment, in (a), inserted “of a state-supported institution of higher education,” substituted “may” for “has the power and is authorized to,” and substituted “or any other law for the purpose of financing and refinancing improvements for a state-supported institution of higher education” for “and any amendments hereto.”

The 2019 amendment substituted “federal laws or regulations, or state banking laws and rules” for “national or state banking laws and regulations” in (c)(2).

6-62-313. State agency for participation in federal grant programs.

  1. The Arkansas Higher Education Coordinating Board is designated as the state agency of the State of Arkansas for the purpose of participating in the grant program under 20 U.S.C. § 1132a et seq., as enacted and now existing or as subsequently amended, supplemented, or implemented, which is herein referred to as the “federal act”.
  2. In addition to its presently existing authority, powers, and duties, the board is authorized, empowered, and directed to prepare and submit to the commissioner, who is referred to and identified in the federal act, a state plan for participation in the grant program under 20 U.S.C. § 1132a et seq. and, upon the approval of the state plan by the commissioner, to administer the plan and otherwise to do, or cause to be done, all things and acts of every nature whatever necessary or desirable:
    1. In meeting and complying with all requirements of the federal act, regulations under and pursuant to the federal act, and of the departments and agencies of the United States administering the federal act;
    2. In administering the state plan; and
    3. In obtaining and utilizing, or causing to be utilized, all grants, funds, and benefits to which the State of Arkansas is entitled under the federal act.
    1. This section shall be liberally construed so that all institutions of higher education, as referred to and defined in the federal act, receive fully and promptly all benefits conferred and intended by the federal act and this section and that the intended public benefits and purposes be achieved and accomplished. To this end, the enumeration of any object, purpose, power, manner, method, and thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.
    2. This section shall be liberally construed as being supplemental to any existing purposes and powers of the board so as to accomplish in the most expeditious and efficient manner the purposes and intent of the federal act in this state.

History. Acts 1964 (1st Ex. Sess.), No. 16, §§ 1-3; A.S.A. 1947, §§ 80-3332 — 80-3334.

6-62-314. Construction project exemption.

The following state-supported institutions of higher education shall be exempt as allowed by § 19-4-1415(b)(5) for construction projects exceeding five million dollars ($5,000,000) if they have adopted policies and procedures in compliance with state law involving the awarding and oversight of the contracts for design and construction services:

  1. Henderson State University;
  2. Southern Arkansas University;
  3. University of Central Arkansas;
  4. [Repealed.]
  5. National Park College; and
  6. Northwest Arkansas Community College.

History. Acts 2011, No. 1065, § 37; 2013, No. 1397, § 43; 2016, No. 140, § 8; 2016, No. 141, § 8; 2017, No. 179, § 6.

Amendments. The 2013 amendment added (7).

The 2016 amendment by No. 140 repealed (4).

The 2016 amendment by No. 141 substituted “National Park College” for “National Park Community College” in (a)(5).

The 2017 amendment deleted (7) and made stylistic changes.

Subchapter 4 — Facilities — Use

6-62-401. Use by employees to conduct work for private compensation.

  1. The boards of trustees of the state institutions of higher learning are authorized to grant permission to employees of those institutions to conduct, on and in campus facilities, certain outside work for private compensation as described below which are to be engaged in only after they have discharged fully their employment responsibilities to those institutions.
  2. However, in each instance where permission is granted, the governing board shall have the nondelegable duty to make express findings of fact that:
    1. The activity in question involves no conflict of interest with the mission and purpose of the institution itself;
    2. The activity proposed would bring to the campus a significant number of persons who are potentially future students who might tend to enroll on that campus as a result of their exposure to its facilities and its personnel while engaged in this activity; and
    3. The contemplated activity will, as a part thereof, generate funds to be paid to the state institution for housing, meals, and for the use of other institutional resources which will produce significant revenues in support of the auxiliary functions of the particular campus serving its enrolled students.
    1. Each permission granted by a board of trustees pursuant to the findings of fact stated in subsection (b) of this section shall, with those findings of fact, be reduced to writing by the board and shall include a statement of charges to be paid to the state institution by the employee as the direct and indirect costs associated with operating and maintaining the facilities which will be temporarily devoted to the particular activity conducted by that employee.
    2. The charges shall be paid promptly, by the employee or by the participants at the direction of the employee, to the state institution.
  3. In conducting an activity permitted under this section, the employee shall make known in all advertising and other publicity involving the activity that participants are contracting with that employee and not with the institution and that the institution and the State of Arkansas do not assume any contractual obligations for the conduct of the employee's activity.
    1. Each employee who is authorized under the provisions of this section to engage in outside work for private compensation on or in campus facilities shall, within a reasonable period of time after completion of the employment, submit a complete financial report relating to the employment to the chief financial officer of the institution.
    2. On an annual basis, the chief financial officer of the institution shall submit to the governing board a summary of all such financial reports received by him or her.

History. Acts 1981, No. 707, §§ 1-4; A.S.A. 1947, §§ 80-3390 — 80-3390.3.

Subchapter 5 — Trust Conveyances

Cross References. Validity as to creditors of gratuitous conveyances to educational institutions, § 4-59-206.

Effective Dates. Acts 1965, No. 565, § 9: Mar. 24, 1965. Emergency clause provided: “Whereas, many individuals have expressed a desire to convey properties for the use and benefit of the several tax supported institutions of higher learning in the State but have been uncertain as to the administration of such properties, the authority of the individual institution to own such property, and the proper method of conveying properties for the said purposes; and whereas, the said individuals desire to make such conveyances for the maximum benefit to the respective institutions without the burden of taxation on the properties; and whereas, on account of such uncertainties the respective institutions are delayed in obtaining said properties and may lose much property altogether; and whereas, such delay in receiving and such loss of properties add to the expense of public education in the State of Arkansas and thereby make college education impossible for many students; and whereas, only by the passage of this Act and giving it immediate effect can such uncertainties and difficulties be removed; now therefore an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety, shall take effect and be in full force from and after its passage and approval.”

6-62-501. Definitions.

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

  1. “Any tax-supported institution of higher learning” includes the University of Arkansas, University of Central Arkansas, Henderson State University at Arkadelphia, Arkansas Tech University, Arkansas State University at Jonesboro, and Southern Arkansas University at Magnolia, together with their respective branches and departments wherever located in the State of Arkansas, and any other institution offering courses in education beyond the twelfth grade of the public school system and supported primarily by appropriations from state funds;
  2. “Institution” refers to each of the tax-supported institutions of higher learning; and
  3. “Property” includes lands, buildings, and other property, real or personal, tangible or intangible.

History. Acts 1965, No. 565, § 1; A.S.A. 1947, § 80-3337.

Publisher's Notes. Acts 1971, No. 9, § 5, purported to amend Acts 1965, No. 565, § 1 by deleting the reference to “Arkansas Agricultural and Mechanical College” which had been abolished by Acts 1971, No. 9, § 1, but did not set out the amended portion that is required by Arkansas Constitution, Article 5, Section 23. The name of that institution was subsequently changed to the University of Arkansas at Monticello and it is operated by the Board of Trustees for the University of Arkansas. See § 6-64-302.

Acts 1971, No. 512, § 7, purported to amend Acts 1965, No. 565, § 1, by deleting all references to “Arkansas Agricultural, Mechanical, and Normal College” or to that institution under the names by which it had previously been designated or operated (Branch Normal College, Agricultural, Mechanical, and Normal School for Negroes, State Agricultural, Mechanical, and Normal College, State A. M. & N. College, and Arkansas A. M. & N. College), and to its board of trustees. Acts 1971, No. 512, § 7 did not, however, set out the amended portion that is required by Arkansas Constitution, Article 5, Section 23. The name of that institution was subsequently changed to the University of Arkansas at Pine Bluff and it is operated by the Board of Trustees of the University of Arkansas. See §§ 6-64-303, 6-64-304.

6-62-502. Trust conveyances authorized.

Property may be conveyed to the State of Arkansas in trust for any tax-supported institution of higher learning within the state, which property shall be held by the state, subject to the terms of the conveyance, for and on behalf of the institution for whose benefit the conveyance shall have been made.

History. Acts 1965, No. 565, § 2; A.S.A. 1947, § 80-3338.

6-62-503. Acceptance of conveyance — Administration.

  1. Acceptance of the conveyance by the State of Arkansas shall be evidenced by proclamation of the Governor.
  2. A copy of the proclamation certified by the Secretary of State shall be filed for record in the county or counties in which the real property is located.
  3. Upon acceptance of the conveyance, administration of the property shall be through the governing board of the particular institution for whose benefit the conveyance shall have been made.

History. Acts 1965, No. 565, § 3; A.S.A. 1947, § 80-3339.

6-62-504. Title — Encumbrances.

  1. The State of Arkansas shall take and hold title to any such lands, buildings, and other real property in fee simple or subject to existing encumbrances.
  2. However, the state shall not be required to discharge any encumbrance from funds other than those received from the administration of the property.

History. Acts 1965, No. 565, § 4; A.S.A. 1947, § 80-3340.

6-62-505. Status of property as that of private person.

Subject to any restrictions which may be provided in the instrument of conveyance, property so conveyed to the State of Arkansas in trust for any tax-supported institution of higher learning within the state may be sold, leased, rented, subjected to mortgage indebtedness, and dealt with generally by the appropriate governing board in the same manner as the property of any private person.

History. Acts 1965, No. 565, § 5; A.S.A. 1947, § 80-3341.

6-62-506. Tax exemption.

All property so conveyed to the State of Arkansas shall be deemed property owned by the state exclusively for a public purpose and shall be exempt from taxation.

History. Acts 1965, No. 565, § 7; A.S.A. 1947, § 80-3343.

6-62-507. Income from property.

  1. All income derived from the administration of any such property shall be deposited in a separate account appropriately designated and shall inure to the benefit of and be used solely for the institution for whose benefit the conveyance shall have been made.
  2. Income derived from any such property shall not be charged against any appropriation which, except for a conveyance to the State of Arkansas, would otherwise have been made for the institution for whose benefit the conveyance shall have been made.

History. Acts 1965, No. 565, §§ 6, 8; A.S.A. 1947, §§ 80-3342, 80-3344.

Subchapter 6 — Transfer or Lease of Property

Effective Dates. Acts 1983 (1st Ex. Sess.), No. 11, § 14 and Acts 1983, No. 12, § 14: Oct. 31, 1983. Emergency clauses provided: “It has been found and it is hereby determined by the General Assembly that there is an acute shortage of funds available for the support of higher education in this State; that the Boards of Trustees of the Universities in the State own substantial property; and that the sale or leasing of such property would provide substantial additional moneys for use by such Boards in the operation of the respective Universities. Therefore, an emergency is declared to exist and this Act, being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from and after its passage and approval.”

Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 153: July 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Building Authority, the Arkansas Science and Technology Authority, the Department of Rural Services, and the Division of Land Surveys of the Arkansas Agriculture Department are inefficiently structured; that this inefficient structuring causes an excessive and unnecessary cost to the taxpayers of the this state; and that this act is essential to alleviating that financial burden. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2015.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-62-601. Definitions.

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

  1. “Bank funds” means any funds of a board that are neither appropriated from the State Treasury nor required to be deposited in the State Treasury;
  2. “Board” means the board of trustees of either the University of Arkansas, Arkansas State University, the University of Central Arkansas, Henderson State University, Arkansas Tech University, or Southern Arkansas University;
  3. “Lease agreement” means an agreement between an owner and a board pursuant to which the owner leases or subleases, or agrees to lease or sublease, property to the board;
    1. “Owner” means a person or group of persons to whom a board makes a transfer of property in accordance with the provisions of this subchapter.
    2. No member of the board shall have any interest, direct or indirect, in the owner;
  4. “Person” means a natural person, a firm, a general partnership, a limited partnership, an association, a corporation, or a public body;
  5. “Property” means any buildings or structures, utilities, on-site and off-site improvements, and other appurtenances and improvements, including the land upon which the building or structure is located, and undivided interests in any such property; and
  6. “Transfer” means to sell or to lease, as lessor or lessee.

History. Acts 1983 (1st Ex. Sess.), No. 11, § 1; 1983 (1st Ex. Sess.), No. 12, § 1; A.S.A. 1947, § 80-3391; Acts 1999, No. 823, § 1.

6-62-602. Transfer and lease authorized.

Subject to and in accordance with the provisions of this subchapter and in addition to any other statutory or inherent authority of a board, any board is authorized to transfer and simultaneously enter into a lease agreement concerning any property.

History. Acts 1983 (1st Ex. Sess.), No. 11, § 2; 1983 (1st Ex. Sess.), No. 12, § 2; A.S.A. 1947, § 80-3391.1; Acts 1999, No. 823, § 2.

6-62-603, 6-62-604. [Repealed.]

Publisher's Notes. Former §§ 6-62-603 and 6-62-604, concerning the subchapter as exclusive authority for transfers and the time limitation on initiation of transfers, were repealed by Acts 1999, No. 823, § 3. The sections were derived from the following sources:

6-62-603. Acts 1983 (1st Ex. Sess.), No. 11, § 12; 1983 (1st Ex. Sess.), No. 12, § 12; A.S.A. 1947, § 80-3391.11.

6-62-604. Acts 1983 (1st Ex. Sess.), No. 11, § 3; 1983 (1st Ex. Sess.), No. 12, § 3; A.S.A. 1947, § 80-3391.2.

6-62-605. Execution of contracts.

Boards are authorized to execute all contracts and legal instruments necessary and convenient to effectuate the transfers and the transactions herein authorized.

History. Acts 1983 (1st Ex. Sess.), No. 11, § 9; 1983 (1st Ex. Sess.), No. 12, § 9; A.S.A. 1947, § 80-3391.8.

6-62-606. Exemption from compliance with certain state and local laws — Review by the Building Authority Division.

  1. A board and an owner proceeding under this subchapter shall be exempt from compliance with all municipal and county land use restrictions, including without limitation zoning laws and requirements for obtaining building permits.
  2. In proceeding under this subchapter, it shall not be necessary for the board to comply with any other laws relating to the procurement, disposal, or leasing of property, including without limitation laws concerning the appointment of appraisers in connection therewith, laws restricting the obligation of funds for construction, and laws dealing with the improvement of historic structures, except that the transfer and the lease agreement shall be subject to the review and approval of the Building Authority Division.

History. Acts 1983 (1st Ex. Sess.), No. 11, §§ 10, 12; 1983 (1st Ex. Sess.), No. 12, §§ 10, 12; A.S.A. 1947, §§ 80-3391.9, 80-3391.11; Acts 2015 (1st Ex. Sess.), No. 7, § 4; 2015 (1st Ex. Sess.), No. 8, § 4; 2019, No. 910, § 6056.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided:

“Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(b) All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, and other funds, including the functions of budgeting or purchasing, are transferred to the Department of Finance and Administration, except as specified by this act.

“(c) All powers, duties, and functions, including rulemaking, regulation, and licensing, promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications are transferred to the Director of the Department of Finance and Administration.

“(d) The members of the Arkansas Building Authority Council, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the council except as specified in this act.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “the Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” in the section heading and in (b).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (b).

6-62-607. Right to mortgage or encumber property — Right to cure default.

  1. The transfer of any property shall authorize the owner to mortgage or otherwise encumber the property.
  2. However, the board shall retain the right to cure any default of the owner that could result in loss of possession by the owner, including a default in the payment of property taxes owed by such owner.

History. Acts 1983 (1st Ex. Sess.), No. 11, § 11; 1983 (1st Ex. Sess.), No. 12, § 11; A.S.A. 1947, § 80-3391.10.

6-62-608. Resolution authorizing transfer and lease.

  1. Before proceeding with any transfer, the board shall first determine, by resolution adopted at a legal meeting of the board:
    1. That the property proposed for transfer continues to be needed in the operation of the university; and
    2. That it is in the best interest of the university to transfer the property and use it as lessee under a lease agreement as provided in this subchapter.
  2. The resolution shall designate one (1) or more persons to act on behalf of the board to negotiate with potential owners concerning the terms of the transfer and lease agreement for the property described in the resolution.

History. Acts 1983 (1st Ex. Sess.), No. 11, § 3; 1983 (1st Ex. Sess.), No. 12, § 3; A.S.A. 1947, § 80-3391.2.

6-62-609. Negotiations — Terms of transfer.

  1. Subject to any requirements or limitations specified in the resolution, the persons so designated by the board shall proceed to negotiate with one (1) or more potential owners the transfer and lease agreement concerning the property described in the resolution.
  2. The transfer may be either for cash or on credit upon such terms and conditions and with such security as shall be approved by the board.
  3. The transfer price shall be an amount equal to not less than the fair market value of the property, determined as provided in § 6-62-610.
  4. The rent to be paid by the board under the lease agreement shall be not more than the fair market rental of the property, determined as provided in § 6-62-610.
  5. All terms of the transfer and lease agreement shall be subject to the approval of the board.

History. Acts 1983 (1st Ex. Sess.), No. 11, § 4; 1983 (1st Ex. Sess.), No. 12, § 4; A.S.A. 1947, § 80-3391.3.

6-62-610. Boards of appraisers — Determination of fair market value and fair market rental.

  1. The fair market value and fair market rental of the property shall be determined by a board of qualified professional appraisers, consisting of one (1) appraiser appointed by the board, one (1) appraiser appointed by the owner, and one (1) appraiser appointed by the Governor.
  2. In determining fair market rental, the board of appraisers shall give consideration to any improvements or additions to the property which the owner is obligated to make.
    1. If any two (2) of the appraisers agree on the fair market value or the fair market rental, this appraisal shall be taken as conclusive.
    2. If two (2) of the appraisers are unable to agree on either the fair market value or the fair market rental, the fair market value or fair market rental shall be determined by adding the fair market value or the fair market rental as determined by each of the three (3) appraisers and dividing the total by three (3).
  3. Each member of the board of appraisers shall, before entering upon his or her duties, make and subscribe, in duplicate, an affidavit that he or she is not in any manner interested either directly or indirectly in either the transfer of or lease agreement concerning said property and that he or she will well and truly, according to the best of his or her ability, appraise the fair market value or the fair market rental of the property in accordance with the provisions of his or her appointment.
  4. Copies of each instrument appointing an appraiser, copies of each affidavit of an appraiser, and copies of each appraisal made shall be filed with the board and with the owner.
  5. Each appraiser shall be entitled to reasonable compensation for his or her services and to reimbursement of his or her reasonable and necessary expenses incurred in connection with his or her services.
    1. The board shall have the responsibility of paying the appraiser appointed by it.
    2. The owner shall have the responsibility of paying the appraiser appointed by it.
    3. The charges of the appraiser appointed by the Governor shall be shared equally by the board and the owner.

History. Acts 1983 (1st Ex. Sess.), No. 11, § 5; 1983 (1st Ex. Sess.), No. 12, § 5; A.S.A. 1947, § 80-3391.4.

6-62-611. Agreement for transfer and lease of property — Instruments of conveyance — Title insurance.

    1. Upon completion of the determination of the fair market value and the fair market rental of the property, the board may enter into an agreement with the owner for the transfer of, which may be by lease from the board, as lessor, to the owner, as lessee, and lease agreement concerning the property.
    2. The agreement may provide that the owner will make improvements or additions to the property subject to the inspection and approval of all improvements and additions to the property by the Building Authority Division.
  1. Thereafter, as part of a simultaneous transaction, the board shall cause to be delivered to the owner appropriate instruments of conveyance to transfer the property to the owner, and the owner and the board shall enter into a lease agreement concerning the property.
  2. The instruments of conveyance shall contain such warranties and covenants of title as the parties shall have agreed to, and the board may furnish the owner title insurance or a commitment for title insurance.

History. Acts 1983 (1st Ex. Sess.), No. 11, § 6; 1983 (1st Ex. Sess.), No. 12, § 6; A.S.A. 1947, § 80-3391.5; Acts 2015 (1st Ex. Sess.), No. 7, § 5; 2015 (1st Ex. Sess.), No. 8, § 5; 2019, No. 910, § 6057.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided:

“Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(b) All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, and other funds, including the functions of budgeting or purchasing, are transferred to the Department of Finance and Administration, except as specified by this act.

“(c) All powers, duties, and functions, including rulemaking, regulation, and licensing, promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications are transferred to the Director of the Department of Finance and Administration.

“(d) The members of the Arkansas Building Authority Council, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the council except as specified in this act.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “the Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” in (a)(2).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a)(2).

6-62-612. Lease agreement — Repurchase of property.

  1. Except as otherwise provided in this subchapter, the lease agreement may be for such term and may contain such covenants and provisions to which the parties agree.
    1. The board's obligations under the lease agreement and under any other contract entered into pursuant to this subchapter shall be obligations only of the board, and in no event shall they constitute obligations for which the faith and credit of the State of Arkansas or any of its revenues are pledged.
    2. No member of the board shall be personally liable to perform any obligations under the lease agreement or under any other contract entered into pursuant to this subchapter or for any damages sustained by any person in connection with the lease agreement, any other contract entered into, or any actions taken pursuant to this subchapter unless he or she shall have acted with a corrupt intent.
  2. The lease agreement or any other contract entered into pursuant to this subchapter may provide that the obligations of the board are limited obligations payable solely from bank funds, or it may provide that the board's obligations are general obligations payable from any funds, including appropriated funds, available to the board.
  3. The lease agreement shall not pledge to the payment of rent any funds appropriated or to be appropriated from the State Treasury.
  4. To the extent that the obligations of the board are general obligations, the lease agreement or any other contract shall expressly provide that these obligations are subject to appropriations and that these obligations either terminate, or are subject to termination at the option of the board, not later than the end of each biennial period of the state.
    1. The lease agreement may give the board an option, a right of first refusal, to repurchase the property covered by the lease agreement, or a portion thereof, for a purchase price equal to not less than its fair market value at the time the option is exercised, determined as provided in § 6-62-610, and upon such other terms and conditions as provided therein.
    2. If the lease agreement provides for a purchase option, the board is authorized, upon determination of the repurchase price, to repurchase the property or to contract for the repurchase of the property.

History. Acts 1983 (1st Ex. Sess.), No. 11, § 7; 1983 (1st Ex. Sess.), No. 12, § 7; A.S.A. 1947, § 80-3391.6.

6-62-613. Bank funds.

  1. All moneys received by a board as consideration for the transfer of property, whether in the form of payment of the principal of or interest on the purchase price for property sold, rent for property leased or in any other form, and all investment earnings thereon, are specifically declared to be bank funds.
  2. Such moneys shall not be deposited in the State Treasury but shall be deposited in accounts of the board in one (1) or more banks selected by the board.
    1. Such moneys may be used for any lawful purpose specified by the board without the necessity of legislative authorization or voucher examination and approval under § 19-4-801 et seq.
    2. However, no part of the moneys shall ever be used to pay current operating expenses of the university other than in connection with the property for which such moneys were received.
  3. The board may invest and reinvest all or part of such moneys. Such investments and expenditures shall be subject to audit as provided by law.

History. Acts 1983 (1st Ex. Sess.), No. 11, § 8; 1983 (1st Ex. Sess.), No. 12, § 8; A.S.A. 1947, § 80-3391.7.

Subchapter 7 — Arkansas College Savings Bond Act

Publisher's Notes. Acts 1991, No. 102, § 3[8], provided:

“It is the intent of the Arkansas General Assembly that participation in the purchasing of the bonds issued under Act 683 of 1989 by many Arkansas investors should be maximized. To this end, the Arkansas Development Finance Authority is urged to issue the bonds in small denominations so that they can be purchased by individual Arkansas citizens for college-bound students.”

Effective Dates. Acts 1989, No. 683, § 29: Emergency failed to pass. Emergency clause provided: “It has been found and it is hereby declared by the General Assembly that there is an immediate need for the development of the State's higher education resources and to further assist the higher education goals and aspirations of its inhabitants, and other essential purposes. For these reasons, it is declared necessary for the preservation of the public peace, health, and safety that this act become effective without delay. It is therefore, declared that an emergency exists, and this Act shall take effect from the date of its passage and approval.”

Acts 1991, No. 102, § 12: Feb. 12, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly, that the people of this state approved the issuance of general obligation bonds for the improvement of higher education institutions on this state; that in approving these bonds certain statements were made by various public officials concerning the use of the proceeds of the bonds issue and the costs associated with said issue; and that clarification of this act is required immediately before the bonds are made available to the public. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval.”

Acts 1995, No. 1167, § 11: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1997, No. 342, § 51: Mar. 5, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that previous General Assemblies have provided appropriations for the projects provided or enumerated in this act; that certain appropriations will expire before the adjournment of the General Assembly; and that if such appropriations expire, the projects and programs authorized herein will cease thereby depriving the citizens of the State of the benefits to be derived from such projects. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval.”

Acts 1997, No. 1211, § 40: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1997 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1997.”

Acts 2019, No. 82, § 23: July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the General Improvement Fund should no longer be utilized; that the Development and Enhancement Fund is necessary to complete unfinished state projects; and that this act is necessary to address infrastructure needs and unanticipated needs of the State of Arkansas. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-62-701. Title.

This subchapter may be referred to and cited as the “Arkansas College Savings Bond Act of 1989”.

History. Acts 1989, No. 683, § 1.

6-62-702. Legislative findings and declaration of public necessity.

The General Assembly hereby finds:

  1. The availability of higher educational opportunities for families in the state with school-age children has become increasingly necessary in order to preserve and protect the health, welfare, and prosperity of the state and its citizens and the increasing competitiveness and technological sophistication of today's products, services, and markets and the growing importance of our dynamic economy requires a highly educated and well-trained work force in order for the state to preserve, protect, and promote employment opportunities;
  2. A strong system of higher education has been and will continue to be not only a wellspring for the enhancement of the state's cultural well-being, but also a substantial contributing factor to the growth of the state's economy by stimulating the development of new products and services, and the ability of families who are residents of the state to provide the means to afford the cost of higher education for the children in the family is a matter of highest concern to those families;
  3. The state has made a substantial investment in higher education through direct support of public higher education through appropriations, grants, subsidies, and loans, through support of student assistance, and its citizens, and through charitable and philanthropic support to public and private institutions of higher education from individuals and organizations within the state. As a result of this investment, the state has a major financial interest in assisting families in providing themselves with the means to bear the cost of higher education;
  4. In recent years tuition and other costs such as required fees and charges, room and board, and similar expenses have increased at rates in excess of the average inflation rate, while available sources of student assistance have not kept pace with those costs. Families have not found convenient and simple methods to make secure investments which meet the rising cost of higher education. The state would benefit from a program which would decrease families' reliance on borrowed funds and increase their opportunity to invest and save to meet college expenses;
  5. There is a growing need for the state to undertake projects to renew and expand the state's higher education facilities and physical plant, including the construction, repair, expansion, and renewal of various education facilities, and to provide for the acquisition of teaching and research equipment and library assets;
  6. As a consequence of the importance to the state in providing an appropriate vehicle for state residents in which to invest for the cost of higher education at a time when there is a present and growing need for the state to finance major improvements for its state institutions of higher education, an opportunity exists to address those combined and interrelated objectives of the state through a program which provides for the financing of a portion of the state institutions' higher education needs through a financing program also designed to meet the needs of families who desire a suitable investment to provide against the rising cost of higher education; and
  7. The General Assembly therefore finds that the public policies and responsibilities of the state as set out in this section cannot be fully obtained without the use of public financing and that such public financing can only be provided by the adoption of this subchapter by the General Assembly and its approval by the electors of the state.

History. Acts 1989, No. 683, § 2.

6-62-703. Definitions.

In this subchapter, unless the context otherwise requires:

  1. “Authority” means the Arkansas Development Finance Authority;
  2. “Cost of higher education” shall include, but not be limited to, the cost of tuition, room and board related to instruction, books, laboratory materials, tools, and other supplies necessary and related to a course of instruction at an institution of higher education;
  3. “Debt service” means principal, interest, and redemption premiums, if any, and trustees' and paying agents' and like servicing fees relative to the bonds;
  4. “Develop” means to construct, acquire by purchase or, as set forth herein, by eminent domain, install or equip any lands, buildings, improvements, machinery, equipment, or other properties of whatever nature, real, personal, or mixed;
  5. “Institution of higher education” means any public university, college, technical college, and community college now or hereafter established or authorized by the General Assembly or any nonpublicly supported not-for-profit college or university;
  6. “Person” means any individual, partnership, or corporation, or any county, municipality, or school district of the State of Arkansas, or agency thereof, or any agency of the State of Arkansas;
  7. “Project” means any lands, buildings, improvements, machinery, equipment, or other property, real, personal, or mixed, or any combination thereof, developed in pursuance of all or any of the purposes of this subchapter;
  8. “Project costs” means all or any part of the costs of developing any project hereunder, costs incidental or appropriate thereto, and costs incidental or appropriate to the financing thereof, including, without limitation, capitalized interest, appropriate reserves and fees and costs for engineering, legal, and other administrative and consultant services;
  9. “State” means the State of Arkansas;
  10. “State board” means the Arkansas Higher Education Coordinating Board; and
  11. “State institution of higher education” means any public university, college, technical college, and community college now or hereafter established or authorized by the General Assembly.

History. Acts 1989, No. 683, § 4; 1991, No. 102, §§ 2, 3; 1993, No. 171, § 1.

6-62-704. Construction.

  1. This subchapter shall be liberally construed to accomplish the purposes hereof. This subchapter shall constitute the sole authority necessary to accomplish the purposes hereof, and to this end it shall not be necessary that the provisions of other laws pertaining to the development of public facilities and properties and the financing thereof be complied with.
  2. This subchapter shall be interpreted to supplement existing laws conferring rights and powers upon the Arkansas Development Finance Authority and the Arkansas Higher Education Coordinating Board, and the rights and powers set forth herein shall be regarded as alternative methods for the accomplishment of the purposes of this subchapter.

History. Acts 1989, No. 683, § 27.

6-62-705. Power and duties of Arkansas Development Finance Authority and Arkansas Higher Education Coordinating Board.

  1. The Arkansas Development Finance Authority and the Arkansas Higher Education Coordinating Board, jointly, in addition to powers conferred under other laws, shall have the power under this subchapter to:
    1. Provide loans from bond proceeds to state institutions of higher education, including technical colleges, community colleges, or agencies and instrumentalities of the state for payment of project costs;
    2. Construct or cause to be constructed with proceeds of the bonds or loans by the authority and the board, lease as lessee, and in any manner acquire, own, hold, maintain, operate, sell, dispose of, lease as lessor, exchange, mortgage, or lend with respect to all or any part of any project;
    3. Acquire, own, hold, use, exercise, sell, mortgage, pledge, hypothecate, and in any manner to dispose of franchises, rights, privileges, licenses, rights-of-way, and easements necessary, useful, or appropriate for the exercise of the powers or implementation or the purposes set forth in this subchapter;
    4. Sell and convey, mortgage, pledge, lease as lessor, and otherwise dispose of all or any part of any project or other properties, tangible or intangible, including, without limitation, franchises, rights, privileges, licenses, rights-of-way, and easements;
    5. Have and exercise the right of eminent domain for the purpose of acquiring lands, the fee title thereto or any easement, right-of-way, or other interest or estate therein, for projects or portions thereof, by the procedure now provided for condemnation by railroads by §§ 18-15-1201 — 18-15-1207;
    6. Make or accept gifts or grants of moneys, services, franchises, rights, privileges, licenses, rights-of-way, easements, or other property, real or personal or mixed;
    7. Make any and all contracts necessary or convenient for the exercise of the powers or implementation of the purposes set forth in this subchapter;
    8. Fix, regulate, and collect rates, fees, rents, or other charges for the use of any properties or services furnished by the authority or the board;
    9. Require audits of any or all accounts related to construction, operation, or maintenance of any project funded by this subchapter;
    10. Take reasonable actions necessary to ensure that debt service requirements are met; and
    11. Take such other action as may be appropriate to accomplish the purposes of this subchapter.
  2. The board and the authority are authorized to promulgate rules with respect to their powers and duties pursuant to this subchapter.

History. Acts 1989, No. 683, §§ 14, 25; 1993, No. 171, § 2; 2019, No. 315, § 376.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (b).

6-62-706. Financial resources or financial aid or assistance.

  1. The Arkansas Development Finance Authority, with the assistance of the Arkansas Higher Education Coordinating Board, shall develop and implement an educational program with marketing strategies designed to inform parents of the options available for financing a college education and the need to accumulate financial resources necessary to pay for a college education.
  2. In evaluating the financial situation of a student, proceeds of bonds or accumulated bonds and interest in an amount not in excess of five thousand dollars ($5,000) annually for undergraduate students, and not in excess of seven thousand five hundred dollars ($7,500) for postgraduate students shall not be deemed a financial resource of or a form of financial aid or assistance to such student, for the purposes of determining the eligibility of such student for any scholarship, grant, or monetary assistance awarded by the state or any agency thereof, nor shall such annual amounts of proceeds of any bond or accumulated bonds and interest provided for a qualified student under this subchapter reduce the amount of any scholarship, grant, or monetary assistance that such student is entitled to be awarded by the state or any agency thereof in accordance with the provisions of any other section of this subchapter or any other law of this state.

History. Acts 1989, No. 683, §§ 23, 24.

A.C.R.C. Notes. Acts 1989, No. 683, § 24, provided, in part, that the Authority “shall report to the Governor and the General Assembly on the program developed and its operation no later than September 30, 1991.”

6-62-707. Bonds — Authorization — Amount outstanding.

The Arkansas Development Finance Authority, the “authority”, on behalf of the State of Arkansas is hereby authorized to issue bonds and to have bonds outstanding which shall be general obligations of the State of Arkansas, to be known as Arkansas college savings general obligation bonds, the “bonds”, in the total principal amount of not exceeding three hundred million dollars ($300,000,000), for the purposes set forth herein.

History. Acts 1989, No. 683, §§ 3(a), 20; 1991, No. 102, § 1.

6-62-708. Bonds — Principal amount.

The total principal amount of bonds to be issued during any fiscal biennium shall not exceed three hundred million dollars ($300,000,000), nor shall the principal amount of bonds outstanding at any time have debt service requirements in excess of twenty-four million dollars ($24,000,000) in any one (1) fiscal year from all sources.

History. Acts 1989, No. 683, § 3(b); 1991, No. 102, § 1; 1995, No. 1167, § 5; 1997, No. 342, § 43; 1997, No. 1211, § 32.

A.C.R.C. Notes. Acts 2013, No. 1397, § 26, provided: “COLLEGE SAVINGS BONDS LIMITATIONS.

The total principal amount of bonds to be issued during any fiscal biennium shall not exceed three-hundred million dollars ($300,000,000), nor shall the principal amount of bonds outstanding at any time have debt service requirements in excess of twenty-four million dollars ($24,000,000) in any one fiscal year from all state revenue sources.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 104, § 26, provided:

“COLLEGE SAVINGS BONDS LIMITATIONS. The total principal amount of bonds to be issued during any fiscal biennium shall not exceed three-hundred million dollars ($300,000,000), nor shall the principal amount of bonds outstanding at any time have debt service requirements in excess of twenty-four million dollars ($24,000,000) in any one fiscal year from all state revenue sources.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

6-62-709. Bonds — Issuance — Duties of Arkansas Higher Education Coordinating Board and Arkansas Development Finance Authority.

  1. Provided further that, before any bonds may be issued during any fiscal biennium, the Arkansas Higher Education Coordinating Board shall submit to the Governor a written plan for projects to be performed with the proceeds derived from the sale of such bonds, the need for, the estimated benefits thereof, and the anticipated debt service requirements. None of the proceeds from the issuance of the bonds as authorized herein shall be used for athletic facilities.
  2. Upon receipt thereof, the Governor shall confer with the Chief Fiscal Officer of the State concerning the amount available in the state General Improvement Fund or its successor fund or fund accounts, including the Development and Enhancement Fund, which funds shall be used to defray the debt service requirements in amounts as are determined to be available. The Chief Fiscal Officer of the State shall then determine whether the annual amount of general revenue funds required to be set aside from the net general revenue as defined in the Revenue Stabilization Law, § 19-5-101 et seq., for payment of the remaining debt service requirements in connection with the bonds during either year of the fiscal biennium in which the bonds are to be issued, would work undue hardship upon any agency or program supported from general revenues under the Revenue Stabilization Law, § 19-5-101 et seq.
  3. In connection with its duties and powers hereunder, the Arkansas Development Finance Authority shall have the following responsibilities:
    1. To make recommendations to the Governor and the Chief Fiscal Officer of the State regarding the marketing of the bonds to ensure, to the extent possible, their broad distribution throughout the state for educational purposes;
    2. To advise the Governor and the Chief Fiscal Officer of the State on an effective advertising campaign to inform the general public about the bonds and their availability;
    3. To advise the Governor and the Chief Fiscal Officer of the State regarding the increments in which to market the bonds and recommend maturity dates which will make funds available to purchasers at a time when such funds are needed for educational purposes;
    4. To advise the Governor and the Chief Fiscal Officer of the State regarding additional financial incentives as provided in this subchapter;
    5. To advise the Governor and the Chief Fiscal Officer of the State on the minimum denominations to market the bonds so that they are affordable by individuals;
    6. To evaluate the feasibility of staggered or periodic forms of payment for bonds, and to advise the Governor and Chief Fiscal Officer of the State regarding such evaluation;
    7. After the initial sale of bonds, to assess the effectiveness of the program and recommend constructive changes to the Governor and the Chief Fiscal Officer of the State regarding future bond sales; and
    8. To study and review alternative investment instruments with respect to their suitability for a college savings program.
  4. Upon conclusion of such studies, the Governor shall, if he or she deems the same to be in the public interest, by proclamation, authorize the board and the authority to proceed with the issuance of the bonds as provided herein.
  5. If the Governor shall decline or refuse to give his or her approval for the issuance of such bonds, and shall decline to issue a proclamation approving the issuance thereof, the Governor shall promptly notify the board and the authority, in writing, and the authority shall not issue such bonds, but the board may resubmit a request to the Governor for the issuance thereof within one (1) year from the date of notice of the Governor's refusal to grant approval for the issuance thereof.
  6. The issue as resubmitted to the Governor shall be dealt with in the same manner as provided for the initial request for authority to issue the bonds.

History. Acts 1989, No. 683, § 3; 1991, No. 102, § 1; 2019, No. 82, § 2.

A.C.R.C. Notes. Acts 2019, No. 82, § 1, provided: “Legislative intent.

It is the intent of the General Assembly that the creation of the Development and Enhancement Fund is necessary to provide a mechanism to disburse funds for:

“(1) Various construction and improvement projects;

“(2) Unforeseen needs;

“(3) Funding deficiencies; and

“(4) The completion of projects previously funded by the General Assembly”.

Amendments. The 2019 amendment, in (b), inserted “or its successor fund or fund accounts, including the Development and Enhancement Fund”, and made stylistic changes.

6-62-710. Bonds — Financial incentives.

  1. The proceedings of the Arkansas Higher Education Coordinating Board, the Arkansas Development Finance Authority and the Governor authorizing the issuance of bonds may also provide for additional financial incentives to be provided to holders of such bonds to encourage the enrollment of students at institutions of higher education located within the state.
    1. Such financial incentives shall be in the form as recommended by the state board and approved by the Governor and Chief Fiscal Officer of the State at the time of the authorization of such bonds and may include, among others, supplemental payments to the holders of such bonds at maturity when such proceeds are to be applied to the cost of higher education as defined in § 6-62-703(2) at an institution of higher education located within the state.
    2. Such financial incentives shall be provided only if, in the sole judgment of the Governor and the Chief Fiscal Officer of the State that the cost of such incentives shall not cause the cost to the state of the proceeds of the bonds being sold to be increased by more than one-half of one percent (0.5%).
  2. No such financial incentives shall be paid to assist in the financing of an education of a student:
    1. In a school or department of divinity for any religious denomination; or
    2. Pursuing a course of study consisting of training to become a minister, priest, rabbi, or professional person in the field of religion.

History. Acts 1989, No. 683, § 19.

6-62-711. Bonds — Purposes.

Bonds issued under this subchapter shall be issued for the purpose of financing the development of higher education projects at state institutions of higher education, and the proceeds of any bonds issued under this subchapter shall be applied for the payment of project costs or the refunding of bonds outstanding as authorized in §§ 6-62-709(b) and (c) and 6-62-715.

History. Acts 1989, No. 683, § 6.

6-62-712. Bonds — Terms and conditions generally.

The bonds:

  1. May be issued in the form of coupon bonds, payable to bearer, or as bonds registered as to principal only with interest coupons, or as bonds registered as to both principal and interest without coupons;
  2. May be in such denominations;
  3. May be made exchangeable for bonds of another form or denomination, bearing the same rate of interest and date of maturity;
  4. May be made payable as to principal and interest at such places within or without the state;
  5. May be made subject to redemption prior to maturity in such manner and for such redemption prices; and
  6. May contain such other terms and conditions all as the Arkansas Development Finance Authority shall determine.

History. Acts 1989, No. 683, § 5.

6-62-713. Bonds — Terms and conditions — Series bonds.

  1. The bonds shall be issued whether or not the interest is subject to federal income taxation, in series, as set forth herein, in amounts sufficient to finance all or any part of project costs with the respective series to be designated in alphabetical order or by the year in which issued.
  2. The bonds of each series shall:
    1. Have such date as the Arkansas Development Finance Authority shall determine and shall mature semiannually or annually, or be subject to mandatory sinking fund redemption, over a period ending not later than thirty (30) years after the date of the bonds of each series so as to provide annual debt service of approximately equal amounts insofar as practicable each year throughout the term of the bonds, as determined by the authority. Pending the issuance of bonds hereunder, the authority may issue temporary notes, to be exchanged for or paid from the proceeds of bonds at such times as bonds may be issued;
    2. Bear interest at the rate or rates accepted by the authority at the sale of the bonds. Interest shall be payable at such times and in such manner as the authority shall determine, including the utilization of zero coupon or capital appreciation bonds; and
    3. Have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to the provisions regarding registration of ownership set forth above.

History. Acts 1989, No. 683, § 5.

6-62-714. Bonds — Resolution or trust indenture — Selection of projects.

  1. All bonds issued hereunder shall be authorized by resolution of the Arkansas Development Finance Authority. Each such resolution shall contain such terms, covenants, and conditions as are deemed desirable, including, without limitation, those pertaining to the establishment and maintenance of funds and accounts, to the deposit and investment of revenues and of bond proceeds, and to the rights and obligations of the state, its officers and officials, the authority, and the holders and registered owners of the bonds. All bonds issued under this subchapter shall be on a parity as to security. The resolution of the authority may provide for the execution and delivery by the authority of a trust indenture or trust indentures, with a bank or banks located within or without the state, containing any of the terms, covenants, and conditions referred to above, which trust indenture or trust indentures shall be binding upon the state and its officers and officials to the extent set forth in this subchapter.
  2. Any resolution or trust indenture adopted or executed under this section shall provide that power is reserved to apply to the payment of debt service on the bonds issued or secured thereunder all or any part of the revenues derived from any program or project financed by such bonds, and, to the extent of such revenues, to release from any requirement of such resolution or trust indenture other revenues and resources of the state, including, without limitation, the net general revenue required to be transferred under § 6-62-719.
  3. Any resolution of trust indenture adopted or executed under this section may provide for the retirement and defeasance of the bonds by the depositing in trust of cash or investments maintained for that purpose, and, when the provisions of such resolution or trust indenture are complied with, such bonds being refunded shall not be deemed to be bonds outstanding for the purposes of this subchapter.
  4. The Arkansas Higher Education Coordinating Board may select projects for financing and development under this subchapter which offer reasonable and realistic prospects for the production of revenues, whether by direct user fees, sales, royalties, program or gate receipts, or otherwise.

History. Acts 1989, No. 683, § 7; 1991, No. 102, § 4.

6-62-715. Refunding bonds.

  1. Bonds may also be issued for the purpose of refunding, either at maturity or in advance of maturity, any bonds issued under this subchapter.
    1. Such refunding bonds may either be sold or delivered in exchange for the bonds being refunded.
    2. If sold, the proceeds may either be applied to the payment of the bonds being refunded or deposited in trust and there maintained in cash or investments for the retirement of the bonds refunded, as shall be specified by the Arkansas Development Finance Authority and the authorizing resolution or trust indenture securing such refunding bonds.
  2. The authorizing resolution or trust indenture securing the refunding bonds may provide that the refunding bonds shall have the same security for their payment as provided for the bonds being refunded. Refunding bonds shall be sold and secured in accordance with provisions of this subchapter pertaining to the sale and security of the bonds.

History. Acts 1989, No. 683, § 20.

6-62-716. Bonds — Execution.

  1. Each bond shall be signed with the facsimile signatures of the Governor, the Secretary of State, and the Chair of the Arkansas Development Finance Authority and by the manual or facsimile signature of the Treasurer of State or by a deputy of the Treasurer of State, and shall have affixed or imprinted thereon the Great Seal of the State of Arkansas.
  2. Interest coupons attached to the bonds, if any, shall be signed with the facsimile signature of the Treasurer of State.
  3. Delivery of bonds and coupons so executed shall be valid, notwithstanding any change in persons holding such offices occurring after the bonds have been executed.

History. Acts 1989, No. 683, § 8.

6-62-717. Bonds — Sale — Employment of administrative agents, fiscal agents, and legal counsel.

  1. The bonds may be sold in such manner, either at public or private sale, and upon such terms as the Arkansas Deveopment Finance Authority shall determine to be reasonable and expedient for effectuating the purposes of this subchapter. The bonds may be sold at such prices as the authority may accept, including, but not limited to, sale at discount or a premium.
    1. If the bonds are sold at public sale, such public sale shall be on sealed bids, after notice published by the chair of the authority for at least one (1) insertion not less than twenty (20) days before the date of sale in a newspaper published in Little Rock, Arkansas, and in a financial newspaper or journal published in the Borough of Manhattan, City and State of New York, which notice shall contain such other terms and provisions as the authority determines to be desirable.
    2. The authority shall award the sale to the bidder offering to purchase the bonds at a price which results in the lowest net interest cost or true interest to the State of Arkansas determined by computing the total interest cost from date of the issue to maturity, and deducting therefrom any premium bid and adding thereto the amount of any discount bid.
    3. Provided, however, the authority shall reserve the right to reject all bids tendered at such public sale.
  2. If the bonds are sold at a private or negotiated sale, within ninety (90) days following the close of such bond issue, the authority shall file with the Legislative Council a written report of the details of the bond sale, which report shall include a listing of the firms to whom the sale was made, the rate or rates of interest paid for the bonds, the underwriting fee or discount, and other details of the underwriting of the bonds.
  3. The costs of publication of notices, bond printing, official statements, other documents, and other costs associated with the sale, issuance, and delivery of the bonds shall be paid from the proceeds of the bonds.
  4. The authority may employ administrative agents, fiscal agents, and legal counsel and may pay them reasonable compensation out of the proceeds of the bonds.

History. Acts 1989, No. 683, § 9.

6-62-718. Bonds — General obligations — Pledge of revenues.

  1. The bonds shall be direct general obligations of the State of Arkansas, for the payment of the debt service on which the full faith and credit of the State of Arkansas are hereby irrevocably pledged so long as any such bonds are outstanding.
  2. The bonds shall be payable from the general revenues of the state as such term is defined in the Revenue Stabilization Law, § 19-5-101 et seq., and such amount of general revenues as is necessary is hereby pledged to the payment of debt service on the bonds and shall be and remain pledged for such purposes.

History. Acts 1989, No. 683, § 11.

6-62-719. Bonds — Payment — Bond fund — Debt Service Reserve Fund.

  1. On or before the commencement of each fiscal year, the Chief Fiscal Officer of the State shall determine the estimated amount required for payment of all or a part of debt service on the bonds issued under this subchapter during such fiscal year, after making deductions therefrom of estimated moneys to be available to the authority from other sources therefor and making the necessary transfer of such moneys, and shall certify such estimated amount to the Treasurer of State, who shall make monthly transfers from the State Apportionment Fund to the bond fund to provide for payment of all or part of the debt service on the bonds issued under this subchapter, of such amount of net general revenue as such term is defined in the Revenue Stabilization Law, § 19-5-101 et seq., as shall be required to pay the maturing debt service on bonds issued under this subchapter.
    1. The Treasurer of State shall make such additional monthly transfer or transfers of net general revenue as the Chief Fiscal Officer of the State shall certify to him or her as being required to enable the Arkansas Deveopment Finance Authority to establish and thereafter maintain a debt service reserve fund, to provide a reserve or reserves for payment of debt service on the bonds.
      1. The obligation to make monthly transfers of net general revenue from the State Apportionment Fund to the bond fund and to the debt service reserve fund shall constitute a first charge against said net general revenue prior to all other uses to which said net general revenue are devoted, either under present law or under any laws that may be enacted in the future;
      2. Provided, however, that, to the extent other general obligation bonds of the state may subsequently be incurred, all such general obligation bonds shall rank on a priority of security with respect to payment from net general revenue.
  2. Moneys credited to the bond fund and the debt service reserve fund shall be used only for the purpose of paying debt service on the bonds, either at maturity or upon redemption prior to maturity, and for such purposes, the Treasurer of State is hereby designated disbursing officer to administer such funds in accordance with the provisions of this subchapter.
  3. The debt service reserve fund shall be held and used to ensure prompt payment of debt service on the bonds in such manner and pursuant to such conditions as may be specified by the authority in the resolution or trust indenture authorizing or securing such bonds.
  4. Moneys in the bond fund and the debt service reserve fund over and above the amount necessary to ensure the prompt payment of debt service on the bonds, and the establishment and maintenance of a reserve fund, if any, may be used for the redemption of bonds prior to maturity in the manner and in accordance with the provisions pertaining to redemption prior to maturity, as set forth in the resolution or trust indenture authorizing or securing such bonds.

History. Acts 1989, No. 683, § 12; 1991, No. 102, § 6.

6-62-720. Bond — Tax exemption — Legal investments.

  1. All bonds issued under this subchapter, and interest thereon, shall be exempt from all taxes of the State of Arkansas, including income, inheritance, and property taxes.
  2. The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment of municipal, county, bank, fiduciary, insurance company, and trust funds.

History. Acts 1989, No. 683, § 13.

6-62-721. Bonds — Rights and liabilities — Enforcement.

  1. This subchapter shall constitute a contract between the State of Arkansas and the holders and registered owners of all bonds issued hereunder which shall never be impaired, and any violation of its terms, whether under purported legislative authority or otherwise, shall be enjoined by the courts at the suit of any bondholder or of any taxpayer.
  2. The courts, in like suit against the Arkansas Development Finance Authority or the state board, the Treasurer of State, or other appropriate officer or official of the state, shall prevent a diversion of any revenues pledged hereunder and shall compel the restoration of diverted revenues, by injunction or mandamus.
  3. Also and without limitation as to any other appropriate remedy at law or in equity, any bondholder, by an appropriate action, including without limitation, injunction or mandamus, may compel the performance of all covenants and obligations of the state, its officers and officials, hereunder.

History. Acts 1989, No. 683, § 15.

6-62-722. Bonds — Rights and liabilities — Commencement.

This subchapter shall not create any right of any character, and no right of any character shall arise under or pursuant to it unless and until the first series of bonds authorized by this subchapter shall have been sold and delivered.

History. Acts 1989, No. 683, § 16.

6-62-723. Bonds — Deposit of proceeds.

  1. The proceeds from the sale of the bonds, together with all revenues derived from any project financed under this subchapter shall be deposited by the Arkansas Development Finance Authority, as received, into trust funds in the State Treasury, to accomplish the purposes of this subchapter, specifically, in amounts or portions as may be set forth in the resolution or trust indenture authorizing or securing the bonds issued to finance the development of such project, into trust funds created hereby and designated as follows:
    1. Into the Higher Education Projects Development Fund, to provide for the development of projects at state institutions of higher education and the payment of project costs and expenses of the issuance of the bonds;
    2. Into the College Savings Bond Fund, to provide for payment of all or a part of debt service on bonds issued under this subchapter; and
    3. Into the College Savings Bond Debt Service Reserve Fund, to provide a reserve or reserves for payment of debt service on the bonds.
  2. The Treasurer of State is authorized and directed to establish separate accounts within such funds to correspond to the applicable series of bonds. In addition, there may be created in the State Treasury such other funds or accounts as the authority may determine in said resolution or trust indenture to be necessary to accomplish the purposes of this subchapter.

History. Acts 1989, No. 683, § 10.

6-62-724. Bonds — Investment and disbursement of funds.

  1. Any moneys held in any fund created under this subchapter shall be invested by the State Board of Finance to the full extent practicable pending disbursement for the purposes intended. Notwithstanding any other provision of law, such investments shall be in accordance with the terms of the resolution or trust indenture as applicable.
  2. Moneys on deposit in the Higher Education Projects Development Fund shall only be disbursed for a project when requisitioned by the chair of the Arkansas Higher Education Coordinating Board, or duly authorized designee, and approved by the Chief Fiscal Officer of the State, or duly authorized designee, which requisition shall certify that the funds disbursed thereby are for the payment of project costs of a higher education project duly approved by the Arkansas Higher Education Coordinating Board.

History. Acts 1989, No. 683, §§ 21, 22; 1991, No. 102, §§ 5, 7.

6-62-725. Judicial review — Priority.

All cases involving the validity of this subchapter or any portion thereof, or in any way arising under this subchapter or involving the bonds issued hereunder, shall be deemed of public interest and shall be advanced by all courts and heard as a preferred cause, and all appeals from judgments or decrees rendered in such cases must be taken within thirty (30) days after the rendition of such judgment or decree.

History. Acts 1989, No. 683, § 26.

6-62-726. Rules.

  1. The Division of Higher Education or other agency to which the appropriation for college savings bonds is provided shall adopt rules for the allocation of the funds reappropriated for the development of projects at state institutions of higher education and the payment of project costs and expenses of the issuance of the bonds under this subchapter in order to ensure that funds are allocated and expended in a manner consistent with the applicable provisions of the Internal Revenue Code, 26 U.S.C. § 1 et seq.
  2. The funds reappropriated for the development of projects at state institutions of higher education and the payment of project costs and expenses of the issuance of the bonds under this subchapter shall be allocated and expended pursuant to the provisions of this subchapter and other laws of this state.
  3. The expenditure and allocation of funds shall be exempt from any other provisions of state law that conflict with any provision of the rules which are required to ensure the compliance of the program with the applicable provisions of the Internal Revenue Code.

History. Acts 1997, No. 342, § 42; 2019, No. 315, § 377; 2019, No. 910, § 2000.

A.C.R.C. Notes. Acts 2013, No. 1397, § 25, provided: “COLLEGE SAVINGS BONDS. The Department of Higher Education shall adopt rules and regulations for the allocation of the funds reappropriated for the development of projects at State Institutions of Higher Education and the payment of project costs and expenses of the issuance of the bonds of the Arkansas College Savings General Obligation Bonds Program to ensure that funds are allocated and expended in a manner consistent with the provisions of the Internal Revenue Code applicable to the Arkansas College Savings General Obligation Bond Program (Program). The funds reappropriated for the development of projects at State Institutions of Higher Education and the payment of project costs and expenses of the issuance of the bonds of the Arkansas College Savings General Obligation Bonds Program shall be allocated and expended pursuant to the provisions of Arkansas Code 6-62-701 et seq. and other laws of this State. The expenditure and allocation of funds shall be exempt from any other provisions of state law which conflicts with any provision of the rules and regulations which rules and regulations are required to ensure the compliance of the Program with the applicable provisions of the Internal Revenue Code. The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 104, § 25, provided:

“COLLEGE SAVINGS BOND. The Department of Higher Education shall adopt rules and regulations for the allocation of the funds reappropriated for the development of projects at State Institutions of Higher Education and the payment of project costs and expenses of the issuance of the bonds of the Arkansas College Savings General Obligation Bonds Program to ensure that funds are allocated and expended in a manner consistent with the provisions of the Internal Revenue Code applicable to the Arkansas College Savings General Obligation Bond Program (Program). The funds reappropriated for the development of projects at State Institutions of Higher Education and the payment of project costs and expenses of the issuance of the bonds of the Arkansas College Savings General Obligation Bonds Program shall be allocated and expended pursuant to the provisions of Arkansas Code 6-62-701 et seq. and other laws of this State. The expenditure and allocation of funds shall be exempt from any other provisions of state law which conflicts with any provision of the rules and regulations which rules and regulations are required to ensure the compliance of the Program with the applicable provisions of the Internal Revenue Code.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (a).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (a).

6-62-727. [Repealed.]

Publisher's Notes. This section, concerning the rules and regulations, was repealed by Acts 2013, No. 1155, § 20. The section was derived from Acts 1997, No. 1211, § 31.

Subchapter 8 — Athletic Programs

Effective Dates. Acts 1997, No. 954, § 6: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that the state-supported institutions of higher education should be authorized to utilize additional unrestricted educational and general funds for providing gender equity in intercollegiate athletic programs; that such authority should begin at the beginning of the next fiscal year; that this act grants such authority; and that this act will not go into effect until after the beginning of the next fiscal year unless this emergency clause is adopted. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1997.”

Acts 1999, No. 1180, § 44: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1999 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1999 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1999.”

Acts 2005, No. 2288, § 3: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the limitations on athletic expenditure has not been adjusted as necessary to allow for increases in inflation; that this adjustment is necessary to allow necessary expenditures for institutions of higher education; and that it is necessary for this act to begin on July 1, 2005, because that is the beginning of the fiscal year. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2005.”

Acts 2013, No. 1397, § 49: July 1, 2013. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2013 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2013 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2013.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-62-801. Purpose.

The Arkansas Higher Education Coordinating Board is authorized and directed to limit unrestricted educational and general funds used to support intercollegiate athletic programs and to provide fair and equitable treatment in the amount of state subsidy of athletic program expenditures at state-supported institutions of higher education.

History. Acts 1991, No. 366, § 1.

6-62-802. Definitions.

As used in this subchapter:

  1. “Athletic deficit” means the amount of athletic expenditures offset by the amount of athletic revenues, including:
    1. Athletic-generated income;
    2. Profits from other auxiliary enterprises;
    3. The federally funded portion of college work-study students in the intercollegiate athletic program;
    4. Transfers from funds other than the unrestricted educational and general fund; and
    5. The allowable unrestricted educational and general transfer for four-year institutions, for two-year branches of four-year institutions, and for other two-year institutions of higher education;
  2. “Athletic expenditures” means:
    1. All direct and indirect expenses, prorated if necessary, including salaries;
    2. All fringe benefits such as medical and dental insurance, workers' compensation, pension plans, tuition waivers, and any other cost associated with recruitment and retention of staff;
    3. Travel;
    4. Equipment;
    5. Scholarships;
    6. Meals;
    7. Housing and dormitory supplies;
    8. Supplies;
    9. Property and medical insurance;
    10. Medical expenses;
    11. Utilities; and
    12. Maintenance of facilities related to all intercollegiate teams and spirit groups, excluding bands; and
  3. “Athletic program” means intercollegiate athletics.

History. Acts 1991, No. 366, § 2; 1997, No. 954, § 1; 2005, No. 2288, § 1.

6-62-803. Limits on funding.

  1. For the certification required under § 6-62-805, the amount allowed to be budgeted of unrestricted educational and general funds for intercollegiate athletic programs at state-supported institutions of higher education shall be limited to an amount established by the Division of Higher Education for the fiscal year 2012-2013 or an amount of not more than two percent (2%) of the actual total unrestricted educational and general revenues of the previous fiscal year at institutions of higher education.
  2. The division shall annually adjust the allowable transfer based upon the Consumer Price Index.
  3. This section shall not apply to expenditures related to compliance with § 6-60-111 or increased compliance under 20 U.S.C. § 1092(f).

History. Acts 1991, No. 366, § 3; 1997, No. 954, § 2; 2005, No. 2288, § 2; 2013, No. 1397, § 42; 2017, No. 563, § 3; 2019, No. 910, § 2001.

Amendments. The 2013 amendment rewrote the section.

The 2017 amendment added (c).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a); and substituted “division” for “department” in (b).

6-62-804. Deficits — Assessment of student athletic fee.

  1. Any athletic deficit of an institution shall be funded by a student athletic fee authorized by the board of trustees of each institution.
  2. The student athletic fee shall be assessed on the basis of student semester credit hour and shall be clearly defined in all publications and institutional board minutes as being for the support of intercollegiate athletics, separate and distinct from other tuition or student activity fees.

History. Acts 1991, No. 366, § 4.

6-62-805. Certification by board of trustees.

The board of trustees of each institution shall certify annually by June 15 of each year to the Arkansas Higher Education Coordinating Board:

  1. That the intercollegiate athletic program will generate sufficient revenue through athletic-generated revenue, other auxiliary profits, other coordinating board-approved revenue sources, and the allowable state support as set out in § 6-62-803; or
  2. That any athletic deficit will be met by separate institutional board-sanctioned student athletic fees within the limitations established in this subchapter.

History. Acts 1991, No. 366, § 5.

6-62-806. Rules — Nondiscriminatory application.

  1. The Arkansas Higher Education Coordinating Board is authorized to promulgate any rules necessary for the implementation of this subchapter.
  2. The provisions of this subchapter shall not be implemented in such a way as to discriminate against women's athletic programs.

History. Acts 1991, No. 366, §§ 6, 7; 2019, No. 315, § 378.

Amendments. The 2019 amendment deleted “or regulations” following “rules” in (a).

6-62-807. Reporting expenditures.

In accordance with the uniform reporting and auditing of intercollegiate athletic expenditures of state-supported institutions of higher education, maintenance of facilities expenditures related to all intercollegiate teams and spirit groups, excluding bands, shall be reported as actual costs of operating such athletic facilities or a proration of actual costs based on athletic usage.

History. Acts 1999, No. 1180, § 37.

Subchapter 9 — Arkansas Tuition Trust Authority

6-62-901 — 6-62-911. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 1999, No. 996, § 14. The subchapter was derived from the following sources:

6-62-901. Acts 1993, No. 1222, § 1; 1997, No. 861, § 1.

6-62-902. Acts 1993, No. 1222, § 1.

6-62-903. Acts 1993, No. 1222, § 1; 1997, No. 250, § 27; 1997, No. 861, § 3; 1997, No. 1354, § 8.

6-62-904. Acts 1993, No. 1222, § 1.

6-62-905. Acts 1993, No. 1222, § 1.

6-62-906. Acts 1993, No. 1222, § 1; 1997, No. 861, § 2.

6-62-907. Acts 1993, No. 1222, § 1.

6-62-908. Acts 1993, No. 1222, § 1.

6-62-909. Acts 1993, No. 1222, § 1.

6-62-910. Acts 1993, No. 1222, § 1.

6-62-911. Acts 1993, No. 1222, § 1.

Subchapter 10 — Workers' Compensation Insurance

Effective Dates. Acts 1997, No. 1202, § 8: July 1, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act requires all two-year and four-year public institutions of higher education to provide workers' compensation for their employees; and that it is in the best interest of the employees shall become effective on July 1, 1997. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective July 1, 1997.”

6-62-1001. Coverage required.

  1. All two-year and four-year public institutions of higher education shall be required to provide workers' compensation coverage for their employees.
  2. Coverage shall be provided for losses incurred while performing work for the two-year or four-year public institution of higher education.

History. Acts 1997, No. 1202, § 1.

6-62-1002. Election to provide self-funded coverage.

  1. Claims incurred on and after the effective date that a public institution of higher education elects to provide self-funded coverage under this subchapter shall be the responsibility of the two-year or four-year public institution of higher education.
  2. Claims incurred prior to the effective date that a public institution of higher education elects to provide self-funded coverage under this subchapter shall become the responsibility of the two-year or four-year public institution of higher education, and the workers' compensation trust fund maintained for each institution by the Department of Finance and Administration shall be paid to the institution by the Public Employee Claims Division on the effective date of the election.
  3. The division shall assist and provide necessary records to institutions making an election under this subchapter or to their designees.

History. Acts 1997, No. 1202, § 2.

6-62-1003. Private, municipal, or self-funded coverage.

  1. Two-year and four-year public institutions of higher education may provide workers' compensation coverage through private carriers, municipal self-funding groups, or one (1) or more self-funded entities or groups.
  2. Self-funding groups established for this purpose shall meet the following requirements:
    1. Any group established to provide coverage to public institutions of higher education only shall offer coverage to any two-year or four-year public institution of higher education in the state that applies for coverage;
      1. Any group established to provide workers' compensation coverage to public institutions of higher education shall offer coverage at rates promulgated by the Workers' Compensation Commission.
      2. Premiums for public institutions of higher education participating in any group shall be revised annually based on the loss experience of the particular institution of higher education or group of public institutions of higher education.
      3. Each board governing a self-funding group shall be permitted to declare dividends or to give credits against renewal premiums based on annual loss experience and subject to commission approval;
    2. Any self-funding group of participating public institutions of higher education shall be subject to the rules of the commission applicable to self-insured groups or providers;
      1. All self-funded groups shall obtain excess reinsurance from an admitted or approved insurance company doing business in Arkansas.
      2. In lieu of the reinsurance requirements in subdivision (b)(4)(A) of this section, any self-funded group under this section with one million five hundred thousand dollars ($1,500,000) or more in annually collected premiums may provide excess reserves of twenty percent (20%) of annual premiums by any one (1) of the following ways:
        1. Cash or certificates of deposit in Arkansas banks; or
        2. Letters of credit from an Arkansas bank; and
    3. Two-year and four-year public institutions of higher education shall not be required to enter into an indemnity agreement binding them jointly and severally.

History. Acts 1997, No. 1202, § 3; 2019, No. 315, § 379.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (b)(3).

6-62-1004. Election to provide coverage through Public Employee Claims Division.

Nothing in this subchapter shall require two-year or four-year public institutions of higher education to provide workers' compensation coverage through one (1) or more self-funded entities or groups, and an institution may elect to provide coverage through the Public Employee Claims Division in the same manner as do other state agencies.

History. Acts 1997, No. 1202, § 4.

Subchapter 11 — Higher Education Technology and Facility Improvement

Effective Dates. Acts 2005, No. 1282, § 2: Mar. 29, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there is an immediate need for a program to finance the design, development, equipping, acquisition, improvement, and construction of technology projects and facility improvement projects at state institutions of higher education within the state; that such a program cannot be accomplished without the issuance of bonds secured by the general revenues of the state to finance the program; and that this act authorizes the issuance of the necessary bonds. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 82, § 23: July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the General Improvement Fund should no longer be utilized; that the Development and Enhancement Fund is necessary to complete unfinished state projects; and that this act is necessary to address infrastructure needs and unanticipated needs of the State of Arkansas. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-62-1101. Title.

This subchapter may be referred to and cited as the “Arkansas Higher Education Technology and Facility Improvement Act of 2005”.

History. Acts 2005, No. 1282, § 1.

6-62-1102. Legislative findings.

The General Assembly finds that:

  1. Expanded availability of higher educational opportunities for families in this state with school-age children has become increasingly necessary in order to preserve and protect the health, welfare, and prosperity of this state and its citizens;
  2. The increasing competitiveness and technological sophistication of today's products, services, and markets and the growing importance of our dynamic economy require a highly educated and well-trained work force in order for this state to preserve, protect, and promote employment opportunities;
  3. A strong system of higher education has been and will continue to be not only a wellspring for the enhancement of this state's cultural well-being but also a substantial contributing factor to the growth of this state's economy by stimulating the development of new products and services;
  4. There is a growing need for this state to undertake projects to upgrade and expand this state's higher education technology equipment and to improve this state's higher education and physical plant; and
  5. The public policies and responsibilities of this state as described in this section cannot be fully obtained without the use of public financing and that the public financing can only be provided by the adoption of this subchapter by the General Assembly and its approval by the electors of the State of Arkansas.

History. Acts 2005, No. 1282, § 1.

6-62-1103. Definitions.

As used in this subchapter:

  1. “Athletic facilities” means facilities used primarily for intercollegiate or intramural sports;
  2. “Bonds” means the State of Arkansas Higher Education General Obligation Bonds as authorized in this subchapter;
  3. “Debt service” means all amounts required for the payment of principal, interest, and premium, if any, due with respect to the bonds in any fiscal year, along with all associated costs, including the fees and costs of paying agents and trustees, remarketing agent fees, credit enhancement costs, arbitrage rebate costs, administrative costs, and other amounts necessary in connection with the repayment of and security for the bonds;
  4. “Develop” or “development” means the construction, repair, renovation, design, expansion, improvement, acquisition, installation, or equipping of any lands, buildings, improvements, machinery, equipment, or other properties of whatever nature, real, personal, or mixed;
  5. “Facility improvement projects” means any lands, buildings, improvements, machinery, equipment, or other property, real, personal, or mixed or any combination of property developed in pursuance of all or any of the purposes of this subchapter as promulgated by the rules established by the Arkansas Higher Education Coordinating Board that are not technology projects as defined in this subchapter;
  6. “General revenues” means the general revenues defined in § 19-6-201;
  7. “Project costs” means all or any part of the costs of developing any projects under this subchapter, costs of refunding bonds issued under this subchapter or under the Arkansas College Savings Bond Act of 1989, § 6-62-701 et seq., costs incidental or appropriate to the projects or bonds, and costs incidental or appropriate to the financing of the projects or bonds, including, without limitation, costs of issuance of the bonds, capitalized interest, liquidity facility fees, appropriate reserves, credit enhancement, bond insurance or surety bond premiums, the administrative fees of the issuer, and fees and costs for engineering, legal, and other professional, administrative, and consultant services;
  8. “State institution of higher education” means any public university, college, technical college, or community college established or authorized by the General Assembly; and
  9. “Technology projects” means any lands, buildings, improvements, machinery, equipment, or other property, real, personal, tangible or intangible, or mixed, or any combination thereof, developed in pursuance of all or any of the purposes of this subchapter but specifically for the purpose of upgrading or expanding this state's higher education technology equipment and facilities as promulgated by the rules established by the Arkansas Higher Education Coordinating Board.

History. Acts 2005, No. 1282, § 1.

6-62-1104. Power and duties.

  1. Before any bonds may be issued during a fiscal biennium, except for refunding purposes, the Arkansas Higher Education Coordinating Board shall submit to the Governor a written plan for technology and facility improvement projects to be funded with the proceeds derived from the sale of the State of Arkansas Higher Education General Obligation Bonds, the need for the projects, the estimated benefits of the projects, and the anticipated debt service requirements for the bonds.
    1. Upon receipt of the plan, the Governor shall confer with the Chief Fiscal Officer of the State concerning the amount and availability of unrestricted funds in the General Improvement Fund or its successor fund or fund accounts, including the Development and Enhancement Fund, that would be used to meet the debt service requirements.
    2. The Chief Fiscal Officer of the State shall determine whether the annual amount of the net general revenues required to be set aside from general revenues for payment of the remaining debt service requirements in connection with the bonds to be issued under this subchapter during either year of the fiscal biennium in which the bonds are to be issued would work undue hardship upon any agency or program supported from general revenues under the provisions of the Revenue Stabilization Law, § 19-5-101 et seq.
  2. After conferring with the Chief Fiscal Officer of the State pursuant to subsection (b) of this section, if the Governor determines that issuing bonds under this subchapter is in the public interest, the Governor shall authorize by proclamation the board and the Arkansas Development Finance Authority to proceed with the issuance of the bonds under this subchapter.
  3. The authority and the board, in addition to and not in replacement or limitation of powers conferred under other laws, each shall have the power under this subchapter to:
    1. Make available bond proceeds and investment earnings on the bond proceeds to state institutions of higher education for payment of project costs in accordance with this subchapter;
    2. Enter into any and all contracts necessary or convenient for the exercise of the powers or implementation of the purposes set forth in this subchapter;
    3. Require audits or other periodic reports of any or all accounts related to construction, operation, or maintenance of any projects funded by this subchapter;
    4. Take reasonable actions to ensure that debt service requirements are met; and
    5. Take other action as may be appropriate to accomplish the purposes of this subchapter.
  4. The authority and the board are authorized to promulgate rules with respect to their powers and duties pursuant to this subchapter.
  5. No member of the authority or the board shall be liable personally for any reason arising from the issuance of bonds pursuant to this subchapter unless the person shall have acted with corrupt intent.

History. Acts 2005, No. 1282, § 1; 2019, No. 82, § 3.

A.C.R.C. Notes. Acts 2019, No. 82, § 1, provided: “Legislative intent.

It is the intent of the General Assembly that the creation of the Development and Enhancement Fund is necessary to provide a mechanism to disburse funds for:

“(1) Various construction and improvement projects;

“(2) Unforeseen needs;

“(3) Funding deficiencies; and

“(4) The completion of projects previously funded by the General Assembly”.

Amendments. The 2019 amendment inserted “or its successor fund or fund accounts, including the Development and Enhancement Fund” in (b)(1).

6-62-1105. Authorization — Purposes.

The Arkansas Development Finance Authority, on behalf of the State of Arkansas, is authorized, subject to the approval of the voters in a statewide election, to issue bonds to be known as “State of Arkansas Higher Education General Obligation Bonds”, in a total principal amount not to exceed two hundred fifty million dollars ($250,000,000) for the purpose of financing the development of technology projects and facility improvement projects for state institutions of higher education and for the purpose of refunding bonds issued under the Arkansas College Savings Bond Act of 1989, § 6-62-701 et seq.

History. Acts 2005, No. 1282, § 1.

6-62-1106. Bonds — Debt service limitation.

The total principal amount of bonds outstanding under this subchapter and under the Arkansas College Savings Bond Act of 1989, § 6-62-701 et seq., shall not have combined scheduled debt service payments in excess of twenty-four million dollars ($24,000,000) in any one (1) fiscal year.

History. Acts 2005, No. 1282, § 1.

6-62-1107. Projects to be financed.

The proceeds of bonds issued under this subchapter for nonrefunding purposes shall be used to finance the development of technology projects and facility improvement projects. However, none of the projects shall be primarily for athletic facilities.

History. Acts 2005, No. 1282, § 1.

6-62-1108. Election.

    1. No bonds shall be issued under this subchapter, except as otherwise provided in this subchapter, unless the issuance of bonds and the pledge of the full faith and credit of the State of Arkansas have been approved by a majority of the qualified electors of this state voting on the question at a statewide election called by proclamation of the Governor.
    2. The election may be in conjunction with a general election, or it may be a special election.
    3. Notice of the election shall be:
      1. Published by the Secretary of State in a newspaper of general circulation in this state at least thirty (30) days prior to the election; and
      2. Mailed to each county board of election commissioners at least sixty (60) days prior to the election.
  1. The notice of election shall state that the election is to be held for the purpose of submitting to the people the following proposition, in substantially the following form:
  2. The ballot title shall be “Issuance of State of Arkansas Higher Education General Obligation Bonds and Pledge of Full Faith and Credit of the State of Arkansas”. On each ballot there shall be printed the title, the proposition set forth in § 6-62-1108(b), and the following:
    1. The county boards of election commissioners in each of the counties of this state shall hold and conduct the election.
    2. Each county board of election commissioners shall take necessary action with respect to the appointment of election officials and other matters as required by law.
    3. The vote shall be canvassed and the result of the vote declared in each county by the board of election commissioners.
    4. Within ten (10) days after the date of the election, the results shall be certified by each board to the Secretary of State, who shall tabulate all returns received and certify to the Governor the total vote for and against the proposition submitted pursuant to this subchapter.
  3. The results of the election shall be proclaimed by the Governor by the publication of the proclamation one (1) time in a newspaper of general circulation in this state. The results as proclaimed shall be conclusive unless a complaint is filed within thirty (30) days after the date of the publication in the Pulaski County Circuit Court challenging the results.
    1. If a majority of the qualified electors voting on the proposition vote in favor of the issuance of the bonds, then the Arkansas Development Finance Authority and the Arkansas Higher Education Coordinating Board shall proceed with the issuance of bonds in the manner and on the terms set forth in this subchapter.
    2. If a majority of the qualified electors voting on the proposition vote against the issuance of the bonds, none of the bonds authorized by this subchapter shall be issued.
    3. Subsequent elections may be called by the Governor if the proposition fails, but each subsequent election may be held no earlier than six (6) months after the date of the preceding election.

“Authorizing the Arkansas Development Finance Authority to issue State of Arkansas Higher Education General Obligation Bonds (the “bonds”) in a total principal amount not to exceed two hundred fifty million dollars ($250,000,000) in one (1) or more series from time to time for the purpose of financing the cost of developing technology and facility improvement projects for state institutions of higher education and financing the cost of refunding bonds issued under the Arkansas College Savings Bond Act of 1989, § 6-62-701 et seq. However, the outstanding principal amount of bonds issued under the Arkansas Higher Education Technology and Facility Improvement Act of 2005, § 6-62-1101 et seq., and the Arkansas College Savings Bond Act of 1989, § 6-62-701 et seq., shall not have scheduled debt service payments on a combined basis in excess of twenty-four million dollars ($24,000,000) in any one (1) fiscal year.

“The bonds shall be general obligations of the State of Arkansas, payable from general revenues of the state and also secured by the full faith and credit of the State of Arkansas, including its general revenues. The bonds shall be issued pursuant to the authority of and the terms set forth in the Arkansas Higher Education Technology and Facility Improvement Act of 2005.”

“FOR issuance of State of Arkansas Higher Education General Obligation Bonds and Pledge the Full Faith and Credit of the State of Arkansas.”

“AGAINST issuance of State of Arkansas Higher Education General Obligation Bonds and Pledge the Full Faith and Credit of the State of Arkansas.”

History. Acts 2005, No. 1282, § 1.

6-62-1109. Procedure for issuing bonds.

    1. Prior to the issuance of any series of bonds, the Arkansas Development Finance Authority shall adopt a resolution or trust indenture, which may be a general resolution, series resolution, master trust indenture, series indenture, supplemental indenture, or other form of resolution or indenture, as deemed necessary by the authority authorizing the issuance of the series of State of Arkansas Higher Education General Obligation Bonds.
    2. Each resolution or trust indenture shall contain the terms, covenants, and conditions as are deemed desirable and consistent with this subchapter, including, without limitation, those pertaining to the establishment and maintenance of funds and accounts, the deposit and investment of the bond proceeds and any pledged revenues, and the rights and obligations of the State of Arkansas, its officers and officials, the authority, and the registered owners of the bonds.
    3. All bonds issued under this subchapter shall be on a parity as to security. The resolutions or trust indentures of the authority may provide for the execution and delivery by the authority of a trust indenture or trust indentures with one (1) or more banks or trust companies located within or without this state containing any of the terms, covenants, and conditions described in this section and any other terms and conditions deemed necessary by the authority, which trust indenture or trust indentures shall be binding upon the authority and the State of Arkansas, and their respective officers and officials.
  1. Any resolution or trust indenture adopted or executed under this section may provide for the retirement and defeasance of the bonds by the depositing of cash or investments in trust to be maintained for that purpose. When the provisions of the resolution or trust indenture are complied with, the bonds being refunded shall not be deemed to be bonds outstanding for the purposes of this subchapter.

History. Acts 2005, No. 1282, § 1.

6-62-1110. Terms of bonds.

The State of Arkansas Higher Education General Obligation Bonds shall be subject to the following terms and conditions:

  1. Whether or not the interest is subject to federal taxation, the bonds shall be issued in series, as set forth in this section, in amounts sufficient to finance all or part of project costs or to refund bonds, with the respective series to be designated by the year in which issued and by alphabetical designation if more than one (1) series is to be issued in a particular year;
  2. The bonds of each series shall have such date or dates as the Arkansas Development Finance Authority shall determine and shall mature or be subject to mandatory sinking fund redemption over a period ending not later than thirty (30) years after the date of issue of each series;
  3. The bonds of each series shall bear interest at the rate or rates determined by the authority at the time of the sale of the bonds. The bonds may bear interest at either a fixed or a variable rate, or may be convertible from one (1) interest rate mode to another, and the interest shall be payable at such times as the authority shall determine;
  4. As determined by the authority, the bonds:
    1. Shall be issued in the form of bonds registered as to both principal and interest without coupons;
    2. May be in any denominations and made exchangeable for bonds of another form or denomination bearing the same rate of interest;
    3. May be made payable at designated places within or without the State of Arkansas;
    4. May be made subject to redemption prior to maturity in any manner and for any redemption prices; and
    5. May contain other terms and conditions;
  5. Each bond shall be executed with the original or facsimile signatures of the Governor, the Secretary of State, and the Chair of the Arkansas Development Finance Authority and shall have affixed or imprinted on the bond the Great Seal of the State of Arkansas. Delivery of the bonds so executed shall be valid, notwithstanding any change in the persons holding the offices occurring after the bonds have been executed; and
  6. The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to the provisions regarding registration of ownership set forth in this section or in the resolution or trust indenture authorizing the bonds.

History. Acts 2005, No. 1282, § 1.

6-62-1111. Sale of bonds.

  1. The State of Arkansas Higher Education General Obligation Bonds may be sold in the manner, either at private or public sale, and upon terms as the Arkansas Development Finance Authority shall determine to be reasonable and expedient for effectuating the purposes of this subchapter. The bonds may be sold at a price acceptable to the authority, which may include a discount or a premium.
  2. If the bonds are to be sold at public sale, the authority shall give notice of the offering of the bonds in a manner reasonably designed to notify participants in the public finance industry that the offering is being made. The authority shall set the terms and conditions of bidding, including the basis on which the winning bid will be selected.
  3. The authority may:
    1. Structure the sale of bonds utilizing financing techniques recommended by its professional advisors in order to take advantage of market conditions and may obtain the most favorable interest rates consistent with the purposes of this subchapter;
    2. Enter into ancillary agreements in connection with the sale of the bonds that are necessary and advisable, including, without limitation, bond purchase agreements, remarketing agreements, letters of credit, or reimbursement agreements; and
    3. Enter into an interest rate exchange agreement or similar agreement or contract with any person on a competitive or negotiated basis under the terms and conditions as the authority shall determine in compliance with § 15-5-317.

History. Acts 2005, No. 1282, § 1.

6-62-1112. Transfer of funds for debt service.

    1. On or before the commencement of each fiscal year, the Chief Fiscal Officer of the State shall:
      1. Determine the estimated amount required for payment of all or a part of debt service on the State of Arkansas Higher Education General Obligation Bonds issued under this subchapter during the fiscal year less the amount available for the payment of debt service from estimated moneys to be available to the Arkansas Development Finance Authority from other sources, if any; and
      2. Certify the amount computed under subdivision (a)(1)(A) of this section to the Treasurer of State, who shall transfer the certified amount from the General Revenue Fund Account of the State Apportionment Fund to a trust fund established by the resolution or trust indenture authorizing the bonds as a bond or sinking fund in order to provide for payment of all or part of the debt service on the bonds issued under this subchapter.
    2. Payments shall be made into the bond or sinking fund not later than one (1) day prior to the due date for the payment of the debt service.
  1. The obligation to make periodic transfers from the General Revenue Fund Account of the State Apportionment Fund to the bond or sinking fund shall constitute a first charge against the General Revenue Fund Account prior to all other uses to which general revenues are devoted, either under present law or under any laws that may be enacted in the future. However, to the extent that other general obligation bonds of the State of Arkansas may subsequently be incurred, all general obligation bonds shall rank on a parity of security with respect to payment from the General Revenue Fund Account.
  2. The resolution or trust indenture authorizing or securing the bonds issued shall identify the funds to which moneys shall be credited and used for the purposes identified in this subchapter. For those purposes, the holder of the trust funds is designated as the disbursing officer to administer those funds in accordance with this subchapter.
  3. Moneys in the bond or sinking fund over and above the amount necessary to ensure the prompt payment of debt service on the bonds may be used for the redemption of bonds prior to maturity in the manner and in accordance with the provisions pertaining to redemption prior to maturity, as set forth in the resolution or trust indenture authorizing or securing the bonds.

History. Acts 2005, No. 1282, § 1.

6-62-1113. Sources of repayment.

  1. The State of Arkansas Higher Education General Obligation Bonds shall be direct general obligations of the State of Arkansas for the payment of the debt service on which the full faith and credit of the state are irrevocably pledged so long as any of the bonds are outstanding.
    1. The bonds shall be payable from the general revenues of the state, and the amount of general revenues necessary is pledged to the payment of debt service on the bonds and shall remain pledged for those purposes.
    2. Each authorizing resolution or trust indenture may provide for a reserve, credit enhancement, bond insurance, surety bond, or liquidity facility for the bonds.

History. Acts 2005, No. 1282, § 1.

6-62-1114. Deposit and investment of proceeds.

  1. The proceeds from the sale of the State of Arkansas Higher Education General Obligation Bonds shall be deposited by the recipient, as received, into trust funds or accounts in the name of the Arkansas Development Finance Authority established pursuant to the resolution or trust indenture authorizing or securing the bonds to accomplish the purposes of this subchapter in amounts or portions as set forth in the resolution or trust indenture securing the bonds.
    1. The holder of the trust funds shall establish separate accounts and subaccounts within the applicable fund to correspond to the applicable series of bonds.
    2. In addition and under the resolution or trust indenture authorizing or securing the bonds, there may be created other funds, accounts, or subaccounts as the authority may determine to be necessary or desirable to accomplish the purposes of this subchapter.
  2. All procedures and methods for application of proceeds of any series of bonds to the financing of project costs shall be developed in consultation with the Arkansas Higher Education Coordinating Board and the Chief Fiscal Officer of the State, set forth in the resolution or trust indenture authorizing or securing the bonds, and maintained as part of the records of the authority.
  3. The holder and administrator of funds, comprised in whole or in part of proceeds of bonds or disbursements from funds established under this subchapter, shall be required by appropriate provision of the resolution or trust indenture authorizing or securing the bonds issued to assist the authority in preparing any report related to the bonds that may be required by this subchapter or other applicable federal or state law.
  4. The proceeds from the sale of the bonds and any money held in any funds created under or authorized by this subchapter may be invested and reinvested in accordance with the resolution or trust indenture authorizing or securing the bonds issued and shall be invested by or at the direction of the authority to the fullest extent practicable pending disbursement for the purposes intended in any of the following:
    1. Direct obligations of the United States, including obligations issued or held in book entry form on the books of the United States Department of the Treasury, or obligations the principal of and interest on which are unconditionally guaranteed by the United States;
    2. Bonds, debentures, notes, or other evidences of indebtedness issued or guaranteed by any United States government agency if the obligations are backed by the full faith and credit of the United States;
    3. Non-full-faith-and-credit senior debt obligations issued or guaranteed by United States government agencies;
    4. Money market funds investing exclusively in the investments described in subdivisions (e)(1)-(3) of this section;
      1. Certificates of deposit providing for deposits secured at all times by collateral described in subdivisions (e)(1)-(3) of this section.
      2. The certificates must be issued by commercial bank deposits which are insured by the Federal Deposit Insurance Corporation and collateral of which must be held by a third party.
      3. The holder of the trust funds must have a perfected first security interest in the collateral;
    5. Certificates of deposit, savings accounts, deposit accounts, or money market deposits, all of which are fully insured by the Federal Deposit Insurance Corporation;
    6. Bonds or notes issued by this state, any municipality, county, or school district in this state or by any agency or instrumentality of this state;
    7. Investment agreements with financial institutions or insurance companies that are rated in one (1) of the two (2) highest rating categories of a nationally recognized rating agency;
      1. Repurchase agreements providing for the transfer of securities from a dealer bank or securities firm to the holder of the trust funds and the transfer of cash from the holder of the trust funds to the dealer bank or securities firm with an agreement that the dealer bank or securities firm will repay the cash plus a yield to the holder of the trust funds in exchange for the securities at a specified date.
      2. Repurchase agreements shall satisfy the following criteria:
        1. Repurchase agreements must be between the holder of the trust funds and a dealer bank or securities firm described as follows:
          1. Dealers with at least one hundred million dollars ($100,000,000) in capital; or
          2. Banks whose deposits are insured by the Federal Deposit Insurance Corporation; and
        2. The written repurchase agreement contract must include the following:
          1. Securities that are acceptable for transfer are those listed in subdivisions (e)(1)-(3) of this section;
          2. The term of the repurchase agreement may not exceed thirty (30) calendar days;
          3. The collateral must be delivered to the holder of the trust funds, a trustee if a trustee is not supplying the collateral, or a third party acting as agent for the trustee if the trustee is supplying the collateral before or simultaneously with payment; and
            1. The securities must be valued weekly, marked-to-market at current market price plus accrued interest.
              1. The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the holder of the trust funds to the dealer bank or security firm under the repurchase agreement plus accrued interest.
              2. If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the holder of the trust funds, then additional cash or acceptable securities, or both, must be transferred and held by the holder of the trust funds; and
    8. Any other investment authorized by state law.

History. Acts 2005, No. 1282, § 1.

6-62-1115. Use of bond proceeds.

  1. The proceeds of the State of Arkansas Higher Education General Obligation Bonds issued under this subchapter for nonrefunding purposes, after the funding of any necessary reserve and the costs associated with the issuance of and security for the bonds, shall only be disbursed for project costs when requisitioned by the Chair of the Arkansas Higher Education Coordinating Board or his or her designee and approved by the Chief Fiscal Officer of the State or his or her designee.
  2. The requisition under subsection (a) of this section shall certify that the funds disbursed are for the payment of project costs that are authorized to be financed under this subchapter and that have been duly approved by the board.
  3. The proceeds of the bonds issued pursuant to this subchapter for refunding purposes, after the funding of any necessary reserve and costs associated with the issuance of and security for the bonds and the defeasance of the bonds to be refunded, shall be used by the Arkansas Development Finance Authority to directly pay or establish a trust fund to serve as an escrow account for the purpose of payment or defeasance of bonds issued under this subchapter or under the Arkansas College Savings Bond Act of 1989, § 6-62-701 et seq.

History. Acts 2005, No. 1282, § 1.

6-62-1116. Refunding bonds.

    1. The Arkansas Development Finance Authority may issue bonds for the purpose of refunding bonds previously issued pursuant to this subchapter or the Arkansas College Savings Bond Act of 1989, § 6-62-701 et seq.
    2. To the extent that the refunding bonds are issued to refund State of Arkansas Higher Education General Obligation Bonds issued under this subchapter and the principal amount of the refunding bonds is not in a greater principal amount than the outstanding principal amount of the bonds being refunded, the principal amount of the refunding bonds shall not be subject to the two-hundred-fifty-million-dollar limit in § 6-62-1105.
  1. The refunding bonds shall be general obligations of the State of Arkansas, secured as set forth in this subchapter, and secured and sold in accordance with the provisions of this subchapter.
  2. The proceeds of the refunding bonds may be either applied to the payment of the bonds being refunded or deposited in trust and there maintained in cash or investments for the retirement of the bonds refunded, as shall be specified by the authority and the authorizing resolution or trust indenture. The principal amount of the bonds refunded after payment and defeasance shall not be deemed outstanding for purposes of this subchapter.
    1. The authorizing resolution or trust indenture securing the refunding bonds may provide, if the bonds being refunded were issued under this subchapter, that the refunding bonds shall have the same security for their payment as provided for the bonds being refunded.
    2. Refunding bonds shall be sold and secured in accordance with the provisions of this subchapter pertaining to the sale and security of the bonds.
    3. Other than approval of the resolution or trust indenture under which refunding bonds are issued by appropriate action of the authority, no additional action or approval for the issuance of refunding bonds shall be required to be taken by the Arkansas Higher Education Coordinating Board or the Chief Fiscal Officer of the State under this subchapter or as otherwise may be provided by other law.

History. Acts 2005, No. 1282, § 1.

6-62-1117. Tax exemption.

All State of Arkansas Higher Education General Obligation Bonds issued under this subchapter and interest on the bond proceeds shall be exempt from all state taxes, including income, inheritance, and property taxes. The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment of municipal, county, bank, fiduciary, insurance company, and trust funds.

History. Acts 2005, No. 1282, § 1.

6-62-1118. Employment of professionals.

The Arkansas Development Finance Authority is authorized to retain those professionals as it deems necessary to accomplish the issuance and sale of the State of Arkansas Higher Education General Obligation Bonds, including, without limitation, legal counsel, financial advisors, underwriters, trustees, paying agents, and remarketing agents.

History. Acts 2005, No. 1282, § 1.

6-62-1119. Construction.

  1. This subchapter shall be liberally construed to accomplish its purposes. This subchapter shall constitute the sole authority necessary to accomplish the purposes of this subchapter, and the provisions of other laws pertaining to the development of technology projects and facility improvement projects and the financing shall not apply, except as specifically set forth in this subchapter.
  2. This subchapter shall supplement existing laws conferring rights and powers upon the Arkansas Development Finance Authority and the Arkansas Higher Education Coordinating Board, and the rights and powers set forth in this subchapter shall be alternative methods for the accomplishment of the purposes of this subchapter.

History. Acts 2005, No. 1282, § 1.

6-62-1120. Rights and liabilities — Enforcement.

  1. This subchapter shall constitute a contract between the State of Arkansas and the registered owners of all State of Arkansas Higher Education General Obligation Bonds issued under this subchapter that shall never be impaired. Any violation of terms of this subchapter, whether under purported legislative authority or otherwise, shall be enjoined by the courts at the suit of any bondholder or of any taxpayer.
  2. The courts in a suit against the Arkansas Development Finance Authority or the Arkansas Higher Education Coordinating Board, the Treasurer of State, or other appropriate officer or official of this state shall prevent a diversion of any revenues pledged under this subchapter and shall compel the restoration of diverted revenues by injunction or mandamus.
  3. Without limitation as to any other appropriate remedy at law or in equity, any bondholder by an appropriate action, including without limitation, injunction or mandamus, may compel the performance of all covenants and obligations of the State of Arkansas and its officers and officials under this subchapter.

History. Acts 2005, No. 1282, § 1.

6-62-1121. Rights and liabilities — Commencement.

  1. This subchapter shall not create any right of any character and no right of any character shall arise under or pursuant to this subchapter until the first series of State of Arkansas Higher Education General Obligation Bonds authorized by this subchapter shall have been sold and delivered.
  2. The issuance of bonds authorized by this subchapter shall not impair or affect any outstanding bonds of the Arkansas Development Finance Authority issued under the Arkansas College Savings Bond Act of 1989, § 6-62-701 et seq.

History. Acts 2005, No. 1282, § 1.

6-62-1122. Judicial review — Priority.

All cases involving the validity of this subchapter or any portion of this subchapter or in any way arising under this subchapter or involving the State of Arkansas Higher Education General Obligation Bonds issued under this subchapter shall be deemed of public interest and shall be advanced by all courts and heard as a preferred cause. All appeals from judgments or decrees rendered in these cases must be taken within thirty (30) days after the rendition of the judgment or decree.

History. Acts 2005, No. 1282, § 1.

Chapter 63 Employees of State Institutions

A.C.R.C. Notes. Acts 2013, No. 1403, § 41, provided: “CLINICAL EXPANSION AND RESEARCH POOL.

“(a) In order to address personnel needs emerging from expanding medical research and patient care issues and the necessity of recruiting and retaining qualified medical, research, and related support personnel, the University of Arkansas for Medical Sciences or its successor is authorized for the 2013-2014 fiscal year a pool of seven hundred (700) ‘Clinical Expansion and Research Pool’ positions. These positions are to be used by the University of Arkansas for Medical Sciences in the event that the personal services needs resulting from unanticipated clinical or research programs that are initiated during the 2013-2014 fiscal year require additional positions, either in title, in classification, or in number, that are not authorized or contemplated by the General Assembly in Section 1 of this Act.

“(b) The University of Arkansas for Medical Sciences is authorized to access the ‘Clinical Expansion and Research Pool’ positions authorized in this Section at any time during the fiscal year when it is determined by the Chancellor of the University of Arkansas for Medical Sciences, subject to the review and approval by the Board of Trustees, that the need for additional positions exists. Only Medical or research positions shall be established under this provision. The Chancellor of the University of Arkansas for Medical Sciences shall provide a quarterly report detailing the justification of allocation of positions from this ‘Clinical Expansion and Research Pool’ to the Chief Fiscal Officer of the State, to the Department of Higher Education, and to the Arkansas Legislative Council or Joint Budget Committee for review. The report shall also include an accounting of the names, titles and salaries of personnel who have been employed in positions established from this pool and the source and duration of funds associated with the positions.

“(c) If the University of Arkansas for Medical Sciences requests continuation of any ‘Clinical Expansion and Research Pool’ position(s) as established herein during the next fiscal year, the position(s) must be requested as a new position(s) in the agency's budget request.

“(d) Determining the number of personnel to be employed by a state agency is the prerogative of the General Assembly and is usually accomplished by delineating the maximum number of personnel by identifying job titles and the maximum grade or salary attached to those titles. The General Assembly has determined that the University of Arkansas for Medical Sciences could be operated more efficiently if some flexibility is given to that institution. That flexibility is being accomplished by providing a position pool in Subsection (a) of this Section and since the General Assembly has granted the agency broad powers under the growth pool concept, it is both necessary and appropriate that the General Assembly maintain oversight of the utilization of the position pool by requiring review of the Legislative Council or Joint Budget Committee in the utilization of the position pool. Therefore, the requirement of review by the Legislative Council or Joint Budget Committee is not a severable part of this section. If the requirement of review by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 294, § 42, provided: “CLINICAL EXPANSION AND RESEARCH POOL.

“(a) In order to address personnel needs emerging from expanding medical research and patient care issues and the necessity of recruiting and retaining qualified medical, research, and related support personnel, the University of Arkansas for Medical Sciences or its successor is authorized for the 2014-2015 fiscal year a pool of seven hundred (700) ‘Clinical Expansion and Research Pool’ positions. These positions are to be used by the University of Arkansas for Medical Sciences in the event that the personal services needs resulting from unanticipated clinical or research programs that are initiated during the 2014-2015 fiscal year require additional positions, either in title, in classification, or in number, that are not authorized or contemplated by the General Assembly in Section 1 of this Act.

“(b) The University of Arkansas for Medical Sciences is authorized to access the ‘Clinical Expansion and Research Pool’ positions authorized in this Section at any time during the fiscal year when it is determined by the Chancellor of the University of Arkansas for Medical Sciences, subject to the review and approval by the Board of Trustees, that the need for additional positions exists. Only Medical or research positions shall be established under this provision. The Chancellor of the University of Arkansas for Medical Sciences shall provide a quarterly report detailing the justification of allocation of positions from this ‘Clinical Expansion and Research Pool’ to the Chief Fiscal Officer of the State, to the Department of Higher Education, and to the Arkansas Legislative Council or Joint Budget Committee for review. The report shall also include an accounting of the names, titles and salaries of personnel who have been employed in positions established from this pool and the source and duration of funds associated with the positions.

“(c) If the University of Arkansas for Medical Sciences requests continuation of any ‘Clinical Expansion and Research Pool’ position(s) as established herein during the next fiscal year, the position(s) must be requested as a new position(s) in the agency's budget request.

“(d) Determining the number of personnel to be employed by a state agency is the prerogative of the General Assembly and is usually accomplished by delineating the maximum number of personnel by identifying job titles and the maximum grade or salary attached to those titles. The General Assembly has determined that the University of Arkansas for Medical Sciences could be operated more efficiently if some flexibility is given to that institution. That flexibility is being accomplished by providing a position pool in Subsection (a) of this Section and since the General Assembly has granted the agency broad powers under the growth pool concept, it is both necessary and appropriate that the General Assembly maintain oversight of the utilization of the position pool by requiring review of the Legislative Council or Joint Budget Committee in the utilization of the position pool. Therefore, the requirement of review by the Legislative Council or Joint Budget Committee is not a severable part of this section. If the requirement of review by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 361, § 42, provided: “CLINICAL EXPANSION AND RESEARCH POOL.

“(a) In order to address personnel needs emerging from expanding medical research and patient care issues and the necessity of recruiting and retaining qualified medical, research, and related support personnel, the University of Arkansas for Medical Sciences or its successor is authorized for the 2015-2016 fiscal year a pool of seven hundred (700) ‘Clinical Expansion and Research Pool’ positions. These positions are to be used by the University of Arkansas for Medical Sciences in the event that the personal services needs resulting from unanticipated clinical or research programs that are initiated during the 2015-2016 fiscal year require additional positions, either in title, in classification, or in number, that are not authorized or contemplated by the General Assembly in Section 1 of this Act.

“(b) The University of Arkansas for Medical Sciences is authorized to access the ‘Clinical Expansion and Research Pool’ positions authorized in this Section at any time during the fiscal year when it is determined by the Chancellor of the University of Arkansas for Medical Sciences, subject to the review and approval by the Board of Trustees, that the need for additional positions exists. Only Medical or research positions shall be established under this provision. The Chancellor of the University of Arkansas for Medical Sciences shall provide a quarterly report detailing the justification of allocation of positions from this ‘Clinical Expansion and Research Pool’ to the Chief Fiscal Officer of the State, to the Department of Higher Education, and to the Arkansas Legislative Council or Joint Budget Committee for review. The report shall also include an accounting of the names, titles and salaries of personnel who have been employed in positions established from this pool and the source and duration of funds associated with the positions.

“(c) If the University of Arkansas for Medical Sciences requests continuation of any ‘Clinical Expansion and Research Pool’ position(s) as established herein during the next fiscal year, the position(s) must be requested as a new position(s) in the agency's budget request.

“(d) Determining the number of personnel to be employed by a state agency is the prerogative of the General Assembly and is usually accomplished by delineating the maximum number of personnel by identifying job titles and the maximum grade or salary attached to those titles. The General Assembly has determined that the University of Arkansas for Medical Sciences could be operated more efficiently if some flexibility is given to that institution. That flexibility is being accomplished by providing a position pool in Subsection (a) of this Section and since the General Assembly has granted the agency broad powers under the growth pool concept, it is both necessary and appropriate that the General Assembly maintain oversight of the utilization of the position pool by requiring review of the Legislative Council or Joint Budget Committee in the utilization of the position pool. Therefore, the requirement of review by the Legislative Council or Joint Budget Committee is not a severable part of this section. If the requirement of review by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 231, § 42, provided: “CLINICAL EXPANSION AND RESEARCH POOL.

“(a) In order to address personnel needs emerging from expanding medical research and patient care issues and the necessity of recruiting and retaining qualified medical, research, and related support personnel, the University of Arkansas for Medical Sciences or its successor is authorized for the 2016-2017 fiscal year a pool of seven hundred (700) ‘Clinical Expansion and Research Pool’ positions. These positions are to be used by the University of Arkansas for Medical Sciences in the event that the personal services needs resulting from unanticipated clinical or research programs that are initiated during the 2016-2017 fiscal year require additional positions, either in title, in classification, or in number, that are not authorized or contemplated by the General Assembly in Section 1 of this Act.

“(b) The University of Arkansas for Medical Sciences is authorized to access the ‘Clinical Expansion and Research Pool’ positions authorized in this Section at any time during the fiscal year when it is determined by the Chancellor of the University of Arkansas for Medical Sciences, subject to the review and approval by the Board of Trustees, that the need for additional positions exists. Only Medical or research positions shall be established under this provision. The Chancellor of the University of Arkansas for Medical Sciences shall provide a quarterly report detailing the justification of allocation of positions from this ‘Clinical Expansion and Research Pool’ to the Chief Fiscal Officer of the State, to the Department of Higher Education, and to the Arkansas Legislative Council or Joint Budget Committee for review. The report shall also include an accounting of the names, titles and salaries of personnel who have been employed in positions established from this pool and the source and duration of funds associated with the positions.

“(c) If the University of Arkansas for Medical Sciences requests continuation of any ‘Clinical Expansion and Research Pool’ position(s) as established herein during the next fiscal year, the position(s) must be requested as a new position(s) in the agency's budget request.

“(d) Determining the number of personnel to be employed by a state agency is the prerogative of the General Assembly and is usually accomplished by delineating the maximum number of personnel by identifying job titles and the maximum grade or salary attached to those titles. The General Assembly has determined that the University of Arkansas for Medical Sciences could be operated more efficiently if some flexibility is given to that institution. That flexibility is being accomplished by providing a position pool in Subsection (a) of this Section and since the General Assembly has granted the agency broad powers under the growth pool concept, it is both necessary and appropriate that the General Assembly maintain oversight of the utilization of the position pool by requiring review of the Legislative Council or Joint Budget Committee in the utilization of the position pool. Therefore, the requirement of review by the Legislative Council or Joint Budget Committee is not a severable part of this section. If the requirement of review by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Research References

Am. Jur. 15A Am. Jur. 2d, Colleges & U., § 9 et seq.

C.J.S. 14A C.J.S., Colleges & U., § 19 et seq.

Subchapter 1 — General Provisions

Effective Dates. Acts 1951, No. 37, §§ 3, 4: Feb. 2, 1951. Emergency clause provided: “Section 3. Whereas, many of the institutions of higher learning of this state have been unable to provide group insurance for the members of their staffs because of the fact that payments for same cannot be withheld by agreement with the employees, this act is necessary for the preservation of the peace, health, and safety of the people of the State of Arkansas.”

“Section 4. An emergency is hereby declared to exist and this act shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 112, § 40: Feb. 7, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 10 of the First Extraordinary Session of 1995 abolished the Joint Interim Committee on Education and in its place established the House Interim Committee and Senate Interim Committee on Education; that various sections of the Arkansas Code refer to the Joint Interim Committee on Education and should be corrected to refer to the House and Senate Interim Committees on Education; that this act so provides; and that this act should go into effect immediately in order to make the laws compatible as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-63-101. Authority for teachers to wear religious clothing.

No person shall be prohibited from teaching in state institutions of higher learning for the reason that the person wears the clothing of any established and recognized religion while teaching.

History. Acts 1973, No. 196, § 1; A.S.A. 1947, § 80-1261.

Publisher's Notes. Acts 1973, No. 196, § 1, is also codified as § 6-17-108.

6-63-102. Deductions for group insurance premiums.

For the purpose of payment of group insurance policy premiums, upon the execution by any teacher or other school employee of an appropriate form of authorization and delivery thereof to the fiscal officer of the state college or university wherein that person is employed, the fiscal officer shall withhold the designated amount from that person's monthly salary payments and shall transmit the amount, on or before the tenth day of each succeeding month, to the insurance company named in the authorization.

History. Acts 1949, No. 316, § 1; 1951, No. 37, § 1; A.S.A. 1947, § 80-1324.

Publisher's Notes. Acts 1949, No. 316, § 1, as amended, is also codified as § 6-17-804.

6-63-103. Affirmative action programs — Plans — Annual reports.

    1. Each state-supported institution of higher education shall prepare an affirmative action program for the recruitment of African-Americans and other members of minorities for faculty and staff positions and for enrollment as students.
    2. Affirmative action plans shall be prepared on a continuing basis for future five-year periods.
    1. Each state-supported institution of higher education shall prepare annually a summary report on the steps that have been taken to reach the goals of the plan.
    2. The report shall:
      1. Include information on the progress made by each institution for the various levels of employment within the institution; and
      2. Be presented in a table format limited to no more than five (5) pages.
  1. Copies of the five-year plan and annual reports summaries of each institution of higher education shall be included in the Comprehensive Arkansas Higher Education Annual Report, filed with the Governor, the Division of Higher Education, the president and board of trustees of the institution, the board of visitors of the institution, if applicable, and the House Committee on Education and the Senate Committee on Education.
  2. In carrying out the affirmative action plans, each institution of higher education shall provide for a part-time or full-time employee to assist the institution in the recruitment of African-Americans and other members of minorities for faculty and staff positions and for enrollment as students.

History. Acts 1989, No. 99, § 1; 1997, No. 112, § 21; 2011, No. 696, § 4; 2019, No. 910, § 2002.

Amendments. The 2011 amendment subdivided (a) and (b); substituted “institution of higher education” for “colleges and universities” in (a)(1) and (b)(1); substituted “African-Americans” for “blacks” in (a)(1) and (d); substituted “prepare annually a summary report” for “annually prepare a report” in (b)(1); added (b)(2)(B); in (c), deleted “each institution's” following “Copies of” and inserted “summaries of each institution of higher education” and “included in the Comprehensive Higher Education Annual Report”; and inserted “of higher education” in (d).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (c).

Research References

ALR.

Evaluation of Policies Mandating or Forbidding Race-Conscious “Affirmative Action” with Respect to Admissions, Financial Aid, Classification, or Tracking Standards for Students at Schools or Colleges After Grutter v. Bollinger and Gratz v. Bollinger. 4 A.L.R.7th Art. 6 (2015).

6-63-104. Faculty performance review.

  1. The president and chancellor of each state-supported institution of higher education in Arkansas shall work with the campus faculties to develop a framework to review faculty performance, including post-tenure review. The framework should be used to develop processes and procedures at each institution to ensure a consistently high level of performance of the faculty at Arkansas's publicly supported institutions of higher education. The effects of the review process of faculty performance should include rewarding productive faculty, redirecting faculty efforts to improve or to increase productivity, and correcting instances of substandard performance. The framework developed by each institution shall be reported to the House Committee on Education, the Senate Committee on Education, the Joint Interim Oversight Committee on Education Reform, and the Division of Higher Education no later than December 1, 1998, and shall be implemented on the respective campuses no later than January 1, 2001.
  2. Pursuant to subsection (a) of this section, each state-supported institution of higher education in Arkansas shall conduct a rigorous, consistently applied, annual review of the performance of all full-time faculty members. This review shall include assessments by peers, students, and administrators and shall be utilized to ensure a consistently high level of performance and serve in conjunction with other appropriate information as a basis for decisions on promotion, salary increases, and job tenure. The evaluation by students and administrative staff, shall be applicable to all teaching faculty, full-time, part-time, and graduate teaching assistants and shall include an assessment of the fluency in English of the faculty member or graduate teaching assistant. This review shall not be used to demote a tenured faculty member to a nontenured status.
    1. Each college and university shall continually make efforts to identify any English fluency deficiencies of the teaching faculty and shall take reasonable measures to assist deficient faculty members in becoming proficient in English; however, the responsibility of acquiring the level of English proficiency required for the faculty member's teaching, research, or service assignments rests with the faculty member.
    2. Each college and university shall have a process for addressing concerns raised by students concerning language proficiency problems of faculty members.
  3. The division shall be responsible for monitoring the evaluation process and shall report its findings to the Arkansas Higher Education Coordinating Board and to the Legislative Council by August 1 of each year.
  4. Each state-supported institution of higher education shall require full-time faculty members of the college of education and related disciplines to work collaboratively with the accredited public schools in this state, and such faculty involvement shall be included as part of the annual review of the faculty as required by subsection (b) of this section.

History. Acts 1997, No. 1330, § 1; 1999, No. 477, § 2; 1999, No. 1360, § 1; 2019, No. 910, §§ 2003, 2004.

A.C.R.C. Notes. As amended by Acts 1999, No. 1360, subsection (a) also provided:

“The framework developed by each institution shall be reported to the House and Senate Interim Committees on Education, the Joint Interim Oversight Committee on Higher Education Reform, and the State Department of Higher Education no later than December 1, 1998, and shall be implemented on the respective campuses no later than January 1, 2001.”

Acts 1999, No. 477, § 2, provided:

“(a) The president and chancellor of each state-supported institution of higher education in Arkansas shall work with the campus faculties to develop a framework to review faculty performance, including post tenure review. The framework should be used to develop processes and procedures at each institution to ensure a consistently high level of performance of the faculty at Arkansas' publicly supported institutions of higher education. The effects of the review process of faculty performance should include rewarding productive faculty, redirecting faculty efforts to improve or to increase productivity, and to correct instances of substandard performance. The framework developed by each institution shall be reported to the House and Senate Interim Committees on Education, the Joint Interim Oversight Committee on Higher Education Reform, and the State Department of Higher Education no later than December 1, 1998, and shall be implemented on the respective campuses no later than January 1, 2001.

“(b) Pursuant to subsection (a) of this section, each state-supported institution of higher education in Arkansas shall conduct a rigorous, consistently applied, annual review of the performance of all full-time faculty members. This review shall include assessments by peers, students, and administrators and shall be utilized to ensure a consistently high level of performance and serve in conjunction with other appropriate information as a basis for decisions on promotion, salary increases, and job retention. The evaluation by students shall be applicable to all teaching faculty, full-time, part-time and graduate teaching assistants and shall include an assessment of the fluency in English of the faculty member or graduate teaching assistant. This review shall not be used to demote a tenured faculty member to a non-tenured status.

“(c) The Department of Higher Education shall be responsible for monitoring the evaluation process and shall report its findings to the Arkansas Higher Education Coordinating Board each biennium.

“(d) Each state-supported institution of higher education shall require full-time faculty members of the college of education to work collaboratively with the accredited public schools in this state, and such faculty involvement shall be included as part of the annual review of the faculty as required by subsection (b) of this section.”

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a); and substituted “division” for “department” in (d).

Subchapter 2 — Higher Education Employee Classification and Compensation Act

6-63-201 — 6-63-216. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 1989, No. 793, § 18. The subchapter was derived from the following sources:

6-63-201. Acts 1977, No. 410, § 1; A.S.A. 1947, § 80-4701.

6-63-202. Acts 1977, No. 410, § 2; A.S.A. 1947, § 80-4702.

6-63-203. Acts 1977, No. 410, § 3; 1981, No. 581, § 1; 1985, No. 832, § 1; A.S.A. 1947, § 80-4703.

6-63-204. Acts 1977, No. 410, § 7; 1979, No. 957, § 4; 1981, No. 598, § 5; 1985, No. 832, § 4; A.S.A. 1947, § 80-4707.

6-63-205. Acts 1977, No. 410, § 7; 1979 No. 957, § 4; 1981, No. 598, § 5; 1985, No. 832, § 4; A.S.A. 1947, § 80-4707.

6-63-206. Acts 1977, No. 410, § 6; 1979, No. 957, § 3; 1981, No. 598, § 4; 1985, No. 832, § 3; A.S.A. 1947, § 80-4706.

6-63-207. Acts 1977, No. 410, § 4; 1979, No. 957, § 1; 1981, No. 598, § 2; 1983, No. 896, §§ 1, 2; 1985, No. 832, § 2; A.S.A. 1947, § 80-4704.

6-63-208. Acts 1985, No. 832, § 9; A.S.A. 1947, § 80-4710.

6-63-209. Acts 1977, No. 410, §§ 3, 7; 1979, No. 957, § 4; 1981, No. 598, § 1; 1985, No. 832, §§ 1, 7; A.S.A. 1947, §§ 80-4703, 80-4707.

6-63-210. Acts 1977, No. 410, § 5; 1979, No. 957, § 2; 1981, No. 598, § 3; A.S.A. 1947, § 80-4705.

6-63-211. Acts 1977, No. 410, § 7; 1979, No. 957, § 4; 1981, No. 598, § 5; 1985, No. 832, § 7; A.S.A. 1947, § 80-4707.

6-63-212. Acts 1977, No. 410, § 7; 1979, No. 957, § 4; 1981, No. 598, § 5; 1985, No. 832, § 6; A.S.A. 1947, § 80-4707.

6-63-213. Acts 1977, No. 410, § 7; 1979, No. 957, § 4; 1981, No. 598, § 5; 1985, No. 832, § 5; A.S.A. 1947, § 80-4707.

6-63-214. Acts 1977, No. 410, § 7; 1985, No. 832, § 7; A.S.A. 1947, § 80-4707.

6-63-215. Acts 1977, No. 410, § 8; A.S.A. 1947, § 80-4708.

6-63-216. Acts 1977, No. 410, § 7; 1979, No. 957, § 4; 1981, No. 598, § 5; A.S.A. 1947, § 80-4707.

For present law, see §§ 24-7-101, 24-7-102.

Subchapter 3 — Higher Education Expenditure Restriction Act

Effective Dates. Acts 1985, No. 287, § 3: Mar. 8, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that institutions of higher education should be allowed to pay in twelve (12) monthly installments the salaries of their nine-month employees and part-time employees; that many such employees desire the twelve (12) equal monthly installments; and that until this Act becomes effective such employees will be unreasonably burdened. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 402, § 7: approved Mar. 8, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly that current State accounting and budgetary procedures cause considerable expense to and place undo restrictions on Institutions of Higher Education; that the recovery of general revenue fund balances from the Vocational Technical Schools and the State Scholarship Asssistance Grants Program restrict educational opportunities for the citizens of this State; and that the provisions of this Act will remedy such situations. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1989, (3rd Ex. Sess.), No. 25, § 4: Nov. 6, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, meeting in Third Extraordinary Session that current State limitation on line-item maximum salaries cause considerable difficulty in recruiting and retaining exceptionally well-qualified academic personnel and place undue restrictions on Institutions of Higher Education, and these conditions restrict educational opportunities for the citizens of this State; and that the provisions of this Act will remedy such situations. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after November 15, 1989.”

Acts 1989 (3rd Ex. Sess.), No. 42, § 5: Nov. 15, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, meeting in Third Extraordinary Session that current State limitation on line-item maximum salaries cause considerable difficulty in recruiting and retaining exceptionally well-qualified academic personnel and place undue restrictions on Institutions of Higher Education, and these conditions restrict educational opportunities for the citizens of this State; and that the provisions of this Act will remedy such situations. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after November 15, 1989.”

Acts 1991, No. 1089, § 8: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly, that changes in various accounting and expenditure provisions of the State are necessary in order to promote efficiency; and that the provisions of this Act provide such changes. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1993, No. 823, § 9: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that changes in various accounting and expenditure provisions of the State are necessary in order to promote efficiency; and that the provisions of this Act provide such changes. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 1995, No. 70, § 9: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that changes in various accounting and expenditure provisions of the State are necessary in order to promote efficiency; and that the provisions of this Act provide such changes. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1995, No. 1164, § 8: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly that changes in various accounting and expenditure provisions of the State are necessary in order to promote efficiency; and the provisions of this Act provide such changes. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1999, No. 664, § 4: Mar. 17, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly of the State of Arkansas that increases and clarification of new or additional positions at the various institutions of higher education are needed for the efficient and effective operations of the institutions. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 739, § 4: July 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly that various changes in law are needed for the institutions of higher education including the authorization of additional positions due to additional funds received other than general revenue for various programs and additional vehicles to maintain efficient operations of campuses. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 2001.”

Acts 2003, No. 1460, § 2: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that various changes in law are needed for the institutions of higher education including the authorization of additional positions due to additional funds received other than general revenue for various programs. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Acts 2003 (1st Ex. Sess.), No. 30, § 37: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2003 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2003 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2003.”

Acts 2005, No. 2123, § 38: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2005 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2005 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2005.”

Acts 2005, No. 2124, § 36: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2005 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2005 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2005.”

Acts 2005, No. 2200, § 2: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas, that various changes in law are needed for the institutions of higher education including the authorization of additional positions due to additional funds received other than general revenue for various programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2005.”

Acts 2007, No. 620, § 2: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that institutions of higher education may receive additional revenue from sources other than general revenue; that revisions to the number of provisional positions may be necessary to serve the students enrolled for the 2007-2008 and 2008-2009 academic years; that this act is immediately necessary to prevent unnecessary delay in the education of students. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2007.”

Acts 2007, No. 1229, § 45: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2007 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2007 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2007.”

Acts 2007, No. 1255, § 42: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2007 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2007 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2007.”

Acts 2009, No. 245, § 2: July 1, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that institutions of higher education may receive additional revenue from sources other than general revenue; that revisions to the number of provisional positions may be necessary to serve the students enrolled for the 2009-2010 and 2010-2011 academic years; that expedited implementation of this act is necessary so that the affected institutions of higher education can properly prepare for the upcoming academic year; that the failure to implement this act by July 1, 2009, will cause irreparable harm to the education of the students enrolled for the 2009-2010 academic year. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2009.”

Acts 2009, No. 688, § 15: July 1, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the fiscal year for employees begins on July 1 of every year and that the implementation of the Uniform Classification and Compensation Act is immediately necessary to ensure the continued services and operations of the state. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2009.”

Acts 2015, No. 1273, § 4: Apr. 8, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that institutions of higher education may receive revenue from sources other than general revenue; that revisions to the number of provisional positions may be necessary to serve the students enrolled for the 2014-2015 and 2015-2016 academic years; and that this act is immediately necessary to prevent the unnecessary delay in ‘meeting the educational needs’ of students. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2016, No. 140, § 17: July 1, 2016. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2016 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2016 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2016.”

Acts 2016, No. 141, § 15: July 1, 2016. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2016 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2016 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2016.”

Acts 2017, No. 178, § 11: July 1, 2017. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2017 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2017 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2017.”

Acts 2017, No. 179, § 13: July 1, 2017. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2017 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2017 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2017.”

Acts 2017, No. 365, § 29: July 1, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the fiscal year for employees begins on July 1 of every year and that the implementation of the Uniform Classification and Compensation Act is necessary to ensure the continued services and operations of the state. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2017.”

Acts 2017, No. 599, § 5: July 1, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the fiscal year for employees of institutions of higher education begins annually on July 1; and that the implementation of the Higher Education Uniform Classification and Compensation Act is necessary to ensure the continued services and operations of the state. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2017.”

Acts 2019, No. 204, § 5: July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the name change proposed under this act is to enable students interested in the Texarkana campus of the community college to have their ACT testing information sent directly to Texarkana and not to the Hope campus of the community college or to an institution in Texas; that there is confusion regarding where a student should send his or her ACT scores because Texarkana is not currently part of the campus's formal name; and that this act is necessary in order to change the name of the community college in time for the next fiscal year. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Acts 2019, No. 710, § 3: July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that changes in law are needed for the state-supported institutions of higher education, including the authorization of additional provisional positions, to maintain efficient operations of campuses. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Acts 2020, No. 129, § 11: July 1, 2020. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2020 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2020 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2020”.

6-63-301. Title.

This subchapter shall be cited and referred to as the “Higher Education Expenditure Restriction Act”.

History. Acts 1983, No. 147, § 1; A.S.A. 1947, § 80-5601.

6-63-302. Applicability of subchapter — Other fiscal laws not superseded.

The provisions of this subchapter shall be applicable to all publicly supported institutions of higher education in this state and shall not supersede the provisions of the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., the Uniform Classification and Compensation Act, § 21-5-201 et seq., the Arkansas Procurement Law, § 19-11-201 et seq., or other fiscal control laws of this state, and their successors.

History. Acts 1983, No. 147, § 2; A.S.A. 1947, § 80-5602.

6-63-303. Nine-month and part-time employees — Maximum annual salary.

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

History. Acts 1983, No. 147, § 5; 1985, No. 287, § 1; 1985, No. 845, § 3; A.S.A. 1947, §§ 80-5605, 80-5605.1.

6-63-304. Payroll deductions and promotional items.

      1. The governing board for each institution of higher education may permit deductions from the payrolls of the institution's employees for contributions to the various institutional fundraising, foundations, and capital campaigns of the institutions and its entities when authorized by such employees.
      2. Provided further, that the contributions shall be strictly voluntary and in no instance shall the institutions coerce or intimidate their employees to make such contributions.
      1. In addition to other payroll deductions authorized by law, the governing board for each institution of higher education may permit deductions from the payrolls of the institution's employees for tuition, fees, or such other items as the governing board shall approve.
      2. No such deduction shall be allowed unless authorized in writing by the employee.
  1. The Chief Fiscal Officer of the State shall establish for each requesting postsecondary educational institution a special appropriation line item to be used in the acquisition of promotional items. When an institution wishes to transfer moneys from its operating expenses appropriation to the promotional items line, the board of trustees shall approve the request and forward it to the Chief Fiscal Officer of the State for processing.

History. Acts 1993, No. 823, § 1; 1995, No. 1164, § 2.

Publisher's Notes. Former § 6-63-304, concerning graduate assistants, was repealed by Acts 1987, No. 646, § 5. The former section was derived from Acts 1983, No. 147, § 9; A.S.A. 1947, § 80-5609.

6-63-305. New or additional positions.

    1. In the event that additional federal funds, grants, gifts, or collections become available that were not authorized or contemplated at the time of the passage of the fiscal year appropriation act for operations for each institution enumerated in subsection (b) of this section, that such new funds make it possible for the recipient institution to engage in educational projects that would be of benefit to the State of Arkansas, and that such projects would make it necessary to employ additional personnel, the president of the recipient institution may establish the positions if:
      1. A request for a specific nonclassified position, title, and salary has been requested by the institution of higher education, approved by the institution's board of trustees, recommended by the Division of Higher Education, and reported to the Legislative Council; or
      2. A request for a specific classified position will be assigned only after a specific position, class title, and grade are requested by the institution of higher education, approved by the institution's board, recommended by the division and reported to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee; and
      3. The salary rates for these positions do not exceed the highest maximum annual salary rate or the highest grade for any position authorized in the regular salary section of the requesting institution's appropriation act for operations, under the Higher Education Uniform Classification and Compensation Act, § 21-5-1401 et seq.
    2. The number of additional positions shall not exceed the maximum number of positions authorized for the institution in the appropriation act for operations.
    3. The source of funding for the additional positions established under this subsection shall be reported to the division and the Legislative Council by the institution at the time of the request.
    4. Determining the number of persons to be employed by an institution of higher education is the prerogative of the General Assembly and is usually accomplished by delineating the maximum number of persons by identifying the job titles and the maximum grades or salaries attached to them. The General Assembly has determined that the institutions of higher education could be operated more efficiently if some flexibility were given to the institutions. That flexibility is being accomplished by providing new or additional positions in subsection (b) of this section, and since the General Assembly has granted the institutions broad powers under the new or additional position concept, it is both necessary and appropriate that the General Assembly maintain oversight of the utilization of the new or additional positions by requiring prior approval of the Legislative Council in the utilization of the new or additional positions. Therefore, the requirement of approval by the Legislative Council is not a severable part of this section. If the requirement of approval by the Legislative Council is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.
  1. The following maximum number of new additional positions is established for the biennium for the following institutions of higher education at salary rates not to exceed the salary rate or the highest grade level position of comparable positions established in the regular salaries section of the appropriations act for operations for each institution:
  2. The positions established under this subchapter shall expire at the end of the fiscal year in which they are established.
  3. Each institution shall include in its annual budget request presented to the Legislative Council a request to continue any position authorized under this subchapter.

Institution Maximum Number of Additional Positions (1) Arkansas State University-Jonesboro 325 (2) Arkansas State University-Mountain Home 40 (3) Arkansas State University-Beebe 100 (4) Arkansas State University-Newport 60 (5) Arkansas Tech University 65 (6) Black River Technical College 44 (7) Cossatot Community College of the University of Arkansas 105 (8) East Arkansas Community College 40 (9) National Park College 40 (10) Henderson State University 60 (11) Arkansas State University Mid-South 75 (12) Arkansas Northeastern College 70 (13) North Arkansas College 70 (14) Northwest Arkansas Community College 80 (15) Arkansas State University Three Rivers 40 (16) Ozarka College 46 (17) University of Arkansas Community College at Morrilton 40 (18) Phillips Community College of the University of Arkansas 40 (19) University of Arkansas — Pulaski Technical College 80 (20) University of Arkansas Community College at Rich Mountain 40 (21) South Arkansas Community College 50 (22) Southeast Arkansas College 60 (23) Southern Arkansas University 70 (24) SAU-Tech 40 (25) University of Arkansas at Fayetteville 750 (26) University of Arkansas — Agricultural Experiment Station 250 (27) University of Arkansas Cooperative Extension Service 250 (28) University of Arkansas — Arkansas Archeological Survey 150 (29) University of Arkansas — Criminal Justice Institute 250 (30) University of Arkansas at Little Rock 300 (31) University of Arkansas for Medical Sciences 1,000 (32) University of Arkansas at Monticello 100 (33) University of Arkansas at Pine Bluff 130 (34) University of Arkansas Community College at Batesville 40 (35) University of Arkansas Community College at Hope-Texarkana 40 (36) University of Central Arkansas 300 (37) University of Arkansas at Fort Smith 40 (38) University of Arkansas — Arkansas School for Mathematics, Sciences, and the Arts 60 (39) University of Arkansas — Clinton School of Public Service 75 (40) University of Arkansas system 50

Click to view table.

History. Acts 1983, No. 147, § 4; 1985, No. 845, § 1; A.S.A. 1947, § 80-5604; Acts 1989, No. 36, § 1; 1991, No. 1089, § 1; 1993, No. 823, § 2; 1995, No. 70, § 1; 1995, No. 1164, §§ 1, 3; 1999, No. 664, § 1; 2001, No. 739, § 1; 2003, No. 1460, § 1; 2003 (1st Ex. Sess.), No. 30, § 33; 2005, No. 2123, § 34; 2005, No. 2200, § 1; 2007, No. 620, § 1; 2007, No. 1255, § 38; 2009, No. 245, § 1; 2009, No. 688, § 1; 2009, No. 1334, § 37; 2015, No. 1273, §§ 1-3; 2016, No. 140, § 9; 2016, No. 141, § 9; 2017, No. 178, § 5; 2017, No. 179, § 7; 2017, No. 599, § 1; 2019, No. 204, § 1; 2019, No. 710, §§ 1, 2; 2019, No. 910, §§ 2005, 2006; 2020, No. 129, § 8.

Amendments. The 2009 amendment by No. 245 substituted “100” for “80” in (b)(3); substituted “105” for “70” in (b)(7), substituted “70” for “50” in (b)(13); and substituted “50” for “40” in (b)(21).

The 2009 amendment by No. 688, in (a), inserted (a)(1)(A) through (a)(1)(C) and (a)(2), deleted former (a)(2), and redesignated accordingly; deleted “upon authorization by the appropriate board of trustees and after review and approval by the Office of Personnel Management and the Legislative Council of the requested classifications or maximum annual salaries set out in dollars, may establish such the positions, as necessary” in the introductory language; inserted “or the highest grade level position” in the introductory language of (b); inserted (c) and (d); and made related changes.

The 2009 amendment by No. 1334 made no change in (b)(31).

The 2015 amendment, in the table in (b), substituted “60” for “40” for item number (22), substituted “750” for “500” for item number (25), and added item number (40).

The 2016 amendment by No. 140 substituted “Arkansas State University Mid-South” for “Mid-South Community College” in (b)(11).

The 2016 amendment by No. 141 substituted “National Park College” for “National Park Community College” in (b)(9).

The 2017 amendment by No. 178 inserted “University of Arkansas” in (b)(19).

The 2017 amendment by No. 179 substituted “University of Arkansas Community College at Rich Mountain” for “Rich Mountain Community College” in (b)(20).

The 2017 amendment by No. 599, rewrote (a)(1)(B); in (a)(1)(C) deleted “level” following “grade”, and substituted “the Higher Education Uniform Classification and Compensation Act, § 21-5-1401 et seq.” for “Uniform Classification and Compensation Act, § 21-5-201 et seq., or its successor”; in (a)(3), inserted “the additional” and substituted “department” for “office”; and substituted “an institution of higher education” for “a state agency” in (a)(4).

The 2019 amendment by No. 204 substituted “University of Arkansas Community College at Hope-Texarkana” for “University of Arkansas Community College at Hope” in (b)(35).

The 2019 amendment by No. 710 substituted “325” for “300” in (b)(1) and “70” for “60” in (b)(23).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (a)(1)(A); and substituted “division” for “department” in (a)(1)(B) and (a)(3).

The 2020 amendment rewrote (b)(15).

6-63-306. Additional compensation for additional duties.

The state-supported institutions of higher education may pay additional compensation to classified employees for the performance of additional duties assigned to them at non-job-related institution-sanctioned events, provided that those additional duties are performed at times other than normal working hours.

History. Acts 1983, No. 147, § 11; A.S.A. 1947, § 80-5611.

6-63-307. Salary restrictions — Penalties.

  1. An employee drawing a salary or other form of compensation from an institution of higher education shall not be paid an additional salary or receive additional compensation other than reimbursement for actual expenses from that institution or from any other agency or institution of higher education except upon written certification to and approval by the Director of the Division of Higher Education and by the head of each agency or institution that the work performed by the employee for the other agency or institution of higher education does not interfere with the proper and required performance of the employee's primary duties and that the combined salary payments from both agencies or institutions of higher education will not exceed the larger maximum annual salary of the line item position authorized for either agency from which the employee is to be paid.
  2. Any employee knowingly violating the provisions of this section shall be subject to immediate termination and shall be barred from employment by any agency or institution of the State of Arkansas for a period of not less than three (3) years or until the employee shall repay to the state any sums received by the employee in violation of this section, together with interest at a rate of ten percent (10%) per annum.
  3. Any compensation received by an employee for participation in a noncredit seminar, conference, or convention sponsored by an institution of higher education that is paid from funds generated by the seminar, conference, or convention shall be excluded from the maximum salary restrictions provided for in § 6-63-303 and the salary restrictions provided for in this section.

History. Acts 1983, No. 147, § 7; A.S.A. 1947, § 80-5607; Acts 1989 (3rd Ex. Sess.), No. 42, § 2; 2001, No. 1191, § 1; 2017, No. 365, § 1; 2019, No. 910, § 2007.

Publisher's Notes. Acts 1989 (3rd Ex. Sess.), No. 42, § 3, provided:

“It is the intent of the General Assembly that any funds disbursed under the authority of the appropriations contained in this Act shall be in compliance with the stated reasons for which this Act was adopted, as evidenced by the Agency Requests, Executive Recommendations and Legislative Recommendations contained in the budget manuals prepared by the Department of Finance and Administration, letters, or summarized oral testimony in the official minutes of the Arkansas Legislative Council or Joint Budget Committee which relate to its passage and adoption.”

Amendments. The 2017 amendment, in (a), substituted “An employee” for “No employee”, “shall not” for “shall”, and “Director of the Department of Higher Education” for “Chief Fiscal Officer of the State”.

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a).

Cross References. Salary restrictions for persons working for more than one state agency or institution, § 19-4-1604.

6-63-308. Overtime for classified positions — Limitations.

  1. The institutions of higher education are authorized to pay overtime, in critical circumstances, to those employees occupying the positions enumerated in their biennial operations appropriation acts under the heading “classified positions”.
    1. In no event, however, shall the total of all overtime payments for any institution except the University of Arkansas for Medical Sciences, also known as UAMS, exceed in any one (1) fiscal year an amount equal to two percent (2%) of the expenditures in the immediately preceding fiscal year for regular salaries for such institution.
    2. The total of all overtime payments for UAMS shall not exceed in any one (1) fiscal year, an amount equal to three percent (3%) of the expenditures of UAMS in the immediately preceding fiscal year for regular salaries.

History. Acts 1983, No. 147, § 3; A.S.A. 1947, § 80-5603.

Cross References. Overtime pay for state employees, § 19-4-1612.

6-63-309. Academic personnel recruitment — Exceptions to maximum salary levels — Conditions — Reports.

  1. In order that exceptionally well-qualified academic personnel may be recruited and retained, each state-supported institution of higher education may exceed the maximum salary levels by no more than twenty-five percent (25%) for no more than ten percent (10%) of the positions authorized in its biennial operations appropriation act as president, chancellor, academic dean, division head or chair, department chair, distinguished professor, university professor, professor, associate professor, assistant professor, instructor, extension specialist IV, extension specialist III, extension specialist II, extension specialist I, county extension agent-chairman II, or county extension agent-chairman I.
  2. Within the ten percent (10%) limitation provided herein, the University of Arkansas for Medical Sciences may include no more than one (1) area health education center executive director, six (6) area health education center area directors, six (6) family practice coordinators, six (6) associate family practice coordinators, and six (6) assistant family practice coordinators.
  3. In order that exceptionally well-qualified non-academic, non-classified personnel may be recruited and retained, each state-supported institution of higher education may exceed the maximum salary levels by no more than twenty-five percent (25%) for no more than six percent (6%) of the positions authorized in its biennial operations appropriation act for non-academic, non-classified personnel, provided that amounts paid in excess of the maximum salary levels for the personnel shall not exceed two and six-tenths percent (2.6%) of the aggregate appropriated for the personnel costs during the preceding fiscal year for the institution.
  4. Subsection (c) of this section shall not apply to athletic directors and coaches.

History. Acts 1983, No. 147, § 10; A.S.A. 1947, § 80-5610; Acts 1989, No. 402, § 2; 1989 (3rd Ex. Sess.), No. 25, § 1; 1989 (3rd Ex. Sess.), No. 42, § 1; 1991, No. 1089, § 2; 1995, No. 70, § 2; 2001, No. 1404, § 1.

Publisher's Notes. Acts 1989, No. 402, § 5, provided:

“It is the intent of the General Assembly that any funds disbursed under the authority of the appropriations contained in this Act shall be in compliance with the stated reasons for which this Act was adopted, as evidenced by the Agency Requests, Executive Recommendations and Legislative Recommendations contained in the budget manuals prepared by the Department of Finance and Administration, letters, or summarized oral testimony in the official minutes of the Arkansas Legislative Council or Joint Budget Committee which relate to its passage and adoption.”

Acts 1989 (3rd Ex. Sess.), No. 25, § 3, and No. 42, § 3, provided:

“It is the intent of the General Assembly that any funds disbursed under the authority of the appropriations contained in this Act shall be in compliance with the stated reasons for which this Act was adopted, as evidenced by the Agency Requests, Executive Recommendations and Legislative Recommendations contained in the budget manuals prepared by the Department of Finance and Administration, letters, or summarized oral testimony in the official minutes of the Arkansas Legislative Council or Joint Budget Committee which relate to its passage and adoption.”

6-63-310. [Repealed.]

Publisher's Notes. This section, concerning reorganization and consolidation of administrative functions and authorized transfers, was repealed by Acts 2007, No. 1229, § 15. The section was derived from Acts 1983, No. 147, § 15, as added by Acts 1985, No. 845, § 2; A.S.A. 1947, § 80-5615.

6-63-311. Special authorization and contracts — National Center for Toxicological Research.

  1. The boards of trustees of the University of Arkansas and Arkansas State University, after seeking the advice of the Legislative Council, may make a special allowance available, in such amounts as the boards may determine are justified and equitable in view of the complexities of the duties and in consideration of the competence of individual scientists, as part of the compensation of scientists employed by the University of Arkansas or Arkansas State University in connection with any contract entered into between the University of Arkansas or Arkansas State University and the United States Government or any of its departments or agencies for conducting research and educational programs connected with the National Center for Toxicological Research at Pine Bluff, if:
    1. All of the compensation is paid from funds received by the University of Arkansas or Arkansas State University under terms of the contract; and
      1. The special allowance for any scientist and related personnel employed by the University of Arkansas for Medical Sciences shall not exceed an amount equal to one and one-half (1½) that portion of his or her salary which could be paid from state funds if he or she were employed in a similar position, but unrelated to the National Center for Toxicological Research at Pine Bluff; and
      2. The special allowance for any scientist and related personnel employed by the other participating institutions shall not exceed an amount equal to that portion of his or her salary which could be paid from state funds if he or she were employed in a similar position, but unrelated to the National Center for Toxicological Research at Pine Bluff; and
    2. The Division of Higher Education will be notified of when and in what amount the special allowance will be paid prior to activation of the special allowance.
  2. In no event shall the boards of trustees of the University of Arkansas or Arkansas State University authorize or make special allowances, as provided for in this section, for more than twenty-five (25) scientist positions for the University of Arkansas for Medical Sciences nor more than ten (10) scientist positions for each of the other participating institutions.
  3. Furthermore, the gross salaries to be received by each of the scientists referred to above shall be limited to a maximum of seventy-three thousand four hundred sixty dollars ($73,460) from all sources for each fiscal year of the biennium.

History. Acts 1983, No. 147, § 13; 1985, No. 845, § 2; A.S.A. 1947, § 80-5613; Acts 2019, No. 910, § 2008.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a)(3).

6-63-312. Contingency appropriations — Transfers and reports.

  1. Upon approval by the Division of Higher Education and the Chief Fiscal Officer of the State, institutions of higher education may transfer appropriation from the cash contingency appropriation to any other appropriation made to the institution from cash funds and institutions may transfer appropriation from the contingency appropriation made payable from each institution's State Treasury fund to the state operations appropriation made payable from each institution's State Treasury fund.
  2. The division shall report monthly to the Legislative Council these appropriation transfers, and the report shall include, by institution, the amounts transferred, the reasons therefor, and the source of the funds.

History. Acts 1983, No. 147, § 8; A.S.A. 1947, § 80-5608; Acts 2005, No. 2124, § 31; 2019, No. 910, § 2009.

A.C.R.C. Notes. Acts 2013, No. 1397, § 35, provided: “TRANSFER AND REPORTS.

“(a) Upon approval by the Department of Higher Education and the Chief Fiscal Officer of the State, institutions of higher education may transfer appropriation from the cash contingency appropriation to any other appropriation made to the institution from cash funds including the establishment of commitment items, and may transfer appropriation from the contingency appropriation made payable from each institution's State Treasury Fund to the state operations appropriation made payable from each institution's State Treasury Fund including the establishment of commitment items, and may transfer appropriation from the contingency appropriation made payable from the Tobacco Settlement Program Fund Accounts to any other appropriation made to the institution from Tobacco Settlement Program Fund Accounts including the establishment of commitment items.

“(b) Contingency appropriation transfers shall only establish and supplement commitment items that were recommended by the Higher Education Coordinating Board in the budget manuals presented to the Legislative Council and Joint Budget Committee.

“(c) The Department of Higher Education shall report contingency appropriation transfers and the establishment of any commitment items authorized by this Section to the Legislative Council or Joint Budget Committee for review during its July meeting. The report shall include, by institution, the establishment of, and the amounts transferred to, each commitment item, the reasons therefor and the source of funds. Institutions shall submit contingency appropriation transfer and commitment item establishment requests authorized by this Section to the Department of Higher Education no later than July 1. Upon the failure of an institution to submit the required information by the July 1 deadline, the Department of Higher Education shall immediately notify by written notification the chairpersons of the Legislative Council or Joint Budget Committee.”

Acts 2014, No. 104, § 35, provided: “CONTINGENCY APPROPRIATIONS — TRANSFERS AND REPORTS.

“(a) Upon approval by the Department of Higher Education and the Chief Fiscal Officer of the State, institutions of higher education may transfer appropriation from the cash contingency appropriation to any other appropriation made to the institution from cash funds including the establishment of commitment items, and may transfer appropriation from the contingency appropriation made payable from each institution's State Treasury Fund to the state operations appropriation made payable from each institution's State Treasury Fund including the establishment of commitment items, and may transfer appropriation from the contingency appropriation made payable from the Tobacco Settlement Program Fund Accounts to any other appropriation made to the institution from Tobacco Settlement Program Fund Accounts including the establishment of commitment items.

“(b) Contingency appropriation transfers shall only establish and supplement commitment items that were recommended by the Higher Education Coordinating Board in the budget manuals presented to the Legislative Council and Joint Budget Committee.

“(c) The Department of Higher Education shall report contingency appropriation transfers and the establishment of any commitment items authorized by this Section to the Legislative Council or Joint Budget Committee for review during its July meeting. The report shall include, by institution, the establishment of, and the amounts transferred to, each commitment item, the reasons therefor and the source of funds. Institutions shall submit contingency appropriation transfer and commitment item establishment requests authorized by this Section to the Department of Higher Education no later than July 1. Upon the failure of an institution to submit the required information by the July 1 deadline, the Department of Higher Education shall immediately notify by written notification the chairpersons of the Legislative Council or Joint Budget Committee.”

Acts 2015, No. 978, § 34, provided: “CONTINGENCY APPROPRIATIONS — TRANSFERS AND REPORTS.

“(a) Upon approval by the Department of Higher Education and the Chief Fiscal Officer of the State, institutions of higher education may transfer appropriation from the cash contingency appropriation to any other appropriation made to the institution from cash funds including the establishment of commitment items, and may transfer appropriation from the contingency appropriation made payable from each institution's State Treasury Fund to the state operations appropriation made payable from each institution's State Treasury Fund including the establishment of commitment items, and may transfer appropriation from the contingency appropriation made payable from the Tobacco Settlement Program Fund Accounts to any other appropriation made to the institution from Tobacco Settlement Program Fund Accounts including the establishment of commitment items.

“(b) Contingency appropriation transfers shall only establish and supplement commitment items that were recommended by the Higher Education Coordinating Board in the budget manuals presented to the Legislative Council and Joint Budget Committee.

“(c) The Department of Higher Education shall report contingency appropriation transfers and the establishment of any commitment items authorized by this Section to the Legislative Council or Joint Budget Committee for review during its July meeting. The report shall include, by institution, the establishment of, and the amounts transferred to, each commitment item, the reasons therefor and the source of funds. Institutions shall submit contingency appropriation transfer and commitment item establishment requests authorized by this Section to the Department of Higher Education no later than July 1. Upon the failure of an institution to submit the required information by the July 1 deadline, the Department of Higher Education shall immediately notify by written notification the chairpersons of the Legislative Council or Joint Budget Committee.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 236, § 33, provided: “CONTINGENCY APPROPRIATIONS — TRANSFERS AND REPORTS.

“(a) Upon approval by the Department of Higher Education and the Chief Fiscal Officer of the State, institutions of higher education may transfer appropriation from the cash contingency appropriation to any other appropriation made to the institution from cash funds including the establishment of commitment items, and may transfer appropriation from the contingency appropriation made payable from each institution's State Treasury Fund to the state operations appropriation made payable from each institution's State Treasury Fund including the establishment of commitment items, and may transfer appropriation from the contingency appropriation made payable from the Tobacco Settlement Program Fund Accounts to any other appropriation made to the institution from Tobacco Settlement Program Fund Accounts including the establishment of commitment items.

“(b) Contingency appropriation transfers shall only establish and supplement commitment items that were recommended by the Higher Education Coordinating Board in the budget manuals presented to the Legislative Council and Joint Budget Committee.

“(c) The Department of Higher Education shall report contingency appropriation transfers and the establishment of any commitment items authorized by this Section to the Legislative Council or Joint Budget Committee for review during its July meeting. The report shall include, by institution, the establishment of, and the amounts transferred to, each commitment item, the reasons therefor and the source of funds. Institutions shall submit contingency appropriation transfer and commitment item establishment requests authorized by this Section to the Department of Higher Education no later than July 1. Upon the failure of an institution to submit the required information by the July 1 deadline, the Department of Higher Education shall immediately notify by written notification the chairpersons of the Legislative Council or Joint Budget Committee.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a); and substituted “division” for “department” in (b).

6-63-313. [Repealed.]

Publisher's Notes. This section, concerning reporting requirements, was repealed by Acts 1999, No. 476, § 1. The section was derived from Acts 1983, No. 147, § 6; A.S.A. 1947, § 80-5606.

6-63-314. Extra help restrictions.

No employee of an institution of higher education who is employed as extra help may be employed for a period of time to exceed one thousand five hundred (1,500) hours per fiscal year.

History. Acts 1991, No. 1089, § 3; 2005, No. 251, § 1.

A.C.R.C. Notes. Acts 2013, No. 1397, § 18, provided: “EMERGENCY GRANTS & EXTRA HELP POOL.

An Institution of higher education that suffers an emergency/disaster event resulting in all or a significant portion of campus operations being interrupted, may request disaster assistance through the Arkansas Department of Higher Education. Upon the declaration of an emergency by the Governor, the institution may request, subject to the recommendation of the Director of the Department of Higher Education and approval of the Governor, a grant from the Disaster Relief Fund to assist in returning that campus to operation and/or to a sister campus providing services to the students from the affected campus. Certified law enforcement officers employed by an institution of higher education may be granted jurisdiction at the sister institution, upon agreement of both institutions.

“The Department of Higher Education is authorized a pool of 500 extra help positions for use in such emergency situations. These positions may be assigned to the campus suffering the disaster event or to a sister campus providing services to the students from the affected campus. The Governor may waive the 1,500 hour limit of ACA6-63-314 on these assigned extra help pool positions.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 104, § 18, provided:

“EMERGENCY GRANTS & EXTRA HELP POOL. An Institution of higher education that suffers an emergency/disaster event resulting in all or a significant portion of campus operations being interrupted, may request disaster assistance through the Arkansas Department of Higher Education. Upon the declaration of an emergency by the Governor, the institution may request, subject to the recommendation of the Director of the Department of Higher Education and approval of the Governor, a grant from the Disaster Relief Fund to assist in returning that campus to operation and/or to a sister campus providing services to the students from the affected campus. Certified law enforcement officers employed by an institution of higher education may be granted jurisdiction at the sister institution, upon agreement of both institutions.

“The Department of Higher Education is authorized a pool of 500 extra help positions for use in such emergency situations. These positions may be assigned to the campus suffering the disaster event or to a sister campus providing services to the students from the affected campus. The Governor may waive the 1,500 hour limit of ACA6-63-314 on these assigned extra help pool positions.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 978, § 19, provided:

“EMERGENCY GRANTS & EXTRA HELP POOL. An Institution of higher education that suffers an emergency/disaster event resulting in all or a significant portion of campus operations being interrupted, may request disaster assistance through the Arkansas Department of Higher Education. Upon the declaration of an emergency by the Governor, the institution may request, subject to the recommendation of the Director of the Department of Higher Education and approval of the Governor, a grant from the Disaster Relief Fund to assist in returning that campus to operation and/or to a sister campus providing services to the students from the affected campus. Certified law enforcement officers employed by an institution of higher education may be granted jurisdiction at the sister institution, upon agreement of both institutions.

“The Department of Higher Education is authorized a pool of 500 extra help positions for use in such emergency situations. These positions may be assigned to the campus suffering the disaster event or to a sister campus providing services to the students from the affected campus. The Governor may waive the 1,500 hour limit of ACA6-63-314 on these assigned extra help pool positions.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 236, § 18, provided: “EMERGENCY GRANTS & EXTRA HELP POOL. An Institution of higher education that suffers an emergency/disaster event resulting in all or a significant portion of campus operations being interrupted, may request disaster assistance through the Arkansas Department of Higher Education. Upon the declaration of an emergency by the Governor, the institution may request, subject to the recommendation of the Director of the Department of Higher Education and approval of the Governor, a grant from the Disaster Relief Fund to assist in returning that campus to operation and/or to a sister campus providing services to the students from the affected campus. Certified law enforcement officers employed by an institution of higher education may be granted jurisdiction at the sister institution, upon agreement of both institutions.

“The Department of Higher Education is authorized a pool of 500 extra help positions for use in such emergency situations. These positions may be assigned to the campus suffering the disaster event or to a sister campus providing services to the students from the affected campus. The Governor may waive the 1,500 hour limit of ACA6-63-314 on these assigned extra help pool positions.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

6-63-315. Adjunct and visiting professors.

Institutions of higher education shall be exempt from the provisions of § 19-4-1707 [repealed] to the extent that they shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with the institution of higher education does not exceed twenty-five percent (25%) of that required for a full-time employee.

History. Acts 1991, No. 1089, § 3.

6-63-316. Reporting of salaries of administrators — Definition.

  1. As used in this section, “administrator” means an employee included as executive, administrative, or managerial on the IPEDS/EEO-6 reports.
    1. A state-supported institution of higher education shall submit a report listing each administrator at the state-supported institution of higher education who earns a salary of one hundred thousand dollars ($100,000) or more to the Arkansas Higher Education Coordinating Board and the Division of Higher Education by July 1 each year, beginning July 1, 2010.
    2. The report shall be posted on the division website no later than July 15 each year, beginning July 15, 2010.
  2. The report shall include:
    1. Each administrator's:
      1. Name;
      2. Position;
      3. Salary;
      4. Retirement matching;
      5. Health insurance matching;
      6. Life insurance matching; and
      7. Social security matching;
    2. All special contract provisions for each administrator such as:
      1. A house provided or a housing allowance;
      2. A vehicle provided or a vehicle allowance;
      3. Deferred compensations; or
      4. Other fringe benefits not provided all employees;
    3. The total value of each administrator's compensation package; and
    4. The funding source for each benefit in an administrator's compensation package.

History. Acts 2009, No. 321, § 1; 2019, No. 910, § 2010.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (b)(1); and substituted “division” for “department” in (b)(2).

Subchapter 4 — Faculty/Administrator Development Fellows

6-63-401 — 6-63-415. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2009, No. 1219, § 1. The subchapter was derived from the following sources:

6-63-401. Acts 1985, No. 229, § 1; A.S.A. 1947, § 80-4711.

6-63-402. Acts 1985, No. 229, § 2; A.S.A. 1947, § 80-4712.

6-63-403. Acts 1985, No. 229, § 6; A.S.A. 1947, § 80-4716.

6-63-404. Acts 1985, No. 229, § 5; A.S.A. 1947, § 80-4715.

6-63-405. Acts 1985, No. 229, § 5; A.S.A. 1947, § 80-4715; Acts 1993, No. 414, § 1.

6-63-406. Acts 1985, No. 229, § 5; A.S.A. 1947, § 80-4715.

6-63-407. Acts 1985, No. 229, § 2; A.S.A. 1947, § 80-4712.

6-63-408. Acts 1985, No. 229, § 3; A.S.A. 1947, § 80-4713.

6-63-409. Acts 1985, No. 229, § 4; A.S.A. 1947, § 80-4714.

6-63-410. Acts 1985, No. 229, § 5; A.S.A. 1947, § 80-4715.

6-63-411. Acts 1985, No. 229, § 5; A.S.A. 1947, § 80-4715.

6-63-412. Acts 1985, No. 229, § 5; A.S.A. 1947, § 80-4715.

6-63-413. Acts 1985, No. 229, § 5; A.S.A. 1947, § 80-4715.

6-63-414. Acts 1985, No. 229, § 5; A.S.A. 1947, § 80-4715.

6-63-415. Acts 1985, No. 229, § 5; A.S.A. 1947, § 80-4715.

Subchapter 5 — Requirement of Faculty Instruction in Public Schools

6-63-501. [Repealed.]

Publisher's Notes. This section, concerning the purpose, review, and report of the faculty involvement program, was repealed by Acts 1999, No. 477, § 3. The section was derived from Acts 1991, No. 981, § 1; 1997, No. 112, § 22.

For present law, see § 6-63-104.

6-63-502. Participation in Education Faculty Involvement Program — Eligibility.

  1. All public school districts shall assist through participation in the Education Faculty Involvement Program when requested.
    1. Any certified person employed by a school district who has credentials acceptable to a publicly supported institution of higher education may serve as adjunct clinical faculty at the institution so long as the national accreditation of the institution is not jeopardized.
    2. Exemplary teachers may be selected by the school and college faculty as adjunct clinical faculty in the colleges of education upon approval of the school district.
    3. Teachers with experience in restructuring schools and outstanding teachers in mathematics and science shall be given special consideration for placement as adjunct clinical faculty by the school and college faculty.

History. Acts 1991, No. 981, § 2.

Subchapter 6 — Catastrophic Leave Bank Program

Effective Dates. Acts 1999, No. 1176, § 8: Apr. 7, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that under the current law relating to the catastrophic leave program for state agency employees and for full-time employees of state institutions of higher education, catastrophic illness is defined as a medical condition of an employee only and does not include medical conditions of members of the employee's immediate family; that many times it is necessary that an employee miss work to care for a seriously ill member of the employee's immediate family; that if the employee has exhausted his or her accrued annual and sick leave and is not permitted to benefit from the catastrophic leave program he or she may suffer a substantial loss of income and serious hardship; that this act is designed to expand the term “catastrophic illness” as used in the law which establishes the catastrophic leave bank program to include catastrophic illness of a spouse or parent of an employee or of a child of the employee which may be claimed as a dependent under the Arkansas Income Tax Act of 1929 and should be given effect immediately to avoid serious hardship to certain employees of state agencies and of state-supported institutions of higher education. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-63-601. Definitions.

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

  1. “Catastrophic illness” means a medical condition, as certified by a physician, of an employee or of the spouse or parent of the employee or of a child of the employee who may be claimed as a dependent under the Income Tax Act of 1929, § 26-51-101 et seq., which requires an employee's absence from duty for a prolonged period of time and which, except for the catastrophic leave program, would result in a substantial loss of income to the employee because of the exhaustion of all earned sick and annual leave;
  2. “Catastrophic leave” means leave granted to an employee as a result of a catastrophic illness, upon the employee's exhausting of all sick and annual leave;
  3. “Catastrophic leave bank” means a pool of accrued annual leave donated by employees; and
  4. “Employees” means nonfaculty nonclassified personnel employed by a state institution of higher education.

History. Acts 1993, No. 441, § 1; 1999, No. 1176, § 1.

6-63-602. Administration.

    1. The Department of Transformation and Shared Services shall have administrative responsibility for developing, implementing, and maintaining a catastrophic leave bank program for nonfaculty benefits-eligible, full-time employees of the state institutions of higher education.
    2. Each state institution of higher education may participate in the catastrophic leave bank authorized by this section and administered by the Office of Personnel Management, or the institution may establish a catastrophic leave bank for its employees.
  1. Accrued annual leave and sick leave of employees may be donated to a catastrophic leave bank.
  2. Catastrophic leave with pay may be granted to an employee when such employee is unable to perform his or her duties due to a catastrophic illness.
  3. An employee may be eligible for catastrophic leave when:
    1. The employee has been employed by the state institution of higher education for more than two (2) years;
    2. An acceptable medical certificate from a physician supporting the continued absence is on file; and
    3. The employee has not been disciplined for any leave abuse during the past two (2) years.
  4. If the illness or injury is that of an employee and is covered by workers' compensation, the compensation based on catastrophic leave when combined with the weekly workers' compensation benefit received by the employee shall not exceed the compensation being received by the employee at the onset of the illness or injury.
  5. The Secretary of the Department of Transformation and Shared Services or his or her designee shall promulgate necessary rules as deemed necessary to carry out the provisions of this section.
  6. Nothing in this subchapter shall be construed to repeal in any way the exclusion of nonclassified employees of state-supported institutions of higher learning under the Uniform Attendance and Leave Policy Act, § 21-4-201 et seq.

History. Acts 1993, No. 441, § 2; 1999, No. 1176, § 2; 2019, No. 315, § 380; 2019, No. 910, §§ 6058, 6059.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (f).

The 2019 amendment by No. 910 substituted “Department of Transformation and Shared Services” for “Department of Finance and Administration” in (a)(1); deleted “of the Division of Management Services of the Department of Finance and Administration” following “Office of Personnel Management” in (a)(2); and substituted “Secretary of the Department of Transformation and Shared Services” for “Director of the Department of Finance and Administration” in (f).

Chapter 64 University of Arkansas

A.C.R.C. Notes. Acts 2005, No. 2125, § 22, provided:

“SPECIAL LANGUAGE. TYPE 2 TRANSFER. Effective July 1, 2005, all duties, functions, records, property, obligations, personnel, and authority to levy and collect diagnostic and laboratory fees, pursuant to Arkansas Code § 2-33-111 and § 2-33-112, for the Springdale Laboratory of the Arkansas Livestock and Poultry Commission are hereby transferred by a Type 2 transfer from the Arkansas Livestock and Poultry Commission to the Division of Agriculture of the University of Arkansas.”

Publisher's Notes. Acts 1899, No. 155, § 4, p. 282, changed the name of the Arkansas Industrial University to the University of Arkansas.

Cross References. Ethics and Conflicts of Interest, § 21-8-101 et seq.

Case Notes

Immunity From Suit.

As an instrumentality of the State of Arkansas, the University of Arkansas and its officials are entitled to Eleventh Amendment immunity from damage claims brought under 42 U.S.C. § 1983. Assaad-Faltas v. University of Ark. for Medical Sciences, 708 F. Supp. 1026 (E.D. Ark. 1989), aff'd without op., 902 F.2d 1572 (8th Cir.), cert. denied, 498 U.S. 905, 111 S. Ct. 271, 112 L. Ed. 2d 227 (1990).

Subchapter 1 — General Provisions

A.C.R.C. Notes. Acts 1991, No. 849, § 13, provided:

“The University of Arkansas shall be exempt from the provisions of Arkansas Code § 19-4-1707 to the extent that the University of Arkansas shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with the University of Arkansas does not exceed 25% of that required for a full-time employee.”

Preambles. Acts 1977, No. 76 contained a preamble which read:

“Whereas, Act 454 of 1973 charged the Livestock Marketing Division of the Arkansas Livestock and Poultry Commission with the responsibility of administering the Market News Reporting Service and authorized the Commission to establish a Market News Reporting Program in cooperation with the U.S. Department of Agriculture; and

“Whereas, the Market News Reporting Service is primarily an informational and educational service and is a service which could more appropriately be maintained by the University of Arkansas Cooperative Extension Service;

“Now, therefore… .”

Effective Dates. Acts 1887, No. 95, § 17: effective on passage.

Acts 1891, No. 83, § 6: effective on passage.

Acts 1913, No. 224, § 11: approved Mar. 29, 1913. Emergency declared.

Acts 1975, No. 338, § 5: July 1, 1975. Emergency clause provided: “It is hereby found and determined by the Seventieth General Assembly that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1975 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1975 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1975.”

Acts 1975, No. 341, § 5: July 1, 1975. Emergency clause provided: “It is hereby found and determined by the Seventieth General Assembly that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1975 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1975 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1975.”

Acts 1977, No. 76, § 4: Jan. 31, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Market News Reporting Service which is currently being administered under the Livestock Marketing Division of the Arkansas Livestock and Poultry Commission is primarily an informational and educational program which is more compatible with the service goals of the University of Arkansas Cooperative Extension Service; that it is the purpose and intent of this act to transfer the authority and responsibility for administering the Market News Reporting Program to the University of Arkansas Cooperative Extension Service and that this transfer of authority and responsibility should be effected at the beginning of the 1977-78 fiscal year, and that in order to assure that this act will become effective on or before July 1, 1977, it is essential that an emergency be declared. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1979, No. 1031, § 5: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the Seventy-Second General Assembly that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1979, is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1979, could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1979.”

Acts 1981, No. 599, § 1: Mar. 19, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the athletic programs of the University of Arkansas are conducted by an official and public agency of this State, and that discrimination in access to the radio broadcast rights to any football or basketball game by the Athletic Department of the University of Arkansas is contrary to the public interest, and is detrimental to the public support and the rights of the people of this State to enjoy the benefits of radio broadcasts of said games, and, that the immediate passage of this Act is necessary to clarify and prohibit the Athletic Department of the University of Arkansas from granting exclusive rights to only one or more radio broadcasting stations to broadcast such games, and to require that the broadcasting of such games be made available in accordance with uniform standards, fees and regulations to all radio broadcasting firms in this State, and that the immediate passage of this Act is necessary to clarify said problem. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 1099, § 33: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 2003, No. 1473, § 74: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act includes technical corrects to Act 923 of 2003 which establishes the classification and compensation levels of state employees covered by the provisions of the Uniform Classification and Compensation Act; that Act 923 of 2003 will become effective on July 1, 2003; and that to avoid confusion this act must also effective on July 1, 2003. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Acts 2009, No. 961, § 2: Apr. 6, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act is necessary to designate a lead agency in order to facilitate obtaining funding for the Arkansas Victim Assistance Academy; and that this act is immediately necessary because failure to act immediately could cause harm to funding efforts and cause irreparable harm to the academy. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

6-64-101. Courses of study.

The course of study in the University of Arkansas shall embrace agricultural chemistry, animal and plant anatomy and physiology, the application of science and the mechanic arts to practical agriculture in the field, veterinary arts, entomology, rural and household economy and horticulture, practical mechanic arts as taught in the workshops, the English language and literature, mathematics, civil engineering, philosophy, history, and bookkeeping, military tactics, and such other branches of study as the Board of Trustees of the University of Arkansas may prescribe.

History. Acts 1887, No. 95, § 6, p. 178; 1891, No. 83, § 3, p. 151; C. & M. Dig., § 9544; Pope's Dig., § 13165; A.S.A. 1947, § 80-2826.

Case Notes

Immunity From Suit.

The University of Arkansas for Medical Sciences (UAMS) is the name of a campus which is a part of the University of Arkansas, an institution of higher education established under Arkansas law. UAMS is not a separate institution or a corporate body which has the capacity to sue or be sued. Assaad-Faltas v. University of Ark. for Medical Sciences, 708 F. Supp. 1026 (E.D. Ark. 1989), aff'd without op., 902 F.2d 1572 (8th Cir.), cert. denied, 498 U.S. 905, 111 S. Ct. 271, 112 L. Ed. 2d 227 (1990).

Cited: Murphy v. Morris, 200 Ark. 932, 141 S.W.2d 518 (1940).

6-64-102. [Repealed.]

Publisher's Notes. This section, concerning real estate research and education programs, was repealed by Acts 2015, No. 344, § 1. The section was derived from Acts 1975, No. 338, § 1; 1975, No. 341, § 1; 1979, No. 1031, § 1; A.S.A. 1947, §§ 80-2884.1, 80-2894.

6-64-103. Marketing News Reporting Program.

The University of Arkansas Cooperative Extension Service is authorized to establish and maintain the Market News Reporting Program in cooperation with the United States Department of Agriculture.

History. Acts 1977, No. 76, § 1; A.S.A. 1947, § 80-2860.1.

Publisher's Notes. Acts 1957, No. 425, § 1, authorized the University of Arkansas to enter into cooperative agreements with the United States of America, acting through the Production and Marketing Administration of the United States Department of Agriculture, or such agency as was prescribed by the United States Congress, for the establishment of and maintenance of a market news program on livestock in and for the State of Arkansas. Acts 1977, No. 76, § 1, in part, transferred, effective July 1, 1977, the authority and responsibility for administering the Market News Reporting Service from the Livestock Marketing Division of the Arkansas Livestock and Poultry Commission to the University of Arkansas Cooperative Extension Service.

6-64-104. Radio broadcasts of football and basketball games.

  1. Unless otherwise prohibited or limited by Southeastern Conference rules, the University of Arkansas Athletics Department shall make available for radio broadcasts all football and basketball games of the University of Arkansas under uniform arrangements for the right to radio broadcast the games as may be provided by the department.
  2. However, no discrimination shall be made against any licensed radio broadcasting station in this state with respect to the access to and the rights to radio broadcast football or basketball games in accordance with a schedule of fees, standards, rules, and regulations promulgated by the department making these broadcasts accessible and available to each Arkansas radio broadcasting station that desires to broadcast these games.

History. Acts 1981, No. 599, § 1; A.S.A. 1947, § 80-2895; Acts 2003, No. 1473, § 13; 2019, No. 315, § 381.

Amendments. The 2019 amendment inserted “rules” in (b).

6-64-105. [Repealed.]

Publisher's Notes. This section, concerning free transportation, was repealed by Acts 2013, No. 278, § 1. The section was derived from Acts 1913, No. 224, § 7; C. & M. Dig., § 9538; Pope's Dig., § 13152; A.S.A. 1947, § 80-2825.

6-64-106. Division of Agriculture — Service on boards or commissions.

  1. No person employed by the Division of Agriculture of the University of Arkansas System may serve as a voting member of any board or commission which regulates activities in areas in which the division has responsibility for conducting research and extension programs.
  2. Such persons shall serve as ex officio members of such boards or commissions as required by statute.
  3. The division shall act in an advisory capacity to all such boards and commissions and is designated as the lead institution for such support.
  4. The Vice President for Agriculture, subject to approval by the President of the University of Arkansas System, shall determine the areas of responsibility of the division.

History. Acts 1995, No. 166, § 1.

Publisher's Notes. Former § 6-64-106, concerning the baccalaureate degree nursing program, was repealed by Acts 1991, No. 1101, § 28. The former section was derived from Acts 1987, No. 546, § 2.

6-64-107, 6-64-108. [Repealed.]

A.C.R.C. Notes. Former § 6-64-107, concerning a housing allowance for the president or chancellor, was deemed to be superseded. The former section was derived from Acts 1989 (1st Ex. Sess.), No. 120, § 11. A similar provision which was also codified as § 6-64-107, and was previously superseded, was derived from Acts 1987, No. 754, § 12.

Two former versions of § 6-64-108, concerning housing allowance for chancellor for medical sciences, were deemed to be superseded. The former sections were derived from Acts 1987, No. 703, § 14 and Acts 1991, No. 974, § 19.

Publisher's Notes. These sections, concerning the housing allowance for the president and chancellor of the University of Arkansas and for the chancellor of The University of Arkansas for Medical Sciences, were repealed by Acts 1999, No. 240, §§ 3, 4. The sections were derived from the following sources:

6-64-107. Acts 1991, No. 849, § 11.

6-64-108. Acts 1989 (1st Ex. Sess.), No. 278, § 15.

6-64-109. Housing allowance for chaplain.

The Chancellor of the University of Arkansas for Medical Sciences may designate up to forty-five percent (45%) of the regular gross salary or stipend of a minister or other clergy employed as a chaplain or appointed as a chaplain resident as a housing allowance, to the extent used by the person to rent or provide a home, according to the guidelines of 26 U.S.C. § 107, and § 26-51-404(b)(9).

History. Acts 1995, No. 1099, § 22.

A.C.R.C. Notes. Acts 2013, No. 1403, § 35, provided: “CHAPLAIN HOUSING ALLOWANCE.

The Chancellor of the University of Arkansas for Medical Sciences may designate up to forty-five percent (45%) of the regular gross salary (or stipend) of a minister or other clergy employed as a Chaplain or appointed as a Chaplain Resident, as a housing allowance, to the extent used by the person to rent or provide a home, according to the guidelines of the Internal Revenue Service Code, Section 107 and the Arkansas Code 26-51-404(b)(9).

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 294, § 36, provided:

“CHAPLAIN HOUSING ALLOWANCE. The Chancellor of the University of Arkansas for Medical Sciences may designate up to forty-five percent (45%) of the regular gross salary (or stipend) of a minister or other clergy employed as a Chaplain or appointed as a Chaplain Resident, as a housing allowance, to the extent used by the person to rent or provide a home, according to the guidelines of the Internal Revenue Service Code, Section 107 and the Arkansas Code 26-51-404(b)(9).

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 361, § 36, provided:

“CHAPLAIN HOUSING ALLOWANCE. The Chancellor of the University of Arkansas for Medical Sciences may designate up to forty-five percent (45%) of the regular gross salary (or stipend) of a minister or other clergy employed as a Chaplain or appointed as a Chaplain Resident, as a housing allowance, to the extent used by the person to rent or provide a home, according to the guidelines of the Internal Revenue Service Code, Section 107 and the Arkansas Code 26-51-404(b)(9).

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 231, § 36, provided: “CHAPLAIN HOUSING ALLOWANCE. The Chancellor of the University of Arkansas for Medical Sciences may designate up to forty-five percent (45%) of the regular gross salary (or stipend) of a minister or other clergy employed as a Chaplain or appointed as a Chaplain Resident, as a housing allowance, to the extent used by the person to rent or provide a home, according to the guidelines of the Internal Revenue Service Code, Section 107 and the Arkansas Code 26-51-404(b)(9).

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

6-64-110. Housing allowance.

The proceeds from the sale of the state-owned home for the Chancellor of the University of Arkansas for Medical Sciences shall continue to be invested, and the earnings on the investment shall be used to defray the total cost of the housing allowance or as much as the investment earnings will provide, whichever is the lesser.

History. Acts 1999, No. 240, § 1.

Cross References. Housing allowance, § 6-62-108.

6-64-111. [Repealed.]

Publisher's Notes. This section, concerning allowance in lieu of housing, was repealed by Acts 2015, No. 344, § 2. The section was derived from Acts 1999, No. 240, § 2.

6-64-112. [Repealed.]

Publisher's Notes. This section, concerning the lead agency for the Arkansas Victim Assistance Academy, was repealed by Acts 2017, No. 459, § 1. The section was derived from Acts 2009, No. 961, § 1.

Subchapter 2 — Board of Trustees

Preambles. Acts 1943, No. 272, contained a preamble which read:

“Whereas, Amendment 33, voted on as Amendment 35, to the Constitution of the State of Arkansas, in effect and operation from and after January 15, 1943, provides that the term of office of the ten members of the Board of Trustees of the University of Arkansas shall be ten years, that such terms of office shall be arranged by the General Assembly to provide a membership with one term of office expiring every year from the effective date of the amendment and that the unexpired terms of members serving on the effective date of the amendment shall not be decreased,

“Therefore, in compliance with Amendment 33… .”

Effective Dates. Acts 1871, No. 44, § 21: effective on passage.

Acts 1873, No. 33, § 4: effective on passage.

Acts 1887, No. 95, § 17: effective on passage.

Acts 1891, No. 83, § 6: effective on passage.

Acts 1903, No. 195, § 7: effective on passage.

Acts 1907, No. 87, § 2: effective on passage.

Acts 1909, No. 283, § 3: effective on passage.

Acts 1913, No. 224, § 11: approved Mar. 29, 1913. Emergency declared.

Acts 1915, No. 289, § 16: approved Mar. 27, 1915. Emergency declared.

Acts 1939, No. 9, § 3: Jan. 24, 1939. Emergency clause provided: “The General Assembly, realizing that there is no provision making it mandatory that former students of the University of Arkansas be represented on the Board of Trustees of said institution, and realizing that the activities of the University of Arkansas have been greatly increased during the past several years and that many of the subjects in the course of study are not represented on said Board, and knowing that the alumni of said institution are more interested in said institution than those who have never attended the University, and believing that said alumni should at all times be represented on said Board of Trustees and have an active interest in the conduct, operation and management of said institution, hereby declares that an emergency exists, and this Act being necessary for the immediate preservation of the public peace, health and safety shall be effective immediately upon its adoption and approval.”

Acts 1941, No. 302, § 3: approved Mar. 26, 1941. Emergency clause provided: “It is hereby found and declared that the Board of Trustees of the University of Arkansas should be free of political influence to the greatest extent possible, and to that end the Governor and the Superintendent of Public Instruction should not be members of said Board, ex officio or otherwise; that the Board of Trustees should begin immediately the shaping of the policies of the school year beginning in September next; that delay in the effective date of this Act would have a tendency to render uncertain the policies and actions of the Board, in conflict with the best interests of the institution; that the preservation of the public peace, health and safety demands that this Act take effect without delay; an emergency is therefore declared, and this Act shall take effect and be in force from and after its passage.”

Acts 1943, No. 272, § 4: approved Mar. 18, 1943. Emergency clause provided: “It is hereby found and declared that delay in the effective date of this act would be contrary to the will of the people of the State of Arkansas as expressed by the vote on Amendment 33 adopted at the General Election November 3, 1942, and would be in conflict with the purpose of the Amendment and would have a tendency to render uncertain the policies and actions of the Board of Trustees of the University of Arkansas; that the Board of Trustees, as constituted under Amendment 33, should begin immediately the shaping of the policies of the school; that the preservation of the public peace, health and safety demands this act take effect without delay; therefore, an emergency is declared and this act shall take effect and be in force from and after its passage.”

Acts 1985, No. 464, § 5: Mar. 21, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that there still exists an obsolete law prohibiting the employment at the University of Arkansas of persons related within the fourth degree of consanguinity to any member of the Board of Trustees; that such law no longer comports to the public policy of this State and should be immediately modified to avoid inequitable treatment of such persons; that this Act will eliminate the inequity and should therefore be given immediate effect. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

6-64-201. Members — Meetings.

  1. The Board of Trustees of the University of Arkansas shall consist of ten (10) members.
  2. The Governor shall appoint the trustees. These appointments shall be with the consent of the Senate, except as provided in Arkansas Constitution, Amendment 33, § 5.
    1. Two (2) members shall be appointed from each of the four (4) congressional districts, as established following the most recent federal census.
      1. Two (2) members shall be appointed from the state at large.
      2. The two (2) at-large members shall not reside in the same congressional district.
    2. In case of an increase or decrease in the number of congressional districts in the state, the number of members appointed from the state at large shall be increased or decreased in a manner to assure equal representation on the board for each congressional district.
    3. The member or members of the board, if any, appointed from the state at large shall be alumni of the University of Arkansas.
  3. The term of office shall be ten (10) years.
  4. The trustees shall make and subscribe to an affidavit before entering upon their respective duties to faithfully, diligently, and impartially discharge the duties of their office.
    1. The board, for any cause deemed sufficient by them, shall have power by a majority vote, taken at any meeting, to remove any member from the board. However, no member shall be so removed unless as many as five (5) of the trustees vote for removal.
    2. When any member of the board is so removed, the votes of the trustees shall be recorded, and the president of the board shall make a certificate showing the result of the vote and transmit the certificate without delay to the Governor, who shall at once declare the commission which had been issued to the removed trustee vacated, and he or she shall appoint and commission some competent person to fill the vacancy so occasioned.
    1. The board shall elect a chairperson.
    2. A lesser number than a quorum may adjourn from time to time.
    3. The board shall have the power to hold adjourned meetings when the business of the university actually requires it, or the chairperson of the board may call a meeting of the board when he or she is satisfied that the interest of the university so requires or when five (5) members of the board petition him or her so to do.
  5. The members of the board may receive expense reimbursement in accordance with § 25-16-901 et seq.

History. Acts 1871, No. 44, § 12, p. 201; 1873, No. 33, § 1, p. 65; 1874 (Spec. Sess.), No. 31, § 4, p. 39; 1875, No. 109, § 1, p. 234; 1887, No. 95, §§ 1, 2, p. 178; 1891, No. 83, § 2, p. 151; 1907, No. 87, § 1, p. 192; C. & M. Dig., §§ 9518, 9519, 9523, 9527 — 9529, 9533; Pope's Dig., §§ 13137, 13138, 13142, 13146 — 13148, 13156; Acts 1939, No. 9, §§ 1, 2; 1941, No. 302, §§ 1, 2; 1943, No. 272, §§ 1, 2; A.S.A. 1947, §§ 80-2802 — 80-2807, 80-2810; Acts 1997, No. 250, § 28; 1997, No. 1140, § 1; 2015, No. 344, §§ 3, 4.

A.C.R.C. Notes. As amended by Acts 1997, No. 1140, subsection (c) also provided:

“The members of the board in office on July 1, 1997, shall continue to serve their regular terms. As terms expire after that date, appointments to the board shall be made in such manner as to assure that as soon as practicable the members of the board will represent the different areas of the state as required by this act. Provided, when the first term expires after July 1, 1997, the person appointed to the position shall be a resident of the Fourth Congressional District.”

Amendments. The 2015 amendment substituted “as established following the most recent federal census” for “in existence on January 1, 1997” in (c)(1); deleted former (g)(1) and redesignated the remaining subdivisions accordingly; substituted “chairperson” for “presiding officer” in present (g)(1); and substituted “chairperson” for “president” in present (g)(3).

Cross References. Meetings required to be held once during each quarterly period, § 25-17-208.

Compensation of state boards, § 25-16-901 et seq.

Case Notes

Cited: Arkansas v. Texas, 346 U.S. 368, 74 S. Ct. 109, 98 L. Ed. 80 (1953); Jacobs v. Sharp, 211 Ark. 865, 202 S.W.2d 964 (1947).

6-64-202. Board of Trustees of the University of Arkansas incorporated — Powers and authority.

The Board of Trustees of the University of Arkansas is made a body politic and corporate and shall have all the powers of a corporate body, subject to the Arkansas Constitution and laws of the State of Arkansas, and the board possesses all the power and authority possessed by the board of trustees of the university under laws existing on March 30, 1887.

History. Acts 1887, No. 95, § 2, p. 178; C. & M. Dig., § 9523; Pope's Dig., § 13142; A.S.A. 1947, § 80-2804.

Case Notes

Cited: Jacobs v. Sharp, 211 Ark. 865, 202 S.W.2d 964 (1947); Lindsay v. White, 212 Ark. 541, 206 S.W.2d 762 (1947); Arkansas v. Texas, 346 U.S. 368, 74 S. Ct. 109, 98 L. Ed. 80 (1953); Cammack v. Chalmers, 284 Ark. 161, 680 S.W.2d 689 (1984).

6-64-203. Rules.

The Board of Trustees of the University of Arkansas shall have power to prescribe all rules for the government and discipline of the University of Arkansas, subject to the provisions of this subchapter and such other acts of the General Assembly as may be prescribed.

History. Acts 1887, No. 95, § 4, p. 178; C. & M. Dig., § 9524; Pope's Dig., § 13143; A.S.A. 1947, § 80-2812; Acts 2019, No. 315, § 382.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in the section heading and in the text.

Research References

Ark. L. Rev.

The Emerging Law of Students' Rights, 23 Ark. L. Rev. 619.

Case Notes

Cited: Gay & Lesbian Students Ass'n v. Gohn, 850 F.2d 361 (8th Cir. 1988).

6-64-204. Charges brought against board or committee members, employees, etc. — Procedure.

  1. The Board of Trustees of the University of Arkansas is fully empowered and authorized, either as a board or through any committee it may select or appoint, to inquire into and fully investigate any and all charges that have been or may be preferred against any trustee of the board or any member of any committee appointed by or under the direction of the board or any contractor, architect, builder, employee, agent, or other person acting by agreement with, or authority of, or under the board or any of the committees of the board, in any capacity whatever.
  2. For the purposes of such investigations or inquiry, the board or any committee that may be appointed by it shall and may hold meetings in the state, at such time and place as may be designated by the board, or by a committee so appointed.
    1. The chair of the executive committee of the board shall have full and ample power to issue all necessary process for summoning and compelling the attendance of witnesses before the board or committee and may impose upon all witnesses who refuse to obey such process, or to testify fully and explicitly before such board or committee, in reference to any and all such matters as may be the subject of inquiry, all the pains or penalties that might or could be imposed upon the witnesses by the circuit court, in any case, if a witness were to fail and refuse to appear and testify before the proper circuit court of his or her county in a cause or matter legally pending therein after being summoned to so appear and testify therein.
      1. The process issued by the chair of the executive committee may be directed to any sheriff, coroner, or constable in this state.
      2. If the officer fails, neglects, or refuses to execute the process, he or she shall be subject to all the forfeitures, pains, and penalties which might or could be imposed upon him or her for failing, neglecting, or refusing to serve necessary or proper process from a circuit court in his or her own county. The fine, imprisonment, and penalties as can be so assessed shall be enforced and carried out upon the order of the chair of the executive committee.
    2. The chair shall be required to have no commission to so act, except as a member of the board, and a certificate of his or her election or appointment to such place by the board of trustees or the president of such board.

History. Acts 1873, No. 33, § 2, p. 65; C. & M. Dig., § 9534; Pope's Dig., § 13157; A.S.A. 1947, § 80-2808.

6-64-205. Examinations by committee — Service of process.

  1. Process under §§ 6-64-201(f) and 6-64-204 shall run in the name of the state.
  2. The officers and witnesses shall execute and obey the same without any advanced fees or compensation, and their accounts or claims for service, attendance, or other costs arising in such investigation shall be presented to the Board of Trustees of the University of Arkansas, and shall order, through its president, certificates issued upon their treasurer for reasonable compensation.

History. Acts 1873, No. 33, § 3, p. 65; C. & M. Dig., § 9535; Pope's Dig., § 13158; A.S.A. 1947, § 80-2809.

6-64-206. Findings of examinations and inquiries reduced to writing.

The material parts of all examinations and inquiries had by any committee shall be reduced to writing and laid before the Board of Trustees of the University of Arkansas for its action.

History. Acts 1873, No. 33, § 3, p. 65; C. & M. Dig., § 9535; Pope's Dig., § 13158; A.S.A. 1947, § 80-2809.

6-64-207. President of the University of Arkansas.

The President of the University of Arkansas shall attend meetings of the Board of Trustees of the University of Arkansas at such times and places as named and required in this subchapter and shall perform all such duties as are required in this subchapter or may be directed by the board.

History. Acts 1871, No. 44, § 12, p. 201; C. & M. Dig., § 9529; Pope's Dig., § 13148; A.S.A. 1947, § 80-2810; Acts 1997, No. 250, § 29; 2015, No. 344, § 5.

Amendments. The 2015 amendment deleted “Board of Trustees of the” preceding “University” in the section heading and the section, and deleted “without salary or fees or any compensation whatsoever, except such as he or she receives for other services for the state” at the end of the section.

Cross References. Compensation of state boards, § 25-16-901 et seq.

6-64-208. Faculty and assistants.

  1. The faculty of the University of Arkansas shall consist of a president and such professors as the Board of Trustees of the University of Arkansas may deem necessary, whose compensation shall be fixed by the board.
  2. [Repealed.]
  3. The board may employ such assistants as it may deem necessary, whose compensation shall be fixed by the board.
  4. The manner of payment of all salaries shall be regulated by the board.

History. Acts 1887, No. 95, § 8, p. 178; 1891, No. 83, § 5, p. 151; C. & M. Dig., § 9536; Pope's Dig., § 13159; A.S.A. 1947, § 80-2823; Acts 2015, No. 344, § 6.

Amendments. The 2015 amendment repealed (b).

6-64-209. Leaves of absence of faculty.

  1. The matter of leaves of absence of the faculty shall rest with the Board of Trustees of the University of Arkansas.
  2. No person shall be entitled to any salary when on leave of absence, except when on university business.

History. Acts 1909, No. 283, § 2, p. 873; C. & M. Dig., § 9564; Pope's Dig., § 13150; A.S.A. 1947, § 80-2824.

6-64-210. Salaries and compensation of teachers and employees.

The Board of Trustees of the University of Arkansas shall fix and from time to time regulate the fees, allowances, salaries, and wages to be paid to architects, inspectors, professors, teachers, agents, committees, servants, or other necessary employees. It shall observe rigid economy in such expenditures and diligently discharge its duties according to law.

History. Acts 1871, No. 44, § 16, p. 201; C. & M. Dig., § 9530; Pope's Dig., § 13151; A.S.A. 1947, § 80-2813.

6-64-211 — 6-64-213. [Repealed.]

Publisher's Notes. These sections, concerning financial officer; financial officer attendance at board meetings; and purchasing agent and registrar, were repealed by Acts 2015, No. 344, § 7. The sections were derived from the following sources:

6-64-211. Acts 1913, No. 224, § 10; A.S.A. 1947, § 80-2821.

6-64-212. Acts 1871, No. 44, § 12, p. 201; C. & M. Dig., § 9529; Pope’s Dig., § 13148; A.S.A. 1947, § 80-2810.

6-64-213. Acts 1915, No. 289, § 8; C. & M. Dig., § 9553; Pope’s Dig., § 13202; A.S.A. 1947, § 80-2822.

6-64-214. Employment of relatives.

  1. No person related by affinity or consanguinity within the first degree to any member of the Board of Trustees of the University of Arkansas shall be employed in the University of Arkansas in any capacity. However, the provisions of this subsection shall not be applicable with respect to any person who is already employed by the university as of March 21, 1985, or at the time a relative becomes a member of the board, or to any student doing work at the university.
  2. The secretary of the board is prohibited from drawing a warrant in favor of any such relative and shall be liable on his or her bond for any violation of this provision. However, the provisions of this subsection shall not be applicable with respect to any person who is already employed by the university as of March 21, 1985, or at the time a relative becomes a member of the board.

History. Acts 1901, No. 164, § 5, p. 314; 1903, No. 195, § 5, p. 388; Pope's Dig., § 13153; Acts 1985, No. 464, §§ 1, 2; A.S.A. 1947, §§ 80-2819, 80-2820.

6-64-215. [Repealed.]

Publisher's Notes. This section, concerning records and reports regarding students and teachers, was repealed by Acts 2015, No. 344, § 8. The section was derived from Acts 1913, No. 224, § 10; C. & M. Dig., §§ 9520 — 9522; Pope’s Dig., §§ 13139 — 13141; A.S.A. 1947, §§ 80-2814 — 80-2816; 2005, No. 1994, § 187.

6-64-216. Report as to expenditures.

The Board of Trustees of the University of Arkansas shall make a report to the General Assembly, showing by items how each appropriation is expended.

History. Acts 1913, No. 224, § 8; C. & M. Dig., § 9532; Pope's Dig., § 13155; A.S.A. 1947, § 80-2817.

Case Notes

Cited: Arkansas v. Texas, 346 U.S. 368, 74 S. Ct. 109, 98 L. Ed. 80 (1953).

6-64-217. [Repealed.]

Publisher's Notes. This section, concerning the annual report of agricultural and mechanical departments, was repealed by Acts 2015, No. 344, § 9. The section was derived from Acts 1887, No. 95, § 10, p. 178; C. & M. Dig., § 9525; Pope’s Dig., § 13144; A.S.A. 1947, § 80-2818.

6-64-218. Sale of donated land.

  1. The Board of Trustees of the University of Arkansas may sell any land donated to the University of Arkansas by individuals.
  2. When the purchase price is paid to the treasurer of the university, the president and secretary of the board shall execute a deed conveying the lands to the purchaser.

History. Acts 1901, No. 164, § 4, p. 314; C. & M. Dig., § 9526; Pope's Dig., § 13145; A.S.A. 1947, § 80-2811.

6-64-219, 6-64-220. [Transferred.]

A.C.R.C. Notes. Sections 6-64-219 and 6-64-220 have been renumbered as §§ 6-64-108 [repealed] and 6-64-109, respectively.

Subchapter 3 — Campuses Established

Cross References. Authorization for college extension courses, § 6-60-401 et seq.

Cooperative education program in state government, § 21-3-501 et seq.

Regulations as to establishment of branch campuses, § 6-61-101 et seq.

Preambles. Acts 1969, No. 35 contained a preamble which read:

“Whereas, the Board of Trustees of the University of Arkansas and the Board of Trustees of Little Rock University have made detailed studies and identified the proper scope of educational responsibilities for Central Arkansas, and have jointly concluded, as a matter of educational judgment, that imperative measures must be taken to satisfy the increasing demands for educational opportunity for the young people of Central Arkansas; and

“Whereas, to that end and purpose these Boards of Trustees have, after much deliberation, concluded an ‘Agreement of Merger and Plan of Transition’ which provides for the orderly merger of Little Rock University into the University of Arkansas; and

“Whereas, the ‘Agreement of Merger and Plan of Transition’ is conditioned upon the enactment by the General Assembly of a State appropriation for the purpose of operating the resulting University of Arkansas at Little Rock;

“Now, therefore… .”

Acts 1971, No. 9 contained a preamble which read:

“Whereas, the Board of Trustees of the University of Arkansas and the Board of Trustees of Arkansas Agricultural and Mechanical College have made detailed studies and identified the benefits which will accrue to the people of the State of Arkansas and to each of these educational endeavors from a merger by which the University of Arkansas would be the resulting institution and Arkansas Agricultural and Mechanical College would be consolidated therein, all as provided in Arkansas Constitution, Amendment 33; and,

“Whereas, these Boards have developed a plan of response which will produce a significant accrual of benefits and economies in order to serve, more effectively and efficiently, the needs of the State relative to educational opportunities for an increasing number of our young people in Southeast Arkansas, and to develop research and educational services on a coordinated basis as resources become available for the forest, petroleum and other industries, and for the agricultural economy all of which are prominent in Southeast Arkansas; and,

“Whereas, this plan, incorporated in an ‘Agreement of Merger and Plan of Transition,’ has been jointly developed and agreed to contingent upon the approval of the General Assembly by authorizing the two existing institutions to merge, by transferring the appropriation of the merged institution, and by amending or repealing those statutes establishing and providing for Arkansas Agricultural and Mechanical College;

“Now, therefore … .”

Effective Dates. Acts 1969, No. 35, § 2: Feb. 2, 1969. Emergency clause provided: “It has been found and determined by the General Assembly that it is essential to the continued progress of higher education in this State that additional facilities be provided to meet the increasing demands for educational opportunity for the young people of the State; that it is imperative that the necessary measures be taken to provide such facilities as soon as possible; that it is necessary that this act take effect immediately so that a budget may be prepared and submitted to the Sixty-Seventh General Assembly to finance the University of Arkansas at Little Rock provided for in this act. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in effect from the date of its passage and approval.”

6-64-301. Little Rock — Establishment.

The Board of Trustees of the University of Arkansas is authorized to establish and operate, as a part thereof, a campus to be known as the University of Arkansas at Little Rock, incorporating therein the private institution formerly known as Little Rock University, which was transferred to the control of the board for purposes of this merger.

History. Acts 1969, No. 35, § 1; A.S.A. 1947, § 80-2884.

A.C.R.C. Notes. Acts 1991, No. 599, § 6, provided:

“The University of Arkansas at Little Rock shall be exempt from the provisions of Arkansas Code § 19-4-1707 to the extent that the University of Arkansas at Little Rock shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with the University of Arkansas at Little Rock does not exceed 25% of that required for a full-time employee.”

Acts 2015, No. 321, § 7, provided:

“SPECIAL ALLOWANCES. For the purpose of providing necessary allowances for housing and other unusual expenses incurred by or in behalf of the athletic director, assistant athletic directors, head coaches, and assistant coaches at the University of Arkansas at Little Rock, the Board of Trustees may make special allowances available therefor in such amounts as the Board of Trustees may determine as justified, an equitable allowance in view of the unusual and exacting duties of said athletic director, assistant athletic directors, head coaches, and assistant coaches, and for the purpose of providing such allowances, the Board of Trustees is authorized to expend from the auxiliary income of the University of Arkansas at Little Rock, which is derived from athletic event receipts, an amount not to exceed twenty thousand dollars ($20,000) in the aggregate for such purposes during each fiscal year for the athletic director and head coaches, and ten thousand dollars ($10,000) in the aggregate for such purposes during each fiscal year for the assistant athletic directors and assistant coaches. Provided that any such allowances shall be in addition to the regular salary of such athletic director, assistant athletic directors, head coaches and assistant coaches, as established herein provided that the amount of such allowance shall not exceed ten thousand dollars ($10,000) per annum for any one salaried position. Further, if the special allowance funds authorized herein are utilized the University of Arkansas at Little Rock shall report annually to the Legislative Joint Auditing Committee the exact disposition of those special allowances funds.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 124, § 7, provided:

“SPECIAL ALLOWANCES. For the purpose of providing necessary allowances for housing and other unusual expenses incurred by or in behalf of the athletic director, assistant athletic directors, head coaches, and assistant coaches at the University of Arkansas at Little Rock, the Board of Trustees may make special allowances available therefor in such amounts as the Board of Trustees may determine as justified, an equitable allowance in view of the unusual and exacting duties of said athletic director, assistant athletic directors, head coaches, and assistant coaches, and for the purpose of providing such allowances, the Board of Trustees is authorized to expend from the auxiliary income of the University of Arkansas at Little Rock, which is derived from athletic event receipts, an amount not to exceed twenty thousand dollars ($20,000) in the aggregate for such purposes during each fiscal year for the athletic director and head coaches, and ten thousand dollars ($10,000) in the aggregate for such purposes during each fiscal year for the assistant athletic directors and assistant coaches. Provided that any such allowances shall be in addition to the regular salary of such athletic director, assistant athletic directors, head coaches and assistant coaches, as established herein provided that the amount of such allowance shall not exceed ten thousand dollars ($10,000) per annum for any one salaried position. Further, if the special allowance funds authorized herein are utilized the University of Arkansas at Little Rock shall report annually to the Legislative Joint Auditing Committee the exact disposition of those special allowances funds.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Case Notes

Cited: Little Rock Univ. v. George W. Donaghey Found., 252 Ark. 1148, 483 S.W.2d 230 (1972).

6-64-302. Monticello — Establishment.

  1. The Board of Trustees of the University of Arkansas is authorized to establish and operate, as a part thereof, a campus to be known as the University of Arkansas at Monticello, consolidating and incorporating therein the state institution formerly known as Arkansas Agricultural and Mechanical College, which, together with its board of trustees, was abolished as a separate institution with responsibility transferred to the control of the Board of Trustees of the University of Arkansas as a part of the University of Arkansas effective July 1, 1971.
  2. The Board of Trustees of the University of Arkansas shall maintain and operate the campus at Monticello as a major four-year campus of the University of Arkansas, offering at that location the highest possible quality of high educational programs, shall provide for the sound growth and improvement of the quality of the academic programs, and shall expand its mission to include technical education at Forest Echoes Technical Institute, which after July 1, 2003, shall be known as the University of Arkansas at Monticello College of Technology-Crossett, and Great Rivers Technical Institute, which after July 1, 2003, shall be known as the University of Arkansas at Monticello College of Technology-McGehee.

History. Acts 1971, No. 9, § 1; A.S.A. 1947, § 80-2885; Acts 1997, No. 834, § 1; 2003, No. 1196, § 1; 2005, No. 1771, § 1; 2017, No. 540, § 6; 2017, No. 1006, § 1.

A.C.R.C. Notes. Acts 1991, No. 638, § 5, provided:

“The University of Arkansas at Monticello shall be exempt from the provisions of Arkansas Code § 19-4-1707 to the extent that the University of Arkansas at Monticello shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with the University of Arkansas at Monticello does not exceed 25% of that required for a full-time employee.”

Acts 1997, No. 834, § 1, also provided for members of the initial board to draw lots for terms of from one (1) to three (3) years.

Pursuant to § 1-2-207(b), the amendment to subsections (b) and (c) by Acts 2017, No. 540, § 6, is superseded by the amendment to this section by Acts 2017, No. 1006, § 1. Acts 2017, No. 540, § 6, provided:

“(b)(1) There is established the Board of Visitors for the University of Arkansas at Monticello, which shall consist of seven (7) members appointed by the Governor subject to confirmation by the Senate.

“(2)(A) The Governor shall appoint one (1) member from:

“(i) The Board of Directors of the University of Arkansas at Monticello College of Technology-Crossett; and

“(ii) The Board of Directors of the University of Arkansas at Monticello College of Technology-McGehee.

“(B) The Board of Directors of Forest Echoes Technical Institute, which after July 1, 2003, shall be known as the University of Arkansas at Monticello College of Technology-Crossett, and Great Rivers Technical Institute, which after July 1, 2003, shall be known as the University of Arkansas at Monticello College of Technology-McGehee, shall be appointed by the Board of Trustees of the University of Arkansas.

“(c)(1)(A) Appointments shall be bipartisan and be for terms of five (5) years.

“(B) The Governor shall endeavor to make appointments to the board of visitors so that at least four (4) members of the board of visitors will be alumni of the University of Arkansas at Monticello.

“(C) After the expiration of the terms of the members initially appointed under subsection (b) of this section, the members appointed by the Governor in 2006 shall draw lots for staggered terms.

“(D) Appointments after 2006 shall be for terms of five (5) years.

“(2) Members may serve no more than two (2) consecutive terms but shall otherwise be eligible for reappointment to the board of visitors.

“(3) When there is a vacancy in an unexpired term, the appointee shall serve for the remaining portion of the term.”

Publisher's Notes. Acts 1925, No. 45, § 1, in part changed the name of the fourth district agricultural school located at Monticello to Agricultural and Mechanical College, Fourth District.

Acts 1943, No. 1 created an honorary board of managers for the Fourth District Agricultural and Mechanical College which succeeded to all the powers and duties of the board or commission charged with the management or control of that school which was abolished by that act. Acts 1971, No. 9, § 5 purported to amend Acts 1943, No. 1, § 2(14) by deleting the reference to “Arkansas Agricultural and Mechanical College” which had been abolished by Acts 1971, No. 9, § 1 (this section), but did not set out the amended portion that is required by Arkansas Constitution, Article 5, Section 23.

Acts 1971, No. 9, § 2, provided for the relinquishment of all responsibility, control, and supervision of the Arkansas Agricultural and Mechanical College by its Board of Trustees on July 1, 1971. Section 3 of that act provided that the Board of Trustees of the University of Arkansas would, on July 1, 1971, assume and be vested with all the rights, titles, powers, etc., of the Arkansas Agricultural and Mechanical College and its Board of Trustees, and be vested with all the rights, titles, and interests in and to all real and personal property acquired by or vested by law in or for the use of the Arkansas Agricultural and Mechanical College or its Board of Trustees. Section 3 also provided that the Arkansas Agricultural and Mechanical College be abolished as a separate institution. Section 4 of the act directed the appropriate state officials to transfer all funds, appropriations, credits, and equities of the Arkansas Agricultural and Mechanical College so that these funds, etc., would be credited to and made available to the University of Arkansas for use on its Monticello campus.

Amendments. The 2017 amendment by No. 540 rewrote (b) and (c).

The 2017 amendment by No. 1006 rewrote the section.

6-64-303. Pine Bluff — Establishment and programs.

  1. The Board of Trustees of the University of Arkansas is authorized to establish and operate, as a part thereof, a campus to be known as the University of Arkansas at Pine Bluff, consolidating and incorporating therein the facilities of the state institution formerly known as Arkansas Agricultural, Mechanical, and Normal College which, together with its board of trustees, was abolished as a separate institution effective July 1, 1972.
    1. The board of trustees shall maintain and operate the campus at Pine Bluff as a major campus of the University of Arkansas, offering at that location the highest possible quality of higher educational programs, and shall provide for the sound growth and improvement in the quality of the academic programs.
    2. The board shall continue to offer programs providing opportunities for those young people in Arkansas who are culturally, socially, and economically disadvantaged as well as programs attractive to students from other groups, and the composition of the administration, faculty, and staff shall reflect these purposes.

History. Acts 1971, No. 512, § 1; A.S.A. 1947, § 80-3201n.

A.C.R.C. Notes. Acts 1991, No. 600, § 8, provided:

“The University of Arkansas at Pine Bluff shall be exempt from the provisions of Arkansas Code § 19-4-1707 to the extent that the University of Arkansas at Pine Bluff shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with the University of Arkansas at Pine Bluff does not exceed 25% of that required for a full-time employee.”

Acts 2013, No. 788, § 8, provided: “SPECIAL ALLOWANCES.

For the purpose of providing necessary allowances for housing and other unusual expenses incurred by or in behalf of the athletic director, associate/assistant athletic directors, head coaches, and assistant coaches at the University of Arkansas at Pine Bluff, the Board of Trustees may make special allowances available therefore in such amounts as the Board of Trustees may determine as justified, an equitable allowance in view of the unusual and exacting duties of said athletic director, associate/assistant athletic directors, head coaches, and assistant coaches, and for the purpose of providing such allowances, the Board of Trustees is authorized to expend from the auxiliary income of the University of Arkansas at Pine Bluff, which is derived from athletic event receipts. Provided that any such allowances shall be in addition to the regular salary of such athletic director, associate/assistant athletic directors, head coaches and assistant coaches, as established herein provided that the amount of such allowance shall not exceed ten thousand dollars ($10,000) per annum for any one salaried position. Further, if the special allowance funds authorized herein are utilized the University of Arkansas at Pine Bluff shall report annually to the Legislative Joint Auditing Committee the exact disposition of those special allowance funds.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 52, § 8, provided:

“SPECIAL ALLOWANCES. For the purpose of providing necessary allowances for housing and other unusual expenses incurred by or in behalf of the athletic director, associate/assistant athletic directors, head coaches, and assistant coaches at the University of Arkansas at Pine Bluff, the Board of Trustees may make special allowances available therefore in such amounts as the Board of Trustees may determine as justified, an equitable allowance in view of the unusual and exacting duties of said athletic director, associate/assistant athletic directors, head coaches, and assistant coaches, and for the purpose of providing such allowances, the Board of Trustees is authorized to expend from the auxiliary income of the University of Arkansas at Pine Bluff, which is derived from athletic event receipts. Provided that any such allowances shall be in addition to the regular salary of such athletic director, associate/assistant athletic directors, head coaches and assistant coaches, as established herein provided that the amount of such allowance shall not exceed ten thousand dollars ($10,000) per annum for any one salaried position. Further, if the special allowance funds authorized herein are utilized the University of Arkansas at Pine Bluff shall report annually to the Legislative Joint Auditing Committee the exact disposition of those special allowance funds.

“The provisions of the section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 886, § 8, provided:

“SPECIAL ALLOWANCES. For the purpose of providing necessary allowances for housing and other unusual expenses incurred by or in behalf of the athletic director, associate/assistant athletic directors, head coaches, and assistant coaches at the University of Arkansas at Pine Bluff, the Board of Trustees may make special allowances available therefore in such amounts as the Board of Trustees may determine as justified, an equitable allowance in view of the unusual and exacting duties of said athletic director, associate/assistant athletic directors, head coaches, and assistant coaches, and for the purpose of providing such allowances, the Board of Trustees is authorized to expend from the auxiliary income of the University of Arkansas at Pine Bluff, which is derived from athletic event receipts. Provided that any such allowances shall be in addition to the regular salary of such athletic director, associate/assistant athletic directors, head coaches and assistant coaches, as established herein provided that the amount of such allowance shall not exceed ten thousand dollars ($10,000) per annum for any one salaried position. Further, if the special allowance funds authorized herein are utilized the University of Arkansas at Pine Bluff shall report annually to the Legislative Joint Auditing Committee the exact disposition of those special allowance funds.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2015, No. 886, § 9, provided:

“UNIVERSITY OF ARKANSAS AT PINE BLUFF — AQUACULTURE AND FISHERIES PROGRAM REPORTING. The University of Arkansas at Pine Bluff will report quarterly to the Arkansas Legislative Council on the status of its Aquaculture and Fisheries Program that will include an update of notable achievements and general program activities. This reporting requirement will cease after a total of eight (8) reports have been made.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 74, § 8, provided:

“SPECIAL ALLOWANCES. For the purpose of providing necessary allowances for housing and other unusual expenses incurred by or in behalf of the athletic director, associate/assistant athletic directors, head coaches, and assistant coaches at the University of Arkansas at Pine Bluff, the Board of Trustees may make special allowances available therefore in such amounts as the Board of Trustees may determine as justified, an equitable allowance in view of the unusual and exacting duties of said athletic director, associate/assistant athletic directors, head coaches, and assistant coaches, and for the purpose of providing such allowances, the Board of Trustees is authorized to expend from the auxiliary income of the University of Arkansas at Pine Bluff, which is derived from athletic event receipts. Provided that any such allowances shall be in addition to the regular salary of such athletic director, associate/assistant athletic directors, head coaches and assistant coaches, as established herein provided that the amount of such allowance shall not exceed ten thousand dollars ($10,000) per annum for any one salaried position. Further, if the special allowance funds authorized herein are utilized the University of Arkansas at Pine Bluff shall report annually to the Legislative Joint Auditing Committee the exact disposition of those special allowance funds.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2016, No. 74, § 9, provided:

“UNIVERSITY OF ARKANSAS AT PINE BLUFF — AQUACULTURE AND FISHERIES PROGRAM REPORTING. The University of Arkansas at Pine Bluff will report quarterly to the Arkansas Legislative Council on the status of its Aquaculture and Fisheries Program that will include an update of notable achievements and general program activities. This reporting requirement will cease after a total of eight (8) reports have been made.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Publisher's Notes. Acts 1971, No. 512, § 3, provided in part for the relinquishment of all responsibility and control of the Arkansas Agricultural, Mechanical, and Normal College by its Board of Trustees on July 1, 1972. Section 3 further provided that the Board of Trustees would be divested of all future obligations and duties regarding that institution upon delivery of its assets, books of account, and files to the Board of Trustees of the University of Arkansas.

Acts 1971, No. 512, § 4, provided in part for development of plans by the presidents and other officials, faculty, and staff members of the Arkansas Agricultural, Mechanical, and Normal College and the University of Arkansas for the orderly transition of the Arkansas Agricultural, Mechanical, and Normal College into the University of Arkansas. Section 4 further provided that the President of the Arkansas Agricultural, Mechanical, and Normal College would become the Chancellor of the University of Arkansas at Pine Bluff.

Acts 1971, No. 512, § 5, provided that on July 1, 1972, the Board of Trustees of the University of Arkansas would be vested with, and succeed to, all the rights, titles, powers, interests, properties, assets, funds, and credits of the Arkansas Agricultural, Mechanical, and Normal College and its board of trustees, including all rights, titles, and interests in and to all real and personal property acquired by or vested in that college or its board of trustees. Section 5 further provided that the Board of Trustees of the University of Arkansas would assume the future duties and responsibilities of higher education on the Pine Bluff, Arkansas campus from and after July 1, 1972.

Acts 1971, No. 512, § 6, directed the appropriate state officials to transfer all funds, appropriations, credits, and equities belonging to the Arkansas Agricultural, Mechanical, and Normal College so that they would be credited to and made available to the University of Arkansas for use on its Pine Bluff campus.

Acts 1971, No. 512, § 7, purported to amend several acts by deleting all references to “Arkansas Agricultural, Mechanical, and Normal College” or to that institution under the names by which it had previously been designated or operated (Branch Normal College, Agricultural, Mechanical, and Normal School for Negroes, State Agricultural, Mechanical, and Normal College, State A. M. & N. College, and Arkansas A. M. & N. College), and to its board of trustees. Acts 1971, No. 512, § 7, did not, however, set out the amended portion that is required by Arkansas Constitution, Article 5, Section 23.

Acts 1971, No. 512, § 10, contained a legislative recognition and declaration that any litigation or investigations arising from the operations of the Arkansas Agricultural, Mechanical, and Normal College prior to July 1, 1972, were not the responsibility of, nor should they be attributed to, the University of Arkansas, its officials, or its Board of Trustees. Section 10 further provided that the University of Arkansas, its officials, or its board of trustees would have no responsibility to appear, defend, or otherwise answer to any such claims, damages, reimbursement, suits, or other matters.

Case Notes

Retirement of Professors.

After the merger of Arkansas Agricultural, Mechanical and Normal College into the University of Arkansas system, the University of Arkansas could take any action on employment rights which could have been taken by AM & N in the absence of the merger and could legally alter the mandatory retirement age. Russell v. Board of Trustees, 502 F. Supp. 916 (E.D. Ark. 1980), aff'd, 657 F.2d 1008 (8th Cir. Ark. 1981).

Barring procedural irregularities, a university may lower a previously established mandatory retirement age and may apply the lower age to an already tenured professor. Russell v. Board of Trustees, 502 F. Supp. 916 (E.D. Ark. 1980), aff'd, 657 F.2d 1008 (8th Cir. Ark. 1981).

Professor had property interest in teaching until he reached age 72, which brought into play the requirements of due process, and the property interest was not eliminated by merger. Russell v. Board of Trustees, 502 F. Supp. 916 (E.D. Ark. 1980), aff'd, 657 F.2d 1008 (8th Cir. Ark. 1981).

Although plaintiff was a tenured professor at Arkansas Agricultural, Mechanical and Normal College prior to the merger into the University of Arkansas system, the board of trustees was not required to give plaintiff personalized notice of a contemplated change in the retirement age or to give him a personal hearing in which he could be heard individually by the trustees regarding the change. Russell v. Board of Trustees, 502 F. Supp. 916 (E.D. Ark. 1980), aff'd, 657 F.2d 1008 (8th Cir. Ark. 1981).

6-64-304. [Repealed.]

A.C.R.C. Notes. The repeal of this section by Acts 2017, No. 1006, § 2, superseded the amendment of this section by Acts 2017, No. 540, § 7. Acts 2017, No. 540, § 7 substituted “five (5) years” for “seven (7) years” in (c).

Publisher's Notes. This section, concerning the Pine Bluff Board of Visitors, was repealed by Acts 2017, No. 1006, § 2. The section was derived from Acts 1971, No. 512, § 3; A.S.A. 1947, § 80-3201n; Acts 2015, No. 1100, § 7; 2017, No 540, § 7.

6-64-305. eVersity — University of Arkansas system.

  1. The General Assembly acknowledges that the eVersity, an entirely online institution of higher education of the University of Arkansas system established by the actions of the Board of Trustees of the University of Arkansas and recognized by the Arkansas Higher Education Coordinating Board, may:
    1. Offer certificate and degree programs in a manner that recognizes a systemic change from the traditional model for higher education; and
    2. Provide educational programs that meet the needs of an information-rich and technology-oriented population in a development-driven workforce era.
  2. A program of study offered by the eVersity shall have clearly defined expectations of students, including without limitations expectations concerning:
    1. Knowledge;
    2. Skills;
    3. Competencies; and
    4. Capacities for additional learning.
  3. To meet the needs of a changing workforce, graduates of the eVersity are required to demonstrate mastery, competency, and capabilities of the program area.
    1. The eVersity courses and degree programs shall be designed to require active participation and engagement of students in the learning process.
    2. The eVersity courses and degree programs will be supported by strong academic support services to enhance student success.
  4. To provide affordable educational opportunities, open educational resources shall be utilized to support course delivery to students.
  5. To keep courses and degree programs offered by the eVersity at affortable tuition levels while maintaining transparency and accountability, the eVersity is exempt from the following statutes that are not applicable to an entirely online institution of higher education:
    1. Section 6-60-204;
    2. Section 6-60-206 [repealed];
    3. Section 6-60-211;
    4. Section 6-60-303;
    5. Immunizations, § 6-60-501 et seq.;
    6. Textbooks and course materials, § 6-60-601 et seq.;
    7. Arkansas Higher Education Information System, § 6-60-901 et seq.;
    8. Sections 6-61-107 and 6-61-108;
    9. Section 6-61-123;
    10. Section 6-61-127;
    11. Section 6-61-130;
    12. Section 6-61-207;
    13. Sections 6-61-214 and 6-61-215;
    14. Sections 6-61-220 — 6-61-222;
    15. Section 6-61-224 [repealed];
    16. Sections 6-61-228 — 6-61-230 [repealed];
    17. Section 6-61-233 [repealed];
    18. [Repealed.]
    19. Sections 6-62-106 and 6-62-107;
    20. Section 6-63-104;
    21. Section 6-63-303;
    22. Section 6-63-307;
    23. Section 6-80-106; and
    24. Section 19-4-1604.

History. Acts 2015, No. 306, § 1; 2019, No. 256, § 6.

Amendments. The 2019 amendment repealed (f)(18).

Subchapter 4 — Medical Department Generally

A.C.R.C. Notes. Acts 1991, No. 974, § 20, provided:

“The University of Arkansas for Medical Sciences shall be exempt from the provisions of Arkansas Code § 19-4-1707 to the extent that the University of Arkansas for Medical Sciences University of Arkansas for Medical Sciences shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with the University of Arkansas for Medical Sciences does not exceed 25% of that required for a full-time employee.”

Acts 2013, No. 1403, § 43, provided: “PSYCHIATRIC RESEARCH INSTITUTE & DEPARTMENT OF PEDIATRICS REPORTS.

The University of Arkansas for Medical Sciences shall report quarterly each fiscal year to the Legislative Council on program activities and the expenditure of funds from the Psychiatric Research Institute and Department of Pediatrics appropriation for Building Effective Services for Trauma programs for children and adolescents.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 294, § 44, provided:

“PSYCHIATRIC RESEARCH INSTITUTE & DEPARTMENT OF PEDIATRICS REPORTS. The University of Arkansas for Medical Sciences shall report quarterly each fiscal year to the Legislative Council on program activities and the expenditure of funds from the Psychiatric Research Institute and Department of Pediatrics appropriation for Building Effective Services for Trauma programs for children and adolescents.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 361, § 44, provided:

“PSYCHIATRIC RESEARCH INSTITUTE & DEPARTMENT OF PEDIATRICS REPORTS. The University of Arkansas for Medical Sciences shall report quarterly each fiscal year to the Legislative Council on program activities and the expenditure of funds from the Psychiatric Research Institute and Department of Pediatrics appropriation for Building Effective Services for Trauma programs for children and adolescents.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 231, § 44, provided: “PSYCHIATRIC RESEARCH INSTITUTE & DEPARTMENT OF PEDIATRICS REPORTS. The University of Arkansas for Medical Sciences shall report quarterly each fiscal year to the Legislative Council on program activities and the expenditure of funds from the Psychiatric Research Institute and Department of Pediatrics appropriation for Building Effective Services for Trauma programs for children and adolescents.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Cross References. Acquisition of unclaimed bodies by University of Arkansas Medical School, § 20-17-701 et seq.

Preambles. Acts 1911, No. 360, p. 336 contained a preamble which read:

“Whereas, the ‘Arkansas Industrial University Medical Department,’ a corporation organized and existing in Pulaski County, Arkansas, under the laws of Arkansas providing for the incorporation of benevolent associations, is the owner of the following described real and personal property, to-wit:

“A parcel of ground and building thereon at the corner of East Second and Sherman streets, in the city of Little Rock, of the estimated value of thirty thousand dollars [$30,000.00], a parcel of ground and building thereon at No. 611 East Markham street, in the city of Little Rock, of the estimated value of six thousand five hundred dollars [$6,500.00], cash on hand twenty thousand dollars [$20,000.00], office fixtures of the estimated value of four hundred dollars [$400.00], operating room of the estimated value of three hundred dollars [$300.00], dispensary of the estimated value of five hundred dollars [$500.00], library of the estimated value of one thousand five hundred dollars [$1,500.00], chemical laboratory, apparatus, supplies and chemicals of the estimated value of one thousand two hundred dollars [$1,200.00], anatomical laboratory of the estimated value of three hundred dollars [$300], pathology, bacteriology and histological laboratory of the estimated value of four thousand, seven hundred and three dollars [$4,703], and physical laboratory, equipment and supplies of the estimated value of three hundred and fifty dollars [$350], all said property of the aggregate value, estimated, of sixty-five thousand, seven hundred and fifty-three dollars [$65,753], in which buildings and with which property a medical college is being conducted under authority of the University of Arkansas, but at the expense of the corporation aforesaid; and

“Whereas, said corporation is willing to convey all said property to the State of Arkansas for the use of the University of Arkansas, in consideration of the State maintaining and conducting a medical college as part of the University of Arkansas… .”

Effective Dates. Acts 1911, No. 360, § 6: approved May 30, 1911. Emergency declared.

Acts 1967, No. 331, § 5: Mar. 14, 1967. Emergency clause provided: “It is hereby found and determined that the General Assembly has, by a vote of two-thirds (2/3) of the members elected to both houses, voted to extend the regular session of 66th General Assembly, as authorized in the Constitution; that under the provisions of Amendment 7 to the Constitution, enactments of the General Assembly that do not have an emergency clause do not become effective until ninety (90) days after the date of final adjournment of the General Assembly; that the session of the General Assembly may not adjourn in time for this Act to take effect prior to July 1, 1967, thereby depriving the agency for which funds are appropriated herein of necessary operating funds to commence the next fiscal biennium; and, in order that the appropriation made herein may be available on July 1, 1967, the General Assembly determines that the immediate passage of this Act is necessary. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval, provided, that the appropriation authorized herein shall not be available until July 1, 1967.”

Acts 1972 (1st Ex. Sess.), No. 43, § 8: Feb. 18, 1972. Emergency clause provided: “It has been found and determined by the Sixty-Eighth General Assembly, meeting in Extraordinary Session that Act 812 of 1971 did not provide sufficient appropriation to properly fund the Family Practice Program of the State Medical Center and that additional appropriation and funds for this program must be provided immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1973, No. 453, § 2: became law without Governor's signature, Mar. 26, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is a great need in the State of Arkansas for physicians interested in practicing family medicine or engaging in the general practice of medicine; that although there are many students at the University of Arkansas Medical Center who are interested in the general practice of medicine or practice of family medicine, the present policies and curriculum of the Medical Center are not designed to encourage and prepare graduates to enter into the general practice of medicine; that this Act is designed to provide for a thorough review and study of the policies and curriculum at the University of Arkansas Medical Center to correct this undesirable situation, and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 639, § 3: July 1, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that funding for a Chair on Alcoholism and Drug Abuse Prevention at the University of Arkansas for Medical Sciences is necessary for the support of such Chair; that alcoholism and drug abuse are a major public health problem in this State and that the funding of said Chair on Alcoholism and Drug Abuse Prevention is critical to the health and safety of the people of this State, and that the immediate passage of this Act is necessary to provide funding required for such Chair. Therefore, an emergency is hereby declared to exist and this Act, being immediately necessary for the preservation of the public health and safety, shall be in full force and effect from and after July 1, 1987.”

Acts 1995, No. 1099, § 33: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2005, No. 2268, § 12: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2005 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2005 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2005.”

Acts 2011, No. 1078, § 47: July 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2011 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2011 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2011.”

Acts 2019, No. 986, § 52: July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2019 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2019 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2019”.

6-64-401. Maintenance as part of university.

The College of Medicine of the University of Arkansas shall be maintained at the cost of the State of Arkansas, shall be a department for the instruction of students in medical science, and shall be a part of the University of Arkansas but may be located in the City of Little Rock.

History. Acts 1911, No. 360, § 1; C. & M. Dig., § 9581; Pope's Dig., § 13247; A.S.A. 1947, § 80-2901.

Publisher's Notes. Acts 1911, No. 360, § 1, in part, changed the name of the medical college being operated in Little Rock under the authority of the University of Arkansas but maintained by and conducted in buildings owned by the Arkansas Industrial University Medical Department to the Medical Department of the University of Arkansas.

Acts 1911, No. 360, § 5, provided that the act would take effect upon the irrevocable transfer of all real and personal property of the Arkansas Industrial University Medical Department to the State of Arkansas for the use and benefit of the University of Arkansas for the purpose of maintaining and operating a first class medical college as a part of that university. The section further provided that the State of Arkansas would take property held by the Arkansas Industrial University Medical Department pursuant to a bequest, devise, gift, or conveyance subject to any conditions binding upon the Arkansas Industrial University Medical Department.

Case Notes

Immunity from Suit.

Medical malpractice claim against the University of Arkansas for Medical Sciences (UAMS) was dismissed, pursuant to an interlocutory appeal, because, as a department of the University of Arkansas, the UAMS was not an entity that could be sued; the doctrine of sovereign immunity barred a claim against the University of Arkansas and its Board of Trustees because a finding for the patient against the UAMS would necessarily subject the State of Arkansas to financial liability, and sovereign immunity barred such an action unless it had been waived. Univ. of Ark. for Med. Sciences v. Adams, 354 Ark. 21, 117 S.W.3d 588 (2003).

Cited: Lindsay v. White, 212 Ark. 541, 206 S.W.2d 762 (1947).

6-64-402. Control and management.

  1. The College of Medicine of the University of Arkansas shall be under the management and control of the Board of Trustees of the University of Arkansas as fully and with like effect as the other departments of the University of Arkansas.
    1. The Board of Trustees of the University of Arkansas shall employ all necessary supervisors, professors, teachers, agents, and servants required to carry on the college and shall cause the college to be operated in a first-class manner and with courses of study, methods of instruction, and equipment of a standard equal to that required of medical colleges by the Association of American Medical Colleges.
    2. The board shall from time to time as the finances will allow and the advancement and necessity of the department require, add courses, fill professorships, and add buildings, furniture, libraries, apparatus, and other things so as to keep the college up to the standard required of medical colleges by the Association of American Medical Colleges.

History. Acts 1911, No. 360, § 2; C. & M. Dig., § 9582; Pope's Dig., § 13248; A.S.A. 1947, § 80-2902.

Case Notes

Immunity from Suit.

Medical malpractice claim against the University of Arkansas for Medical Sciences (UAMS) was dismissed, pursuant to an interlocutory appeal, because, as a department of the University of Arkansas, the UAMS was not an entity that could be sued; the doctrine of sovereign immunity barred a claim against the University of Arkansas and its Board of Trustees because a finding for the patient against the UAMS would necessarily subject the State of Arkansas to financial liability, and sovereign immunity barred such an action unless it had been waived. Univ. of Ark. for Med. Sciences v. Adams, 354 Ark. 21, 117 S.W.3d 588 (2003).

6-64-403. Costs of maintenance.

  1. The expenses and costs of maintenance and operation of the College of Medicine of the University of Arkansas shall be borne by the State of Arkansas.
  2. The General Assembly shall provide for the expenses and costs of maintenance by appropriations made in like manner as appropriations are made for the maintenance and operation of the University of Arkansas.

History. Acts 1911, No. 360, § 4; C. & M. Dig., § 9584; Pope's Dig., § 13250; A.S.A. 1947, § 80-2904.

Case Notes

Immunity from Suit.

Medical malpractice claim against the University of Arkansas for Medical Sciences (UAMS) was dismissed, pursuant to an interlocutory appeal, because, as a department of the University of Arkansas, the UAMS was not an entity that could be sued; the doctrine of sovereign immunity barred a claim against the University of Arkansas and its Board of Trustees because a finding for the patient against the UAMS would necessarily subject the State of Arkansas to financial liability, and sovereign immunity barred such an action unless it had been waived. Univ. of Ark. for Med. Sciences v. Adams, 354 Ark. 21, 117 S.W.3d 588 (2003).

6-64-404. Policies and practices of medical center.

The Board of Trustees of the University of Arkansas, the President of the University of Arkansas, and the Chancellor for Health Sciences of the University of Arkansas shall develop and follow appropriate policies and practices at the University of Arkansas for Medical Sciences Medical Center which will:

  1. Provide for specific limitations on the duration of appointments of academic department and division heads, chairs, deans, associate deans, program directors, and similar academic and administrative positions, with each appointment to such positions to be made for a period of four (4) years, renewable only after thorough assessment of individual performance and attitude of the appointee in relation to the institutional goals of the University of Arkansas for Medical Sciences Medical Center and the statewide health labor force needs of the State of Arkansas; and
  2. Establish and maintain a medical school curriculum that, beginning with the freshman year, will provide appropriate courses specifically designed to encourage and support the educational goals of those students interested in an appropriate education for and establishment of a family medicine practice or general practice of medicine.

History. Acts 1973, No. 453, § 1; A.S.A. 1947, § 80-2927.

6-64-405. University of Arkansas College of Medicine Admissions Board.

  1. There is established the University of Arkansas College of Medicine Admissions Board.
    1. The University of Arkansas College of Medicine Admissions Board shall be composed of fifteen (15) members to be appointed by the Board of Trustees of the University of Arkansas and shall be selected from a list submitted by the Dean of the University of Arkansas College of Medicine subject to the approval of the Chancellor for Health Sciences and the President of the University of Arkansas system.
    2. Six (6) of the members shall be members of the faculty of the University of Arkansas College of Medicine.
    3. Eight (8) of the members, at least four (4) of whom shall have faculty appointments in the University of Arkansas College of Medicine, shall be appointed from each of the four (4) congressional districts and shall be apportioned on the basis of two (2) members from each congressional district.
    4. One (1) member shall be appointed from the state at large.
  2. All members of the University of Arkansas College of Medicine Admissions Board shall serve one-year terms and may be reappointed for not more than three (3) additional consecutive terms.
  3. The University of Arkansas College of Medicine Admissions Board shall promulgate reasonable rules necessary to the fair and competitive selection of freshmen medical students with due consideration being given scholastic standings, recommendations of the premedical advisory committees of the various schools where the applicants pursue their premedical studies, their performance on the Medical College Admission Test, and any other procedures that can be developed that would deal fairly with the applicant group as a whole.
  4. The University of Arkansas College of Medicine Admissions Board shall serve without compensation except that each University of Arkansas College of Medicine Admissions Board member may receive expense reimbursement in accordance with § 25-16-901 et seq.

History. Acts 1975, No. 310, §§ 1-3; A.S.A. 1947, §§ 80-2928 — 80-2930; Acts 1997, No. 250, § 30; 2013, No. 515, § 1; 2019, No. 315, § 383.

A.C.R.C. Notes. Acts 2003, No. 828, § 1 provided:

“Findings.

“(1)(A) The University of Arkansas College of Medicine includes nonfaculty members on the fifteen (15) member admissions committee.

“(B) The Liaison Committee for Medical Education, the accrediting body for allopathic medical schools in the United States, mandates that the admissions committee that selects applicants for admission shall be faculty members.

“(C) However, state law mandates that the fifteen (15) member College of Medicine Admissions Committee consist of both faculty and nonfaculty members, two (2) from each of the four (4) congressional districts, and one (1) member at large.

“(D) The intent of the General Assembly mandate is to provide greater committee representation from the entire state, in particular the underserved areas of Arkansas.

“(E) Each time the University of Arkansas College of Medicine is reviewed for accreditation by the Liaison Committee for Medical Education, the college is required to explain the reasons for the inclusion of nonfaculty members on the admissions committee.

“(F) The College of Medicine Admissions Committee is the only medical school admissions committee in the United States that includes nonfaculty members.

“(2)(A) Arkansas law mandates that seventy percent (70%) of the one hundred fifty (150) positions in the Freshman class each year be equally distributed among the four (4) congressional districts.

“(B) The seventy percent (70%) requirement increases the geographical distribution and number of applicants from underserved areas of the state who are accepted for admission.

“(C) The University of Arkansas College of Medicine is the only medical school in the United States that incorporates the seventy percent (70%) rule in the admissions process.

“(3)(A) Many state medical schools have programs similar to the Arkansas program whose purpose is to increase the number of physicians practicing in rural communities in the state.

“(B) Arkansas has had a program since 1949, the Arkansas Rural Medical Practice Student Loan and Scholarship Program, that provides financial incentives to medical students who contract to practice medicine in rural communities in the state.

“(C) Medical students are given substantial amounts of loans during medical school with the contractual agreement that the loans will be converted to grants or forgiven, if they complete residency training and practice medicine in an underserved rural community in the state.

“(D) However, Act 114 of 1995 created a new program, the Community Math Student Loan and Scholarship Program, which significantly modified the existing Arkansas Rural Medical Practice Student Loan and Scholarship Program.

“(E) Act 1257 of 1995 strengthened the penalties for students who default on their contractual obligation to practice medicine in the state.

“(F) However, the unique feature of Act 1114 of 1995, a specific provision that no other medical school in the United States has, is that if an alternate on the waiting list contracts with a rural community to practice primary care in that rural community, and the application is approved by the Arkansas Rural Medical Practice Student Loan and Scholarship Board that administers the program, the alternate is advanced to the top of the waiting list and this greatly enhances the applicant's chances of being admitted to medical school.

“(G) This unique feature also applies to alternates who wish to apply for the Arkansas Rural Practice Program.

“(H) Alternates who contract to practice medicine in a rural underserved community in the state, if approved by the board, are advanced on the waiting list, just below the Community Match Alternates who are approved and advanced.

“(I) Since the program's inception in 1995, the University of Arkansas College of Medicine has had approximately one hundred twenty-five (125) physicians-in-training contract to return to underserved areas of the state to practice full time primary care medicine.

“(J) Applicants from underserved areas are typically given greater considerations for participation and approval for the rural loan and scholarship programs.”

Amendments. The 2013 amendment rewrote (b)(3).

The 2019 amendment deleted “and regulations” following “rules” in (d).

6-64-406. Admissions generally.

    1. The Board of Trustees of the University of Arkansas shall provide for the admission annually of not less than one hundred fifty (150) freshman students to the University of Arkansas College of Medicine. However, the board may provide for a reduction in this number to any figure not less than ninety (90) during any school year if the admission of freshman students in excess of ninety (90) would endanger the accredited rating of the University of Arkansas College of Medicine as determined by the standards of the Association of American Medical Colleges.
    2. Whenever the board has developed the necessary policies and procedures to enable the Admissions Committee of the University of Arkansas College of Medicine to comply with this subsection, the policies and procedures shall be published in the bulletin issued annually by the University of Arkansas College of Medicine.
      1. The board shall allocate the first seventy percent (70%) of the first one hundred fifty (150) enrollment positions for the freshman medical class among Arkansas congressional districts, using the population of each congressional district as determined by the last federal decennial census to determine that district's proportion of the freshman positions so allocated and shall assign those apportioned enrollment positions for each district to those applicants who are legal residents in that particular congressional district.
      2. The board shall give additional consideration to rural applicants from medically underserved areas in an effort to address health disparities.
      1. The next fifteen percent (15%) of the first one hundred fifty (150) freshman enrollment positions shall be allocated to the state at large and assigned to applicants who are legal residents of any place within Arkansas.
      2. However, in allocating the fifteen percent (15%) to the state at large, the board may allocate not to exceed one-third (1/3) of the fifteen percent (15%) of the first one hundred fifty (150) freshman enrollment positions to applicants who do not actually reside in the state but who were born and reared and attended public schools in Arkansas and who in addition thereto shall meet two (2) or more of the following criteria:
        1. Applicant is a registered voter in Arkansas;
        2. Applicant holds a current valid Arkansas driver's license;
        3. Applicant or parents of applicant are Arkansas taxpayers;
        4. Parent of applicant resides in or is employed in Arkansas; and
        5. Applicant meets other related criteria as may be prescribed by the board.
    1. The remaining fifteen percent (15%) of the first one hundred fifty (150) freshman enrollment positions may be assigned either to legal residents or to nonresidents, however, any qualified legal resident shall have a preference in securing an assignment to a position when compared to a nonresident, and the total number of nonresidents assigned positions shall not exceed fifteen percent (15%) of the first one hundred fifty (150) freshman enrollment positions assigned for any school year.
    2. The board may provide for an alteration in the percentages set forth in this subsection only if the adherence to these percentages would endanger the accredited rating of the University of Arkansas College of Medicine as determined by the Standards of the Association of American Medical Colleges.
    1. The board may provide for additional freshman enrollment positions if the University of Arkansas College of Medicine determines it is necessary to address a projected shortage of practicing physicians in the state.
    2. The additional freshman enrollment positions shall be granted to the best qualified applicants as determined by the Admissions Committee of the University of Arkansas College of Medicine without regard to residency status.
  1. The selection of freshman medical students shall be accomplished competitively without any favoritism or discrimination on the basis of sex or race, and with due consideration being given scholastic standings, recommendations of the premedical advisory committees of the various schools where the applicants pursue their premedical studies, their performance on the Medical College Admission Test, and any other procedures that can be developed that would deal fairly with the applicant group as a whole.
    1. The board shall promulgate rules and provide resources to allow the area health education centers to offer programs to prepare identified medical school candidates from medically underserved areas of the state for the Medical College Admission Test.
    2. Preparation for the Medical College Admission Test shall include, but not be limited to:
      1. Recruitment and guidance of individuals interested in health care professions;
      2. Early targeting of potential candidates, including junior high school, high school, two-year college, and four-year college undergraduate students;
      3. Use of community colleges and four-year colleges and universities throughout the state to offer MedPrep and other targeted studies with the aid of video and distance learning tools; and
      4. Ensurance that everyone interested in a medical profession receives an equal opportunity for success.

History. Acts 1967, No. 59, §§ 1-3; 1977, No. 231, § 1; 1981, No. 681, § 1; A.S.A. 1947, §§ 80-2906, 80-2906.1, 80-2907; Acts 2003, No. 828, § 2; 2007, No. 836, § 1.

A.C.R.C. Notes. Acts 2003, No. 828, § 1 provided:

“Findings.

“(1)(A) The University of Arkansas College of Medicine includes nonfaculty members on the fifteen (15) member admissions committee.

“(B) The Liaison Committee for Medical Education, the accrediting body for allopathic medical schools in the United States, mandates that the admissions committee that selects applicants for admission shall be faculty members.

“(C) However, state law mandates that the fifteen (15) member College of Medicine Admissions Committee consist of both faculty and nonfaculty members, two (2) from each of the four (4) congressional districts, and one (1) member at large.

“(D) The intent of the General Assembly mandate is to provide greater committee representation from the entire state, in particular the underserved areas of Arkansas.

“(E) Each time the University of Arkansas College of Medicine is reviewed for accreditation by the Liaison Committee for Medical Education, the college is required to explain the reasons for the inclusion of nonfaculty members on the admissions committee.

“(F) The College of Medicine Admissions Committee is the only medical school admissions committee in the United States that includes nonfaculty members.

“(2)(A) Arkansas law mandates that seventy percent (70%) of the one hundred fifty (150) positions in the Freshman class each year be equally distributed among the four (4) congressional districts.

“(B) The seventy percent (70%) requirement increases the geographical distribution and number of applicants from underserved areas of the state who are accepted for admission.

“(C) The University of Arkansas College of Medicine is the only medical school in the United States that incorporates the seventy percent (70%) rule in the admissions process.

“(3)(A) Many state medical schools have programs similar to the Arkansas program whose purpose is to increase the number of physicians practicing in rural communities in the state.

“(B) Arkansas has had a program since 1949, the Arkansas Rural Medical Practice Student Loan and Scholarship Program, that provides financial incentives to medical students who contract to practice medicine in rural communities in the state.

“(C) Medical students are given substantial amounts of loans during medical school with the contractual agreement that the loans will be converted to grants or forgiven, if they complete residency training and practice medicine in an underserved rural community in the state.

“(D) However, Act 114 of 1995 created a new program, the Community Math Student Loan and Scholarship Program, which significantly modified the existing Arkansas Rural Medical Practice Student Loan and Scholarship Program.

“(E) Act 1257 of 1995 strengthened the penalties for students who default on their contractual obligation to practice medicine in the state.

“(F) However, the unique feature of Act 1114 of 1995, a specific provision that no other medical school in the United States has, is that if an alternate on the waiting list contracts with a rural community to practice primary care in that rural community, and the application is approved by the Arkansas Rural Medical Practice Student Loan and Scholarship Board that administers the program, the alternate is advanced to the top of the waiting list and this greatly enhances the applicant's chances of being admitted to medical school.

“(G) This unique feature also applies to alternates who wish to apply for the Arkansas Rural Practice Program.

“(H) Alternates who contract to practice medicine in a rural underserved community in the state, if approved by the board, are advanced on the waiting list, just below the Community Match Alternates who are approved and advanced.

“(I) Since the program's inception in 1995, the University of Arkansas College of Medicine has had approximately one hundred twenty-five (125) physicians-in-training contract to return to underserved areas of the state to practice full time primary care medicine.

“(J) Applicants from underserved areas are typically given greater considerations for participation and approval for the rural loan and scholarship programs.”

6-64-407. Admissions — Transfer students.

In considering and approving applicants for transfer to the University of Arkansas College of Medicine from other medical schools, the Board of Trustees of the University of Arkansas may give special consideration to those applicants for transfer who were born and reared and attended public school in Arkansas and who meet two (2) or more of the following criteria:

  1. Applicant is a registered voter in Arkansas;
  2. Applicant holds a current valid Arkansas license;
  3. Applicant or parents of applicant are Arkansas taxpayers;
  4. Parent of applicant resides in or is employed in Arkansas; or
  5. Applicant meets other related criteria as may be prescribed by the board.

History. Acts 1981, No. 681, § 2; A.S.A. 1947, § 80-2906.2.

6-64-408. Fees and scholarships.

  1. The Board of Trustees of the University of Arkansas shall fix a scale of matriculation and tuition fees, in reasonable sums, and shall prescribe terms and conditions for the payment of fees.
  2. The students attending the College of Medicine of the University of Arkansas shall pay the fees, except that the board may provide honorary free scholarships in furtherance of the best interests of the college.
  3. The fees shall be collected under the direction of the board, which shall prescribe the method of collecting the fees, and when collected they shall be paid over to the financial officer of the University of Arkansas and kept as a fund for the college and shall be paid out by the orders of the board only for the use and benefit of the college.

History. Acts 1911, No. 360, § 3; C. & M. Dig., § 9583; Pope's Dig., § 13249; A.S.A. 1947, § 80-2903.

6-64-409. Family Practice Department.

  1. It is the intent of the General Assembly that the program in family practice at the University of Arkansas College of Medicine have full departmental status and that a member of the medical faculty of this department be a voting member of the Admissions Committee for the University of Arkansas College of Medicine.
  2. It is the recommendation of the General Assembly that the faculty members of the Department of Family and Preventive Medicine of the University of Arkansas College of Medicine provide counseling services to any student at the institution at the request of the individual student.
  3. The Dean of the University of Arkansas College of Medicine shall submit a report, through the offices of the Chancellor for Health Sciences and the President of the University of Arkansas, to the Governor and to the cochairs of the Legislative Council no later than September 1 of each year and covering the period of the preceding fiscal year, in which information shall be furnished as to the number of interns and residents in the various medical school programs, the number who completed the family practice program, the places where those who completed the various programs are practicing, including those in the military services, and any problems encountered in the education of students, interns, or residents in the family practice program which should be considered by the General Assembly, the Governor, or the Legislative Council.

History. Acts 1972 (1st Ex. Sess.), No. 43, §§ 3-5.

6-64-410. School of Pharmacy.

  1. The Board of Trustees of the University of Arkansas is authorized to establish an accredited School of Pharmacy at the University of Arkansas or the College of Medicine of the University of Arkansas.
  2. The board is further authorized and empowered to receive any grant, aid, gift, donation, or endowment for the use of the school and to do all things necessary for the establishment of an accredited school of pharmacy.

History. Acts 1951, No. 323, § 1; A.S.A. 1947, § 80-2858.

6-64-411. School of Dental Hygiene.

  1. There is established at the State Medical Center, under the direction of the Board of Trustees of the University of Arkansas, a University of Arkansas School of Dental Hygiene, which shall offer a program of clinical instruction leading to a degree or certificate in dental hygiene.
  2. The board shall establish rules governing admissions to the University of Arkansas School of Dental Hygiene, programs of instruction therein, and the qualifications and requirements for a degree or certificate. However, rules for admissions, courses or programs of clinical instruction, and degrees or certificates for graduation therefrom shall be in accordance with the standards established by the recognized national accreditation association of dental hygiene schools or programs.
  3. Any degree or certificate granted by the University of Arkansas School of Dental Hygiene shall also be in conformance with the standards for licensing as a dental hygienist under the applicable licensing laws of this state.

History. Acts 1967, No. 331, § 1; A.S.A. 1947, § 80-2878; Acts 2019, No. 315, § 384.

Amendments. The 2019 amendment deleted “and regulations” following “rules” twice in (b).

6-64-412. Chair on Alcoholism and Drug Abuse Prevention.

The University of Arkansas for Medical Sciences shall establish a Chair on Alcoholism and Drug Abuse Prevention.

History. Acts 1987, No. 639, § 1.

A.C.R.C. Notes. Former § 6-64-412, concerning chair on alcoholism and drug abuse prevention, is deemed to be superseded by this section. The former section was derived from Acts 1985, No. 1000, § 1; A.S.A. 1947, § 48-1409.1.

Acts 1987, No. 639, § 1, provided, in part, that, to assist in funding the chair, there shall be charged and collected a tax on all alcoholic beverages, as defined in § 3-9-201 et seq., sold for on-premises consumption; the tax shall be in an amount equal to three percent of the gross receipts derived from the sale of the alcoholic beverages; the tax receipts shall be deposited as special revenues into the State Treasury and credited to the University of Arkansas Medical Center Fund to be used exclusively to help defray the cost of a Chair on Alcoholism and Drug Abuse Prevention; the tax levied shall be in effect only from July 1, 1987, through January 1, 1988, inclusive; this act gives no additional taxing authority to any municipality; and the owner of any establishment who wilfully continues to collect the tax after January 1, 1988, shall be subject to a fine of $1,000.

6-64-413. Special allowances.

    1. The Board of Trustees of the University of Arkansas is hereby authorized to make available to the President of the University of Arkansas special allowances in such amounts as the board may determine to be justified at the University of Arkansas for Medical Sciences, for the use of the chancellor and his or her deans, representatives, department heads, and directors at the University of Arkansas for Medical Sciences in recruitment of faculty and staff members.
    2. Upon approval by the president and the board, such funds shall be administered by the Chancellor of the University of Arkansas for Medical Sciences, who shall assure that the total amount expended for such purposes does not exceed one hundred fifty thousand dollars ($150,000) each fiscal year, or so much thereof as may be authorized by the board.
    3. The funds authorized by this subsection shall come from a source other than state tax dollars appropriated by the General Assembly or charges made to students for tuition, fees, room and board, or other purposes.
    4. Each year, the chancellor shall furnish to the president, the board, and the Legislative Joint Auditing Committee a report showing for each expenditure the date, the amount, the names of persons to whom the expenditure was made, and the purpose for which the expenditure was made.
    1. The board may make special allowances available in such amounts as the board may determine or justify as equitable in view of the exacting duties which are involved as a part of the salaries of the physicians, dentists, and other professional faculty employed by the University of Arkansas for Medical Sciences from receipts of professional income in the care of patients and funds received from federal agencies, foundations, and other private sponsors in support of research.
    2. Provided, any such allowance shall not exceed for any employee an amount equal to two (2) times that portion of the salary authorized by the General Assembly to be paid from the University of Arkansas Medical Center Fund.

History. Acts 1995, No. 1099, §§ 13, 14.

A.C.R.C. Notes. Acts 2013, No. 1403, § 27, provided: “SPECIAL ALLOWANCES — PATIENT CARE & RESEARCH FACULTY.

The Board of Trustees may make special allowances available, in such amounts as the Board may determine or justify equitable in view of the exacting duties which are involved, as a part of the salaries of the physicians, dentists, and other professional faculty employed by the University of Arkansas for Medical Sciences from receipts of professional income in the care of patients and/or funds received from federal agencies, foundations, and other private sponsors in support of research. Provided that any such allowance shall not exceed, for any employee, an amount equal to two and one half (2 & ½) times that portion of the salary authorized by the General Assembly to be paid from the University of Arkansas Medical Center Fund.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2013, No. 1403, § 28, provided: “SPECIAL ALLOWANCES — RECRUITMENT.

The Board of Trustees of the University of Arkansas is hereby authorized to make available to the President of the University of Arkansas special allowances in such amounts as the Board may determine to be justified at the University of Arkansas for Medical Sciences, for the use of the Chancellor and his deans, representatives, department heads, and directors at the University of Arkansas for Medical Sciences in recruitment of faculty and staff members. Upon approval by the President and the Board of Trustees, such funds shall be administered by the Chancellor, who shall assure that the total amount expended for such purposes does not exceed one hundred fifty thousand dollars ($150,000) each fiscal year or so much thereof as may be authorized by the Board of Trustees. The funds authorized by this Section shall come from a source other than state tax dollars appropriated by the General Assembly or charges made to students for tuition, fees, room and board, or other purposes. Each year the Chancellor shall furnish to the President of the University of Arkansas, the Board of Trustees, and the Arkansas Legislative Joint Auditing Committee a report showing for each expenditure the date, the amount, the names of persons to whom the expenditure was made, and the purpose for which the expenditure was made.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 294, § 28, provided:

“SPECIAL ALLOWANCES — PATIENT CARE & RESEARCH FACULTY. The Board of Trustees may make special allowances available, in such amounts as the Board may determine or justify equitable in view of the exacting duties which are involved, as a part of the salaries of the physicians, dentists, and other professional faculty employed by the University of Arkansas for Medical Sciences from receipts of professional income in the care of patients and/or funds received from federal agencies, foundations, and other private sponsors in support of research. Provided that any such allowance shall not exceed, for any employee, an amount equal to two and one half (2 & ½) times that portion of the salary authorized by the General Assembly to be paid from the University of Arkansas Medical Center Fund.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2014, No. 294, § 29, provided:

“SPECIAL ALLOWANCES — RECRUITMENT. The Board of Trustees of the University of Arkansas is hereby authorized to make available to the President of the University of Arkansas special allowances in such amounts as the Board may determine to be justified at the University of Arkansas for Medical Sciences, for the use of the Chancellor and his deans, representatives, department heads, and directors at the University of Arkansas for Medical Sciences in recruitment of faculty and staff members. Upon approval by the President and the Board of Trustees, such funds shall be administered by the Chancellor, who shall assure that the total amount expended for such purposes does not exceed one hundred fifty thousand dollars ($150,000) each fiscal year or so much thereof as may be authorized by the Board of Trustees. The funds authorized by this Section shall come from a source other than state tax dollars appropriated by the General Assembly or charges made to students for tuition, fees, room and board, or other purposes. Each year the Chancellor shall furnish to the President of the University of Arkansas, the Board of Trustees, and the Arkansas Legislative Joint Auditing Committee a report showing for each expenditure the date, the amount, the names of persons to whom the expenditure was made, and the purpose for which the expenditure was made.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 361, § 28, provided:

“SPECIAL ALLOWANCES — PATIENT CARE & RESEARCH FACULTY. The Board of Trustees may make special allowances available, in such amounts as the Board may determine or justify equitable in view of the exacting duties which are involved, as a part of the salaries of the physicians, dentists, and other professional faculty employed by the University of Arkansas for Medical Sciences from receipts of professional income in the care of patients and/or funds received from federal agencies, foundations, and other private sponsors in support of research. Provided that any such allowance shall not exceed, for any employee, an amount equal to two and one half (2 & 1/2) times that portion of the salary authorized by the General Assembly to be paid from the University of Arkansas Medical Center Fund.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2015, No. 361, § 29, provided:

“SPECIAL ALLOWANCES — RECRUITMENT. The Board of Trustees of the University of Arkansas is hereby authorized to make available to the President of the University of Arkansas special allowances in such amounts as the Board may determine to be justified at the University of Arkansas for Medical Sciences, for the use of the Chancellor and his deans, representatives, department heads, and directors at the University of Arkansas for Medical Sciences in recruitment of faculty and staff members. Upon approval by the President and the Board of Trustees, such funds shall be administered by the Chancellor, who shall assure that the total amount expended for such purposes does not exceed one hundred fifty thousand dollars ($150,000) each fiscal year or so much thereof as may be authorized by the Board of Trustees. The funds authorized by this Section shall come from a source other than state tax dollars appropriated by the General Assembly or charges made to students for tuition, fees, room and board, or other purposes. Each year the Chancellor shall furnish to the President of the University of Arkansas, the Board of Trustees, and the Arkansas Legislative Joint Auditing Committee a report showing for each expenditure the date, the amount, the names of persons to whom the expenditure was made, and the purpose for which the expenditure was made.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 231, § 28, provided: “SPECIAL ALLOWANCES — PATIENT CARE & RESEARCH FACULTY. The Board of Trustees may make special allowances available, in such amounts as the Board may determine or justify equitable in view of the exacting duties which are involved, as a part of the salaries of the physicians, dentists, and other professional faculty employed by the University of Arkansas for Medical Sciences from receipts of professional income in the care of patients and/or funds received from federal agencies, foundations, and other private sponsors in support of research. Provided that any such allowance shall not exceed, for any employee, an amount equal to two and one half (2 & ½) times that portion of the salary authorized by the General Assembly to be paid from the University of Arkansas Medical Center Fund.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2016, No. 231, § 29, provided: “SPECIAL ALLOWANCES — RECRUITMENT. The Board of Trustees of the University of Arkansas is hereby authorized to make available to the President of the University of Arkansas special allowances in such amounts as the Board may determine to be justified at the University of Arkansas for Medical Sciences, for the use of the Chancellor and his deans, representatives, department heads, and directors at the University of Arkansas for Medical Sciences in recruitment of faculty and staff members. Upon approval by the President and the Board of Trustees, such funds shall be administered by the Chancellor, who shall assure that the total amount expended for such purposes does not exceed one hundred fifty thousand dollars ($150,000) each fiscal year or so much thereof as may be authorized by the Board of Trustees. The funds authorized by this Section shall come from a source other than state tax dollars appropriated by the General Assembly or charges made to students for tuition, fees, room and board, or other purposes. Each year the Chancellor shall furnish to the President of the University of Arkansas, the Board of Trustees, and the Arkansas Legislative Joint Auditing Committee a report showing for each expenditure the date, the amount, the names of persons to whom the expenditure was made, and the purpose for which the expenditure was made.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

6-64-414. Area health education centers.

  1. The Chancellor of the University of Arkansas for Medical Sciences shall make annual progress reports of area health education center programs to the Governor, the Legislative Council, and other interested interim committees of the General Assembly regarding the achievements and the expansion of the programs and the amounts expended for the area health education centers.
  2. The reports described in subsection (a) of this section shall also include the practice locations of the students participating in the area health education center programs.

History. Acts 1995, No. 1099, § 15; 2019, No. 986, § 33.

A.C.R.C. Notes. Acts 2013, No. 1403, § 29, provided: “AREA HEALTH EDUCATION CENTERS — REPORTS.

The Chancellor at the University of Arkansas for Medical Sciences shall make annual progress reports of AHEC programs to the Governor, the Legislative Council, and other interested interim committees of the General Assembly regarding the achievements, the expansion of the aforementioned programs, and amounts expended for the Area Health Education Centers. The reports shall also include the practice locations of the students participating in the programs.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 294, § 30, provided:

“AREA HEALTH EDUCATION CENTERS — REPORTS. The Chancellor at the University of Arkansas for Medical Sciences shall make annual progress reports of AHEC programs to the Governor, the Legislative Council, and other interested interim committees of the General Assembly regarding the achievements, the expansion of the aforementioned programs, and amounts expended for the Area Health Education Centers. The reports shall also include the practice locations of the students participating in the programs.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 361, § 30, provided:

“AREA HEALTH EDUCATION CENTERS — REPORTS. The Chancellor at the University of Arkansas for Medical Sciences shall make annual progress reports of AHEC programs to the Governor, the Legislative Council, and other interested interim committees of the General Assembly regarding the achievements, the expansion of the aforementioned programs, and amounts expended for the Area Health Education Centers. The reports shall also include the practice locations of the students participating in the programs.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 231, § 30, provided: “AREA HEALTH EDUCATION CENTERS — REPORTS. The Chancellor at the University of Arkansas for Medical Sciences shall make annual progress reports of AHEC programs to the Governor, the Legislative Council, and other interested interim committees of the General Assembly regarding the achievements, the expansion of the aforementioned programs, and amounts expended for the Area Health Education Centers. The reports shall also include the practice locations of the students participating in the programs.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Amendments. The 2019 amendment designated the existing provisions as (a); in (a), substituted “annual for “periodic” and deleted “aforementioned” preceding the second occurrence of “programs”; and added (b).

6-64-415. Applicability of §§ 6-61-105 and 6-61-106.

The provisions of §§ 6-61-105 and 6-61-106 shall not apply to students selected to be admitted to the University of Arkansas College of Medicine or the University of Arkansas School of Pharmacy.

History. Acts 1995, No. 1099, § 26.

6-64-416. Establishment and administration.

  1. The University of Arkansas for Medical Sciences is authorized to create the North Central Area Health Education Center to serve the following counties: Baxter, Cleburne, Fulton, Marion, Independence, Izard, Stone, Searcy, Sharp, and Van Buren.
    1. The center shall be administered in the same manner as other facilities in the University of Arkansas for Medical Sciences Area Health Education Center Program, including:
      1. Training students in the fields of medicine, nursing, pharmacy, and various allied health professions with an emphasis on primary care, general health education, and basic medical care for the whole family; and
      2. Providing medical residents specializing in family practice.
    2. Programs shall be conducted to the extent that funds are available.
  2. A director of the North Central Area Health Education Center shall be appointed in the same manner as and shall have the same powers as other center directors in the program.
  3. The program shall have offices in Mountain Home, Batesville, and Mountain View.

History. Acts 2003, No. 197, § 1.

6-64-417. College of Nursing and School of Pharmacy program improvements.

  1. Funds received from the State Board of Collection Agencies under § 17-24-305 by the University of Arkansas for Medical Sciences and any interest earnings on the funds by the university shall be used exclusively as follows:
    1. Two-thirds (2/3) of the funds shall be used within the College of Nursing for:
      1. Scholarships and stipends for nursing students who are candidates for bachelor's or master's degrees or degrees beyond a master's degree; and
      2. Salary improvements for purposes of retaining and attracting nursing school faculty; and
    2. One-third (1/3) of the funds shall be used within the School of Pharmacy for:
      1. Scholarships and stipends for pharmacy students;
      2. Facility improvements required to expand the enrollment of pharmacy students; and
      3. Salary improvements for purposes of retaining and attracting pharmacy school faculty.
    1. The Dean of the College of Nursing shall allocate the funds made available to the College of Nursing under this section.
    2. The Graduate Nurse Educator Loan and Scholarship Board shall make recommendations to the dean regarding the recipients of annual awards, stipends, and scholarships.
    3. A recipient of a scholarship or stipend under this subsection must be a resident of the State of Arkansas.
    1. The Dean of the School of Pharmacy shall allocate the funds made available to the School of Pharmacy under this section.
    2. Using financial aid and academic performance data, the College of Pharmacy Awards and Financial Aid Committee will make recommendations to the faculty regarding the recipients of annual awards, stipends, and scholarships.
    3. A recipient of a stipend or scholarship under this subsection:
      1. Must be a resident of the State of Arkansas;
      2. Is not required to repay a stipend or scholarship; and
      3. Is not required to enter into any agreement with the university or School of Pharmacy requiring the recipient to practice pharmacy in any area of Arkansas after graduation in exchange for a stipend or scholarship.
  2. The university shall report annually the utilization of the funds received by the College of Nursing under this section to the Legislative Council and the Arkansas Legislative Commission on Nursing.
  3. Scholarships and other awards under this section may be granted in addition to other funds awarded to a student under other scholarship and assistance programs.

History. Acts 2005, No. 2268, § 8.

A.C.R.C. Notes. Acts 2007, No. 1217, § 8, provided: “College of Nursing and College of Pharmacy program improvements.

“(a) Funds received from the State Board of Collection Agencies under § 17-24-305 by the University of Arkansas for Medical Sciences and any interest earnings on the funds by the University of Arkansas for Medical Sciences shall be used exclusively as follows:

“(1) Two-thirds (2/3) of the funds shall be used within the College of Nursing for:

“(A) Scholarships and stipends for nursing students who are candidates for bachelor's or master's degrees or degrees beyond a master's degree; and

“(B) Salary improvements for purposes of retaining and attracting nursing school faculty; and

“(2) One-third (1/3) of the funds shall be used within the College of Pharmacy for:

“(A) Scholarships and stipends for pharmacy students;

“(B) Facility improvements required to expand the enrollment of pharmacy students; and

“(C) Salary improvements for purposes of retaining and attracting pharmacy school faculty.

“(b)(1) The Dean of the University of Arkansas for Medical Sciences College of Nursing shall allocate the funds made available to the College of Nursing under this section

“(2) The Graduate Nurse Educator Loan and Scholarship Board shall make recommendations to the dean regarding the recipients of annual awards, stipends, and scholarships.

“(3) A recipient of a scholarship or stipend under this subsection (b) must be a resident of the State of Arkansas.

“(c)(1) The Dean of the University of Arkansas for Medical Sciences College of Pharmacy shall allocate the funds made available to the College of Pharmacy under this section.

“(2) Using financial aid and academic performance data, the University of Arkansas for Medical Sciences College of Pharmacy Awards and Financial Aid Committee will make recommendations to the faculty regarding the recipients of annual awards, stipends, and scholarships.

“(3) A recipient of a stipend or scholarship under this subsection (c):

“(A) Must be a resident of the State of Arkansas;

“(B) Is not required to repay a stipend or scholarship; and

“(C) Is not required to enter into any agreement with the university or College of Pharmacy requiring the recipient to practice pharmacy in any area of Arkansas after graduation in exchange for a stipend or scholarship.

“(d) The University of Arkansas for Medical Sciences shall report annually the utilization of the funds received by the College of Nursing under this section to the Legislative Council and the Arkansas Legislative Commission on Nursing.

“(e) Scholarships and other awards under this section may be granted in addition to other funds awarded to a student under other scholarship and assistance programs.”

6-64-418. College of Public Health collaboration.

It is recommended that the Department of Health Behavior and Health Education of the Fay W. Boozman College of Public Health of the University of Arkansas for Medical Sciences collaborate with each education service cooperative, community health agencies, school nurses, school counselors, and educators employed in public and private schools to introduce age-appropriate, research-supported, child abuse prevention curriculum to and on behalf of the children of Arkansas in the public and private schools.

History. Acts 2007, No. 703, § 4; 2013, No. 1086, § 5.

Amendments. The 2013 amendment inserted “school” preceding “counselors,” “employed in public and private schools” following “educators,” “and on behalf of” following “curriculum to,” and “and private” following “public.”

6-64-419. Adult Sickle Cell Clinic of the University of Arkansas for Medical Sciences.

    1. The Adult Sickle Cell Clinic of the University of Arkansas for Medical Sciences is created.
    2. The clinic shall be a comprehensive clinic at which adults in Arkansas with sickle cell anemia may receive specialty care, including without limitation:
      1. Advanced, specialized health care;
      2. Preventive health care; and
      3. Local health care provider support.
  1. The clinic shall provide services, including without limitation:
      1. An annual visit for comprehensive diagnosis and treatment for adult patients with sickle cell anemia from all over the state.
      2. A patient with more severe complications from sickle cell anemia may receive more frequent treatment as needed;
      1. On the basis of each comprehensive visit under subdivision (b)(1) of this section, a care plan for that patient is developed to serve as a blueprint for the patient's medical care throughout the year.
      2. For acute medical events, treatment under this section shall be based on the care plan created under subdivision (b)(2)(A) of this section as the guide for management of sickle cell anemia and complications of sickle cell anemia;
    1. Designing a training program regarding sickle cell anemia and complications of sickle cell anemia for:
      1. Physicians, nurses, and social workers throughout the state;
      2. Medical students and residents;
      3. healthcare providers; and
      4. healthcare provider students;
    2. Through the Center for Distance Health of the University of Arkansas for Medical Science, training and case consultation with healthcare providers across the state; and
    3. A program to:
      1. Track adult patients with sickle cell anemia; and
      2. Measure the effectiveness of the clinic.
    1. The clinic shall make staff personnel available to primary care physicians and medical staff of area health education centers for consultation regarding sickle cell anemia and complications of sickle cell anemia as needed.
    2. A nurse practitioner employed in this clinic shall be available twenty-four (24) hours per day, seven (7) days per week to receive and respond to telephone calls from physicians or patients regarding sickle cell anemia and complications of sickle cell anemia.
    3. A social worker shall assist patients with sickle cell anemia and their families in finding ways to meet the needs of the patient and his or her family, including without limitation:
      1. Health-related expenses not covered by insurance plans;
      2. Transportation costs;
      3. Employment options; and
      4. Social and emotional support.
    4. A grassroots community coordinator shall connect the clinic to other health care providers around the state and help connect patients with the clinic.

History. Acts 2011, No. 909, § 1.

6-64-420. UAMS Adult Sickle Cell Disease Program.

  1. There is hereby established a new program for the comprehensive care of adult sickle cell disease to be known as the University of Arkansas for Medical Sciences Adult Sickle Cell Disease Program.
  2. The program will facilitate the continued development of adult sickle cell disease treatment, preventive care, education, and training for health care professionals and related personnel utilizing the University of Arkansas for Medical Sciences' Regional Centers throughout the state and Center for Distance Health of the University of Arkansas.
  3. Funding for the program will be from general revenue and cash funds from fees for services, donations, grants, and federal funds.
  4. The University of Arkansas for Medical Sciences will not assume responsibility for funding the program until such time as the General Assembly appropriates and funds the program.

History. Acts 2011, No. 1078, § 23.

A.C.R.C. Notes. Acts 2013, No. 1403, § 22, provided: “UAMS — ADULT SICKLE CELL DISEASE PROGRAM. There is hereby established a new program for the comprehensive care of Adult Sickle Cell Disease to be known as the University of Arkansas for Medical Sciences Adult Sickle Cell Disease Program. The program will facilitate the continued development of adult sickle cell disease treatment, preventive care, education, and training for health care professionals and related personnel utilizing the University of Arkansas for Medical Sciences' Area Health Education Centers throughout the State and Center for Distance Health. Funding for the Program will be from general revenue and cash funds from fees for services, donations, grants, and federal funds. The University of Arkansas for Medical Sciences will not assume responsibility for funding the Program until such time as the General Assembly appropriates and funds the Program.”

Acts 2015, No. 361, § 23, provided:

“UAMS — ADULT SICKLE CELL DISEASE PROGRAM. There is hereby established a new program for the comprehensive care of Adult Sickle Cell Disease to be known as the University of Arkansas for Medical Sciences Adult Sickle Cell Disease Program. The program will facilitate the continued development of adult sickle cell disease treatment, preventive care, education, and training for health care professionals and related personnel utilizing the University of Arkansas for Medical Sciences’ Area Health Education Centers throughout the State and Center for Distance Health. Funding for the Program will be from general revenue and cash funds from fees for services, donations, grants, and federal funds. The University of Arkansas for Medical Sciences will not assume responsibility for funding the Program until such time as the General Assembly appropriates and funds the Program.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 231, § 23, provided: “UAMS — ADULT SICKLE CELL DISEASE PROGRAM. There is hereby established a new program for the comprehensive care of Adult Sickle Cell Disease to be known as the University of Arkansas for Medical Sciences Adult Sickle Cell Disease Program. The program will facilitate the continued development of adult sickle cell disease treatment, preventive care, education, and training for health care professionals and related personnel utilizing the University of Arkansas for Medical Sciences' Area Health Education Centers throughout the State and Center for Distance Health. Funding for the Program will be from general revenue and cash funds from fees for services, donations, grants, and federal funds. The University of Arkansas for Medical Sciences will not assume responsibility for funding the Program until such time as the General Assembly appropriates and funds the Program.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

6-64-421. Center for Dental Education.

    1. There is established a new center in Arkansas for dental education in cooperation with the University of Tennessee Health Science Center College of Dentistry, the University of Arkansas for Medical Sciences, and Arkansas Children's Hospital.
    2. The center shall be known as the University of Arkansas for Medical Sciences Center for Dental Education.
  1. The center will facilitate the continued development of dental education, its specialties, and services for the citizens of Arkansas.

History. Acts 2011, No. 981, § 18.

A.C.R.C. Notes. Acts 2013, No. 1403, § 24, provided: “UAMS — CENTER FOR DENTAL EDUCATION.

There is hereby established a new center in Arkansas for Dental Education in cooperation with the University of Tennessee Dental School, the University of Arkansas for Medical Sciences and Arkansas Children's Hospital. The Center Shall be known as the University of Arkansas for Medical Sciences Center for Dental Education. The Center will facilitate the continued development of dental education, its specialties and services for the citizens of Arkansas.”

Acts 2015, No. 361, § 25, provided:

“UAMS — CENTER FOR DENTAL EDUCATION. There is hereby established a new center in Arkansas for Dental Education in cooperation with the University of Tennessee Dental School, the University of Arkansas for Medical Sciences and Arkansas Children's Hospital. The Center Shall be known as the University of Arkansas for Medical Sciences Center for Dental Education. The Center will facilitate the continued development of dental education, its specialties and services 31 for the citizens of Arkansas.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 231, § 25, provided: “UAMS — CENTER FOR DENTAL EDUCATION. There is hereby established a new center in Arkansas for Dental Education in cooperation with the University of Tennessee Dental School, the University of Arkansas for Medical Sciences and Arkansas Children's Hospital. The Center Shall be known as the University of Arkansas for Medical Sciences Center for Dental Education. The Center will facilitate the continued development of dental education, its specialties and services for the citizens of Arkansas.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

6-64-422. Advanced practice nurses at area health education center.

  1. The University of Arkansas for Medical Sciences may create a program to:
    1. Train licensed advanced practice nurses for programs operated through area health education centers; and
    2. Employ advanced practice nurses as employees of an area health education center.
  2. A licensed advanced practice nurse with prescriptive authority in training in or employed by an area health education center shall sign a collaborative practice agreement with a physician licensed by the Arkansas State Medical Board.
  3. A collaborative practice agreement under this section shall comply with § 17-87-310 and shall specify without limitation:
    1. The relationships among the physician, the area health education center, and the advanced practice nurse; and
    2. That the licensed advanced practice nurse:
      1. Shall complete the training required to become an advanced practice nurse employee of the area health education center; and
      2. Employee advanced practice nurse, the location within the area served by the area health education center at which the advanced practice nurse will practice.

History. Acts 2011, No. 1167, § 1.

Subchapter 5 — State Medical Center — Admission of Patients

Preambles. Acts 1959, No. 259 contained a preamble which read:

“Whereas, the Medical Center of the University of Arkansas, Little Rock, Arkansas, is a state institution supported from revenues derived from state taxes collected throughout the state; and

“Whereas, the use of the hospital, clinic and emergency facilities of such Center has been disproportionate according to the population resident in the several counties and municipalities of the state in that certain counties and municipalities have utilized said Center to the degree that other counties and municipalities will be denied fair use of the state institution unless additional facilities be made available;

“Now, therefore… .”

Case Notes

Standards of Indigency.

Nothing in this subchapter mandates that a hospital adopt standards for determining medical indigency based upon the patient's ability to pay which follow national and local guidelines, since this subchapter plainly lacks language making it incumbent on a hospital to adopt specific standards. Hubbard v. University of Ark. Medical Sciences, 272 Ark. 500, 616 S.W.2d 10 (1981).

6-64-501. Purpose of subchapter.

It is the purpose and intent of this subchapter to provide for a fair and equitable apportionment for the use of the facilities and services of the State Medical Center among the various counties of this state, and among all cities having in excess of ten thousand (10,000) population for the treatment of medical indigents, and to provide a method and procedure for charging such counties, and cities having over ten thousand (10,000) population, for services received by medical indigents at the medical center in excess of the allowed quotas.

History. Acts 1959, No. 259, § 4; A.S.A. 1947, § 80-2925.

Case Notes

In General.

The basic purpose of this subchapter is not to require standards of indigency, but to establish a quota system to distribute proportionately the cost of indigent care among the counties, using population as a basis. Hubbard v. University of Ark. Medical Sciences, 272 Ark. 500, 616 S.W.2d 10 (1981).

6-64-502. Admission of other patients not affected by subchapter.

Nothing in this subchapter shall be construed to interfere with the admission of patients at the State Medical Center who have the ability to pay for medical care received, nor shall this subchapter interfere with or affect the admission of welfare patients at the medical center where the cost of such care is paid by the Department of Human Services according to an approved plan for medical care and hospitalization established for public welfare patients by the department.

History. Acts 1959, No. 259, § 2; 1963, No. 183, § 2; A.S.A. 1947, § 80-2923.

6-64-503. Medical indigents — Determination of status.

  1. As used in this subchapter, unless the context otherwise requires, medical indigents shall include all residents of this state who are unable to pay part or all of the cost of necessary medical and hospital services, but shall not include any person for whom medical and hospital services are paid by the Department of Human Services.
  2. Each county judge or chief administrative officer of a municipality affected by this subchapter is authorized to establish necessary rules and regulations to be followed in determining medical indigency of persons seeking admission to the medical center under the provisions of this subchapter.

History. Acts 1959, No. 259, § 4; A.S.A. 1947, § 80-2925.

Case Notes

Standards of Indigency.

This subchapter does not mandate that a hospital adopt standards for determining medical indigency based upon the patient's ability to pay which follow national and local guidelines, since this subchapter plainly lacks language making it incumbent on a hospital to adopt specific standards. Hubbard v. University of Ark. Medical Sciences, 272 Ark. 500, 616 S.W.2d 10 (1981).

This section authorizes, but does not direct, county judges or chief administrative officers of municipalities to establish rules in determining medical indigency, and this is the mere delegation of authority. Hubbard v. University of Ark. Medical Sciences, 272 Ark. 500, 616 S.W.2d 10 (1981).

6-64-504. Admission as medical indigent — Certification procedure.

    1. In all cases where a resident of a county or municipality assigned a quota in § 6-64-505 seeks to use the quota to defray any part of the expense of his or her medical service, including hospitalization, at the State Medical Center, the resident must first have been determined by his or her county judge or chief administrative officer of his or her municipality to be unable to pay for all or any part of the service.
    2. The county judge or chief administrative officer may then certify in writing that the resident is eligible for such care.
    3. There shall be no charge made against the county or municipality for medical care until the person shall be so certified, unless the certification is waived as authorized in this section.
      1. The county judge or chief administrative officer may elect to waive the above certification procedure, except that such waiver shall not apply to counties or cities which, in the preceding year, have recorded a total of two thousand (2,000) or more patient days at the medical center. In such event, individual certification of patients will be required as a prerequisite to admission of such patients to the medical center hospital.
      2. In counties and cities where waiver of individual certification is applicable, individual certification of patients will be required in all cases where the hospitalization of the patient would cause the current month's quota to be exceeded.
    1. The judge or officer waiving the certification procedure must so notify the medical center in writing.
    2. It shall be the duty of the medical center to notify the county judge or administrative officer at the time the rate of use of his or her county or municipal quota shall have been exceeded. However, any county, or municipality of over ten thousand (10,000) population, may enter into an agreement in writing with the medical center for the admission of medical indigents with acute emergency conditions to be charged against the quota of such county or city without requiring the certification procedure mentioned above.
  1. Certification of patients by any municipality or county may be by telephone if the date of the telephone conversation, the name of the county judge, or chief administrative officer of the city, authorizing the certification, and all other necessary information is reduced to writing by the appropriate official of the medical center and maintained in a file as a public record.
    1. Any person certified to the medical center as a medical indigent who has the ability to pay for a part of the cost of the medical or hospital care received shall pay such part of the cost of care received and that amount paid shall be allowed as a credit against any charge against the county or municipality for such service during the calendar month in which payment is received.
    2. In the case of those medical indigents who are able to pay a part of the cost of their medical and hospital care, such fact shall be so stated in the certification from the county or city, which certification may include an estimate of the portion of medical and hospital costs the patient is able to pay, if any.
    1. In the case of any county having one (1) or more cities of over ten thousand (10,000) population therein, the county judge of the county and the chief administrative officer of each such city may enter into an agreement for the establishment of a central certifying office from which all patients admitted to the State Medical Center as medical indigents from such county and the cities therein shall be certified.
    2. Upon the establishment of such a central certifying office, notice thereof shall be given to the Chancellor for Health Sciences, and all patients certified to the State Medical Center from such county or any city of ten thousand (10,000) or over population therein shall be charged against the quota of such county or city, as the case may be.
  2. The Department of Human Services shall assist any county or municipality affected by this subchapter, upon request therefor, in determining the economic status of any person seeking admission to the medical center as a medical indigent.
  3. It also shall be the duty of the medical center to investigate the ability of the patient or others chargeable with his or her support to pay the expense of the treatment and care rendered, taking into consideration the recommendation of the certifying official of the county or municipality involved.

History. Acts 1959, No. 259, § 2; 1963, No. 183, § 2; A.S.A. 1947, § 80-2923.

6-64-505. Medical indigents — Quota of patients from counties and municipalities.

  1. There is assigned and made available to each county in Arkansas the following quotas of medical services, including hospitalization, at the University of Arkansas Medical Center, herein referred to as the State Medical Center, to be utilized by the citizens of the respective counties and the municipalities therein according to the provisions of §§ 6-64-502, 6-64-504, 6-64-506, and 6-64-508.
  2. The quotas shall be computed as follows:
    1. Hospital Quota.
      1. Annually, on or before July 1, the Board of Trustees of the University of Arkansas shall certify to the Chancellor for Health Sciences of the University of Arkansas the total number of hospital beds estimated to be available for use, based upon funds available, during the next twelve-month period at the State Medical Center.
      2. The chancellor shall then multiply the total available beds so certified by three hundred sixty-five (365), the days in the year, and multiply the result thereof by eighty-five percent (85%), which is determined by the General Assembly as being the average normal occupancy of hospital beds to be expected by a hospital of this type. The result of such calculations shall be the net annual patient-day usage of the State Medical Center for the next twelve (12) months.
      3. The chancellor shall then prorate the net annual patient-day usage of the State Medical Center among the counties of this state in proportion to each county that the population of such county bears to the total population of all the counties of this state according to the most recent federal census figures available at the time of the annual calculation of the quota. The pro rata apportionment shall be the annual quota of hospital usage at the State Medical Center for each county;
    2. Quotas of Cities of Over 10,000 Population. Each city of this state having a population of over ten thousand (10,000) according to the most recent federal census figures available at the time of figuring annual quotas under this subchapter shall be assigned an annual proportionate quota of hospital usage assigned to the county in which any such city is located, which city quota shall be computed in the proportion that the population of the city bears to the population of the county. The quotas assigned to any city of over ten thousand (10,000) population of hospital usage at the State Medical Center shall be deducted from the quota assigned to the county in which the city is located.

History. Acts 1959, No. 259, § 1; 1963, No. 183, § 1; A.S.A. 1947, § 80-2922.

Case Notes

Constitutionality.

Former similar law held unconstitutional where a city was singled out and included with the list of counties with an assigned quota. Since the effect of the law was to give preferential treatment to that city and its county, the law was invalid as special and local legislation. Board of Trustees v. Pulaski County, 229 Ark. 370, 315 S.W.2d 879 (1958) (decision under prior law).

6-64-506. Medical indigents — Patients not charged against quotas.

Any patient admitted to the State Medical Center as a public welfare patient certified by the Department of Human Services, or any patient admitted to the State Medical Center who on admittance can guarantee, either by hospitalization insurance or cash deposit, at least fifty percent (50%) of the anticipated costs of treatment, shall not be charged against the quota of any county or municipality established pursuant to this subchapter.

History. Acts 1959, No. 259, § 2; 1963, No. 183, § 2; A.S.A. 1947, § 80-2923.

6-64-507. Medical indigents — Charges for costs in excess of quota — Payment or collection.

  1. The actual cost of hospitalization utilized in any calendar month at the State Medical Center by medical indigents as determined as provided in § 6-64-503 which is in excess of the dollar value at prevailing average per diem cost of one-twelfth (1/12) of the quotas set out in § 6-64-505 shall be charged to the county in which the recipient of the medical service resides or, in case a quota is assigned to the municipality in which the recipient resides, to the municipality.
    1. No unused quota amounts remaining in any month may thereafter be used as a credit against charges in any other month.
    2. Furthermore, no unused portion of a quota during any month by any county shall be allowed as a credit against any other county that may have exceeded its quota during such month.
    1. Each thirty (30) days a statement of charges due to the State Medical Center shall be mailed to the county judge or chief administrative officer of the municipality for the net cost of excess services, as defined in subsection (a) of this section, rendered during the calendar month preceding.
    2. Whenever the county or municipality fails to pay to the State Medical Center, within thirty (30) days, the net charges billed to the county or municipality for services in excess of the quotas established in § 6-64-505, the medical center shall make a certification to the Treasurer of State setting forth the names of the county or municipality as the case may be, the amount owed by the county or municipal corporation, and the period during which the unpaid debt shall have accrued.
    3. Upon receipt of the certification, the Treasurer of State shall withhold from such moneys as would otherwise be due such county or municipality from the general revenues of this state the amount needed to liquidate the debt and transfer the amount thereof to the University of Arkansas Medical Center Fund. Any remaining balance of such general revenues which would otherwise have been payable to the county or municipality shall be paid to such county or municipality as in the instance in which no withholding was made.

History. Acts 1959, No. 259, §§ 2, 3; 1963, No. 183, § 2; A.S.A. 1947, §§ 80-2923, 80-2924.

6-64-508. Medical indigents — Collections from patients.

  1. It further shall be the duty of the University of Arkansas for Medical Sciences Medical Center to collect fees from patients in all cases where it is established that the patient is able to pay, either through insurance coverage or his or her own resources, a part or all of the medical or hospital costs incurred.
  2. Billings to patients shall be made on a periodic basis.
  3. In cases of willful refusal to pay, the medical center is directed to take whatever legal action is necessary to satisfy the account.

History. Acts 1959, No. 259, § 2; 1963, No. 183, § 2; A.S.A. 1947, § 80-2923.

6-64-509. Admissions of paying patients.

  1. For the purpose of improving the teaching program of the University of Arkansas College of Medicine and to provide a source of additional funds for the operation of the State Medical Center, the medical center is authorized and directed to admit for medical treatment persons who have the economic ability to pay for hospital and medical services rendered. However, before any such person shall be admitted for treatment as a paying patient, such person shall have agreed in writing for the supervised observation of his or her case by medical students of the College of Medicine.
  2. The State Medical Center, with the approval of the Board of Trustees of the University of Arkansas, shall establish a system of charges to be paid by paying patients for hospital and medical care rendered such paying patients at the medical center. If any person with ability to pay shall fail or refuse to pay for the cost of hospital and medical care received at the medical center, the medical center shall institute appropriate legal proceedings for the collection of the cost.
  3. Nothing in this section shall be construed to prohibit or limit the admission and treatment of charity or medical indigent patients at the medical center as may be authorized by law.

History. Acts 1959, No. 192, § 1; A.S.A. 1947, § 80-2926.

Subchapter 6 — School of Law

Effective Dates. Acts 1973, No. 207, § 17: Mar. 2, 1973. Emergency clause provided: “It has been found and it is hereby declared by the General Assembly of the State of Arkansas that there are not available sufficient moneys to accomplish the improvement of legal education in this State and that the immediate improvement of legal education in this State is essential to the improvement of the administration of justice in this State and to the continued welfare and development of this State and her inhabitants. Therefore, an emergency is declared to exist, and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1975, No. 19, § 4: July 1, 1975. Emergency clause provided: “It is hereby found and determined by the Seventieth General Assembly that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1975 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1975 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1975.”

Acts 1977, No. 245, § 2: July 1, 1977.

6-64-601. Construction — Subchapter exclusive authority.

  1. This subchapter shall be construed liberally.
  2. The enumeration of any object, purpose, power, manner, method, and thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, and things.
  3. This subchapter shall be the sole authority required for the accomplishment of the purposes of this subchapter.

History. Acts 1973, No. 207, § 14; A.S.A. 1947, § 80-2890.13.

6-64-602. Establishment — Name.

There is established a full-time law school, to be operated in Little Rock, Pulaski County, Arkansas, under the control and direction of the University of Arkansas at Little Rock, to be known as the University of Arkansas at Little Rock William H. Bowen School of Law, and to offer classes of legal instruction both in the daytime and in the evening.

History. Acts 1969, No. 262, § 1; 1975, No. 19, § 1; A.S.A. 1947, § 80-2883.

6-64-603. [Repealed.]

A.C.R.C. Notes. The repeal of this section by Acts 1995, No. 1256, has been deemed to supersede its amendment by Acts 1995, No. 1296. Acts 1995, No. 1296, § 35, made stylistic changes in (a)(1).

Publisher's Notes. This section, concerning the Legal Education Fund, was repealed by Acts 1995, No. 1256, § 20, as amended by Acts 1995 (1st Ex. Sess.), No. 13, § 4. The section was derived from Acts 1973, No. 207, §§ 1, 8; 1977, No. 245, § 1; A.S.A. 1947, §§ 80-2890, 80-2890.7; Acts 1989, No. 543, § 1; 1991, No. 904, §§ 2, 20; 1995, No. 1296, § 35.

6-64-604. State Legal Education Fund generally.

  1. As used in this subchapter:
    1. “State Legal Education Fund” means the University of Arkansas at Fayetteville Legal Education Fund and the University of Arkansas at Little Rock Legal Education Fund, respectively, and the moneys credited to each of the funds shall be used in connection with the legal education program of the University of Arkansas at Fayetteville School of Law and the University of Arkansas at Little Rock William H. Bowen School of Law; and
    2. “University” means the University of Arkansas at Fayetteville School of Law and the University of Arkansas at Little Rock William H. Bowen School of Law, respectively.
  2. All collections of the costs levied by this subchapter shall be paid by the collecting officer to the county treasurer and by the county treasurer credited on his or her records to a fund to be designated and known as the legal education fund.
  3. On the tenth day of the next succeeding month, the county treasurer shall remit by check all such collections to the Board of Trustees of the University of Arkansas, for credit to the following funds:
    1. Fifty percent (50%) thereof to the University of Arkansas at Fayetteville Legal Education Fund; and
    2. Fifty percent (50%) thereof to the University of Arkansas at Little Rock Legal Education Fund.

History. Acts 1973, No. 207, § 1; 1977, No. 245, § 1; A.S.A. 1947, § 80-2890.

6-64-605. Levy of costs — Cash funds.

  1. All collections of the costs levied by this subchapter are specifically declared to be cash funds, restricted in their use and dedicated and to be used solely as provided in this subchapter.
  2. The moneys shall not be deposited into the State Treasury but shall be deposited by the Board of Trustees of the University of Arkansas as and when received, and in such bank as the board may from time to time select, to the credit of the State Legal Education Fund, and applied for the purposes authorized by this subchapter.

History. Acts 1973, No. 207, § 2; A.S.A. 1947, § 80-2890.1.

6-64-606. Levy of costs — Use and priorities of funds collected.

  1. All collections of the costs levied by this subchapter shall be used by the Board of Trustees of the University of Arkansas solely for purposes of legal education, including academic, clinical, and continuing education, operated under the auspices and academic administration of the University of Arkansas School of Law, including, without limitation, financing the costs of:
    1. The construction, expansion, improvement, or equipping of buildings and facilities for legal education on the sites owned by the board and located in or near the City of Fayetteville, Arkansas, or the City of Little Rock, Arkansas; and
    2. The operation of legal education programs.
  2. In determining the needs of legal education in Arkansas and in allocating funds to meet these needs from the levying of costs as provided in this subchapter, including funds derived from revenue bonds authorized in this subchapter, the board shall give first priority to the upgrading and maintenance of the University of Arkansas at Fayetteville School of Law to the end that such school, as quickly as funds permit, shall become a first-class quality law school in the physical facilities, library content, faculty, administration, and operating program.

History. Acts 1973, No. 207, § 3; A.S.A. 1947, § 80-2890.2.

6-64-607. Financing authority.

The Board of Trustees of the University of Arkansas is authorized and empowered to issue revenue bonds from time to time in sufficient principal amounts and to use the proceeds of the bonds, together with any other available funds, for defraying the costs of accomplishing the purposes set forth in § 6-64-606(a)(1), paying all incidental expenses in connection therewith, paying the expenses of authorizing and issuing bonds, creating debt service reserves to secure the payment of the bonds, if the board deems that desirable, and making provision for the payment of interest on the bonds during construction, if the board deems that desirable.

History. Acts 1973, No. 207, § 4; A.S.A. 1947, § 80-2890.3.

6-64-608. Bonds — Authorizing resolution — Trust indenture.

  1. The bonds shall be authorized by authorizing resolution of the Board of Trustees of the University of Arkansas.
  2. The authorizing resolution may contain or may provide for the execution with a bank or trust company within or without the State of Arkansas of a trust indenture which may contain any other terms, covenants, and conditions that are deemed desirable by the board, including, without limitation, those pertaining to:
    1. The maintenance of various funds and reserves;
    2. The nature and extent of the security;
    3. The issuance of additional bonds and the nature of the lien and pledge in that event;
    4. The custody and application of the proceeds of the bonds;
    5. The collection and disposition of revenues;
    6. The investing and reinvesting, in securities specified by the board, of any moneys during periods when the moneys are not needed for authorized purposes; and
    7. The rights, duties, and obligations of the board and of the holders and registered owners of the bonds.

History. Acts 1973, No. 207, § 4; A.S.A. 1947, § 80-2890.3.

6-64-609. Bonds — Terms and conditions.

  1. The bonds may be coupon bonds, payable to bearer, or may be registrable as to principal only or as to principal and interest, and may be made exchangeable for bonds of another denomination, may be in such form and denomination, may have such date or dates, may be stated to mature at such times, may bear interest payable at such times and at such rate or rates not exceeding ten percent (10%) per annum, may be made payable at such places within or without the State of Arkansas, may be sold by such method, may be made subject to such terms of redemption in advance of maturity at such prices, and may contain such terms and conditions, all as the Board of Trustees of the University of Arkansas shall determine.
  2. The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration, as set forth above.

History. Acts 1973, No. 207, § 4; A.S.A. 1947, § 80-2890.3; Acts 1989, No. 679, § 1.

6-64-610. Bonds — Execution and seal.

    1. The bonds shall be executed by the manual or facsimile signature of the chair of the Board of Trustees of the University of Arkansas and by the manual signature of the secretary of the board.
    2. The coupons attached to the bonds shall be executed by the facsimile signature of the chair of the board.
  1. In case any of the officers whose signatures appear on the bonds or coupons shall cease to hold those offices before the delivery of the bonds or coupons, their signatures, nevertheless, shall be valid and sufficient for all purposes.
  2. Each bond shall be sealed with the seal of the university.

History. Acts 1973, No. 207, § 4; A.S.A. 1947, § 80-2890.3.

6-64-611. Bonds — Liability.

  1. It shall be plainly stated on the face of each bond that:
    1. It has been issued under the provisions of this subchapter;
    2. The bonds shall be obligations only of the Board of Trustees of the University of Arkansas;
    3. In no event shall they constitute an indebtedness for which the faith and credit of the State of Arkansas or any of its revenues are pledged; and
    4. The bonds are not secured by a mortgage or lien on any land or buildings belonging to the board or the State of Arkansas.
  2. No member of the board shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purposes and intent of this subchapter unless he or she shall have acted with a corrupt intent.

History. Acts 1973, No. 207, § 5; A.S.A. 1947, § 80-2890.4.

6-64-612. Bonds — Pledge of costs levied by subchapter.

  1. The bonds, principal and interest, shall be special obligations of the Board of Trustees of the University of Arkansas secured by and payable from a pledge of all or a portion of the collections of the costs levied by this subchapter.
  2. The pledge of bonds shall constitute a prior pledge of, and claim on, such costs over any other claim arising out of, or pertaining to, any other authorized use of collections of such costs as specified in § 6-64-606.
  3. The bonds, principal and interest, shall not be secured by a pledge of any other appropriated funds or cash funds of the board or the university.

History. Acts 1973, No. 207, § 5; A.S.A. 1947, § 80-2890.4.

6-64-613. Bonds — Contract with holders and owner.

  1. Any authorizing resolution and trust indenture, together with this subchapter, shall constitute a contract between the Board of Trustees of the University of Arkansas and the holders and registered owners of the bonds.
  2. The contract and all covenants, agreements, and obligations therein shall be promptly performed in strict compliance with the terms and provisions of the contract.
  3. The covenants, agreements, and obligations of the board may be enforced by mandamus or other appropriate proceedings at law or in equity.

History. Acts 1973, No. 207, § 6; A.S.A. 1947, § 80-2890.5.

6-64-614. Bonds — Tax exemption.

The principal and interest of bonds issued under this subchapter shall be exempt from all state, county, and municipal taxes, and the exemption shall include income, inheritance, and estate taxes.

History. Acts 1973, No. 207, § 9; A.S.A. 1947, § 80-2890.8.

A.C.R.C. Notes. Language excluding property taxes from the exemption provided by this section was deleted pursuant to Arkansas Constitution, Amendment 57, § 1 and § 26-3-302. Arkansas Constitution, Amendment 57, § 1 provides that the General Assembly may classify intangible personal property for assessment at lower percentages of value than other property and may exempt one or more classes of intangible personal property from taxation, or may provide for the taxation of intangible personal property on a basis other than ad valorem. Section 26-3-302 exempts all intangible personal property in this state from all ad valorem tax levies of counties, cities, and school districts in the state as of January 1, 1976.

6-64-615. Bonds — Investment of funds of retirement or pension systems.

The board of trustees of any retirement or pension system created by the General Assembly of the State of Arkansas, in its discretion, may invest its funds in bonds issued under this subchapter.

History. Acts 1973, No. 207, § 10; A.S.A. 1947, § 80-2890.9.

Publisher's Notes. Acts 1977, No. 793, § 11, provided, in part, that after July 1, 1977, the authority of public retirement systems to invest in bonds, pursuant to this section should be construed to authorize the making of such investments only in accordance with procedures established by T. 24, ch. 3 with respect to the systems governed by T. 24, ch. 3.

6-64-616. Bonds — Construction fund.

  1. The Board of Trustees of the University of Arkansas shall include necessary provisions in the authorizing resolution or trust indenture to require the deposit of the proceeds of each bond issue, except the accrued interest, which shall be deposited into the bond fund, into a special construction fund which shall be a trust fund in such depository as the board shall designate.
  2. The depository shall be a member of the Federal Deposit Insurance Corporation, and all moneys in excess of the amount insured by the Federal Deposit Insurance Corporation must be secured by direct obligations of the United States unless invested in securities specified by the board.
  3. The moneys in the construction fund shall be used solely for the purposes set forth in § 6-64-606.

History. Acts 1973, No. 207, § 12; A.S.A. 1947, § 80-2890.11.

6-64-617. Bonds — Use of excess costs.

Subject to the provisions of any authorizing resolution or trust indenture securing payment of any bonds outstanding under this subchapter, collections of the costs levied by this subchapter in excess of the amounts necessary to provide for the payment of bonds, including principal and interest, may be used as determined by the Board of Trustees of the University of Arkansas from time to time for accomplishing any purposes set forth in § 6-64-606.

History. Acts 1973, No. 207, § 5; A.S.A. 1947, § 80-2890.4.

6-64-618. Outstanding bonds — Change in costs for payments.

So long as there are outstanding any bonds to which collections of the costs levied by this subchapter are pledged, the General Assembly may eliminate, modify, or otherwise change the costs levied by this subchapter. These changes may be made only on the condition that there is always maintained in effect and made available for the payment of outstanding bonds sources of revenue which produce revenues at least sufficient in amount to provide for the payment of the principal of and interest on the outstanding bonds and to comply with all covenants, including, without limitation, the maintenance of funds and reserves, in favor of the holders or registered owners of the outstanding bonds or the trustee for the holders or registered owners of the outstanding bonds.

History. Acts 1973, No. 207, § 7; A.S.A. 1947, § 80-2890.6.

6-64-619. Refunding bonds.

  1. Bonds may be issued for the purpose of refunding any bonds issued under this subchapter.
    1. Refunding bonds may either be sold or delivered in exchange for the bonds being refunded.
    2. If sold, the proceeds may be either applied to the payment of the bonds being refunded or deposited in trust and there maintained in cash or investments for the retirement of the bonds being refunded as shall be specified by the Board of Trustees of the University of Arkansas in the resolution or trust indenture securing the refunding bonds.
  2. The resolution or trust indenture securing the refunding bonds may provide that the refunding bonds shall have the same priority of pledge as was enjoyed by the bonds refunded.
  3. Refunding bonds shall be sold and secured in accordance with the provisions of this subchapter pertaining to the sale and security of bonds.

History. Acts 1973, No. 207, § 13; A.S.A. 1947, § 80-2890.12.

6-64-620. Construction of legal education facilities — Employment of professionals.

  1. The Board of Trustees of the University of Arkansas is authorized to employ architects to prepare plans, specifications, and estimates of cost for the construction of legal education facilities and to supervise and inspect the construction.
  2. After the board has approved the plans and specifications prepared by the architect, it shall proceed to advertise for bids and contract for the construction of the public buildings in accordance with applicable laws governing the construction of public buildings.
  3. In addition, the board is authorized to engage and pay such professional, technical, and other help as it shall determine to be necessary or desirable in assisting it to carry out effectively the authorities, functions, powers, and duties conferred and imposed upon it by this subchapter.

History. Acts 1973, No. 207, § 11; A.S.A. 1947, § 80-2890.10.

6-64-621. Evening law school division.

The Board of Trustees of the University of Arkansas is directed and authorized to establish and operate at Little Rock, Arkansas, an evening division of its school of law as an expansion of its program of legal instruction, research, and extension.

History. Acts 1965, No. 525, § 10.

Subchapter 7 — Division of Agriculture of the University of Arkansas

Publisher's Notes. Acts 2015, No. 1065, § 1 rewrote the subchapter heading.

Cross References. Soil conservation, university as agent for federal act, § 15-21-401 et seq.

Preambles. Acts 1921, No. 542 contained a preamble which read:

“Whereas, the Federal Government makes an annual appropriation to the Bureau of Soils of the United States Department of Agriculture for soil survey work; and,

“Whereas, said bureau has offered and agreed to cooperate with the State of Arkansas through the State Experiment Station in such work and to furnish and pay expenses of men to do such work provided the State can furnish an equal number of men to take care of the expenses of soil analysis and other incidental expenses; and,

“Whereas, a thorough scientific soil survey is the basis for further investigation of soil need, maintenance of fertility, and methods of handling soils and growing crops;

“Therefore… .”

Acts 1935, No. 127 contained a preamble which read:

“Whereas, sections 7343-49, both inclusive, of Crawford & Moses Digest, authorized the State Plant Board, when read in connection with Act No. 65 of the General Assembly, approved March 2, 1933, to cooperate with the Bureau of Agricultural Economics of the United States Department of Agriculture in the work of collecting, tabulating, interpreting and disseminating statistical information concerning crops and livestock in Arkansas;

“And Whereas by Act 153 of the General Assembly, approved March 25, 1933, the status of the powers and duties as originally set forth in said Sections 7343-49, both inclusive, was inadvertently left open to legal questions;

“And Whereas it is deemed expedient by the General Assembly that the State Plant Board continue to cooperate with the said Bureau of Agricultural Economics;

“Therefore… .”

Effective Dates. Acts 1905, No. 231, § 10: approved May 1, 1905.

Acts 1919, No. 664, § 10: approved Apr. 1, 1919. Emergency clause provided: “This Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Act shall take effect and be in force from and after its passage.”

Acts 1923, No. 753, § 9: approved Mar. 28, 1923. Emergency declared.

Acts 1923, No. 754, § 9: approved Mar. 28, 1923. Emergency declared.

Acts 1923, No. 755, § 9: approved Mar. 28, 1923. Emergency declared.

Acts 1927, No. 290, § 7: effective on passage.

Acts 1935, No. 127, § 8: approved Mar. 19, 1935. Emergency clause provided: “It is found as a fact that the law authorizing the State Plant Board to cooperate with the United States government in compiling crop and livestock statistics has been inadvertently left open to legal question and that it is very necessary that said cooperation be continued, thereby preventing a great loss in statistical information to the citizens of Arkansas. This act is declared to be necessary for the preservation of the public health, peace and safety, therefore, an emergency is declared and this act shall take effect and be in force from and after its passage.”

Acts 1937, No. 361, § 5: Mar. 25, 1937. Emergency clause provided: “Whereas, a large percentage of farm lands in the eastern Ozark region either remains undeveloped for agricultural purposes, or has been developed but is now lying idle because of soil depletion, and,

“Whereas, there is immediate need for pasture development and otherwise for finding new uses for said land; and

“Whereas, the establishment of said experiment station is necessary for the proper protection of the public peace, health and safety; therefore an emergency is hereby declared to exist and this act shall become effective immediately upon its passage by the General Assembly and approval of the Governor.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

6-64-701. Acceptance of federal aid.

The assent of the General Assembly is given:

  1. For the purpose of the grants made in 7 U.S.C. § 361a et seq., the Board of Trustees of the University of Arkansas may accept any sums coming to the State of Arkansas under that federal act and apply them for the benefit of the Division of Agriculture of the University of Arkansas in accordance with the terms and conditions expressed in the Act of Congress referred to above;
  2. To the provisions and requirements of an Act of Congress entitled “An act to provide for cooperative agricultural extension work between the agricultural colleges in the several states,” known as the Smith-Lever Act, 7 U.S.C. § 341 et seq., the board may receive any sums coming to the State of Arkansas under that federal act, and apply them for the benefit of the division in accordance with the terms and conditions expressed in the Act of Congress referred to above; and
  3. To the provisions and requirements of the federal act of October 10, 1962, popularly known as the McIntire-Stennis Cooperative Forestry Research Program, 16 U.S.C. § 582a et seq., the board may receive any sums coming to the State of Arkansas under that federal act, and apply them for the benefit of the forestry program established by the division in accordance with the terms and conditions expressed in the Act of Congress referred to above.

History. Acts 1927, No. 290, § 5; 2015, No. 1065, § 1.

Publisher's Notes. Acts 1889, No. 29, § 1 accepted the appropriation made to Arkansas by 7 U.S.C. §§ 301-305, 307, and 308, in trust, and assigned the moneys received for use and disbursement to the University of Arkansas at Fayetteville under the provisions of 7 U.S.C. §§ 301-305, 307, and 308.

Amendments. The 2015 amendment inserted designation (1); rewrote (1); and added (2) and (3).

6-64-702 — 6-64-712. [Repealed.]

Publisher's Notes. These sections, concerning a course of study, investigations and recommendations by the director, investigation and classification of soils, branch stations, Central Branch Station, Rice Branch Experiment Station, Fruit and Truck Branch Station, Cotton Branch Experiment Station, Livestock and Forestry Branch Experiment Station, seed-testing laboratory, Bureau of Research and Statistics, were repealed by Acts 2015, No. 1065, § 1. The sections were derived from the following sources:

6-64-702. Acts 1905, No. 231, § 1, p. 587; C. & M. Dig., § 9565; Pope’s Dig., § 13166; A.S.A. 1947, § 80-2827.

6-64-703. Acts 1905, No. 231, §§ 3, 6, p. 587; C. & M. Dig., §§ 9567, 9568; Pope’s Dig., §§ 13168, 13169; A.S.A. 1947, §§ 80-3002, 80-3003.

6-64-704. Acts 1921, No. 542, §§ 1-3; Pope’s Dig., §§ 13170-13172; A.S.A. 1947, §§ 80-3004 — 80-3006.

6-64-705. Acts 1905, No. 231, § 2, p. 587; 1919, No. 664, § 2; C. & M. Dig., § 9566; Pope’s Dig., § 13167; A.S.A. 1947, § 80-3001.

6-64-706. Acts 1919, No. 664, §§ 1, 3-9; 1997, No. 250, § 31.

6-64-707. Acts 1923, No. 753, §§ 1-3, 7; Pope’s Dig., §§ 13194-13196, 13200; A.S.A. 1947, §§ 80-3009 — 80-3012.

6-64-708. Acts 1923, No. 754, §§ 1-3, 7; Pope’s Dig., §§ 13180-13182, 13186; A.S.A. 1947, §§ 80-3013 — 80-3016.

6-64-709. Acts 1923, No. 755, §§ 1-3, 7; Pope’s Dig., §§ 13187-13189, 13193; A.S.A. 1947, §§ 80-3017 — 80-3020.

6-64-710. Acts 1937, No. 361, § 1; Pope’s Dig., § 13201; A.S.A. 1947, § 80-3021.

6-64-711. Acts 1953, No. 96, § 1; A.S.A. 1947, § 80-3028.

6-64-712. Acts 1935, No. 127, §§ 1, 4, 5; Pope’s Dig., §§ 12402, 12405, 12406; A.S.A. 1947, §§ 80-3022, 80-3025, 80-3026.

6-64-713. Authority to make a contract with United States Government.

The Division of Agriculture of the University of Arkansas may, with the consent of the Board of Trustees of the University of Arkansas, enter into a contract with the United States through the United States Secretary of Agriculture or any authorized representative through which the division shall cooperate with the United States Department of Agriculture in the actual work of collecting, tabulating, interpreting, and disseminating statistical information concerning crops and livestock in Arkansas.

History. Acts 1935, No. 127, § 2; Pope's Dig., § 12403; A.S.A. 1947, § 80-3023; Acts 2015, No. 1065, § 1.

Amendments. The 2015 amendment rewrote the section.

6-64-714. Cooperation with federal agencies — Reporting by state unaffected.

  1. The Division of Agriculture of the University of Arkansas shall collaborate with the representatives of the United States Department of Agriculture in the collection and tabulation of crop statistics.
  2. Sections 6-64-713 — 6-64-715 shall not prevent the State of Arkansas from collecting and publishing statistics concerning crops and livestock not reported by the United States Department of Agriculture.

History. Acts 1935, No. 127, § 3; Pope's Dig., § 12404; A.S.A. 1947, § 80-3024; Acts 2015, No. 1065, § 1.

Amendments. The 2015 amendment deleted “of bureau” following “Cooperation” in the section heading; in (a), substituted “Division of Agriculture of the University of Arkansas” for “Bureau of Research and Statistics” and deleted “Agricultural Marketing Service of the” preceding “United States”; and in (b), substituted “Sections §§ 6-64-7136-64-715” for “However, nothing in §§ 6-64-7126-64-715” and “United States Department of Agriculture” for “Agricultural Marketing Service.”

6-64-715. Use of material and information.

The Division of Agriculture of the University of Arkansas may use material and information in preparing and disseminating research and information concerning food, fiber, feed, agribusiness, bioenergy, and related law issues.

History. Acts 1935, No. 127, § 6; Pope's Dig., § 12407; A.S.A. 1947, § 80-3027; Acts 2015, No. 1065, § 1.

Amendments. The 2015 amendment rewrote the section.

6-64-716. Division of Agriculture.

    1. The Division of Agriculture of the University of Arkansas, a state-supported institution of higher education, includes the Arkansas Agricultural Experiment Station and the University of Arkansas Cooperative Extension Service.
    2. The mission of the division is to provide research and extension on all aspects of agriculture, food, youth, families, and communities.
    3. The division is encouraged to cooperate with:
      1. The United States Department of Agriculture as a specially designated land grant institution of higher education;
      2. Other federal, state, and international agencies;
      3. Communities and school districts in the state; and
      4. Rural, urban, and agricultural stakeholders throughout the state.
    4. Any federal, state, county, or municipal funds appropriated to the division shall be used for the promotion of research and extension as allowed under this subchapter and not for any other purpose.
  1. The purpose of the Arkansas Agricultural Experiment Station is to develop and advance scientific knowledge through basic and applied research regarding:
    1. Food;
    2. Fiber;
    3. Feed;
    4. Agribusiness;
    5. Bioenergy issues; and
    6. Other programmatic areas that are established by the division.
  2. The purpose of the Arkansas Cooperative Extension Service is to advance and disseminate scientific knowledge regarding:
    1. Agriculture;
    2. The environment;
    3. Human health and well-being;
    4. Communities; and
    5. Other programmatic areas that are established by the division.

History. Acts 2015, No. 1065, § 1.

6-64-717. Research and extension offices, facilities, centers, and stations.

  1. The Division of Agriculture of the University of Arkansas, with the approval of the Board of Trustees of the University of Arkansas, may establish and maintain:
    1. Research and extension offices, facilities, centers, and stations throughout the state to better serve its stakeholders; and
    2. Testing and diagnostic centers concerning animals, plants, food, soil, water, air, and agricultural inputs.
  2. The division, with the approval of the board, shall establish the name of an office, facility, center, or station established under subdivision (a)(1) of this section.

History. Acts 2015, No. 1065, § 1.

Subchapter 8 — Graduate Institute of Technology

Preambles. Acts 1957, No. 203 contained a preamble which read:

“Whereas, it has been found that there exists an extreme need for additional graduate education and research in Arkansas, especially in engineering and related physical and technical sciences, in order to equip personnel for roles in the state's expanding economy, and particularly to provide for professional engineers, scientists, and similar persons opportunities for the continuation and completion of post graduate instruction and research such as are available in other urban and industrialized centers of the country, and

“Whereas, it has been amply demonstrated that lack of complete implementation of this program of higher education in hampering the industrial location and expansion efforts of the State of Arkansas and its Arkansas Industrial Development Commission (AIDC), and, in fact, Arkansas has already lost at least two industries employing several thousand employees because of post-graduate facilities for its scientific and technical staff were not available, while other industries seeking sites, as well as those already in Arkansas, are now urging that such Graduate Institute be established, and

“Whereas, the expansion of an adequate financial support for an Institute of this kind would contribute to the general welfare of the whole state both in terms of educational opportunity and industrial development,

“Now, therefore… .”

6-64-801. Establishment.

The Board of Trustees of the University of Arkansas is authorized to establish and operate at Little Rock the Graduate Institute of Technology as an expansion of its graduate program of instruction and research.

History. Acts 1957, No. 203, § 1; A.S.A. 1947, § 80-2861.

6-64-802. Courses offered.

The Graduate Institute of Technology and its staff may offer graduate resident instruction and opportunities for creative basic and applied research in the fields of physical, technical, and other sciences which include, but are not limited to, engineering, including electronics, advanced theoretical and applied chemistry, and advanced theoretical and applied physics. The institute and its staff may also engage in research projects.

History. Acts 1957, No. 203, § 2; A.S.A. 1947, § 80-2862.

6-64-803. Funds.

The Board of Trustees of the University of Arkansas may exercise its authority as required to establish and maintain the Graduate Institute of Technology to the extent that moneys are especially appropriated from state funds for that purpose or made available to the board according to § 6-64-804.

History. Acts 1957, No. 203, § 3; A.S.A. 1947, § 80-2863.

6-64-804. Contributions, grants, etc.

For the purpose of financing the Graduate Institute of Technology authorized to be established by this subchapter, the Board of Trustees of the University of Arkansas may accept contributions of moneys, equipment, services, and property from cooperating industries or others and may receive grants-in-aid for such purpose and perform contractual and other research.

History. Acts 1957, No. 203, § 5; A.S.A. 1947, § 80-2865.

6-64-805. Construction and improvements authorized.

The authority of the Board of Trustees of the University of Arkansas to remodel, reconstruct, and improve property for the location of the Graduate Institute of Technology is recognized.

History. Acts 1957, No. 203, § 4; A.S.A. 1947, § 80-2864.

Subchapter 9 — Center for Research, Education and Technical Extension, and Graduate Education

Preambles. Acts 1965, No. 443 contained a preamble which read:

“Whereas, the State of Arkansas has made rapid progress in recent years, through the efforts of all of its citizens, to improve educational opportunities from the elementary schools through doctoral programs in higher education, while at the same time we have acted concertedly to diversify the general economy of Arkansas and encourage industrial progress and business growth as a complement to the well-developed agricultural economy of which the State is so proud; and,

“Whereas, educational advancements of a space age have opened new vistas in basic and applied research and development, and in the application of the findings of higher education, and its techniques, to improvement of the economy, betterment of the condition of man in society, scientific development and the productivity of industry, as well as the application of technology, research and planning to the business community, and necessary instruction, training and advanced education to implement the wise utilization of these achievements of higher education are now required; and,

“Whereas, the beginning efforts made by the citizens of Arkansas toward uniting higher education of quality with the economic and material well-being of our State so well exemplified by the Industrial Research and Extension Center and the Graduate Institute of Technology should be enhanced and fostered for the acceleration of further progress in Arkansas;

“Now, therefore… .”

Effective Dates. Acts 1965, No. 443, § 9: Mar. 20, 1965. Emergency clause provided: “It is hereby found and determined by the General Assembly that Arkansas is rapidly changing from an agricultural economy to an industrial economy; that it is essential to the industrial growth of Arkansas that adequate facilities be provided in this State for providing instruction, research and training in the physical and natural sciences, engineering and technological fields, and for coordinating statewide research activities in order to avoid duplication of efforts; that the Arkansas Center for Research, Education and Technical Extension created by this Act will provide such facilities, research and training, and that this Act is immediately necessary in order that said facilities may be provided as soon as possible. Therefore an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in effect from the date of its passage and approval.”

6-64-901. Establishment and operation authorized.

The Board of Trustees of the University of Arkansas is authorized to establish and operate an Arkansas Center for Research, Education and Technical Extension, and Graduate Education and to provide for the location thereof in central Arkansas.

History. Acts 1965, No. 443, § 1; A.S.A. 1947, § 80-2866.

6-64-902. Divisions of center.

  1. The Arkansas Center for Research, Education and Technical Extension, and Graduate Education shall include as component divisions the Graduate Institute of Technology, the Industrial Research and Extension Center, and the Little Rock Graduate Center.
  2. As the Board of Trustees of the University of Arkansas effects the reorganization and expansion of its programs of instruction, research, and educational services, it may include other functions deemed to be related to the purposes of the Arkansas Center for Research, Education and Technical Extension, and Graduate Education.

History. Acts 1965, No. 443, § 2; A.S.A. 1947, § 80-2867.

6-64-903. Advanced instruction, research, and educational services — Purposes.

The Arkansas Center for Research, Education and Technical Extension, and Graduate Education and its faculty and staff may offer advanced instruction and engage in research and educational services in the fields of physical and natural sciences, engineering, business, economics, and social sciences and related fields for the purpose of enhancing education in, research and development about, and application of the learning available now and in the future, from the academic disciplines named above in order to meet the educational needs of Arkansas and its people and bring about the close cooperation required between education and the scientific, business, and economic growth and development in Arkansas.

History. Acts 1965, No. 443, § 3; A.S.A. 1947, § 80-2868.

6-64-904. Computer and technical library facilities.

The Board of Trustees of the University of Arkansas is authorized to include within the Arkansas Center for Research, Education and Technical Extension, and Graduate Education, for the use of all of its divisions and personnel, computer facilities and technical library facilities to support the work of the center.

History. Acts 1965, No. 443, § 4; A.S.A. 1947, § 80-2869.

6-64-905. Authority to contract to perform research services — Acceptance of grants and gifts.

  1. The authority of the Board of Trustees of the University of Arkansas to enter into agreements for the performance by the Arkansas Center for Research, Education and Technical Extension, and Graduate Education of contract research for governmental bodies, private industries, private development organizations, and persons, firms, and associations engaged in industrial development, business, natural resource development and use, planning, and related activities is fully recognized.
  2. The board may also accept public or private grants, gifts, and donations for the use of the center.

History. Acts 1965, No. 443, § 5; A.S.A. 1947, § 80-2870.

6-64-906. Research guidance and assistance to government, education, and business interests.

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

History. Acts 1965, No. 443, § 6; A.S.A. 1947, § 80-2871.

6-64-907. Expansion and reorganization to be from surplus financial resources — Authorized use of resources.

  1. The expansion and reorganization provided for in this subchapter shall be effected by the Board of Trustees of the University of Arkansas as additional financial resources become available to it above the level of financial requirements for its present programs, including the Graduate Institute of Technology, the Industrial Research and Extension Center, and the Little Rock Graduate Center.
  2. Financial resources made available may be used for maintenance, operation, personnel services, construction of facilities, and improvement of the Arkansas Center for Research, Education and Technical Extension, and Graduate Education.

History. Acts 1965, No. 443, § 7; A.S.A. 1947, § 80-2872.

6-64-908. Leases and contracts authorized.

The Board of Trustees of the University of Arkansas is authorized to negotiate leases and enter into contracts with private and public agencies or organizations for the establishment of research and development facilities.

History. Acts 1965, No. 443, § 8; A.S.A. 1947, § 80-2873.

Subchapter 10 — Finances

Cross References. Method of presenting claims, § 25-17-102.

Preambles. Acts 1945, No. 286 contained a preamble which read:

“Whereas, Arkansas is represented in intercollegiate football competition with teams of all sections of the nation by the University of Arkansas; and

“Whereas, it is essential to the success of the University teams that the many outstanding athletes developed in the State's High Schools attend the University and participate in its athletics program; and

“Whereas, the boys who make up University teams are entitled to the best possible instruction to enable them to complete credentials with other Universities;

“Whereas, Glen Rose, in 1944, his first year as head football coach attracted much favorable comment to his home State and his Alma Mater by producing a team that performed with notable success in and out of the Southwest Conference, despite the fact that most of the institutions which his team encountered included on their teams many Navy trainees, while Arkansas' squad was made up necessarily of players classified 4-F by Selective Service or else too young to be drafted; and

“Whereas, continued success by Coach Rose inevitably will lead to tempting offers from other schools; and, whether or not he should choose to remain at the University of Arkansas, it is necessary that the institution be in position to provide its teams with as excellent coaching as can be had… .”

Effective Dates. Acts 1901, No. 126, § 3: effective on passage.

Acts 1915, No. 289, § 16: approved Mar. 27, 1915. Emergency declared.

Acts 1945, No. 286, § 6: approved Mar. 20, 1945. Emergency clause provided: “It is a matter of vital concern to the students of the University of Arkansas, to their parents, and to the taxpayers who maintain the University, that the head football coach always be one who commands respect in this State and elsewhere, who instills in players a proper attitude of wholesome sportsmanship and who is capable of instructing them with such proficiency that the entire State will take pride in their records; therefore, the General Assembly finds and declares that an emergency exists and that this act, being necessary for the preservation of the public peace, health and safety shall be in full force and effect immediately upon its passage.”

Acts 1973, No. 200, § 5: Mar. 2, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly that the transportation policy of the State of Arkansas will be fostered and that sound economic conditions in transportation, vitally important in the regulation thereof, will result if immediate steps are undertaken to enhance transportation through studies, research, industry seminars, and similar educational activities relating to that subject; and whereas it is highly important to the achievement of these purposes that these activities be undertaken immediately so that the results thereof may be put into practical application at an early date; now therefore, it has been found, and is hereby declared by the General Assembly of the State of Arkansas that it is imperative that this Act become effective immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall take effect and be in full force from and after its passage and approval.”

Acts 1995, No. 1161, § 18: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 2007, No. 1257, § 31: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2007 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2007 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2007.”

6-64-1001. Penalty.

Any officer or employee who shall violate any of the provisions of § 6-64-213 or §§ 6-64-10056-64-1009 shall be guilty of a violation and fined any sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) and immediately removed from office.

History. Acts 1915, No. 289, § 15; C. & M. Dig., § 9560; Pope's Dig., § 13209; A.S.A. 1947, § 80-2847; Acts 2005, No. 1994, § 72.

6-64-1002. Application of funds for specified purposes only.

The General Assembly, in appropriating moneys for the benefit of the University of Arkansas, shall specify the precise amount that it intends to appropriate for each and every purpose, and the Board of Trustees of the University of Arkansas shall apply each sum as thus directed, and in no other way.

History. Acts 1883, No. 30, § 1, p. 52; C. & M. Dig., § 9561; Pope's Dig., § 13210; A.S.A. 1947, § 80-2848.

Publisher's Notes. Acts 1945, No. 249, provided:

“Whereas, by acceptance of the grant of the United States, as provided by the Act of Congress, approved July 2, 1862, entitled, “An Act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts”, the State of Arkansas convenanted to invest the moneys, derived from the grants of land so received, in interest bearing obligations of the State of Arkansas or the United States of America; and

“Whereas, the University of Arkansas was designated as the college to receive the endowment, which is now represented by $132,666.67 principal amount of bonds of the State of Arkansas, known as University of Arkansas Endowment Fund Bonds maturing on July 1, 1947; and

“Whereas, by reason of the improved financial condition of the State of Arkansas, the time is opportune (1), to reduce the bonded debt of the State of Arkansas and (2), to invest the University of Arkansas Endowment Fund in long term interest-bearing direct obligation bonds of the United States;

“NOW THEREFORE,

Be It Enacted by the General Assembly of the State of Arkansas:

“Section 1. The State Board of Fiscal Control, hereinafter referred to as the Board, without giving prior notice by publication of its intention of so doing, is hereby authorized and empowered, by use of the moneys and for the purposes hereafter in this Act provided, to subscribe to and purchase not to exceed $132,700.00 principal amount of direct interest bearing obligations of the United States of America from the United State's Treasury Department, or its duly authorized fiscal officers, in those instances where the securities are part of a new issue and the original offering price does not exceed par and accrued interest.

“Whenever the balance in the Excess Par Value Bond Account, which shall hereafter be known as the Securities Reserve Fund, shall exceed $100,000.00, the Board may, by resolution duly adopted, use not to exceed $132,700.00 of the said balance in excess of $100,000.00 in making the purchases hereinbefore provided.

“All obligations purchased under the provisions of this Act shall be delivered to the Treasurer of State and shall, by said Treasurer, be held in trust in and for the benefit of the University of Arkansas Endowment Fund. Upon receipt of the obligations so purchased by the Board, the Treasurer of State shall cancel, by perforation, an equal principal amount of University of Arkansas Endowment Fund Bonds. Provided, after retirement in the manner hereinbefore provided of all other bonds of the issue, the Treasurer of State shall cancel University of Arkansas Endowment Fund bond number 133 for $666.67 principal amount, upon receipt from the Board of $700.00 principal amount of United States Treasury bonds.

“All interest received on the obligations so purchased shall, by the Treasurer of State, be deposited in the University of Arkansas Fund, and shall be expended for the use and benefit of the University of Arkansas as its Board of Trustees shall direct. In the event the interest derived each year from investments in the University of Arkansas Endowment Fund amounts to less than $6,633.34, the Treasurer of State shall transfer from the State Sinking Fund to the University of Arkansas fund such amounts as may be necessary to make the total income from interest, plus the transfers thus provided for, equal $6,633.34.

“Section 2. For the purpose of making all or a portion of the moneys available for investment, as herein provided, the Treasurer of State shall, upon resolution of the Board, transfer from the State Sinking Fund to the Securities Reserve Fund such amounts as may be set forth in said resolution. Provided, the Board shall not authorize the transfer of any moneys from the State Sinking Fund to the Securities Reserve Fund which are pledged for the payment of the principal of or interest on any other bonds which are a charge against the said State Sinking Fund.

“Section 3. There is hereby appropriated, to be payable from any moneys in the Securities Reserve Fund in excess of $100,000.00, for the fiscal year beginning July 1, 1945 and ending June 30, 1946, to be used in purchasing United States Treasury Bonds for the purposes herein provided, the sum of $132,700.00. Provided, any unexpended balance in the appropriation on June 30, 1946 shall, upon resolution of the Board, be brought forward and made available for such purposes during the fiscal year beginning July 1, 1946 and ending June 30, 1947.”

“Section 4. In the event all University of Arkansas Endowment Fund Bonds shall not have been retired on or before July 1, 1947, the maturity date thereof, the Board shall, from time to time, extend the maturity date of such outstanding bonds, but no single extension shall be for more than one year.

“Section 5. The following laws or parts of laws enacted by the General Assembly of the State of Arkansas are hereby repealed; Act 149, approved May 23, 1901 (Sections 13132, 13133 and 13134 of Pope's Digest); Act 208, approved May 23, 1901 (Sections 13135 and 13136 of Pope's Digest); and, Act 252, approved March 16, 1917 (Sections 11966 to 11970, inclusive, of Pope's Digest).”

Acts 1945, No. 249 was approved March 20, 1945.

6-64-1003. Bond given United States to secure use of arms for military.

  1. The Board of Trustees of the University of Arkansas or the President of the University of Arkansas may cause a bond to be executed to the United States, or to any person designated by the United States Department of Defense, for the purpose of securing the use of arms and accoutrements for the military department of the University of Arkansas and for the return of the arms and accoutrements.
  2. The bond may be executed by any guaranty or surety company acceptable to the United States for such amount and on such conditions as may be required, and the costs of executing the bond shall be paid from any funds of the university not otherwise appropriated.

History. Acts 1901, No. 126, §§ 1, 2, p. 196; C. & M. Dig., § 9531; Pope's Dig., § 13154; A.S.A. 1947, §§ 80-2828, 80-2829.

6-64-1004. [Repealed.]

Publisher's Notes. This section, concerning the Athletics Instruction Fund, was repealed by Acts 2015, No. 344, § 10. The section was derived from Acts 1945, No. 286, §§ 1-5; A.S.A. 1947, §§ 80-2836 — 80-2840.

6-64-1005. Employees to file monthly accounts.

Each employee of the University of Arkansas shall present his or her account at the end of each month to the financial officer of the university, which account, when allowed, shall be so endorsed and filed with the Auditor of State, who shall draw his or her warrant on the Treasurer of State for the sum due, which shall be paid by the Treasurer of State out of any funds appropriated for that purpose.

History. Acts 1915, No. 289, § 9; C. & M. Dig., § 9554; Pope's Dig., § 13203; A.S.A. 1947, § 80-2841.

6-64-1006. Dealers' accounts.

  1. All persons who shall sell any goods, wares, merchandise, or supplies of any character for the use of the University of Arkansas or any of its departments, or who shall perform any services for the university or any of its departments the costs for which shall be charged against the university shall be required at the end of each month, or more often, to present to the financial officer of the university an itemized account.
    1. The claimant or his or her agent shall append to his or her demand an affidavit of its justice, which shall be immediately examined by the financial officer of the university.
    2. If found correct, the claim shall forthwith be marked correct and shall then be forwarded by the financial officer of the university to the Auditor of State, and filed by him or her, and he or she shall draw his or her warrant on the Treasurer of State for such sum due, which shall be paid by the Treasurer of State out of any funds appropriated for the purpose.
  2. All accounts filed for goods or supplies furnished shall be made in duplicate and in itemized form, and a copy shall be retained in the office of the financial officer of the university. Another copy shall be filed with the Auditor of State as a permanent record.

History. Acts 1915, No. 289, §§ 10, 11; C. & M. Dig., §§ 9555, 9556; Pope's Dig., §§ 13204, 13205; A.S.A. 1947, §§ 80-2842, 80-2843.

6-64-1007. Statement to be itemized for allowance and payment.

No claim whatsoever against the University of Arkansas or any of its departments shall be allowed or paid from any of the funds appropriated by the state in any other manner than provided in this subchapter, and the Auditor of State is forbidden to draw warrants on the Treasurer of the State for the payment of any moneys on any account for or against the university, except upon an itemized statement and in the manner prescribed in this subchapter.

History. Acts 1915, No. 289, § 12; C. & M. Dig., § 9557; Pope's Dig., § 13206; A.S.A. 1947, § 80-2844.

6-64-1008. Claims allowed and ordered paid to be listed.

All claims allowed and ordered paid by the financial officer of the University of Arkansas, as provided in this subchapter, shall be listed and a copy submitted to the Board of Trustees of the University of Arkansas at each meeting for their investigation and approval.

History. Acts 1915, No. 289, § 13; C. & M. Dig., § 9558; Pope's Dig., § 13207; A.S.A. 1947, § 80-2845.

6-64-1009. Funds excepted from application of §§ 6-64-1006 — 6-64-1008.

The provisions of §§ 6-64-10066-64-1008 shall not apply to student fees, student deposits, and other sums collected at the University of Arkansas at Fayetteville, nor to any funds except those held in the State Treasury for the use of the University of Arkansas.

History. Acts 1915, No. 289, § 14; C. & M. Dig., § 9559; Pope's Dig., § 13208; A.S.A. 1947, § 80-2846; Acts 2015, No. 344, § 11.

Amendments. The 2015 amendment deleted “the Student Labor Fund appropriated by the General Assembly, nor to” preceding “student fees” and deleted “However, not more than one thousand dollars ($1,000) shall be drawn at any one (1) time from the State Treasury for this purpose” at the end.

6-64-1010. Funding of transportation research and education program.

All funds received by the University of Arkansas under the provisions of Acts 1973, No. 200, § 2, and other funds heretofore made available to the university from the State Highway and Transportation Department Fund of the State Highway Commission for the funding of a program of research and education in transportation shall be deposited by the Board of Trustees of the University of Arkansas into an endowment trust fund, the principal of which shall be kept intact and the income from which shall be used to establish, operate, and maintain research and educational programs in transportation.

History. Acts 1973, No. 200, § 3; A.S.A. 1947, § 80-2892.

Publisher's Notes. Acts 1973, No. 200, § 2, appropriated funds for the establishment of an endowment fund for the establishment, operation, and maintenance of research and educational programs in transportation at the University of Arkansas.

6-64-1011. [Repealed.]

A.C.R.C. Notes. Former § 6-64-1011, concerning the housing allowance for the Chancellor of the Little Rock campus, was deemed to be superseded. The former section was derived from Acts 1987, No. 700, § 5.

Publisher's Notes. This section, concerning the housing allowance for the Chancellor of the University of Arkansas at Little Rock, was repealed by Acts 1999, No. 240, § 5. The section was derived from Acts 1989 (1st Ex. Sess.), No. 114, § 5.

6-64-1012. Additional compensation for athletic department.

In recognition of the extra work involved in the participation of intercollegiate athletic teams in post-season competition, and to promote exceptional achievement in the total sports program, the Chancellor of the University of Arkansas at Fayetteville, in accordance with policies issued by the Board of Trustees of the University of Arkansas, may approve additional compensation of up to one (1) month's salary for the athletic department and band personnel when any athletic team participates in post-season competition or achieves exceptional recognition, which shall be in addition to the regular salaries authorized by law, provided that the additional compensation shall be paid from contributions from sources other than public funds.

History. Acts 1995, No. 1161, § 10.

A.C.R.C. Notes. Acts 2013, No. 1031, § 19, provided: “SPECIAL ALLOWANCES.

For the purpose of providing necessary allowances for housing and other unusual expenses incurred by or on behalf of the athletic director, associate and assistant athletic directors, head coaches, assistant coaches, offensive coordinators, defensive coordinators, and head trainers in the Athletic Department at the University of Arkansas, Fayetteville, the Board of Trustees may make special allowances available therefore in such amounts as the Board of Trustees may determine as justified, an equitable allowance in view of the unusual and exacting duties of said athletic directors, associate and assistant athletic directors, head coaches, assistant coaches, offensive coordinators, defensive coordinators, and head trainers in the Athletic Department at the University of Arkansas, Fayetteville, and for the purpose of providing such allowances, the Board of Trustees is authorized to expend from the auxiliary income of the University of Arkansas, Fayetteville, which is derived from athletic event receipts, or from contributions from sources other than state funds, an amount not to exceed ten thousand dollars ($10,000) each for such purposes during each fiscal year for the athletic directors, associate athletic directors, and head coaches, and an amount not to exceed one thousand dollars ($1,000) each for the assistant athletic directors, assistant coaches, offensive coordinators, defensive coordinators, and head trainers. Any such allowances authorized in this section shall be in addition to the regular salaries of such individuals. Further, if the special allowance funds authorized herein are utilized the University of Arkansas, Fayetteville shall report annually to the Arkansas Legislative Joint Auditing Committee the exact disposition of those special allowance funds. In recognition of the extra work involved in the participation of intercollegiate athletic teams in post-season competition, and to promote exceptional achievement in the total sports program, the Chancellor of the University of Arkansas, Fayetteville, in accordance with policies issued by the Board of Trustees of the University of Arkansas, may approve additional compensation of up to one month's salary for the Athletic Department and Band personnel when any athletic team participates in post-season competition or achieves exceptional recognition, which shall be in addition to the regular salaries authorized by law, provided that the additional compensation shall be paid from contributions from sources other than public funds.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2013, No. 1031, § 20, provided: “ADDITIONAL PAYMENTS AUTHORIZED.

The Board of Trustees of the University of Arkansas is hereby authorized to make additional payments to head and assistant coaches at the University of Arkansas, Fayetteville, from revenues generated by contracts with vendors of athletic apparel, shoes, multimedia rights, and other products in such amounts as may be established by the Board of Trustees for performance by the coaches of consulting and other obligations pursuant to contracts between the University and such vendors. Such additional payments to head and assistant coaches shall not be considered salary and shall not be deemed or construed to exceed the maximum salaries established for such coaches by the General Assembly. Nothing in this section shall be construed to reduce or eliminate the authority granted elsewhere in Arkansas statutes for the payment of allowances or bonuses to coaches at the University of Arkansas, Fayetteville.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 258, § 22, provided:

“SPECIAL ALLOWANCES. For the purpose of providing necessary allowances for housing and other unusual expenses incurred by or on behalf of the athletic director, associate and assistant athletic directors, head coaches, assistant coaches, offensive coordinators, defensive coordinators, and head trainers in the Athletic Department at the University of Arkansas, Fayetteville, the Board of Trustees may make special allowances available therefore in such amounts as the Board of Trustees may determine as justified, an equitable allowance in view of the unusual and exacting duties of said athletic directors, associate and assistant athletic directors, head coaches, assistant coaches, offensive coordinators, defensive coordinators, and head trainers in the Athletic Department at the University of Arkansas, Fayetteville, and for the purpose of providing such allowances, the Board of Trustees is authorized to expend from the auxiliary income of the University of Arkansas, Fayetteville, which is derived from athletic event receipts, or from contributions from sources other than state funds, an amount not to exceed ten thousand dollars ($10,000) each for such purposes during each fiscal year for the athletic directors, associate athletic directors, and head coaches, and an amount not to exceed one thousand dollars ($1,000) each for the assistant athletic directors, assistant coaches, offensive coordinators, defensive coordinators, and head trainers. Any such allowances authorized in this section shall be in addition to the regular salaries of such individuals. Further, if the special allowance funds authorized herein are utilized the University of Arkansas, Fayetteville shall report annually to the Arkansas Legislative Joint Auditing Committee the exact disposition of those special allowance funds. In recognition of the extra work involved in the participation of intercollegiate athletic teams in post-season competition, and to promote exceptional achievement in the total sports program, the Chancellor of the University of Arkansas, Fayetteville, in accordance with policies issued by the Board of Trustees of the University of Arkansas, may approve additional compensation for the Athletic Department and Band personnel when any athletic team participates in post-season competition or achieves exceptional recognition, which shall be in addition to the regular salaries authorized by law, provided that the additional compensation shall be paid from contributions from sources other than public funds.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2014, No. 258, § 23, provided:

“ADDITIONAL PAYMENTS AUTHORIZED. The Board of Trustees of the University of Arkansas is hereby authorized to make additional payments to head and assistant coaches at the University of Arkansas, Fayetteville, from revenues generated by contracts with vendors of athletic apparel, shoes, multimedia rights, and other products in such amounts as may be established by the Board of Trustees for performance by the coaches of consulting and other obligations pursuant to contracts between the University and such vendors. Such additional payments to head and assistant coaches shall not be considered salary and shall not be deemed or construed to exceed the maximum salaries established for such coaches by the General Assembly. Nothing in this section shall be construed to reduce or eliminate the authority granted elsewhere in Arkansas statutes for the payment of allowances or bonuses to coaches at the University of Arkansas, Fayetteville.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 237, § 13, provided:

“SPECIAL ALLOWANCES. For the purpose of providing necessary allowances for housing and other unusual expenses incurred by or on behalf of the athletic director, associate and assistant athletic directors, head coaches, assistant coaches, offensive coordinators, defensive coordinators, and head trainers in the Athletic Department at the University of Arkansas, Fayetteville, the Board of Trustees may make special allowances available therefore in such amounts as the Board of Trustees may determine as justified, an equitable allowance in view of the unusual and exacting duties of said athletic directors, associate and assistant athletic directors, head coaches, assistant coaches, offensive coordinators, defensive coordinators, and head trainers in the Athletic Department at the University of Arkansas, Fayetteville, and for the purpose of providing such allowances, the Board of Trustees is authorized to expend from the auxiliary income of the University of Arkansas, Fayetteville, which is derived from athletic event receipts, or from contributions from sources other than state funds, an amount not to exceed ten thousand dollars ($10,000) each for such purposes during each fiscal year for the athletic directors, associate athletic directors, and head coaches, and an amount not to exceed one thousand dollars ($1,000) each for the assistant athletic directors, assistant coaches, offensive coordinators, defensive coordinators, and head trainers. Any such allowances authorized in this section shall be in addition to the regular salaries of such individuals. Further, if the special allowance funds authorized herein are utilized the University of Arkansas, Fayetteville shall report annually to the Arkansas Legislative Joint Auditing Committee the exact disposition of those special allowance funds. In recognition of the extra work involved in the participation of intercollegiate athletic teams in post-season competition, and to promote exceptional achievement in the total sports program, the Chancellor of the University of Arkansas, Fayetteville, in accordance with policies issued by the Board of Trustees of the University of Arkansas, may approve additional compensation for the Athletic Department and Band personnel when any athletic team participates in post-season competition or achieves exceptional recognition, which shall be in addition to the regular salaries authorized by law, provided that the additional compensation shall be paid from contributions from sources other than public funds.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2015, No. 237, § 14, provided:

“ADDITIONAL PAYMENTS AUTHORIZED. The Board of Trustees of the University of Arkansas is hereby authorized to make additional payments to head and assistant coaches at the University of Arkansas, Fayetteville, from revenues generated by contracts with vendors of athletic apparel, shoes, multimedia rights, and other products in such amounts as may be established by the Board of Trustees for performance by the coaches of consulting and other obligations pursuant to contracts between the University and such vendors. Such additional payments to head and assistant coaches shall not be considered salary and shall not be deemed or construed to exceed the maximum salaries established for such coaches by the General Assembly. Nothing in this section shall be construed to reduce or eliminate the authority granted elsewhere in Arkansas statutes for the payment of allowances or bonuses to coaches at the University of Arkansas, Fayetteville.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 210, § 13, provided:

“SPECIAL ALLOWANCES. For the purpose of providing necessary allowances for housing and other unusual expenses incurred by or on behalf of the athletic director, associate and assistant athletic directors, head coaches, assistant coaches, offensive coordinators, defensive coordinators, and head trainers in the Athletic Department at the University of Arkansas, Fayetteville, the Board of Trustees may make special allowances available therefore in such amounts as the Board of Trustees may determine as justified, an equitable allowance in view of the unusual and exacting duties of said athletic directors, associate and assistant athletic directors, head coaches, assistant coaches, offensive coordinators, defensive coordinators, and head trainers in the Athletic Department at the University of Arkansas, Fayetteville, and for the purpose of providing such allowances, the Board of Trustees is authorized to expend from the auxiliary income of the University of Arkansas, Fayetteville, which is derived from athletic event receipts, or from contributions from sources other than state funds, an amount not to exceed ten thousand dollars ($10,000) each for such purposes during each fiscal year for the athletic directors, associate athletic directors, and head coaches, and an amount not to exceed one thousand dollars ($1,000) each for the assistant athletic directors, assistant coaches, offensive coordinators, defensive coordinators, and head trainers. Any such allowances authorized in this section shall be in addition to the regular salaries of such individuals. Further, if the special allowance funds authorized herein are utilized the University of Arkansas, Fayetteville shall report annually to the Arkansas Legislative Joint Auditing Committee the exact disposition of those special allowance funds. In recognition of the extra work involved in the participation of intercollegiate athletic teams in post-season competition, and to promote exceptional achievement in the total sports program, the Chancellor of the University of Arkansas, Fayetteville, in accordance with policies issued by the Board of Trustees of the University of Arkansas, may approve additional compensation for the Athletic Department and Band personnel when any athletic team participates in post-season competition or achieves exceptional recognition, which shall be in addition to the regular salaries authorized by law, provided that the additional compensation shall be paid from contributions from sources other than public funds.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2016, No. 210, § 14, provided:

“ADDITIONAL PAYMENTS AUTHORIZED. The Board of Trustees of the University of Arkansas is hereby authorized to make additional payments to head and assistant coaches at the University of Arkansas, Fayetteville, from revenues generated by contracts with vendors of athletic apparel, shoes, multimedia rights, and other products in such amounts as may be established by the Board of Trustees for performance by the coaches of consulting and other obligations pursuant to contracts between the University and such vendors. Such additional payments to head and assistant coaches shall not be considered salary and shall not be deemed or construed to exceed the maximum salaries established for such coaches by the General Assembly. Nothing in this section shall be construed to reduce or eliminate the authority granted elsewhere in Arkansas statutes for the payment of allowances or bonuses to coaches at the University of Arkansas, Fayetteville.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

6-64-1013. Diagnostic laboratory services.

  1. The Division of Agriculture of the University of Arkansas may promulgate rules concerning services performed by its diagnostic laboratories.
    1. A fee structure may be designed and maintained by the division for the purpose of defraying the cost of diagnostic services.
      1. The fees collected shall be deposited into the State Treasury as special revenues and shall be credited to the University of Arkansas Fund to be used exclusively for the diagnostic laboratories of the division.
      2. Before the close of each fiscal year, the Chief Fiscal Officer of the State shall determine the amount of moneys which shall remain at the end of the fiscal year in the account from fees collected under the provisions of this section and shall allow the moneys to be carried forward and made available for the same purposes in the next succeeding fiscal year.
  2. Effective July 1, 2005, all duties, functions, records, property, obligations, personnel, and authority to levy and collect diagnostic and laboratory fees, pursuant to §§ 2-33-111 and 2-33-112, for the Springdale Laboratory of the Arkansas Livestock and Poultry Commission are hereby transferred by a Type 2 transfer from the Arkansas Livestock and Poultry Commission to the Division of Agriculture of the University of Arkansas.

History. Acts 2005, No. 1374, § 1; 2007, No. 1257, § 27; 2009, No. 1427, § 26.

Amendments. The 2009 amendment made no changes to this section.

Subchapter 11 — College of Information Science and Systems Engineering

Effective Dates. Acts 1999, No. 1447, § 6: Apr. 15, 1999. Emergency clause provided: “It is hereby found and determined by the General Assembly that there exists a significant shortfall in postsecondary education for persons seeking to become highly skilled in the use of information technology; this act is designed to address that shortfall; and that until this act goes into effect, the shortfall will not be addressed and the citizens of this state will continue to seek educational opportunities in other states. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

6-64-1101. Legislative findings.

  1. It has been determined that there is a significant shortfall in postsecondary education for persons seeking to become highly skilled in the use of information technology, which affects our entire economy. In fact, American employment in these fields has tripled in the last decade. Without action to meet the broad-based demand for a skilled and highly educated work force by industries involved in manufacturing, services, transportation, health care, education, government, and information systems, severe consequences could accrue to Arkansas' competitiveness and economic growth. By providing our citizens with the opportunity to acquire a high level of education in this discipline, job creation will result as firms locate and expand in Arkansas. These industries will form an important component in Arkansas' economy in the next century. To accomplish this goal, we must establish a new college of information science and systems engineering and form a partnership between the university, public schools, and the private sector so that the public schools may be best prepared to give the training necessary to students prior to entering college and so that the colleges are prepared to build on that training to provide the potential employees for companies which are currently located in this state or which we are attempting to attract to this state.
  2. The enhancement of educational opportunities in Arkansas in the field of information technologies and the development of a public and private partnership between the universities and the knowledge-based businesses will help assure that our graduates and their families will have the best opportunity to remain in this state in productive and rewarding careers. Furthermore, the program envisioned by this subchapter will help both traditional students and nontraditional students. It will provide traditional students with liberal arts majors an avenue to enhance their value and their ability to grow into future jobs, and it will offer majors to those who wish to specialize exclusively in the information technology fields. Nontraditional students will be given an option to continue their education in a field that will allow them more flexibility in today's job markets.

History. Acts 1999, No. 1447, §§ 1, 2.

6-64-1102. Creation.

  1. There is hereby created within the University of Arkansas at Little Rock a College of Information Science and Systems Engineering designed to accomplish the purposes set forth in § 6-64-1101.
  2. Cooperative efforts are anticipated with other two-year and four-year postsecondary state institutions. These efforts may include, but not be limited to, the creation of distance learning centers and semi-smart classrooms and the establishment of a formal bridge consisting of such elements as joint degree programs and jointly appointed faculties.
  3. The institutions shall enter into continued dialogue with the private sector to seek input as to the type of training that will be most beneficial to industry and, therefore, make the graduates most marketable.

History. Acts 1999, No. 1447, § 2.

6-64-1103. Funding.

In addition to funds appropriated by the General Assembly to fulfill the purposes of this subchapter, the University of Arkansas at Little Rock may also seek funding from the federal government and the private sector, both profit and nonprofit.

History. Acts 1999, No. 1447, § 2.

Subchapter 12 — Training of Law Enforcement Officials and Jail Personnel

6-64-1201, 6-64-1202. [Repealed.]

A.C.R.C. Notes. The repeal of § 6-64-1201 by Acts 2017, No. 423, § 3, superseded the amendment of this section by Acts 2017, No. 913, § 24. Acts 2017, No. 913, § 24 substituted “Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services” for “Division of Behavioral Health Services” in (1). The repeal of § 6-64-1202 by Acts 2017, No. 423, § 3, superseded the amendment of this section by Acts 2017, No. 913, § 25. Acts 2017, No. 913, § 25 substituted “Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services” for “Division of Behavioral Health Services” at the end of (b)(2)(B).

Publisher's Notes. These sections, concerning definitions and the creation and duties of the Law Enforcement Training Committee, were repealed by Acts 2017, No. 423, §§ 3, 4. The sections were derived from the following sources:

6-64-1201. Acts 2007, No. 1013, § 1, 2017, No. 913, § 24.

6-64-1202. Acts 2007, No. 1013, § 1, 2017, No. 913, § 25.

Chapter 65 Agricultural Colleges

Subchapter 1 — General Provisions

Cross References. Authorization for college extension courses, § 6-60-401 et seq.

Cooperative education program in state government, § 21-3-501 et seq.

Regulations as to establishment of branch campuses, § 6-61-303.

Effective Dates. Acts 1909, No. 100, § 12: effective on passage.

Acts 1911, No. 426, § 10: approved, except items vetoed, June 1, 1911. Emergency declared.

Acts 1913, No. 215, § 9: approved Mar. 29, 1913. Emergency declared.

Acts 1915, No. 279, § 8: approved Mar. 27, 1915.

Acts 1917, No. 467, § 8: approved Mar. 28, 1917. Emergency clause provided: “This Act being necessary for the immediate preservation of the public peace, health and safety, shall be in force from and after its passage.”

Acts 1923, No. 229, § 3: effective on passage. Emergency declared.

Acts 1925, No. 45, § 4: Feb. 10, 1925. Emergency clause provided: “This act being necessary for the preservation of the public peace, health and safety an emergency is declared to exist, and this act shall be in full force and effect from and after its passage and approval.”

Acts 1943, No. 1, § 9: Jan. 14, 1943. Emergency clause provided: “It is hereby found and declared that amendment No. 33 to the Constitution of the State of Arkansas, which will become effective on January 15, 1943, provides that the General Assembly shall arrange the terms of office of the members of boards charged with the management or control of all charitable, penal or correctional institutions and institutions of higher learning of the State of Arkansas in such manner that the term of office of one member of said board shall expire each year and that said amendment further provides that the unexpired terms of members serving on the effective date of the amendment shall not be decreased; and, it is further found and declared that the terms of members of all of said Boards do not expire in a manner which will make operative all of the provisions of said amendment. It is found, therefore, that delay in the effective date of this act will create confusion by reason of the uncertain status of present board members, and, that in order to preserve the public peace, health and safety, an emergency is hereby declared to exist, and this act shall take effect and be in full force from and after its passage and approval.”

Acts 1971, No. 84, § 5: Feb. 12, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly that the restructuring of the counties comprising the four districts of the State established for the regional colleges of this State are in need of restructuring in order to enable said districts to consist of counties contiguous to and served by the respective district colleges, and that only by immediate passage of this Act may these objectives be accomplished. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1973, No. 23, § 2: Jan. 30, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Boards of Trustees of the Agricultural and Mechanical Colleges of this State are appointed from the Agricultural and Mechanical Districts of this State, that the Agricultural and Mechanical Colleges of this State attract students from all parts of this State, and that the area from which a member of a Board of Trustees is appointed should be expanded to give broader representation on such boards; and only by the immediate operation of this Act may this end be accomplished. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety, shall take effect and be in full force from and after its passage and approval.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 634, § 3: Mar. 24, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Code contains language that is obsolete; that other states with similar obsolete language have been forced to engage in legal matters relating to the oversight; and that this act is immediately necessary because a delay in implementation would cause a disruption in the educational programs of this state and the ability to provide certain agricultural related programs. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-65-101. State divided into districts.

For the purpose of this chapter, the State of Arkansas is divided into the following districts:

  1. The First District shall be composed of the counties of Baxter, Fulton, Sharp, Randolph, Clay, Greene, Lawrence, Izard, Stone, Independence, Jackson, Craighead, Poinsett, Mississippi, Crittenden, Cross, St. Francis, Woodruff, White, and Cleburne;
  2. The Second District shall be composed of the counties of Marion, Boone, Carroll, Benton, Washington, Madison, Newton, Searcy, Van Buren, Conway, Pope, Johnson, Franklin, Crawford, Sebastian, Logan, Yell, Perry, Scott, Faulkner, Fulton, Stone, Cleburne, Izard, Saline, Montgomery, Polk, Pulaski, Garland, and Baxter; and
  3. The Third District shall be composed of the counties of Polk, Montgomery, Garland, Saline, Pulaski, Hot Spring, Pike, Howard, Sevier, Little River, Hempstead, Clark, Nevada, Ouachita, Columbia, Lafayette, Miller, and Union.

History. Acts 1909, No. 100, § 1, p. 295; C. & M. Dig., § 9603; Pope's Dig., § 12950; Acts 1971, No. 84, § 1; 1973, No. 23, § 1; A.S.A. 1947, § 80-3101.

Publisher's Notes. Acts 1909, No. 100, § 1, as amended, provided, in part, that the fourth agricultural and mechanical college district would be composed of the counties of Lonoke, Prairie, Monroe, Lee, Phillips, Arkansas, Jefferson, Grant, Dallas, Cleveland, Lincoln, Desha, Drew, Bradley, Calhoun, Ashley and Chicot.

Case Notes

Cited: Davis v. Board of Trustees, 270 F. Supp. 528 (E.D. Ark. 1967).

6-65-102. School established in each district — Courses of study.

  1. Within each of the districts established in § 6-65-101, there shall be a state agricultural school in which shall be taught agriculture, horticulture, mechanical arts, home economics, and the art of textile manufacturing.
  2. The colleges shall have the same educational status.
  3. The course of study shall be provided by the trustees of each school and shall consist of at least practical experiment, treatises, or lectures on agriculture and horticulture. There shall be established in connection therewith a textile school in which shall be taught the art of cotton manufacturing, and other textile manufacturing, should the board of trustees deem it expedient.

History. Acts 1909, No. 100, §§ 2, 6, p. 295; 1925, No. 45, § 3; C. & M. Dig., §§ 9604, 9608; Pope's Dig., §§ 12951, 12955, 12969; A.S.A. 1947, §§ 80-3102, 80-3104, 80-3108.

Case Notes

Cited: Davis v. Board of Trustees, 270 F. Supp. 528 (E.D. Ark. 1967).

6-65-103. Boards of trustees.

  1. Each board of trustees shall elect one (1) of its members president, one (1) vice president, and one (1) secretary.
    1. Each board shall meet upon call of the president.
    2. The board meetings shall be held at the school.
    3. A majority shall constitute a quorum to do business.
    1. Members of the boards provided for in §§ 6-65-201 and 6-65-301 may receive expense reimbursement in accordance with § 25-16-901 et seq.
    2. All expenses shall be certified by the president or vice president, attested by the secretary, to the Auditor of State and paid out of the appropriations provided by the General Assembly.
  2. The boards of the agricultural schools are authorized to prescribe the courses of study and grant certificates, diplomas, and degrees therefor.
  3. Each board shall make a report to the General Assembly every two (2) years, giving an itemized statement showing the amount of each appropriation for each item and how and for what purpose it was expended.
  4. If any board of any agricultural school or any member of the board of any agricultural school violates any of the provisions of § 6-65-110 or any other law of the state, the violation shall ipso facto vacate the office or offices of the one or ones so violating the law, and the Governor shall at once be notified of the violation and shall at once appoint someone to fill the vacancy or vacancies.

History. Acts 1909, No. 100, § 5, p. 295; 1911, No. 426, § 7, p. 372; 1917, No. 467, § 7, p. 2151; 1925, No. 45, § 1; C. & M. Dig., § 9607; Pope's Dig., §§ 12954, 12967; Acts 1943, No. 1, § 7; A.S.A. 1947, §§ 7-206, 80-3103, 80-3107; Acts 1997, No. 250, § 32.

Publisher's Notes. Those provisions of Acts 1943, No. 1 which established honorary boards and commissions governing various state institutions are codified in full as § 25-17-201 et seq. and are codified with respect to particular institutions in this section and §§ 6-43-101, 6-43-102, 6-65-201, 6-65-202, 6-65-301, 6-65-302, 6-66-101, 6-66-102, 6-67-102, and 6-67-103.

Cross References. Meetings required to be held once during each quarterly period, § 25-17-208.

Case Notes

Legal Entity.

The Arkansas Agricultural and Mechanical College (now University of Arkansas at Monticello) is a body politic with a board vested in corporate powers and as such may sue and be sued as a legal entity. Davis v. Board of Trustees, 270 F. Supp. 528 (E.D. Ark. 1967), aff'd, 396 F.2d 730 (8th Cir. Ark. 1968).

Cited: Starnes v. Sadler, 237 Ark. 325, 372 S.W.2d 585 (1963); Davis v. Board of Trustees, 270 F. Supp. 528 (E.D. Ark. 1967).

6-65-104. Rural school teachers' training departments.

  1. The board of trustees of each of the agricultural schools are given permission to provide in each of the schools a department for the training of rural school teachers. However, the provisions of this section shall not apply to Arkansas Tech University.
    1. The courses of study in the rural teachers' training department in each of the schools shall be uniform in character and may provide adequate instruction in the teaching of agriculture and subjects pertaining to rural life.
    2. These courses shall be outlined by a committee consisting of the principal of each of the agricultural schools, the President of the University of Central Arkansas, and the Commissioner of Elementary and Secondary Education and the Director of the Division of Career and Technical Education.
    3. The curriculum shall be sufficiently comprehensive to satisfactorily prepare the teachers to meet the requirements of all characters and grades of license necessary to enable them to teach in the rural schools of Arkansas.

History. Acts 1923, No. 229, §§ 1, 2; 2019, No. 910, § 2011.

Amendments. The 2019 amendment, in (b)(2), substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Division of Career and Technical Education” for “Department of Career Education”.

6-65-105. Tuition — Admissions.

  1. The tuition in each school shall be determined by the board of trustees.
  2. The trustees may limit the number of students from time to time according to the capacity and means of the institution and shall make such rules of admission as to equalize, as nearly as practicable, the privileges of the school among the counties according to population.
  3. No students under fifteen (15) years of age shall be admitted as students at these schools.

History. Acts 1909, No. 100, § 9, p. 295; C. & M. Dig., § 9611; Pope's Dig., § 12958; A.S.A. 1947, § 80-3111; Acts 2003, No. 634, § 1.

Case Notes

Cited: State ex rel. Agric. Sch. Dist. No. 1 v. Craighead County, 114 Ark. 278, 169 S.W. 964 (1914).

6-65-106. Labor at schools performed by students.

All work in, on, and about schools, or on the farms, or on or in the barns connected with the schools, whether it is farming, building, care of stock, or whatever kind of work, shall be performed by students of each school under such rules for the proper divisions and alterations in the work as may be provided by the trustees.

History. Acts 1909, No. 100, § 8, p. 295; C. & M. Dig., § 9610; Pope's Dig., § 12957; A.S.A. 1947, § 80-3110; Acts 2019, No. 315, § 385.

Amendments. The 2019 amendment substituted “rules” for “regulations”.

6-65-107. Faculty and employees.

      1. The faculty of each school shall consist of:
        1. A principal, who shall be a graduate of some reputable college or university;
        2. One (1) instructor in stock raising and dairying;
        3. A competent textile instructor; and
        4. Assistants as may be necessary.
      2. The board of trustees may combine the duties of any two (2) of the above when practicable.
      1. It shall be unlawful for the board of trustees of any of the schools to employ as teachers of the natural and domestic sciences any other than graduates of agricultural colleges or colleges of domestic science.
      2. Any member of the board violating subdivision (2)(A) of this section shall be guilty of a violation and upon conviction shall be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) and shall be removed from office by the Governor.
    1. The board of any of the agricultural schools shall not employ anyone related by consanguinity or affinity within the fourth degree to any trustee.
    2. Any member of the board violating any of the provisions of subdivision (b)(1) of this section shall be guilty of a violation and upon conviction shall be fined in any sum not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) and subject to removal by the Governor.
  1. All persons, including the principal, instructors, and other employees, except those participating in the student labor funds shall be paid by warrants drawn monthly against the Auditor of State on funds appropriated for that purpose.

History. Acts 1909, No. 100, § 7, p. 295; 1913, No. 215, §§ 6, 7; 1915, No. 279, § 6; C. & M. Dig., §§ 9609, 9612, 9615, 9616; Pope's Dig., §§ 12956, 12959, 12962, 12963; Acts 1949, No. 298, § 1; A.S.A. 1947, §§ 80-3109, 80-3112, 80-3115, 80-3116; Acts 2005, No. 1994, § 73.

6-65-108. Free transportation to faculty members.

It shall be lawful for any and all railroads to give to the principals and heads of departments of the schools, and for them to accept and use, free transportation on all railroads in the state.

History. Acts 1913, No. 215, § 8; C. & M. Dig., § 9617; Pope's Dig., § 12964; A.S.A. 1947, § 80-3117.

Cross References. General Assembly to pass laws prohibiting free transportation to state officials, Ark. Const., Art. 17. § 7.

6-65-109. Cooperation of schools on research and publications.

The several agricultural schools provided for in this chapter shall cooperate by reporting to each other the results of their several experiments and shall mutually agree upon the publication of such bulletins for free distribution as they may deem to be in the best interest of those engaged in agricultural pursuits.

History. Acts 1909, No. 100, § 11, p. 295; C. & M. Dig., § 9618; Pope's Dig., § 12965; A.S.A. 1947, § 80-3118.

6-65-110. Sale of farm products — Disposition of proceeds — Reports.

  1. The proceeds from the sale of all farm products shall be deposited into the State Treasury to the credit of each of the schools and kept in a separate fund.
  2. The moneys may be drawn by warrant by the boards of trustees and expended for the upbuilding and development of the school farms and used for no other purpose if an itemized account of all sales and receipts for all disbursements of moneys is kept by the boards and is audited annually and a report of the account filed with the Governor within thirty (30) days after the audit is made.
  3. Any one (1) of the boards or any member of either of the boards, or any member of the faculty of either of the schools, who violates any part of this section shall be guilty of a violation and upon conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) for each offense or violation of this section.

History. Acts 1917, No. 467, §§ 6, 7; C. & M. Dig., § 9613; Pope's Dig., § 12960; A.S.A. 1947, § 80-3113; Acts 2005, No. 1994, § 188.

6-65-111. Rental of unused facilities authorized.

The board of trustees of each school are authorized to rent to the best advantage from time to time any portion of the property of such schools not required for the immediate use of the school.

History. Acts 1909, No. 100, § 9, p. 295; C. & M. Dig., § 9611; Pope's Dig., § 12958; A.S.A. 1947, § 80-3111.

Case Notes

Cited: State ex rel. Agric. Sch. Dist. No. 1 v. Craighead County, 114 Ark. 278, 169 S.W. 964 (1914).

6-65-112. Reports regarding appropriations.

The board of trustees of each of the agricultural schools shall make a report to the General Assembly every two (2) years, giving itemized statements showing the amount of each appropriation for each item and how and for what purpose expended.

History. Acts 1913, No. 215, § 5; C. & M. Dig., § 9614; Pope's Dig., § 12961; A.S.A. 1947, § 80-3114.

Subchapter 2 — Arkansas State University

A.C.R.C. Notes. Acts 1991, No. 596, § 5, provided:

“The Arkansas State University shall be exempt from the provisions of Arkansas Code § 19-4-1707 to the extent that Arkansas State University shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with Arkansas State University does not exceed 25% of that required for a full-time employee.”

Publisher's Notes. Acts 1925, No. 45, § 1, in part, changed the name of the first district agricultural school located in Jonesboro to the Agricultural and Mechanical College of the First District. Acts 1933, No. 222, § 5, in part, changed the name of the Agricultural and Mechanical College of the First District to Arkansas State College. Acts 1967, No. 3, § 1 and Acts 1967, No. 18, § 1 subsequently changed the name of Arkansas State College to Arkansas State University.

Effective Dates. Acts 1927, No. 132, § 12: effective on passage.

Acts 1939, No. 294, § 7: Mar. 10, 1939.

Acts 1941, No. 207, § 7: Mar. 25, 1941.

Acts 1943, No. 1, § 9: Jan. 14, 1943. Emergency clause provided: “It is hereby found and declared that amendment No. 33 to the Constitution of the State of Arkansas, which will become effective on January 15, 1943, provides that the General Assembly shall arrange the terms of office of the members of boards charged with the management or control of all charitable, penal or correctional institutions and institutions of higher learning of the State of Arkansas in such manner that the term of office of one member of said board shall expire each year and that said amendment further provides that the unexpired terms of members serving on the effective date of the amendment shall not be decreased; and, it is further found and declared that the terms of members of all of said Boards do not expire in a manner which will make operative all of the provisions of said amendment. It is found, therefore, that delay in the effective date of this act will create confusion by reason of the uncertain status of present board members, and, that in order to preserve the public peace, health and safety, an emergency is hereby declared to exist, and this act shall take effect and be in full force from and after its passage and approval.”

Acts 1947, No. 333, § 5: Mar. 28, 1947. Emergency clause provided: “Whereas the enrollment of students at the Arkansas State College has increased threefold within recent months; and whereas at the present time there are approximately six hundred veterans applying for admission to said College; and whereas the present dormitory facilities of said College are not sufficient to accommodate adequately the students now enrolled; and whereas no other facilities are available for the accommodation of students now enrolled and those seeking admission; and whereas the owners of property located adjacent to said College refuse to sell the property owned by them which is needed for the purpose of meeting the needs of said College, now, therefore, an emergency is hereby declared to exist and this Act shall be in full force and effect from and after its passage and approval.”

Acts 1967, No. 3, § 3: July 1, 1967.

Acts 1967, No. 18, §§ 3, 4: July 1, 1967. Emergency clause provided: “The General Assembly hereby finds and determines that Arkansas State College is presently performing the functions of a University and this Act is immediately necessary to properly reflect the status and functions of said institution. Therefore, an emergency is declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in effect from the date of its passage and approval.” Approved January 27, 1967.

Acts 1975, No. 398, § 5: July 1, 1975. Emergency clause provided: “It is hereby found and determined by the Seventieth General Assembly that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1975 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1975 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1975.”

Acts 1975, No. 647, § 6: Mar. 28, 1975. Emergency clause provided: “It is hereby found and determined by the Seventieth General Assembly that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1975, is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1975, could work irreparable harm upon the proper administration and providing of essential government programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 496, § 15: July 1, 1985. Emergency clause provided: “It is hereby found and determined by the Seventy-Fifth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1985 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1985 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1985.”

Acts 1995, No. 1035, § 13: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 634, § 3: Mar. 24, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Code contains language that is obsolete; that other states with similar obsolete language have been forced to engage in legal matters relating to the oversight; and that this act is immediately necessary because a delay in implementation would cause a disruption in the educational programs of this state and the ability to provide certain agricultural related programs. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 1229, § 45: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2007 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2007 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2007.”

6-65-201. Board of Trustees of Arkansas State University.

  1. There is created an honorary board constituting the Board of Trustees of Arkansas State University.
    1. The board shall consist of five (5) members appointed from the state at large.
    2. The Governor, by and with the advice and consent of the Senate, shall appoint the members of the board.
    3. The Secretary of State shall furnish a certificate to each board member within ten (10) days following appointment, whereupon the appointee shall notify the Governor and the Secretary of State in writing of his or her acceptance of the appointment within thirty (30) days, and if the appointee shall fail to give such notice of his or her acceptance within the time required, then the appointment shall be declared void and another appointment shall be made.
    1. Members of the board appointed by the Governor under the provisions of this section, in addition to possessing the qualifications of an elector, shall reside in the State of Arkansas.
      1. The Governor, Attorney General, Secretary of State, Auditor of State, Treasurer of State, Commissioner of State Lands, a Justice of the Supreme Court, and the director or employees of any state department, state agency, or state institution shall be ineligible for membership on the board provided for in this section during the time for which he or she was elected or appointed.
      2. No individual may be a member of more than one (1) of the boards created under the provisions of § 25-17-201 at the same time.
    1. The term of office for each member shall commence on January 15 and shall end on January 14 of the fifth year following the year in which the regular term commenced.
    2. On or before the fourteenth day following the commencement of each regular session of the General Assembly, the Governor shall submit to the Senate for approval the names of all unconfirmed appointments made by him or her to fill expired terms and the names of appointments to fill the terms expiring during the regular session of the General Assembly. The members appointed by the Governor to fill vacancies caused by the expiration of the terms of members may qualify and hold office until the appointments are rejected by the Senate.
  2. Vacancies on the board shall be filled by appointments by the Governor from the state at large.
  3. Any vacancies arising in the membership of the board for any reason other than the expiration of the regular terms for which the members were appointed shall be filled by the appointment of the Governor, subject to the approval by a majority of the remaining members of the board and shall be thereafter effective until the expiration of the regular terms.
    1. Before entering upon his or her respective duties, each board member shall take and subscribe and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter and that he or she will not be or become interested, directly or indirectly, in any contract made by the board.
      1. Any violation of the oath shall be a Class B misdemeanor.
      2. Any contract entered into in violation of the oath shall be void.
  4. Members of the board provided for in this section may receive expense reimbursement in accordance with § 25-16-901 et seq.
    1. The Governor shall have the power to remove any member of the board before the expiration of his or her term for cause only, after notice and hearing.
    2. The removal shall become effective only when approved in writing by a majority of the total number of the board, but the member removed or his or her successor shall have no right to vote on the question of removal.
    3. The removal action shall be filed with the Secretary of State, together with a complete record of the proceedings at the hearing.
      1. An appeal may be taken to the Pulaski County Circuit Court by the Governor or the member ordered removed, and the appeal shall be tried de novo on the record of the hearing before the Governor.
      2. An appeal may be taken from the circuit court to the Supreme Court, which shall likewise be tried de novo.

History. Acts 1943, No. 1, §§ 2, 4-7; 1967, No. 3, § 2; 1967, No. 18, § 2; A.S.A. 1947, §§ 7-201, 7-203, 7-204 — 7-206, 80-3124.1; Acts 1997, No. 250, § 33; 2005, No. 1994, § 389.

Publisher's Notes. Arkansas Constitution, Amendment 33, Section 1 provides, in part, that the terms of office for five-member boards are five years. The terms of the members of the Board of Trustees of Arkansas State University are arranged so that one term expires every year.

Those provisions of Acts 1943, No. 1 which established honorary boards and commissions governing various state institutions are codified in full as § 25-17-201 et seq. and are codified with respect to particular institutions in this section and §§ 6-43-101, 6-43-102, 6-65-103, 6-65-202, 6-65-301, 6-65-302, 6-66-101, 6-66-102, 6-67-102, and 6-67-103.

Acts 1943, No. 1, § 7, provided, in part, that as soon as practicable after January 14, 1943, the board created by this section would meet, organize, elect its officers, and transact such other business as might come before the meeting.

Case Notes

Cited: Jackson v. Bishop, 404 F.2d 571 (8th Cir. 1968); Walther v. McDonald, 243 Ark. 912, 422 S.W.2d 854 (1968).

6-65-202. Powers and duties of board.

  1. The Board of Trustees of Arkansas State University created in § 6-65-201 is charged with the management and control of Arkansas State University.
  2. The board shall have the power, authority, and duties formerly conferred by law on the board it succeeds.

History. Acts 1943, No. 1, § 3; A.S.A. 1947, § 7-202.

Publisher's Notes. Acts 1943, No. 1, § 1, in part, abolished the board or commission charged with the management or control of Arkansas State College.

Acts 1967, No. 3, § 1, and Acts 1967, No. 18, § 1, subsequently changed the name of Arkansas State College to Arkansas State University.

As to codification of Acts 1943, No. 1, see Publisher's Notes to § 6-65-201.

Case Notes

Cited: Starnes v. Sadler, 237 Ark. 325, 372 S.W.2d 585 (1963); Jackson v. Bishop, 404 F.2d 571 (8th Cir. 1968).

6-65-203. Right of eminent domain.

  1. The right of eminent domain is granted to Arkansas State University located at Jonesboro, to condemn property, wherever and whenever the acquisition of property is necessary for the use of the university. However, homesteads as of March 28, 1947, shall not be deemed to come within the provisions of this section.
  2. All suits for condemnation of property under the provisions of this section shall be brought by the university in the name of the State of Arkansas.
    1. Before any suit can be instituted, it shall be necessary for the Board of Trustees of Arkansas State University to pass a resolution to the effect that the acquisition of the property sought to be condemned is necessary for the use and benefit of the university.
    2. The resolution shall also set forth the purpose for which the lands are to be condemned, together with the legal description of the lands.
    1. Upon adoption of the resolution, the board is authorized to request the prosecuting attorney of the district in which the lands are situated to assist in instituting proper proceedings for the condemnation of the lands.
    2. In the event any prosecuting attorney is requested to institute or to assist in instituting such proceedings, it shall then be the duty of that prosecuting attorney to comply with the request of the board.
  3. It shall be the duty of the Attorney General of the State of Arkansas to handle all appeals taken to the Supreme Court of the state from any such actions.

History. Acts 1947, No. 333, §§ 1-3; A.S.A. 1947, §§ 80-3121 — 80-3123.

6-65-204. Disbursing agent — Drawing vouchers.

  1. In view of the uncertainty as to the maximum amount of funds to be realized from tax sources, the disbursing agent is directed to inform himself or herself at all times as to the condition of the cash balance to the credit of his or her institution.
  2. No voucher shall be drawn unless at the time of its execution there is sufficient credit on the Treasurer of State's books to pay the voucher when converted into a warrant and all other warrants previously issued in pursuance of vouchers executed by the disbursing agent.

History. Acts 1939, No. 294, § 5; A.S.A. 1947, § 80-3120.

6-65-205. Participation in federal or state aid authorized.

Arkansas State University is designated and directed to provide for and to participate in the educational training activities which have been or are designated, and in the funds appropriated therefor, by the federal government for the support of educational programs, for the improved preparation of teachers, both general and vocational, for the support of the Civilian Conservation Corps and Farm Security Administration or other federal agencies engaged in agricultural conservation service, for transportation of children, for improved housing, for night schools, for noncredit educational service, for rural libraries, for vocational guidance, for experimentation and research, for educational planning and demonstrations, and such other federal and state funds as may be provided for the improvement of the administration and facilities of education in the public schools of Arkansas at the elementary, secondary, and collegiate levels.

History. Acts 1941, No. 207, § 4.

A.C.R.C. Notes. The Civilian Conservation Corps and the Farm Security Administration, referred to in this section, were federal programs that no longer exist.

6-65-206. Real estate research and educational program.

There is established and shall be conducted at Arkansas State University at Jonesboro a research and educational program in real estate to be known as the “Ray Worthington Chair of Real Estate”.

History. Acts 1975, No. 647, § 1; A.S.A. 1947, § 80-3148.

Publisher's Notes. Acts 1975, No. 647, § 4, provided that the intent of the act was to replace and supersede the Verdon M. Bennett Chair of Real Estate established by Acts 1973, No. 418 with the Ray Worthington Chair of Real Estate.

6-65-207. College of Engineering Management.

  1. The General Assembly determines that:
    1. There is urgent need in the State of Arkansas to prepare persons with training and expertise in the field of engineering and the fundamentals of management;
    2. Current needs of Arkansas's diversified industry and the demands for future expansion will require engineers in managerial positions who have a broad-based education that would enable them to make managerial and administrative decisions from an engineering viewpoint;
    3. The orderly development of Arkansas in the areas of environmental control, energy recovery, waste processing, community hygiene, land utilization, and other related areas requires personnel who can translate engineering principles into effective action while performing as responsible managers;
    4. Studies have disclosed that approximately two-thirds (2/3) of engineers eventually assume managerial responsibility; and
    5. It is essential to the continued growth and development of the State of Arkansas that appropriate college-level training be provided in the state for persons in the area of engineering management.
  2. It is the intent and purpose of this section to fill this urgent need by establishing a college of engineering management at Arkansas State University at Jonesboro to provide college-level training for new entrants into the field of engineering management, in-service training for practicing engineers who will eventually assume managerial duties, for persons planning to assist municipalities with their systematic growth and development, and for other appropriate personnel in similar or related fields.
  3. There is created and established and there shall be maintained and operated at Arkansas State University at Jonesboro the College of Engineering Management.
  4. The curriculum, schedule, and administrative structure of the college shall be established and determined in the same manner as in other colleges at Arkansas State University.

History. Acts 1975, No. 398, §§ 1, 2; A.S.A. 1947, §§ 80-3149, 80-3150.

6-65-208. ASU-Beebe — Board of trustees.

The Board of Trustees of Arkansas State University is empowered to exercise any powers, rights, and obligations in regard to Arkansas State University-Beebe that it is now empowered and authorized by law to exercise in regard to Arkansas State University.

History. Acts 1955, No. 84, § 4; A.S.A. 1947, § 80-3138; Acts 2001, No. 90, § 1.

Publisher's Notes. Acts 1943, No. 1, in part, created an honorary board of management constituting the Board of Trustees of the Junior Agricultural College which succeeded to the powers and duties of the board or commission formerly charged with the management or control of the Junior Agricultural College and which was abolished by section 1 of the act.

Acts 1955, No. 84, § 1, provided that the Junior Agricultural College located at Beebe, Arkansas, would become the Beebe Branch of the Arkansas State College of the First District (now Arkansas State University). Pursuant to §§ 2 and 3 of the act, all powers, duties, obligations, property, etc. of the Board of Trustees of the Junior Agricultural College were transferred to the Board of Trustees of Arkansas State College and all contractual obligations of the Junior Agricultural College were assumed by the Beebe Branch. Facilities of the Junior Agricultural College were incorporated into the Beebe Branch pursuant to § 4 of the act.

Acts 1967, No. 3, § 1, and No. 18, § 1, changed the name of Arkansas State College to Arkansas State University.

6-65-209. ASU-Beebe — Counties composing district.

The Board of Trustees of Arkansas State University is empowered to designate the counties of Lonoke, Prairie, White, Pulaski, Grant, Saline, Cleburne, Stone, Independence, and Hot Spring as composing the district for Arkansas State University-Beebe.

History. Acts 1927, No. 132, § 3; Pope's Dig., § 12974; A.S.A. 1947, § 80-3136; Acts 2001, No. 90, § 2.

6-65-210. ASU-Beebe — Course of study.

The course of study shall be provided by the Board of Trustees of Arkansas State University and shall consist of actual experiments, treatises, or lectures on agriculture, horticulture, poultry raising, dairying, truck and small fruit growing, and their marketing.

History. Acts 1927, No. 132, § 5; Pope's Dig., § 12976; A.S.A. 1947, § 80-3139.

6-65-211. ASU-Beebe — Faculty and staff.

  1. The faculty of Arkansas State University-Beebe shall consist of:
    1. A principal, who shall be a graduate of some reputable school of agriculture and well versed in practical farming in such soils as surround the university;
    2. One (1) instructor in stock raising, poultry, and dairying, who shall have had practical work as such; and
    3. Such assistants as may be necessary.
  2. The Board of Trustees of Arkansas State University may combine the duties of any of the above when practical.

History. Acts 1927, No. 132, § 6; Pope's Dig., § 12977; A.S.A. 1947, § 80-3140; Acts 2001, No. 90, § 3.

A.C.R.C. Notes. Acts 1991, No. 1084, § 8, provides:

“The Arkansas State University — Beebe shall be exempt from the provisions of Arkansas Code § 19-4-1707 to the extent that Arkansas State University — Beebe shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with Arkansas State University — Beebe does not exceed 25% of that required for a full-time employee.”

6-65-212. ASU-Beebe — Tuition and admissions.

  1. The tuition in Arkansas State University-Beebe shall be determined by the Board of Trustees of Arkansas State University.
  2. The board may limit the number of students from time to time according to the capacity and means of the institution and shall make such rules of admission as to equalize as nearly as practical the privileges of the university among the counties composing the district according to population.
  3. No student under fifteen (15) years of age shall be admitted as a student of the university.

History. Acts 1927, No. 132, § 8; Pope's Dig., § 12979; A.S.A. 1947, § 80-3142; Acts 2003, No. 634, § 2.

6-65-213. ASU-Beebe — Labor performed by students.

All work in, on, or about Arkansas State University-Beebe, or on the farm, or on or in the barns or poultry yards connected with the university, whether it is farming, building, care of stock, or work of whatsoever kind, shall be performed by students of the university under such rules as the Board of Trustees of Arkansas State University may provide.

History. Acts 1927, No. 132, § 7; Pope's Dig., § 12978; A.S.A. 1947, § 80-3141; Acts 2019, No. 315, § 386.

Amendments. The 2019 amendment substituted “rules” for “regulations”.

6-65-214. ASU-Beebe — Rental of unused property authorized.

The Board of Trustees of Arkansas State University are authorized to rent to the best advantage from time to time any portion of the property of Arkansas State University-Beebe not required for the immediate use of the university.

History. Acts 1927, No. 132, § 8; Pope's Dig., § 12979; A.S.A. 1947, § 80-3142.

6-65-215. ASU-Beebe — Cooperation with other agricultural schools.

Arkansas State University-Beebe shall cooperate with other agricultural schools in operation by reporting to them the results of its experiments, and they shall mutually agree upon the publication of bulletins for free distribution as they deem to be of interest to those engaged in agricultural pursuits.

History. Acts 1927, No. 132, § 9; Pope's Dig., § 12980; A.S.A. 1947, § 80-3143; Acts 2001, No. 90, § 4.

6-65-216. ASU-Beebe — Fund created.

The Arkansas State University-Beebe Fund is created for the operation, maintenance, and improvement of Arkansas State University-Beebe.

History. Acts 1955, No. 84, § 5; A.S.A. 1947, § 80-3137; Acts 2001, No. 90, § 5.

6-65-217. Arkansas State Technical Institute — Legislative findings, determinations, and intent.

  1. It is found and determined by the Seventy-Fifth General Assembly of the State of Arkansas that:
    1. The education and employment of its populace are two (2) of the highest goals of modern government;
    2. Technological advancements in industrial production and business are changing the means and methods in which business is conducted in world markets;
    3. Existing businesses and industries in Arkansas must respond to these changes in order to survive;
    4. If the state is to develop a stronger economic base, steps must be taken to provide existing businesses and industries with the tools necessary for continued development, and new industries must be convinced of the state's desire to have them locate within our borders;
    5. In both instances a highly educated and trained work force is an essential element;
    6. Although improvements have been and are being made in secondary and postsecondary vocational and technical education programs in the state, no program currently exists which combines applied advanced mathematics and science and general education with highly technical vocational programs at the certificate and associate degree level; and
    7. The financial resources of the state dictate that such a program should be established for the State of Arkansas.
  2. It is the intent of the General Assembly that the institute authorized by this section, § 6-65-218, § 6-65-219 [repealed], and §§ 6-65-220 — 6-65-224 should constantly evaluate its programs and modify or delete programs as the needs of business and industry change.

History. Acts 1985, No. 496, § 5; A.S.A. 1947, § 80-3151.

6-65-218. Arkansas State Technical Institute — Establishment.

The Board of Trustees of Arkansas State University is empowered and directed to design and establish a technical education program at Arkansas State University-Beebe to be known as the Arkansas State Technical Institute.

History. Acts 1985, No. 496, § 6; A.S.A. 1947, § 80-3152; Acts 2001, No. 90, § 6.

6-65-219. [Repealed.]

Publisher's Notes. This section, concerning the Arkansas State Technical Institute advisory council, was repealed by Acts 1995, No. 366, § 1. The section was derived from Acts 1985, No. 496, § 7; A.S.A. 1947, § 80-3153.

6-65-220. Arkansas State Technical Institute — Courses of study and training.

  1. The Arkansas State Technical Institute shall provide educational programs which combine academic skills and vocational training in highly technical employment fields.
  2. The institute shall offer courses of study leading to certificates and associate degrees and shall also offer such short-term programs as needed.

History. Acts 1985, No. 496, § 6; A.S.A. 1947, § 80-3152.

6-65-221. Arkansas State Technical Institute — Operations generally.

The chief administrative officer of the Arkansas State Technical Institute shall be responsible to the Chancellor of Arkansas State University-Beebe and the President of Arkansas State University and Board of Trustees of Arkansas State University for the operation of the institute within the rules and procedures adopted by the board.

History. Acts 1985, No. 496, § 8; A.S.A. 1947, § 80-3154; Acts 2001, No. 90, § 7; 2019, No. 315, § 387.

Amendments. The 2019 amendment deleted “regulations” following “rules”.

6-65-222. Arkansas State Technical Institute — Admissions, advanced placement, etc.

The Board of Trustees of Arkansas State University, upon the recommendation of the advisory council established in § 6-65-219 [repealed], shall adopt rules, procedures, and requirements for admission to, and advanced placement and continuation in, the Arkansas State Technical Institute.

History. Acts 1985, No. 496, § 8; A.S.A. 1947, § 80-3154; Acts 2019, No. 315, § 388.

Amendments. The 2019 amendment deleted “regulations” following “rules”.

6-65-223. Arkansas State Technical Institute — Tuition, fees, charges, etc.

The Board of Trustees of Arkansas State University shall also adopt policies regarding student payment of tuition, room and board, and such other fees and charges as deemed appropriate.

History. Acts 1985, No. 496, § 8; A.S.A. 1947, § 80-3154.

6-65-224. Arkansas State Technical Institute — Reporting requirements.

The Board of Trustees of Arkansas State University shall report to the Governor and the Legislative Council, biennially, the types and numbers of students and programs offered or planned to be offered at the Arkansas State Technical Institute.

History. Acts 1985, No. 496, § 9; A.S.A. 1947, § 80-3155.

6-65-225. [Repealed.]

Publisher's Notes. This section, concerning consolidation of administrative functions, was repealed by Acts 2007, No. 1229, § 16. The section was derived from Acts 1995, No. 1035, § 6.

6-65-226. Housing allowance.

Upon approval by the Board of Trustees of Arkansas State University, the chancellor, or the director if there is no chancellor, of the various campuses of Arkansas State University may receive a housing allowance in an amount not to exceed four hundred dollars ($400) per month in lieu of college housing.

History. Acts 1995, No. 1035, § 7; 2001, No. 90, § 8.

Subchapter 3 — Arkansas Tech University

A.C.R.C. Notes. Acts 1991, No. 637, § 11, provided:

“The Arkansas Tech University shall be exempt from the provisions of Arkansas Code § 19-4-1707 to the extent that Arkansas Tech University shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with Arkansas Tech University does not exceed 25% of that required for a full-time employee.”

Acts 2013, No. 948, § 6, provided: “SPECIAL ALLOWANCES.

The Board of Trustees of Arkansas Tech University may make special allowances available to any coach who coaches more than one sport in an amount not to exceed $10,000 per fiscal year for any one coach. Further, if the special allowance funds authorized herein are utilized, Arkansas Tech University shall report annually to the Legislative Joint Auditing Committee the exact disposition of those special allowance funds.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2013, No. 948, § 7, provided: “ARKANSAS TECH INSTITUTE.

The Arkansas Tech Institute (ATI) shall be administered under the direction of Arkansas Tech University. Utilizing a multidisciplinary collaboration of professionals, ATI shall explore, develop, implement, and evaluate new and better ways to integrate the teaching, study and performance of business, engineering, emergency management, and computer sciences for academic, economic, and economic development purposes in Arkansas. ATI priorities shall include, but are not limited to, economic development, technology development, and ‘cyber-park’ development. Arkansas Tech University shall make annual reports to the Arkansas Legislative Council on all matters of funding, existing programs, and services offered through ATI.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 192, § 6, provided:

“SPECIAL ALLOWANCES. The Board of Trustees of Arkansas Tech University may make special allowances available to any coach who coaches more than one sport in an amount not to exceed $10,000 per fiscal year for any one coach. Further, if the special allowance funds authorized herein are utilized, Arkansas Tech University shall report annually to the Legislative Joint Auditing Committee the exact disposition of those special allowance funds.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2014, No. 192, § 7, provided:

“ARKANSAS TECH INSTITUTE. The Arkansas Tech Institute (ATI) shall be administered under the direction of Arkansas Tech University. Utilizing a multidisciplinary collaboration of professionals, ATI shall explore, develop, implement, and evaluate new and better ways to integrate the teaching, study and performance of business, engineering, emergency management, and computer sciences for academic, economic, and economic development purposes in Arkansas. ATI priorities shall include, but are not limited to, economic development, technology development, and ‘cyber-park’ development. Arkansas Tech University shall make annual reports to the Arkansas Legislative Council on all matters of funding, existing programs, and services offered through ATI.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 264, § 6, provided:

“SPECIAL ALLOWANCES. The Board of Trustees of Arkansas Tech University may make special allowances available to any coach who coaches more than one sport in an amount not to exceed $10,000 per fiscal year for any one coach. Further, if the special allowance funds authorized herein are utilized, Arkansas Tech University shall report annually to the Legislative Joint Auditing Committee the exact disposition of those special allowance funds.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2015, No. 264, § 7, provided:

“ARKANSAS TECH INSTITUTE. The Arkansas Tech Institute (ATI) shall be administered under the direction of Arkansas Tech University. Utilizing a multidisciplinary collaboration of professionals, ATI shall explore, develop, implement, and evaluate new and better ways to integrate the teaching, study and performance of business, engineering, emergency management, and computer sciences for academic, economic, and economic development purposes in Arkansas. ATI priorities shall include, but are not limited to, economic development, technology development, and ‘cyber-park’ development. Arkansas Tech University shall make annual reports to the Arkansas Legislative Council on all matters of funding, existing programs, and services offered through ATI.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 126, § 6, provided:

“SPECIAL ALLOWANCES. The Board of Trustees of Arkansas Tech University may make special allowances available to any coach who coaches more than one sport in an amount not to exceed $10,000 per fiscal year for any one coach. Further, if the special allowance funds authorized herein are utilized, Arkansas Tech University shall report annually to the Legislative Joint Auditing Committee the exact disposition of those special allowance funds.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2016, No. 126, § 7, provided:

“ARKANSAS TECH INSTITUTE. The Arkansas Tech Institute (ATI) shall be administered under the direction of Arkansas Tech University. Utilizing a multidisciplinary collaboration of professionals, ATI shall explore, develop, implement, and evaluate new and better ways to integrate the teaching, study and performance of business, engineering, emergency management, and computer sciences for academic, economic, and economic development purposes in Arkansas. ATI priorities shall include, but are not limited to, economic development, technology development, and ‘cyber-park’ development. Arkansas Tech University shall make annual reports to the Arkansas Legislative Council on all matters of funding, existing programs, and services offered through ATI.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Publisher's Notes. Acts 1925, No. 45, § 1, in part, changed the name of the Second District Agricultural School of Russellville, Arkansas, to Arkansas Polytechnic College.

Acts 1975, No. 343, § 1, provided, in part, that the board of trustees of any state-supported, accredited four-year institution of higher learning in Arkansas could, by appropriate action of the board taken only on or before September 1, 1976, provide university status for the institution and select and adopt an appropriate name for the institution. The section further provided that the name selected must be approved by the State Board of Higher Education, which was responsible for coordinating the name selections in order to prevent the selection of names which were duplications of, or would cause confusion with, the names of other state institutions of higher learning. The name of Arkansas Polytechnic College was subsequently changed to Arkansas Tech University.

Effective Dates. Acts 1943, No. 1, § 9: Jan. 14, 1943. Emergency clause provided: “It is hereby found and declared that amendment No. 33 to the Constitution of the State of Arkansas, which will become effective on January 15, 1943, provides that the General Assembly shall arrange the terms of office of the members of boards charged with the management or control of all charitable, penal or correctional institutions and institutions of higher learning of the State of Arkansas in such manner that the term of office of one member of said board shall expire each year and that said amendment further provides that the unexpired terms of members serving on the effective date of the amendment shall not be decreased; and, it is further found and declared that the terms of members of all of said Boards do not expire in a manner which will make operative all of the provisions of said amendment. It is found, therefore, that delay in the effective date of this act will create confusion by reason of the uncertain status of present board members, and, that in order to preserve the public peace, health and safety, an emergency is hereby declared to exist, and this act shall take effect and be in full force from and after its passage and approval.”

Acts 1959, No. 147, § 3: Mar. 3, 1959. Emergency clause provided: “It has been found and is declared by the General Assembly that certain responsible business concerns are engaged in securing leases on lands in the vicinity of and adjacent to lands belonging to Arkansas Polytechnic College or to the State and held for the benefit of the college for the purpose of exploring for and exploiting coal, oil, gas, or other minerals, and the power of the Board of Trustees of the college to execute such a lease is doubtful under existing law; that the college urgently needs the proceeds to be expected from the leasing of such lands; and that enactment of this measure will guarantee the college against possible loss because of any lack of power in the premises. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from the date of its approval.”

Acts 1963, No. 201, § 3: Mar. 8, 1963. Emergency clause provided: “It has been found and is declared by the General Assembly that certain construction is proceeding on the Arkansas River in the vicinity of and adjacent to lands belonging to Arkansas Polytechnic College or to the State and held for the benefit of the college for the purpose of utilizing the Arkansas River by dams, flooding, bank control and levees, and the power of the Board of Trustees of the college to execute such an easement is doubtful under existing law; that the college urgently needs the authority to negotiate for the easement of lands or such lands will be condemned; and that enactment of this measure will guarantee the college against possible loss because of any lack of power in the premises. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from the date of its approval.”

Acts 1971, No. 676, § 15: Apr. 7, 1971. Emergency clause provided: “It is hereby found and determined that it may be necessary to extend the regular session of the Sixty-Eighth General Assembly as authorized in the Constitution; that under the provisions of Amendment 7 to the Constitution, enactments of the General Assembly that do not have an emergency clause do not become effective until ninety (90) days after the date of final adjournment of the General Assembly; that the extended session of the General Assembly may not adjourn in time for this Act to take effect prior to July 1, 1971, thereby depriving the agency for which funds are appropriated herein of necessary operating funds to commence the next fiscal biennium; and in order that the appropriation made herein may be available on July 1, 1971, the General Assembly hereby determines that the immediate passage of this Act is necessary for the maintenance and operation of the essential governmental services. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval, provided that the appropriation authorized herein shall not be available until July 1, 1971.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

6-65-301. Board of Trustees of Arkansas Tech University.

  1. There is created an honorary board constituting the Board of Trustees of Arkansas Tech University.
    1. The board shall consist of five (5) members to be appointed from the counties in the Second Agricultural and Mechanical District.
    2. The Governor, by and with the advice and consent of the Senate, shall appoint the members of the board.
    3. The Secretary of State shall furnish a certificate to each board member within ten (10) days following appointment, whereupon the appointee shall notify the Governor and the Secretary of State in writing of his or her acceptance of the appointment within thirty (30) days, and if the appointee shall fail to give such notice of his or her acceptance within the time required, then the appointment shall be declared void and another appointment shall be made.
    1. Members of the board appointed by the Governor under the provisions of this section, in addition to possessing the qualifications of an elector, shall reside in the State of Arkansas.
      1. The Governor, Attorney General, Secretary of State, Auditor of State, Treasurer of State, Commissioner of State Lands, a Justice of the Supreme Court, and the director or employees of any state department, state agency, or state institution shall be ineligible for membership on the board provided for in this section during the time for which he or she was elected or appointed.
      2. No individual may be a member of more than one (1) of the boards created under the provisions of § 25-17-201 at the same time.
    1. The term of office for each member shall commence on January 15 and shall end on January 14 of the fifth year following the year in which the regular term commenced.
    2. The Governor shall submit to the Senate for approval, on or before the fourteenth day following the commencement of each regular session of the General Assembly the names of all unconfirmed appointments made by him or her to fill expired terms and the names of appointments to fill the terms expiring during the regular session of the General Assembly. The members appointed by the Governor to fill vacancies caused by the expiration of the terms of members may qualify and hold office until the appointments are rejected by the Senate.
  2. Any vacancies arising in the membership of the board for any reason other than the expiration of the regular terms for which the members were appointed shall be filled by the appointment of the Governor, subject to the approval by a majority of the remaining members of the board and shall be thereafter effective until the expiration of the regular terms.
    1. Before entering upon his or her respective duties, each board member shall take and subscribe and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter and that he or she will not be or become interested, directly or indirectly, in any contract made by the board.
      1. Any violation of the oath shall be a Class B misdemeanor.
      2. Any contract entered into in violation of the oath shall be void.
  3. Members of the board provided for in this section may receive expense reimbursement in accordance with § 25-16-901 et seq.
    1. The Governor shall have the power to remove any member of the board before the expiration of his or her term for cause only, after notice and hearing.
    2. The removal shall become effective only when approved in writing by a majority of the total number of the board, but the member removed or his or her successor shall have no right to vote on the question of removal.
    3. The removal action shall be filed with the Secretary of State together with a complete record of the proceedings at the hearing.
      1. An appeal may be taken to the Pulaski County Circuit Court by the Governor or the member ordered removed, and the appeal shall be tried de novo on the record of the hearing before the Governor.
      2. An appeal may be taken from the circuit court to the Supreme Court, which shall likewise be tried de novo.

History. Acts 1943, No. 1, §§ 2, 4-7; A.S.A. 1947, §§ 7-201, 7-203, 7-204 — 7-206; Acts 1997, No. 250, § 34; 2005, No. 1994, § 390.

Publisher's Notes. Arkansas Constitution, Amendment 33, § 1, provided, in part, that the terms of office of five-member boards are five years. The terms of the members of the Board of Trustees of Arkansas Tech University are arranged so that one term expires every year.

Those provisions of Acts 1943, No. 1 which established honorary boards and commissions governing various state institutions are codified in full as § 25-17-201 et seq. and are codified with respect to particular institutions in this section and §§ 6-43-101, 6-43-102, 6-65-103, 6-65-201, 6-65-202, 6-65-302, 6-66-101, 6-66-102, 6-67-102, and 6-67-103.

Acts 1943, No. 1, § 7, provided, in part, that as soon as practicable after January 14, 1943, the board created by this section would meet, organize, elect their officers, and transact such other business as might come before the meeting.

Case Notes

Cited: Jackson v. Bishop, 404 F.2d 571 (8th Cir. 1968); Walther v. McDonald, 243 Ark. 912, 422 S.W.2d 854 (1968).

6-65-302. Powers and duties of board.

  1. The Board of Trustees of Arkansas Tech University created in § 6-65-301 is charged with the management and control of Arkansas Tech University.
  2. The board shall have the power, authority, and duties formerly conferred by law on the board it succeeds.

History. Acts 1943, No. 1, § 3; A.S.A. 1947, § 7-202.

Publisher's Notes. The board created by § 6-65-301 succeeded to the powers, authority, and duties of the board or commission which was formerly charged with the management or control of the Arkansas Polytechnic College, now Arkansas Tech University, and which was abolished by Acts 1943, No. 1, § 1.

As to codification of Acts 1943, No. 1, see Publisher's Notes to § 6-65-301.

Case Notes

Cited: Starnes v. Sadler, 237 Ark. 325, 372 S.W.2d 585 (1963); Jackson v. Bishop, 404 F.2d 571 (8th Cir. 1968).

6-65-303. Hot Springs Branch.

  1. The Board of Trustees of Arkansas Tech University is authorized to establish in Hot Springs, a branch of Arkansas Tech University and shall operate thereat courses of instruction at less than baccalaureate degree programs.
  2. The board is authorized to establish appropriate rules for the operation of that campus.

History. Acts 1971, No. 676, § 7; 2019, No. 315, § 389.

Publisher's Notes. Acts 1971, No. 676, § 7, in part, transferred Garland County to, and provided that it would thereafter be a part of, the second district for the purpose of Acts 1909, No. 100, as amended.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (b).

6-65-304. Lease of coal, oil, gas, and mineral lands.

  1. The Board of Trustees of Arkansas Tech University is empowered to lease lands belonging to Arkansas Tech University or to the state and held for the benefit of the university for the purpose of exploration for and exploitation of coal, oil, gas, or other minerals.
  2. To that end, the board may execute and deliver for and on behalf of the state and the university a lease or leases containing such terms and conditions as the board may deem proper and in the best interest of the state and the university.
  3. The proceeds from any such lease shall be placed in a bank account of the university and may be expended for the benefit of the university at the discretion of the board.

History. Acts 1959, No. 147, §§ 1, 2; A.S.A. 1947, §§ 80-3133, 80-3134.

6-65-305. Easements.

  1. The Board of Trustees of Arkansas Tech University is empowered to grant and convey easements of lands belonging to Arkansas Tech University or to the state and held for the benefit of the university.
  2. To that end, the board may execute and deliver for and on behalf of the state and the university an easement or easements containing such terms and conditions as the board may deem proper and in the best interest of the state and the university.
  3. The proceeds from any such easement shall be placed in a bank account of the university and may be expended for the benefit of the university at the discretion of the board.

History. Acts 1963, No. 201, §§ 1, 2; A.S.A. 1947, §§ 80-3144, 80-3145.

6-65-306. [Repealed.]

Publisher's Notes. This section, concerning the housing allowance for the President of Arkansas Tech University, was repealed by Acts 1999, No. 240, § 6. The section was derived from Acts 1993, No. 761, § 11.

Subchapter 4 — Southern Arkansas University

A.C.R.C. Notes. Acts 1991, No. 1118, § 14, provided:

“The Southern Arkansas University — Southwest Technical Institute Division shall be exempt from the provisions of Arkansas Code § 19-4-1707 to the extent that the Southern Arkansas University — Southwest Technical Institute Division shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with the Southern Arkansas University — Southwest Technical Institute Division does not exceed 25% of that required for a full-time employee.”

Acts 1991, No. 1125, § 6, provided:

“The Southern Arkansas University shall be exempt from the provisions of Arkansas Code § 19-4-1707 to the extent that the Southern Arkansas University shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with the Southern Arkansas University does not exceed 25% of that required for a full-time employee.”

Acts 2013, No. 787, § 8, provided: “TUITION REIMBURSEMENT. The Board of Trustees of Southern Arkansas University shall be authorized to reimburse tuition, fees, and other educational related expenses of current faculty who seek additional education levels that will benefit the university in meeting accreditation and professional standards. Reimbursement shall be authorized only when the reimbursement request has been documented by the institution to meet critical shortage instructional areas.”

Acts 2013, No. 950, § 6, provided: “TUITION REIMBURSEMENT. The Board of Trustees of Southern Arkansas University shall be authorized to reimburse tuition, fees, and other educational related expenses of current faculty who seek additional education levels that will benefit the university in meeting accreditation and professional standards. Reimbursement shall be authorized only when the reimbursement request has been documented by the institution to meet critical shortage instructional areas.”

Acts 2014, No. 253, § 6, provided: “TUITION REIMBURSEMENT. The Board of Trustees of Southern Arkansas University shall be authorized to reimburse tuition, fees, and other educational related expenses of current faculty who seek additional education levels that will benefit the university in meeting accreditation and professional standards. Reimbursement shall be authorized only when the reimbursement request has been documented by the institution to meet critical shortage instructional areas.”

Acts 2015, No. 267, § 6, provided:

“TUITION REIMBURSEMENT. The Board of Trustees of Southern Arkansas University shall be authorized to reimburse tuition, fees, and other educational related expenses of current faculty who seek additional education levels that will benefit the university in meeting accreditation and professional standards. Reimbursement shall be authorized only when the reimbursement request has been documented by the institution to meet critical shortage instructional areas.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 115, § 6, provided:

“TUITION REIMBURSEMENT. The Board of Trustees of Southern Arkansas University shall be authorized to reimburse tuition, fees, and other educational related expenses of current faculty who seek additional education levels that will benefit the university in meeting accreditation and professional standards. Reimbursement shall be authorized only when the reimbursement request has been documented by the institution to meet critical shortage instructional areas.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Publisher's Notes. Acts 1925, No. 45, § 1, in part, changed the name of the Third District Agricultural School located at Magnolia to Agricultural and Mechanical College, third district.

Acts 1951, No. 11, § 1, changed the name of the Third District Agricultural and Mechanical College to Southern State College.

Acts 1975, No. 343, § 1, provided, in part, that the board of trustees of any state-supported, accredited four-year institution of higher learning in Arkansas could, by appropriate action of the board taken only on or before September 1, 1976, provide university status for the institution and select and adopt an appropriate name for the institution. The section further provided that the name selected must be approved by the State Board of Higher Education, which was responsible for coordinating the name selections in order to prevent the selection of names which were duplications of, or would cause confusion with, the names of other state institutions of higher learning. The name was subsequently changed to Southern Arkansas University.

Effective Dates. Acts 1945, No. 7, § 7: approved Jan. 26, 1945. Emergency clause provided: “It is hereby found and declared that Act Number One of the Acts of the General Assembly of 1943 abolished the Board of Trustees for the Third District Agricultural and Mechanical College and made no provisions for the appointment of a new Board of Trustees for said College and because of the present uncertain status of the Trustees for the Third District Agricultural and Mechanical College great confusion has arisen; and, that in order to preserve the public peace, health and safety, an emergency is hereby declared to exist and this act shall take effect and be in full force from and after its passage.”

Acts 1975, No. 171, § 4: July 1, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that the higher educational needs of this State, and especially of those citizens living in South Arkansas, may be better met by the expansion and coordination of educational and training services and facilities as provided in this Act, and that in order to enable the Board of Trustees and of Southern State College to make preparations for the expansion of duties of said Board of Trustees and of Southern State College, as authorized in this Act, it is necessary that this Act take effect on July 1, 1975, and that without the immediate passage hereof, and extension of the Regular Session of the Seventieth General Assembly could unduly delay the effectiveness of this Act. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after July 1, 1975.”

Acts 1989 (1st Ex. Sess.) No. 152, § 28: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2011, No. 1087, § 14: July 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2011 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2011 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2011.”

6-65-401. Board of Trustees of Southern Arkansas University.

  1. The Governor, by and with the advice and consent of the Senate, shall appoint a board of five (5) members as trustees for Southern Arkansas University.
  2. The board shall constitute the Board of Trustees of Southern Arkansas University and shall be appointed from the counties in the Third Agricultural and Mechanical College District.
    1. All board members appointed under the provisions of this section shall be qualified electors and shall reside in the State of Arkansas.
    2. The Governor, Attorney General, Secretary of State, Auditor of State, Treasurer of State, Commissioner of State Lands, and Justices of the Supreme Court, and the director or employees of any state department, state agency, or state institution shall not be eligible for membership on the board appointed under this section.
  3. The Governor shall submit to the Senate for approval, on or before the fourteenth day following the commencement of each regular session of the General Assembly, the names of all unconfirmed appointments made by him or her to fill expired terms and the names of appointments to fill the terms expiring during the regular session of the General Assembly. However, members appointed by the Governor to fill vacancies caused by the expiration of the terms of members may qualify and hold office until such appointments shall be rejected by the Senate.
    1. The Secretary of State shall furnish a certificate to each board member within ten (10) days following appointment, whereupon the appointee shall notify the Governor and the Secretary of State in writing of his or her acceptance of the appointment within thirty (30) days.
    2. If the appointee fails to give such notice of his or her acceptance within the time required, then the appointment shall be declared void and another appointment shall be made.
    1. The regular term of office of the members of the board to be appointed by the Governor under the provisions of this section shall be arranged in such a manner that the term of one (1) of the board members shall expire on January 14 of each year.
    2. The term of office shall commence on January 15 immediately following the expiration date of the preceding term and shall end on January 14 of the fifth year following the year in which the regular term commenced.
  4. Any vacancies arising in the membership of the board for any reason other than the expiration of the regular terms for which the members were appointed shall be filled by the appointment of the Governor, subject to the approval by a majority of the remaining members of the board and shall be thereafter effective until the expiration of the regular term unless the appointment is rejected by the Senate at the next regular session of the General Assembly.
    1. Before entering upon his or her respective duties, each board member shall take, subscribe, and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter and that he or she will not be or become interested, directly or indirectly, in any contract made by the board.
      1. Any violation of the oath shall be a Class B misdemeanor.
      2. Any contract entered into in violation of the oath shall be void.
    1. The Governor shall have the power to remove any member of the board before the expiration of his or her term for cause only, after notice and hearing.
    2. The removal shall become effective only when approved in writing by a majority of the total number of the board but without the right to vote by the member to be removed or his or her successor, which action shall be filed with the Secretary of State with a complete record of the proceedings at the hearing.
      1. An appeal may be taken to the Pulaski County Circuit Court by the Governor or the member ordered removed, and the cause shall be tried de novo on the record of the hearing before the Governor.
      2. An appeal may be taken from the circuit court to the Supreme Court, which shall likewise be tried de novo.

History. Acts 1945, No. 7, §§ 1, 3-5; A.S.A. 1947, §§ 80-3124, 80-3126 — 80-3128; Acts 2005, No. 1994, § 391.

6-65-402. Board of trustees — Powers and duties.

The Board of Trustees of Southern Arkansas University appointed under the provisions of § 6-65-401 is charged with the management and control of Southern Arkansas University.

History. Acts 1945, No. 7, § 2; A.S.A. 1947, § 80-3125.

A.C.R.C. Notes. Acts 2013, No. 950, § 7, provided: “SPECIAL ALLOWANCES. The Board of Trustees at Southern Arkansas University may make special allowances available to any coach who coaches more than one sport in an amount not to exceed $10,000 per fiscal year for any one coach, to be expended from auxiliary income. Further, if the special allowance funds authorized herein are utilized, Southern Arkansas University shall report annually to the Legislative Joint Auditing Committee the exact disposition of those special allowance funds. The provisions of this section shall be in effect only from July 1, 2013, through June 30, 2014.”

Acts 2014, No. 253, § 7, provided:

“SPECIAL ALLOWANCES. The Board of Trustees at Southern Arkansas University may make special allowances available to any coach who coaches more than one sport in an amount not to exceed $10,000 per fiscal year for any one coach, to be expended from auxiliary income. Further, if the special allowance funds authorized herein are utilized, Southern Arkansas University shall report annually to the Legislative Joint Auditing Committee the exact disposition of those special allowance funds.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 267, § 7, provided:

“SPECIAL ALLOWANCES. The Board of Trustees at Southern Arkansas University may make special allowances available to any coach who coaches more than one sport in an amount not to exceed $10,000 per fiscal year for any one coach, to be expended from auxiliary income. Further, if the special allowance funds authorized herein are utilized, Southern Arkansas University shall report annually to the Legislative Joint Auditing Committee the exact disposition of those special allowance funds.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 115, § 7, provided:

“SPECIAL ALLOWANCES. The Board of Trustees at Southern Arkansas University may make special allowances available to any coach who coaches more than one sport in an amount not to exceed $10,000 per fiscal year for any one coach, to be expended from auxiliary income. Further, if the special allowance funds authorized herein are utilized, Southern Arkansas University shall report annually to the Legislative Joint Auditing Committee the exact disposition of those special allowance funds.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Publisher's Notes. Acts 1945, No. 7, § 2, provided, in part, that the Board of Trustees for the Third District Agricultural and Mechanical College, now Southern Arkansas University, would have the powers and duties, and would take over all property and obligations of, the board abolished by Acts 1943, No. 1, § 1 and the honorary board of management established by Acts 1943, No. 1, § 2 (13).

6-65-403. Right of eminent domain.

  1. The right of eminent domain is granted to Southern Arkansas University located at Magnolia to condemn property wherever and whenever the acquisition of property is necessary for the use of the university.
  2. All suits for condemnation of property under the provisions of this section shall be brought by the university in the name of the State of Arkansas.
    1. Before any suit can be instituted, it shall be necessary for the Board of Trustees of Southern Arkansas University to pass a resolution to the effect that the acquisition of the property sought to be condemned is necessary for the use and benefit of the university.
    2. The resolution shall also set forth the purpose for which the lands are to be condemned, together with the legal description of the lands.
    1. Upon adoption of the resolution, the board is authorized to request the prosecuting attorney of the district in which the lands are situated to assist in instituting proper proceedings for the condemnation of the lands.
    2. In the event any prosecuting attorney is requested to institute or to assist in instituting such proceedings, it shall then be the duty of the prosecuting attorney to comply with the request of the board.
  3. Before this right and power is utilized in any individual case, the board shall exercise every reasonable effort to obtain the property in question at a reasonable price by negotiation, and the trial court shall so find.
  4. It shall be the duty of the Attorney General of the State of Arkansas to handle all appeals taken to the Supreme Court of the state from any such actions.

History. Acts 1957, No. 136, §§ 1-3; A.S.A. 1947, §§ 80-3130.1 — 80-3130.3.

6-65-404. SAU-Tech.

  1. The Board of Trustees of Southern Arkansas University and the President of Southern Arkansas University shall operate SAU-Tech as a technical division of Southern Arkansas University.
  2. The board, through the president, is authorized to establish appropriate rules for the operation of SAU-Tech.
  3. The board shall operate the properties belonging to the division in accordance with the terms of and for the respective purposes as set forth in the conveyances and agreements by which the properties were donated to the Career Education and Workforce Development Board.

History. Acts 1975, No. 171, § 2; A.S.A. 1947, § 80-3125.2; Acts 1993, No. 447, § 2; 2019, No. 315, § 390.

A.C.R.C. Notes. Acts 2016, No. 194, § 25, provided:

“(a) As referenced in Section 3(c) of Act 1147 of 2015, the authorized funding for the SAU-Tech for construction, renovation, maintenance, critical maintenance, equipment, security enhancements, technology upgrades/equipment and furnishings for the Auto Body Shop Building shall be deemed to also include costs of campus safety and technology upgrades and replacement.

“(b) As referenced in Section 3(c) of Act 1518 of 2013 and Section 3(c) of Act 1519 of 2013, the authorized funding for the SAU-Tech for construction, renovation, maintenance, critical maintenance, equipment, security enhancements, technology upgrades/equipment and furnishings for the Auto Body Shop Building shall be deemed to also include costs of campus safety and technology upgrades and replacement.

“(c) As referenced in Section 3(c) of Act 1096 of 2011 and Section 3(c) of Act 1117 of 2011, the authorized funding for the SAU-Tech for construction, renovation and equipment for the Auto Body Building shall be deemed to also include costs of campus safety and technology upgrades and replacement.”

Publisher's Notes. Acts 1975, No. 171, § 2, provided, in part, for the transfer of Southwest Technical Institute at Camden to the control of the Board of Trustees of Southern State College, (now Southern Arkansas University). Section 2 further provided for the transfer of all properties and funds of the Southwest Technical Institute by the State Board of Vocational Education to Southern State College, (now Southern Arkansas University). The Board of Trustees of Southern State College was to assume all liabilities and obligations of Southwest Technical Institute. Section 2 further provided that all personnel of the Southwest Technical Institute who were members of the Teacher Retirement System of Arkansas would be eligible to continue to participate therein and that nothing in the act would deprive any member of the Southwest Technical Institute of any rights, privileges, or benefits they had acquired as employees of the institute prior to the date of its transfer to Southern Arkansas University.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (b).

6-65-405. [Repealed.]

Publisher's Notes. This section, concerning SAU-Tech advisory committee, was repealed by Acts 2007, No. 302, § 1. The section was derived from Acts 1975, No. 171, § 2; A.S.A. 1947, § 80-3125.2; Acts 1993, No. 447, § 3; 1997, No. 250, § 35.

6-65-406. El Dorado Branch.

  1. The Board of Trustees of Southern Arkansas University is authorized to establish and operate in or near El Dorado a branch of Southern Arkansas University to be known as Southern Arkansas University, El Dorado Branch, and shall operate at the campus a program of junior college instruction, including offerings of community college instruction as contemplated by Acts 1973, No. 103 [repealed].
  2. The Arkansas Higher Education Coordinating Board is authorized to recognize the El Dorado Branch and shall have all powers and duties with respect to the El Dorado Branch as provided to the board for other state-supported community colleges and institutions of higher learning.
    1. The Board of Trustees of Southern Arkansas University shall serve as the Board of Trustees of Southern Arkansas University, El Dorado Branch.
    2. The Board of Trustees of Southern Arkansas University shall exercise all powers and duties for the El Dorado Branch campus as the Board of Trustees of Southern Arkansas University is authorized by law to exercise for the Magnolia campus of the university.
    3. The board of trustees may acquire land and improvements thereon by gift, grant, donation, or purchase and may rent or lease buildings and facilities as deemed necessary for the efficient operation of the El Dorado Branch.

History. Acts 1975, No. 171, § 1; A.S.A. 1947, § 80-3125.1.

A.C.R.C. Notes. Acts 1991, No. 639, § 5, provided:

“The Southern Arkansas University — El Dorado Branch shall be exempt from the provisions of Arkansas Code § 19-4-1707 to the extent that the Southern Arkansas University — El Dorado Branch shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with the Southern Arkansas University — El Dorado Branch does not exceed 25% of that required for a full-time employee.”

6-65-407. El Dorado Branch Advisory Committee.

  1. There is established a Southern Arkansas University, El Dorado Branch Advisory Committee.
    1. The committee shall consist of seven (7) members to be appointed by the Board of Trustees of Southern Arkansas University.
    2. The members of the committee shall be qualified electors of this state residing in the area served by the El Dorado Branch. The committee shall consist of persons interested in community college instruction.
  2. Members shall be appointed for terms of four (4) years.
  3. The committee shall organize by electing one (1) of its members as chair and electing such other officers as the committee shall deem appropriate.
  4. Members of the committee shall serve without pay but may receive expense reimbursement in accordance with § 25-16-901 et seq.
  5. The committee shall advise the Board of Trustees of Southern Arkansas University and the President of Southern Arkansas University and the Chancellor of Southern Arkansas University, El Dorado Branch and the administrative officers of Southern Arkansas University, El Dorado Branch, in regard to all aspects of the operation of Southern Arkansas University, El Dorado Branch.

History. Acts 1975, No. 171, § 1; A.S.A. 1947, § 80-3125.1; Acts 1997, No. 250, § 36.

Publisher's Notes. The terms of the members of the Southern Arkansas University, El Dorado Branch Advisory Committee are arranged so that four (4) terms expire every two (2) years and three (3) terms expire every four (4) years.

6-65-408. Appropriations.

  1. Moneys appropriated by the General Assembly for the operation, construction, and equipment of the Magnolia campus, SAU-Tech, and the Southern Arkansas University, El Dorado Branch shall be made by separate appropriations in order to assure each campus of its intended level of support.
  2. Funds appropriated for construction and equipment or for the maintenance and operation of each campus shall not be used for any other purpose.

History. Acts 1975, No. 171, § 1; A.S.A. 1947, § 80-3125.1; Acts 1993, No. 447, § 4.

6-65-409. Housing allowance for chancellor — SAU-Tech.

Upon approval by the Board of Trustees of Southern Arkansas University, the Chancellor of SAU-Tech may receive a housing allowance in an amount not to exceed four hundred dollars ($400) per month in lieu of college housing.

History. Acts 1989 (1st Ex. Sess.), No. 152, § 15; 1993, No. 447, § 5.

6-65-410. Housing allowance for chancellor — El Dorado Branch.

Upon approval by the Board of Trustees of Southern Arkansas University, the Chancellor of Southern Arkansas University, El Dorado Branch may receive a housing allowance in an amount not to exceed four hundred dollars ($400) per month in lieu of college housing.

History. Acts 1989 (1st Ex. Sess.), No. 152, § 10.

6-65-411. SAU-Tech — Arkansas Environmental Training Academy.

The division of SAU-Tech currently known as the SAU-Tech Environmental Control Center shall now be known and cited as the Arkansas Environmental Training Academy.

History. Acts 2009, No. 156, § 1.

6-65-412. SAU-Tech — Declared emergency — Transfer of appropriations.

  1. If the Governor declares that an emergency exists and the Arkansas Fire Training Academy is required to lend assistance, the Arkansas Fire Training Academy may make appropriation transfers from either:
    1. General revenue; or
    2. Cash.
  2. A transfer made under subsection (a) of this section shall not increase the total amount appropriated for the Arkansas Fire Training Academy.
  3. Any appropriation transfer made under subsection (a) of this section shall be reported to the Legislative Council or Joint Budget Committee within ninety (90) days of the date of the transfer.

History. Acts 2011, No. 1087, § 11.

6-65-413. School of Veterinary Medicine.

The Board of Trustees of Southern Arkansas University may design and establish a school of veterinary medicine at Southern Arkansas University in Magnolia, after obtaining approval and authorization from the Arkansas Higher Education Coordinating Board under § 6-61-207.

History. Acts 2011, No. 1210, § 1.

Publisher's Notes. Acts 2011, No. 1210, became law without the Governor's signature.

Chapter 66 Henderson State University

A.C.R.C. Notes. Acts 1991, No. 700, § 7, provided: “The Henderson State University shall be exempt from the provisions of Arkansas Code § 19-4-1707 to the extent that the Henderson State University shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with the Henderson State University does not exceed 25% of that required for a full-time employee.”

Acts 2013, No. 773, § 6, provided: “HENDERSON STATE UNIVERSITY AND COLLEGE OF THE OUACHITAS COOPERATIVE AGREEMENT.

“(a) The General Assembly finds that:

“(1) Henderson State University and College of The Ouachitas are two institutions of Higher Education with a long history of cooperation and mutual support for the pursuit of their missions to serve the residents of their overlapping service areas;

“(2) These institutions have entered into an agreement to continue the goodwill that has been established between them and throughout the communities they serve, and to enhance the level of services to the residents of Clark County without duplicating efforts; and

“(3) Working strategically, the institutions can meet the needs of the residents of Clark County in a manner that fosters partnership and collaboration.

“(b) Based upon the agreement of the parties:

“(1) College of The Ouachitas shall:

“(A) Limit any offerings in Clark County to non-academic, technical courses and programs that are not offered at Henderson State University;

“(B) Not offer any academic courses or programs, including remediation, in Clark County;

“(C)(i) Notify, meet, and discuss with Henderson State University prior to offering any new credit-bearing technical programs in Clark County.

“(ii) To minimize confusion, any such offering will be delivered in conjunction with the Community Education Center; and

“(D) Only establish a physical presence in Clark County in partnership with Henderson State University's Community Education Center; and

“(2)(A) Henderson State University shall offer to College of The Ouachitas the first right of refusal for the instruction of technical training courses and programs requested by business and industry that cannot be provided directly by Henderson State University.

“(B) The courses and programs shall be provided at the Community Education Center or within Clark County.

“(d) The provisions of this section shall be in effect only from July 1, 2013, through June 30, 2014.”

Acts 2013, No. 947, § 5, provided: “SPECIAL ALLOWANCE.

The Board of Trustees of Henderson State University may make special allowances available to any coach who coaches more than one sport in an amount not to exceed $10,000 per fiscal year for any one coach. Further, if the special allowance funds authorized herein are utilized, Henderson State University shall report annually to the Legislative Joint Auditing Committee the exact disposition of those special allowance funds.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2013, No. 947, § 7, provided: “HENDERSON STATE UNIVERSITY AND COLLEGE OF THE OUACHITAS COOPERATIVE AGREEMENT.

“(a) The General Assembly finds that:

“(1) Henderson State University and College of The Ouachitas are two institutions of Higher Education with a long history of cooperation and mutual support for the pursuit of their missions to serve the residents of their overlapping service areas;

“(2) These institutions have entered into an agreement to continue the goodwill that has been established between them and throughout the communities they serve, and to enhance the level of services to the residents of Clark County without duplicating efforts; and

“(3) Working strategically, the institutions can meet the needs of the residents of Clark County in a manner that fosters partnership and collaboration.

“(b) Based upon the agreement of the parties:

“(1) College of The Ouachitas shall:

“(A) Limit any offerings in Clark County to non-academic, technical courses and programs that are not offered at Henderson State University;

“(B) Not offer any academic courses or programs, including remediation, in Clark County;

“(C)(i) Notify, meet, and discuss with Henderson State University prior to offering any new credit-bearing technical programs in Clark County.

“(ii) To minimize confusion, any such offering will be delivered in conjunction with the Community Education Center; and

“(D) Only establish a physical presence in Clark County in partnership with Henderson State University's Community Education Center; and

“(2)(A) Henderson State University shall offer to College of The Ouachitas the first right of refusal for the instruction of technical training courses and programs requested by business and industry that cannot be provided directly by Henderson State University.

“(B) The courses and programs shall be provided at the Community Education Center or within Clark County.

“(c) The provisions of this section shall be in effect only from July 1, 2013, through June 30, 2014.”

Acts 2014, No. 78, § 6, provided: “HENDERSON STATE UNIVERSITY AND COLLEGE OF THE OUACHITAS COOPERATIVE AGREEMENT.

“(a) The General Assembly finds that:

“(1) Henderson State University and College of The Ouachitas are two institutions of Higher Education with a long history of cooperation and mutual support for the pursuit of their missions to serve the residents of their overlapping service areas;

“(2) These institutions have entered into an agreement to continue the goodwill that has been established between them and throughout the communities they serve, and to enhance the level of services to the residents of Clark County without duplicating efforts; and

“(3) Working strategically, the institutions can meet the needs of the residents of Clark County in a manner that fosters partnership and collaboration.

“(b) Based upon the agreement of the parties:

“(1) College of The Ouachitas shall:

“(A) Limit any offerings in Clark County to non-academic, technical courses and programs that are not offered at Henderson State University;

“(B) Not offer any academic courses or programs, including remediation, in Clark County;

“(C)(i) Notify, meet, and discuss with Henderson State University prior to offering any new credit-bearing technical programs in Clark County.

“(ii) to minimize confusion, any such offering will be delivered in conjunction with Community Education Center; and

“(D) Only establish a physical presence in Clark County in partnership with Henderson State University's Community Education Center; and

“(2)(A) Henderson State University shall offer to College of The Ouachitas the first right of refusal for the instruction of technical training courses and programs requested by business and industry that cannot be provided directly by Henderson State University.

“(B) The courses and programs shall be provided at the Community Education Center or within Clark County.

“(c) The provisions of this section shall be in effect only from July 1, 2014, through June 30, 2015.”

Acts 2014, No. 221, § 5, provided:

“SPECIAL ALLOWANCE. The Board of Trustees of Henderson State University may make special allowances available to any coach who coaches more than one sport in an amount not to exceed $10,000 per fiscal year for any one coach. Further, if the special allowance funds authorized herein are utilized, Henderson State University shall report annually to the Legislative Joint Auditing Committee the exact disposition of those special allowance funds.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2014, No. 221, § 7, provided: “HENDERSON STATE UNIVERSITY AND COLLEGE OF THE OUACHITAS COOPERATIVE AGREEMENT.

“(a) The General Assembly finds that:

“(1) Henderson State University and College of The Ouachitas are two institutions of Higher Education with a long history of cooperation and mutual support for the pursuit of their missions to serve the residents of their overlapping service areas;

“(2) These institutions have entered into an agreement to continue the goodwill that has been established between them and throughout the communities they serve, and to enhance the level of services to the residents of Clark County without duplicating efforts; and

“(3) Working strategically, the institutions can meet the needs of the residents of Clark County in a manner that fosters partnership and collaboration.

“(b) Based upon the agreement of the parties:

“(1) College of The Ouachitas shall:

“(A) Limit any offerings in Clark County to non-academic, technical courses and programs that are not offered at Henderson State University;

“(B) Not offer any academic courses or programs, including remediation, in Clark County;

“(C)(i) Notify, meet, and discuss with Henderson State University prior to offering any new credit-bearing technical programs in Clark County.

“(ii) To minimize confusion, any such offering will be delivered in conjunction with the Community Education Center; and

“(D) Only establish a physical presence in Clark County in partnership with Henderson State University's Community Education Center; and

“(2)(A) Henderson State University shall offer to College of The Ouachitas the first right of refusal for the instruction of technical training courses and programs requested by business and industry that cannot be provided directly by Henderson State University.

“(B) The courses and programs shall be provided at the Community Education Center or within Clark County.

“(c) The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 266, § 6, provided: “HENDERSON STATE UNIVERSITY AND COLLEGE OF THE OUACHITAS COOPERATIVE AGREEMENT.

“(a) The General Assembly finds that:

“(1) Henderson State University and College of The Ouachitas are two institutions of Higher Education with a long history of cooperation and mutual support for the pursuit of their missions to serve the residents of their overlapping service areas;

“(2) These institutions have entered into an agreement to continue the goodwill that has been established between them and throughout the communities they serve, and to enhance the level of services to the residents of Clark County without duplicating efforts; and

“(3) Working strategically, the institutions can meet the needs of the residents of Clark County in a manner that fosters partnership and collaboration.

“(b) Based upon the agreement of the parties:

“(1) College of The Ouachitas shall:

“(A) Limit any offerings in Clark County to non-academic, technical courses and programs that are not offered at Henderson State University;

“(B) Not offer any academic courses or programs, including remediation, in Clark County;

“(C)(i) Notify, meet, and discuss with Henderson State University prior to offering any new credit-bearing technical programs in Clark County.

“(ii) To minimize confusion, any such offering will be delivered in conjunction with the Community Education Center; and

“(D) Only establish a physical presence in Clark County in partnership with Henderson State University's Community Education Center; and

“(2)(A) Henderson State University shall offer to College of The Ouachitas the first right of refusal for the instruction of technical training courses and programs requested by business and industry that cannot be provided directly by Henderson State University.

“(B) The courses and programs shall be provided at the Community Education Center or within Clark County.

“(c) The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2015, No. 367, § 6, provided: “HENDERSON STATE UNIVERSITY AND COLLEGE OF THE OUACHITAS COOPERATIVE AGREEMENT.

“(a) The General Assembly finds that:

“(1) Henderson State University and College of The Ouachitas are two institutions of Higher Education with a long history of cooperation and mutual support for the pursuit of their missions to serve the residents of their overlapping service areas;

“(2) These institutions have entered into an agreement to continue the goodwill that has been established between them and throughout the communities they serve, and to enhance the level of services to the residents of Clark County without duplicating efforts; and

“(3) Working strategically, the institutions can meet the needs of the residents of Clark County in a manner that fosters partnership and collaboration.

“(b) Based upon the agreement of the parties:

“(1) College of The Ouachitas shall:

“(A) Limit any offerings in Clark County to non-academic, technical courses and programs that are not offered at Henderson State University;

“(B) Not offer any academic courses or programs, including remediation, in Clark County;

“(C)(i) Notify, meet, and discuss with Henderson State University prior to offering any new credit-bearing technical programs in Clark County.

“(ii) To minimize confusion, any such offering will be delivered in conjunction with the Community Education Center; and

“(D) Only establish a physical presence in Clark County in partnership with Henderson State University's Community Education Center; and

“(2)(A) Henderson State University shall offer to College of The Ouachitas the first right of refusal for the instruction of technical training courses and programs requested by business and industry that cannot be provided directly by Henderson State University.

“(B) The courses and programs shall be provided at the Community Education Center or within Clark County.

“(c) The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 114, § 6, provided: “HENDERSON STATE UNIVERSITY AND COLLEGE OF THE OUACHITAS COOPERATIVE AGREEMENT.

“(a) The General Assembly finds that:

“(1) Henderson State University and College of The Ouachitas are two institutions of Higher Education with a long history of cooperation and mutual support for the pursuit of their missions to serve the residents of their overlapping service areas;

“(2) These institutions have entered into an agreement to continue the goodwill that has been established between them and throughout the communities they serve, and to enhance the level of services to the residents of Clark County without duplicating efforts; and

“(3) Working strategically, the institutions can meet the needs of the residents of Clark County in a manner that fosters partnership and collaboration.

“(b) Based upon the agreement of the parties:

“(1) College of The Ouachitas shall:

“(A) Limit any offerings in Clark County to non-academic, technical courses and programs that are not offered at Henderson State University;

“(B) Not offer any academic courses or programs, including remediation, in Clark County;

“(C)(i) Notify, meet, and discuss with Henderson State University prior to offering any new credit-bearing technical programs in Clark County.

“(ii) To minimize confusion, any such offering will be delivered in conjunction with the Community Education Center; and

“(D) Only establish a physical presence in Clark County in partnership with Henderson State University's Community Education Center; and

“(2)(A) Henderson State University shall offer to College of The Ouachitas the first right of refusal for the instruction of technical training courses and programs requested by business and industry that cannot be provided directly by Henderson State University.

“(B) The courses and programs shall be provided at the Community Education Center or within Clark County.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Acts 2020, No. 30, § 7, provided: “LOAN. Notwithstanding the provisions of Arkansas Code Annotated § 19-5-501, immediately upon the effective date of this section [April 17, 2020], the President of Henderson State University is authorized to request the Chief Fiscal Officer of the State to make a loan on his or her books in the amount not to exceed six million dollars ($6,000,000) from the Budget Stabilization Trust Fund to the Henderson State University Fund. Loan repayments shall be made from time to time from any legal fund of Henderson State University and the entire amount of the loan shall be repaid to the Budget Stabilization Trust Fund no later than June 30, 2028 or as recommended by the General Assembly upon review of the loan status, which shall be presented to the Arkansas Legislative Council or the Joint Budget Committee no later than June 30 each year”.

Publisher's Notes. Acts 1929, No. 46, § 1, provided for the donation of the Henderson-Brown College in Arkadelphia, Arkansas, by the Chamber of Commerce of Arkadelphia, Clark County, Arkansas, and the Methodist Episcopal Church South to the State of Arkansas to be operated, maintained, and supported by the state as a standard teacher's college of the same class and standard as the State Teachers College at Conway, now University of Central Arkansas. Acts 1929, No. 46, § 16, provided that if no appropriation was made for the maintenance and operation of Henderson-Brown College after it was taken over and received by the state, the property would revert to the donors.

Acts 1975, No. 4, § 1, changed the name of Henderson State College to Henderson State University. Section 2 of that act provided that the Board of Trustees of Henderson State College would be known as the Board of Trustees of Henderson State University. Section 2 further provided that the Board of Trustees of Henderson State University would be selected in the manner then provided by law and that it would have all the rights, responsibilities, and liabilities with respect to the operation of Henderson State University formerly exercised with respect to Henderson State College. Section 3 of Acts 1975, No. 4, provided that all laws then in effect applicable to Henderson State College would remain in effect and be applicable to Henderson State University. The section further provided that all such laws referring to Henderson State College or its board of trustees would thereafter be taken and understood to refer to Henderson State University and to the Board of Trustees of Henderson State University, respectively.

Effective Dates. Acts 1929, No. 46, § 18: effective on passage.

Acts 1941, No. 128, § 7: approved Mar. 11, 1941. Emergency clause provided: “It is found and declared that the boards of the educational institutions of this State should be as free of politics as possible, and that elective or appointive officers of the State, because of the press of other duties, are not able to devote the time and attention to the interest of the educational institutions that should be devoted by board members; that some members of the Board of Henderson State Teachers' College and of Teachers' College at Conway do not reside in the territory from which the said colleges draw most of their students and were established to serve; that it would be to the best interests of the institutions to reorganize the boards governing them at the earliest possible date, and that it is therefore necessary for the preservation of the public peace, health and safety that this act become effective without delay; an emergency is hereby declared and this act shall take effect and be in force from and after its passage.”

Acts 1943, No. 1, § 9: Jan. 14, 1943. Emergency clause provided: “It is hereby found and declared that amendment No. 33 to the Constitution of the State of Arkansas, which will become effective on January 15, 1943, provides that the General Assembly shall arrange the terms of office of the members of boards charged with the management or control of all charitable, penal or correctional institutions and institutions of higher learning of the State or Arkansas in such manner that the term of office of one member of said board shall expire each year and that said amendment further provides that the unexpired terms of members serving on the effective date of the amendment shall not be decreased; and, it is further found and declared that the terms of members of all of said Boards do not expire in a manner which will make operative all of the provisions of said amendment. It is found, therefore, that delay in the effective date of this act will create confusion by reason of the uncertain status of present board members, and, that in order to preserve the public peace, health and safety, an emergency is hereby declared to exist, and this act shall take effect and be in full force from and after its passage and approval.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-66-101. Board of Trustees of Henderson State University.

  1. There is created an honorary board constituting the Board of Trustees of Henderson State University, which is made and continued a body politic and corporate.
    1. The board shall consist of seven (7) members.
    2. The Governor, by and with the advice and consent of the Senate, shall appoint the members of the board.
    3. The Secretary of State shall furnish a certificate to each board member within ten (10) days following appointment, whereupon the appointee shall notify the Governor and the Secretary of State in writing of his or her acceptance of the appointment within thirty (30) days, and if the appointee shall fail to give such notice of his or her acceptance within the time required, then the appointment shall be declared void and another appointment shall be made.
    1. Members of the board appointed by the Governor under the provisions of this section, in addition to possessing the qualifications of an elector, shall reside in the State of Arkansas.
      1. The Governor, Attorney General, Secretary of State, Auditor of State, Treasurer of State, Commissioner of State Lands, a Justice of the Supreme Court, and the director or employees of any state department, state agency, or state institution shall be ineligible for membership on the board provided for in this section during the time for which he or she was elected or appointed.
      2. No individual may be a member of more than one (1) of the boards created under the provisions of § 25-17-201 at the same time.
    1. The term of office for each member shall commence on January 15 and shall end on January 14 of the seventh year following the year in which the regular term commenced.
    2. The Governor shall submit to the Senate for approval, on or before the fourteenth day following the commencement of each regular session of the General Assembly, the names of all unconfirmed appointments made by him or her to fill expired terms and the names of appointments to fill the terms expiring during the regular session of the General Assembly. The members appointed by the Governor to fill vacancies caused by the expiration of the terms of members may qualify and hold office until the appointments are rejected by the Senate.
  2. Any vacancies arising in the membership of the board for any reason other than the expiration of the regular terms for which the members were appointed shall be filled by the appointment of the Governor, subject to the approval by a majority of the remaining members of the board, and shall be thereafter effective until the expiration of the regular terms.
  3. Before entering upon his or her respective duties, the trustee shall make and subscribe to an affidavit to faithfully, diligently, and impartially discharge the duties of his or her office, regardless of the requirements of § 25-17-207.
      1. There shall be one (1) regular meeting of the board each year to be held within thirty (30) days after the close of commencement week.
      2. Called meetings may be held at the request of the president or of any two (2) members of the board if at least seven (7) days' written notice is given in advance to each member of the called meeting, except in cases of emergency, when three (3) days' notice will suffice.
    1. The board shall elect from its members a chair who shall preside at the meetings of the board, a vice chair who shall preside at the meetings of the board in the absence of the regular chair, and a secretary who shall keep the records of the meetings of the board. The secretary need not be a member of the board.
    2. A majority of the board shall constitute a quorum.
    3. Members of the board provided for in this section may receive expense reimbursement in accordance with § 25-16-901 et seq.
    1. The Governor shall have the power to remove any member of the board before the expiration of his or her term for cause only, after notice and hearing.
    2. The removal shall become effective only when approved in writing by a majority of the total number of the board, but the member removed or his or her successor shall have no right to vote on the question of removal.
    3. The removal action shall be filed with the Secretary of State, together with a complete record of the proceedings at the hearing.
      1. An appeal may be taken to the Pulaski County Circuit Court by the Governor or the member ordered removed, and the appeal shall be tried de novo on the record of the hearing before the Governor.
      2. An appeal may be taken from the circuit court to the Supreme Court, which shall likewise be tried de novo.

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

Publisher's Notes. Arkansas Constitution, Amendment 33, § 1, provides, in part, that the terms of office of seven-member boards are seven years. The terms are arranged so that the term of one member expires in every year.

Those provisions of Acts 1943, No. 1 which established honorary boards and commissions governing various state institutions are codified in full as § 25-17-201 et seq. and are codified with respect to particular institutions in this section and §§ 6-43-101, 6-43-102, 6-65-103, 6-65-201, 6-65-202, 6-65-301, 6-65-302, 6-66-102, 6-67-102, and 6-67-103.

Acts 1943, No. 1, § 7, provided, in part, that as soon as practicable after January 14, 1943, the board created by this section would meet, organize, elect their officers, and transact such other business as might come before the meeting.

Amendments. The 2009 amendment rewrote (f).

Cross References. Meetings required to be held once during each quarterly period, § 25-17-208.

Case Notes

Cited: Jackson v. Bishop, 404 F.2d 571 (8th Cir. 1968); Walther v. McDonald, 243 Ark. 912, 422 S.W.2d 854 (1968).

6-66-102. Powers and duties of board.

  1. The Board of Trustees of Henderson State University created in § 6-66-101 is charged with the management and control of Henderson State University.
  2. The board shall have the power, authority, and duties formerly conferred by law on the board it succeeds, including those set forth in this section.
  3. The board shall be charged with the liabilities of the corporate body which it succeeds.
    1. The board shall:
      1. Have perpetual succession of officers and members;
      2. Have the right to use and keep a common seal and to alter the seal at will;
      3. Have the right to contract and be contracted with;
      4. Have the right to own and purchase, sell, and convey property, real, personal, and mixed; and
      5. Be authorized and empowered to receive and hold donations, devises, bequests, and legacies for the use and benefit of the institution, provided that all property purchased under the authority of this chapter shall be free from liens and encumbrances, and the title of the property, as well as to any donation that the board may receive, shall be taken in the name of the members of the board and shall become the property of the State of Arkansas.
    2. The board shall have full power and authority from time to time to make, constitute, and establish such bylaws, rules, and orders not inconsistent with the laws of the land as seem necessary to it for the regulation, government, and control of themselves as trustees and all officers, teachers, and other persons in the institution, as well as with reference to limitations as to number of pupils to be admitted.
    3. The board shall fix and regulate tuition, all fees, costs, and other charges for attendance at the university.
    4. Admission requirements shall be established by the board in accordance with policies adopted by the board and consistent with the laws and rules of this state.
    5. The board may:
      1. Hire and regulate faculty and staff;
      2. Establish and regulate the curriculum; and
      3. Grant diplomas and degrees.

History. Acts 1929, No. 46, § 3; Pope's Dig., § 13108; Acts 1941, No. 128, § 4; 1943, No. 1, § 3; A.S.A. 1947, §§ 7-202, 80-2703; Acts 2003, No. 1230, § 1; 2019, No. 315, § 391.

Publisher's Notes. The board created by § 6-66-101 succeeded to the power, authority, and duties of the board or commission which was formerly charged with the management or control of Henderson State Teachers College, now Henderson State University, and was charged with the liabilities of the corporate body it succeeded, which was abolished by Acts 1943, No. 1, § 1.

As to codification of Acts 1943, No. 1, see Publisher's Notes to § 6-66-101.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (d)(4).

Cross References. Authorization for college extension courses, § 6-60-401 et seq.

Cooperative education program in state government, § 21-3-501 et seq.

Regulations as to establishment of branch campuses, § 6-61-303.

Case Notes

Cited: Starnes v. Sadler, 237 Ark. 325, 372 S.W.2d 585 (1963); Jackson v. Bishop, 404 F.2d 571 (8th Cir. 1968).

6-66-103. Participation in federal and state aid authorized.

In order to qualify for federal aid to education in its several phases and at different levels of training and activities, Henderson State University is designated and directed to provide for and to participate in the educational training activities which have been or are designated and in the funds appropriated therefor by the federal government, for the support of educational programs for the improved preparation of teachers, both general and vocational, for transportation of children, for improved housing, for night schools, for noncredit educational service, for rural libraries, for vocational guidance, for experimentation and research, for educational planning and demonstrations, and such other federal and state funds as may be provided for the improvement of the administration and facilities of education in the public schools of Arkansas at the elementary, secondary, and collegiate levels.

History. Acts 1941, No. 173, § 5.

Case Notes

Cited: Starnes v. Sadler, 237 Ark. 325, 372 S.W.2d 585 (1963); Jackson v. Bishop, 404 F.2d 571 (8th Cir. 1968).

6-66-104 — 6-66-109. [Repealed.]

Publisher's Notes. These sections, concerning course of study, selection of instructors and pupils, admissions requirements, tuition and fees, degrees, and conservatory of fine arts, were repealed by Acts 2003, No. 1230, § 2. The sections were derived from the following sources:

6-66-104. Acts 1929, No. 46, § 8; Pope's Dig., § 13113; A.S.A. 1947, § 80-2706.

6-66-105. Acts 1929, No. 46, § 8; Pope's Dig., § 13113; A.S.A. 1947, § 80-2706.

6-66-106. Acts 1929, No. 46, § 9; Pope's Dig., § 13114; A.S.A. 1947, § 80-2707.

6-66-107. Acts 1929, No. 46, §§ 9, 13; Pope's Dig., §§ 13114, 13118; A.S.A. 1947, §§ 80-2707, 80-2711.

6-66-108. Acts 1929, No. 46, § 14; Pope's Dig., § 13119; A.S.A. 1947, § 80-2712.

6-66-109. Acts 1929, No. 46, § 15; Pope's Dig., § 13120; A.S.A. 1947, § 80-2713.

6-66-110. Custodian of funds — Payment of bills and accounts.

  1. The Treasurer of State shall be the custodian of the funds of the Board of Trustees of Henderson State University, and he or she shall pay out the funds of Henderson State University only upon warrant issued by the Auditor of State.
  2. The Auditor of State shall issue warrants upon vouchers issued by the President of the Board of Trustees of Henderson State University and attested by the Secretary of the Board of Trustees of Henderson State University.
  3. All bills and accounts against the institution shall be made out and receipted in duplicate, and, when forwarding the payroll and expense list each month, the president shall also forward one (1) set of the bills and vouchers to be filed in the office of the Auditor of State and kept for public inspection.

History. Acts 1929, No. 46, §§ 10, 11; Pope's Dig., §§ 13115, 13116; A.S.A. 1947, §§ 80-2708, 80-2709.

6-66-111. Limitation of expenditures.

  1. It is made the duty of the Board of Trustees of Henderson State University to limit the number of teachers and their compensation and all the actual expenses thereof to the aggregate amount appropriated by the General Assembly for that purpose plus donations, bequests, and the income that may be derived from the vested funds of Henderson State University.
  2. All expenditures made by the board in excess of the funds mentioned in this section are declared unlawful and void.

History. Acts 1929, No. 46, § 12; Pope's Dig., §§ 13101, 13117; A.S.A. 1947, § 80-2710.

6-66-112. Right of eminent domain.

    1. The right of eminent domain is granted to Henderson State University to condemn property located within not more than one-fourth (¼) mile from the boundaries of the university campus, whenever the acquisition of such property is necessary for the use of the university.
    2. However, the right of eminent domain shall not apply to any property belonging to and used by any religious or educational organization.
  1. All suits for condemnation of property under the provisions of this section shall be brought by the university in the name of the State of Arkansas.
    1. Before any suit may be instituted, it shall be necessary for the Board of Trustees of Henderson State University to pass a resolution to the effect that the acquisition of the property sought to be condemned is necessary for the use and benefit of the university.
    2. The resolution shall also set forth the purpose for which the lands are to be condemned, together with the legal description of the lands.
    1. Upon adoption of the resolution, the board is authorized to request the prosecuting attorney of the district in which the lands are situated to assist in instituting proper proceedings for the condemnation of such lands.
    2. In the event the prosecuting attorney is requested to institute or to assist in instituting such proceedings, it shall then be the duty of the prosecuting attorney to comply with the request of the board.
  2. It shall be the duty of the Attorney General of the State of Arkansas to handle all appeals taken to the Supreme Court of the state from any such actions.

History. Acts 1959, No. 16, §§ 1-3; A.S.A. 1947, §§ 80-2716 — 80-2718.

6-66-113. Report by board of trustees.

  1. The Board of Trustees of Henderson State University shall biennially make a report to the General Assembly at the beginning of its session.
  2. The report shall be incorporated in the report of the Commissioner of Elementary and Secondary Education and shall set forth the financial and scholastic condition of Henderson State University, furnish such suggestions as in the judgment of the board are necessary for the improvement of the university, and make any further recommendations that may to the board seem wise and expedient.

History. Acts 1929, No. 46, § 17; Pope's Dig., § 13121; A.S.A. 1947, § 80-2715; Acts 2019, No. 910, § 2012.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b).

6-66-114, 6-66-115. [Repealed.]

Publisher's Notes. Former §§ 6-66-114 and 6-66-115, concerning housing allowances, were repealed by Acts 1999, No. 240, §§ 7, 8. The sections were derived from the following sources:

6-66-114. Acts 1995, No. 1158, § 8.

6-66-115. Acts 1997, No. 685, § 7.

Chapter 67 University of Central Arkansas

A.C.R.C. Notes. Acts 1991, No. 809, § 7, provided: “The University of Central Arkansas shall be exempt from the provisions of Arkansas Code § 19-4-1707 to the extent that the University of Central Arkansas shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with the University of Central Arkansas does not exceed 25% of that required for a full-time employee.”

Acts 2013, No. 787, § 6, provided: “SPECIAL ALLOWANCE.

The Board of Trustees of the University of Central Arkansas may make special allowances available to any coach who coaches more than one sport in an amount not to exceed ten thousand dollars ($10,000) per fiscal year for any one coach. Further, the Board of Trustees of the University of Central Arkansas is hereby authorized to make additional payments to head coaches at the University of Central Arkansas from revenues generated by contracts with vendors of athletic apparel, shoes and other products in such amounts as may be established by the Board of Trustees for performance by the coaches of consulting and other obligations pursuant to contracts between the University and such vendors. Such additional payments to head coaches shall not be considered salary and shall not be deemed or construed to exceed the maximum salaries established for such coaches by the Act. Nothing in this section shall be construed to reduce or eliminate the authority granted elsewhere in Arkansas statutes for the payment of allowances or bonuses to coaches at the University of Central Arkansas. Further, if the special allowance funds authorized herein are utilized, the University of Central Arkansas shall report annually to the Legislative Joint Auditing Committee the exact disposition of those special allowance funds.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 235, § 6, provided:

“SPECIAL ALLOWANCE. The Board of Trustees of the University of Central Arkansas may make special allowances available to any coach who coaches more than one sport in an amount not to exceed ten thousand dollars ($10,000) per fiscal year for any one coach. Further, the Board of Trustees of the University of Central Arkansas is hereby authorized to make additional payments to head coaches at the University of Central Arkansas from revenues generated by contracts with vendors of athletic apparel, shoes and other products in such amounts as may be established by the Board of Trustees for performance by the coaches of consulting and other obligations pursuant to contracts between the University and such vendors. Such additional payments to head coaches shall not be considered salary and shall not be deemed or construed to exceed the maximum salaries established for such coaches by the Act. Nothing in this section shall be construed to reduce or eliminate the authority granted elsewhere in Arkansas statutes for the payment of allowances or bonuses to coaches at the University of Central Arkansas. Further, if the special allowance funds authorized herein are utilized, the University of Central Arkansas shall report annually to the Legislative Joint Auditing Committee the exact disposition of those special allowance funds.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 223, § 6, provided:

“SPECIAL ALLOWANCE. The Board of Trustees of the University of Central Arkansas may make special allowances available to any coach who coaches more than one sport in an amount not to exceed ten thousand dollars ($10,000) per fiscal year for any one coach. Further, the Board of Trustees of the University of Central Arkansas is hereby authorized to make additional payments to head coaches at the University of Central Arkansas from revenues generated by contracts with vendors of athletic apparel, shoes and other products in such amounts as may be established by the Board of Trustees for performance by the coaches of consulting and other obligations pursuant to contracts between the University and such vendors. Such additional payments to head coaches shall not be considered salary and shall not be deemed or construed to exceed the maximum salaries established for such coaches by the Act. Nothing in this section shall be construed to reduce or eliminate the authority granted elsewhere in Arkansas statutes for the payment of allowances or bonuses to coaches at the University of Central Arkansas. Further, if the special allowance funds authorized herein are utilized, the University of Central Arkansas shall report annually to the Legislative Joint Auditing Committee the exact disposition of those special allowance funds.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 49, § 6, provided:

“SPECIAL ALLOWANCE. The Board of Trustees of the University of Central Arkansas may make special allowances available to any coach who coaches more than one sport in an amount not to exceed ten thousand dollars ($10,000) per fiscal year for any one coach. Further, the Board of Trustees of the University of Central Arkansas is hereby authorized to make additional payments to head coaches at the University of Central Arkansas from revenues generated by contracts with vendors of athletic apparel, shoes and other products in such amounts as may be established by the Board of Trustees for performance by the coaches of consulting and other obligations pursuant to contracts between the University and such vendors. Such additional payments to head coaches shall not be considered salary and shall not be deemed or construed to exceed the maximum salaries established for such coaches by the Act. Nothing in this section shall be construed to reduce or eliminate the authority granted elsewhere in Arkansas statutes for the payment of allowances or bonuses to coaches at the University of Central Arkansas. Further, if the special allowance funds authorized herein are utilized, the University of Central Arkansas shall report annually to the Legislative Joint Auditing Committee the exact disposition of those special allowance funds.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Publisher's Notes. Acts 1925, No. 31, § 1, changed the name of Arkansas State Normal School to Arkansas State Teachers' College. Acts 1967, No. 5, § 1, changed the name of the Arkansas State Teachers' College to the State College of Arkansas. Acts 1975, No. 3, § 1, changed the name of the State College of Arkansas to the University of Central Arkansas and § 2 of the act provided in part that the University of Central Arkansas would succeed to all the rights and benefits, and would assume all the responsibilities of, the State College of Arkansas.

Effective Dates. Acts 1907, No. 317, § 20: effective on passage.

Acts 1909, No. 100, § 12: effective on passage.

Acts 1941, No. 128, § 7: approved Mar. 11, 1941. Emergency clause provided: “It is found and declared that the boards of the educational institutions of this State should be as free of politics as possible, and that elective or appointive officers of the State, because of the press of other duties, are not able to devote the time and attention to the interest of the educational institutions that should be devoted by board members; that some members of the Board of Henderson State Teachers' College and of Teachers' College at Conway do not reside in the territory from which the said colleges draw most of their students and were established to serve; that it would be to the best interests of the institutions to reorganize the boards governing them at the earliest possible date, and that it is therefore necessary for the preservation of the public peace, health and safety that this act become effective without delay; an emergency is hereby declared and this act shall take effect and be in force from and after its passage.”

Acts 1943, No. 1, § 9: Jan. 14, 1943. Emergency clause provided: “It is hereby found and declared that amendment No. 33 to the Constitution of the State of Arkansas, which will become effective on January 15, 1943, provides that the General Assembly shall arrange the terms of office of the members of boards charged with the management or control of all charitable, penal or correctional institutions and institutions of higher learning of the State of Arkansas in such manner that the term of office of one member of said board shall expire each year and that said amendment further provides that the unexpired terms of members serving on the effective date of the amendment shall not be decreased; and, it is further found and declared that the terms of members of all of said Boards do not expire in a manner which will make operative all of the provisions of said amendment. It is found, therefore, that delay in the effective date of this act will create confusion by reason of the uncertain status of present board members, and, that in order to preserve the public peace, health and safety, an emergency is hereby declared to exist, and this act shall take effect and be in full force from and after its passage and approval.”

Acts 1975, No. 3, § 5: Jan. 21, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that this Act is immediately necessary to meet the expanding needs and responsibilities of the State College of Arkansas to provide additional educational activities on a university level on a statewide basis, and to more adequately fulfill its changing role as a multi-purpose institution of higher learning. The General Assembly further finds that the enrollment of this State-supported institution of higher learning and the expanded needs and demands for additional services to meet the higher educational needs of the State of Arkansas and its people necessitates the immediate implementation of steps to convert and expand the programs of said institution to include educational opportunities at the university level, and that the immediate passage of this Act is necessary to accomplish the aforementioned purposes. Therefore an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall take effect and be in full force from and after its passage and approval.”

Acts 1989 (1st Ex. Sess.), No. 45, § 11: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to be the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1992 (1st Ex. Sess.), No. 24, § 6 and No. 25, § 7: Mar. 5, 1992. Emergency clause provided: “It is hereby found and determined by the General Assembly that some of the language in the law establishing the University of Central Arkansas is obsolete and should be eliminated as soon as possible. Since this act will eliminate the obsolete language, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2005, No. 891, § 2: Mar. 16, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the University of Central Arkansas is in dire need of additional student housing; that the provisions of this act will enable the University of Central Arkansas to acquire and lease student housing; and that it is necessary that this act become effective May 15, 2005 to enable the University of Central Arkansas to complete student housing plans before the beginning of the 2005 fall semester. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 724, § 10: July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2019 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2019 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2019”.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-67-101. Establishment and purpose.

For the purposes of providing educational opportunities at the university level on a statewide basis and more adequately fulfilling its changing role as a multipurpose, comprehensive institution of higher learning, there is established and maintained an institution to be known as the University of Central Arkansas.

History. Acts 1907, No. 317, § 1, p. 762; C. & M. Dig., § 9586; Pope's Dig., § 13083; A.S.A. 1947, § 80-2601; Acts 1992 (1st Ex. Sess.), No. 24, § 1; 1992 (1st Ex. Sess.), No. 25, § 1.

6-67-102. Board of Trustees of the University of Central Arkansas.

  1. There is created an honorary board constituting the Board of Trustees of the University of Central Arkansas, which is made and constituted a body politic and corporate.
    1. The board shall consist of seven (7) members.
    2. The Governor, by and with the advice and consent of the Senate, shall appoint the members of the board.
    3. The Secretary of State shall furnish a certificate to each board member within ten (10) days following appointment, whereupon the appointee shall notify the Governor and the Secretary of State in writing of his or her acceptance of the appointment within thirty (30) days, and if the appointee shall fail to give such notice of his or her acceptance within the time required, then the appointment shall be declared void and another appointment shall be made.
    1. Members of the board appointed by the Governor under the provisions of this section, in addition to possessing the qualifications of an elector, shall reside in the State of Arkansas.
      1. The Governor, Attorney General, Secretary of State, Auditor of State, Treasurer of State, Commissioner of State Lands, a Justice of the Supreme Court, and the director or employees of any state department, state agency, or state institution shall be ineligible for membership on the board provided for in this section during the time for which he or she was elected or appointed.
      2. No individual may be a member of more than one (1) of the boards created under the provisions of § 25-17-201 at the same time.
    1. The term of office for each member shall commence on January 15 and shall end on January 14 of the seventh year following the year in which the regular term commenced.
    2. The Governor shall submit to the Senate for approval, on or before the fourteenth day following the commencement of each regular session of the General Assembly, the names of all unconfirmed appointments made by him or her to fill expired terms and the names of appointments to fill the terms expiring during the regular session of the General Assembly. The members appointed by the Governor to fill vacancies caused by the expiration of the terms of members may qualify and hold office until the appointments are rejected by the Senate.
  2. Any vacancies arising in the membership of the board for any reason other than the expiration of the regular terms for which the members were appointed shall be filled by the appointment of the Governor, subject to the approval by a majority of the remaining members of the board, and shall be thereafter effective until the expiration of the regular terms.
  3. Before entering upon his or her respective duties, the trustee shall make and subscribe to an affidavit to faithfully, diligently, and impartially discharge the duties of his or her office.
      1. There shall be one (1) regular meeting of the board each year, to be held within thirty (30) days after the close of commencement week.
      2. Called meetings may be held at the request of the president or of any two (2) members of the board if at least seven (7) days' written notice is given in advance to each member of the called meeting, except in cases of emergency, when three (3) days' notice is sufficient.
    1. The board shall elect from its members a chair who shall preside at the meetings of the board, a vice chair who shall preside at the meetings of the board in the absence of the regular chair, and a secretary who shall keep the records of the meetings of the board. The secretary need not be a member of the board.
    2. A majority of the board shall constitute a quorum.
    3. Members of the board provided for in this section may receive expense reimbursement in accordance with § 25-16-901 et seq.
    1. The Governor shall have the power to remove any member of the board before the expiration of his or her term for cause only, after notice and hearing.
    2. The removal shall become effective only when approved in writing by a majority of the total number of the board, but the member removed or his or her successor shall have no right to vote on the question of removal.
    3. The removal action shall be filed with the Secretary of State together with a complete record of the proceedings at the hearing.
      1. An appeal may be taken to the Pulaski County Circuit Court by the Governor or the member ordered removed, and the appeal shall be tried de novo on the record of the hearing before the Governor.
      2. An appeal may be taken from the circuit court to the Supreme Court, which shall likewise be tried de novo.

History. Acts 1907, No. 317, §§ 5, 6, p. 762; 1909, No. 100, § 5; C. & M. Dig., §§ 9590, 9591; Pope's Dig., §§ 13094, 13095; Acts 1941, No. 128, § 3; 1943, No. 1, §§ 2, 4-7; A.S.A. 1947, §§ 7-201, 7-203, 7-204 — 7-206, 80-2606, 80-2607; Acts 1997, No. 250, § 38; 2005, No. 891, § 1; 2005, No. 1994, § 393.

A.C.R.C. Notes. This section is set out as amended by Acts 2005, No. 891, § 1, which specifically deleted the criminal provision. Subsection (f) of this section was also amended by Acts 2005, No. 1994, § 393, to read as follows:

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

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

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

Publisher's Notes. Arkansas Constitution, Amendment 33, § 1, provided, in part, that the terms of office of seven-member boards are seven years.

Those provisions of Acts 1943, No. 1 which established honorary boards and commissions governing various state institutions are codified in full as § 25-17-201 et seq. and are codified with respect to particular institutions in this section and §§ 6-43-101, 6-43-102, 6-65-103, 6-65-201, 6-65-202, 6-65-301, 6-65-302, 6-66-101, 6-66-102, and 6-67-103.

Acts 1943, No. 1, § 7, provided, in part, that as soon as practicable after January 14, 1943, the board created by this section would meet, organize, elect their officers, and transact such other business as might come before the meeting.

Acts 1975, No. 3, § 2, provided, in part, that the Board of Trustees of the State College of Arkansas would thereafter be designated as the Board of Trustees of the University of Central Arkansas.

Acts 1975, No. 3, § 3, provided that nothing in the act would have the effect of making any change in the personnel or tenure of office of any member of the Board of Trustees of the State College of Arkansas. The section further provided that the Board of Trustees of the State College of Arkansas would continue to serve as members of the Board of Trustees of the University of Central Arkansas as if the University of Central Arkansas had been the school's name at the time of the appointment of the then-existing members of the board.

Cross References. Semiannual meetings required, § 25-17-208.

Case Notes

Cited: Jackson v. Bishop, 404 F.2d 571 (8th Cir. 1968); Walther v. McDonald, 243 Ark. 912, 422 S.W.2d 854 (1968).

6-67-103. Powers and duties of board.

  1. The Board of Trustees of the University of Central Arkansas created in § 6-67-102 is charged with the management and control of the University of Central Arkansas.
  2. The board shall have the power, authority, and duties formerly conferred by law on the board which it succeeds, including those set forth in this section.
  3. The board shall be charged with the liabilities of the corporate body which it succeeds.
    1. The board shall:
      1. Have perpetual succession of officers and members;
      2. Have the right to use and keep a common seal and to alter the seal at will;
      3. Have the right to contract and be contracted with; and
      4. Have the right to own, purchase, sell, and convey property, real, personal, and mixed, and be authorized and empowered to receive and hold donations, devises, bequests, and legacies for the use and benefit of the university, provided that all property purchased under the authority of this chapter shall be free from liens and encumbrances and that the title to the property as well as to any donation that the board may receive shall be taken in the name of the members of the board and shall become the property of the State of Arkansas.
    2. The board shall have full power and authority from time to time to make, constitute, and establish such bylaws, rules, and orders not inconsistent with law as to the board seems necessary for the regulation, government, and control of the board as trustees and all officers, teachers, and other persons by the board employed in and about the university, all persons in the university, and regarding limitations as to number of pupils to be admitted.
    3. The board shall fix and regulate tuition and all fees, costs, and other charges for attendance at the university.
    4. Admission requirements shall be established by the board, in accordance with policies adopted by the board, consistent with the laws and rules of this state.
    5. The board shall have the authority to grant diplomas and degrees.

History. Acts 1907, No. 317, § 2, p. 762; C. & M. Dig., § 9587; Pope's Dig., § 13091; Acts 1941, No. 128, § 1; 1943, No. 1, § 3; 1975, No. 3, § 2; A.S.A. 1947, § 7-202, 80-2602.2, 80-2605; Acts 2003, No. 207, § 1; 2019, No. 315, § 392.

Publisher's Notes. The board created by § 6-67-102 succeeded to the power, authority, and duties of the board which was charged with the management or control of Arkansas State Teachers College, and was charged with the liabilities of the corporate body it succeeded, which was abolished by Acts 1943, No. 1, § 1.

Acts 1975, No. 3, § 2 provided, in part, that the Board of Trustees of the University of Central Arkansas would possess all the rights, power and authority of the Board of Trustees of the State College of Arkansas, which was also known as Arkansas State Teachers College.

As to codification of Acts 1943, No. 1, see Publisher's Notes to § 6-67-102.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (d)(4).

Cross References. Authorization for college extension courses, § 6-60-401 et seq.

Cooperative education program in state government, § 21-3-501 et seq.

Regulations as to establishment of branch campuses, § 6-61-303.

Case Notes

Cited: Parsons v. Burns, 846 F. Supp. 1372 (W.D. Ark. 1993).

6-67-104. Participation in federal and state aid authorized.

In order to qualify for federal aid to education in its several phases and at different levels of training and activities, the University of Central Arkansas is designated and directed to provide for and to participate in the educational training activities which have been or may be designated, and in the funds appropriated therefor by the federal government, for the support of educational programs, for the improved preparation of teachers, both general and vocational, for transportation of children, for improved housing, for night schools, for noncredit educational service, for rural libraries, for vocational guidance, for experimentation and research, for educational planning and demonstrations, and such other federal and state funds as may be provided for the improvement of the administration and facilities of education in the schools of Arkansas at the elementary, secondary, and collegiate levels.

History. Acts 1943, No. 349, § 3.

6-67-105. Course of study.

The Board of Trustees of the University of Central Arkansas shall prescribe the course of study for the University of Central Arkansas.

History. Acts 1907, No. 317, § 9, p. 762; C. & M. Dig., § 9594; Pope's Dig., § 13098; A.S.A. 1947, § 80-2609.

6-67-106. Model school.

The Board of Trustees of the University of Central Arkansas may provide for the establishment of a model school for practice in connection with the University of Central Arkansas and shall make the necessary rules for the government and support of the model school.

History. Acts 1907, No. 317, § 8, p. 762; C. & M. Dig., § 9593; Pope's Dig., § 13097; A.S.A. 1947, § 80-2608; Acts 2003, No. 207, § 2; 2019, No. 315, § 393.

Amendments. The 2019 amendment substituted “rules” for “regulations”.

6-67-107. Selection of instructors and students.

The Board of Trustees of the University of Central Arkansas shall elect instructors and fix their salaries and determine the conditions, subject to limitations specified in this chapter, on which pupils shall be admitted to the privileges of the school, but no election shall be valid unless at least four (4) members of the board shall vote in favor of the applicant whose name is being considered.

History. Acts 1907, No. 317, § 9, p. 762; C. & M. Dig., § 9594; Pope's Dig., § 13098; A.S.A. 1947, § 80-2609.

Case Notes

Due Process.

Board held to fully satisfy constitutional requirements for notice and a hearing before it offered instructor one year terminal contract. House v. University of Cent. Ark. ex rel. Bd. of Trustees, 684 F. Supp. 222 (E.D. Ark. 1988).

Election.

A property interest in tenured status did not arise from the vote by three trustees to award a special tenured contract. Since the requisite four votes needed to comply with this section were lacking, the action was, in effect, a nullity. House v. University of Cent. Ark. ex rel. Bd. of Trustees, 684 F. Supp. 222 (E.D. Ark. 1988).

6-67-108, 6-67-109. [Repealed.]

Publisher's Notes. These sections, concerning admissions requirements, tuition, and fees, were repealed by Acts 2003, No. 207, §§ 3, 4. The sections were derived from the following sources:

6-67-108. Acts 1907, No. 317, § 11, p. 762; C. & M. Dig., § 9596; Pope's Dig., § 13100; A.S.A. 1947, § 80-2611.

6-67-109. Acts 1907, No. 317, §§ 8, 15; C. & M. Dig., §§ 9593, 9600; Acts 1927, No. 26, § 4; Pope’s Dig., §§ 13090, 13097, 13104; A.S.A. 1947, §§ 80-2604, 80-2608, 80-2615.

6-67-110. [Repealed.]

Publisher's Notes. This section, concerning scholarships, was repealed by Acts 1992 (1st Ex. Sess.), Nos. 24 and 25, § 2. The section was derived from Acts 1907, No. 317, § 10, p. 762; C. & M. Dig., § 9595; Pope's Dig., § 13099; A.S.A. 1947, § 80-2610.

6-67-111. Custodian of funds — Payment of bills and accounts.

  1. The Treasurer of State shall be the custodian of the funds of the Board of Trustees of the University of Central Arkansas, and he or she shall pay out the funds of the institution only upon warrant issued by the Auditor of State.
  2. The Auditor of State shall issue warrants upon vouchers issued by the President of the Board of Trustees of the University of Central Arkansas and attested by the Secretary of the Board of Trustees of the University of Central Arkansas.
  3. All bills and accounts against the institution shall be made out and receipted in duplicate, and when forwarding the payroll and expense list each month, the president of the board shall forward one (1) set of such bills and vouchers to be filed in the office of the Auditor of State and kept for public inspection.

History. Acts 1907, No. 317, §§ 12, 13, p. 762; C. & M. Dig., §§ 9597, 9598; Pope's Dig., §§ 13101, 13102; A.S.A. 1947, §§ 80-2612, 80-2613.

6-67-112. Limitation of expenditures.

  1. It is made the duty of the Board of Trustees of the University of Central Arkansas to limit the number of teachers and their compensation and all the actual expenses thereof to the aggregate amount appropriated by the General Assembly for that purpose plus donations and bequests and the income that may be derived from the vested funds of the institution.
  2. All expenditures made by the board in excess of the funds mentioned in this section are declared unlawful and void.

History. Acts 1907, No. 317, § 14, p. 762; C. & M. Dig., § 9599; Pope's Dig., § 13103; A.S.A. 1947, § 80-2614.

A.C.R.C. Notes. Acts 2012, No. 150, § 8, provided: “TUITION REIMBURSEMENT. The Board of Trustees of the University of Central Arkansas shall be authorized to reimburse tuition, fees, and other educational related expenses of current faculty who seek additional education levels that will benefit the university in meeting accreditation and professional standards. Reimbursement shall be authorized only when the reimbursement request has been documented by the institution to meet critical shortage instructional areas.”

Acts 2014, No. 235, § 8, provided: “TUITION REIMBURSEMENT. The Board of Trustees of the University of Central Arkansas shall be authorized to reimburse tuition, fees, and other educational related expenses of current faculty who seek additional education levels that will benefit the university in meeting accreditation and professional standards. Reimbursement shall be authorized only when the reimbursement request has been documented by the institution to meet critical shortage instructional areas.”

Acts 2015, No. 223, § 8, provided:

“TUITION REIMBURSEMENT. The Board of Trustees of the University of Central Arkansas shall be authorized to reimburse tuition, fees, and other educational related expenses of current faculty who seek additional education levels that will benefit the university in meeting accreditation and professional standards. Reimbursement shall be authorized only when the reimbursement request has been documented by the institution to meet critical shortage instructional areas.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 49, § 8, provided:

“TUITION REIMBURSEMENT. The Board of Trustees of the University of Central Arkansas shall be authorized to reimburse tuition, fees, and other educational related expenses of current faculty who seek additional education levels that will benefit the university in meeting accreditation and professional standards. Reimbursement shall be authorized only when the reimbursement request has been documented by the institution to meet critical shortage instructional areas.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

6-67-113. Payroll deductions.

  1. The Board of Trustees of the University of Central Arkansas may permit deductions from the payrolls of university employees, if the employees authorize the deduction in writing, for contributions to:
    1. The University of Central Arkansas Foundation, Inc.; or
    2. Other programs or services authorized by the board and provided by the University of Central Arkansas to its employees.
    1. Payroll deductions under subsection (a) of this section may include voluntary payroll deductions for employees using on-campus programs and facilities.
    2. Payroll deductions under this subsection shall not be made on a pretax basis.
    3. This subsection does not reduce or eliminate payroll regulations otherwise established by law.

History. Acts 1989 (1st Ex. Sess.), No. 45, § 7; 2003, No. 207, § 5; 2019, No. 724, § 6.

A.C.R.C. Notes. Former § 6-67-113, concerning the University of Central Arkansas Foundation, Inc. payroll deductions, is deemed to be superseded by this section. The former section was derived from Acts 1987, No. 695, § 7. A similar provision which was also codified as § 6-67-113, and was previously superseded, was derived from Acts 1985, No. 627, § 7.

Acts 2013, No. 787, § 7, provided: “MEMBERSHIP AUTHORIZATION.

The Board of Trustees of the University of Central Arkansas is hereby authorized to enact voluntary payroll deductions for employees using on-campus programs and facilities. All such deductions shall be entirely voluntary in nature, shall require written authorization from each participant electing to use such deductions and shall not be made on a pre-tax basis. Nothing in this section shall be construed to reduce or eliminate the payroll regulations established elsewhere in Arkansas Statutes.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 235, § 7, provided:

“MEMBERSHIP AUTHORIZATION. The Board of Trustees of the University of Central Arkansas is hereby authorized to enact voluntary payroll deductions for employees using on-campus programs and facilities. All such deductions shall be entirely voluntary in nature, shall require written authorization from each participant electing to use such deductions and shall not be made on a pre-tax basis. Nothing in this section shall be construed to reduce or eliminate the payroll regulations established elsewhere in Arkansas Statutes.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 223, § 7, provided:

“MEMBERSHIP AUTHORIZATION. The Board of Trustees of the University of Central Arkansas is hereby authorized to enact voluntary payroll deductions for employees using on-campus programs and facilities. All such deductions shall be entirely voluntary in nature, shall require written authorization from each participant electing to use such deductions and shall not be made on a pre-tax basis. Nothing in this section shall be construed to reduce or eliminate the payroll regulations established elsewhere in Arkansas Statutes.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 49, § 7, provided:

“MEMBERSHIP AUTHORIZATION. The Board of Trustees of the University of Central Arkansas is hereby authorized to enact voluntary payroll deductions for employees using on-campus programs and facilities. All such deductions shall be entirely voluntary in nature, shall require written authorization from each participant electing to use such deductions and shall not be made on a pre-tax basis. Nothing in this section shall be construed to reduce or eliminate the payroll regulations established elsewhere in Arkansas Statutes.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Amendments. The 2019 amendment added (b) and designated the former section as (a); and inserted “in writing” in the introductory language of (a).

6-67-114. Biennial report to General Assembly.

  1. The Board of Trustees of the University of Central Arkansas shall biennially make a report to the General Assembly at the beginning of its regular session.
  2. The report shall be incorporated in the report of the Commissioner of Elementary and Secondary Education and shall set forth the financial and scholastic condition of the University of Central Arkansas, furnish such suggestions as in the board's judgment are necessary for the improvement of the university, and shall make any further recommendations that may seem wise and expedient to the board.

History. Acts 1907, No. 317, § 19, p. 762; C. & M. Dig., § 9602; Pope's Dig., § 13105; A.S.A. 1947, § 80-2616; Acts 2009, No. 962, § 7; 2019, No. 910, § 2013.

Amendments. The 2009 amendment inserted “regular” preceding “session” in (a).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b).

Chapter 68 Electronic Instructional Material

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-68-101. Definitions.

For purposes of this chapter:

  1. “Institution of higher education” means any accredited post- secondary educational institution, college, or university in this state;
      1. “Instructional material or materials” means textbooks and other materials written and published primarily for use by students that are required or essential to a student's success in a course of study in which a student with a disability is enrolled.
      2. The determination of which materials are required or essential to student success shall be made by the instructor of the course in consultation with the official making the request pursuant to § 6-68-102(4) in accordance with guidelines issued pursuant to § 6-68-107.
    1. “Instructional material or materials” includes nontextual mathematics and science materials to the extent that software is commercially available to permit the conversion of existing electronic files of the materials into a format that is compatible with braille translation software of alternative media for students with disabilities;
  2. “Nonprinted instructional materials” means instructional materials in formats other than print and includes instructional materials that require the availability of electronic equipment in order to be used as a learning resource, including, but not limited to, software programs, video disks, and video and audio tapes;
  3. “Printed instruction material or materials” means instructional material or materials in book or other printed form;
  4. “Specialized format” means braille, audio, or digital text that is exclusively for use by blind or other persons with disabilities; and
    1. “Structural integrity” means all of the printed instructional material, including, but not limited to, the text of the material sidebars, the table of contents, chapter headings and subheadings, footnotes, indexes, glossaries, and bibliographies.
    2. “Structural integrity” need not include nontextual elements such as pictures, illustrations, graphs, or charts. If good faith efforts fail to produce an agreement pursuant to § 6-68-102 between the publisher or manufacturer and the official making the request pursuant to § 6-68-102(4) in accordance with guidelines issued pursuant to § 6-68-107, as to an electronic format that will preserve the structural integrity of the printed instructional material, the publisher or manufacturer shall provide the instructional material in American Standard Code for Information Interchange text and shall preserve as much of the structural integrity of the printed instructional material as possible.

History. Acts 2001, No. 758, § 1.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Education Law, 24 U. Ark. Little Rock L. Rev. 453.

6-68-102. Electronic version of printed instructional material.

An individual, firm, partnership, or corporation that publishes or manufactures printed instructional materials for students attending any institution of higher education in the State of Arkansas shall provide to the accredited institution of higher education for use by students of that school any printed instructional material in an electronic format mutually agreed upon by the publisher or manufacturer and the school. Computer files or electronic versions of printed instructional materials shall maintain the structural integrity of the printed instructional material, be compatible with commonly used braille translation and speech synthesis software, and include corrections and revisions as may be necessary. The computer files or electronic versions of the printed instructional material shall be provided to the institution of higher education, at no additional cost and in a timely manner, upon receipt of a written request that does all of the following:

  1. Certifies that the institution of higher education has purchased the printed instructional material for use by a student with a disability or that a student with a disability attending or registered to attend that school has purchased the printed instructional material;
  2. Certifies that the student has a disability that prevents him or her from using standard instructional materials;
  3. Certifies that the printed instructional material is for use by the student in connection with a course in which he or she is registered or enrolled; and
  4. Is signed by the coordinator of services for students with disabilities at the institution of higher education and by an official responsible for monitoring compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. At the request of the institution of higher education, the Division of State Services for the Blind or the Division of Career and Technical Education may prepare and sign the certification.

History. Acts 2001, No. 758, § 1; Acts 2019, No. 910, § 2014.

Amendments. The 2019 amendment substituted “Division of Career and Technical Education” for “Department of Career Education” in (4).

6-68-103. Student use requirement.

  1. An individual, firm, partnership, or corporation specified in § 6-68-102 may also require that, in addition to the conditions enumerated in § 6-68-102, the request shall include a statement signed by the student, or if the student is a minor, the student's parent or legal guardian, agreeing to both of the following:
    1. The student will use the electronic copy of the printed instructional material in specialized format solely for his or her own educational purposes; and
    2. The student will not copy or duplicate the printed instructional material for use by others.
  2. If an institution of higher education permits a student to directly use the electronic version of an instructional material, the disk or file shall be copy-protected or reasonable precautions shall be taken to ensure that students do not copy or distribute electronic versions of instructional materials in violation of the Copyright Revisions Act of 1976, 17 U.S.C. § 101 et seq.

History. Acts 2001, No. 758, § 1.

6-68-104. Electronic versions of nonprinted instructional material.

An individual, firm, partnership, or corporation that publishes or manufactures nonprinted instructional materials for students attending any accredited institution of higher education in the State of Arkansas shall provide computer files or other electronic versions of the nonprinted instructional materials for use by students attending the institution, subject to the same conditions set forth in §§ 6-68-102 and 6-68-103(a) for printed instructional materials, when technology is available to convert these nonprinted instructional materials to a format that maintains the structural integrity of the nonprinted instructional materials that is compatible with braille translation and speech synthesis software.

History. Acts 2001, No. 758, § 1.

6-68-105. Transcription into braille — Requests for electronic instructional material.

  1. Nothing in this chapter shall be construed to prohibit a school or any educational assistant, instructor, or tutor from assisting a student with a disability by using the electronic version of printed instructional material provided pursuant to this chapter solely to transcribe or arrange for the transcription of the printed instructional material into braille or to otherwise assist the student. In the event that a transcription is made, the school shall have the right to share the braille copy of the printed instructional material with other students with disabilities.
  2. The president of each institution of higher education may each or in combination with others establish one (1) or more centers to process requests for electronic versions of instructional materials pursuant to this chapter. If a center or centers is established, each of the following shall apply:
    1. The student and the educational institution shall submit requests for instructional material made pursuant to § 6-68-102(4) to the center, which shall transmit the request to the publisher or manufacturer with the appropriate certification;
    2. If there is more than one (1) center, each center shall make every effort to coordinate requests within its segment;
    3. The publisher or manufacturer of instructional material shall be required to honor and respond only to those requests submitted through a designated center; and
    4. If a publisher or manufacturer has responded to a request for instructional materials by a center, or on behalf of all the centers within a segment, all subsequent requests for these instructional materials shall be satisfied by the center to which the request is made.

History. Acts 2001, No. 758, § 1.

6-68-106. Copyright protection.

Nothing in this chapter shall be deemed to authorize any use of instructional materials that would constitute an infringement of copyright under the Copyright Revision Act of 1976, 17 U.S.C. § 101 et seq.

History. Acts 2001, No. 758, § 1.

6-68-107. Guidelines.

The institution of higher education or any center which requests instructional material pursuant to this chapter shall each adopt guidelines consistent with this chapter for its implementation and administration. At a minimum, the guidelines shall address all of the following:

  1. The designation of materials deemed required or essential to student success;
  2. The determination of the availability of technology for the conversion of nonprinted materials pursuant to § 6-68-104 and the conversion of mathematics and science materials pursuant to § 6-68-104;
  3. The procedures and standards relating to distribution of files and materials pursuant to §§ 6-68-102 and 6-68-103(a); and
  4. Other matters as are deemed necessary or appropriate to carry out the purposes of this chapter.

History. Acts 2001, No. 758, § 1.

6-68-108. Violation.

Failure to comply with the requirements of this chapter shall be an act of discrimination pursuant to § 16-123-107(a)(2).

History. Acts 2001, No. 758, § 1.

Chapters 69, 70 [Reserved.]

[Reserved]

Chapter 71 Improvement Districts for Colleges and Universities

Effective Dates. Acts 1949, No. 260, § 52: Mar. 8, 1949. Emergency clause provided: “That it is found and determined as a fact that the provisions contained in this Act are immediately necessary in order that cities of the first class having a commission form of government may immediately furnish themselves with adequate college and university facilities and an emergency is hereby declared to exist and this act shall be in full force and effect from and after the date of its passage and approval.”

Acts 2009, No. 1480, § 117: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act makes various revisions to Arkansas election laws that are designed to improve the administration of elections and special elections and that these revisions should be implemented as soon as possible so that the citizens of this state may benefit from improved election procedures. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

6-71-101. Definitions.

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

  1. “Assessors” means the assessors named by the improvement district commissioners as provided for in this chapter;
  2. “Collector” means the improvement district collector named by the commissioners of the district;
  3. “Commission” means the five-member board to be appointed as provided for in this chapter;
  4. “Commissioner” means the board of improvement district commissioners appointed by the county judge of the county in which the district is located;
  5. “Corporate limits” means the municipal or city limits of any city of the first class;
  6. “District” means the special improvement districts provided for in this chapter; and
  7. “Real property” shall have the same meaning and signification as are attached to the words in the acts providing for the collection of state, county, and city revenue.

History. Acts 1949, No. 260, § 1; A.S.A. 1947, § 80-3601.

6-71-102. Applicability.

Nothing in this chapter shall apply to cities having a commission form of government.

History. Acts 1949, No. 260, § 2; 1951, No. 119, § 1; A.S.A. 1947, § 80-3602.

6-71-103. City of first class — Special improvement district.

  1. Any city of the first class in this state is created and constituted a special improvement district and shall be a public agency and body politic and corporate under the name of the city with the words “Special Improvement District”, and by that name may sue and be sued, plead and be impleaded, and have perpetual succession for the purposes hereinafter designated.
  2. The district may have a common seal and may make such bylaws and regulations from time to time as may be deemed proper, not inconsistent with this chapter or the laws of this state, for the purpose of carrying into effect the object of its creation.
  3. The district may appoint all officers and agents which it deems necessary and suitable for the conduct of the business of the corporation and may do all other acts and things not inconsistent with the laws of this state which may be proper to carry into effect the purposes and object of this chapter.

History. Acts 1949, No. 260, § 2; 1951, No. 119, § 1; A.S.A. 1947, § 80-3602.

6-71-104. Management commission.

  1. The affairs of the district shall be managed and controlled and all improvements authorized shall be made by a commission which shall be composed of five (5) landowners who are residents of the district.
  2. Within fifteen (15) days after the passage of this chapter, the members of the commission shall be appointed by the county judge of the county in which the district is located, and they shall serve during the existence of the district.
  3. The commissioners shall not be paid any salary but shall be paid on a per diem basis for the time actually engaged by them in the discharge of the duties of their office.
  4. The commissioners shall qualify by taking an oath that they will faithfully discharge the duties of their position.
  5. They shall elect one (1) of their number president, who shall preside at all meetings of the commission. The president shall vote on all questions and shall be the chief officer of the district.
  6. They shall appoint a secretary who shall hold office at their pleasure, who shall keep a record of the proceedings of the commission and shall receive such compensation as the commission may determine.
  7. A majority of the commission shall constitute a quorum for the transaction of business, and the commission may prescribe rules for its own government and fix its time of meeting.
  8. The commission shall have the right to employ such other persons and agents not mentioned in this chapter as, in its judgment, may be necessary to carry out the objects and purposes of this chapter.
  9. The commission shall make an annual statement showing in full all the transactions of the commission for the year, and a copy of the annual statement shall be filed with the county clerk of the county.

History. Acts 1949, No. 260, §§ 5, 6, 41; A.S.A. 1947, §§ 80-3605, 80-3606, 80-3643.

Publisher's Notes. In reference to the term “passage of this chapter,” Acts 1949, No. 260, § 52, provided that the act would take effect from and after its passage and approval. The act was signed by the Governor on March 8, 1949.

6-71-105. Public notice of passage of chapter — Methods of approval.

  1. Immediately upon the organization of the commission, or as soon thereafter as it is convenient, it shall give public notice of the passage of this chapter and of the commission's organization and the purposes of this chapter, and that the public improvement contemplated in this chapter is conditioned upon its approval by a majority in value of the owners of real estate within the district or a majority of the electors voting in a special election that may be held upon this chapter.
  2. This chapter may be submitted in either or both of the following modes to determine whether it shall become operative:
      1. If at any time within five (5) years from the passage of this chapter a petition purporting to be signed by a majority in value of the owners of real property within the district is filed with the commission, the commission shall give public notice of that fact in at least one (1) daily newspaper published in the county and set a day and place for the hearing not less than twenty (20) days after the first publication of the notice.
      2. At the place and time so designated, the commissioners shall examine the petition filed and examine the assessment of the real property within the district and, for the purpose of the hearing, may adjourn from day to day from time to time until the hearing is completed.
      3. At the hearing, any landowner in the district may be heard and evidence may be taken in such a manner as the commission may deem proper to determine the fact as to whether the petition is signed by a majority in value of the landowners of the district, as shown by the last county assessment of the lands within the district.
          1. If at the hearing the commissioners find that the petition is not signed by a majority in value of the landowners of the district, as shown by the last county assessment, they shall so declare. Such findings shall terminate proceedings under this chapter unless within the term herein limited another petition purporting to be signed by a majority in value of owners of real estate in the district is filed with the commission, when like proceedings shall again be had to determine whether a majority in value of the landowners of the district have signed the petition.
          2. However, the finding that a majority in value has not petitioned for the improvement shall not bar the chapter from becoming effective as provided in subdivision (b)(2) of this section and subsection (c) of this section.
        1. If the commission finds that the petition is signed by a majority in value of the landowners of the district as shown by the last county assessment, the commission shall so declare and shall proceed to carry out the purposes of this chapter.
        2. In either event, public notice shall be given in at least one (1) daily paper published in the county of that fact, and a copy of the findings shall be filed with the county court of the county;
      1. The commission may call at any time within five (5) years an election in accordance with § 7-11-201 et seq. to determine whether this chapter shall become operative and may call subsequent elections in accordance with § 7-11-201 et seq. after the chapter has failed to carry if the commission has good reasons to believe that a majority of the electors then favor this chapter.
      2. The election held under this section shall be held conformable as nearly as possible to the laws of the state governing general elections.
      3. The commission shall perform the duties of county election commissioners as nearly as applicable.
      4. All citizens of the city in which the district is located who possess a right to vote if the election were a general election for state officers, and no other, shall be entitled to vote in the election.
      5. The commission shall canvass the votes cast at the special elections. If the commission finds that a majority of the votes cast in the election were in favor of this chapter's becoming operative, the commission shall so declare and shall proceed to carry out the purposes of this chapter.
      6. Public notice shall be given of the commission's findings in either event in at least one (1) daily newspaper published in the county in which the district is located, and a copy of the commission's findings shall be filed with the county clerk of such a county.
  3. It is the intent of this section to permit this chapter to become operative if it is approved at any time within five (5) years in either of the foregoing methods and not to become operative unless approved within this period by one (1) or the other of the methods provided in this section.

History. Acts 1949, No. 260, § 7; A.S.A. 1947, §§ 80-3607 — 80-3609; Acts 2005, No. 2145, § 10; 2007, No. 1049, § 12; 2009, No. 1480, § 13.

Publisher's Notes. In reference to the term “passage of this chapter,” see note to § 6-71-104.

Amendments. The 2009 amendment substituted “§ 7-11-201 et seq.” for “§ 7-5-103(b)” twice in (b)(2)(A).

6-71-106. Multidistrict counties.

In all counties where there are two (2) levying courts, thereby creating separate districts, each district shall be a county for the purpose of this chapter.

History. Acts 1949, No. 260, § 7; A.S.A. 1947, § 80-3609.

6-71-107. Board of assessors — Assessment procedure.

  1. Immediately after ascertaining the cost of the public improvement contemplated by this chapter, the commission shall appoint three (3) assessors.
  2. Each of the assessors, before entering upon the discharge of his or her duty, shall take an oath to well and truly assess, to the best of his or her ability, the value of all benefits to be received by each landowner by reason of the proposed improvement as affecting each tract of land within the district.
  3. They shall ascertain the value of the real property within the district without the improvement and the value thereof as benefited by the improvement, and they shall charge against each lot, tract, or parcel of real estate in said district an assessment according to the value of the benefit that will accrue to it by reason of the construction of the college or university.
    1. The board of assessors, within ninety (90) days after its organization, shall complete its duties by filing with the commission a list showing the description of the property of the district, the owners' names as far as they appear from the last county assessments, such corrections as they may ascertain should be made, the valuation of each lot, tract, or parcel without the improvement, the valuation with the improvement, and the benefit estimated to accrue to each lot, tract, or parcel by reason of the improvement.
    2. The board shall file with the county clerk of the county the list for the inspection of all persons interested.
  4. Notice of the filing of the assessments shall be given by publication in at least one (1) daily newspaper published in the county, and the notice shall state a date not less than thirty (30) days distant and the place where complaint may be made by any landowner before the board of any assessment made against his or her property.
  5. The board shall correct any inequalities, injustices, or errors which it may find in the assessment and shall hold meetings for the purpose of hearing the complaints of the owners of land in the district as to the assessment so as to adjust the burden of the assessment to the benefit to accrue to the real property of the complainant.
  6. The board may adjourn from day to day until the hearings are completed.
      1. Any landowner aggrieved by the action of the board may take an appeal to the commission within thirty (30) days from the action of the board upon his or her complaint, or any landowner may appeal from the action of the board from any assessment which acts unequally upon his or her property.
      2. The commission shall hear all appeals and determine them.
    1. Appeals may be taken from the commission to the county court in the same manner as is now provided by law that appeals may be taken from the county equalization boards to the county court, which appeal shall be taken within thirty (30) days from the action of the commission complained of and not thereafter.
  7. The assessors shall be paid on a per diem basis, the amount to be fixed by the commission for the time actually engaged by them in the discharge of the duties of their office.

History. Acts 1949, No. 260, § 8; A.S.A. 1947, § 80-3610.

6-71-108. Apportionment of assessments — Annual installments.

  1. As soon as all of the assessments have been equalized and adjusted as aforesaid, the commission, by resolution, shall charge each lot, tract, and parcel of real estate in the district with an assessment equal to the benefit estimated in the assessment list to accrue to the lot, tract, or parcel of land.
  2. The commission shall apportion the assessment into annual installments so as to realize annually only that sum of money as will be necessary to meet the expenses incurred in each year for interest and a sinking fund to pay the bonded indebtedness with twenty percent (20%) for contingencies.

History. Acts 1949, No. 260, § 9; A.S.A. 1947, § 80-3611.

6-71-109. Assessment as lien on real property.

The assessment of benefits shall be a charge and a lien against all the real property in the district from the date of the resolution and shall be entitled to preference over all judgments, executions, encumbrances, or liens whenever created and shall continue until the local assessments, with any penalty and cost that may accrue thereon, shall be paid. However, between grantor and grantee all payments not due at the date of the transfer of such real property shall be payable by the grantee.

History. Acts 1949, No. 260, § 9; A.S.A. 1947, § 80-3611.

6-71-110. Deferral of levy.

  1. The commission is given the authority to defer the levying of assessments for the first five (5) years after the assessments are made a lien upon the real property of the district if the district has funds with which to meet its interest charges and other debts in the five (5) years from the sale of bonds or other sources.
  2. The authority conferred by this section shall not prevent the annual levying of the assessments unless funds are provided to meet all maturing obligations of the district during the period that the commission is authorized to withhold the annual levies, and any creditors or bondholder may compel by mandamus a levy of an annual assessment equal to one-twentieth (1/20) of the indebtedness of the district whenever it is shown that the district does not have sufficient funds to meet its annual maturing indebtedness and the levy has not been made.
    1. The object and purpose of this authority conferred upon the commission is to permit it to withhold, in whole or in part, annual levies for a proportional part of the obligations of the district if in the first five (5) years the district has from the sale of bonds or other sources sufficient funds to meet all its obligations due in the period.
    2. Otherwise, the levy is to be made and a collection enforced of an assessment equal to one-twentieth (1/20) of the entire indebtedness of the district.

History. Acts 1949, No. 260, § 9; A.S.A. 1947, § 80-3611.

6-71-111. Limitation on assessments.

The improvements undertaken by this chapter shall not exceed ten percent (10%) of the valuation of the real property in the district, subject to improvement district assessment, as ascertained by the county assessment of the property referred to heretofore. However, this limitation of ten percent (10%) of valuation shall not prevent an annual assessment as provided in this chapter for the maintenance of the improvement.

History. Acts 1949, No. 260, § 9; A.S.A. 1947, § 80-3611.

6-71-112. Assessment of railroads, tramroads, etc.

  1. All railroads, tramroads, right-of-ways, roadbeds, and appurtenances in the district shall be assessed according to the betterments and increase in value in like manner as is herein prescribed for real estate, except that the assessment shall be made per mile.
  2. No error in the name and residence of the owners or the description thereof shall invalidate the assessment if sufficient description of the property sought to be taxed is given to ascertain where it is situated.
    1. The commissioner shall annually appoint a board of assessors, which shall each year perform the duties provided in this chapter.
    2. The board shall continue as far as possible the assessments first made but shall take into consideration improvements and enhanced values so as to equalize the burden of taxation within the district.

History. Acts 1949, No. 260, § 9; A.S.A. 1947, § 80-3611.

6-71-113. Maintenance assessments.

  1. For the purpose of maintaining and keeping the improvements in good state, when authorized in the petition provided for in § 6-71-105, the board of assessors shall each year assess the value of all benefits to be received by each lot, tract, or parcel of land in the district by reason of the maintenance and keeping of the improvement for the following year as affecting each of the lots, tracts, or parcels of land and shall at once proceed to record in the assessment book of the district the value of such benefits to accrue to each of the lots, tracts, or parcels of land.
  2. Immediately upon the recording of the assessment of benefits, notice thereof shall be inserted in a newspaper published in the county, and the assessment shall become final unless attacked within thirty (30) days thereafter in the circuit court of the county in which the district is located.
  3. Each annual assessment for such maintenance shall be in addition to the ten percent (10%) limitation permitted for the original cost of the improvement by § 6-71-111 but shall not be in excess of one-fifth of one percent (0.2%) of the valuation of the real property in the district, as ascertained by the county assessment of the property referred to heretofore.
  4. The commission shall provide by resolution for the levy of the assessment of the benefits for the purpose of maintenance as made by the assessors.
  5. The assessment shall be a charge and lien against all the real property in the district from the date of the resolution and shall be entitled to preference over all judgments, executions, encumbrances, or liens whensoever created, except the lien for original assessments, and shall continue until such assessments, with any penalty and costs that may accrue, shall be paid. However, as between grantor and grantee, all payments not due at the date of transfer of such real property shall be payable by the grantee.
  6. Notice and collection of the assessment, the infliction of a penalty for nonpayment, and the enforcement and foreclosure of the lien shall all be had and done in the same manner as is provided in reference to the original assessment.

History. Acts 1949, No. 260, § 9; A.S.A. 1947, § 80-3611.

6-71-114. Collector and treasurer.

  1. The commission shall appoint a collector and a treasurer for the district.
  2. These officers shall execute bonds to the commission in sums equal to two (2) times the amount of money which will probably come into their hands, with good and sufficient security to be approved by the commission, conditioned that they will faithfully discharge the duties of their office and account for and pay over all moneys that may come into their hands, according to law and the order of the commission.
  3. The collector shall receive a sum not to exceed two percent (2%) and the treasurer not to exceed one percent (1%) of the moneys that come into his or her hands for the services performed.

History. Acts 1949, No. 260, § 10; A.S.A. 1947, § 80-3612.

A.C.R.C. Notes. Subsection (b) may be affected by optional blanket bond provisions adopted pursuant to § 21-2-601 et seq.

6-71-115. Borrowing of money — Bonds.

  1. In order to hasten the completion of the improvement, the commission is authorized to borrow money not exceeding the estimated cost of improvement, including in the cost of the improvement the interest which may accrue upon the bonds which may be issued to raise funds to pay for the improvement, and to issue interest-bearing bonds therefor. The commission may pledge all the uncollected assessment, or so much thereof as may be necessary for the payment therefor, except such assessment as may be required to be pledged for the acquisition of the real estate on which the improvement is to be located and such as may be necessary to create a sinking fund to pay the bonds or to retire them.
  2. The bonds shall be a lien upon the real estate of the district.
  3. The commission shall create a sinking fund from the annual assessments in order that the bonds may be paid at maturity or retired earlier, if possible, or the commission may provide for the annual retirement of a portion of the bonds from the assessment levied.

History. Acts 1949, No. 260, § 12; A.S.A. 1947, § 80-3614.

6-71-116. Warrant for collection of assessments — Form.

  1. Within ten (10) days after the completion of the assessment list and apportionment thereof for the first year, the secretary of the commission shall deliver to the collector a warrant authorizing the collector to collect the assessment of that year from the land in the district.
  2. The warrant may be in the following form:
  3. The secretary shall annually thereafter extend against each of the lots, tracts, and parcels of real estate the payment due thereon for such year, and shall issue like warrants annually to the collector until the assessment shall be fully paid.

“STATE OF ARKANSAS, SPECIAL IMPROVEMENT DISTRICT To the Collector of the Special Improvement District: You are hereby commanded to collect from the owners of real property described in the annexed list the assessments as extended thereon for the current year, and to pay the same to the treasurer of said district within sixty (60) days from this date. Witness my hand and seal of said district this day of , 20 . Secretary”

Click to view form.

History. Acts 1949, No. 260, § 13; A.S.A. 1947, § 80-3615.

6-71-117. Publication of notice for collection.

  1. The collector shall immediately upon receipt of the assessment list cause to be published in a newspaper of general circulation in the district a notice which shall be in the following form:
  2. The notice shall be published for two (2) weeks.

“SPECIAL ASSESSMENT The tax books for the collection of the special assessment upon the real property in the Special Improvement District have been placed in my hands. All owners of real property lying in the district are required to pay their assessment to me within thirty (30) days from this date. If such payment is not made, action will be commenced at the end of that time for the collection of the assessment and for legal penalties and costs. Given unto my hand this day of , 20 . Collector”

Click to view form.

History. Acts 1949, No. 260, § 14; A.S.A. 1947, § 80-3616.

6-71-118. Delinquent assessment — Penalty.

If any assessment made under this chapter is not paid within the time mentioned in the notice published by the collector, the collector shall add thereto a penalty of twenty percent (20%) and shall at once return a list of the property on which the assessments have not been paid to the commission of the district as delinquent.

History. Acts 1949, No. 260, § 15; A.S.A. 1947, § 80-3617.

6-71-119. Suit to enforce lien.

  1. The commission shall straightway cause a complaint in equity to be filed in the court having jurisdiction of suits for the enforcement of liens upon real property for the condemnation and sale of such delinquent property for the payment of such assessments, penalty, and costs of suit.
  2. In the complaint it shall not be necessary to state more than the fact of the assessment and the nonpayment thereof within the time required by law, without any further statement of any step required to be taken by the commission or any other officer whatever, concluding with the prayer that the delinquent property be charged with the amount of the assessment, penalty, and costs of suit and be condemned and sold for the payment thereof.

History. Acts 1949, No. 260, § 16; A.S.A. 1947, § 80-3618.

6-71-120. Exhibition of resolutions or documents unnecessary.

It shall not be necessary to exhibit with the complaint any copy of any resolutions or other document or paper connected with the assessment and collection for the sums assessed under this chapter.

History. Acts 1949, No. 260, § 17; A.S.A. 1947, § 80-3619.

6-71-121. Suits against several owners may be joined.

It shall be no objection to any suit brought for the purpose that the land of two (2) or more owners are joined in the same proceedings, and such suits may be brought against one (1) or more owners, providing the suit is brought in the county in which the land is situated.

History. Acts 1949, No. 260, § 18; A.S.A. 1947, § 80-3620.

6-71-122. Owner as defendant — Proceedings in rem.

  1. The owner of property assessed shall be made a defendant if known.
  2. If he or she is not known, that fact shall be stated in the complaint and the suit shall proceed as a proceeding in rem against the property assessed.

History. Acts 1949, No. 260, § 19; A.S.A. 1947, § 80-3621.

6-71-123. Summons — Return day — Default.

  1. Summons shall be issued, and the defendant shall be required to appear and respond within five (5) days after service.
  2. Upon default a decree shall be rendered against such property for the amount of such assessment, penalty, costs, and attorney's fees.

History. Acts 1949, No. 260, § 20; A.S.A. 1947, § 80-3622.

6-71-124. Constructive service.

  1. If the sheriff or other officer to whom the writ may be directed shall return that the defendant is not to be found in his or her county, or if the owner is stated in the complaint to be unknown, service shall be made by affixing a copy of the summons to the property assessed or to some part thereof, for fifteen (15) days and by publishing a copy of the summons in some daily paper published in the county for one (1) insertion, and the cause shall be made ready for hearing within fifteen (15) days after such publication. A decree shall be rendered as in case of actual service.
  2. The publication shall be made by the officer having the writ of service and shall be shown by his or her return.

History. Acts 1949, No. 260, §§ 21, 23; A.S.A. 1947, §§ 80-3623, 80-3625.

6-71-125. Suits have precedence over other cases.

For the purpose of taking every step in such suits as herein referred to, the court shall be always open. All cases brought under this chapter shall have the precedence of all other cases pending in the court and shall be decided within thirty (30) days after service of publication.

History. Acts 1949, No. 260, § 22; A.S.A. 1947, § 80-3624.

6-71-126. Form of decree.

If the decree is in favor of the district and for the condemnation of the land, it shall be for the penalty and costs of suit as well as for the amount of assessment.

History. Acts 1949, No. 260, § 24; A.S.A. 1947, § 80-3626.

6-71-127. Suit in name of district.

The suit shall be brought in the name of the district.

History. Acts 1949, No. 260, § 25; A.S.A. 1947, § 80-3627.

6-71-128. Direction for sale of property.

  1. In its decree of condemnation, the court shall direct that if the sum adjudged shall not be paid within ten (10) days, the property shall be sold by a special commissioner, appointed for that purpose, upon twenty (20) days' notice.
  2. However, only so much of the property shall be sold as will pay the assessment, costs, and penalty, and no more.

History. Acts 1949, No. 260, § 25; A.S.A. 1947, § 80-3627.

6-71-129. Correction of description of property.

In the event that the description of any lot, tract, or parcel of property upon the list of the assessment hereinbefore provided to be made shall for any reason be uncertain, indefinite, or insufficient, then, in any suit brought to enforce the payment of any assessment, the court shall have power to correct such description and enforce the collection of any assessment therein, having due regard for the right of any party who may have intervened.

History. Acts 1949, No. 260, § 26; A.S.A. 1947, § 80-3628.

6-71-130. Commissioner's deed to purchaser.

  1. If any land sold under a decree as herein mentioned is not redeemed within the time allowed herein, the court in which the suit is brought for condemnation shall direct the special commissioner to execute to the purchaser or his or her assignee a deed, which may be in the form and have the force and effect of a deed of a special commissioner who has sold lands in a suit brought by an improvement district as prescribed in § 14-90-1303.
  2. The deed mentioned in subsection (a) of this section shall only be made on the filing of the certificate of purchase in the court, unless proof of the loss thereof shall be made to the satisfaction of the court.

History. Acts 1949, No. 260, §§ 27, 28; A.S.A. 1947, §§ 80-3629, 80-3630.

6-71-131. Sale to best bidder or district.

  1. The property shall be offered to the person who will pay the assessment, penalty, and costs for the least amount of the land.
    1. If none should offer the amount of the assessment, penalty, and costs, then the delinquent land shall be stricken to the special improvement district, and a deed shall be made to it in like manner as to an individual purchaser.
    2. It shall be lawful for the district to hold the land until such time as it may be sold advantageously in the judgment of the commission.

History. Acts 1949, No. 260, § 29; A.S.A. 1947, § 80-3631.

6-71-132. Allowance to special commissioner for sale of land.

No allowance to the special commissioner for his or her service shall exceed five dollars ($5.00) for each lot, tract, or parcel of land sold and certificate made by him or her.

History. Acts 1949, No. 260, § 30; A.S.A. 1947, § 80-3632.

6-71-133. Certificate of purchase.

The special commissioner shall execute to the purchaser a certificate of purchase in which shall be stated the whole sum paid by the purchaser.

History. Acts 1949, No. 260, § 31; A.S.A. 1947, § 80-3633.

6-71-134. Redemption.

  1. The owner may redeem from the purchaser any time within one (1) year after the sale by paying the purchaser the amount paid by the purchaser with twenty percent (20%) thereon, which redemption shall be noted upon the margin of the decree by the purchaser.
    1. If the purchaser cannot be found, the court may redeem by paying the amount to the clerk of the court wherein the decree is rendered, who shall then note the redemption as aforesaid.
    2. The clerk shall hold the redemption money subject to the order of the purchaser, free of charge or commission, and pay it over on demand.
    3. If the redemption money is not called for in twenty (20) days, the clerk shall advertise the receipt of the money by a notice inserted one (1) time in some newspaper published in the county.

History. Acts 1949, No. 260, §§ 32, 33; A.S.A. 1947, §§ 80-3634, 80-3635.

A.C.R.C. Notes. The operation of this section may be affected by § 18-40-101 et seq.

6-71-135. Reimbursement for assessments paid by purchaser.

If, in the period allowed for redemption, the purchaser pays any other assessment or tax lawfully levied upon the property, the owner, upon making redemption, shall repay the assessment or tax to the purchaser, with twenty percent (20%) added thereto.

History. Acts 1949, No. 260, § 34; A.S.A. 1947, § 80-3636.

6-71-136. Appeals to Supreme Court.

  1. If any appeal is taken from any decree mentioned in this chapter, the Supreme Court shall advance the cause on its docket and shall hear and decide the cause on as early a day as practicable.
  2. The transcript shall be filed in the office of the Clerk of the Supreme Court within twenty (20) days after rendering the decree appealed from.
  3. The Supreme Court shall either affirm or reverse the decree appealed from or render such a decree as should have been rendered by the lower court or shall remand the decree to the inferior court without delay.
  4. In taking such an appeal, the appellant shall only include in the transcript so much of the records as are related to his or her own land.
  5. No appeal shall be prosecuted from any decree after the expiration of the twenty (20) days herein granted for filing the transcript in the office of the Clerk of the Supreme Court.

History. Acts 1949, No. 260, §§ 35-38; A.S.A. 1947, §§ 80-3637 — 80-3640.

6-71-137. Notice by publication.

If the owners of such property are nonresidents of this state, infants, or persons of unsound mind, notice shall be given by publication in any newspaper in the county where the land is situated which is authorized by law to publish legal notices, which notice shall be published for the same length of time as may be required in other civil causes.

History. Acts 1949, No. 260, § 39; A.S.A. 1947, § 80-3641.

6-71-138. Appointment of guardian ad litem.

In all cases of infants or persons of unsound mind where no legal representative or guardian appears in their behalf at the hearing, it shall be the duty of the court to appoint a guardian ad litem who shall represent their interest for all purposes.

History. Acts 1949, No. 260, § 40; A.S.A. 1947, § 80-3642.

6-71-139. Power to hold and acquire property.

  1. The special improvement district created in this chapter shall have the power to acquire and hold real and personal property and may receive gifts, donations, and bonuses for the purpose of carrying out the object and purpose of the chapter.
  2. The district shall have power to acquire such real estate as may be necessary for the reestablishment and expansion of the college or university, and the commission is clothed with authority to contract for the necessary land for the improvement and to pledge so much of the revenues of the district as may be necessary to pay for the improvement.
  3. The district herein created may construct, operate, and maintain the improvement on the lands of private individuals or corporations, provided that, just damages shall be paid to the private owners of land taken or used for the improvement.

History. Acts 1949, No. 260, § 42; A.S.A. 1947, § 80-3644.

6-71-140. Acquisition of private property.

  1. In the event that the special improvement district fails to obtain, by agreement with the owner, property for the improvement or the right thereto, it may apply to the circuit court of the county in which the property is assessed, giving the owner of such property at least ten (10) days' notice in writing of the time and place where the petition will be heard.
  2. The petition shall describe, as nearly as may be, the real estate which is sought and for which damages are asked to be assessed, whether improved or unimproved, and be sworn to by one (1) of the commissioners.
  3. It shall be the duty of the court to impanel a jury of twelve (12) persons, as in other civil cases, to ascertain the amount of compensation which the district shall pay, and the matter shall proceed and then be determined as in other civil causes.
  4. The amount of damages to be paid the owner of the lands for the use of such district shall be determined and assessed irrespective of any benefit the owner may receive from any improvement proposed by such district.
  5. In all cases where damages for the site of expansion for the use of the district have been assessed in the manner hereinbefore provided, it shall be the duty of such district to deposit with the court or pay to the owners the amount so assessed and pay such costs as may, in the discretion of the court, be adjudged against it, within thirty (30) days after such assessment, whereupon it shall and may be lawful for such district to enter upon and use such lands forever.
  6. Where the determination of questions in controversy in such proceedings is likely to retard the progress of the work on the special improvement, the court or judge, in vacation, shall designate an amount of money to be deposited by such district, subject to the order of the court, for the purpose of making compensation when the amount thereof shall have been assessed as aforesaid, and the judge shall designate the place of such deposit.
  7. Whenever a deposit shall have been made in compliance with the order of the court or judge, it shall be lawful for such district to enter upon the land and proceed with its work through and over the land in controversy prior to the assessment and payment of damages for the use and right to be determined as aforesaid.

History. Acts 1949, No. 260, §§ 43-49; A.S.A. 1947, §§ 80-3645 — 80-3651.

6-71-141. Construction and maintenance of college or university — Inducing existing institutions to move to district.

The district shall have power to construct and maintain a college or university within the boundaries of the district and shall have power to negotiate and contract with and grant inducements to any other college or university now in existence for the removal of the college or university now in existence to that district. However, new buildings shall be constructed by the special improvement district.

History. Acts 1949, No. 260, § 3; A.S.A. 1947, § 80-3603.

6-71-142. Requirements for receipt of benefits.

  1. No college or university shall be established or reestablished under the provisions of this chapter in the district created by this chapter or shall be made the recipient of or receive any benefits under provisions of this chapter or by reason thereof unless the college or university has conferred upon its graduates at the time of their graduation regular written degrees of bachelor of arts and bachelor of science for at least ten (10) years prior to January 1, 1949.
  2. No college or university shall be made the recipient of or receive any benefits under the provisions of or by reason of this chapter unless the college or university shall conduct regular four-year academic and scientific courses of study which are adequate and properly qualified for conferring the degrees of bachelor of arts and bachelor of science and other degrees and unless all the buildings occupied by the college or university in the district are wholly new and not in existence on January 1, 1949, and to be constructed thereafter for such college or university.

History. Acts 1949, No. 260, § 4; A.S.A. 1947, § 80-3604.

Chapters 72-79 [RESERVED.]

[Reserved]

Subtitle 6. Postsecondary Education — Financial Assistance Programs

Chapter 80 General Provisions

A.C.R.C. Notes. Acts 2013, No. 1397, § 28, provided: “FINANCIAL AID PROGRAMS REPORTING.

The Arkansas Department of Higher Education shall report by May 30 to the House and Senate Interim Committees on Education the budgeted allocation for each financial aid program funded through the Higher Education Grants Fund Account for the upcoming fiscal year and projections for the following year.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 104, § 28, provided:

“FINANCIAL AID PROGRAMS REPORTING. The Arkansas Department of Higher Education shall report by May 30 to the House and Senate Interim Committees on Education the budgeted allocation for each financial aid program funded through the Higher Education Grants Fund Account for the upcoming fiscal year and projections for the following year.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 978, § 27, provided: “FINANCIAL AID PROGRAMS REPORTING.

The Arkansas Department of Higher Education shall report by May 30 to the House and Senate Interim Committees on Education the budgeted allocation for each financial aid program funded through the Higher Education Grants Fund Account for the upcoming fiscal year and projections for the following year.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 236, § 26, provided: “FINANCIAL AID PROGRAMS REPORTING. The Arkansas Department of Higher Education shall report by May 30 to the House and Senate Interim Committees on Education the budgeted allocation for each financial aid program funded through the Higher Education Grants Fund Account for the upcoming fiscal year and projections for the following year.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Effective Dates. Acts 1973, No. 745, § 15: July 1, 1973. Emergency clause provided: “It is hereby found and determined by the Sixty-Ninth General Assembly that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1973 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1973 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1973.”

Acts 1999, No. 1180, § 44: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1999 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1999 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1999.”

Acts 2011, No. 207, § 31: Mar. 8, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that increasing the number of Arkansans obtaining postsecondary credentials is critical to the economic health of the state and its citizens; that the Arkansas Scholarship Lottery provides the opportunity for tens of thousands of Arkansans to obtain postsecondary education; that the deadline for scholarship applications is June 1; that the financial integrity of the Arkansas Scholarship Lottery is critical to the continued existence of the scholarships; that the reporting and research provisions of this act are critical for timely decisions by the General Assembly on scholarship awards; and that this act is immediately necessary because the Department of Higher Education must promulgate rules to implement this act well before June 1, 2011, in order to provide eligible Arkansans the opportunity to apply for the scholarship. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-80-101. Records — Reports.

  1. The University of Arkansas at Fayetteville shall maintain records of all applicants applying for financial assistance and shall adopt proper administrative procedures to ensure that students attending any state-supported or private institution in Arkansas shall be given the same consideration for receiving financial assistance from the appropriations provided for financial assistance.
  2. In addition, records shall be maintained in a manner such that timely reports shall be filed with the Governor, the General Assembly, and its interim committee stating by name of individual:
    1. The applications received;
    2. The schools in which the applicant did his or her undergraduate college study;
    3. The action taken by the administrator of these aid programs at the university; and
    4. The reason for the action if the financial assistance was denied.

History. Acts 1973, No. 745, § 13.

6-80-102. Compliance with Selective Service Act required.

  1. “Institution of higher education” has the meaning assigned by the Division of Higher Education.
  2. “Statement of selective service status” means a statement certifying that:
    1. The individual filing the statement is registered with the selective service system in accordance with the Military Selective Service Act, 50 U.S.C. Appx. § 451 et seq.; or
    2. The individual filing the statement is not required to register with the selective service system because the individual is:
      1. Under eighteen (18) years of age;
      2. In the United States Armed Forces on active duty, other than in a reserve or national guard unit;
      3. Neither a United States citizen nor a resident alien;
      4. A permanent resident of the trust territory of the Pacific Islands or the Northern Mariana Islands; or
      5. Excused from registration for some other reason provided by federal law and that reason is included in the filed statement.
  3. A male under twenty-six (26) years of age is not eligible to receive any loan, grant, scholarship, or other financial assistance for educational expenses that is partially or fully funded by the state or a state agency unless the individual has filed a statement of selective service status with the institution in which the individual plans to enroll.
  4. The division shall specify by rule the form of statements of selective service status and the supporting documents to be filed to be in compliance with this section. The division shall distribute to each institution of higher education a copy of all rules adopted under this section.

History. Acts 1989, No. 188, §§ 1-3; 2019, No. 910, §§ 2015, 2016.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a); and substituted “division” for “department” twice in (d).

6-80-103. [Repealed.]

Publisher's Notes. This section, concerning federal loan program default fees, was repealed by Acts 1999, No. 478, § 8. The section was derived from Acts 1995, No. 260, § 1; 1995, No. 261, § 1.

6-80-104. Selective Service registration.

  1. “Statement of selective service status” means a statement on an application for employment with the State of Arkansas or for admission to any public institution of higher education, sworn under penalty of perjury, that:
    1. The person filing the certificate is registered with the Selective Service System in accordance with the Military Selective Service Act, 50 U.S.C. Appx. § 451 et seq.; or
    2. The person filing the certificate is not required to register with the Selective Service System because the person is:
      1. Under eighteen (18) years of age;
      2. In the armed forces of the United States on active duty, other than in a reserve or national guard unit;
      3. An alien lawfully admitted to the United States as a non-immigrant under Section 101(a)(15) of the Immigration and Nationality Act, 8 U.S.C. § 1101, for so long as he or she continues to maintain a lawful non-immigrant status in the United States;
      4. A permanent resident of the trust territory of the Pacific Islands or the Northern Mariana Islands; or
      5. Excused from registration for other reason provided by federal law and that reason is included in the certificate.
  2. No person who is required to register with the Selective Service System shall be eligible for employment by any agency of the State of Arkansas or for admission to any public institution of higher education unless the person has signed a statement of selective service status.

History. Acts 1997, No. 228, § 1.

Cross References. Students called into military service, § 6-61-112.

6-80-105. Student financial aid — Scholarship stacking — Definitions.

  1. As used in this section:
    1. “Cost of attendance” means the recognized cost of attendance of an institution of higher education calculated under rules established by the Division of Higher Education;
    2. “Federal aid” means scholarships or grants awarded to a student as a result of the Free Application for Federal Student Aid, excluding the Pell Grant;
    3. “Other aid” means a scholarship, grant, waiver, or reimbursement for tuition, fees, books, or other cost of attendance, other than federal aid or state aid, provided to a student from a postsecondary institution or a private source;
    4. “State aid” means scholarships or grants awarded to a student from public funds, including without limitation the Arkansas Academic Challenge Scholarship under § 6-85-201 et seq., the Division of Higher Education scholarship and grant programs, state general revenues, tuition, and local tax revenue; and
      1. “Student aid package” means federal aid, state aid, and other aid a student receives for postsecondary education expenses.
      2. “Student aid package” does not include federal aid, state aid, or other aid received by a student who is:
        1. An active member of the United States Armed Forces;
        2. An active member of the National Guard;
        3. A member of the reserve components of the armed forces; or
        4. The spouse of a person under subdivision (a)(5)(B)(i), (ii), or (iii) of this section.
    1. A postsecondary institution shall not award state aid in a student aid package in excess of the cost of attendance at the institution where the student enrolls.
    2. For the purpose of stacking scholarships in a student's student aid package, the Arkansas Academic Challenge Scholarship under § 6-85-201 et seq. shall be reduced or returned first.
  2. A postsecondary institution shall report to the division the total amount of federal aid, state aid, and other aid a student receives if the student receives an award from a division scholarship or grant program, including the Arkansas Academic Challenge Scholarship under § 6-85-201 et seq.
    1. When a student receives a student aid package that includes state aid and the student aid package exceeds the cost of attendance, the postsecondary institution shall repay state aid in the amount exceeding the cost of attendance, starting with state aid received under the Arkansas Academic Challenge Scholarship under § 6-85-201 et seq.
    2. The division shall credit the excess state aid funds to the appropriate division fund or trust account.
  3. A student awarded state aid shall disclose all state aid, federal aid, and other aid to:
    1. The division if the division awards state aid to the student; and
    2. A postsecondary institution that awards state aid or other aid to the student.

History. Acts 1999, No. 1180, § 14; 2010, No. 265, § 18; 2010, No. 294, § 18; 2011, No. 207, §§ 2, 3; 2013, No. 957, § 1; 2019, No. 910, §§ 2017-2021.

Amendments. The 2010 amendment by identical acts Nos. 265 and 294 added present (a); redesignated former (a) through (c) as (b) through (d) and rewrote them.

The 2011 amendment rewrote (a)(3); and added (e).

The 2013 amendment redesignated (a)(5) as (a)(5)(A) and inserted (a)(5)(B).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a)(1) and (a)(4); and substituted “division” for “department” throughout (c) through (e).

6-80-106. Definitions and limitations on expenditures for academic and performance scholarships.

  1. For the purpose of this section:
      1. “Academic scholarships” means scholarships awarded:
        1. On a basis of criteria, including entrance exam scores, high school grade point averages, and rank in high school graduating class; or
        2. For merit or academic performance.
      2. “Academic scholarships” does not include:
        1. Graduate assistantships or fellowships;
        2. Tuition waivers based on age, military service, or occupation and out-of-state tuition waivers for graduate students or students from contiguous states in close proximity to a college or university;
        3. Scholarships for transfers from two-year institutions; and
        4. Scholarships made to a student who qualifies for a Pell Grant; and
      1. “Performance scholarships” means scholarships for band, musical performing groups, arts, theater, forensics, and similar activities that are not awarded on the basis of entrance exam scores or high school academic achievement.
      2. “Performance scholarships” does not include scholarships made to a student who qualifies for a Pell Grant.
    1. A state-supported institution of higher education shall not exceed its unrestricted educational and general tuition and mandatory fee income spending for academic and performance scholarships by more than:
      1. Thirty percent (30%);
      2. Twenty-five percent (25%) beginning in the 2012-2013 fiscal year; and
      3. Twenty percent (20%) beginning in the 2013-2014 fiscal year.
    2. All scholarship expenditures or tuition discounts not specifically excluded in subsection (a) of this section shall be counted toward the percentage of expenditures for academic and performance scholarships.
  2. Beginning in the 2013-2014 fiscal year all expenditures for academic and performance scholarships exceeding twenty percent (20%) of unrestricted educational and general tuition and mandatory fee income in a fiscal year shall be deducted from the state funding recommendations as determined by the appropriate funding formula model for the fiscal year in the following biennium.
  3. A state-supported institution of higher education shall report the percentage of unrestricted educational and general tuition and mandatory fee income spent on academic and performance scholarships during the previous fiscal year to the Arkansas Higher Education Coordinating Board no later than June 1 each year.

History. Acts 2005, No. 1795, § 1; 2009, No. 323, §§ 1–3; 2013, No. 957, §§ 2, 3.

A.C.R.C. Notes. Acts 2009, No. 323, § 3 omitted without striking through previously existing language in amending § 6-80-106(b). A.C.R.C. has determined that the omitted language was intended to be repealed and § 6-80-106(b) is set out above to reflect that intent.

Amendments. The 2009 amendment, in (a), inserted (a)(1)(B)(iv) and (a)(2)(B) and redesignated the remaining text of (a)(2) accordingly, rewrote (b); added (c) and (d); and made related changes.

The 2013 amendment deleted “maximum” in (a)(1)(B)(iv) and (a)(2)(B).

6-80-107. Transcripts — Definition.

    1. As used in this section, “electronic transcript” means a student transcript that is formatted and transmitted electronically in the uniform method prescribed by the Division of Higher Education and the Division of Elementary and Secondary Education for use by public schools and institutions of higher education in this state.
    2. An Arkansas public school shall use an electronic transcript in lieu of a paper transcript to:
      1. Provide to the Division of Higher Education as necessary to process state financial aid applications for students in grades nine through twelve (9-12);
      2. Transmit a transcript between public high schools to correctly enroll and place students in grades nine through twelve (9-12) transferring between public high schools and school districts; and
      3. Transmit a transcript to the Division of Elementary and Secondary Education.
    3. An institution of higher education in this state shall use an electronic transcript in lieu of a paper transcript:
      1. As the only method of accepting a transcript from an Arkansas public school;
      2. As the only method of accepting a transcript from or sending a transcript to another institution of higher education in this state;
      3. To provide to the Division of Higher Education as necessary to process state financial aid applications for higher education students; and
      4. To transmit a transcript to the Division of Elementary and Secondary Education.
    1. Except as provided under subdivision (b)(2) of this section, an institution of higher education that does not comply with this section shall not receive state financial aid on behalf of students.
    2. An institution of higher education with less than ten (10) students who receive financial aid from a program administered by the Division of Higher Education is exempt from the requirements under subsection (a) of this section and the penalty under this subsection.
    1. The Division of Elementary and Secondary Education shall prescribe a uniform method of formatting and electronically transmitting transcripts, which shall be used by all kindergarten through grade eight (K-8) public elementary or middle schools in this state.
    2. A public elementary or middle school shall use an electronic transcript in lieu of a paper transcript to transmit a transcript:
      1. Between public schools as necessary to correctly enroll and place students transferring between schools and school districts; and
      2. To the Division of Elementary and Secondary Education.

History. Acts 2005, No. 2203, § 1; 2007, No. 820, § 1; 2007, No. 1573, § 41; 2013, No. 330, § 2; 2019, No. 910, § 2022.

Amendments. The 2013 amendment rewrote the section.

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” and “Division of Elementary and Secondary Education” for “Department of Education” throughout the section.

6-80-108. Essays for institutional scholarships.

  1. If a state-supported institution of higher education requires the completion of an essay for an institutional scholarship application, the state-supported institution of higher education shall retain the essay for at least one (1) year after it is submitted by the student.
  2. During the period of time the essay is retained by the state-supported institution of education, only the student or the parent or guardian of the student may access the essay.

History. Acts 2015, No. 1186, § 1.

Chapter 81 Student Loans

Subchapter 1 — General Provisions

Publisher's Notes. Acts 1983, No. 937, § 8; 1983 (1st Ex. Sess.), No. 39, § 2; 1983 (1st Ex. Sess.), No. 51, § 2; 1985, No. 429, § 11, and 1985, No. 449, § 11, all provided that it was the intent of those acts that the provisions of Acts 1977, No. 873 which were not specifically affected by those acts were to remain in full force and effect.

Acts 1987, No. 631, § 6, provided that it was the intention of the act to amend such provisions of Acts 1977, No. 873, as amended, as were specifically mentioned in the act, and the remainder of the 1977 act, as amended, would remain in full force and effect as enacted until further amended or repealed.

Preambles. Acts 1979, No. 1072 contained a preamble which read:

“Whereas, the institutions of higher education have been participating in the National Defense/Direct Student Loan Program, established under Title II of the National Defense Education Act of 1958 (Public Law 85-64 as amended), and, the National Direct Student Loan Program in accordance with Section 503 of the Education Amendment of 1972 (Public Law 92-318); and

“Whereas, an institution of higher education that participates in the NDSL Program must make a capital contribution in an amount equal to not less than one-ninth (1/9) of the amount of the federal capital contribution; and

“Whereas, over the past several years many recipients have defaulted on NDSL notes and those notes have been deemed uncollectible; and

“Whereas, the Department of Health, Education and Welfare has agreed to accept those defaulted loans for collection and not consider said defaulted loans in the default rate of the institution in the coming fiscal year; and

“Whereas, institutions of higher education with excessive default rates will no longer be allowed to participate in the national direct Student Loan Program, and it is in the best interest of the State of Arkansas to transfer these loans to the Department of Health, Education and Welfare for collection;

“Now, therefore… .”

Effective Dates. Acts 1977, No. 873, § 25: Mar. 30, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need for providing a secondary market for student loan notes and establishing a fund for the making of student loans; that at the present time the only operating program for providing such funds is dependent upon private financial institutions furnishing the funds for such loans with such loans being guaranteed by the government, but being investments which considering their rate of return, maturity and servicing requirements, private financial institutions have been unable to make to the extent required; that it is urgent that a new program be established whereby bonds may be issued by a state agency or nonprofit corporation with the proceeds of such bonds to be used for making student loans and purchasing student loan notes thereby making more readily available educational loans to deserving young people who may now find it difficult to obtain a loan from private institutions and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1977, No. 951, § 7: July 1, 1977. Emergency clause provided: “It is hereby found and determined by the Seventy-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1977 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1977 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1977.”

Acts 1979, No. 633, § 4: Mar. 28, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that there is an urgent need to amend the requirements for appointing members to the Arkansas Student Loan Authority in order that existing vacancies may be filled and to clarify that fully secured repurchase agreements are authorized investments for Authority funds and that this Act should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1979, No. 1072, § 3: Apr. 18, 1979. Emergency clause provided: “It has been found and determined by the General Assembly of the State of Arkansas that the Department of Health, Education and Welfare will accept for collection the NDSL loans which have been deemed in default and uncollectible by the various institutions of higher education in the nation, without considering the transferred loans in the institutions default rate for the coming fiscal year, and, that those institutions who do not wish to participate in this transfer program and have an abnormally high default rate will no longer be eligible to participate in the National Direct Student Loan Program. Therefore, an emergency is declared to exist, and this Act, being necessary for the immediate preservation of public peace, health and safety shall be in effect from and after its passage and approval.”

Acts 1981, No. 296, § 9: Mar. 3, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need to continue and expand the student loan program previously established for the purpose of making educational loans more readily available to deserving young people; and that the amendment of certain of the provisions of the enabling legislation will serve to further and accomplish this purpose. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 762, § 3: July 1, 1981. Emergency clause provided: “It is hereby found and determined that the provisions of this Act are now contained in the appropriation act for the Arkansas Student Loan Authority for the biennium ending June 30, 1981; that the contents of this Act should be general law as opposed to provisions of an appropriation bill; therefore the provisions of this Act should go into effect July 1, 1981 and without an emergency being declared this Act would not go into effect until after July 1, 1981. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1981.”

Acts 1983, No. 937, § 10: Apr. 11, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need to continue and to expand the student loan program previously established for the purpose of making educational loans more readily available to deserving young people; that the financing of the program of the Arkansas Student Loan Authority to which this Act pertains is not feasible under existing maximum interest rate limitations; that the continuation and extension of the program of the Arkansas Student Loan Authority is essential to the continued development of the Authority and the education of the deserving persons of this State or persons attending educational institutions in this State; and that the amendment of certain of the provisions of the enabling legislation will serve to further and accomplish this purpose. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect, from and after its passage and approval.”

Acts 1983 (1st Ex. Sess.), No. 39, § 3: Nov. 1, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need to continue and to expand the student loan program previously established for the purpose of making educational loans more readily available to deserving young people; that the Arkansas Student Loan Authority may need to expand its program and cannot do so under existing restrictions on the size of its outstanding obligations; that the continuation and extension of the program of the Arkansas Student Loan Authority is essential to the continued development of the Authority and the education of the deserving persons of this State or persons attending educational institutions in this State; and that the amendment of certain of the provisions of the enabling legislation will serve to further and accomplish this purpose. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect, from and after its passage and approval.”

Acts 1983 (1st Ex. Sess.), No. 51, § 3: Nov. 1, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need to continue and to expand the student loan program previously established for the purpose of making educational loans more readily available to deserving young people; that the financing of the program of the Arkansas Student Loan Authority to which this Act pertains is not feasible under existing restrictions on the sale of its obligations; that the continuation and extension of the program of the Arkansas Student Loan Authority is essential to the continued development of the Authority and the education of the deserving persons of this State or persons attending educational institutions in this State; and that the amendment of certain of the provisions of the enabling legislation will serve to further and accomplish this purpose. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1983 (1st Ex. Sess.), No. 62, § 2: Nov. 4, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need to continue and to expand the student loan program previously established for the purpose of making educational loans more readily available to deserving young people; that the Arkansas Student Loan Authority may need to expand its program and cannot do so under existing restrictions on the size of its outstanding obligations; that the continuation and extension of the program of the Arkansas Student Loan Authority is essential to the continued development of the Authority and the education of the deserving persons of this State or persons attending educational institutions in this State; and that the amendment of certain of the provisions of the enabling legislation will serve to further and accomplish this purpose. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 429, § 12 and No. 449, § 12: Mar. 20, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need to continue and to expand the student loan program previously established for the purpose of making educational loans more readily available to deserving young people; that the escalating cost of education makes it desirable to permit the Arkansas Student Loan Authority to make and/or purchase guaranteed educational loans in addition to the Guaranteed Student Loans now authorized; and that the amendment of certain of the provisions of the enabling legislation will serve to further and accomplish this purpose. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 631, § 7: Apr. 4, 1987; Acts 1987, No. 705, § 7: Apr. 7, 1987. Emergency clauses provided: “It is hereby found and determined by the General Assembly that there is an urgent need to permit the Arkansas Student Loan Authority to make and/or purchase guaranteed educational loans that have been or will be insured by guarantors other than the Secretary of Education or the Student Loan Guarantee Foundation of Arkansas, in order that the Authority may better serve the needs of student borrowers in Arkansas. It is further found that removing the existing limitation on the issuance of obligations by the Authority and permitting the Authority to issue obligations, the proceeds of which may be used to acquire investment contracts, will provide the Authority with the flexibility and financial resources that it requires to carry out the purposes for which it was created. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and in effect from and after its passage and approval.”

Acts 1989, No. 377, § 3: Mar. 7, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need to make clear the ability of the Arkansas Student Loan Authority to sell guaranteed educational loan notes where appropriate to its operations and that the amendment of § 6-81-102 of the Arkansas Code of 1987, as amended, will serve to further and accomplish this purpose. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 1284, § 12: Apr. 21, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need to make clear the power and authority of the Arkansas Student Loan Authority to participate in loan programs supplemental to those programs authorized by the federal Higher Education Act of 1965, as amended, in order to better serve the educational needs of the citizens of the state, and that the amendment of Title 6, Chapter 8 of the Arkansas Code will serve to further and accomplish this purpose. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 112, § 40: Feb. 7, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 10 of the First Extraordinary Session of 1995 abolished the Joint Interim Committee on Education and in its place established the House Interim Committee and Senate Interim Committee on Education; that various sections of the Arkansas Code refer to the Joint Interim Committee on Education and should be corrected to refer to the House and Senate Interim Committees on Education; that this act so provides; and that this act should go into effect immediately in order to make the laws compatible as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 923, § 8: July 1, 1997. Emergency clause provided: “It is found and determined by the General Assembly that there is an urgent need to change the program offering annual tuition support for Arkansas students attending out-of-state schools in dentistry, optometry, veterinary medicine, podiatry, osteopathy, and chiropractic as one providing grants instead of loans, and that in the event of an extension of the Regular session, any delay in the effective date of this act beyond July 1, 1997, could work irreparable harm upon the proper administration and provision of such program. Therefore an emergency is declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1997.”

Acts 2017, No. 824, § 19: July 1, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Student Loan Authority may be more efficiently structured; that restructuring will result in cost savings to the taxpayers of the State; and that this act is necessary because the Arkansas Development Finance Authority is well positioned to supervise the administration of a Student Loan Authority Division. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2017.”

6-81-101, 6-81-102. [Repealed.]

Publisher's Notes. These sections, concerning definitions, the Arkansas Student Loan Authority, and its respective powers and duties, were repealed by Acts 2017, No. 824, § 2. The sections was derived from the following sources:

6-81-101. Acts 1977, No. 873, § 2; 1981, No. 296, § 1; 1983, No. 937, § 1; 1985, No. 429, § 1; 1985, No. 449, § 1; A.S.A. 1947, § 80-4032; Acts 1987, No. 631, § 1; 1987, No. 705, § 1; 1993, No. 1284, § 1; 1997, No. 923, § 3; 1999, No. 1218, § 5; 2011, No. 521, § 1.

6-81-102. Acts 1977, No. 873, §§ 3, 5; 1979, No. 633, §§ 1, 2; 1985, No. 429, § 2; 1985, No. 449, § 2; A.S.A. 1947, §§ 80-4033, 80-4035; Acts 1989, No. 377, § 1; 1997, No. 250, § 39; 1997, No. 923, § 4; 1999, No. 1218, § 6; 2011, No. 521, § 2.

6-81-103. [Repealed.]

Publisher's Notes. This section, concerning nonprofit corporation in lieu of authority allowed, was repealed by Acts 2011, No. 521, § 3. The section was derived from Acts 1977, No. 873, § 19; A.S.A. 1947, § 80-4049.

6-81-104. [Repealed.]

Publisher's Notes. This section, concerning rules, was repealed by Acts 2017, No. 824, § 2. The section was derived from Acts 1977, No. 873, § 21; A.S.A. 1947, § 80-4051; Acts 2011, No. 521, § 4.

6-81-105. [Repealed.]

Publisher's Notes. This section, concerning cooperation by Student Loan Guarantee Foundation of Arkansas, was repealed by Acts 2011, No. 521, § 5. The section was derived from Acts 1977, No. 873, § 4; A.S.A. 1947, § 80-4034.

6-81-106 — 6-81-116. [Repealed.]

Publisher's Notes. These sections, concerning the financing authority, bonds, and notes, were repealed by Acts 2017, No. 824, § 2. The sections were derived from the following sources:

6-81-106. Acts 1977, No. 873, § 6; 1981, No. 296, § 2; 1983 (1st Ex. Sess.), No. 39, § 1; 1983 (1st Ex. Sess.), No. 51, § 1; 1983 (1st Ex. Sess.), No. 62, § 1; A.S.A. 1947, § 80-4036; Acts 2011, No. 521, § 6.

6-81-107. Acts 1977, No. 873, § 6; 1981, No. 296, § 2; 1983 (1st Ex. Sess.), No. 39, § 1; 1983 (1st Ex. Sess.), No. 62, § 1; A.S.A. 1947, § 80-4036; Acts 1987, No. 631, § 2; 1987, No. 705, § 2; 2011, No. 521, § 7.

6-81-108. Acts 1981, No. 762, § 1; 1983, No. 937, § 9; A.S.A. 1947, § 80-4056; Acts 2011, No. 521, § 8.

6-81-109. Acts 1977, No. 873, § 6; 1983, No. 937, § 2; A.S.A. 1947, § 80-4036; Acts 2011, No. 521, § 9.

6-81-110. Acts 1977, No. 873, § 6; 1983, No. 937, § 2; A.S.A. 1947, § 80-4036; Acts 2011, No. 521, § 10.

6-81-111. Acts 1977, No. 873, § 6; 1983, No. 937, § 2; A.S.A. 1947, § 80-4036; Acts 2011, No. 521, § 11.

6-81-112. Acts 1977, No. 873, § 6; 1983, No. 937, § 2; 1983 (1st Ex. Sess.), No. 51, § 1; A.S.A. 1947, § 80-4036; Acts 2011, No. 521, § 12.

6-81-113. Acts 1977, No. 873, § 7; 1981, No. 296, § 3; A.S.A. 1947, § 80-4037; Acts 2011, No. 521, § 13.

6-81-114. Acts 1977, No. 873, § 12; 1981, No. 296, § 5; 1985, No. 429, § 6; 1985, No. 449, § 6; A.S.A. 1947, § 80-4042; Acts 2011, No. 521, § 14.

6-81-115. Acts 1977, No. 873, § 14; 1981, No. 296, § 6; 1983, No. 937, § 4; A.S.A. 1947, § 80-4044; Acts 2011, No. 521, § 15.

6-81-116. Acts 1977, No. 873, § 20; 1981, No. 296, § 7; A.S.A. 1947, § 80-4050; Acts 2011, No. 521, § 16.

6-81-117. [Repealed.]

Publisher's Notes. This section, concerning bond redemption and interest funds, was repealed by Acts 1993, No. 1284, § 2. The section was derived from Acts 1977, No. 873, § 12; 1981, No. 296, § 5; 1985, No. 429, § 6; 1985, No. 449, § 6; A.S.A. 1947, § 80-4042.

6-81-118 — 6-81-120. [Repealed.]

Publisher's Notes. These sections, concerning cash funds, refunding obligations, and obligations designated as legal and authorized investments, were repealed by Acts 2017, No. 824, § 2. The sections were derived from the following sources:

6-81-118. Acts 1977, No. 873, § 13; 1983, No. 937, § 3; 1985, No. 429, § 7; 1985, No. 449, § 7; A.S.A. 1947, § 80-4043; Acts 1987, No. 631, § 4; 1987, No. 705, § 4; 2011, No. 521, § 17.

6-81-119. Acts 1977, No. 873, § 16; 1983, No. 937, § 5; A.S.A. 1947, § 80-4046; Acts 2011, No. 521, § 18.

6-81-120. Acts 1977, No. 873, § 17; 1983, No. 937, § 6; A.S.A. 1947, § 80-4047; Acts 2011, No. 521, § 19.

6-81-121. [Repealed.]

Publisher's Notes. This section, concerning bonds, notes, etc. — sufficient security for state and local funds, was repealed by Acts 2011, No. 521, § 20. The section was derived from Acts 1977, No. 873, § 17; 1983, No. 937, § 6; A.S.A. 1947, § 80-4047.

6-81-122. [Repealed.]

Publisher's Notes. This section, concerning the investment of excess funds, was repealed by Acts 2017, No. 824, § 2. The section was derived from Acts 1977, No. 873, § 18; 1979, No. 633, § 2; 1983, No. 937, § 7; 1985, No. 429, § 9; 1985, No. 449, § 9; A.S.A. 1947, § 80-4048; Acts 1993, No. 1284, § 3; 2011, No. 521, § 21.

6-81-123. [Repealed.]

Publisher's Notes. This section, concerning repayment of outstanding obligations, was repealed by Acts 1993, No. 1284, § 4. The section was derived from Acts 1977, No. 873, § 6; 1981, No. 296, § 2; 1983 (1st Ex. Sess.), No. 39, § 1; 1983 (1st Ex. Sess.), No. 62, § 1; A.S.A. 1947, § 80-4036; Acts 1987, No. 631, § 2; 1987, No. 705, § 2.

6-81-124 — 6-81-126. [Repealed.]

Publisher's Notes. These sections, concerning student loan funds, the contractual capacity of students, and the purchase of student loan notes, were repealed by Acts 2017, No. 824, § 2. The sections were derived from the following sources:

6-81-124. Acts 1977, No. 873, § 8; 1981, No. 296, § 4; 1985, No. 429, § 3; 1985, No. 449, § 3; A.S.A. 1947, § 80-4038; Acts 1987, No. 631, § 3; 1987, No. 705, § 3; 1993, No. 1284, § 5; 2011, No. 521, § 22.

6-81-125. Acts 1977, No. 873, § 10; 1985, No. 429, § 4; 1985, No. 449, § 4; A.S.A. 1947, § 80-4040.

6-81-126. Acts 1977, No. 873, §§ 11, 15; 1985, No. 429, §§ 5, 8; 1985, No. 449, §§ 5, 8; A.S.A. 1947, §§ 80-4041, 80-4045; Acts 1993, No. 1284, § 6; 2011, No. 521, § 23.

6-81-127 — 6-81-129. [Repealed.]

Publisher's Notes. These sections, concerning students of proprietary institutions — reports, collection of defaulted loans, and contracts with entities for certain services authorized, were repealed by Acts 2011, No. 521, § 24. The sections were derived from the following sources:

6-81-127. Acts 1977, No. 951, §§ 5, 6; A.S.A. 1947, §§ 80-4053, 80-4054; Acts 1993, No. 1284, § 7; 1997, No. 112, § 23.

6-81-128. Acts 1979, No. 1072, § 1; A.S.A. 1947, § 80-4055.

6-81-129. Acts 1977, No. 873, § 15; 1985, No. 429, § 8; 1985, No. 449, § 8; A.S.A. 1947, § 80-4045; Acts 1993, No. 1284, § 8.

6-81-130. [Repealed.]

Publisher's Notes. This section, concerning an annual audit, was repealed by Acts 2017, No. 824, § 2. The section was derived from Acts 1977, No. 873, § 22; 1985, No. 429, § 10; 1985, No. 449, § 10; A.S.A. 1947, § 80-4052; Acts 1987, No. 631, § 5; 1987, No. 705, § 5.

6-81-131. [Repealed.]

Publisher's Notes. This section, concerning administration of existing programs, was repealed by Acts 2011, No. 521, § 25. The section was derived from Acts 2001, No. 1607, § 1; 2009, No. 1215, § 1.

6-81-132. [Repealed.]

Publisher's Notes. This section, concerning an interest rate exchange agreement, was repealed by Acts 2017, No. 824, § 2. The section was derived from Acts 2011, No. 521, § 26.

Subchapter 2 — Student Loan Guarantee Foundation of Arkansas

A.C.R.C. Notes. Acts 1968 (1st Ex. Sess.), No. 27, § 2, in part, abolished the Arkansas Student Loan Board which was established pursuant to Acts 1961, No. 498, and transferred all funds in the State Treasury credited to the Student Loan Fund and all assets, both cash and securities, equities, and all outstanding loans on which the principal and interest are payable to the Arkansas Student Loan Board to the Student Loan Guarantee Foundation. Section 2 further provided that all such funds transferred to the Student Loan Guarantee Foundation under the act, and the interest earned thereon, and all moneys received from repayment of loans would be administered as trust funds to be used exclusively for the purposes provided in the act.

Acts 1968 (1st Ex. Sess.), No. 27, § 3, provided, in part, that all notes or other obligations transferred to the Student Loan Guarantee Foundation pursuant to the act as evidence of loans made by the Student Loan Board would be held by the foundation and the principal and interest thereon would be paid to the foundation subject to such penalties and other provisions as provided in Acts 1961, No. 498. Section 3 further provided that these loans would be administered and collected by the foundation in accordance with the procedures, powers, and duties provided in Acts 1961, No. 498. Section 3 additionally provided that the foundation would make no new student loans under the provisions of Acts 1961, No. 498.

Acts 1987, No. 574, § 2, provided that all assets held by the Student Loan Guarantee Foundation of Arkansas by virtue of the transfer of assets of the Student Loan Board by Acts 1968 (1st Ex. Sess.), No. 26 shall be transmitted to the Treasurer of State within 60 days after the effective date of this Act to be deposited as special revenues into the 76th Session Transfer Fund.

Preambles. Acts 1968 (1st Ex. Sess.), No. 27, contained a preamble which read:

“Whereas, Public Law 89-329, enacted by the United States Congress, commonly referred to as the ‘Higher Education Act of 1965,’ established a program to implement federal, state and private programs of low-interest insured loans to students in institutions of higher education; and

“Whereas, Public Law 89-287, enacted by the United States Congress, commonly referred to as ‘The National Vocational Student Loan Insurance Act of 1965,’ established a program of providing low interest insured loans to students attending vocational-technical training schools; and

“Whereas, the Student Loan Guarantee Foundation of Arkansas, a nonprofit corporation organized under the provisions of Act 176 of 1963, was established, and designated by the Governor of the State of Arkansas, as the agency in this State to administer the student loan provisions under Public Law 89-329 and 89-287; and

“Whereas, the Student Loan Guarantee Foundation of Arkansas has been approved by the Federal Government as the appropriate agency in this State to administer such student loan guarantee programs, yet such Foundation does not presently have sufficient assets by which to establish the necessary reserves required in connection with student loans guaranteed by federal funds; and

“Whereas, the Arkansas Student Loan Board has assets which, if made available to said Foundation, would enable it to approve federal guaranteed loans to needy and deserving Arkansas students;

“Now, therefore… .”

Effective Dates. Acts 1968, (1st Ex. Sess.), No. 27, § 6: Feb. 20, 1968. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Student Loan Guarantee Foundation of Arkansas has approved a number of federal guaranteed student loans under the provisions of Public Laws 89-329 and 89-287; that said Foundation is administering said loan program under direct authorization from the Governor of Arkansas and has been approved by the Federal Government as the agency in this State to administer such student guarantee loan program; that said Foundation is without sufficient funds to continue to provide the necessary matching reserve requirements required for guaranteeing federal student loans; that unless funds are immediately provided to said Foundation to meet such reserve requirements hundreds of deserving students in this State will be deprived of educational opportunities; and that the immediate passage of this act is necessary to provide a source of funds to said Foundation to continue to administer the federal student loan guarantee program for the benefit of deserving college and vocational-technical students of this State. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

6-81-201. Administration of student loan provisions of federal laws.

  1. The Student Loan Guarantee Foundation of Arkansas, a private nonprofit corporation organized under the laws of this state for the purposes, as stated in its articles of incorporation, “to do any and all necessary things to implement the student loan fund program as provided for in Pub. L. No. 89-329 and in such other programs of like or similar nature which may be established by the federal or state governments in the future”, and which has been designated by the Governor and recognized by the federal government as the appropriate agency in this state to administer such student loan programs, is recognized and confirmed as the agency in this state to administer the student loan provisions of that United States law, or comparable laws enacted by the United States Congress, for the purpose of providing guaranteed student loans to citizens of this state attending institutions of higher learning or vocational and technical training schools.
    1. The provisions of this subchapter recognize and confirm the foundation, a private nonprofit corporation, as the agency in this state to administer the student loan provisions of federal law. The foundation has been recognized as the agency in this state to administer the student loan laws, but that fact did not result in the foundation being made an agency of this state.
    2. The foundation is not a state agency and therefore is not subject to the Arkansas Procurement Law, § 19-11-201 et seq., to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., or to other enactments of the General Assembly which are applicable to state agencies. Therefore, the foundation is not required to deposit into the State Treasury any federal funds or other funds received by it.

History. Acts 1968 (1st Ex. Sess.), No. 27, § 1; A.S.A. 1947, § 80-4013; Acts 1987, No. 574, § 1.

U.S. Code. Public Law 89-329, referred to in this section, is known as the Higher Education Act of 1965 and is codified primarily as 20 U.S.C. § 1001 et seq.

Case Notes

Cited: In re Smith, 217 B.R. 567 (Bankr. E.D. Ark. 1998).

6-81-202. Administration of funds.

    1. All moneys received by the Student Loan Guarantee Foundation of Arkansas under the provisions of this subchapter shall be deposited by the foundation into bank accounts in one (1) or more banks of this state, or the moneys may be placed on deposit into savings and loan associations in this state, the deposits of which are insured by the Federal Deposit Insurance Corporation.
    2. However, the amount of the deposits in any bank or savings and loan association in this state shall not exceed the amount insured by the Federal Deposit Insurance Corporation unless the amount of all deposits in excess of the amount insured by the Federal Deposit Insurance Corporation is secured to the full amount thereof at any time remaining on hand by the deposit, under a special depository agreement with another Arkansas bank of the foundation's selection, and approved by the Chief Fiscal Officer of the State, of direct obligations of the United States or the State of Arkansas having at all times a market value of not less than the amount of the balance.
  1. The foundation shall deposit into savings accounts or certificates of deposit in such banks or savings and loan associations the maximum amount of such funds which are not otherwise required to be maintained in checking accounts to meet the obligations of the foundation under the provisions of this subchapter or applicable federal laws and regulations.

History. Acts 1968 (1st Ex. Sess.), No. 27, § 2; A.S.A. 1947, § 80-4014.

6-81-203. Disbursing officer.

  1. The Student Loan Guarantee Foundation of Arkansas shall designate a disbursing officer who shall administer the trust funds made available to the foundation under the provisions of this subchapter.
    1. The disbursing officer shall file a surety bond of a corporate surety authorized to do business in this state with the Secretary of State and an executed counterpart thereof with the Auditor of State in such amount and form as may be provided by the Auditor of State and the Chief Fiscal Officer of the State conditioned upon the faithful administration and accounting of all funds received by the foundation in accordance with the provisions of this subchapter.
    2. The bond shall be renewed annually and proof of the renewal furnished to the Secretary of State and Auditor of State.

History. Acts 1968 (1st Ex. Sess.), No. 27, § 3; A.S.A. 1947, § 80-4015.

6-81-204. Use of funds, securities, etc.

All of the funds, securities, equities, and assets received by the Student Loan Guarantee Foundation of Arkansas under the provisions of this subchapter shall be used exclusively for the purposes of providing the state's matching reserves requirements or other obligations under Pub. L. No. 89-329, as the funds, securities, equities, and assets relate to insured loans made to students attending institutions of higher learning, and in meeting other obligations required by that federal law. None of the funds, securities, equities, or assets shall be used for maintenance, operation, or support of the foundation.

History. Acts 1968 (1st Ex. Sess.), No. 27, § 3; A.S.A. 1947, § 80-4015.

U.S. Code. Public Law 89-329, referred to in this section, is known as the Higher Education Act of 1965 and is codified primarily as 20 U.S.C. § 1001 et seq.

6-81-205. Sale of securities.

  1. Whenever moneys made available to the Student Loan Guarantee Foundation of Arkansas under the provisions of this subchapter are insufficient to meet cash obligations of the foundation pursuant to applicable federal laws, the foundation is authorized to sell for cash any securities transferred to the foundation under the provisions of this subchapter, except the notes or other obligations received by the foundation as evidence of loans made by the Arkansas Student Loan Board.
  2. Before selling any such securities, the foundation shall notify the Chief Fiscal Officer of the State of its intent to sell the securities.
  3. The Chief Fiscal Officer of the State shall establish the procedures which the foundation shall follow with respect to the sale of any securities.
  4. The Chief Fiscal Officer of the State, before any sale is final, shall give his or her written approval thereof.

History. Acts 1968 (1st Ex. Sess.), No. 27, § 3; A.S.A. 1947, § 80-4015.

6-81-206. Annual audit.

The Student Loan Guarantee Foundation of Arkansas is not subject to audit by the Legislative Joint Auditing Committee but, at least annually, shall contract for an audit by a certified public accountant and transmit a copy of the audit to the Legislative Joint Auditing Committee.

History. Acts 1987, No. 574, § 1.

A.C.R.C. Notes. Former § 6-81-206, which concerned annual audits, is deemed to be superseded by this section. The former section derived from Acts 1968 (1st Ex. Sess.), No. 27, § 3; A.S.A. 1947, § 80-4015.

Subchapter 3 — Nursing Student Loans

6-81-301 — 6-81-312. [Repealed.]

Publisher's Notes. This subchapter, concerning nursing student loans, was repealed by Acts 2001, No. 1692, § 4. The subchapter was derived from the following sources:

6-81-301. Acts 1977, No. 411, § 1; A.S.A. 1947, § 80-4801.

6-81-302. Acts 1977, No. 411, § 9; A.S.A. 1947, § 80-4809.

6-81-303. Acts 1977, No. 411, § 9; A.S.A. 1947, § 80-4809.

6-81-304. Acts 1977, No. 411, §§ 2, 3; A.S.A. 1947, §§ 80-4802, 80-4803.

6-81-305. Acts 1977, No. 411, § 5; A.S.A. 1947, § 80-4805.

6-81-306. Acts 1977, No. 411, §§ 3, 4; A.S.A. 1947, §§ 80-4803, 80-4804.

6-81-307. Acts 1977, No. 411, § 4; A.S.A. 1947, § 80-4804.

6-81-308. Acts 1977, No. 411, § 4; A.S.A. 1947, § 80-4804.

6-81-309. Acts 1977, No. 411, § 5; A.S.A. 1947, § 80-4805.

6-81-310. Acts 1977, No. 411, § 6; A.S.A. 1947, § 80-4806.

6-81-311. Acts 1977, No. 411, § 7; A.S.A. 1947, § 80-4807.

6-81-312. Acts 1977, No. 411, § 8; A.S.A. 1947, § 80-4808.

Subchapter 4 — University of Arkansas Revolving Loan Fund

Effective Dates. Acts 1925, No. 115, § 8: effective on passage.

Acts 1993, No. 455, § 5: Mar. 11, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that the current statute, “The Committee to Accept or Reject Applications,” A.C.A. 6-81-403, is inadequate. Therefore in order to keep the Board of Trustees at the University of Arkansas at Fayetteville, functioning properly, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Research References

Ark. L. Rev.

Minors Liable as Adults on Certain Contracts, 21 Ark. L. Rev. 565.

6-81-401. Creation and purpose.

A revolving loan fund of three hundred thousand dollars ($300,000) is provided for making loans to the students of the University of Arkansas in order to assist worthy young men and women who are residents of Arkansas to pursue their studies at the university.

History. Acts 1925, No. 115, § 1; Pope's Dig., § 13174; A.S.A. 1947, § 80-2830; Acts 1991, No. 902, § 1.

6-81-402. Eligibility.

Any person who is a student in the University of Arkansas and who is a bona fide resident of this state shall be eligible to participate under the provisions of this subchapter.

History. Acts 1925, No. 115, § 2; Pope's Dig., § 13175; A.S.A. 1947, § 80-2831.

6-81-403. Board of Trustees to accept or reject applications.

The Board of Trustees of the University of Arkansas shall annually review and approve a procedure to accept or reject applications for loans from the revolving loan fund.

History. Acts 1925, No. 115, § 4; Pope's Dig., § 13177; A.S.A. 1947, § 80-2833; Acts 1993, No. 455, § 1.

6-81-404. Promissory note — Interest.

The person securing a loan shall give his or her promissory note with interest to be established by the Board of Trustees of the University of Arkansas which shall be not less than four percent (4%) nor more than eight percent (8%) per annum.

History. Acts 1925, No. 115, § 3; Pope's Dig., § 13176; Acts 1955, No. 226, § 1; A.S.A. 1947, § 80-2832; Acts 1991, No. 902, § 2.

6-81-405. Maximum loan amount.

Not more than the full cost of tuition shall be loaned to any one (1) person in any one (1) academic year under the provisions of this subchapter.

History. Acts 1925, No. 115, § 3; Pope's Dig., § 13176; Acts 1955, No. 226, § 1; A.S.A. 1947, § 80-2832; Acts 1991, No. 902, § 3.

6-81-406. Rules as to repayment.

The Board of Trustees of the University of Arkansas shall establish rules regarding the manner and time of the repayment of the note.

History. Acts 1925, No. 115, § 4; Pope's Dig., § 13177; A.S.A. 1947, § 80-2833; Acts 2019, No. 315, § 394.

Amendments. The 2019 amendment substituted “rules” for “regulations” in the section heading and in the section text.

6-81-407. Defenses invalid.

The statute of limitations shall not run against notes made pursuant to this subchapter, nor shall the fact that the maker of the note may be a minor when the note is executed impair its validity.

History. Acts 1925, No. 115, § 3; Pope's Dig., § 13176; Acts 1955, No. 226, § 1; A.S.A. 1947, § 80-2832.

6-81-408. Interest added to revolving perpetual fund.

The interest on the notes when paid in shall be added to the revolving loan fund and the whole sum shall be used as a revolving perpetual fund to carry out the purposes of this subchapter.

History. Acts 1925, No. 115, § 5; Pope's Dig., § 13178; A.S.A. 1947, § 80-2834.

6-81-409. Disbursement of funds.

The disbursing agent of the University of Arkansas is authorized to draw the sums referred to in this subchapter in cash from the State Treasury as they may be needed, but not exceeding forty thousand dollars ($40,000) at any one (1) time.

History. Acts 1925, No. 115, § 7; Pope's Dig., § 13179; A.S.A. 1947, § 80-2835; Acts 1991, No. 902, § 4.

Subchapter 5 — Emergency Secondary Education Loan Program

6-81-501 — 6-81-511. [Repealed.]

Publisher's Notes. These sections, concerning legislative purpose, establishment, program termination, administration, advisory committee, eligibility, selection of loan recipients, maximum amount, duration and cancellation of loans and expansion of program, were repealed by Acts 2003, No. 1804, § 1. They were derived from the following sources:

6-81-501. Acts 1983, No. 390, § 1; A.S.A. 1947, § 80-4057.

6-81-502. Acts 1983, No. 390, § 2; A.S.A. 1947, § 80-4058.

6-81-503. Acts 1983, No. 390, § 5; A.S.A. 1947, § 80-4061.

6-81-504. Acts 1983, No. 390, § 4; A.S.A. 1947, § 80-4060.

6-81-505. Acts 1983, No. 390, § 4; A.S.A. 1947, § 80-4060.

6-81-506. Acts 1983, No. 390, § 3; A.S.A. 1947, § 80-4059.

6-81-507. Acts 1983, No. 390, § 4; A.S.A. 1947, § 80-4060.

6-81-508. Acts 1983, No. 390, § 4; A.S.A. 1947, § 80-4060.

6-81-509. Acts 1983, No. 390, § 4; A.S.A. 1947, § 80-4060.

6-81-510. Acts 1983, No. 390, § 4; A.S.A. 1947, § 80-4060.

6-81-511. Acts 1983, No. 390, § 3; 1985, No. 509, § 1; 1985, No. 1018, § 1; A.S.A. 1947, § 80-4059.

Subchapter 6 — Teacher Opportunity Program

A.C.R.C. Notes. Acts 1987, No. 331, § 6, provided that all loan awards made under the Teacher and Administrator Enhancement and Retraining Loan Program as provided in Acts 1983, No. 109 (1st Ex. Sess.), as amended, are recognized as grants and all outstanding loan obligations under that legislation are terminated.

Publisher's Notes. Former subchapter 6, concerning the Teacher and Administrator Enhancement and Retraining Loan Program, was repealed by Acts 1987, No. 331, § 7. The former subchapter was derived from the following sources:

6-81-601. Acts 1983 (Ex. Sess.), No. 109, § 1; A.S.A. 1947, § 80-1268.

6-81-602. Acts 1983 (Ex. Sess.), No. 109, § 2; A.S.A. 1947, § 80-1268.1.

6-81-603. Acts 1983 (Ex. Sess.), No. 109, § 4; A.S.A. 1947, § 80-1268.3.

6-81-604. Acts 1983 (Ex. Sess.), No. 109, § 3; A.S.A. 1947, § 80-1268.2.

6-81-605. Acts 1983 (Ex. Sess.), No. 109, § 4; A.S.A. 1947, § 80-1268.3.

6-81-606. Acts 1983 (Ex. Sess.), No. 109, § 4; 1985, No. 166, § 1; 1985, No. 230, § 1; A.S.A. 1947, § 80-1268.3.

Cross References. Personnel, § 6-17-101 et seq.

Effective Dates. Acts 1987, No. 331, § 8: Mar. 19, 1987. Emergency clause provided: “It is hereby found and determined that this program is necessary to improve the quality of instruction in the public schools in Arkansas. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-81-601. Purpose.

There is an existing need in the state to enhance the academic expertise of employed teachers in Arkansas by providing opportunities for them to pursue additional college instruction related to their employment.

History. Acts 1987, No. 331, § 1; 2005, No. 2196, § 1.

6-81-602. Establishment.

There is established a program to be known as the “Teacher Opportunity Program”.

History. Acts 1987, No. 331, § 2; 2005, No. 2196, § 2.

6-81-603. Administration.

  1. The Teacher Opportunity Program shall be administered by the Division of Higher Education, which shall have the authority to establish necessary rules, procedures, and selection criteria for the administration of the program and to designate necessary forms and schedules.
  2. The division may utilize an appropriate advisory committee to assist it in its responsibilities in this program.

History. Acts 1987, No. 331, § 5; 2005, No. 2196, § 3; 2019, No. 315, § 395; 2019, No. 910, § 2023.

Amendments. The 2019 amendment by No. 315 deleted “regulations” following “rules” in (a).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (a); and substituted “division” for “department” in (b).

6-81-604. Conditions.

The Division of Higher Education may make initial and continuing grants to students under the following conditions:

  1. Grant recipients shall be bona fide residents of the State of Arkansas, as defined by the Division of Higher Education;
  2. Grant recipients shall maintain current certification with the Division of Elementary and Secondary Education, allowing them to be employed by the public schools in Arkansas;
  3. Grant recipients shall be currently employed as teachers or administrators in Arkansas and declare an intention to continue that employment in Arkansas;
  4. Grant recipients shall be enrolled in an eligible accredited college or university in Arkansas;
  5. Grant recipients shall be enrolled in college-level courses directly related to their employment as certified by the Commissioner of Elementary and Secondary Education; and
  6. Grant recipients shall maintain a grade point average in their college work of no less than 2.5 on a 4.0 scale or maintain an appropriate equivalent as determined by the Division of Higher Education.

History. Acts 1987, No. 331, § 3; 2005, No. 2196, § 4; 2019, No. 910, § 2024.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in the introductory language and in (1) and (6); substituted “Division of Elementary and Secondary Education” for “Department of Education” in (2); and substituted “Commissioner of Elementary and Secondary Education” for “Commissioner of Education” in (5).

6-81-605. Grants — Priority.

    1. The first priority for the award of funds under the Teacher Opportunity Program is the award of reimbursements for additional education in:
      1. Science, technology, engineering, or mathematics fields;
      2. Computer science;
      3. Literacy or reading;
      4. Prekindergarten education; or
      5. Special education.
    2. If funds are available after all awards are made under subdivision (a)(1) of this section, then additional reimbursements may be made in accordance with the following:
      1. A student may receive reimbursements up to but not in excess of the cost of his or her student fees, books, and instructional supplies at the public institution of higher education in this state assessing the highest rate of student fees;
      2. The reimbursements made to one (1) student within one (1) fiscal year may not exceed the costs associated with six (6) semester credit hours or the equivalent of six (6) semester credit hours; and
      3. All other requirements established by the Division of Higher Education are met.
    1. The Division of Higher Education shall determine priorities for awarding reimbursements if there are more applicants than funds available.
    2. Priorities shall be determined in coordination with the Division of Elementary and Secondary Education and shall be based on the needs of the state.

History. Acts 1987, No. 331, § 3; 2005, No. 2196, § 5; 2009, No. 1214, § 1; 2017, No. 160, § 1; 2019, No. 910, §§ 2025, 2026.

Amendments. The 2009 amendment substituted “reimbursements” for “scholarships” in (a)(1), for “grants” in (a)(2), (a)(2)(A), and (b)(1), and for “grant or grants” in (a)(2)(B); substituted “§ 6-81-609” for “§ 6-81-610” in (a)(1); substituted “Licensure” for “Certification” in (a)(1) and (a)(2); inserted (a)(2)(C); and made related and minor stylistic changes.

The 2017 amendment substituted “for additional education in” for “under the Dual Licensure Incentive Program, §§ 6-81-608 and 6-81-609” in (a)(1); added (a)(1)(A) through (a)(1)(E); substituted “subdivision (a)(1) of this section” for “the Dual Licensure Incentive Program” in (a)(2); in (a)(2)(A), substituted “A student” for “Students” and inserted “his or her”; and substituted “student” for “individual” in (a)(2)(B).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a)(2)(C) and (b)(1); and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(2).

6-81-606. Discrimination prohibited.

This subchapter shall in no way discriminate on the basis of race, color, national origin, religion, sex, or area of teacher education.

History. Acts 1987, No. 331, § 4.

6-81-607. Definitions.

As used in this subchapter:

  1. “Classroom teacher” means an individual who is required to hold a teaching license from the Division of Elementary and Secondary Education and who is:
    1. Engaged directly in instruction with students in a classroom setting for more than seventy percent (70%) of the individual's contracted time;
    2. A media specialist or librarian;
    3. A guidance counselor; or
    4. An administrator;
  2. “Dual licensure” means licensure to teach in more than one (1) subject area; and
  3. “Student” means a classroom teacher who is attending an institution of higher education for additional education in:
    1. Science, technology, engineering, or mathematics fields;
    2. Computer science;
    3. Literacy or reading;
    4. Prekindergarten education; or
    5. Special education.

History. Acts 2005, No. 2196, § 6; 2009, No. 1214, § 2; 2017, No. 160, § 2; 2019, No. 910, § 2027.

Amendments. The 2009 amendment inserted (1)(D); substituted “licensure” for “certification” twice in (2); rewrote (3), which formerly defined “dual certification incentive bonus”; and made related and minor stylistic changes.

The 2017 amendment substituted “for additional education in” for “as part of the Dual Licensure Incentive Program, §§ 6-81-608 and 6-81-609” in (3); and added (3)(A) through (3)(E).

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (1).

6-81-608. Dual Licensure Incentive Program.

  1. There is created the Dual Licensure Incentive Program to encourage classroom teachers currently employed by school districts in the state to return to college to obtain licensure in one (1) or more additional subject areas.
  2. The program shall be administered by the Division of Higher Education.
    1. A classroom teacher returning to college as a student may receive a reimbursement not to exceed the cost of student fees, books, and instructional supplies.
    2. The student fee reimbursement amount shall be based on the student fees of the state-supported institution of higher education that assesses the highest rate of student fees in this state.
  3. The reimbursement made to a classroom teacher returning to college as a student in one (1) fiscal year may not exceed the cost associated with six (6) semester credit hours or the equivalent of six (6) semester credit hours.

History. Acts 2005, No. 2196, § 6; 2009, No. 1214, § 3; 2019, No. 910, § 2028.

Amendments. The 2009 amendment substituted “licensure” for “certification” or variant twice in (a); and added (c) and (d) and changed the section heading accordingly.

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (b).

6-81-609. Dual licensure funding.

      1. A classroom teacher employed by a school district in the state may receive a reimbursement from the Dual Licensure Incentive Program if the classroom teacher returns to an approved institution of higher education to obtain licensure in an additional subject area:
        1. Declared to be a shortage area by the Division of Elementary and Secondary Education;
        2. That the classroom teacher is currently teaching but for which he or she does not have a licensure; or
        3. And grade level in which the school district has requested a waiver under § 6-17-309.
        1. A reimbursement from the Dual Licensure Incentive Program shall include funding for the cost of tuition, books, and fees not to exceed three thousand dollars ($3,000) each college year.
        2. The amount of the reimbursement and the number of reimbursement recipients selected by the Division of Higher Education is contingent on the appropriation and availability of funding for such a purpose.
    1. To be eligible for a reimbursement under the program, the person shall be:
      1. Employed as a classroom teacher for no less than three (3) years of teaching immediately preceding the application; and
      2. Accepted for enrollment in a classroom teacher education program that will lead to a licensure to teach in a subject area that:
        1. Is different from the classroom teacher's current area of licensure; and
        2. Either:
          1. Has been identified as a subject area with a shortage of classroom teachers as declared by the Division of Elementary and Secondary Education; or
          2. Is in the grade level and subject matter area for which the school district has requested a waiver under § 6-17-309.
    1. The Arkansas Higher Education Coordinating Board shall promulgate rules as necessary to implement the program.
    2. The number of classroom teacher participants each year shall be determined by the amount of funding available for the program and the limitations set under this section.

History. Acts 2005, No. 2196, § 6; 2009, No. 1214, § 4; 2019, No. 910, §§ 2029-2031.

Amendments. The 2009 amendment rewrote the section and substituted “licensure” for “certification” in the section heading.

The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1)(A)(i) and (a)(2)(B)(ii) (a) ; and substituted “Division of Higher Education” for “Department of Higher Education” in (a)(1)(B)(ii).

6-81-610. [Repealed.]

Publisher's Notes. This section, concerning dual certification bonus, was repealed by Acts 2009, No. 1214, § 5. The section was derived from Acts 2005, No. 2196, § 6.

Subchapter 7 — Rural Medical Practice Student Loans and Scholarships

A.C.R.C. Notes. References to “this subchapter” in §§ 6-81-7016-81-718 may not apply to §§ 6-81-7196-81-722 which were enacted subsequently.

Acts 2003, No. 828, § 1 provided:

“Findings.

“(1)(A) The University of Arkansas College of Medicine includes nonfaculty members on the fifteen (15) member admissions committee.

“(B) The Liaison Committee for Medical Education, the accrediting body for allopathic medical schools in the United States, mandates that the admissions committee that selects applicants for admission shall be faculty members.

“(C) However, state law mandates that the fifteen (15) member College of Medicine Admissions Committee consist of both faculty and nonfaculty members, two (2) from each of the four (4) congressional districts, and one (1) member at large.

“(D) The intent of the General Assembly mandate is to provide greater committee representation from the entire state, in particular the underserved areas of Arkansas.

“(E) Each time the University of Arkansas College of Medicine is reviewed for accreditation by the Liaison Committee for Medical Education, the college is required to explain the reasons for the inclusion of nonfaculty members on the admissions committee.

“(F) The College of Medicine Admissions Committee is the only medical school admissions committee in the United States that includes nonfaculty members.

“(2)(A) Arkansas law mandates that seventy percent (70%) of the one hundred fifty (150) positions in the Freshman class each year be equally distributed among the four (4) congressional districts.

“(B) The seventy percent (70%) requirement increases the geographical distribution and number of applicants from underserved areas of the state who are accepted for admission.

“(C) The University of Arkansas College of Medicine is the only medical school in the United States that incorporates the seventy percent (70%) rule in the admissions process.

“(3)(A) Many state medical schools have programs similar to the Arkansas program whose purpose is to increase the number of physicians practicing in rural communities in the state.

“(B) Arkansas has had a program since 1949, the Arkansas Rural Medical Practice Student Loan and Scholarship Program, that provides financial incentives to medical students who contract to practice medicine in rural communities in the state.

“(C) Medical students are given substantial amounts of loans during medical school with the contractual agreement that the loans will be converted to grants or forgiven, if they complete residency training and practice medicine in an underserved rural community in the state.

“(D) However, Act 114 of 1995 created a new program, the Community Math Student Loan and Scholarship Program, which significantly modified the existing Arkansas Rural Medical Practice Student Loan and Scholarship Program.

“(E) Act 1257 of 1995 strengthened the penalties for students who default on their contractual obligation to practice medicine in the state.

“(F) However, the unique feature of Act 1114 of 1995, a specific provision that no other medical school in the United States has, is that if an alternate on the waiting list contracts with a rural community to practice primary care in that rural community, and the application is approved by the Arkansas Rural Medical Practice Student Loan and Scholarship Board that administers the program, the alternate is advanced to the top of the waiting list and this greatly enhances the applicant's chances of being admitted to medical school.

“(G) This unique feature also applies to alternates who wish to apply for the Arkansas Rural Practice Program.

“(H) Alternates who contract to practice medicine in a rural underserved community in the state, if approved by the board, are advanced on the waiting list, just below the Community Match Alternates who are approved and advanced.

“(I) Since the program's inception in 1995, the University of Arkansas College of Medicine has had approximately one hundred twenty-five (125) physicians-in-training contract to return to underserved areas of the state to practice full time primary care medicine.

“(J) Applicants from underserved areas are typically given greater considerations for participation and approval for the rural loan and scholarship programs.”

Publisher's Notes. Acts 1971, No. 133, § 10; Acts 1971, No. 533, § 10; and Acts 1972 (Ex. Sess.), No. 62, § 2, provided that no provisions of those acts would impair any loan obligation then outstanding and not repaid or otherwise satisfied which had been entered into pursuant to the provisions of Acts 1949, No. 131, as amended, but the obligation was to remain due and payable and subject to satisfaction all in accordance with the terms of the prior legislation.

Preambles. Acts 1949, No. 131 contained a preamble which read:

“Whereas, the number of doctors within the State of Arkansas are not adequate enough to meet the constant demand of the people of this state and;

“Whereas, there are many rural communities within the State of Arkansas without medical care, it is the purpose of this Act to increase the number of doctors by financing those medical students who need such aid in order to complete their education… .”

Effective Dates. Acts 1971, Nos. 133, 533, § 13: Feb. 22, 1971 and Apr. 5, 1971, respectively. Emergency clauses provided: “It has been found and determined by the General Assembly that there is a pressing and immediate need for additional physicians in the rural areas of Arkansas; that this Act has as its purpose the furnishing of financial assistance to medical students attending medical school in Arkansas who have the intent and desire to engage in rural community practice in Arkansas and will so obligate themselves; and that it is necessary in order to protect the lives, the health and the general welfare of citizens of Arkansas that additional physicians reside and practice in such areas. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1972 (Ex. Sess.), No. 62, § 5: Mar. 6, 1972. Emergency clause provided: “It has been found and determined by the Sixty-Eighth General Assembly meeting in Extraordinary Session that there is a pressing and immediate need for additional physicians in the rural areas of Arkansas; that this Act has as its purpose the furnishing of financial assistance to medical students attending medical school in Arkansas who have the intent and desire to engage in rural community practice in Arkansas and will so obligate themselves; and that it is necessary in order to protect the lives, the health and the general welfare of citizens of Arkansas that additional physicians reside and practice in such areas. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 47, § 5: Feb. 11, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly that the definition of rural community under the Rural Medical Practice Student Loan Scholarship Program is limited to communities with no more than six thousand (6,000) persons; that due to the increase in population in recent years this definition is too restrictive, and that this Act is immediately necessary to expand such definition and thereby provide increased medical services for rural Arkansas. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 797, § 3: Apr. 3, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that the definition of rural community as used in the Rural Medical Student Loan and Scholarship Act has been misconstrued; that it is the intention of this Act to redefine the term “rural community” for the purposes of that Act and to make it applicable to persons who have in the past or now practice medicine in such rural communities; that some doctors have been denied the cancellation of their loans due to the misinterpretation of the law; and that this Act is immediately necessary to provide an equitable remedy to such persons. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 359, § 7: Mar. 5, 1991. Emergency clause provided: “It is found and determined by the General Assembly that the Arkansas Rural Medical Practice Student Loan and Scholarship Program should be revised for the purpose of strengthening the program; that the definition of rural community as used in the Rural Medical Student Loan and Scholarship Act should be expanded to include a community which meets the definition at the time the loan recipient is required to enter into the practice of medicine in the community; that revision of the definition is necessary to provide encouragement for physicians to practice in rural communities; and that the change in the definition should be applied retroactively to loan contracts entered into prior to the effective date of the act in order to encourage more loan recipients to practice full time in such rural communities. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 1114, § 10: Apr. 10, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly that there is a pressing and immediate need for additional physicians in rural areas of Arkansas; that this act has as its purposes the furnishing of financial assistance to medical students attending the University of Arkansas College of Medicine who have the interest and desire to engage in rural community practice in Arkansas and will so obligate themselves. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer [sic], it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2007, No. 1058, § 10: Apr. 4, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that amendments and clarifications are needed in order for all rural communities to have more equal access to physician providers, for the Rural Medical Practice Student Loan and Scholarship Board to have more flexibility in working with loan recipients to remedy contractual obligations, and for attempts at resolution to occur; and that it is imperative that changes be made in state law to remedy these problems. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

6-81-701. Definitions.

As used in this subchapter:

  1. “Medically underserved” means an area in Arkansas that the Arkansas Rural Medical Practice Student Loan and Scholarship Board determines has unmet needs for medical services due to factors, including without limitation:
    1. The ratio of primary care physicians to population;
    2. The infant mortality rate;
    3. The percentage of:
      1. Population with incomes below the federal poverty level, as it existed on January 1, 2017;
      2. Resident individuals sixty (60) years of age and older; and
      3. Physicians sixty (60) years of age and older;
    4. Accessibility within the area to primary care medicine; and
    5. Other relevant criteria the board may deem necessary for a determination of unmet needs for medical services;
  2. “Primary care medicine” means health care provided in one (1) of the following areas of practice:
    1. Family medicine;
    2. General internal medicine;
    3. General internal medicine and pediatrics;
    4. General pediatrics;
    5. General obstetrics and gynecology;
    6. General surgery;
    7. Emergency medicine; and
    8. Geriatrics; and
  3. “Qualified rural community” means an area:
    1. With a population below twenty thousand (20,000) according to the most recent federal census;
    2. That is at least twenty (20) miles from a city or town with a population of more than twenty thousand (20,000) according to the most recent federal census; and
    3. That is reasonably determined by the board to be medically underserved.

History. Acts 1949, No. 131, § 9; 1955, No. 69, § 2; 1963, No. 181, § 1; 1971, No. 133, § 7; 1971, No. 533, § 7; 1972 (1st Ex. Sess.), No. 62, § 1; 1981, No. 47, § 2; 1983, No. 649, § 1; 1985, No. 797, § 1; A.S.A. 1947, § 80-2916; Acts 1987, No. 151, § 3; 1991, No. 359, § 2; 1995, No. 1114, § 1; 1995, No. 1257, § 1; 2003, No. 676, § 1; 2007, No. 1058, § 1; 2009, No. 708, § 1; 2017, No. 132, § 1.

A.C.R.C. Notes. Acts 1991, No. 359, § 3, provided that the amendments to this section by that act were to be applied retroactively to loan contracts entered into prior to March 5, 1991.

Acts 1995, No. 1257, § 4 provided “The provisions of this act shall not apply to any person entering a Rural Medical Practice Student Loan prior to the 1995-96 school year or to any subsequent Rural Medical Practice Student Loan contracts entered into by those persons.”

Publisher's Notes. Acts 1995, No. 1114 took effect April 10, 1995.

Acts 1995, No. 1257 took effect July 28, 1995.

Amendments. The 2009 amendment, in (2), inserted “or income incentive” and deleted “provided the loan recipient has identified a community or communities that have agreed to accept that loan recipient in the designated specialty” following “community”; inserted (4)(H); and made related changes.

The 2017 amendment deleted former (1) and (2) and redesignated the remaining subsections accordingly; in the first sentence of (1), substituted “an area in Arkansas that the Arkansas Rural Medical Practice Student Loan and Scholarship Board determines has” for “an area that the board determines to have”; in (1)(C)(i), substituted “January 1, 2017” for “January 1, 2007”; and rewrote (3).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, Loan Programs for Students, 26 U. Ark. Little Rock L. Rev. 379.

Case Notes

Applicability.

This section was not meant to operate retrospectively. Arkansas Rural Medical Practice Student Loan & Scholarship Bd. v. Luter, 292 Ark. 259, 729 S.W.2d 402 (1987).

6-81-702. Arkansas Rural Medical Practice Student Loan and Scholarship Board.

    1. There is established the Arkansas Rural Medical Practice Student Loan and Scholarship Board composed of:
      1. The Dean of the College of Medicine of the University of Arkansas for Medical Sciences as chair;
      2. One (1) representative of the Arkansas Medical Society as vice chair;
      3. The Chancellor of the University of Arkansas for Medical Sciences;
      4. One (1) representative of the College of Medicine of the University of Arkansas for Medical Sciences, named by the dean of that school;
      5. Two (2) physician members appointed by the Arkansas Medical Society, giving preference to physicians who have received rural medical practice loans, community match loans, or income incentives; and
      6. Two (2) representatives appointed by the Arkansas Hospital Association.
    2. Vacancies shall be filled in a similar manner.
  1. The board shall:
    1. Promulgate reasonable rules necessary to execute the provisions of this subchapter, including rules addressing the requirements and in conformance with the requirements of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and other appropriate state laws in promulgating and placing rules into effect:
      1. For a health professions shortage area;
      2. To become a qualified rural community eligible to participate in the Rural Medical Practice Student Loan and Scholarship Program or the Community Match Rural Physician Recruitment Program; and
      3. For a procedure to resolve disputes arising out of or relating to a rural practice or community match loan or income incentive contract;
    2. Prescribe forms for and regulate the submission of loan applications;
    3. Determine eligibility of applicants;
    4. Allow or disallow loan or income incentive applications;
    5. Contract, increase, decrease, terminate, and otherwise regulate all loan and income incentive disbursements for these purposes, receipts for their repayment, and convert loans to scholarships or grants, as applicable;
    6. Manage, operate, and control all funds and property appropriated or otherwise contributed for this purpose;
    7. Accept gifts, grants, bequests, or devises and apply them as a part of this program;
    8. Sue and be sued as the board; and
    9. Accept moneys from federal programs that may be used for furtherance of the purposes of this subchapter.
  2. The members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.
  3. The Arkansas Rural Medical Practice Student Loan and Scholarship Board shall administer the Rural Medical Practice Student Loan and Scholarship Program and the Community Match Rural Physician Recruitment Program.

History. Acts 1949, No. 131, §§ 1-3; 1971, No. 133, §§ 1-3; 1971, No. 533, §§ 1-3; A.S.A. 1947, §§ 80-2908 — 80-2910; Acts 1987, No. 151, § 1; 1995, No. 1114, § 2; 1997, No. 250, § 40; 2007, No. 1058, § 1; 2009, No. 708, § 1.

Publisher's Notes. As to the effect of the 1971 and 1972 amendments upon outstanding loan obligations, see Publisher's Notes to this subchapter.

Amendments. The 2009 amendment inserted “or income incentives” in (a)(1)(E); in (b), deleted “and regulations” following “rules” twice and substituted “rules” for “regulations” once in (b)(1), inserted “or income incentive” or similar language in (b)(1)(C), (b)(4), and (b)(5), and made related and minor stylistic changes; and deleted “Loan and” following “Community Match” in (d).

6-81-703. Loan applications — Medical students and medical school graduates.

  1. Any student accepted for admission to or enrolled in good standing in the College of Medicine of the University of Arkansas for Medical Sciences in studies leading to the degree of Doctor of Medicine who is a bona fide resident of Arkansas may apply for a loan under this subchapter on forms prescribed by the Arkansas Rural Medical Practice Student Loan and Scholarship Board.
  2. A graduate of the College of Medicine of the University of Arkansas for Medical Sciences or any accredited medical school in the United States may apply for the community match income incentive program under this subchapter on forms prescribed by the board so long as the applicant satisfies the criteria set forth in § 6-81-715.

History. Acts 1949, No. 131, § 4; 1971, No. 133, § 4; 1971, No. 533, § 4; A.S.A. 1947, § 80-2911; Acts 2007, No. 1058, § 1; 2009, No. 708, § 2.

Publisher's Notes. As to the effect of the 1971 and 1972 amendments upon outstanding loan obligations, see Publisher's Notes to this subchapter.

Amendments. The 2009 amendment, in (b), deleted “who is a bona fide resident of Arkansas” following “United States” and substituted “the community match income incentive program” for “a community match loan.”

6-81-704. Medical students — Investigation after application.

When a rural medical practice loan application is filed with the Arkansas Rural Medical Practice Student Loan and Scholarship Board, the board shall examine the application, investigate the ability, character, and qualifications of the applicant, and investigate the financial standing of the applicant or his or her parents to determine whether the applicant is in need of a loan to advance his or her medical education.

History. Acts 1949, No. 131, § 5; A.S.A. 1947, § 80-2912; Acts 2007, No. 1058, § 2.

6-81-705. Medical students — Purpose of loan.

Rural medical practice loans provided for in this subchapter shall be made for the sole purpose of paying the applicant's tuition, maintenance, and educational expenses and the necessary living expenses of his or her dependents while the applicant is enrolled in a program of medical education as described in this subchapter.

History. Acts 1949, No. 131, § 7; 1971, No. 133, § 6; 1971, No. 533, § 6; 1981, No. 47, § 1; A.S.A. 1947, § 80-2914; Acts 2007, No. 1058, § 2.

Publisher's Notes. As to the effect of the 1971 and 1972 amendments upon outstanding loan obligations, see Publisher's Notes to this subchapter.

6-81-706. Medical students — Eligibility for initial and renewal loans.

  1. The Arkansas Rural Medical Practice Student Loan and Scholarship Board may make rural medical practice loans to the applicant, each rural medical practice loan being expressly made subject to the provisions of §§ 6-81-708(c) and 6-81-710, if it finds that:
    1. The applicant is a bona fide resident of Arkansas;
    2. The applicant has been accepted for admission to or is enrolled in good standing in the College of Medicine of the University of Arkansas for Medical Sciences in studies leading to the degree of Doctor of Medicine;
    3. The applicant is enrolled in a medically underserved and rural practice curriculum;
    4. The applicant needs financial assistance to complete his or her medical studies;
    5. The applicant desires to practice medicine in an eligible qualified rural community; and
    6. The applicant is a person of good moral character and one who has the talent and capacity to profit by medical studies.
  2. Subject to the availability of funds, an initial rural medical practice loan for one (1) academic year shall be renewable annually for the number of years required to complete studies leading to the Doctor of Medicine degree or for additional amounts, not to exceed the maximum amounts specified in § 6-81-707, but all subsequent rural medical practice loans shall be granted only upon application by the recipient and a finding by the board that:
    1. The applicant has completed successfully the medical studies of the preceding academic year and remains in good standing as an enrolled student in the college;
    2. The applicant is enrolled or participating in a medically underserved and rural practice curriculum;
    3. The applicant continues to be a resident of Arkansas; and
    4. The applicant's financial situation continues to warrant financial assistance made under the conditions of this section.

History. Acts 1949, No. 131, § 6; 1955, No. 69, § 1; 1971, No. 133, § 5; 1971, No. 533, § 5; A.S.A. 1947, § 80-2913; Acts 1987, No. 151, § 2; 1995, No. 1114, § 3; 2007, No. 1058, § 2; 2009, No. 376, § 55.

A.C.R.C. Notes. As amended by Acts 1995, No. 1114, § 3, subdivision (a)(3) began:

“The applicant, beginning with the 1995-96 school year.”

As amended by Acts 1995, No. 1114, § 3, subdivision (b)(2) began:

“That, beginning with the 1995-96 school year.”

Publisher's Notes. As to the effect of the 1971 and 1972 amendments upon outstanding loan obligations, see Publisher's Notes to this subchapter.

Amendments. The 2009 amendment, in (a)(5), substituted “qualified rural community” for “qualifying rural community as determined by the board.”

6-81-707. Maximum amount of loans.

  1. The maximum amount of each rural practice loan for medical students shall not exceed sixteen thousand five hundred dollars ($ 16,500) per academic year or those costs that are reasonable and necessary for the student's attendance as determined by the Arkansas Rural Medical Practice Student Loan and Scholarship Board.
    1. The maximum amount of each community match income incentive shall not exceed eighty thousand dollars ($80,000) or as the board otherwise shall determine payable under § 6-81-716.
    2. The Arkansas Rural Medical Practice Student Loan and Scholarship Board shall provide one-half (½) of the community match income incentive, and the qualified rural community shall provide the other one-half (½) of the income incentive.
    3. However, if the board does not have sufficient funds to match the community's portion of the income incentive, nothing precludes a qualified rural community from providing the total income incentive amount.

History. Acts 1949, No. 131, § 7; 1971, No. 133, § 6; 1971, No. 533, § 6; 1981, No. 47, § 1; A.S.A. 1947, § 80-2914; Acts 1989, No. 22, § 1; 2007, No. 1058, § 2; 2009, No. 708, § 3.

Publisher's Notes. As to the effect of the 1971 and 1972 amendments upon outstanding loan obligations, see Publisher's Notes to this subchapter.

Amendments. The 2009 amendment, in (b), substituted “income incentive” for “loan” throughout the subsection, and made a minor stylistic change in (b)(3).

6-81-708. Loan contracts — Rural Medical Practice Loans — Obligations and conditions.

  1. The Arkansas Rural Medical Practice Student Loan and Scholarship Board shall enter into a loan contract with the applicant to whom a rural medical practice loan is made.
  2. The contract shall be approved by the Attorney General and shall be signed by the Chair of the Arkansas Rural Medical Practice Student Loan and Scholarship Board, countersigned by the Secretary of the Arkansas Rural Medical Practice Student Loan and Scholarship Board, and signed by the applicant.
  3. Each applicant to whom a rural medical practice loan or loans is granted by the Arkansas Rural Medical Practice Student Loan and Scholarship Board shall execute a written loan contract that incorporates the following obligations and conditions:
      1. The recipient of a rural medical practice loan or loans shall bindingly contract that he or she shall practice primary care medicine full time in a qualified rural community upon completion of:
        1. His or her medical internship of one (1) year undertaken immediately following the earning of the degree of Doctor of Medicine;
        2. Four (4) additional years of medical training beyond the internship if the training has been approved in advance by the Arkansas Rural Medical Practice Student Loan and Scholarship Board and includes practice experience in a rural community; or
        3. At the request of the recipient of a rural medical practice loan, the Arkansas Rural Medical Practice Student Loan and Scholarship Board may approve the recipient's request to practice in more than one (1) qualified rural community to meet his or her obligation to practice full time if the Arkansas Rural Medical Practice Student Loan and Scholarship Board determines, based upon guidelines established by the Arkansas Rural Medical Practice Student Loan and Scholarship Board, that the physician need in the rural communities cannot sustain a full-time medical practice or that other compelling circumstances exist.
      2. The recipient of a rural medical practice loan or loans shall bindingly contract that for each year's loan he or she shall practice medicine in accordance with subdivision (c)(1)(A) of this section for a whole year.
      3. For each continuous whole year of medical practice, in accordance with subdivision (c)(1)(A) of this section, subject to reasonable leave periods, including without limitation vacation, sick leave, continuing medical education, jury duty, funerals, holidays, or military service, the Arkansas Rural Medical Practice Student Loan and Scholarship Board shall cancel, by converting to a scholarship grant, the full amount of one (1) year's loan plus accrued interest;
      1. The recipient of a rural medical practice loan or loans shall bindingly contract that not engaging in the practice of medicine in accordance with the loan contract and with this subchapter may result in suspension of his or her license to practice medicine in this state.
      2. For any contract entered into after August 1, 2007, the recipient's medical license may not be suspended unless the recipient's contract contained a specific term that loss of license was a consequence of breach and the recipient signed a written acknowledgment of understanding that the suspension of license was explained to him or her orally as a potential consequence of breach of the contractual provisions.
      3. The suspension may be for a period of years equivalent to the number of years that the recipient is obligated to practice medicine in a rural area but has not so practiced and until the loan with interest together with any civil money penalties, as reduced by each full year of medical practice according to the terms of the loan contract, is paid in full;
    1. Any communication from the University of Arkansas College of Medicine with any state medical licensing board shall include a notation that the recipient of a rural medical practice loan has a contract with the State of Arkansas to practice medicine in a rural community and that breach of that contract may result in suspension of the recipient's Arkansas medical license;
      1. In the event that any rural medical practice loan recipient under this subchapter does not engage in the practice of medicine in accordance with the terms of this section and of his or her loan contract in order to have the loan contract recognized as a scholarship, the recipient shall remain obligated to repay the loan or loans received, together with interest at the maximum rate allowed by Arkansas law or the federal discount rate plus five percent (5%) per annum, whichever is the lesser, the interest to accrue from the date each payment of funds was received by the recipient.
      2. Neither interest nor the obligation to repay the principal sums accrued shall accrue during any one (1) period of time that the recipient involuntarily serves on active duty in the United States Armed Forces.
      3. Repayment of principal with interest shall be due and payable in full at the earliest to occur of the following events:
        1. Failure to remain enrolled in a medically underserved and rural practice curriculum;
        2. Failure to remain in enrollment status continuously to completion of the degree of Doctor of Medicine for any reason other than temporary personal illness;
        3. Failure to complete internship;
          1. Failure to engage in the full-time practice of medicine while residing in a qualified rural community in Arkansas as defined in § 6-81-701.
          2. However, the Arkansas Rural Medical Practice Student Loan and Scholarship Board may waive the residency requirement on a case-by-case basis; and
        4. Failure to establish a practice as described under subdivision (c)(4)(C)(iv)(a) of this section within six (6) months following either internship or four (4) additional years of medical education that includes practice experience in a rural community.
      4. In the event of the death of the recipient, the entire loan amount that has not been converted to a scholarship grant pursuant to the terms of the loan contract shall be due and payable;
    2. If an alternate on the waiting list for acceptance to the University of Arkansas College of Medicine enters into a rural medical practice program contract conditioned only upon the applicant's being accepted for admission to the college and otherwise meets the requirements of § 6-81-706 and if the applicant is moved to the top of the waiting list under § 6-81-718, the alternate's contract shall contain an additional term that breach of the contract may result in civil money penalties in the amount of one hundred percent (100%) of the loan amount; and
    3. This subsection shall not prohibit the Arkansas Rural Medical Practice Student Loan and Scholarship Board from considering and entering into a negotiated settlement with the rural medical practice loan recipient involving the license suspension, the amount of the civil money penalty, and the terms of repayment of the loan.
  4. The Arkansas Rural Medical Practice Student Loan and Scholarship Board may amend agreements entered into with any loan recipient at any time prior to full performance of the recipient's contractual obligations.
    1. A rural medical practice loan recipient may apply to the Dean of the College of Medicine of the University of Arkansas for Medical Sciences for a waiver of the contractual provisions set forth in subdivision (c)(2) of this section.
      1. If the dean as Chair of the Arkansas Rural Medical Practice Student Loan and Scholarship Board determines that exigent circumstances warrant a waiver, the loan recipient shall be notified in writing.
      2. The dean shall immediately notify the Arkansas State Medical Board of such determination.

History. Acts 1949, No. 131, §§ 8, 9; 1955, No. 69, § 2; 1963, No. 181, § 1; 1971, No. 133, § 7; 1971, No. 533, § 7; 1972 (1st Ex. Sess.), No. 62, § 1; 1981, No. 47, § 2; 1983, No. 649, § 1; 1985, No. 797, § 1; A.S.A. 1947, §§ 80-2915, 80-2916; Acts 1987, No. 151, §§ 3, 4; 1989, No. 22, § 2; 1991, No. 359, § 1; 1995, No. 1114, § 4; 1995, No. 1257, § 2; 2003, No. 676, §§ 2, 3; 2007, No. 1058, § 2; 2009, No. 708, § 4; 2017, No. 132, § 2.

A.C.R.C. Notes. Acts 1989, No. 823, § 1, provided:

“It is hereby found and determined by the General Assembly that Act 649 of 1983 amended the Arkansas law pertaining to the Arkansas Rural Medical Practice Student Loan and Scholarship Board by specifically providing that for the portion of any loan granted that had not been repaid or canceled by July 1, 1983, the recipient of such loan would not be required to reside in the rural community in which he or she practices as a condition for converting the loan into a scholarship grant but that the person would be required to meet other requirements of Act 649 of 1983. Despite the clear language of Act 649 of 1983, the Arkansas Rural Medical Practice Student Loan and Scholarship Board has continued to attempt to enforce the residency requirement on persons who received loans before the effective date of Act 649 or 1983. Therefore, it is the purpose of this section to remove all doubt that the state has relinquished its right to enforce the residency requirement for those persons covered under Section 9(1)(C) of Act 131 of 1949, as amended by Act 649 of 1983.

“The State of Arkansas hereby waives all rights of the State and of the Arkansas Rural Medical Practice Student Loan and Scholarship Board to enforce the requirement in loans granted before July 1, 1983 that a person reside in the rural community in which he or she practices as a condition for converting a loan received from the Arkansas Rural Medical Practice Student Loan and Scholarship Board into a scholarship grant.”

Pursuant to § 1-2-207, this section is set out above as amended by Acts 1995, No. 1257. Subsections (d) and (e) were also amended by Acts 1995, No. 1114, § 4, to read as follows:

“(d) Each applicant to whom a rural medical practice loan or loans shall be granted by the board after May 1, 1991, shall execute a written loan contract which shall incorporate the following obligations and conditions:

“(1)(A) The recipient of a rural medical practice loan or loans shall bindingly contract that upon completion of his or her medical internship of one (1) year undertaken immediately following the earning of the degree of Doctor of Medicine, or upon completion of three (3) additional years of medical training beyond the internship, if the training has been approved in advance by the board, he or she shall practice medicine full-time in a rural community.

“(B) For each continuous whole calendar year of medical practice in accordance with subdivision (d)(1)(A) of this section, the board shall cancel, by converting to a scholarship grant, the full amount of one year's loan plus accrued interest.

“(2)(A) In the event that any rural medical practice loan recipient under this subchapter does not engage in the practice of medicine in accordance with the terms of this section and of his or her loan contract in order to have the loan contract recognized as a scholarship, the recipient shall remain obligated to repay the loan or loans received, together with interest thereon, at the maximum rate allowed by Arkansas law, or the federal discount rate plus five percent (5%) per annum, whichever is the lesser, the interest to accrue from the date each payment of funds was received by the recipient.

“(B) No interest shall accrue, nor obligation to repay the principal sums accrued during any one (1) period of time that the recipient involuntarily serves on active duty in the United States armed forces.

“(C) Repayment of principal, with interest, shall be due and payable in full at the earliest to occur of the following events:

“(i) Failure, beginning with the 1995-96 school year, to remain enrolled in a medically underserved and rural practice curriculum;

“(ii) Failure to remain in enrollment status continuously to completion of the degree of Doctor of Medicine for any reason other than temporary personal illness;

“(iii) Failure to complete internship;

“(iv) Failure to practice medicine on a regularly sustained basis while residing in a rural community in Arkansas, as defined in § 6-81-701, provided however, that the board may waive the residency requirement on a case-by-case basis; and

“(v) Failure to establish such practice within six (6) months unless otherwise deferred by approval of the board, following either internship or three (3) additional years of medical education continuously beyond his or her internship where approved by the board.

“(D) In the event of the death of the recipient, all loans unpaid shall be due and payable.

“(e) The board may amend agreements entered into with any student who is currently enrolled as a medical student or an intern or resident who has not completed his or her postdoctoral training as approved by the board pursuant to § 6-81-701 et seq.”

As amended by Acts 1995, No. 1257, § 2, subdivision (d)(4)(C)(i) began:

“Failure, beginning with the 1995-96 school year.”

Acts 1995, No. 1257, § 4 provided:

“The provisions of this act shall not apply to any person entering a Rural Medical Practice Student Loan prior to the 1995-96 school year or to any subsequent Rural Medical Practice Student Loan contracts entered into by those persons.”

Publisher's Notes. Acts 1981, No. 47, § 3, authorized the board to amend agreements with any currently enrolled medical students, interns, or residents who had not completed post-doctoral training as approved by the board pursuant to the provisions of Acts 1971, No. 533, as amended by the 1981 act.

As to the effect of the 1971 and 1972 amendments upon outstanding loan obligations, see Publisher's Notes to this subchapter.

Amendments. The 2009 amendment substituted “secretary of the board” for “vice chair” in (b).

The 2017 amendment rewrote (c).

Case Notes

Applicability.

This section was not meant to operate retrospectively. Arkansas Rural Medical Practice Student Loan & Scholarship Bd. v. Luter, 292 Ark. 259, 729 S.W.2d 402 (1987).

6-81-709. [Repealed.]

Publisher's Notes. This section, concerning medical students; disability of minority, is repealed by Acts 2007, No. 1058, § 3. The section is derived from Acts 1949, No. 131, § 10; A.S.A. 1947, § 80-2917.

6-81-710. Funding of loans.

    1. All payments for rural practice loans and community match loans under this subchapter shall be made on requisitions signed by the Chair of the Arkansas Rural Medical Practice Student Loan and Scholarship Board drawn against the funds held for the purpose of this subchapter.
    2. These funds, consisting of state appropriations so designated, revolving amounts received from repayment of loans and interest, and all funds and property and income therefrom received by the board under its authority to accept and apply gifts, bequests, and devises shall be held in trust and disbursed by the fiscal officers of the University of Arkansas for Medical Sciences for the aforesaid purposes.
  1. Funds collected as a result of a recipient's breach of a rural practice loan contract or community match loan contract shall be held in trust for the use of the Arkansas Rural Medical Practice Student Loan and Scholarship Program and the Community Match Rural Physician Recruitment Program, or as otherwise deemed appropriate by the Arkansas Rural Medical Practice Student Loan and Scholarship Board in its discretion, and disbursed by the fiscal officer of the University of Arkansas for Medical Sciences under this subchapter.

History. Acts 1949, No. 131, § 11; 1971, No. 133, § 8; 1971, No. 533, § 8; A.S.A. 1947, § 80-2918; Acts 1995, No. 1114, § 5; 2007, No. 1058, § 4.

Publisher's Notes. As to the effect of the 1971 and 1972 amendments upon outstanding loan obligations, see Publisher's Notes to this subchapter.

6-81-711. Annual report.

  1. The Arkansas Rural Medical Practice Student Loan and Scholarship Board shall make an annual report to the Governor concerning the activities of the board and shall file a copy of its report with the Legislative Council.
    1. This report shall include:
      1. The names of the recipients of the loans;
      2. The amount of each loan;
      3. An accounting of the funds granted, on hand, and expended for necessary expenses;
      4. The total amount of funds received during the year from gifts, federal grants, bequests, and devises; and
      5. The amount of loans which, during the year, become scholarships through compliance with the conditions of the loan contracts.
    2. This report shall include the names and addresses, and amount of loans to each person, of those recipients who are in default of repayment obligations.

History. Acts 1949, No. 131, § 12; 1971, No. 133, § 9; 1971, No. 533, § 9; A.S.A. 1947, § 80-2919.

Publisher's Notes. As to the effect of the 1971 and 1972 amendments upon outstanding loan obligations, see Publisher's Notes to this subchapter.

6-81-712, 6-81-713. [Repealed.]

Publisher's Notes. These sections, concerning nursing students' financial assistance, were repealed by Acts 1995, No. 911, § 2. The sections were derived from the following sources:

6-81-712. Acts 1973, No. 751, § 1; A.S.A. 1947, § 80-2919.1.

6-81-713. Acts 1973, No. 751, § 3; A.S.A. 1947, § 80-2919.2.

For present law, see § 6-81-1201 et seq.

6-81-714. Dispute resolution — Determination of breach.

  1. Any applicant for a loan or income incentive issued by the Arkansas Rural Medical Practice Student Loan and Scholarship Board, any person who has been granted a loan or has been granted income incentives by the board, or any party to a rural medical practice or community match loan or income incentive may appeal any decision or action by the board relating to the application for a loan or income incentive or relating to a loan or income incentive granted by the board under the dispute resolution procedure established under this subchapter.
    1. The board, under § 6-81-702(b)(1), shall promulgate rules establishing a procedure that may be used by a loan or income incentive recipient, the board, or a qualified rural community to resolve any dispute arising out of or relating to a rural practice or community match loan or income incentive contract, including the validity or interpretation of a contract term, contract enforcement or defenses, the occurrence of an event of default or breach, loan repayment, the assessment or imposition of contract damages or civil money penalties, or other related disputes.
    2. The rules may provide for alternative dispute resolution, such as mediation, as appropriate.
    3. The dispute resolution procedure established by the board shall be followed before the initiation of any litigation related to a rural practice or community match loan or income incentive contract.
  2. Nothing in this subchapter shall prohibit informal disposition by stipulation, settlement, or consent.

History. Acts 1989, No. 823, § 2; 2007, No. 1058, § 4; 2009, No. 708, § 5.

Amendments. The 2009 amendment inserted “or income incentive” following “loan” throughout the section; and in (a), inserted “or has been granted income incentives” following “has been granted a loan,” and made a minor stylistic change.

6-81-715. Medical school graduates — Community match contract — Eligibility.

    1. The Arkansas Rural Medical Practice Student Loan and Scholarship Board shall administer the Community Match Rural Physician Recruitment Program.
      1. Interested rural communities may apply to the Arkansas Rural Medical Practice Student Loan and Scholarship Board to participate in the program as a qualified rural community.
      2. The Arkansas Rural Medical Practice Student Loan and Scholarship Board shall approve a designated representative or representatives of the qualified rural community to assist the Arkansas Rural Medical Practice Student Loan and Scholarship Board in matters relating to any community match contracts entered into by the Arkansas Rural Medical Practice Student Loan and Scholarship Board and the qualified rural community.
  1. The Arkansas Rural Medical Practice Student Loan and Scholarship Board, in conjunction with a qualified rural community, may grant community match income incentives to applicants, each incentive being expressly made subject to § 6-81-716, if it finds that:
    1. The applicant is a graduate of:
      1. The University of Arkansas College of Medicine or any accredited medical school in the United States; or
      2. A foreign medical school if the applicant:
        1. Was a resident of Arkansas and citizen of the United States prior to enrollment in the foreign medical school; and
        2. Has been licensed by the Arkansas State Medical Board;
    2. The applicant satisfies one (1) of the following criteria:
      1. He or she is enrolled in a residency or other training program in an area of primary care medicine; or
      2. No more than two (2) years before the date of the application, he or she completed a residency or other training program in an area of primary care medicine;
    3. The applicant desires to practice medicine in the qualified rural community; and
    4. The designated representative or representatives of the qualified rural community approve the applicant.

History. Acts 1995, No. 1114, § 6; 2007, No. 1058, § 6; 2009, No. 708, § 5; 2017, No. 132, § 3.

A.C.R.C. Notes. As enacted, subdivision (b)(3) began:

“The applicant, beginning with the 1995-96 school year.”

As enacted, subdivision (c)(2) began:

“Beginning with the 1995-96 school year.”

Amendments. The 2009 amendment, in (b), substituted “grant community match income incentives to applicants, each incentive” for “make community match loans to applicants, each loan” in the introductory language, deleted (b)(1) and redesignated the subsequent subdivisions accordingly, and made a minor stylistic change in (b)(1)(B).

The 2017 amendment deleted “for community match loans” following “Eligibility” at the end of the section heading; substituted “Arkansas Rural Medical Practice Student Loan and Scholarship Board” for “board” throughout; and rewrote (b).

Case Notes

Defenses.

In a breach of contract action by the Arkansas Rural Medical Practice Student Loan and Scholarship Board, a doctor was entitled to assert common law breach of contract defenses because §§ 6-81-715 to 6-81-717 did not reveal a clear expression of legislative intent to deprive community-match-scholarship recipients of the ability to assert common-law claims and defenses. Nelson v. Ark. Rural Med. Practice Loan & Scholarship Bd., 2011 Ark. 491, 385 S.W.3d 762 (2011).

Standing.

Doctor who had allowed his Arkansas medical license to lapse did not have standing to obtain a judgment declaring that § 17-95-409(b) did not apply to contracts under the Community Match Loan and Scholarship Program, established under §§ 6-81-715 to 6-81-717, because the Declaratory Judgment Statute, § 16-111-101 et seq., was applicable only where there was a present actual controversy. Nelson v. Ark. Rural Med. Practice Loan & Scholarship Bd., 2011 Ark. 491, 385 S.W.3d 762 (2011).

6-81-716. Medical school graduates — Community match contract — Obligations and conditions.

    1. The Arkansas Rural Medical Practice Student Loan and Scholarship Board and a qualified rural community shall enter a joint community match contract with the applicant.
    2. The form of the community match contract shall be approved by the Attorney General and shall be signed by the Chair of the Arkansas Rural Medical Practice Student Loan and Scholarship Board, the Secretary of the Arkansas Rural Medical Practice Student Loan and Scholarship Board, the designated representative or representatives of the qualified rural community, and the applicant.
  1. Each applicant to whom a community match income incentive is granted by the board shall execute a written contract that shall incorporate the following obligations and conditions:
      1. The recipient of a community match income incentive shall bindingly contract that he or she shall practice primary care medicine full time in the contracting qualified rural community for a period of four (4) years.
        1. The recipient shall receive the income incentive funds according to a disbursement schedule acceptable to the board, the qualified rural community, and the recipient as set forth in writing in the community match contract.
        2. For each three-month period of full-time medical practice by the recipient, according to the terms of the community match contract, the board and the qualified rural community shall award one-quarter (¼) of the income incentive for the year of service;
      1. If any recipient does not begin or ceases the full-time practice of medicine in breach of the community match contract or otherwise breaches the community match contract, the recipient shall pay twenty thousand dollars ($20,000) for each uncompleted full year of the four-year contract term, and any civil money penalties that apply.
      2. The board may impose civil money penalties of up to fifty percent (50%) of the principal amount of the income incentive under the terms of the community match contract as a consequence of breach; and
    1. Neither interest nor the obligation to repay the principal sums accrued shall accrue during any one (1) period of time that the recipient involuntarily serves on active duty in the United States Armed Forces or state active duty in the Arkansas National Guard.
  2. Subsection (b) of this section does not prohibit the board from considering and entering into a negotiated settlement with the income incentive recipient involving the terms of repayment of amounts paid under the terms of the community match contract.
  3. Community match contracts may be amended at any time before the income incentive has been paid in full or terms and conditions of the contract are satisfied.
  4. The board shall promulgate rules setting forth additional terms and conditions of community match contracts.

History. Acts 1995, No. 1114, § 6; 2003, No. 676, § 4; 2005, No. 1682, § 1; 2007, No. 1058, § 6; 2009, No. 708, § 5; 2017, No. 132, § 4; 2019, No. 462, § 1.

A.C.R.C. Notes. As enacted, subdivision (c)(2)(B)(i) began:

“Failure, beginning with the 1995-96 school year.”

Amendments. The 2009 amendment substituted “community match contract” for “loan contract” and “income incentive” for “loan” throughout the section; substituted “secretary” for “vice-chair” in (a)(2); in (b), deleted “loan” following “written” in the introductory language, substituted “award one-quarter (¼) of the income incentive for the year of service” for “cancel, by converting to a grant, a pro rata portion of the loan amount plus accrued interest” in (b)(1)(B)(ii), rewrote (b)(2)(A), (b)(2)(B), (b)(4), (c) and (d); and made minor stylistic changes.

The 2017 amendment deleted (a)(1)(B) and redesignated (a)(1)(A) as (a)(1); deleted “or, if approved by the board, he or she shall practice a designated specialty full time in the contracting qualified rural community for a period of four (4) years” following “years” at the end of (b)(1)(A); in (b)(2)(A), inserted “community match” before the first occurrence of “contract”, substituted “community match contract” for “loan contract”, and substituted “pay twenty thousand dollars ($20,000) for each uncompleted full year of the four-year contract term” for “repay all unearned income paid under the terms of the contract, any actual costs paid by the community in reliance for the income-incentive-recipient's agreement to practice full time in that community”; in (b)(3), substituted “Neither interest nor the obligation to repay the principal sums accrued shall accrue during” for “No interest shall accrue, nor obligation to repay the principal sums accrued, during”; deleted (b)(4); substituted “Community match contracts” for “Community match loan contracts” in (d); and made stylistic changes.

The 2019 amendment added “or state active duty in the Arkansas National Guard” in (b)(3).

6-81-717. [Repealed.]

Publisher's Notes. This section, concerning medical school alternates; community match loan, was repealed by Acts 2007, No. 1058, § 7. The section was derived from Acts 1995, No. 1114, § 6.

6-81-718. Medical school alternates — Rural medical practice loans.

    1. If an alternate on the waiting list for acceptance to the College of Medicine of the University of Arkansas for Medical Sciences demonstrates a willingness to enter into a rural medical practice loan contract and meets the requirements of § 6-81-706, the applicant shall be moved to the top of the waiting list upon entering into a rural medical practice loan contract.
    2. The priority on the waiting list for those alternates who enter into a rural medical practice loan contract shall be determined by the date and time such alternate enters into the rural medical practice loan contract.
  1. The college shall meet the requirements set forth at § 6-64-406 for allocation of enrollment positions for medical students among congressional districts before accepting for admission an alternate who has entered into a rural medical practice loan contract with the Arkansas Rural Medical Practice Student Loan and Scholarship Board.

History. Acts 1995, No. 1114, § 6; 2007, No. 1058, § 8.

6-81-719. Tracking loan contract compliance.

The College of Medicine of the University of Arkansas for Medical Sciences shall track graduates who were recipients of rural medical practice loans for the length of their contractual obligations and shall report to the Legislative Council by October 1 of each even-numbered year regarding the compliance of those graduates with the terms of their contracts.

History. Acts 1995, No. 1257, § 5.

A.C.R.C. Notes. References to “this subchapter” in §§ 6-81-7016-81-718 may not apply to this section which was enacted subsequently.

Acts 1995, No. 1257, § 4 provided:

“The provisions of this act shall not apply to any person entering a Rural Medical Practice Student Loan prior to the 1995-96 school year or to any subsequent Rural Medical Practice Student Loan contracts entered into by those persons.”

6-81-720. Rural Medical Practice Student Loan and Scholarship Program administrator.

  1. There is established a Rural Medical Practice Student Loan and Scholarship Program administrator.
  2. The administrator shall:
    1. Be employed by the University of Arkansas for Medical Sciences;
    2. Serve as liaison between loan recipients and rural communities by:
      1. Working with the communities to identify their unique needs, to develop profiles of their ideal candidates, and to prepare for recruitment visits; and
      2. Assisting medical students and residents to identify medically underserved and other rural communities that suit their personal and medical practice needs and to meet their contractual obligations;
    3. Collect and monitor program data, including demographic data of participants and communities, service completion rates, retention rates beyond service completion, satisfaction of obligated physicians and communities, and other information;
    4. Prepare annual program evaluations and present the evaluations to the Arkansas Rural Medical Practice Student Loan and Scholarship Board;
    5. Assist with preparation and submission of program reports;
    6. Attend board meetings in a nonvoting capacity; and
    7. Perform other functions assigned by the board.

History. Acts 2007, No. 1058, § 9.

6-81-721. Noninterference with pending litigation.

Nothing in this subchapter is intended to affect pending litigation existing as of April 4, 2007.

History. Acts 2007, No. 1058, § 9.

6-81-722. Sunset clause.

  1. Loan recipients enrolled in the Community Match Rural Physician Recruitment Program on or before the day before April 4, 2007, shall not have their loan contracts impaired by the amendments to the community match program.
    1. Subject to the availability of funds, the loan for the academic year shall be renewable annually for the number of years required to complete studies leading to the Doctor of Medicine degree or for additional amounts not to exceed sixteen thousand five hundred dollars ($16,500).
    2. However, all subsequent loans shall be granted only upon application by the recipient and a finding by the Arkansas Rural Medical Practice Student Loan and Scholarship Board that the applicant:
      1. Has completed successfully the medical studies of the preceding academic year and remains in good standing as an enrolled student in the college;
      2. Is enrolled or participating in a medically underserved and rural practice curriculum; and
      3. Continues to be a resident of Arkansas.
  2. This section expires on August 31, 2014.

History. Acts 2007, No. 1058, § 9.

Subchapter 8 — Minority Teacher Education Loan Program

6-81-801 — 6-81-810. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2001, No. 1692, § 13. The subchapter was derived from the following sources:

6-81-801. Acts 1989, No. 144, § 1.

6-81-802. Acts 1989, No. 144, § 1.

6-81-803. Acts 1989, No. 144, § 1.

6-81-804. Acts 1989, No. 144, § 1.

6-81-805. Acts 1989, No. 144, § 1.

6-81-806. Acts 1989, No. 144, § 1.

6-81-807. Acts 1989, No. 144, § 1.

6-81-808. Acts 1989, No. 144, § 1.

6-81-809. Acts 1989, No. 144, § 1.

6-81-810. Acts 1989, No. 144, § 1.

Subchapter 9 — Freshman/Sophomore Minority Prospective Teacher Loan Program

6-81-901 — 6-81-910. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2001, No. 1692, § 14. The subchapter was derived from the following sources:

6-81-901. Acts 1989, No. 145, § 1.

6-81-902. Acts 1989, No. 145, § 1.

6-81-903. Acts 1989, No. 145, § 1.

6-81-904. Acts 1989, No. 145, § 1.

6-81-905. Acts 1989, No. 145, § 1.

6-81-906. Acts 1989, No. 145, § 1.

6-81-907. Acts 1989, No. 145, § 1.

6-81-908. Acts 1989, No. 145, § 1.

6-81-909. Acts 1989, No. 145, § 1.

6-81-910. Acts 1989, No. 145, § 1.

Subchapter 10 — Grant Program for Nurse Midwife Students

6-81-1001 — 6-81-1006. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2001, No. 1692, § 5. The subchapter was derived from the following sources:

6-81-1001. Acts 1989, No. 240, § 2.

6-81-1002. Acts 1989, No. 240, § 1.

6-81-1003. Acts 1989, No. 240, § 6.

6-81-1004. Acts 1989, No. 240, § 3.

6-81-1005. Acts 1989, No. 240, § 4.

6-81-1006. Acts 1989, No. 240, § 5.

Subchapter 11 — Financing Postsecondary Out-of-State Education

Cross References. Financial assistance to students, § 6-81-101 et seq.

Southern Regional Education Compact, § 6-4-101 et seq.

Effective Dates. Acts 1993, No. 1259, § 18: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1993 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1993 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 1997, No. 923, § 8: July 1, 1997. Emergency clause provided: “It is found and determined by the General Assembly that there is an urgent need to change the program offering annual tuition support for Arkansas students attending out-of-state schools in dentistry, optometry, veterinary medicine, podiatry, osteopathy, and chiropractic as one providing grants instead of loans, and that in the event of an extension of the Regular session, any delay in the effective date of this act beyond July 1, 1997, could work irreparable harm upon the proper administration and provision of such program. Therefore an emergency is declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1997.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-81-1101. Tuition assistance for certain professional schools — Definitions.

  1. The Division of Higher Education shall institute a program of making grants for the benefit of Arkansas residents to assist in paying tuition for attending certain accredited schools of dentistry, optometry, veterinary medicine, podiatry, or chiropractic located outside the State of Arkansas but within the United States.
  2. In addition to the Southern Regional Education Compact program for which the Arkansas Higher Education Coordinating Board serves as agent for the state and for which the division serves as disbursing agent pursuant to §§ 6-4-104 — 6-4-107, the Arkansas Higher Education Coordinating Board is authorized to enter into direct contracts with selected accredited schools of dentistry, optometry, veterinary medicine, podiatry, chiropractic, or osteopathy which do not participate in the program if the Arkansas Higher Education Coordinating Board determines that the needs of the state are not being met by institutions participating in the program.
  3. For purposes of this section:
    1. “Grant” means a payment of tuition money made in accordance with this section to assist a qualified grantee in attending participating accredited schools of dentistry, optometry, veterinary medicine, podiatry, chiropractic, or osteopathy located outside the State of Arkansas;
    2. “Participating institution” or “participating school” means a professional or graduate school that:
      1. Is located outside the State of Arkansas but within the United States;
      2. Offers a full-time course of instruction in dentistry, optometry, veterinary medicine, podiatry, chiropractic, or osteopathy;
      3. Is accredited by an accrediting entity acceptable to the applicable licensing board of the profession;
      4. After completion of such course of instruction, grants a degree acceptable to the applicable licensing board as the sole requirement or as one (1) requirement for the applicable licensing board's granting of a professional license; and
      5. Is a party to a currently effective written agreement between the participating institution and the division or the Southern Regional Education Board; and
    3. “Qualified grantee” means a student who:
      1. Is a resident of the State of Arkansas;
      2. Has been accepted for enrollment at or is attending a participating accredited school of dentistry, optometry, veterinary medicine, podiatry, osteopathy, or chiropractic located outside the State of Arkansas; and
      3. Has been certified under § 6-4-106 by the division as qualified to participate in the grant program authorized by this section and consistent with § 6-4-106.
    1. For participating schools that charge different annual tuition amounts for in-state students and out-of-state students, the amount of the grant will be the difference between the in-state tuition and the out-of-state tuition. However, should the differential exceed the contract price approved for similar programs by the Southern Regional Education Board in accordance with § 6-4-105(c), the lower amount will be paid.
    2. For participating schools which charge the same amount of annual tuition for in-state and out-of-state students and such annual tuition is extraordinary as determined by the division, the amount shall not be less than five thousand dollars ($5,000) per student.
    1. The program shall be administered by the division.
    2. The grants shall be made upon such terms and conditions as are prescribed by the division.
    3. The division shall promulgate such rules as are necessary to implement the provisions of this section.
    1. The division will allocate, based upon funds appropriated, the number of eligible grant recipients to receive funds at each participating institution for each applicable academic period.
    2. Each participating institution will select eligible grant recipients for each applicable academic period. In the event that the number of eligible students accepted for enrollment at such participating institution exceeds the number of eligible grant recipients for whom funds have been allocated by the division from funds appropriated, such participating institution shall have sole discretion in selecting the eligible students to designate as eligible grant recipients.
    3. The division shall make grants according to the allocations made by the division and selections made by the participating institutions. The division shall have no obligation to make any grants except to the extent that funds have been appropriated and funded for the program.

History. Acts 1993, No. 1259, § 6; 1997, No. 923, § 1; 1999, No. 1218, § 7; 2017, No. 1008, § 1; 2019, No. 315, § 396; 2019, No. 910, §§ 2032-2037.

A.C.R.C. Notes. The Board of Control for Southern Regional Education referred to in this section also uses the name “Southern Regional Education Board”.

Amendments. The 2017 amendment substituted “podiatry or chiropractic” for “podiatry, chiropractic, or osteopathy” in (a).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (e)(3).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (a); substituted “division” for “department” throughout the section; and substituted “Southern Regional Education Board” for “Board of Control for Southern Regional Education” in (c)(2)(E).

6-81-1102. [Repealed.]

Publisher's Notes. This section, concerning deferred repayment, was repealed by Acts 1997, No. 923, § 2. The section was derived from Acts 1993, No. 1259, § 11.

6-81-1103. Repayment of out-of-state tuition paid by the State of Arkansas.

  1. The Division of Higher Education may provide loans from the Budget Stabilization Trust Fund in excess of the Southern Regional Education Board grant funds to dental students enrolled in professional programs outside the state for whom any part of the out-of-state tuition is paid by the State of Arkansas if the tuition paid to the out-of-state institution exceeds the board-contracted rate.
  2. The amount of the loans in excess of the board grant funds may be the amount of the out-of-state tuition paid by the student, but the amount of the loan may not exceed the amount by which the tuition exceeds the rate established by the board.
  3. The loans shall be made on an annual basis not to exceed the combined total of four (4) years.
  4. The loans may be forgiven at the rate of one (1) year's loan for one (1) year's practice in Arkansas.
  5. Repayment of the loan may be deferred but for no longer than five (5) years, for the following reasons:
    1. Military service;
    2. Specialty training; or
    3. Extraordinary circumstances as determined by the division.
  6. The loans shall be made at a rate of interest determined by the division but not to exceed four percent (4%).

History. Acts 2003, No. 1715, § 1; Acts 2019, No. 910, §§ 2038-2040.

A.C.R.C. Notes. The Board of Control for Southern Regional Education referred to in this section also uses the name “Southern Regional Education Board”.

Amendments. The 2019 amendment, in (a), substituted “Division of Higher Education” for “Department of Higher Education” and “Southern Regional Education Board” for “Board of Control for Southern Regional Education”; and substituted “division” for “department” in (e)(3) and (f).

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, Loan Programs for Students, 26 U. Ark. Little Rock L. Rev. 379.

6-81-1104. Applicability.

The provisions of § 6-81-1103 shall not apply to Board of Control for Southern Regional Education grant funds.

History. Acts 2003, No. 1715, § 2.

A.C.R.C. Notes. The Board of Control for Southern Regional Education referred to in this section also uses the name “Southern Regional Education Board”.

6-81-1105. Veterinary medicine loans — Definitions.

  1. As used in this section:
    1. “Food animal” means bovine, porcine, ovine, camelid, cervid, poultry, and any other species determined by the State Veterinarian;
    2. “Food supply veterinary medicine” means all aspects of veterinary medicine's involvement in food supply systems, from traditional agricultural production to consumption;
    3. “Loan repayment” means a payment made to a recipient upon completion of yearly requirements;
    4. “Participating institution” means the College of Veterinary Medicine of Mississippi State University;
    5. “Practice of food supply veterinary medicine” means a corporate or private veterinary practice with a minimum of thirty percent (30%) of the practice devoted to food animal medicine or mixed animal medicine located in rural areas; and
    6. “Qualified recipient” means a student who:
      1. Is a resident of the State of Arkansas;
      2. Has completed a veterinarian medicine degree program at a participating institution;
      3. Is licensed to practice veterinary medicine in Arkansas; and
      4. Has been certified under § 6-4-106 by the Division of Higher Education as qualified to participate in the loan repayment program authorized by this section and consistent with § 6-4-106.
  2. The division shall institute a loan repayment program to:
    1. Benefit Arkansas residents; and
    2. Assist with the repayment of federal student loans for students that attended a participating institution and completed the requirements for loan repayment.
    1. The division shall administer the program.
      1. The division shall adopt rules to implement this section and address the terms and conditions of loan repayments made under this section.
      2. The terms of the loan repayment shall include without limitation:
        1. A requirement to practice food supply veterinary medicine for five (5) consecutive years; and
        2. Conditions for loan repayment under § 6-81-1106.
      3. The loan repayment amount shall not exceed the amount of tuition assistance provided under the Southern Regional Education Compact program.
  3. The division shall:
    1. Allocate the number of qualified recipients to receive loan repayment based on the amount of funds appropriated;
    2. Determine the necessary procedures for awarding the loan repayments if the number of eligible applicants and recipients exceeds the funding available; and
      1. Distribute loan repayments according to the allocations made by the division.
      2. The division shall not be obligated to make a loan repayment unless funds are appropriated.

History. Acts 2011, No. 881, § 1; 2019, No. 910, §§ 2041-2046.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a)(6)(D); and substituted “division” for “department” throughout the section.

6-81-1106. Student loan repayment — Definitions.

  1. As used in this section:
    1. “Food animal” means bovine, porcine, ovine, camelid, cervid, poultry, and any other species determined by the State Veterinarian;
    2. “Food supply veterinary medicine” means all aspects of veterinary medicine's involvement in food supply systems, from traditional agricultural production to consumption; and
    3. “Practice of food supply veterinary medicine” means a corporate or private veterinary practice with a minimum of thirty percent (30%) of the practice devoted to food animal medicine or mixed animal medicine located in rural areas.
  2. The Division of Higher Education shall repay federal student loans yearly for a maximum of five (5) consecutive years if the recipient:
    1. Practices food supply veterinary medicine in Arkansas within ninety (90) days after completion of:
      1. The professional degree program for which the loan was made;
      2. An internship program; or
      3. The professional degree program for which the loan was made and an internship program; and
    2. Maintains the practice of food supply veterinary medicine in Arkansas for a minimum of one (1) year for each year of loan repayment up to five (5) years with all five (5) years consecutive.
  3. A recipient who fails to satisfy the obligation to engage in the practice of food supply veterinary medicine for one (1) year in a five-consecutive-year period shall not receive the loan repayment amount.
  4. The obligation to engage in the practice of food supply veterinary medicine for a five-consecutive-year period shall be postponed during any:
    1. Period of temporary medical disability if the recipient is unable to practice veterinary medicine;
    2. Period of military service under § 6-61-112; or
    3. Other period of postponement agreed to by the division.
  5. The division shall adopt rules to administer this section.

History. Acts 2011, No. 881, § 1; 2019, No. 910, §§ 2047-2049.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in the introductory language of (b); and substituted “division” for “department” in (d)(3) and (e).

Subchapter 12 — Graduate Nursing Practice and Nurse Educator Student Loans and Scholarships

Effective Dates. Acts 1995, No. 911, § 6: Apr. 5, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly that there is a pressing and immediate need for additional nurse practitioners in rural areas of Arkansas; that this act has as its purposes the furnishing of financial assistance to those willing to commit to rural practice. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer [sic], it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-81-1201. Definitions.

As used in this subchapter:

    1. “Advanced nursing practice” means advanced nursing care provided in one (1) of the following areas of practice:
      1. Family practice nursing;
      2. Pediatric nursing;
      3. Women's health nursing;
      4. Nurse midwifery;
      5. Gerontology nursing;
      6. Adult nursing;
      7. Nurse anesthesia;
      8. Nursing administration;
      9. Psychiatric or mental health nursing;
      10. Acute care nursing;
      11. Community or public health nursing; or
      12. Nursing education.
      1. “Advanced nursing practice” occurs in the context of practice by a registered nurse who has:
        1. Completed a master's or doctoral nursing education program; and
        2. Met the requirements for:
          1. National certification;
          2. Teaching in an Arkansas-accredited school of nursing; and
          3. Serving as a nurse administrator in an Arkansas complex healthcare agency.
      2. “Advanced practice nursing” includes the roles of:
        1. Clinical nurse specialist;
        2. Nurse practitioner;
        3. Nurse administrator;
        4. Nurse educator;
        5. Nurse midwife; and
        6. Nurse anesthetist;
  1. “Arkansas school of nursing” means any school or school's department of nursing located in Arkansas;
  2. “Board” means the Graduate Nurse Educator Loan and Scholarship Board;
  3. “Complex Arkansas healthcare agency” means any hospital, long-term-care facility, large hospital-based clinic, large medical practice, or the Department of Health;
  4. “Department of Health” means the Department of Health and any of Arkansas' public health units;
  5. “Master's or doctoral nursing education program” means an Arkansas nursing education program located in an Arkansas public or private institution of higher education that has a master's or doctoral nursing program accredited by a recognized national nursing accreditation organization or a doctor of philosophy in nursing program accredited by the North Central Association of Colleges and Schools;
  6. “Nurse administrator” means a student enrolled in an Arkansas master's nursing education program or doctoral program who will serve as a nurse administrator in an Arkansas healthcare agency, including, but not limited to:
    1. A hospital;
    2. A long-term-care facility;
    3. A large hospital-owned clinic; or
    4. A large medical clinic;
  7. “Nurse educator” means a student enrolled in an Arkansas master's nursing education program or doctoral nursing education program who will prepare to teach nursing in an Arkansas school of nursing; and
  8. “Rural community” means a community within a health professions shortage area, as determined by the board, or a community having a population of no more than fifteen thousand (15,000) persons according to the most recent federal census taken prior to the execution of the loan contract or the most recent federal census taken prior to the time the recipient of the loan or loans shall be required to practice full time in such a community as provided in §§ 6-81-1204 and 6-81-1206 [repealed].

History. Acts 1995, No. 911, § 1; 1999, No. 1311, § 1; 2001, No. 787, § 1; 2005, No. 1468, § 1; 2017, No. 753, § 1.

Amendments. The 2017 amendment inserted “or doctoral” in (6).

6-81-1202. Graduate Nurse Educator Loan and Scholarship Board.

  1. There is established the Graduate Nurse Educator Loan and Scholarship Board composed of:
    1. The dean, chair, or director of each of the accredited graduate nursing programs in the state that offers a nurse practitioner/clinical nurse specialist, nurse midwife, nurse anesthetist, or nursing administration graduate preparation or preparation for nurse educators at the master's or doctoral levels;
    2. The President of the Council of Nurse Administrators of Nursing Education Programs in Arkansas;
    3. The President of the Arkansas State Board of Nursing or the president's designee;
    4. The Secretary of the Department of Health or the secretary's designee; and
    5. One (1) consumer, to be appointed by the Governor.
  2. The board shall:
    1. Promulgate reasonable rules as may be necessary to execute the provisions of this subchapter, including rules addressing:
      1. The requirements for ensuring a pool of advanced nursing practitioners to serve the state with a priority on health professions shortage areas;
      2. The requirements for an Arkansas school of nursing;
      3. The requirements for a community having a population of no more than fifteen thousand (15,000) persons according to the most recent census;
      4. The requirements of the Department of Health;
      5. The establishment of a minimum scholastic standing which a baccalaureate or master's nursing graduate must have achieved and the academic or scholastic standing a student must maintain in an accredited school of nursing in this state as a condition of receiving scholarship funds or financial aid under the provisions of § 6-81-1208 [repealed];
      6. The establishment of standards for a determination of the financial needs of the applicant for scholarship funds or financial aid under § 6-81-1208 [repealed], including the ability of the applicant or the spouse or the parents or guardian of the applicant to furnish a part of the funds necessary to pay the expenses of the applicant while attending a school of nursing; and
      7. All matters relating directly to the agreement for providing these scholarship funds or financial aid, including the terms and conditions of providing financial aid to the student and relating to the obligation of the recipient of financial aid to engage in the nursing profession in a rural community or as a nurse educator in an Arkansas school of nursing;
    2. Prescribe forms for and regulate the submission of applications for financial assistance;
    3. Determine eligibility of applicants;
    4. Allow or disallow applications for financial assistance;
    5. Contract, increase, decrease, terminate, and otherwise regulate all grants for this purpose and receipt for their repayment and convert loans to scholarships;
    6. Manage, operate, and control all funds and property appropriated or otherwise contributed for this purpose;
    7. Accept gifts, grants, and bequests or devises and apply them as a part of this program;
    8. Sue and be sued as the board; and
    9. Accept moneys from federal programs which may be used for furtherance of the purposes of this subchapter.
  3. The members of the board may receive expense reimbursement in accordance with § 25-16-901 et seq.

History. Acts 1995, No. 911, § 1; 1997, No. 250, § 41; 1999, No. 1311, § 2; 2001, No. 787, § 2; 2005, No. 1468, § 2; 2019, No. 315, § 397; 2019, No. 910, § 4853.

Amendments. The 2019 amendment by No. 315, in the introductory language of (b)(1), deleted “and regulations” following the first occurrence of “rules”, and substituted the second occurrence of “rules” for “regulations”.

The 2019 amendment by No. 910 substituted “Secretary” for “Director” and “secretary’s” for “director’s” in (a)(4).

6-81-1203. Graduate nursing students — Eligibility for rural advanced nursing practice and nurse educator loans.

  1. The Graduate Nurse Educator Loan and Scholarship Board may make advanced nursing practice or nurse educator loans to an applicant, each advanced nursing practice or nurse educator loan being expressly made subject to the provisions of § 6-81-1204 if it finds that:
    1. The applicant is a bona fide resident of Arkansas;
    2. The applicant has been accepted for admission to or is enrolled in good standing in an accredited master's or doctoral nursing program or doctor of philosophy in nursing program in the state leading to a graduate degree in nursing;
    3. The applicant is or will be a full-time or a part-time graduate student;
    4. The applicant needs financial assistance to complete his or her nursing studies;
    5. The applicant desires to practice advanced nursing practice in an Arkansas community or teach nursing in an Arkansas school of nursing; and
    6. The applicant is a person of good moral character and one who has the talent and capacity to profit by graduate nursing studies.
    1. Subject to the availability of funds, an initial rural advanced nursing practice or nurse educator loan for one (1) academic year shall be renewable annually for the number of years required to complete studies leading to a master's in nursing or doctor of philosophy in nursing degree, not to exceed the maximum amount specified in § 6-81-1204.
    2. All subsequent rural advanced nursing practice or nurse educator loans shall be granted only upon application by the recipient and a finding by the board that:
      1. The applicant has completed successfully the advanced nursing studies of the preceding academic year and remains in good standing as an enrolled student in an accredited master's program or a doctor of philosophy in nursing program in the state;
      2. The applicant continues to be a resident of Arkansas; and
      3. The applicant's financial situation continues to warrant financial assistance made under the conditions of this section.

History. Acts 1995, No. 911, § 1; 1999, No. 1311, § 3; 2001, No. 787, § 3; 2005, No. 1468, § 3; 2017, No. 753, § 2.

Publisher's Notes. Acts 2001, No. 787, § 3, did not accurately engross the amendments to § 6-81-1203(a)(2). The changes in subdivision (a)(2) set out above reflect the legislative intent of Acts 2001, No. 787, § 3.

Amendments. The 2017 amendment inserted “or doctoral” in (a)(2).

6-81-1204. Graduate nursing students — Rural advanced nursing practice or nurse educator loan contracts — Obligations and conditions.

      1. The maximum amount of each master's rural advanced nursing practice or nurse educator loan for full-time applicants shall not exceed eight thousand dollars ($8,000) per academic year.
      2. The maximum amount of each Doctor of Philosophy in nursing loan for full-time applicants shall not exceed twenty thousand dollars ($20,000) per academic year.
      3. Loans for part-time applicants shall be prorated as determined by the Graduate Nurse Educator Loan and Scholarship Board.
      1. The maximum number of years a master's recipient may receive funding shall not exceed two (2) years or four (4) regular academic semesters of full-time enrollment or four (4) years or eight (8) regular academic semesters of part-time enrollment.
      2. The maximum number of years a doctoral recipient may receive funding shall not exceed four (4) years or eight (8) regular academic semesters of full-time enrollment or six (6) years or twelve (12) regular academic semesters of part-time enrollment.
    1. The board shall enter a loan contract with the applicant to whom a rural advanced nursing practice or nurse educator loan is made.
    2. The rural advanced nursing practice or nurse educator loan contract shall be approved by the Attorney General and shall be signed by the Chair of the Graduate Nurse Educator Loan and Scholarship Board and the applicant.
  1. Each applicant to whom an advanced nursing practice or nurse educator loan or loans is granted by the board shall execute a written loan contract which shall incorporate the following obligations and conditions:
        1. The recipient of an advanced nursing practice or nurse educator loan or loans shall bindingly contract that, upon completion of his or her graduate degree in nursing and upon national certification as a nurse practitioner, nurse anesthetist, nurse midwife, clinical nurse specialist, or nursing supervisor in the case of recipients of advanced nursing practice loans, he or she shall practice as an advanced nursing practitioner full time in an Arkansas rural community or the Department of Health.
        2. In the case of the nurse educator recipient, he or she shall teach full time during the academic year in an Arkansas school of nursing or as a nurse administrator or work as a nursing administrator in an Arkansas complex healthcare agency for one (1) year.
      1. For each continuous whole calendar year of advanced nursing or academic calendar year for teaching or calendar year for nursing administration in accordance with subdivision (c)(1)(A) of this section, the board shall cancel, by converting to a scholarship grant, the full amount of one (1) year's loan, plus accrued interest; and
      1. In the event that any advanced nursing practice or nurse educator loan recipient under this subchapter does not engage in the practice of advanced nursing practice, teach in an Arkansas school of nursing, or serve as a nursing administrator in an Arkansas complex healthcare agency in accordance with the terms of this section and of his or her loan contract in order to have the loan contract recognized as a scholarship, the recipient shall remain obligated to repay the loan or loans received together with interest thereon at the maximum rate allowed by Arkansas law or the federal discount rate plus five percent (5%) per annum, whichever is the lesser, the interest to accrue from the date each payment of funds was received by the recipient.
      2. No interest shall accrue nor obligation to repay the principal sums accrued during any period of time that the recipient involuntarily serves on active duty in the United States Armed Forces or state active duty in the Arkansas National Guard.
      3. Repayment of principal with interest shall be due and payable in full at the earliest to occur of the following events:
        1. Failure to remain enrolled continuously and in good academic standing to completion of a graduate nursing degree for any reason other than temporary personal illness;
          1. Failure to practice as an advanced nursing practitioner on a regularly sustained basis while residing in an Arkansas community or working in a department unit, as defined in § 6-81-1201, or failure to serve as a nursing faculty member in an Arkansas school of nursing or serve as a nursing administrator in an Arkansas complex healthcare agency.
          2. However, the board may waive the residency requirement on a case-by-case basis; or
        2. Failure to establish an advanced nursing practice within six (6) months following graduation from an accredited graduate nursing program or within six (6) months after receiving national certification, whichever is later, or failure to assume a nurse faculty position in an Arkansas school of nursing or to assume a nursing administrator position in an Arkansas complex healthcare agency within six (6) months following graduation unless otherwise deferred by approval of the board.
      4. In the event of the death of the recipient, all loans unpaid shall be due and payable.
  2. The board may amend agreements entered into with any student who is currently enrolled as a graduate nursing student as approved by the board pursuant to this section.

History. Acts 1995, No. 911, § 1; 1999, No. 1311, § 4; 2001, No. 787, § 4; 2005, No. 1468, § 4; 2019, No. 462, § 2.

Amendments. The 2019 amendment added “or state active duty in the Arkansas National Guard” in (c)(2)(B).

6-81-1205 — 6-81-1208. [Repealed.]

Publisher's Notes. These sections, concerning the advanced nursing student loans, were repealed by Acts 2001, No. 787, § 5. The sections were derived from the following sources:

6-81-1205. Acts 1995, No. 911, § 1.

6-81-1206. Acts 1995, No. 911, § 1.

6-81-1207. Acts 1995, No. 911, § 1.

6-81-1208. Acts 1995, No. 911, § 1.

6-81-1209. Effect of subchapter.

Nothing in this subchapter shall be construed as establishing minimal requirements for schools of nursing or otherwise affecting the powers and duties of the Arkansas State Board of Nursing regarding schools of nursing.

History. Acts 1999, No. 1311, § 5; 2001, No. 787, § 6.

Subchapter 13 — University Assisted Teacher Recruitment and Retention Grant Program

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-81-1301. Program established — Purpose — Administration.

  1. There is established the University Assisted Teacher Recruitment and Retention Grant Program within the Division of Higher Education.
  2. The purpose of the program shall be to attract qualified teachers to the Mississippi Delta and those geographical areas of the state where there exists a critical shortage of teachers by making available scholarships to persons working toward a Master of Education degree at an institution of higher education whose teacher education program is approved by the Arkansas Higher Education Coordinating Board.
    1. Any institution of higher education in the State of Arkansas which offers a Master of Education degree may apply to the Division of Higher Education for participation in the program.
    2. Under the program, participating institutions shall collaborate with the Division of Elementary and Secondary Education to identify, recruit, and place teacher education graduates, from both within the state and out of state, in school districts situated within those areas of the state where there exists a critical shortage of teachers, as designated by the Division of Elementary and Secondary Education.
    1. The Division of Higher Education shall provide funds to participating institutions of higher education for the purpose of awarding scholarships to qualified persons pursuing a Master of Education degree at participating institutions while rendering service to the state as a licensed teacher in a school district in a geographical area of the state where there exists a critical shortage of teachers, as approved by the State Board of Education.
    2. The financial scholarship shall be two thousand dollars ($2,000) per year.
  3. As a condition for approval to participate in the program, the institution of higher education shall agree to classify teachers who relocate within Arkansas from out of state in order to participate in the program as residents of the state for tuition purposes.
    1. Students awarded financial scholarships under the program may receive the awards for a maximum of four (4) school years.
    2. The maximum number of awards which may be made shall not exceed the length of time required to complete the number of academic hours necessary to obtain a Master of Education degree.
  4. Financial scholarships under the program shall not be based upon an applicant's eligibility for financial aid.
    1. Persons relocating to a geographical area of the state where there exists a critical shortage of teachers, as designated by the State Board of Education, to participate in the program shall be eligible for reimbursement from the State Board of Education for all or part of their moving expenses to the critical teacher-shortage area.
    2. The Division of Higher Education shall promulgate rules necessary for the administration of the relocation expense reimbursement component of the program.
  5. Subject to the availability of funds, the State Board of Education may provide for professional development and support services as may be necessary for the retention of teachers participating in the program in those geographical areas of the state where there exists a critical shortage of teachers.
  6. Any person participating in the program who fails to complete a program of study that will enable that person to obtain a Master of Education degree shall become liable immediately to the State Board of Education for the sum of all awards made to that person under the program, plus interest accruing at the current Stafford Loan rate at the time the person abrogates participation in the program.
  7. As a condition for participation in the program, a teacher shall agree to employment as a licensed teacher in a school district located in a geographical area of the state where there exists a critical shortage of teachers, as designated by the State Board of Education, for a period of not less than three (3) years, which shall include those years of service rendered while obtaining the Master of Education degree or Educational Specialist degree.
      1. Students receiving an award from the program shall execute a note made payable to the Division of Higher Education for an amount equal to the award each semester that shall bear interest at the rate of ten percent (10%) per year beginning September 1 after completion of the program or immediately after termination of the student's participation in the program, whichever is earlier.
      2. Students in the program who receive reimbursement for moving expenses under subsection (h) of this section shall execute a note made payable to the Division of Elementary and Secondary Education for an amount equal to the reimbursement that shall bear interest at the rate of ten percent (10%) per year.
    1. Any person failing to complete a program of study which will enable the person to become a licensed teacher shall begin repaying the note according to the note's terms for the sum of all awards made to that person less the corresponding amount of any awards for which service has been rendered.
    2. Any person failing to complete his or her teaching obligation, as required under subsection (k) of this section, shall begin repaying the notes according to the notes' terms for the sum of all awards made to that person less the corresponding amount of any awards for which service has been rendered, except in the case of a deferral of debt for cause approved by the State Board of Education if there is no employment position immediately available upon a teacher's completion of licensure requirements.
    3. After the period of the deferral, the person shall begin or resume teaching duties as required under subsection (k) of this section or shall become liable on the note under this subsection. If a claim for payment of a note is placed into the hands of an attorney for collection, the obligor shall be liable for an additional amount equal to a reasonable attorney's fee.
    4. The obligations made by the recipient of a program award shall not be voidable by reason of the age of the student at the time of receiving the scholarship.
  8. All funds received by the Division of Elementary and Secondary Education from the repayment of scholarship awards and relocation expenses by program participants shall be deposited into the fund that provides funding for the program.
  9. The Division of Higher Education shall promulgate rules necessary for the proper administration of the program.
  10. The requirements of this section are contingent on the funding available for the program.
  11. The Division of Higher Education is authorized to determine the necessary procedures for the awarding of grants should the number of eligible applicants and recipients exceed the funds available.

History. Acts 2001, No. 1550, § 1; 2019, No. 315, § 398; 2019, No. 910, §§ 2050-2055.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (h)(2).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” and “Division of Elementary and Secondary Education” for “Department of Education” throughout the section.

Subchapter 14 — Nursing Student Loan Program

Effective Dates. Acts 2003, No. 84, § 14: Feb. 10, 2003. Emergency clause provided: “It is found and determined by the General Assembly, that to provide funds for Nursing Student Scholarships to help alleviate the nursing shortage crises and provide a mechanism for existing funds to be used to educate competent Nurses are necessary; that Nurses provide critical services to the citizens of the State and the shortage of qualified Nurses can cause irreparable damage to the community. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation, health and safety for the citizens of Arkansas and shall be in full force and effect from and after the date of its passage and approval. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2009, No. 9, § 11: Feb. 3, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the state has a severe shortage of nurses and nurse educators, that for financial and other reasons the state often has difficulty retaining state-educated nurses and nurse educators after graduation for the state's workforce, and that this act is immediately necessary to provide financial incentives to increase the number of nurses and nurse educators in the state for the protection of the public health, safety, and welfare. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

6-81-1401. Nursing Student Loan Program funding.

  1. Cash funds for the Nursing Student Loan Program shall consist of:
    1. Funds appropriated for the Nursing Student Loan Program;
    2. Federal funds;
    3. Gifts;
    4. Grants;
    5. Bequests;
    6. Devises;
    7. Donations;
    8. Moneys received to repay a loan under this subchapter;
    9. Interest and other income accruing to or earned by the funds; and
    10. All moneys provided by law.
  2. The Arkansas State Board of Nursing:
    1. May invest the principal, interest, and income of the funds;
    2. Shall use the funds for making loans for nursing scholarships; and
    3. Shall deposit all loan repayments as a refund to expenditure to be used to make additional loans under this subchapter.

History. Acts 2003, No. 84, § 2; 2009, No. 9, § 1.

Publisher's Notes. Acts 2003, No. 84, § 2, is also codified at § 19-5-1222.

Amendments. The 2009 amendment rewrote the section.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, Loan Programs for Students, 26 U. Ark. Little Rock L. Rev. 379.

6-81-1402. Program established — Administration.

There is established a Nursing Student Loan Program, to be administered by the Arkansas State Board of Nursing in accordance with the provisions of this subchapter.

History. Acts 2003, No. 84, § 3.

6-81-1403. Arkansas State Board of Nursing — Powers and duties.

  1. The Arkansas State Board of Nursing shall:
    1. Prescribe forms to be used in the Nursing Student Loan Program;
    2. Regulate the submission of applications for loans;
    3. Determine eligibility of applicants;
    4. Allow or disallow applications for financial assistance;
    5. Contract for, increase, decrease, terminate, and otherwise regulate all loans made under this subchapter and the repayment of these loans;
    6. Forgive loans and portions of loans as provided for; and
    7. Manage, operate, and control all funds and property appropriated or otherwise contributed for purposes of funding this program.
  2. The board may:
    1. Accept gifts, grants, bequests, devises, donations, and any federal funds available for the program, to be used together with funds appropriated for the program for making loans under this subchapter; and
    2. Hire a qualified person or entity to administer any aspect of the program.

History. Acts 2003, No. 84, § 5; 2009, No. 9, § 2.

Amendments. The 2009 amendment, in (b), added (b)(2), designated the formerly undesignated text accordingly, and substituted “the program” for “this purpose and to deposit any funds so received in the Nursing Student Loan Revolving Fund” in (b)(1); and made related and minor stylistic changes.

6-81-1404. Eligibility and requirements for loans.

  1. Any person who is enrolled in or has been accepted for admission to an approved school of nursing in this state or a nationally accredited school outside the state in a course of study leading to qualification as a registered nurse, licensed practical nurse, or nursing educator shall be eligible to make application to the Arkansas State Board of Nursing for a loan under this subchapter.
  2. The board may, depending upon available funds, make a loan to an applicant under this subchapter when it determines that the applicant:
    1. Is enrolled in or has been accepted for admission to an approved school of nursing in this state or a nationally accredited school outside the state in studies leading to qualification as a registered nurse, licensed practical nurse, or nursing educator;
    2. Warrants financial assistance to complete his or her nursing studies;
    3. Has signed a written agreement to:
      1. Upon graduation and licensure and for the period of time specified by rule promulgated by the board:
        1. Teach in a nursing education program in the State of Arkansas; or
        2. Engage in practice as a registered nurse or licensed practical nurse in the State of Arkansas; and
      2. Repay each loan with interest at the maximum legal rate if the applicant fails to fulfill the requirements of the board under this subchapter; and
    4. Is a lawful resident of the State of Arkansas.

History. Acts 2003, No. 84, § 6; 2009, No. 9, § 3.

Amendments. The 2009 amendment inserted “or nursing educator” in (a) and (b)(1); deleted “the provisions of” preceding “this subchapter” in (a) and (b); substituted “Warrants” for “Is in need of” in (b)(2), rewrote (b)(3), and substituted “lawful resident” for “citizen” in (b)(4); and made related and minor stylistic changes.

6-81-1405. Amount of loans — Maximum.

  1. The Arkansas State Board of Nursing may make a loan to any applicant in an amount calculated to pay the applicant's tuition, maintenance, and other education expenses while he or she is enrolled in a program of nursing education as described in this subchapter.
  2. The total of the loans made to any one (1) student under this subchapter shall not exceed twenty thousand dollars ($20,000).

History. Acts 2003, No. 84, § 8; 2009, No. 9, § 4.

Amendments. The 2009 amendment substituted “twenty thousand dollars ($20,000)” for “six thousand dollars ($6,000)” in (b).

6-81-1406. Term of loans.

Each loan made to an applicant under this subchapter shall be for one (1) academic year.

History. Acts 2003, No. 84, § 9.

6-81-1407. Renewal.

  1. Subject to the availability of funds, each loan made to an applicant under this subchapter shall be renewable annually for the number of years required to complete studies leading to qualification as a registered nurse, licensed practical nurse, or nursing educator.
  2. Any loan made to an applicant subsequent to an initial loan shall be made only upon application of the recipient and upon finding by the Arkansas State Board of Nursing that the applicant:
    1. Has successfully completed the nursing studies of the preceding academic year and remains in good standing as an enrolled student in the appropriate school of nursing;
    2. Warrants financial assistance to complete his or her nursing studies;
    3. Has signed a written agreement to:
      1. Upon graduation and licensure and for the period of time specified by rule promulgated by the board:
        1. Teach in a nursing education program in the State of Arkansas; or
        2. Engage in practice as a registered nurse or licensed practical nurse in the State of Arkansas; and
      2. Repay each loan with interest at the maximum legal rate if the applicant fails to fulfill the requirements of the board under this subchapter; and
    4. Continues to be a lawful resident of the State of Arkansas.

History. Acts 2003, No. 84, § 10; 2009, No. 9, § 5.

Amendments. The 2009 amendment added “or nursing educator” in (a); rewrote (b)(2) and (b)(3); inserted “lawful” in (b)(4); and made related and stylistic changes.

6-81-1408. Written contract required.

Each recipient of a loan under the provisions of this subchapter shall execute a written loan contract with the Arkansas State Board of Nursing for the repayment of the loan under such terms as are provided in this subchapter and as the board shall prescribe.

History. Acts 2003, No. 84, § 7.

6-81-1409. Cancellation of principal and interest.

Each loan contract shall include a provision that if the recipient completes his or her nursing education and qualification as a registered nurse, licensed practical nurse, or nursing educator, the Arkansas State Board of Nursing shall cancel the full amount of one (1) year's loan, plus accrued interest, under this subchapter for each year that the recipient practices or teaches in this state.

History. Acts 2003, No. 84, § 11; 2009, No. 9, § 6.

Amendments. The 2009 amendment inserted “or nursing educator”; deleted “for each year that the recipient practices in this state” following “Board of Nursing shall”; added “for each year that the recipient practices or teaches in this state”; and made stylistic and minor punctuation changes.

6-81-1410. Borrower's loss of good standing — Acceleration of due date.

If the recipient of a loan under this subchapter ceases to be enrolled in good standing in a recognized school of nursing before completing the education requirements to qualify as a registered nurse, licensed practical nurse, or nursing educator, the principal and interest of all loans made under this subchapter to the recipient shall become due and payable immediately or as provided in the loan agreement.

History. Acts 2003, No. 84, § 13; 2009, No. 9, § 7.

Amendments. The 2009 amendment rewrote the section.

6-81-1411. Repayment — Interest.

  1. A recipient of a loan under this subchapter shall repay each loan together with interest at the maximum rate allowed by Arkansas law if the recipient:
    1. Ceases to be enrolled in good standing in a recognized school of nursing before completing the education requirements to qualify as a registered nurse, licensed practical nurse, or nursing educator;
    2. For the period specified by rule of the Arkansas State Board of Nursing upon completion of the education requirements to qualify as a registered nurse, licensed practical nurse, or nursing educator does not:
      1. Teach in a nursing education program in the State of Arkansas; or
      2. Engage in practice as a registered nurse or licensed practical nurse in the State of Arkansas; or
    3. Fails to comply with any other requirement of this subchapter.
  2. Interest shall accrue from the date each payment of funds was received by the recipient.
  3. No interest shall accrue and no obligation to repay a loan exists during any period of time that the recipient of the loan serves on active duty in the United States Armed Forces or state active duty in the Arkansas National Guard.
  4. If repayment of a loan is required, upon the death of the recipient of the loan all unpaid principal and interest is due and payable.
  5. The failure to repay a loan as specified in this section may be considered unprofessional conduct for disciplinary purposes.

History. Acts 2003, No. 84, § 12; 2009, No. 9, § 8; 2019, No. 462, § 3.

Amendments. The 2009 amendment rewrote the section.

The 2019 amendment added “or state active duty in the Arkansas National Guard” in (c).

6-81-1412. Rules.

The Arkansas State Board of Nursing shall adopt reasonable rules consistent with this subchapter to effectively and efficiently carry out the purposes of this subchapter.

History. Acts 2003, No. 84, § 4; 2009, No. 9, § 9.

Amendments. The 2009 amendment substituted “consistent with this subchapter” for “and regulations not inconsistent with this subchapter as it deems necessary”, removed “and regulations” from the section heading, and made a minor stylistic change.

Subchapter 15 — State Teacher Assistance Resource Program

6-81-1501 — 6-81-1507. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2009, No. 1215, § 2. The subchapter was derived from the following sources:

6-81-1501. Acts 2003, No. 1804, § 2.

6-81-1502. Acts 2003, No. 1804, § 2; 2003 (2nd Ex. Sess.), No. 48, § 1.

6-81-1503. Acts 2003, No. 1804, § 2.

6-81-1504. Acts 2003, No. 1804, § 2; 2003 (2nd Ex. Sess.), No. 48, §§ 2, 3.

6-81-1505. Acts 2003, No. 1804, § 2; 2003 (2nd Ex. Sess.), No. 48, § 4.

6-81-1506. Acts 2003, No. 1804, § 2; 2003 (2nd Ex. Sess.), No. 48, § 5.

6-81-1507. Acts 2003, No. 1804, § 2.

Subchapter 16 — State Teacher Education Program

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-81-1601. Title.

This subchapter shall be known as the “State Teacher Education Program”.

History. Acts 2009, No. 1215, § 3.

6-81-1602. Definitions.

As used in this subchapter:

  1. “Approved institution” means a state-supported institution of higher education, a nursing school, or a private nonprofit institution of higher education that:
    1. Maintains its primary headquarters in the state;
    2. Is eligible to receive Title IV federal student aid program funds; and
    3. Is approved by the Division of Higher Education as eligible to participate in the State Teacher Education Program;
  2. “Eligible student” means a student who:
    1. Meets the criteria set out in this subchapter; and
    2. Is found to be eligible by rules promulgated by the Division of Higher Education; and
  3. “Teacher education program” means a program administered by the Division of Higher Education that provides loan repayments to a licensed teacher who teaches in a subject area or a geographic area with teacher shortage as determined by the Division of Higher Education in consultation with the Division of Elementary and Secondary Education.

History. Acts 2009, No. 1215, § 3; 2019, No. 910, § 2056.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” throughout the section; and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (3).

6-81-1603. Purpose.

The purpose of the State Teacher Education Program is to improve the educational system in the state by encouraging students to teach in subject areas and geographic areas with teacher shortages.

History. Acts 2009, No. 1215, § 3.

6-81-1604. Administration of the program.

  1. The State Teacher Education Program shall be administered by the Division of Higher Education.
  2. The division shall adopt standards for awarding the loan repayments to a public school teacher with an Arkansas teacher's license teaching in a:
    1. Subject area with a teacher shortage; or
    2. Geographic area with teacher shortage.
  3. The requirements of this subchapter are contingent on the funding available for the program.
  4. The division may determine the necessary procedures for awarding the loan repayments if the number of eligible applicants and recipients exceeds available funding.

History. Acts 2009, No. 1215, § 3; 2019, No. 910, § 2057.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a); and substituted “division” for “department” in the introductory language of (b) and in (d).

6-81-1605. Eligibility.

To be eligible for the State Teacher Education Program, an applicant shall:

  1. Teach full-time at a public school district in a subject area or geographic area with a teacher shortage, as identified by the Division of Higher Education in consultation with the Division of Elementary and Secondary Education;
  2. Hold a valid Arkansas teacher's license; and
    1. Meet additional continuing eligibility criteria established by the Division of Higher Education.
    2. An individual who has earned a teaching license upon the successful completion of an alternative educator preparation program is an eligible student under this section.

History. Acts 2009, No. 1215, § 3; 2019, No. 603, § 1; 2019, No. 910, § 2058.

Amendments. The 2019 amendment by No. 603 added the (3)(A) designation and added (3)(B).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (1) and (3); and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (1).

6-81-1606. Duration — Amount.

  1. The State Teacher Education Program shall be used to provide a loan repayment for federal student loans in the amount of:
    1. Three thousand dollars ($3,000) per year for a maximum of three (3) years for a licensed teacher who graduated from a teacher education program after April 2004 and teaches in a public school in this state or successfully completed an alternative educator preparation program after April 2004 and teaches in a public school in this state program:
      1. In a subject area designated by the Division of Higher Education in consultation with the Division of Elementary and Secondary Education as having a critical shortage of teachers; or
      2. Located in a geographical area of the state designated by the Division of Higher Education in consultation with the Division of Elementary and Secondary Education as having a critical shortage of teachers; and
    2. An additional one thousand dollars ($1,000) per year for a maximum of three (3) years for a licensed teacher who:
      1. Is a minority;
      2. Either:
        1. Graduated from a teacher education program after April 2004; or
        2. Successfully completed an alternative educator preparation program; and
      3. Teaches in a public school in this state.
  2. The Division of Higher Education may spend no more than fifty thousand dollars ($50,000) annually for costs associated with the administration of the program.
  3. The Division of Higher Education shall promulgate rules necessary for the implementation of this subchapter.

History. Acts 2009, No. 1215, § 3; 2019, No. 603, § 2; 2019, No. 910, § 2059.

Amendments. The 2019 amendment by No. 603 added “or successfully completed an alternative educator preparation program after April 2004 and teaches in a public school in this state program” in (a)(1); and rewrote (a)(2).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” and “Division of Elementary and Secondary Education” for “Department of Education” throughout the section.

Subchapter 17 — Teacher Candidate Loan Forgiveness Program

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-81-1701. Establishment — Administration.

There is established a Teacher Candidate Loan Forgiveness Program to be administered by the Division of Higher Education.

History. Acts 2017, No. 709, § 1; 2019, No. 910, § 2060.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education”.

6-81-1702. Eligibility — Loan amounts — Term.

  1. An individual is eligible for a loan under this subchapter to be used for financing the individual's cost of attendance at an institution of higher education if the individual:
    1. Is a lawful resident of the State of Arkansas;
    2. Has successfully completed his or her sophomore year at an institution of higher education;
    3. Is enrolled in good standing at an institution of higher education in this state as a full-time junior or senior, as determined by the institution of higher education;
    4. Is majoring in a degree program that will lead to the individual's becoming eligible for licensure as a teacher in a high-needs subject area as identified by the Division of Elementary and Secondary Education; and
    5. Has entered into a written agreement with the Division of Higher Education to:
      1. Teach for five (5) consecutive years in a school or school district located in a geographic area identified by the Division of Elementary and Secondary Education under § 6-15-403 [repealed] as a critical teacher shortage area beginning immediately upon obtaining licensure; and
      2. Repay each loan at an interest rate and on a schedule as determined by the Division of Higher Education if the individual fails to meet the requirements under this subchapter.
  2. If the amount of funds available for the Teacher Candidate Loan Forgiveness Program is insufficient to award loans to all qualified applicants under this subchapter, the Division of Higher Education shall award the loans on a competitive basis as determined by the Division of Higher Education.

History. Acts 2017, No. 709, § 1; 2019, No. 910, §§ 2061, 2062.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Division of Higher Education” for “Department of Higher Education” throughout the section.

6-81-1703. Loan amounts — Term — Renewal.

    1. The loan amounts under this subchapter shall be the lesser of:
      1. Five thousand dollars ($5,000) per academic year; or
      2. The total cost of attendance for an academic year at the institution of higher education in which the individual is enrolled less any other scholarships or grants received by the individual for that academic year.
    2. The total amount of loans awarded to an individual under this subchapter shall not exceed ten thousand dollars ($10,000).
  1. A loan made to an individual under this subchapter shall be:
    1. For one (1) academic year; and
    2. Renewable annually until the individual graduates from the institution of higher education and receives a degree, if the individual:
      1. Continues to meet the eligibility requirements under § 6-81-1702; and
      2. Meets the satisfactory academic progress standards required to receive other financial aid at the institution of higher education where the individual is enrolled, as determined by the Division of Higher Education in conjunction with the institution of higher education.

History. Acts 2017, No. 709, § 1; 2019, No. 910, § 2063.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (b)(2)(B).

6-81-1704. Loan contract — Forgiveness.

  1. An individual who receives a loan under this subchapter shall execute a written loan contract with the Division of Higher Education for the repayment of the loan as provided in this subchapter.
  2. A loan contract executed under subsection (a) of this section shall provide that the total amount of the loans awarded to the individual under this subchapter, plus accrued interest, shall be forgiven at the rate of twenty percent (20%) per year for each year that the individual teaches in a school or school district located in a geographic area identified by the Division of Elementary and Secondary Education under § 6-15-403 [repealed] as a critical teacher shortage area.

History. Acts 2017, No. 709, § 1; 2019, No. 910, § 2064.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a); and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b).

6-81-1705. Repayment — Deferment.

  1. An individual who receives a loan under this subchapter shall immediately begin repayment of each loan the individual received, together with interest as determined by the Division of Higher Education, if the individual:
    1. Ceases to be enrolled in good standing at an institution of higher education in this state, unless the individual has graduated and received a degree;
    2. Does not obtain licensure as a teacher from the State Board of Education within one (1) year of graduating and receiving a degree;
    3. Does not begin work as a licensed teacher in the academic year immediately following becoming licensed;
    4. Does not teach in a school or school district located in a geographic area identified by the Division of Elementary and Secondary Education under § 6-15-403 [repealed] as a critical teacher shortage area in the individual's first year as a licensed teacher; or
      1. Does not teach in a school or school district located in a geographic area identified by the Division of Elementary and Secondary Education under § 6-15-403 [repealed] as a critical teacher shortage area for five (5) consecutive years beginning immediately upon obtaining licensure.
      2. The total amount of the loans awarded to an individual that are subject to repayment under subdivision (a)(5)(A) of this section shall be reduced on a pro rata basis as required under § 6-81-1704(b).
    1. The Division of Higher Education may defer the requirements under subdivisions (a)(3)-(5) of this section if the Division of Higher Education, in consultation with the Division of Elementary and Secondary Education, determines that there was no employment position available that would reasonably enable the individual to meet the requirements.
    2. After the period of deferral, the individual shall begin or resume teaching in a school or school district located in a geographic area identified by the Division of Elementary and Secondary Education under § 6-15-403 [repealed] as a critical teacher shortage area or become subject to repayment under subsection (a) of this section.

History. Acts 2017, No. 709, § 1; 2019, No. 910, § 2065.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” and “Division of Elementary and Secondary Education” for “Department of Education” throughout the section.

6-81-1706. Rules.

The Division of Higher Education shall promulgate rules to implement this subchapter.

History. Acts 2017, No. 709, § 1; 2019, No. 910, § 2066.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education”.

Subchapter 18 — Osteopathic Rural Medical Practice Student Loan and Scholarship Program

Effective Dates. Acts 2019, No. 857, § 2: July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that, in order to carry out the requirements of this act for the next fiscal year, it is necessary that this act become effective in time for purposes of budgeting. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-81-1801. Creation.

There is established within the Division of Higher Education the Osteopathic Rural Medical Practice Student Loan and Scholarship Program to be administered by the Osteopathic Rural Medical Practice Student Loan and Scholarship Board.

History. Acts 2019, No. 857, § 1.

6-81-1802. Definitions.

As used in this subchapter:

  1. “Medically underserved” means an area in Arkansas that the Osteopathic Rural Medical Practice Student Loan and Scholarship Board determines has unmet needs for medical services due to factors, including without limitation:
    1. The ratio of primary care physicians to population;
    2. The infant mortality rate;
    3. The percentage of:
      1. Population with incomes below the federal poverty level, as it existed on January 1, 2019;
      2. Resident individuals sixty (60) years of age and older; and
      3. Physicians sixty (60) years of age and older;
    4. Accessibility within the area to primary care medicine; and
    5. Other relevant criteria the board may deem necessary for a determination of unmet needs for medical services;
  2. “Primary care medicine” means health care provided in one (1) of the following areas of practice:
    1. Family medicine;
    2. General internal medicine;
    3. General internal medicine and pediatrics;
    4. General pediatrics;
    5. General obstetrics and gynecology;
    6. General surgery;
    7. Emergency medicine; and
    8. Geriatrics; and
  3. “Qualified rural community” means an area:
    1. With a population below twenty thousand (20,000) according to the most recent federal census;
    2. That is at least twenty (20) miles from a city or town with a population of more than twenty thousand (20,000) according to the most recent federal census; and
    3. That is reasonably determined by the board to be medically underserved.

History. Acts 2019, No. 857, § 1.

6-81-1803. Osteopathic Rural Medical Practice Student Loan and Scholarship Board.

    1. There is established the Osteopathic Rural Medical Practice Student Loan and Scholarship Board composed of:
      1. One (1) representative of each medical school in Arkansas that is not the University of Arkansas for Medical Sciences;
      2. One (1) representative of the Arkansas Osteopathic Medical Association, who shall serve as vice chair;
      3. Two (2) physician members appointed by the Arkansas Osteopathic Medical Association, giving preference to physicians who have received osteopathic rural medical practice loans, community match loans, or income incentives; and
      4. Two (2) representatives appointed by the Arkansas Hospital Association, Inc.
    2. Members of the board shall:
      1. Serve a term of three (3) years; and
      2. Not serve more than two (2) consecutive terms.
    3. Except as provided under subsection (c) of this section, members of the board shall serve without compensation.
    4. Vacancies shall be filled in a similar manner as provided under subdivisions (a)(1) and (2) of this section.
  1. The board shall:
    1. Promulgate reasonable rules necessary to execute the provisions of this subchapter, including without limitation rules addressing the requirements and in conformance with the requirements of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and other appropriate state laws in promulgating and placing rules into effect:
      1. For a health professions shortage area;
      2. To become a qualified rural community eligible to participate in the Osteopathic Rural Medical Practice Student Loan and Scholarship Program under this subchapter; and
      3. For a procedure to resolve disputes arising out of or relating to a rural practice or community match loan or income incentive contract;
    2. Prescribe forms for and regulate the submission of loan applications;
    3. Determine eligibility of applicants;
    4. Allow or disallow loan or income incentive applications;
    5. Contract, increase, decrease, terminate, and otherwise regulate all loan and income incentive disbursements for these purposes, receipts for their repayment, and convert loans to scholarships or grants, as applicable;
    6. Manage, operate, and control all funds and property appropriated or otherwise contributed for this purpose;
    7. Accept gifts, grants, bequests, or devises and apply them as a part of the Osteopathic Rural Medical Practice Student Loan and Scholarship Program;
    8. Sue and be sued as the board; and
    9. Accept moneys from federal programs that may be used for furtherance of the purposes of this subchapter.
  2. The members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.
  3. The board shall administer the Osteopathic Rural Medical Practice Student Loan and Scholarship Program and the Community Match Rural Physician Recruitment Program.

History. Acts 2019, No. 857, § 1.

6-81-1804. Loan applications — Medical students and medical school graduates.

  1. An individual may apply for a loan under this subchapter on forms prescribed by the Osteopathic Rural Medical Practice Student Loan and Scholarship Board if the individual is:
    1. Accepted for admission to or enrolled in good standing in a medical school in Arkansas in studies that lead to the degree of Doctor of Osteopathic Medicine; and
    2. A bona fide resident of Arkansas.
  2. A graduate of an accredited osteopathic medical school in the United States may apply for the community match income incentive program under this subchapter on forms prescribed by the board so long as the applicant satisfies the criteria set forth in § 6-81-1814.

History. Acts 2019, No. 857, § 1.

6-81-1805. Medical students — Investigation after application.

When an osteopathic rural medical practice loan application is filed with the Osteopathic Rural Medical Practice Student Loan and Scholarship Board, the board shall examine the application, investigate the ability, character, and qualifications of the applicant, and investigate the financial standing of the applicant or his or her parents to determine whether the applicant is in need of a loan to advance his or her medical education.

History. Acts 2019, No. 857, § 1.

6-81-1806. Medical students — Purpose of loan.

Osteopathic rural medical practice loans provided for in this subchapter shall be made for the sole purpose of paying the applicant's tuition, maintenance, and educational expenses and the necessary living expenses of his or her dependents while the applicant is enrolled in a program of medical education as described in this subchapter.

History. Acts 2019, No. 857, § 1.

6-81-1807. Medical students — Eligibility for initial and renewal loans.

  1. The Osteopathic Rural Medical Practice Student Loan and Scholarship Board may make osteopathic rural medical practice loans to the applicant, each osteopathic rural medical practice loan being expressly made subject to the provisions of § 6-81-1809(c) and § 6-81-1810, if the board finds that:
    1. The applicant is a bona fide resident of Arkansas;
    2. The applicant has been accepted for admission to or is enrolled in good standing in studies that lead to the degree of Doctor of Osteopathic Medicine;
    3. The applicant is enrolled in a medically underserved and rural practice curriculum;
    4. The applicant needs financial assistance to complete his or her medical studies;
    5. The applicant desires to practice medicine in an eligible qualified rural community; and
    6. The applicant is a person of good moral character and one who has the talent and capacity to profit by medical studies.
  2. Subject to the availability of funds, an initial osteopathic rural medical practice loan for one (1) academic year shall be renewable annually for the number of years required to complete studies leading to the Doctor of Osteopathic Medicine degree or for additional amounts, not to exceed the maximum amounts specified in § 6-81-1808, but all subsequent osteopathic rural medical practice loans shall be granted only upon application by the recipient and a finding by the board that:
    1. The applicant has completed successfully the medical studies of the preceding academic year and remains in good standing as an enrolled student in the college;
    2. The applicant is enrolled or participating in a medically underserved and rural practice curriculum;
    3. The applicant continues to be a resident of Arkansas; and
    4. The applicant's financial situation continues to warrant financial assistance made under the conditions of this section.

History. Acts 2019, No. 857, § 1.

6-81-1808. Maximum amount of loans.

  1. The maximum amount of each osteopathic rural medical practice loan for osteopathic medical students shall not exceed sixteen thousand five hundred dollars ($16,500) per academic year or those costs that are reasonable and necessary for the student's attendance as determined by the Osteopathic Rural Medical Practice Student Loan and Scholarship Board.
    1. The maximum amount of each community match income incentive shall not exceed eighty thousand dollars ($80,000) or as the board otherwise shall determine payable under § 6-81-1816.
    2. The board shall provide fifty percent (50%) of the community match income incentive, and the qualified rural community shall provide the other fifty percent (50%) of the income incentive.
    3. However, if the board does not have sufficient funds to match the community's portion of the income incentive, nothing precludes a qualified rural community from providing the total income incentive amount.

History. Acts 2019, No. 857, § 1.

6-81-1809. Loan contracts — Osteopathic rural medical practice loans — Obligations and conditions.

  1. The Osteopathic Rural Medical Practice Student Loan and Scholarship Board shall enter into a loan contract with the applicant to whom an osteopathic rural medical practice loan is made.
  2. The contract shall be approved by the Attorney General and shall be signed by the Chair of the Osteopathic Rural Medical Practice Student Loan and Scholarship Board, countersigned by the Secretary of the Osteopathic Rural Medical Practice Student Loan and Scholarship Board, and signed by the applicant.
  3. Each applicant to whom an osteopathic rural medical practice loan or loans are granted by the board shall execute a written loan contract that incorporates the following obligations and conditions:
      1. The recipient of an osteopathic rural medical practice loan or loans shall bindingly contract that he or she shall practice primary care medicine full time in a qualified rural community upon completion of:
        1. His or her medical internship of one (1) year undertaken immediately following the earning of the degree of Doctor of Osteopathic Medicine;
        2. Four (4) additional years of medical training beyond the internship if the training has been approved in advance by the board and includes practice experience in a rural community; or
        3. At the request of the recipient of an osteopathic rural medical practice loan, the board may approve the recipient's request to practice in more than one (1) qualified rural community to meet his or her obligation to practice full time if the board determines, based upon guidelines established by the board, that the physician need in the rural communities cannot sustain a full-time medical practice or that other compelling circumstances exist.
      2. The recipient of an osteopathic rural medical practice loan or loans shall bindingly contract that for each year's loan he or she shall practice medicine in accordance with subdivision (c)(1)(A) of this section for a whole year.
      3. For each continuous whole year of medical practice, in accordance with subdivision (c)(1)(A) of this section, subject to reasonable leave periods, including without limitation vacation, sick leave, continuing medical education, jury duty, funerals, holidays, or military service, the board shall cancel, by converting to a scholarship grant, the full amount of one (1) year's loan plus accrued interest;
      1. The recipient of an osteopathic rural medical practice loan or loans shall bindingly contract that not engaging in the practice of medicine in accordance with the loan contract and with this subchapter may result in suspension of his or her license to practice medicine in this state.
      2. The recipient's medical license may not be suspended unless the recipient's contract contained a specific term that loss of license was a consequence of breach and the recipient signed a written acknowledgment of understanding that the suspension of license was explained to him or her orally as a potential consequence of breach of the contractual provisions.
      3. The suspension may be for a period of years equivalent to the number of years that the recipient is obligated to practice medicine in a rural area but has not so practiced and until the loan with interest together with any civil money penalties, as reduced by each full year of medical practice according to the terms of the loan contract, is paid in full;
    1. Any communication from a medical school in Arkansas that is not the University of Arkansas for Medical Sciences with any state medical licensing board shall include a notation that the recipient of an osteopathic rural medical practice loan has a contract with the State of Arkansas to practice medicine in a rural community and that breach of that contract may result in suspension of the recipient's Arkansas medical license;
      1. In the event that any osteopathic rural medical practice loan recipient under this subchapter does not engage in the practice of medicine in accordance with the terms of this section and of his or her loan contract in order to have the loan contract recognized as a scholarship, the recipient shall remain obligated to repay the loan or loans received, together with interest at the maximum rate allowed by Arkansas law or the federal discount rate plus five percent (5%) per annum, whichever is the lesser, the interest to accrue from the date each payment of funds was received by the recipient.
      2. Neither interest nor the obligation to repay the principal sums accrued shall accrue during any one (1) period of time that the recipient involuntarily serves on active duty in the United States Armed Forces.
      3. Repayment of principal with interest shall be due and payable in full at the earliest to occur of the following events:
        1. Failure to remain enrolled in a medically underserved and rural practice curriculum;
        2. Failure to remain in enrollment status continuously to completion of the degree of Doctor of Osteopathic Medicine for any reason other than temporary personal illness;
        3. Failure to complete the internship;
          1. Failure to engage in the full-time practice of medicine while residing in a qualified rural community in Arkansas as defined in § 6-81-1802.
          2. However, the board may waive the residency requirement on a case-by-case basis; and
        4. Failure to establish a practice as described under subdivision (c)(4)(C)(iv)(a) of this section within six (6) months following either internship or four (4) additional years of medical education that includes practice experience in a rural community.
      4. In the event of the death of the recipient, the entire loan amount that has not been converted to a scholarship grant pursuant to the terms of the loan contract shall be due and payable;
    2. If an alternate on the waiting list for acceptance to an osteopathic medical school in Arkansas enters into an osteopathic rural medical practice program contract conditioned only upon the applicant's being accepted for admission to the college and otherwise meets the requirements of § 6-81-1807 and if the applicant is moved to the top of the waiting list under § 6-81-1815, the alternate's contract shall contain an additional term that breach of the contract may result in civil money penalties in the amount of one hundred percent (100%) of the loan amount; and
    3. This subsection shall not prohibit the board from considering and entering into a negotiated settlement with the osteopathic rural medical practice loan recipient involving the license suspension, the amount of the civil money penalty, and the terms of repayment of the loan.
  4. The board may amend agreements entered into with any loan recipient at any time prior to full performance of the recipient's contractual obligations.
    1. An osteopathic rural medical practice loan recipient may apply to an osteopathic medical school in Arkansas for a waiver of the contractual provisions set forth in subdivision (c)(2) of this section.
      1. If the osteopathic medical school in Arkansas determines that exigent circumstances warrant a waiver, the loan recipient shall be notified in writing.
      2. The osteopathic medical school in Arkansas shall immediately notify the Arkansas State Medical Board of such determination.

History. Acts 2019, No. 857, § 1.

6-81-1810. Funding of loans.

    1. All payments for osteopathic rural practice loans and community match loans under this subchapter shall be made on requisitions signed by the Chair of the Osteopathic Rural Medical Practice Student Loan and Scholarship Board drawn against the funds held for the purpose of this subchapter.
    2. These funds, consisting of state appropriations so designated, revolving amounts received from repayment of loans and interest, and all funds and property and income received by the board under its authority to accept and apply gifts, bequests, and devises shall be held in trust and disbursed by the fiscal officers of a medical school in Arkansas that is not the University of Arkansas for Medical Sciences for the aforesaid purposes.
  1. Funds collected as a result of a recipient's breach of an osteopathic rural practice loan contract or community match loan contract shall be:
    1. Held in trust for the use of the Osteopathic Rural Medical Practice Student Loan and Scholarship Program and the Community Match Rural Physician Recruitment Program, or as otherwise deemed appropriate by the board in its discretion; and
    2. Disbursed by the fiscal officer of an osteopathic medical school in Arkansas under this subchapter.

History. Acts 2019, No. 857, § 1.

6-81-1811. Annual report.

  1. The Osteopathic Rural Medical Practice Student Loan and Scholarship Board shall make an annual report to the Governor concerning the activities of the board and shall file a copy of its report with the Legislative Council.
    1. The report under subsection (a) of this section shall include:
      1. The names of the recipients of the loans;
      2. The amount of each loan;
      3. An accounting of the funds granted, on hand, and expended for necessary expenses;
      4. The total amount of funds received during the year from gifts, federal grants, bequests, and devises; and
      5. The amount of loans which, during the year, become scholarships through compliance with the conditions of the loan contracts.
    2. This report shall include the names and addresses, and amount of loans to each person, of those recipients who are in default of repayment obligations.

History. Acts 2019, No. 857, § 1.

6-81-1812. Dispute resolution — Determination of breach.

  1. Any applicant for a loan or income incentive issued by the Osteopathic Rural Medical Practice Student Loan and Scholarship Board, any person who has been granted a loan or has been granted income incentives by the board, or any party to an osteopathic rural medical practice or community match loan or income incentive may appeal any decision or action by the board relating to the application for a loan or income incentive or relating to a loan or income incentive granted by the board under the dispute resolution procedure established under this subchapter.
    1. The board, under § 6-81-1803(b)(1), shall promulgate rules establishing a procedure that may be used by a loan or income incentive recipient, the board, or a qualified rural community to resolve any dispute arising out of or relating to an osteopathic rural medical practice or community match loan or income incentive contract, including the validity or interpretation of a contract term, contract enforcement or defenses, the occurrence of an event of default or breach, loan repayment, the assessment or imposition of contract damages or civil money penalties, or other related disputes.
    2. The rules may provide for alternative dispute resolution, such as mediation, as appropriate.
    3. The dispute resolution procedure established by the board shall be followed before the initiation of any litigation related to an osteopathic rural medical practice or community match loan or income incentive contract.
  2. This subchapter does not prohibit informal disposition by stipulation, settlement, or consent.

History. Acts 2019, No. 857, § 1.

6-81-1813. Medical school graduates — Community match contract — Eligibility.

    1. The Osteopathic Rural Medical Practice Student Loan and Scholarship Board shall administer the Community Match Rural Physician Recruitment Program.
      1. Interested rural communities may apply to the Osteopathic Rural Medical Practice Student Loan and Scholarship Board to participate in the program as a qualified rural community.
      2. The Osteopathic Rural Medical Practice Student Loan and Scholarship Board shall approve a designated representative or representatives of the qualified rural community to assist the Osteopathic Rural Medical Practice Student Loan and Scholarship Board in matters relating to any community match contracts entered into by the Osteopathic Rural Medical Practice Student Loan and Scholarship Board and the qualified rural community.
  1. The Osteopathic Rural Medical Practice Student Loan and Scholarship Board, in conjunction with a qualified rural community, may grant community match income incentives to applicants, each incentive being expressly made subject to § 6-81-1814, if it finds that:
    1. The applicant is a graduate of:
      1. An accredited osteopathic medical school in the United States; or
      2. A foreign medical school if the applicant:
        1. Was a resident of Arkansas and citizen of the United States prior to enrollment in the foreign medical school; and
        2. Has been licensed by the Arkansas State Medical Board;
    2. The applicant satisfies one (1) of the following criteria:
      1. He or she is enrolled in a residency or other training program in an area of primary care medicine; or
      2. No more than two (2) years before the date of the application, he or she completed a residency or other training program in an area of primary care medicine;
    3. The applicant desires to practice medicine in the qualified rural community; and
    4. The designated representative or representatives of the qualified rural community approve the applicant.

History. Acts 2019, No. 857, § 1.

6-81-1814. Medical school graduates — Community match contract — Obligations and conditions.

    1. The Osteopathic Rural Medical Practice Student Loan and Scholarship Board and the qualified rural community shall enter a joint community match income incentive contract with the applicant.
    2. The form of the community match income incentive contract shall be approved by the Attorney General and shall be signed by the Chair of the Osteopathic Rural Medical Practice Student Loan and Scholarship Board, the Secretary of the Osteopathic Rural Medical Practice Student Loan and Scholarship Board, the designated representative or representatives of the qualified rural community, and the applicant.
  1. Each applicant to whom a community match income incentive is granted by the board shall execute a written contract that shall incorporate the following obligations and conditions:
      1. The recipient of a community match income incentive shall bindingly contract that he or she shall practice primary care medicine full time in the contracting qualified rural community for a period of four (4) years.
        1. The recipient shall receive the community match income incentive funds according to a disbursement schedule acceptable to the board, the qualified rural community, and the recipient as set forth in writing in the community match contract.
        2. For each three-month period of full-time medical practice by the recipient, according to the terms of the community match contract, the board and the qualified rural community shall award one-fourth (¼) of the income incentive for the year of service;
      1. If any recipient does not begin or ceases the full-time practice of medicine in breach of the community match income incentive contract or otherwise breaches the community match income incentive contract, the recipient shall pay twenty thousand dollars ($20,000) for each uncompleted full year of the four-year contract term, and any civil money penalties that apply.
      2. The board may impose civil money penalties of up to fifty percent (50%) of the principal amount of the income incentive under the terms of the community match income incentive contract as a consequence of breach; and
    1. Neither interest nor the obligation to repay the principal sums accrued shall accrue during any one (1) period of time that the recipient involuntarily serves on active duty in the United States Armed Forces.
  2. Subsection (b) of this section does not prohibit the board from considering and entering into a negotiated settlement with the income incentive recipient involving the terms of repayment of amounts paid under the terms of the community match income incentive contract.
  3. Community match income incentive contracts may be amended at any time before the income incentive has been paid in full or terms and conditions of the contract are satisfied.
  4. The board shall promulgate rules setting forth additional terms and conditions of community match income incentive contracts.

History. Acts 2019, No. 857, § 1.

6-81-1815. Medical school alternates — Rural medical practice loans.

  1. If an alternate on the waiting list for acceptance to an osteopathic medical school in Arkansas demonstrates a willingness to enter into an osteopathic rural medical practice loan contract and meets the requirements of § 6-81-1807, the applicant shall be moved to the top of the waiting list upon entering into an osteopathic rural medical practice student loan contract.
  2. The priority on the waiting list for an alternate who enters into an osteopathic rural medical practice student loan contract shall be determined by the date and time such an alternate enters into the rural medical practice student loan contract.

History. Acts 2019, No. 857, § 1.

6-81-1816. Tracking loan contract compliance.

An osteopathic medical school in Arkansas shall:

  1. Track graduates who were recipients of osteopathic rural medical practice loans under this subchapter for the length of their contractual obligations; and
  2. Report to the Legislative Council by October 1 of each even-numbered year regarding the compliance of those graduates with the terms of their contracts.

History. Acts 2019, No. 857, § 1.

6-81-1817. Osteopathic Rural Medical Practice Student Loan and Scholarship Program Administrator.

  1. There is established an Osteopathic Rural Medical Practice Student Loan and Scholarship Program Administrator.
  2. The administrator shall:
    1. Be employed by the Division of Higher Education;
    2. Serve as liaison between osteopathic rural medical practice student loan recipients and rural communities by:
      1. Working with the communities to identify their unique needs, to develop profiles of their ideal candidates, and to prepare for recruitment visits; and
      2. Assisting medical students and residents to identify medically underserved and other rural communities that suit their personal and medical practice needs and to meet their contractual obligations;
    3. Collect and monitor program data, including demographic data of participants and communities, service completion rates, retention rates beyond service completion, satisfaction of obligated physicians and communities, and other information;
    4. Prepare annual program evaluations and present the evaluations to the Osteopathic Rural Medical Practice Student Loan and Scholarship Board;
    5. Assist with preparation and submission of program reports;
    6. Attend board meetings in a nonvoting capacity; and
    7. Perform other functions assigned by the board.

History. Acts 2019, No. 857, § 1.

Chapter 82 Scholarships

Research References

Am. Jur. 15A Am. Jur. 2d, Colleges & U., § 20.

C.J.S. 14A C.J.S., Colleges & U., § 33.

Subchapter 1 — General Provisions

Effective Dates. Acts 1997, No. 112, § 40: Feb. 7, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 10 of the First Extraordinary Session of 1995 abolished the Joint Interim Committee on Education and in its place established the House Interim Committee and Senate Interim Committee on Education; that various sections of the Arkansas Code refer to the Joint Interim Committee on Education and should be corrected to refer to the House and Senate Interim Committees on Education; that this act so provides; and that this act should go into effect immediately in order to make the laws compatible as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1211, § 40: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1997 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1997.”

Acts 2007, No. 1046, § 3: Apr. 4, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that new scholarships under the Arkansas Governor's scholarship program need to be awarded to students graduating in May of 2007; that the Department of Higher Education needs sufficient time to solicit and receive scholarship applications; and that this act is immediately necessary to ensure the proper administration of the scholarship program. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-82-101. [Repealed.]

Publisher's Notes. This section, concerning scholarships for students of Quapaw descent, was repealed by Acts 2001, No. 1692, § 6. The section was derived from Acts 1975, No. 553, § 1; A.S.A. 1947, § 80-2893.

6-82-102. Annual review of minority scholarship or grant program.

  1. The Arkansas Higher Education Coordinating Board shall review annually all minority scholarship or grant programs administered by the Division of Higher Education in order to ensure that the programs are in compliance with federal regulations.
  2. The board of trustees of each publicly supported institution of higher education shall review annually all minority scholarship or grant programs administered by the institution in order to ensure that the programs are in compliance with federal regulations.

History. Acts 1993, No. 301, §§ 1, 2; No. 330, §§ 1, 2; 1995, No. 1296, § 36; 1997, No. 112, § 24; 1999, No. 478, § 9; 2019, No. 910, § 2067.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a).

6-82-103. Out-of-state tuition.

  1. The board of trustees of any institution of higher education may waive the out-of-state portion of any full tuition scholarship for any full-time student which is provided by unrestricted funds of the institution.
  2. The part that is waived shall not be considered as an expenditure by any rule of the Arkansas Higher Education Coordinating Board.

History. Acts 1997, No. 342, § 41; 1997, No. 1211, § 30; 2019, No. 315, § 399.

A.C.R.C. Notes. The State Board of Higher Education was abolished and transferred to the Arkansas Higher Education Coordinating Board by Acts 1997, No. 1114, § 1.

Amendments. The 2019 amendment substituted “rule” for “regulation” in (b).

6-82-104. [Repealed.]

Publisher's Notes. This section, concerning annual report, was repealed by Acts 2007, No. 1573, § 63. The section was derived from Acts 2001, No. 1520, § 1.

6-82-105. Administration — Authority of Division of Higher Education.

The Division of Higher Education shall administer all state college financial assistance programs provided by legislation or by law and in so doing shall have the following authority and responsibility with respect to state college financial assistance programs provided by legislation or by law to:

  1. Adopt such rules as the division shall deem necessary or appropriate to carry out the purposes of this subchapter;
  2. Establish and consult, as necessary, an advisory committee representing the private and public sectors of postsecondary education in determining guidelines and rules for administration of the student financial aid programs, including, but not limited to, rules determining academic ability, financial need, and residency;
  3. Prepare application forms, parents' confidential financial statement forms, or any other forms as necessary to properly administer and carry out the purposes of this subchapter and to furnish the forms to persons desiring to make application for state financial aid;
  4. Consider all applications for state scholarships;
  5. Determine a termination date for the acceptance of applications;
  6. Require applicants to file additional information with the division as necessary and appropriate to carry out the purposes of this subchapter and to prevent fraud, misrepresentation, or misleading representation by applicants;
  7. Determine the necessary procedures for the awarding of grants should the number of eligible applicants exceed funds available;
  8. Disburse scholarship grants to qualified students through eligible postsecondary institutions;
  9. Approve or determine the eligibility of any state-supported institution of higher education to participate in or receive disbursements of financial aid on behalf of students awarded any state financial assistance provided by legislation or by law;
  10. Cooperate with and receive the cooperation of the approved private and public institutions of postsecondary education in the state and their governing bodies in the administration of the scholarship program;
  11. Employ or engage such professional, administrative, clerical, and other employees as may be necessary to assist the division in the performance of its duties and responsibilities; and
  12. Provide fair and equitable treatment to all approved institutions and students.

History. Acts 2005, No. 2142, § 2; 2019, No. 315, § 400; 2019, No. 910, §§ 2068-2071.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in (2).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in the introductory language; and substituted “division” for “department” throughout the section.

6-82-106. Scholarship awards.

  1. The Division of Higher Education is authorized to award scholarships to students who are accepted to a Washington, D.C. public policy academic internship, as determined by the division, if funding is appropriated and available.
  2. The division may promulgate rules to administer this section.

History. Acts 2007, No. 1046, § 2; 2019, No. 910, § 2072.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a); and substituted “division” for “department” in (a) and (b).

6-82-107. Criminal history not a disqualifier.

A criminal conviction shall not be used as a basis to disqualify a person from eligibility for a scholarship, grant, loan forgiveness program, or other benefit subsidized by state funds under this chapter unless there is a specific statutory reason for denial that relates to the basis of assistance.

History. Acts 2011, No. 1151, § 1.

6-82-108. Academic Support Scholarship.

  1. The intent of this section is to provide academic support to offset the costs associated with the preparation for college and college readiness assessments to reduce college remediation requirements and increase the number of college graduates in this state.
  2. There is established the Academic Support Scholarship to be administered by the Division of Higher Education, which shall cover the following costs without limitations:
    1. Tutoring;
    2. Assessment fees;
    3. Educational materials; and
    4. Technology fees.
  3. To apply for a scholarship under this section, a student shall:
    1. Complete an application created and reviewed by the division;
    2. Be in good standing with his or her school district;
    3. Be in the process of applying to a postsecondary institution of higher education;
    4. Have graduated high school with a minimum grade point average of 2.0 on a 4.0 scale; and
    5. Be eighteen (18) years of age or younger.
  4. A recipient of a scholarship under this section who meets the requirements under subsection (c) of this section is eligible for a scholarship award of two hundred fifty dollars ($250) for the academic year in which the recipient is enrolled in a postsecondary institution of higher education.
  5. A scholarship under this section shall be funded with any funds remaining after the Division of Higher Education allocates sufficient funding to award Arkansas Academic Challenge Scholarships under § 6-85-201 et seq., Arkansas Workforce Challenge Scholarships under § 6-85-301 et seq., and Arkansas Concurrent Challenge Scholarships under § 6-85-401 et seq.

History. Acts 2019, No. 1026, § 1.

Subchapter 2 — Student Assistance Grant Program

Cross References. Minor child of legal resident of Arkansas as legal resident for limited purposes, § 6-60-210.

Effective Dates. Acts 1977, No. 627, § 11: Mar. 22, 1977; Acts 1977, No. 659, § 11: Mar. 23, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need for the establishment of a scholarship program to encourage the young people of the state to continue their education after high school; that there are many deserving young people in the state who are not financially able to attend a college without some financial assistance, that this Act is designed to provide a scholarship program whereby grants may be awarded such deserving students to enable them to attend a college of their choice, and should be given effect immediately to accomplish this worthy purpose. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1979, No. 682, § 4: Apr. 2, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need for extending third year and fourth year students the opportunity to receive assistance through the State Scholarship program and to clarify certain administrative aspects of the program. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1979, No. 1048, § 4: Apr. 18, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need for extending third year and fourth year students the opportunity to receive assistance through the State Scholarship program and to clarify certain administrative aspects of the program. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1983 (Ex. Sess.), No. 50, § 3: July 1, 1984. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need for changing the maximum grant amount for students receiving assistance from the State Scholarship Program and to clarify certain administrative aspects of the program. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1984.”

Acts 1989, No. 965, § 3: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that the current proportion of Arkansas attending institutions of higher education is extremely low and well below the national average; that an urgent need exists to provide greater financial assistance to the Student Assistance Grant Program to help accommodate the projected increase in the percentage of high school students seeking to pursue post-secondary educational goals. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the immediate preservation of public peace, health, and safety, shall be in full force and effect July 1, 1989.”

6-82-201 — 6-82-213. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2142, § 1. The subchapter was derived from the following sources:

6-82-201. Acts 1977, No. 627, § 1; 1977, No. 659, § 1; A.S.A. 1947, § 80-5001.

6-82-202. Acts 1977, No. 627, § 2; 1977, No. 659, § 2; A.S.A. 1947, § 80-5002.

6-82-203. Acts 1977, No. 627, § 3; 1977, No. 659, § 3; A.S.A. 1947, § 80-5003.

6-82-204. Acts 1977, No. 627, § 7; 1977, No. 659, § 7; 1983 (1st Ex. Sess.), No. 50, § 2; A.S.A. 1947, § 80-5007.

6-82-205. Acts 1977, No. 627, §§ 4, 5; 1977, No. 659, §§ 4, 5; 1979, No. 682, § 1; 1979, No. 1048, § 1; A.S.A. 1947, §§ 80-5004, 80-5005.

6-82-206. Acts 1977, No. 627, § 6; 1977, No. 659, § 6; A.S.A. 1947, § 80-5006.

6-82-207. Acts 1977, No. 627, § 8; 1977, No. 659, § 8; 1979, No. 682, §§ 2, 3; 1979, No. 1048, §§ 2, 3; A.S.A. 1947, § 80-5008.

6-82-208. Acts 1977, No. 627, § 6; 1977, No. 659, § 6; 1983 (1st Ex. Sess.), No. 50, § 1; A.S.A. 1947, § 80-5006.

6-82-209. Acts 1977, No. 627, § 5; 1977, No. 659, § 5; A.S.A. 1947, § 80-5005.

6-82-210. Acts 1977, No. 627, § 5; 1977, No. 659, § 5; A.S.A. 1947, § 80-5005.

6-82-211. Acts 1977, No. 627, § 5; 1977, No. 659, § 5; A.S.A. 1947, § 80-5005.

6-82-212. Acts 1977, No. 627, § 5; 1977, No. 659, § 5; A.S.A. 1947, § 80-5005.

6-82-213. Acts 1989, No. 965, § 1.

Subchapter 3 — Arkansas Governor's Scholars Program

Effective Dates. Acts 1985, No. 176, § 3: Jan. 1, 1985. Emergency clause provided: “It is hereby determined by the General Assembly that there is an urgent need for clarification of the definition “eligible student” in the Governor's Scholars Program. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after January 1, 1985.”

Acts 1989, No. 951, § 4: July 1, 1989. Emergency clause provided: “It is hereby determined by the General Assembly that there currently exists a deficiency in both the number and size of the Governor's Scholarships offered as an incentive to promote post-secondary education in Arkansas. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of public peace, health, and safety shall be in full force and effect July 1, 1989.”

Acts 1997, No. 1269, § 6: Apr. 9, 1997. Emergency clause provided: “It is found and determined by the General Assembly that there are some students who qualify for a Governor's Scholarship and receive an undergraduate degree in three (3) years or less and that allowing these students to use the Governor's Scholarship for a fourth year in a postgraduate program would provide an incentive to other students to strive toward receiving a bachelors degree in less than four (4) years and that the immediate effectiveness of this act is essential to the efficient administration of the Governor's Scholarship Program. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1562, § 10: Apr. 15, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that in order to award scholarships based on the provisions of this act to students entering college during the 1999-2000 academic year, immediate implementation of this act is necessary. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 1761, § 9: Apr. 30, 2001. Emergency clause provided: “It is found and determined by the General Assembly that the state does not have the funds to support the Arkansas Governor's Scholars Program in its current form; and that applicants graduating after December 31, 2000, will experience uncertainty regarding eligibility for the Arkansas Governor's Scholars Program; and that many applicants may be delayed in beginning their post-secondary education unless changes in the scholarship program become effective in sufficient time to allow scholarship awards to be made to those students needing to make enrollment decisions for the 2001-2002 academic year. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on April 30, 2001.”

Acts 2005, No. 1241, § 2: Mar. 24, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that new scholarships under the Arkansas Governor's scholarship program need to be awarded to students graduating in May of 2005; that the Department of Higher Education needs sufficient time to solicit and receive scholarship applications; and that this act is immediately necessary to ensure the proper administration of the scholarship program. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 1046, § 3: Apr. 4, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that new scholarships under the Arkansas Governor’s scholarship program need to be awarded to students graduating in May of 2007; that the Department of Higher Education needs sufficient time to solicit and receive scholarship applications; and that this act is immediately necessary to ensure the proper administration of the scholarship program. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1218, § 6: Apr. 7, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that new scholarships under the Arkansas Governor's Scholars Program need to be awarded to students graduating high school in May of 2009; that the Department of Higher Education needs sufficient time to solicit and receive scholarship applications; and that this act is necessary for the proper administration of the Arkansas Governor's Scholars Program. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 512, § 2: Mar. 26, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that some Arkansas graduates are at a disadvantage under the current weighting system for the Arkansas Governor's Scholars Program; that the Department of Higher Education shall ensure that the weighting system used by the department does not put home-schooled students at a disadvantage; and that this act is immediately necessary to ensure that the Arkansas Governor's Scholars Program awards granted for the 2013-2014 school year incorporate the revised weighting criteria developed by the department. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-82-301. Legislative determinations.

The General Assembly recognizes that outstanding students are an essential ingredient for the economic and social benefit of the State of Arkansas. Benefits accrue to the state when a majority of National Merit Scholars, National Achievement Scholars, and superior students attend Arkansas institutions of higher learning and remain in the state.

History. Acts 1983 (1st Ex. Sess.), No. 59, § 1; A.S.A. 1947, § 80-5901; Acts 2001, No. 1761, § 1.

6-82-302. Definitions.

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

  1. “Academic ability” means the intellectual standing of a student. In determining superior academic ability, the Division of Higher Education shall examine the student's high school records, competitive examination scores, and demonstrated leadership capabilities;
  2. “Approved institution” means a public or private college or university:
    1. Which is dedicated to educational purposes, located in Arkansas, or located out of state and educating Arkansas residents in dentistry, optometry, veterinary medicine, podiatry, chiropractic, or osteopathy under agreement with the Southern Regional Education Board, accredited by an accrediting agency certified and recognized by the United States Department of Education or the Division of Agency Evaluation and Institutional Accreditation, or a school giving satisfactory assurance that it has the potential for accreditation and is making progress which, if continued, will result in its achieving accreditation;
    2. Which does not discriminate in the admission of students on the basis of race, color, religion, sex, or national origin; and
    3. Which subscribes to the principle of academic freedom;
  3. “Competitive examination” means a standardized examination measuring achievement which is administered annually on a specified date and at a specified location and which is announced publicly;
  4. [Repealed.]
  5. “Eligible student” means a resident of the State of Arkansas as defined by the Division of Higher Education who:
    1. Is eligible for admission as a full-time student;
    2. Declares an intent to matriculate in an approved institution in Arkansas; and
    3. Graduates from:
      1. A high school in this state, for Arkansas Governor's Scholars; or
      2. A high school, for Arkansas Governor's Distinguished Scholars;
    1. “Extraordinary academic ability” means:
      1. Achievement of a score of 32 or above on the ACT or 1410 or above on the SAT; and
        1. For students graduating from high school after December 31, 2001, achievement of a high school grade point average of 3.5 or above on a 4.0 scale; or
        2. Selection as a finalist in either the National Merit Scholarship competition, the National Hispanic Recognition Program, or the National Achievement Scholarship competition conducted by the National Merit Scholarship Corporation.
    2. For students graduating after December 31, 2001, the ACT scores and SAT scores shall be earned by December 31 prior to the application deadline in order for the scores to be considered by the Division of Higher Education for a scholarship award;
  6. “Full-time student” means a resident of Arkansas who is in attendance at an approved private or public institution and who is enrolled in at least twelve (12) credit hours the first semester and fifteen (15) hours thereafter, or other reasonable academic equivalent as defined by the Division of Higher Education;
  7. “Scholarship” means an award to an eligible student for matriculation in an approved institution in the State of Arkansas; and
  8. “Undergraduate student” means an individual who is enrolled in a postsecondary educational program which leads to or is directly creditable toward the individual's first baccalaureate degree.

History. Acts 1983 (1st Ex. Sess.), No. 59, § 3; 1985, No. 176, § 1; A.S.A. 1947, § 80-5903; Acts 1997, No. 489, § 1; 1997, No. 1269, § 2; 2001, No. 1761, § 2; 2009, No. 1218, § 1; 2013, No. 416, § 1; 2019, No. 910, §§ 2073-2077.

A.C.R.C. Notes. The Board of Control for Southern Regional Education referred to in this section also uses the name “Southern Regional Education Board”.

Amendments. The 2009 amendment inserted (5)(C), subdivided and redesignated the existing text of (5), and made related changes.

The 2013 amendment inserted “the National Hispanic Recognition Program” in (6)(A)(ii)(b).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (1) and the introductory language of (5); repealed (4); and substituted “Division of Higher Education” for “department” in (6)(B) and (7).

6-82-303. Establishment.

A scholarship program to promote academic excellence and to encourage the state's most talented graduates to enroll in Arkansas postsecondary educational institutions is created and established which shall be cited as the Arkansas Governor's Scholars Program.

History. Acts 1983 (1st Ex. Sess.), No. 59, §§ 1, 2; A.S.A. 1947, §§ 80-5901, 80-5902.

6-82-304. Administration — Authority of division.

The Division of Higher Education shall administer the Arkansas Governor's Scholars Program and shall have the following authority and responsibility with respect to the program to:

  1. Prepare application forms or such other forms as the division shall deem necessary to properly administer and carry out the purposes of this subchapter;
  2. Establish and consult as necessary with an advisory committee representing the public and private sectors of postsecondary education and secondary schools in determining guidelines and rules for the administration of the program;
  3. Select recipients of scholarships awarded pursuant to the provisions of this subchapter;
  4. Establish the procedures for payment of scholarships to recipients;
  5. Set a termination date for the acceptance of applications;
  6. Review and evaluate the operation of the program with regard to eligibility criteria and size of the scholarship award to ensure that the program's operation meets the intent of this legislation;
  7. Determine the necessary procedures for the awarding of scholarships if the number of eligible applicants exceeds the available funds or available awards; and
  8. Approve a scholarship hold for a student for a period of twenty-four (24) months or less for the following reasons without limitation:
    1. A medical condition of the student or a member of the student's immediate family that, on the basis of a physician's good-faith judgment, necessitates that the student or the student's immediate family member be hospitalized or receive outpatient or home-based medical care or recuperate until released by the attending physician;
    2. A personal or family emergency that requires the student to:
      1. Attend the funeral of an immediate family member; or
      2. Visit a relative of the student if the relative has a medical condition in which death is possible or imminent;
    3. Military service under § 6-61-112; or
      1. A commitment of twelve (12) to twenty-four (24) months for service in a national or international humanitarian project sponsored by a nonprofit corporation organized with a charitable or educational purpose.
      2. The student's commitment shall be expressed in a written agreement with the nonprofit organization, including the terms of completion for the student's service on the related project.
      3. The division shall release a scholarship hold if the division determines that the student did not complete the commitment under the written agreement.

History. Acts 1983 (1st Ex. Sess.), No. 59, § 6; A.S.A. 1947, § 80-5906; Acts 2001, No. 1761, § 3; 2009, No. 1218, § 2; 2015, No. 21, § 1; 2019, No. 910, §§ 2078-2080.

Amendments. The 2009 amendment, in (7), substituted “exceeds the available funds or available awards” for “exceed the funds available,” and made a minor stylistic change.

The 2015 amendment added (8).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in the introductory language; and substituted “division” for “department” in (1) and twice in (8)(D)(iii).

6-82-305. Recipients known as Arkansas Governor's Scholars or Arkansas Governor's Distinguished Scholars.

  1. Students receiving scholarships shall be known as Arkansas Governor's Scholars.
  2. Arkansas Governor's Scholarship recipients who exhibit extraordinary academic ability shall be known as Arkansas Governor's Distinguished Scholars.

History. Acts 1983 (1st Ex. Sess.), No. 59, § 4; A.S.A. 1947, § 80-5904; Acts 1997, No. 489, § 2; 1999, No. 1562, § 1; 2001, No. 1761, § 4.

6-82-306. Eligibility.

  1. The Arkansas Governor's Scholars Program scholarships are to be awarded to those students who demonstrate the highest capabilities for successful college study.
  2. A student is eligible for this scholarship if he or she:
    1. Meets the admission requirements and is accepted for enrollment as a full-time undergraduate student in an eligible public or private college or university in Arkansas;
      1. Is a bona fide resident of the state, as defined by the Division of Higher Education.
      2. Preference will be given to students who plan to enter college at the beginning of the academic year directly following their last year of high school attendance;
    2. Is a citizen of the United States or a permanent resident alien;
    3. Graduates from a high school;
      1. Demonstrates proficiency in the application of knowledge and skills in reading and writing literacy and mathematics by passing the end-of-course examination as may be developed by the Division of Elementary and Secondary Education and as may be designated by the Division of Higher Education for this purpose.
      2. “End-of-course” assessment means those assessments defined in § 6-15-419 [repealed]; and
      1. Satisfies the qualifications of superior academic ability as established by the Division of Higher Education with criteria consisting of value points for academic achievement and leadership, including without limitation:
        1. ACT or SAT score, National Merit Finalist, or National Achievement Finalist;
        2. High school grade point average;
        3. Rank in high school class; and
        4. Leadership in school, community, and employment.
        1. The Division of Higher Education may alter the weight assigned to the individual criterion to more appropriately meet the needs of the state as determined by the Arkansas Higher Education Coordinating Board.
        2. The Division of Higher Education shall ensure that the weight assigned to each individual criterion under this subdivision (b)(6)(B) does not place a home-schooled, public school, or private school student at a disadvantage.
          1. After determining qualified recipients based on the qualifications under subdivision (b)(6)(A) of this section, the Division of Higher Education shall ensure that at least one (1) recipient is selected from each of the seventy-five (75) counties in Arkansas.
          2. If any of the seventy-five (75) counties is not represented, the Division of Higher Education shall select a student from each unrepresented county with the highest qualifications under subdivision (b)(6)(A) of this section who was not initially qualified.
          3. The scholarship shall be weighed on the factors of achievement, ability, and demonstrated leadership capabilities.
          4. Students who are selected as Arkansas Governor's Scholars who also exhibit extraordinary academic ability as defined in this subchapter shall be designated as Arkansas Governor's Distinguished Scholars.

History. Acts 1983 (1st Ex. Sess.), No. 59, § 5; 1985, No. 176, § 2; A.S.A. 1947, § 80-5905; Acts 1997, No. 489, § 3; 1999, No. 1562, § 2; 2001, No. 1761, § 5; 2009, No. 1218, § 3; 2013, No. 512, § 1; 2015, No. 850, §§ 1, 2; 2019, No. 910, §§ 2081-2084.

Amendments. The 2009 amendment subdivided (b)(2), inserted (b)(4) and redesignated the subsequent subdivisions accordingly, and made minor stylistic changes.

The 2013 amendment redesignated former (b)(6)(B) as (b)(6)(B)(i); and added (b)(6)(B)(ii).

The 2015 amendment rewrote (b)(4); and added (b)(6)(B)(iii).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” throughout the section; and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b)(5)(A).

6-82-307. Applicant's responsibilities.

Each applicant shall, in accordance with the provisions of this subchapter and the rules of the Division of Higher Education:

  1. Complete and file with the division the appropriate application for the Arkansas Governor's Scholars Program and such other information and data as may be requested by the division in determining the eligibility of the student;
  2. Furnish to the division information regarding any change in status of the student or any other information that might have a direct bearing on the eligibility of the applicant; and
  3. Provide the division with verification that the scholarship was used in accordance with the purposes of this subchapter.

History. Acts 1983 (1st Ex. Sess.), No. 59, § 7; A.S.A. 1947, § 80-5907; Acts 2019, No. 315, § 401; 2019, No. 910, § 2085.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the introductory language.

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in the introductory language; and substituted “division” for “department” throughout the section.

6-82-308. Number of scholarships.

  1. If sufficient funds are available, effective for students receiving their initial awards beginning in fall 2007, the number of initial scholarship awards to eligible high achievers shall not exceed three hundred seventy-five (375) each year.
    1. A report that demonstrates, based on economic projections and revenue forecasts, that sufficient funds are available to award scholarships to high achievers relative to the number of Arkansas Academic Challenge Scholarship recipients shall be submitted to the House Committee on Education, the Senate Committee on Education, and the Legislative Council for review prior to obligating the funds.
    2. Should a shortfall of funds be projected, the Division of Higher Education shall promulgate rules for the priority funding of these scholarships and submit these proposed rules to the Arkansas Higher Education Coordinating Board for a public hearing and to the Administrative Rules Subcommittee of the Legislative Council for review before implementing the rules.
    3. If there are more eligible applicants than available scholarships, the division may determine a procedure for awarding additional scholarships while not exceeding available funds.

History. Acts 1983 (1st Ex. Sess.), No. 59, § 4; A.S.A. 1947, § 80-5904; Acts 1989, No. 951, § 1; 1997, No. 489, § 4; 2001, No. 1761, § 6; 2005, No. 1241, § 1; 2007, No. 1046, § 1; 2009, No. 1218, § 4; 2015, No. 850, § 3; 2019, No. 315, § 402; 2019, No. 910, § 2086.

Amendments. The 2009 amendment added (b)(3).

The 2015 amendment deleted “and geographic distribution” following “Number” in the section heading; deleted “to be distributed as follows” at the end of (a); deleted former (a)(1) and (a)(2); and substituted “Administrative Rules and Regulations Subcommittee” for “Subcommittee on Administrative Rules and Regulations” in (b)(2).

The 2019 amendment by No. 315 substituted “Administrative Rules Subcommittee” for “Administrative Rules and Regulations Subcommittee” in (b)(2).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (b)(2); and substituted “division” for “department” in (b)(3).

6-82-309. Award of scholarship.

An Arkansas Governor's Scholarship or Arkansas Governor's Distinguished Scholarship will be awarded to a student in a manner to be determined by the Division of Higher Education.

History. Acts 1983 (1st Ex. Sess.), No. 59, § 4; A.S.A. 1947, § 80-5904; Acts 2019, No. 910, § 2087.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education”.

6-82-310. Use of scholarship.

  1. No student may utilize scholoarship funds for educational purposes beyond the baccalaureate degree.
  2. There shall be an exception to the requirement of subsection (a) of this section for any student who receives a baccalaureate degree in three (3) years or less. The student may receive an award of the scholarship for a fourth academic year to be used as a full-time student enrolled in a postgraduate program at an approved institution.

History. Acts 1983 (1st Ex. Sess.), No. 59, § 4; A.S.A. 1947, § 80-5904; Acts 1997, No. 1269, § 1.

6-82-311. Term, renewal, and allocation of scholarships.

  1. An Arkansas Governor's Scholarship or Arkansas Governor's Distinguished Scholarship may be awarded annually for a period not to exceed an academic year.
    1. A scholarship shall correspond to academic terms, semesters, quarters, or equivalent time periods at the eligible institutions.
    2. In no instance may the entire amount of the grant for an educational year be paid to or on behalf of students in advance.
  2. Provided sufficient funds are available, a scholarship shall be awarded for one (1) academic year and renewed annually for three (3) additional academic years if the following conditions for renewal are met:
    1. A student receiving a scholarship under § 6-82-312(a) maintains not less than a 3.0 grade point average on a 4.0 scholastic grading scale;
    2. A student receiving a scholarship under § 6-82-312(b) maintains not less than a 3.25 grade point average on a 4.0 scholastic grading scale;
    3. A recipient of a scholarship under § 6-82-312(a) or (b) has successfully completed a total of at least twenty-seven (27) hours during the first full academic year and, if applicable, a total of at least thirty (30) hours per academic year thereafter;
    4. A recipient of a scholarship under § 6-82-312(a) or (b) has met any other continuing eligibility criteria established by the Division of Higher Education; and
      1. If a student who has continuously been a recipient of the scholarship under § 6-82-312(a) or (b) for at least three (3) consecutive years is enrolled as a part-time student in the student's fourth academic year, the student shall be eligible to continue to receive the scholarship under § 6-82-312(a) or (b) if the student has completed, by his or her fourth academic year, or is enrolled in, for his or her fourth academic year, the requisite number of credit hours to complete the student's degree program.
      2. The scholarship amount for each semester in which a student who is the recipient of a scholarship under § 6-82-312(a) or (b) is enrolled under this subsection shall be prorated by the number of credit hours in which the student is enrolled.

History. Acts 1983 (1st Ex. Sess.), No. 59, §§ 4, 6; A.S.A. 1947, §§ 80-5904, 80-5906; Acts 1997, No. 489, § 5; 1999, No. 1562, § 3; 2001, No. 1761, § 7; 2007, No. 274, § 2; 2009, No. 1218, § 5; 2017, No. 1008, § 2; 2019, No. 834, § 1; 2019, No. 910, § 2088.

Amendments. The 2009 amendment inserted “successfully” in (c)(3).

The 2017 amendment substituted “a scholarship under § 6-82-312(a)” for “the additional scholarship under § 6-82-312(b)” in (c)(2).

The 2019 amendment by No. 834 inserted “receiving a scholarship under § 6-82-312(a)” in (c)(1); substituted “6-82-312(b)” for “6-82-312(a)” in (c)(2); inserted “of a scholarship under § 6-82-312(a) or (b)” in (c)(3) and (c)(4); and added (c)(5).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (c)(4).

6-82-312. Scholarship amounts.

  1. An Arkansas Governor's Scholarship or Arkansas Governor's Distinguished Scholarship awarded to a new recipient who enrolls in an approved institution as a first-time entering freshmen shall be in an amount that equals the lesser of:
    1. Ten thousand dollars ($10,000); or
    2. Tuition, room and board, and mandatory fees charged for a regular full-time course load by the approved institution in which the recipient is enrolled.
  2. A student selected as a recipient under § 6-82-306(b)(6)(B)(iii)(b) who enrolls in an approved institution as a first-time entering freshman after July 1, 2017, shall be awarded an amount per year that equals the lesser of:
    1. Five thousand dollars ($5,000); or
    2. Tuition, room and board, and mandatory fees charged for a regular full-time course load by the approved institution in which the recipient is enrolled.

History. Acts 1983 (1st Ex. Sess.), No. 59, § 4; A.S.A. 1947, § 80-5904; Acts 1989, No. 951, § 2; 1995, No. 189, § 1; 1995, No. 230, § 1; 1997, No. 489, § 6; 1999, No. 1562, § 4; 2001, No. 1761, § 8; 2017, No. 1008, § 3.

Publisher's Notes. Acts 1989, No. 951, § 2, provided, in part, that its provisions would be effective after June 1, 1989.

Amendments. The 2017 amendment rewrote the section.

6-82-313. Termination of scholarship.

The scholarship will be terminated if a student does not complete a baccalaureate degree program within five (5) years from initial college entrance.

History. Acts 1983 (1st Ex. Sess.), No. 59, § 4; A.S.A. 1947, § 80-5904.

6-82-314. Withdrawal from school — Refund.

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

History. Acts 1983 (1st Ex. Sess.), No. 59, § 6; A.S.A. 1947, § 80-5906; Acts 2019, No. 910, § 2089.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” and substituted “division” for “department”.

6-82-315, 6-82-316. [Repealed.]

Publisher's Notes. Former §§ 6-82-315 and 6-82-316, concerning the calculation of amount for the State Board of Higher Education and the Department of Higher Education, were repealed by Acts 1999, No. 1562, §§ 5 and 6 respectively. The sections were derived from the following sources:

6-82-315. Acts 1997, No. 1059, § 13.

6-82-316. Acts 1997, No. 1211, § 24.

Subchapter 4 — Arkansas High Technology Scholarship Program

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-82-401. Definitions.

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

  1. “Academic ability” means the intellectual standing of a student. In determining superior academic ability, the Division of Career and Technical Education shall examine the student's high school records, competitive examination scores, and demonstrated leadership capabilities;
  2. “Approved high technology program” means a course of instruction in a highly technical field offered by any postsecondary educational institution which is approved by the division;
  3. “Approved institution” means all postsecondary educational institutions offering high technology programs which are approved by the division;
  4. [Repealed.]
  5. “Full-time student” means a resident of Arkansas who is in attendance at an approved institution and who is enrolled for at least twelve (12) semester hours or such other reasonable academic equivalent as defined by the division; and
  6. “Scholarship” means an award to an eligible student for enrollment in an approved institution in the State of Arkansas.

History. Acts 1983 (1st Ex. Sess.), No. 86, § 2; A.S.A. 1947, § 80-2591.1; Acts 2005, No. 1962, § 16; 2019, No. 910, § 2090.

Amendments. The 2019 amendment substituted “Division of Career and Technical Education” for “Department of Career Education” in (1); substituted “division” for “department” in (2) and (3); and repealed (4).

6-82-402. Creation and establishment.

There is created and established a program which shall be cited as the “Arkansas High Technology Scholarship Program”.

History. Acts 1983 (1st Ex. Sess.), No. 86, § 1; A.S.A. 1947, § 80-2591.

6-82-403. Administration — Authority of division.

The Division of Career and Technical Education shall administer this subchapter and shall have the following authority and responsibility with respect thereto:

  1. To prepare application forms or such other forms as the division shall deem necessary to properly administer and carry out the purposes of this subchapter;
  2. To establish and consult as necessary with an advisory committee representing the public and private sectors of postsecondary education and secondary schools in determining guidelines and rules for the administration of the Arkansas High Technology Scholarship Program;
  3. To select recipients of scholarships awarded pursuant to the provisions of this subchapter;
  4. To establish the procedures for payment of scholarships to recipients; and
  5. To set a termination date for acceptance of applications.

History. Acts 1983 (1st Ex. Sess.), No. 86, § 5; A.S.A. 1947, § 80-2591.4; Acts 2019, No. 315, § 403; 2019, No. 910, §§ 2091, 2092.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in (2).

The 2019 amendment by No. 910 substituted “Division of Career and Technical Education” for “Department of Career Education” in the introductory language; and substituted “division” for “department” in (1).

6-82-404. Eligibility and preferences.

  1. The scholarships shall be awarded to those students who demonstrate the highest capability for successful high technology study.
  2. A student is eligible for this scholarship if the individual:
    1. Has met the admission requirements and is accepted for enrollment as a full-time student in an approved institution;
    2. Has been a bona fide resident of the state prior to graduation from high school;
    3. Is a citizen of the United States or a permanent resident alien; and
    4. Satisfactorily meets the qualifications of superior academic ability as established by the Division of Career and Technical Education.
  3. The scholarship shall be weighed on the factors of achievement, ability, and demonstrated leadership capabilities.
  4. Preference will be given to a student who uses his or her award in the same year that graduation from high school occurs.

History. Acts 1983 (1st Ex. Sess.), No. 86, § 4; A.S.A. 1947, § 80-2591.3; Acts 2019, No. 910, § 2093.

Amendments. The 2019 amendment substituted “Division of Career and Technical Education” for “Department of Career Education” in (b)(4).

6-82-405. Applicant's responsibilities.

Each applicant shall, in accordance with the provisions of this subchapter and the rules of the Division of Career and Technical Education:

  1. Complete and file with the division the appropriate application for the scholarship and such other information and data as may be requested by the division in determining the eligibility of the student;
  2. Furnish to the division information regarding any change in status of the student or any other information that might have a direct bearing on the eligibility of the applicant; and
  3. Provide the division with verification that the scholarship was used in accordance with the purposes of this subchapter.

History. Acts 1983 (1st Ex. Sess.), No. 86, § 6; A.S.A. 1947, § 80-2591.5; Acts 2019, No. 315, § 404; 2019, No. 910, § 2094.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the introductory language.

The 2019 amendment by No. 910 substituted “Division of Career and Technical Education” for “Department of Career Education” in the introductory language; and substituted “division” for “department” throughout the section.

6-82-406. Award of scholarship.

A scholarship shall be awarded to the student in a manner to be determined by the Division of Career and Technical Education.

History. Acts 1983 (1st Ex. Sess.), No. 86, § 3; A.S.A. 1947, § 80-2591.2; Acts 2019, No. 910, § 2095.

Amendments. The 2019 amendment substituted “Division of Career and Technical Education” for “Department of Career Education”.

6-82-407. Number of scholarships.

The number of scholarship awards to eligible students shall be twenty (20).

History. Acts 1983 (1st Ex. Sess.), No. 86, § 3; A.S.A. 1947, § 80-2591.2.

6-82-408. Amount of scholarships.

A scholarship shall be awarded in the amount of five hundred dollars ($500).

History. Acts 1983 (1st Ex. Sess.), No. 86, § 3; A.S.A. 1947, § 80-2591.2.

6-82-409. Term, allocation, and renewal.

  1. A scholarship may be awarded annually for a period not to exceed an academic year.
    1. A scholarship shall correspond to academic terms, semesters, quarters, or equivalent time periods at the eligible institutions.
    2. In no instance may the entire amount of a grant for an educational year be paid to or on behalf of such student in advance.
  2. A scholarship shall be awarded for one (1) academic year and renewed annually for up to three (3) additional academic years if the student maintains not less than a 3.0 grade point average on a 4.0 scholastic grading scale, or an equivalent academic standing, and meets other criteria as established by the Division of Career and Technical Education.

History. Acts 1983 (1st Ex. Sess.), No. 86, §§ 3, 5; A.S.A. 1947, §§ 80-2591.2, 80-2591.4; Acts 2019, No. 910, § 2096.

Amendments. The 2019 amendment substituted “Division of Career and Technical Education” for “Department of Career Education” in (c).

6-82-410. Withdrawal from school — Refund.

If a recipient of a scholarship withdraws from an approved institution and under the policy of that institution the student is entitled to a refund of any tuition, fees, or other charges, the institution shall pay the refund to which the student may be entitled to the Division of Career and Technical Education, to the extent of any amount the division has paid to the student for that academic year.

History. Acts 1983 (1st Ex. Sess.), No. 86, § 5; A.S.A. 1947, § 80-2591.4; Acts 2019, No. 910, § 2097.

Amendments. The 2019 amendment substituted “Division of Career and Technical Education” for “Department of Career Education” and substituted “division” for “department”.

Subchapter 5 — Children of Law Enforcement Officers, Etc.

Effective Dates. Acts 1983 (Ex. Sess.), No. 47, § 2: Nov. 1, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present administration of the scholarship program for the children of law enforcement officers and firemen who suffer fatal injuries or wounds or become permanently and totally disabled as a result of injuries or wounds which occurred within the scope of employment is unnecessarily complicated for benefit applicants; that the immediate passage of this Act is necessary to clarify this problem and to accord equity and fairness to the children of such law enforcement officers and firemen. Therefore, an emergency is declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2003, No. 1473, § 74: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act includes technical corrects to Act 923 of 2003 which establishes the classification and compensation levels of state employees covered by the provisions of the Uniform Classification and Compensation Act; that Act 923 of 2003 will become effective on July 1, 2003; and that to avoid confusion this act must also effective on July 1, 2003. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Acts 2007, No. 172, § 2: Feb. 28, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that confusion exists regarding the law and that people are being denied scholarships under Arkansas Code § 6-82-503 because the public service employee was returning from a location where a hazardous situation existed; that the risks that public service employees take in the scope of going to and returning from hazardous situations are equally high; and that this act is immediately necessary to ensure that public service employees who risk their lives and health are treated equally. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1217, § 2: July 31, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that continuing eligibility for this program needs to exist in order to ensure these students achieve academic success and complete a program of study; that the state is expending funds for student credit hours that will not count toward degree completion; and that the state has in interest in promoting scholarship programs that encourage student achievement. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-82-501. Definitions.

As used in this subchapter:

  1. “Child” or “children” means any natural child, adopted child, or stepchild who is eligible under § 6-82-504;
  2. “Division of Community Correction employee” means any employee of the Division of Community Correction who suffers fatal injuries or wounds or becomes permanently and totally disabled as a result of injuries or wounds that occurred through contact with parolees, probationers, or center residents;
    1. “Emergency medical services personnel” means an individual licensed by the Department of Health at any level established by the rules adopted by the State Board of Health under the Emergency Medical Services Act, § 20-13-201 et seq., and authorized to perform those services set forth in the rules.
    2. This shall include without limitation an emergency medical technician, advanced emergency medical technician, paramedic, emergency medical services instructor, or emergency medical services instructor trainer;
  3. “Firefighter” means any firefighter employed on a full-time or volunteer duty status while actually engaged in the performance of his or her duties;
  4. “Law enforcement officer” means a:
    1. Constable, which includes all duly elected constables of any beat of any county within the state while actually engaged in the performance of their duties concerning the criminal laws of the county and state;
    2. Game warden, which includes all appointed game wardens employed by the State of Arkansas on a full-time duty status while actually engaged in their duties concerning the game laws of this state;
    3. Municipal and college or university police officer, which includes all law enforcement officers of any municipality, college, or university who are regular duty personnel on full-time status and does not include auxiliary officers or those serving on a temporary or part-time status;
    4. Sheriff or deputy sheriff, which includes all law enforcement officers of full-time status on a regular basis serving the sheriff's department of any county but does not include deputy sheriffs who are engaged in administrative or civil duty or deputy sheriffs serving in a temporary capacity or part-time basis; and
    5. State highway patrolman, which includes any law enforcement officer, regardless of department or bureau, of the Division of Arkansas State Police;
  5. “State correction employee” means any employee of the Division of Correction or the Corrections School System who becomes subject to injury through contact with inmates or parolees of the Division of Correction;
  6. “State forestry employee” means an employee of the Arkansas Forestry Commission who is actively engaged in his or her duties of fighting forest fires;
  7. “State highway employee” means any employee of the Arkansas Department of Transportation who actively engages in highway maintenance, construction, or traffic operations on the roadways and bridges of the state highway system while the roadways and bridges are open for use by the traveling public;
  8. “State parks employee” means any employee of the Department of Parks, Heritage, and Tourism who is a commissioned law enforcement officer or emergency response employee while actively engaged in the performance of his or her duties; and
  9. “Teacher” means any person employed by a public school for the purpose of giving instruction and whose employment requires state certification.

History. Acts 1973, No. 521, § 2; 1985, No. 420, § 1; A.S.A. 1947, § 80-3360; Acts 1993, No. 153, § 1; 1997, No. 547, § 8; 1999, No. 56, § 1; 1999, No. 1034, § 1; 2001, No. 113, § 1; 2007, No. 806, § 2; 2017, No. 707, § 7; 2019, No. 692, § 12; 2019, No. 910, §§ 685-687.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (8).

The 2019 amendment by No. 692 rewrote (3).

The 2019 amendment by No. 910 substituted “Division of Community Correction” for “Department of Community Correction” twice in (2); substituted “Division of Correction” for “Department of Correction” twice in (6); and substituted “Department of Parks, Heritage, and Tourism” for “State Parks Division of the Department of Parks and Tourism” in (9).

6-82-502. Rules.

The Arkansas Higher Education Coordinating Board is directed and empowered to promulgate rules as necessary to administer benefits awarded under this subchapter by the Arkansas State Claims Commission.

History. Acts 1973, No. 521, § 4; 1983 (1st Ex. Sess.), No. 47, § 1; A.S.A. 1947, § 80-3362; Acts 1997, No. 547, § 9; 2019, No. 315, § 405.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in the section heading and in the section.

6-82-503. Entitlement.

  1. If any Arkansas law enforcement officer, full-time or volunteer fire fighter, emergency medical technician, state highway employee, state correction employee, Department of Community Correction employee, state parks employee, teacher, or state forestry employee suffers fatal injuries or wounds or becomes permanently and totally disabled as a result of injuries or wounds that occurred in the performance of a hazardous duty within the scope of his or her employment or that occurred en route to or returning from a location where a hazardous situation existed, his or her children and spouse shall be entitled to a total of eight (8) semesters, or the equivalent thereof, of scholarship awards without cost, exclusive of books, food, school supplies, materials, and dues or fees for extracurricular activities, at any state-supported college, university, or technical institute of his or her choice within this state. Up to four (4) semesters, or the equivalent thereof, may be taken at a technical institute.
  2. Scholarship benefits shall not accrue under this subchapter to any person if the wounds or injuries suffered by any law enforcement officer, fire fighter, emergency medical technician, state highway employee, state correction employee, Department of Community Correction employee, state parks employee, teacher, or state forestry employee are self-inflicted or if the death is self-induced.
  3. Unless § 6-82-504(e) is applicable, the Arkansas State Claims Commission shall award any scholarship benefit provided by this subchapter at the same time that any death benefit or total and permanent disability benefit is awarded by the commission under the provisions of § 21-5-701 et seq.

History. Acts 1973, No. 521, §§ 1, 2; A.S.A. 1947, §§ 80-3359, 80-3360; Acts 1989, No. 190, § 1; 1993, No. 153, § 2; 1997, No. 547, § 10; 1999, No. 56, § 2; 1999, No. 1034, § 2; 2001, No. 113, § 2; 2001, No. 158, § 1; 2007, No. 172, § 1; 2007, No. 806, § 3.

6-82-504. Awards to children.

  1. In order for a natural child to be eligible to receive a scholarship benefit:
    1. The child must have been born prior to the date of the death or total and permanent disability of the law enforcement officer, fire fighter, emergency medical technician, state highway employee, state correction employee, Department of Community Correction employee, state parks employee, teacher, or state forestry employee; or
    2. The law enforcement officer, fire fighter, emergency medical technician, state highway employee, state correction employee, Department of Community Correction employee, state parks employee, teacher, or state forestry employee or the spouse of the law enforcement officer, fire fighter, emergency medical technician, state highway employee, state correction employee, Department of Community Correction employee, state parks employee, teacher, or state forestry employee must have been pregnant with the child at the time of the death or total and permanent disability of the law enforcement officer, fire fighter, emergency medical technician, state highway employee, state correction employee, Department of Community Correction employee, state parks employee, teacher, or state forestry employee.
  2. In order for an adopted child to be eligible to receive a scholarship benefit:
    1. The child must have been adopted prior to the date of the death or total and permanent disability of the law enforcement officer, fire fighter, emergency medical technician, state highway employee, state correction employee, Department of Community Correction employee, state parks employee, teacher, or state forestry employee; or
    2. The child's adoption process must have begun prior to the date of the death or total and permanent disability of the law enforcement officer, fire fighter, emergency medical technician, state highway employee, state correction employee, Department of Community Correction employee, state parks employee, teacher, or state forestry employee.
  3. In order for a stepchild under the age of nineteen (19) to be eligible to receive a scholarship benefit:
    1. The stepchild must have been listed as a dependent on the federal and state income tax returns of the law enforcement officer, fire fighter, emergency medical technician, state highway employee, state correction employee, Department of Community Correction employee, state parks employee, teacher, or state forestry employee in each of the five (5) income years immediately prior to the date of the death or total and permanent disability of the law enforcement officer, fire fighter, emergency medical technician, state highway employee, state correction employee, Department of Community Correction employee, state parks employee, teacher, or state forestry employee; and
    2. The stepchild must have received more than one-half (1/2) of his or her financial support from the law enforcement officer, fire fighter, emergency medical technician, state highway employee, state correction employee, Department of Community Correction employee, state parks employee, teacher, or state forestry employee in each of the five (5) income years immediately prior to the date of the death or total and permanent disability of the law enforcement officer, fire fighter, emergency medical technician, state highway employee, state correction employee, Department of Community Correction employee, state parks employee, teacher, or state forestry employee.
  4. In order for a stepchild nineteen (19) years of age or older to be eligible to receive a scholarship benefit:
    1. The stepchild must have been listed as a dependent on the federal and state income tax returns of the law enforcement officer, fire fighter, emergency medical technician, state highway employee, state correction employee, Department of Community Correction employee, state parks employee, teacher, or state forestry employee in each of five (5) income years during the eight (8) years immediately prior to the date of the death or total and permanent disability of the law enforcement officer, fire fighter, emergency medical technician, state highway employee, state correction employee, Department of Community Correction employee, teacher, state parks employee, or state forestry employee; and
    2. The stepchild must have received more than one-half (1/2) of his or her financial support from the law enforcement officer, fire fighter, emergency medical technician, state highway employee, state correction employee, Department of Community Correction employee, state parks employee, teacher, or state forestry employee in each of five (5) income years during the eight (8) years immediately prior to the date of the death or total and permanent disability of the law enforcement officer, fire fighter, emergency medical technician, state highway employee, state correction employee, Department of Community Correction employee, state parks employee, teacher, or state forestry employee.
  5. If the covered public employee or his or her heirs did not file for the available death or disability benefit, but were otherwise eligible to receive, within the time frame provided in § 21-5-703, then the covered public employee's child or children who would have otherwise been eligible to receive the provided educational scholarship benefit under this section may individually file prior to their twenty-first birthdays a claim to receive the provided educational scholarship benefit.

History. Acts 1973, No. 521, § 3; A.S.A. 1947, § 80-3361; Acts 1993, No. 153, § 3; 1997, No. 547, § 11; 1999, No. 56, § 3; 1999, No. 1034, § 3; 2001, No. 113, § 3; 2003, No. 1473, § 14; 2007, No. 806, § 4.

Publisher's Notes. The introductoy language of Acts 2003, No. 1473, § 14, provides, in part, that this section is amended to carry out the purposes of Acts 2001, No. 113.

6-82-505. Limits for scholarship.

  1. No child will be entitled to receive benefits under this subchapter during any semester or quarter when the child has reached the age of twenty-three (23) years on or before the first day of the semester or quarter.
  2. No spouse will be eligible for the education benefit if he or she remarries. The benefit will cease at the end of the semester at which the spouse is currently enrolled at the time of the marriage.

History. Acts 1973, No. 521, § 2; A.S.A. 1947, § 80-3360; Acts 1989, No. 190, § 2.

6-82-506. Written application for benefits.

Any person claiming benefits awarded by the Arkansas State Claims Commission under the provisions of this subchapter shall make written application with the Division of Higher Education on forms provided by the division.

History. Acts 1973, No. 521, § 4; 1983 (1st Ex. Sess.), No. 47, § 1; A.S.A. 1947, § 80-3362; Acts 1997, No. 547, § 12; 2019, No. 910, § 2098.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” and substituted “division” for “department”.

6-82-507. Renewal of scholarship.

To retain eligibility for a scholarship benefit under this subchapter, a recipient shall:

  1. Maintain a minimum of a 2.0 grade point average on a 4.0 scholastic grading scale; and
  2. Meet any other continuing eligibility criteria established by the Division of Higher Education.

History. Acts 2009, No. 1217, § 1; 2019, No. 910, § 2099.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (2).

Subchapter 6 — Children of Veterans, Prisoners of War, Etc.

Effective Dates. Acts 1973, No. 188, § 5: Mar. 2, 1973. Emergency clause provided: “The General Assembly hereby finds and declares that a need exists to provide educational benefits to the dependents of certain Arkansas citizens who are prisoners of war or missing in action. It is therefore declared that an emergency exists, and this Act, being necessary for the public peace, safety and welfare, shall take effect and be in force from and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-82-601. Tuition waiver for dependents of certain veterans — Definitions.

  1. As used in this section:
    1. “Dependent” means a spouse or any child born or conceived by, legally adopted by, or under the legal guardianship of a prisoner of war or person declared to be missing in action or killed in action or killed on ordnance delivery, or disabled veteran. The dependent child or spouse of a prisoner of war, veteran missing in action, or killed in action or killed on ordnance delivery, or disabled veteran must be a current resident of Arkansas. Stepchildren of the veteran are not eligible unless they have been legally adopted by the veteran or the veteran has been appointed as the legal guardian of the stepchild. A dependent child must meet the definition of dependent child as established by the United States Department of Education;
    2. “Disabled veteran” means a person who has been awarded special monthly compensation by the United States Department of Veterans Affairs for service-connected, one hundred percent (100%) total and permanent disability;
    3. “Ordnance delivery” means the piloting of or flying in an experimental or test aircraft while determining its fitness or ability to perform its military function or mission; and
      1. “Prisoner of war”, “person missing in action”, “person killed in action”, “person killed on ordnance delivery”, and “disabled veteran” mean a person who was a resident of the State of Arkansas at the time that person entered the service of the United States Armed Forces or whose official residence is within the State of Arkansas and who, while serving in the United States Armed Forces, has been declared to be a prisoner of war, a person missing in action, or a person killed in action as established by the United States Secretary of Defense after January 1, 1960, or a person killed on ordnance delivery, or has been declared by the United States Department of Veterans Affairs to be totally and permanently disabled one hundred percent (100%) as a result of service-connected injuries or service-connected medical conditions.
      2. The defined terms under subdivision (a)(4)(A) of this section apply whether or not capture or death occurred during a declared war or as a result of hostile action.
      3. A death as result of injuries received while serving in the United States Armed Forces or Arkansas National Guard is only covered by this statute if the death occurred while on active duty or state active duty.
  2. Each applicant must apply for the Survivors' and Dependents' Educational Assistance program, Chapter 35 of Title 38 of the United States Code, with the United States Department of Veterans Affairs. The applicant must provide the Division of Higher Education with proof of acceptance of the Survivors' and Dependents' Educational Assistance program or non-eligibility into the Survivors' and Dependents' Educational Assistance program upon application to the Survivors' and Dependents' Educational Assistance program.
  3. The Arkansas Higher Education Coordinating Board and the State Board of Education are directed, authorized, and empowered to promulgate and adopt such rules as are necessary to implement the provisions of this section.
    1. Except as provided under subdivision (d)(2) of this section, a dependent of a disabled veteran, a prisoner of war, or a person declared to be missing in action or killed in action, or a person killed on ordnance delivery as defined by the provisions of this section, upon his or her being accepted for enrollment into any state-supported institution of higher education in the State of Arkansas, shall be allowed to obtain a bachelor's degree for so long as he or she is eligible with state assistance for tuition, fees, or other charges as provided under this subsection (d).
      1. The state assistance under this section is limited to the tuition, fees, or other charges that exceed the amount of monetary benefits that the dependent is eligible to receive from the Survivors' and Dependents' Educational Assistance program during the months included in each semester in which the dependent is enrolled.
      2. If the dependent is not eligible for monetary benefits from the Survivors' and Dependents' Educational Assistance program but is eligible for the benefits under this section, the dependent shall be allowed to obtain a bachelor's degree free of tuition, fees, or other charges from the state-supported institution of higher education.
  4. Once a person qualifies as a dependent under the terms and provisions of this section, there shall be no situation such as the return of the parent or the reported death of the parent that will remove the dependent from the provisions or benefits of this section.
  5. An eligible recipient shall receive a scholarship for one (1) academic year, renewable for up to three (3) additional academic years if the recipient meets continuing eligibility criteria established by the division.
  6. Any person receiving this scholarship as of June 30, 2007, will be grandfathered into the program under the law as stated prior to July 1, 2007.
  7. In compliance with the division's scholarship stacking policy, no student's total financial aid package, which can include multiple scholarships, can exceed the recognized cost of attendance at a higher education institution.

History. Acts 1973, No. 188, §§ 1-3; A.S.A. 1947, §§ 80-3363 — 80-3365; Acts 1987, No. 72, §§ 1, 2; 1989, No. 759, § 1; 2005, No. 2127, § 1; 2007, No. 717, § 1; 2009, No. 1216, § 1; 2019, No. 315, § 406; 2019, No. 462, § 4; 2019, No. 910, §§ 2100-2102.

Amendments. The 2009 amendment substituted “is eligible to receive” for “receives” in (d)(2)(A).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (c).

The 2019 amendment by No. 462 redesignated (a)(4) as (a)(4)(A) through (C); in (a)(4)(A), substituted “United States Armed Forces” for “armed forces” and substituted “United States Secretary of Defense” for “Secretary of Defense of the United States”; rewrote (a)(4)(B); and, in (a)(4)(C), inserted “or Arkansas National Guard” and added “or state active duty”; and made a stylistic change.

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Arkansas Department of Higher Education” in (b); and substituted “Division of Higher Education” for “Department of Higher Education” in (f) and (h).

6-82-602. [Repealed.]

Publisher's Notes. This section, concerning children of certain veterans having served between September 16, 1940, and December 31, 1946, was repealed by Acts 2007, No. 717, § 2. The section was derived from Acts 1965, No. 315, §§ 2, 3; 2005, No. 2127, § 2.

Subchapter 7 — Arkansas Literacy Corps

6-82-701 — 6-82-706. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2001, No. 1692, § 7. The subchapter was derived from the following sources:

6-82-701. Acts 1989, No. 279, § 1.

6-82-702. Acts 1989, No. 279, § 1.

6-82-703. Acts 1989, No. 279, § 1.

6-82-704. Acts 1989, No. 279, § 1.

6-82-705. Acts 1989, No. 279, § 1.

6-82-706. Acts 1989, No. 279, § 1.

Subchapter 8 — Arkansas National Guard Scholarship Program

6-82-801 — 6-82-819. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 1999, No. 1139, § 1. The subchapter was derived from the following sources:

6-82-801. Acts 1989, No. 301, § 1.

6-82-802. Acts 1989, No. 301, § 2; 1995, No. 1296, § 37.

6-82-803. Acts 1989, No. 301, § 7.

6-82-804. Acts 1989, No. 301, § 3.

6-82-805. Acts 1989, No. 301, § 4.

6-82-806. Acts 1989, No. 301, § 5.

6-82-807. Acts 1989, No. 301, § 5.

6-82-808. Acts 1989, No. 301, § 5.

6-82-809. Acts 1989, No. 301, § 5.

6-82-810. Acts 1989, No. 301, § 5.

6-82-811. Acts 1989, No. 301, § 5.

6-82-812. Acts 1989, No. 301, § 5.

6-82-813. Acts 1989, No. 301, § 5.

6-82-814. Acts 1989, No. 301, § 6.

6-82-815. Acts 1989, No. 301, § 6.

6-82-816. Acts 1989, No. 301, § 6.

6-82-817. Acts 1989, No. 301, § 6.

6-82-818. Acts 1989, No. 301, § 6.

6-82-819. Acts 1989, No. 301, § 6.

Subchapter 9 — Arkansas Opportunity Scholarship Act

6-82-901 — 6-82-906. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2001, No. 1692, § 8. The subchapter was derived from the following sources:

6-82-901. Acts 1989, No. 611, § 1.

6-82-902. Acts 1989, No. 611, § 2.

6-82-903. Acts 1989, No. 611, § 3.

6-82-904. Acts 1989, No. 611, § 4; 1993, No. 198, § 1.

6-82-905. Acts 1989, No. 611, § 6; 1993, No. 198, § 2.

6-82-906. Acts 1989, No. 611, § 6.

Subchapter 10 — Arkansas Academic Challenge Scholarship Program

6-82-1001 — 6-82-1011. [Repealed.]

A.C.R.C. Notes. Pursuant to Acts 2009, No. 376, § 58, the amendment of § 6-82-1005(e)(3) by Acts 2009, No. 376, § 56, is superseded by the repeal of § 6-82-1005 by Acts 2009, No. 605, § 3 and Acts 2009, No. 606, § 3.

Pursuant to Acts 2009, No. 376, § 58, the amendment of § 6-82-1006(d)(1) by Acts 2009, No. 376, § 57, is superseded by the repeal of § 6-82-1006 by Acts 2009, No. 605, § 3 and Acts 2009, No. 606, § 3.

Publisher's Notes. This subchapter was repealed by Acts 2009, Nos. 605 and 606, § 3. The subchapter was derived from the following sources:

6-82-1001. Acts 1991, No. 352, § 1; 1991, No. 362, § 1; 1993, No. 1170, § 1; 1997, No. 977, § 4; 1999, No. 858, § 11; 2003, No. 1798, § 1.

6-82-1002. Acts 1991, No. 352, § 3; 1991, No. 362, § 3; 1997, No. 208, § 4; 1999, No. 858, §§ 1, 2; 2001, No. 1664, § 1; 2001, No. 1836, § 1; 2005, No. 2011, § 1; 2005, No. 2214, § 1.

6-82-1003. Acts 1991, No. 352, § 2; 1991, No. 362, § 2; 2001, No. 1836, § 2.

6-82-1004. Acts 1991, No. 352, § 6; 1991, No. 362, § 6; 1992 (1st Ex. Sess.), No. 47, § 4; 1993, No. 1170, § 2; 1999, No. 858, §§ 3, 12; 2007, No. 341, § 4.

6-82-1005. Acts 1991, No. 352, § 4; 1991, No. 362, § 4; 1991, No. 733, §§ 1, 2; 1992 (1st Ex. Sess.), No. 47, §§ 2, 3; 1993, No. 1170, § 3; 1993, No. 1244, §§ 1, 2; 1995, No. 1296, § 38; 1997, No. 977, § 5; 1999, No. 858, §§ 4-9; 2001, No. 1836, § 3; 2005, No. 2011, §§ 2, 3; 2005, No. 2197, § 3; 2005, No. 2214, §§ 2, 3; 2007, No. 341, § 2; 2007, No. 840, § 1.

6-82-1006. Acts 1991, No. 352, § 5; 1991, No. 362, § 5; 1995, No. 188, §§ 1, 2; 1995, No. 228, §§ 1, 2; 1997, No. 488, § 1; 1999, No. 858, §§ 10, 13; 2001, No. 1553, § 16; 2001, No. 1836, § 4; 2003, No. 1798, § 2; 2005, No. 2011, § 4; 2005, No. 2214, § 4; 2007, No. 274, § 3; 2007, No. 341, § 3.

6-82-1007. Acts 2001, No. 1664, § 2.

6-82-1008. Acts 2003, No. 1798, § 3.

6-82-1009. Acts 2003, No. 1798, § 4.

6-82-1010. Acts 2003, No. 1798, § 5.

6-82-1011. Acts 2005, No. 2197, § 4.

Subchapter 11 — Second Effort Scholarship Program

6-82-1101 — 6-82-1106. [Repealed.]

A.C.R.C. Notes. The repeal of § 6-82-1103 by Acts 2017, No. 1008, § 4, superseded the amendment of that section by Acts 2017, No. 275, § 7. Acts 2017, No. 275, § 7, provided that (b) would read:

“(b) A student shall be eligible for an award from this program if he or she meets all of the following criteria:

“(1) The recipient shall be at least eighteen (18) years of age or a former member of a high school class that has graduated;

“(2) The recipient has been a resident of the State of Arkansas for at least twelve (12) months prior to successful completion of a high school equivalency test;

“(3) The recipient is a citizen of the United States or a permanent resident alien;

“(4) The recipient is accepted for admission at an approved institution of higher education as a freshman, as defined by the Department of Higher Education, and enrolls in an approved institution of higher education within eighteen (18) months following passage of a high school equivalency test;

“(5) The recipient has passed a high school equivalency test in the calendar year prior to application for the scholarship; and

“(6)(A) The recipient has scored in the top ten (10) of all Arkansans who took a high school equivalency test in the calendar year prior to application for the scholarship, as certified to the Department of Higher Education by the Adult Education Section of the Department of Career Education.

“(B) The Department of Higher Education may award a high school equivalency scholarship to an otherwise eligible student who scored in the top twenty-five (25) on the previous calendar year's high school equivalency test if all test-takers scoring above the applicant on a high school equivalency test:

“(i) Have received a scholarship;

“(ii) Have not applied by the application deadline; or

“(iii) Are otherwise ineligible to receive a scholarship.”

Publisher's Notes. This subchapter, concerning the Second Effort Scholarship Program, was repealed by Acts 2017, No. 1008, § 4. The subchapter was derived from the following sources:

6-82-1101. Acts 1991, No. 705, § 1; 1991, No. 717, § 1; 2015, No. 1115, § 13.

6-82-1102. Acts 1991, No. 705, § 2; 1991, No. 717, § 2; 1995, No. 259, § 1; 1995, No. 262, § 1; 1997, No. 208, § 5.

6-82-1103. Acts 1991, No. 705, § 3; 1991, No. 717, § 3; 1995, No. 259, § 2; 1995, No. 262, § 2; 1999, No. 1323, § 45; 2015, No. 1115, § 14; 2017, No. 275, § 7.

6-82-1104. Acts 1991, No. 705, § 4; 1991, No. 717, § 4; 1995, No. 259, § 3; 1995, No. 262, § 3.

6-82-1105. Acts 1991, No. 705, § 5; 1991, No. 717, § 5; 1999, No. 1323, § 46; 2015, No. 1115, § 15.

6-82-1106. Acts 2015, No. 21, § 2.

Subchapter 12 — Law Enforcement Officers

A.C.R.C. Notes. References to “this subchapter” in §§ 6-81-1201 to 6-81-1204 may not apply to §§ 6-81-1205 and 6-81-1206, which were enacted subsequently.

Effective Dates. Acts 1997, No. 1203, § 8: Apr. 8, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Police Corps Program and Police Corps Scholarship Program, which are operated in large part under federal grants, do not conform with federal requirements and that failure to take immediate appropriate action could work irreparable harm upon the proper administration and provision of these programs. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 1296, § 3: Apr. 14, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is necessary to designate a lead agency for purposes of obtaining federally funded scholarships under the Arkansas Police Corps Program; that this act establishes the lead agency; and that this act should go into effect immediately in order to be eligible for the federal funds as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

6-82-1201. Purpose.

It is the purpose of this subchapter to establish the Arkansas Police Corps Planning Commission for the purpose of undertaking the necessary planning and other actions required to enable Arkansas to participate in the federal police corps program.

History. Acts 1991, No. 875, § 1; 1997, No. 1203, § 1; 2001, No. 1692, § 11.

6-82-1202. [Repealed.]

Publisher's Notes. This section, concerning the Arkansas Police Corps Planning Commission, was repealed by Acts 2017, No. 497, § 1. The section was derived from Acts 1991, No. 875, § 2; 1993, No. 315, § 1; 1997, No. 1203, § 2; 1999, No. 1223, § 1; 2001, No. 1692, § 11.

6-82-1203. [Repealed.]

Publisher's Notes. This section, concerning the awarding of scholarships, was repealed by Acts 2001, No. 1692, § 11. The section was derived from Acts 1991, No. 875, § 3; 1993, No. 315, § 2; 1997, No. 1203, § 3.

6-82-1204. Administration.

  1. The Arkansas Police Corps Planning Commission [abolished] is hereby designated as the state agency responsible for implementing any federal law enforcement scholarship program which may be established.
  2. The commission shall have authority to promulgate rules necessary for the administration and operation of any such program in the State of Arkansas.

History. Acts 1991, No. 875, § 4; 2001, No. 1692, § 11; 2019, No. 315, § 407.

Publisher's Notes. The provisions of this section may be affected by § 6-82-1206.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (b).

6-82-1205. Purpose.

The purpose of this section and § 6-82-1206 is to establish the lead agency and its authority over the Arkansas Police Corps Program, a federally funded scholarship program designed to employ college-educated police officers in local and state law enforcement agencies and to foster the development and growth of community policing efforts throughout Arkansas.

History. Acts 2003, No. 1296, § 1.

A.C.R.C. Notes. References to “this subchapter” in §§ 6-82-12016-82-1204 may not apply to this section, which was enacted subsequently.

6-82-1206. Administration of the Arkansas Police Corps Program.

  1. The Department of Criminal Justice at the University of Arkansas at Little Rock is designated as the state lead agency responsible for implementing any federal scholarships or training programs that fall under the umbrella of the Police Corps Act, Title XX, Subtitle A of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14091-14102.
  2. The department may promulgate rules necessary for the administration and operation of any such programs in the State of Arkansas, including the creation of the Police Corps Advisory Group, which shall:
    1. Serve as the body to review policies imposed by the United States Government and the rules developed by the department for the Arkansas Police Corps Program;
    2. Serve as the selection committee for program participants;
    3. Serve as the body to establish eligibility requirements for the program, within the parameters set by the United States Government;
    4. Serve as the body to establish the participant removal procedures for the program;
    5. Serve as the appeals committee for the program, should a training participant be removed for any reason; and
    6. Perform all other duties as needed.
  3. The chair of the department, who serves as the Director of the Arkansas Police Corps Program, or the director's designee shall serve as an ex officio member and as chair of the advisory group.
  4. Neither the director nor the director's designee shall sit on any appeals panel in cases involving removal of participants from the program.
  5. The advisory group shall meet at the call of the chair.

History. Acts 2003, No. 1296, § 2; 2019, No. 315, § 408.

A.C.R.C. Notes. References to “this subchapter” in §§ 6-82-12016-82-1204 may not apply to this section, which was enacted subsequently.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in the introductory language of (b).

Subchapter 13 — Delta Region Scholarship Program

6-82-1301 — 6-82-1303. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2001, No. 1692, § 9. The subchapter was derived from the following sources:

6-82-1301. Acts 1995, No. 1237, § 1.

6-82-1302. Acts 1995, No. 1237, § 2.

6-82-1303. Acts 1995, No. 1237, § 3.

Subchapter 14 — Honors College Scholarship Program

6-82-1401 — 6-82-1403. [Repealed.]

Publisher's Notes. This subchapter, concerning the Honors College Scholarship Program, was repealed by Acts 2001, No. 1692, § 10. The subchapter was derived from the following sources:

6-82-1401. Acts 1995, No. 1238, § 1.

6-82-1402. Acts 1995, No. 1238, § 2.

6-82-1403. Acts 1995, No. 1238, § 3.

Subchapter 15 — Arkansas Geographical Critical Needs Minority Teacher Scholarship Program

A.C.R.C. Notes. Acts 2013, No. 1397, § 39, provided: “APPROPRIATION TRANSFER PROCEDURES — AR GEOGRAPHICAL CRITICAL NEEDS MINORITY TEACHER SCHOLARSHIP PROGRAM.

The Director of the Arkansas Department of Higher Education shall determine the amount available, up to $200,000 per fiscal year, to fund the Arkansas Geographical Critical Needs Minority Teacher Scholarships and shall certify to the Chief Fiscal Officer of the State and the State Treasurer such amount as is required to be transferred from the Higher Education Grants Fund Account. Upon receiving such certification, the Chief Fiscal Officer of the State and the State Treasurer shall cause to be transferred the necessary funds and appropriation to the fund account of the University of Arkansas at Pine Bluff for implementation of this program. The University of Arkansas at Pine Bluff may use up to twenty percent (20%) of the funds and appropriation for administration of the program.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 104, § 39, provided:

“APPROPRIATION TRANSFER PROCEDURES — AR GEOGRAPHICAL CRITICAL NEEDS MINORITY TEACHER SCHOLARSHIP PROGRAM. The Director of the Arkansas Department of Higher Education shall determine the amount available, up to $200,000 per fiscal year, to fund the Arkansas Geographical Critical Needs Minority Teacher Scholarships and shall certify to the Chief Fiscal Officer of the State and the State Treasurer such amount as is required to be transferred from the Higher Education Grants Fund Account. Upon receiving such certification, the Chief Fiscal Officer of the State and the State Treasurer shall cause to be transferred the necessary funds and appropriation to the fund account of the University of Arkansas at Pine Bluff for implementation of this program. The University of Arkansas at Pine Bluff may use up to twenty percent (20%) of the funds and appropriation for administration of the program.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 978, § 38, provided:

“APPROPRIATION TRANSFER PROCEDURES — AR GEOGRAPHICAL CRITICAL NEEDS MINORITY TEACHER SCHOLARSHIP PROGRAM. The Director of the Arkansas Department of Higher Education shall determine the amount available, up to $200,000 per fiscal year, to fund the Arkansas Geographical Critical Needs Minority Teacher Scholarships and shall certify to the Chief Fiscal Officer of the State and the State Treasurer such amount as is required to be transferred from the Higher Education Grants Fund Account. Upon receiving such certification, the Chief Fiscal Officer of the State and the State Treasurer shall cause to be transferred the necessary funds and appropriation to the fund account of the University of Arkansas at Pine Bluff for implementation of this program. The University of Arkansas at Pine Bluff may use up to twenty percent (20%) of the funds and appropriation for administration of the program.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 236, § 37, provided: “APPROPRIATION TRANSFER PROCEDURES — AR GEOGRAPHICAL CRITICAL NEEDS MINORITY TEACHER SCHOLARSHIP PROGRAM. The Director of the Arkansas Department of Higher Education shall determine the amount available, up to $200,000 per fiscal year, to fund the Arkansas Geographical Critical Needs Minority Teacher Scholarships and shall certify to the Chief Fiscal Officer of the State and the State Treasurer such amount as is required to be transferred from the Higher Education Grants Fund Account. Upon receiving such certification, the Chief Fiscal Officer of the State and the State Treasurer shall cause to be transferred the necessary funds and appropriation to the fund account of the University of Arkansas at Pine Bluff for implementation of this program. The University of Arkansas at Pine Bluff may use up to twenty percent (20%) of the funds and appropriation for administration of the program.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-82-1501. Title.

This subchapter shall be known and may be cited as the “Arkansas Geographical Critical Needs Minority Teacher Scholarship Program Act of 2001”.

History. Acts 2001, No. 1731, § 1.

6-82-1502. Program established — Purpose.

  1. There is established the Critical Needs Minority Teacher Scholarship Program.
  2. The purpose of the program is to attract qualified minority teachers to the Delta and those geographical areas of the state where there exists a critical shortage of teachers by awarding scholarships to minorities declaring an intention to serve in the teaching field who actually render service to this state while possessing an appropriate teaching license.

History. Acts 2001, No. 1731, § 2; 2003, No. 1746, § 1.

6-82-1503. Eligibility for scholarship — Amount.

    1. The term “minority” when used in this subchapter shall refer to Black Americans, Hispanic Americans, Asian Americans, and Native Americans.
    2. The Native American group includes all persons having origins in any of the original peoples of North America and who maintain cultural identification through tribal affiliation or community recognition.
  1. Any individual who is a minority and who is enrolled in or accepted for enrollment at a baccalaureate degree-granting institution of higher education whose teacher education program is approved by the State Board of Education or at an accredited state-supported community college in the State of Arkansas who expresses in writing an intention to teach in a geographical area of the state in which there exists a critical shortage of teachers, as designated by the board, shall be eligible for a financial Critical Needs Minority Teacher Scholarship to be applied toward the costs of the individual's college education, if:
    1. The applicant has a grade point average of 2.5 on a 4.0 scale in high school if the applicant graduated within the five (5) preceding years; and
    2. The applicant scored nineteen (19) or above on the ACT composite or the equivalent as defined by the University of Arkansas at Pine Bluff.
    1. The university is authorized to develop selection criteria through Critical Needs Minority Teacher Scholarship Program rules which combine an applicant's ACT or equivalent score and grade point average in the core curriculum into a selection index.
    2. Notwithstanding the provisions of subdivisions (b)(1) and (b)(2) of this section, this selection index shall be employed as an alternative selection process for applicants who achieve a grade point average below 2.5 on a 4.0 scale or for applicants who have an ACT composite or equivalent score greater than nineteen (19).
    1. The annual amount of the scholarship shall be one thousand five hundred dollars ($1,500) per year.
    2. Awards made to nonresidents of the state shall not include any amount assessed by the college or university for out-of-state tuition.
    1. Awards granted under the Critical Needs Minority Teacher Scholarship Program shall be available to both full-time and part-time students.
    2. Students enrolling on a full-time basis may receive a maximum of four (4) annual awards.
    3. The maximum number of awards that may be made to students attending school on a part-time basis and the maximum time period for part-time students to complete the number of academic hours necessary to obtain a baccalaureate degree in education shall be established by rules jointly promulgated by the university and the Division of Higher Education.
  2. Scholarships shall not be based upon an applicant's eligibility for financial aid.

History. Acts 2001, No. 1731, § 3; 2003, No. 1746, § 2; 2019, No. 315, §§ 409, 410; 2019, No. 910, § 2103.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (c)(1) and (e)(3).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (e)(3).

6-82-1504. Service requirement for scholarship recipients.

  1. Except in those cases where employment positions may not be available upon completion of licensure requirements, at the beginning of the first school year in which a recipient of a Critical Needs Minority Teacher Scholarship is eligible for employment as a licensed teacher, that person shall begin to render service as a licensed teacher in a public school district in a geographical area of the state where there is a critical shortage of teachers or in the Mississippi Delta, as designated by the Division of Elementary and Secondary Education.
    1. Any person who received four (4) annual awards, or the equivalent of four (4) annual awards, shall render two (2) years' service as a licensed teacher.
    2. Any person who received fewer than four (4) annual awards, or the equivalent of four (4) annual awards, shall render one (1) school semester of service as a licensed teacher for each year that the person received a full-time student scholarship or for the number of academic hours equivalent to one (1) school year, as determined by the university, for which a part-time student received a scholarship.
  2. Students receiving a scholarship shall execute a note made payable to the university for an amount equal to the scholarship award each semester that shall bear interest at a rate to be determined by the Division of Higher Education beginning September 1 after completion of the program or immediately after termination of the scholarship loan, whichever is earlier.
    1. Any person failing to complete a program of study which will enable the person to become a licensed teacher shall begin repaying the note according to the note's terms for the sum of all scholarship awards made to that person less the corresponding amount of any awards for which service has been rendered.
    2. Any person failing to complete his or her teaching obligation, as required under subsection (b) of this section, shall begin repaying the note according to the note's terms for the sum of all scholarship awards made to that person less the corresponding amount of any awards for which service has been rendered, except in the case of a deferral of debt for cause approved by the State Board of Education if there is no employment position immediately available upon a teacher's completion of licensure requirements.
    3. After the period of the deferral, the person shall begin or resume teaching duties as required under this section or shall become liable on the note under this section.
    4. If a claim for payment under subsection (c) is placed in the hands of an attorney for collection, the obligor shall be liable for an additional amount equal to a reasonable attorney's fee.
  3. The obligations made by the recipient of a scholarship award shall not be voidable by reason of the age of the student at the time of receiving the scholarship.

History. Acts 2001, No. 1731, § 4; 2003, No. 1746, § 3; 2019, No. 910, §§ 2104, 2105.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “Division of Higher Education” for “Department of Higher Education” in (c).

6-82-1505. Rules — Administration — Report.

  1. The University of Arkansas at Pine Bluff and the Division of Higher Education shall jointly promulgate rules necessary for the proper administration of the Critical Needs Minority Teacher Scholarship Program.
  2. The university shall be the administering agency of the program.
  3. If sufficient funds are not available to fully fund scholarship awards to all eligible students, the university shall make the awards to first-time students on a first-come, first-served basis. However, priority consideration shall be given to persons previously receiving awards under the program.
  4. All funds received by the university from the repayment of scholarship awards by program participants shall be deposited into the fund that provides funding for the program.
    1. The university shall make an annual report to the General Assembly.
    2. Each report shall contain a complete enumeration of the:
      1. Program's activities;
      2. Scholarships granted;
      3. Names of persons to whom granted;
      4. Institutions attended by those receiving the scholarships; and
      5. Teaching location of applicants who have received their education and become licensed teachers within this state as a result of the scholarships.
    3. The university shall make a full report and account of receipts and expenditures for salaries and expenses incurred under this section.
    4. Upon its records and any published reports, the university shall distinguish among those recipients who:
      1. Have paid their financial obligations in full;
      2. Have breached their contracts but with the university's permission; and
      3. Have breached their contracts and remain financially indebted to the state.
  5. The requirements of this subchapter are contingent on the funding available for the program.
  6. The university is authorized to determine the necessary procedures for the awarding of forgivable loans should the number of eligible applicants and recipients exceed the funds available, so long as the procedures are consistent with subsection (c) of this section.

History. Acts 2001, No. 1731, § 4; 2003, No. 1746, § 4; 2019, No. 315, § 411; 2019, No. 910, § 2106.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (a).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (a).

6-82-1506. Committee.

  1. There is established a committee to be known as the Critical Needs Minority Teacher Scholarship Program Committee.
  2. The committee shall consist of five (5) members to be appointed by the Chancellor of the University of Arkansas at Pine Bluff.
  3. The appointed committee members shall be:
    1. Individuals who have demonstrated a commitment to education; and
    2. Residents of the State of Arkansas at the time of appointment and throughout their term.
  4. The members shall be appointed for terms of two (2) years.
    1. If a vacancy occurs in an appointed position for any reason, the vacancy shall be filled by appointment of the chancellor.
    2. The new appointee shall serve for the remainder of the unexpired term.
  5. The chancellor shall designate one (1) of the members to serve as chairperson.
    1. The committee shall meet at times and places the chairperson deems necessary, but no meetings shall be held outside of the State of Arkansas.
    2. Three (3) of the members of the committee shall constitute a quorum for the purpose of transacting business.
    3. All action of the committee shall be by approval of a quorum.
  6. The committee shall:
    1. Select the recipients of the Arkansas Teaching Fellows forgivable loans; and
    2. Perform other duties or functions regarding the Critical Needs Minority Teacher Scholarship Program as may be requested by the chancellor.
    1. The university shall provide staff and office space to the committee.
      1. Members of the committee shall serve without pay.
      2. Members of the committee may receive expense reimbursement in accordance with § 25-16-902, to be paid with funds appropriated for administration of the program to the extent money is available.

History. Acts 2003, No. 1746, § 5.

Subchapter 16 — Arkansas Workforce Improvement Grant Program

Effective Dates. Acts 2017, No. 316, § 6: Mar. 2, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the State of Arkansas is in need of a more educated and skilled workforce; that the Arkansas Future Grant Program created by this act will enable more Arkansas residents to obtain the necessary skills and training to drive this state's economy forward; and that this act is immediately necessary to ensure that the Arkansas Future Grant Program is in place for the 2017-2018 academic year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

6-82-1601 — 6-82-1610. [Repealed.]

Publisher's Notes. These sections, concerning the Arkansas Workforce Improvement Grant Program, were repealed by Acts 2017, No. 316, § 2. The sections were derived from the following sources:

6-82-1601. Acts 2003, No. 1796, § 1.

6-82-1602. Acts 2003, No. 1796, § 1; 2005, No. 2129, § 1.

6-82-1603. Acts 2003, No. 1796, § 1.

6-82-1604. Acts 2003, No. 1796, § 1; 2005, No. 2129, § 2; 2015, No. 21, § 3.

6-82-1605. Acts 2003, No. 1796, § 1; 2005, No. 2129, § 3; 2013, No. 1416, § 1; 2015, No. 1115, § 16.

6-82-1606. Acts 2003, No. 1796, § 1.

6-82-1607. Acts 2003, No. 1796, § 1; 2005, No. 2129, § 4.

6-82-1608. Acts 2003, No. 1796, § 1; 2005, No. 2129, § 5.

6-82-1609. Acts 2003, No. 1796, § 1; 2005, No. 2129, § 6.

6-82-1610. Acts 2003, No. 1796, § 1.

6-82-1611. [Repealed.]

Publisher's Notes. This section, concerning transfer to another school, was repealed by Acts 2005, No. 2129, § 7. The section was derived from Acts 2003, No. 1796, § 1.

6-82-1612 — 6-82-1614. [Repealed.]

Publisher's Notes. These sections, concerning the Arkansas Workforce Improvement Grant Program, were repealed by Acts 2017, No. 316, § 3. The sections were derived from the following sources:

6-82-1612. Acts 2003, No. 1796, § 1.

6-82-1613. Acts 2003, No. 1796, § 1; 2005, No. 2129, § 8.

6-82-1614. Acts 2003, No. 1796, § 1.

Subchapter 17 — Higher Education Opportunities Grant Program

A.C.R.C. Notes. Acts 2017, No. 316, § 5, provided: “An eligible student who is a Higher Education Opportunities Grant recipient as of the effective day of this act [March 2, 2017] shall continue to receive the grant under § 6-82-1701 et seq., as it existed on January 1, 2017.”

Effective Dates. Acts 2017, No. 316, § 6: Mar. 2, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the State of Arkansas is in need of a more educated and skilled workforce; that the Arkansas Future Grant Program created by this act will enable more Arkansas residents to obtain the necessary skills and training to drive this state's economy forward; and that this act is immediately necessary to ensure that the Arkansas Future Grant Program is in place for the 2017-2018 academic year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

6-82-1701 — 6-82-1710. [Repealed.]

Publisher's Notes. This subchapter, concerning the Higher Education Opportunities Grant Program, was repealed by Acts 2017, No. 316, § 4. The subchapter was derived from the following sources:

6-82-1701. Acts 2007, No. 1030, § 1.

6-82-1702. Acts 2007, No. 1030, § 1; 2009, No. 1213, § 1; 2015, No. 865, § 12; 2015, No. 1115, § 17.

6-82-1703. Acts 2007, No. 1030, § 1.

6-82-1704. Acts 2007, No. 1030, § 1; 2009, No. 1213, § 2.

6-82-1705. Acts 2007, No. 1030, § 1; 2009, No. 1213, § 3.

6-82-1706. Acts 2007, No. 1030, § 1.

6-82-1707. Acts 2007, No. 1030, § 1.

6-82-1708. Acts 2007, No. 1030, § 1.

6-82-1709. Acts 2007, No. 1030, § 1.

6-82-1710. Acts 2015, No. 21, § 4.

Subchapter 18 — Arkansas Future Grant Program

A.C.R.C. Notes. Acts 2017, No. 316, § 5, provided: “An eligible student who is a Higher Education Opportunities Grant recipient as of the effective day of this act [March 2, 2017] shall continue to receive the grant under § 6-82-1701 et seq., as it existed on January 1, 2017.”

Effective Dates. Acts 2017, No. 316, § 6: Mar. 2, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the State of Arkansas is in need of a more educated and skilled workforce; that the Arkansas Future Grant Program created by this act will enable more Arkansas residents to obtain the necessary skills and training to drive this state's economy forward; and that this act is immediately necessary to ensure that the Arkansas Future Grant Program is in place for the 2017-2018 academic year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-82-1801. Definitions.

As used in this subchapter:

  1. “Approved institution of higher education” means an institution of higher education approved by the Division of Higher Education to participate in the Arkansas Future Grant Program and that is:
    1. A state-supported two-year or four-year college or university;
    2. A state-supported technical institute; or
    3. An approved state-supported school of nursing;
  2. “Approved state-supported school of nursing” means a state-supported school of nursing with its primary headquarters located in Arkansas that:
    1. Prepares students as registered nurses;
    2. Grants nursing diplomas;
    3. Is eligible to participate in the federal student aid programs of the Higher Education Act of 1965, 20 U.S.C. § 1070 et seq.;
    4. Is approved by the Arkansas State Board of Nursing;
    5. Has been approved by the division as eligible to participate in the Arkansas Future Grant Program; and
    6. Is not a two-year or four-year college or university;
  3. “Federal student financial assistance” means scholarships or grants awarded to a student as a result of:
    1. An approved Free Application for Federal Student Aid (FAFSA), including without limitation a Pell Grant; or
    2. The student's or other family member's service in the United States Armed Forces, including without limitation the Army National Guard or Air National Guard;
  4. “Private scholarship” means a scholarship or grant awarded by a private entity or donor; and
  5. “State-supported student financial assistance” means a state-supported scholarship, grant, tuition waiver, or tuition reimbursement funded with state funds or net proceeds from the state lottery awarded by:
    1. The division; or
    2. A scholarship or grant awarded by an approved institution of higher education in this state funded, in whole or in part, by state funds, including without limitation:
      1. Scholarships awarded on the basis of entrance exam scores or high school academic achievement;
      2. Tuition waivers based on age, military service, occupation, or other factors;
      3. Performance scholarships for band, musical performing groups, arts, theater, forensics, and similar activities that are not awarded on the basis of entrance exam scores or high school academic achievement; and
      4. Any other publicly funded program under which students are not charged or are reimbursed by the approved institution of higher education for tuition, fees, books, or other costs of attendance.

History. Acts 2017, No. 316, § 1; 2019, No. 910, §§ 2107-2109.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” throughout the section.

6-82-1802. Establishment — Eligibility.

  1. There is established the Arkansas Future Grant Program within the Division of Higher Education.
  2. A student is eligible for an Arkansas Future Grant if the student is an Arkansas resident who:
    1. Meets one (1) of the following requirements:
      1. Has either:
        1. Graduated from an Arkansas:
          1. Public high school;
          2. Private high school; or
          3. Home school under § 6-15-501 et seq.; or
        2. Received a high school equivalency diploma approved by the Adult Education Section; or
      2. Verifies that he or she has resided in Arkansas for the three (3) years immediately preceding application for the grant and has either:
        1. Graduated from an out-of-state:
          1. Public high school;
          2. Private high school; or
          3. Home school recognized by another state; or
        2. Received a high school equivalency diploma approved by another state;
    2. Is enrolled part-time or full-time at an approved institution of higher education in a program of study that leads to an associate degree or a certification in a:
      1. Science, technology, engineering, accounting, finance, nursing, education, or mathematics field, including without limitation computer science, information technology, data analysis, or graphic design;
      2. Regional high-demand field; or
      3. State high-demand field; and
    3. Has completed and submitted to the United States Department of Education a Free Application for Federal Student Aid (FAFSA) or a subsequent application required by the United States Department of Education for federal financial aid.
  3. A student may continue to be eligible until the student has:
    1. Received the grant for five (5) academic semesters;
    2. Obtained an associate degree;
    3. Failed to maintain satisfactory academic progress, as determined by the approved institution of higher education in which the student is enrolled; or
    4. Failed to complete the mentoring or community service requirements under § 6-82-1804.

History. Acts 2017, No. 316, § 1; 2019, No. 618, § 1; 2019, No. 910, §§ 2110, 2111.

Amendments. The 2019 amendment by No. 618, in (b)(2)(A), inserted “accounting, finance, nursing, education”, inserted “without limitation”, and added “information technology, data analysis, or graphic design”; and added (b)(2)(C).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (a); and substituted “Adult Education Section of the Division of Workforce Services” for “Department of Career Education” in (b)(1)(A)(ii).

6-82-1803. Arkansas Future Grant.

    1. An Arkansas Future Grant shall be in an amount equal to the tuition, fees, and other charges incurred by a student who meets the requirements under § 6-82-1802 to attend an approved institution of higher education less the amount the student receives in:
      1. State-supported student financial assistance;
      2. Federal student financial assistance; and
      3. Private scholarships.
    2. If the approved institution of higher education in which the student is enrolled is a four-year institution of higher education, the total amount of tuition, fees, and other charges under subdivision (a)(1) of this section shall be calculated as the average cost of tuition, fees, and other charges at approved institutions of higher education that are two-year institutions of higher education.
  1. The Division of Higher Education shall disburse the grant directly to the approved institution of higher education.
  2. The division shall award grants under this subchapter in the order in which the division receives applications from eligible students.

History. Acts 2017, No. 316, § 1; 2019, No. 910, § 2112.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (b); and substituted “division” for “department” twice in (c).

6-82-1804. Recipients.

  1. A student who receives an Arkansas Future Grant shall enter into a written agreement with the Division of Higher Education to:
      1. Receive monthly mentoring from a mentor from an organization determined by the Division of Higher Education.
      2. A mentor under subdivision (a)(1)(A) of this section shall:
        1. Receive annual mentoring training:
          1. Developed by the Division of Higher Education; and
          2. Provided by a local volunteer group approved by the Division of Higher Education; and
        2. Certify to the Division of Higher Education that at least one (1) time each semester the mentor has provided mentoring services by telephone, email, or in person to each student he or she is mentoring;
      1. Complete at least ten (10) hours of community service each semester the student receives a grant.
        1. A student may select a community service project that meets requirements developed by the Division of Higher Education.
        2. An approved institution of higher education may provide community services opportunities designed to benefit the approved institution of higher education community or the broader local community.
      2. A student shall certify his or her community service to the approved institution of higher education by the last regular day of the semester the student received the grant; and
      1. Reside in this state for three (3) consecutive years and be employed beginning within six (6) months after receiving an associate degree or a certification.
      2. The Division of Higher Education may defer the requirement under subdivision (a)(3)(A) of this section if:
        1. The Division of Higher Education, in consultation with the Division of Workforce Services, determines that there was no employment position available that would reasonably enable the student to meet this requirement; or
        2. Special circumstances as determined by the Division of Higher Education exist.
      3. After the period of deferral, the student shall begin or resume working in this state or become subject to repayment under subsection (b) of this section.
  2. The written agreement under subsection (a) of this section shall provide that the grant converts into a loan and the student shall repay the grant amount:
    1. On a pro rata basis at an interest rate and on a schedule as determined by the Division of Higher Education for each year the student does not reside in this state for three (3) consecutive years and become employed beginning within six (6) months after receiving an associate degree or a certification; or
    2. In its entirety at an interest rate and on a schedule as determined by the Division of Higher Education if the recipient does not comply with the written agreement under subsection (a) of this section.

History. Acts 2017, No. 316, § 1; 2019, No. 618, §§ 2, 3; 2019, No. 910, §§ 166, 2113.

Amendments. The 2019 amendment by No. 618, substituted “semester” for “calendar month” in (a)(1)(B)(ii); and substituted “ten (10)” for “fifteen (15)” in (a)(2)(A).

The 2019 amendment by No. 910 substituted “Division of Workforce Services” for “Department of Workforce Services” in (a)(3)(B)(i); and substituted “Division of Higher Education” for “Department of Higher Education” throughout the section.

6-82-1805. Rules.

The Division of Higher Education shall promulgate rules to implement this subchapter.

History. Acts 2017, No. 316, § 1; 2019, No. 910, § 2114.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education”.

Subchapter 19 — Scholarships for Teachers in High-Need Subject Areas

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-82-1901. Scholarships for teachers in high-need subject areas.

    1. A recipient of a scholarship under this subchapter who meets the requirements under subsection (b) of this section is eligible for a scholarship award of:
      1. Five thousand dollars ($5,000) for the academic year in which the recipient either:
        1. Has earned at least fifty-seven (57) semester credit hours but less than eighty-seven (87) semester credit hours; or
        2. Is classified as a junior by the approved institution of higher education in which the recipient is enrolled; and
      2. Five thousand dollars ($5,000) for the academic year in which the recipient either:
        1. Has earned at least eighty-seven (87) semester credit hours but no more than one hundred twenty (120) semester credit hours unless the recipient is enrolled in a baccalaureate degree program that requires more than one hundred twenty (120) semester credit hours; or
        2. Is classified as a senior by the approved institution of higher education in which the recipient is enrolled.
    2. A recipient is eligible to receive a maximum aggregate scholarship award of ten thousand dollars ($10,000) under subdivision (a)(1) of this section.
  1. To be eligible for a scholarship award under subdivision (a)(1) of this section, a recipient shall:
    1. Maintain a postsecondary grade point average of 3.0 or higher on a 4.0 scale at an approved institution of higher education;
    2. Be enrolled in a teacher education program at a four-year approved institution of higher education; and
      1. Enter into a written agreement with the Division of Higher Education to teach at a public school for a minimum of five (5) consecutive years in a high-need subject area as determined under subdivision (b)(3)(B) of this section.
      2. A recipient shall be deemed to be teaching in a high-need subject area if the subject area in which the recipient is employed to teach was determined by the Division of Elementary and Secondary Education to be a high-need subject area in:
        1. The year the recipient entered into the agreement with the Division of Higher Education under subdivision (b)(3)(A) of this section;
        2. Any year the recipient received a scholarship award under this subchapter; or
        3. The year the recipient is licensed as a teacher by the State Board of Education.
  2. The written agreement entered into by the recipient and the Division of Higher Education under subdivision (b)(3) of this section shall provide that the recipient:
    1. Shall seek licensure as a teacher from the State Board of Education within one (1) year of completing the teacher education program and earning a degree; and
    2. Shall repay the scholarship award amount:
      1. On a pro rata basis at an interest rate and on a schedule as determined by the Division of Higher Education for each year the recipient does not teach at a public school in a high-need subject area if the recipient does not teach at a public school in a high-need subject area as determined by the Division of Elementary and Secondary Education for five (5) consecutive years after first becoming employed as a licensed teacher; or
      2. In its entirety at an interest rate and on a schedule as determined by the Division of Higher Education if the recipient does not:
        1. Obtain licensure as a teacher from the State Board of Education within one (1) year of completing the teacher education program and earning a degree;
        2. Begin work at a public school as a licensed teacher in a high-need subject area, as determined by the Division of Elementary and Secondary Education, in the academic year immediately following becoming licensed; or
        3. Teach at a public school in a high-need subject area as determined by the Division of Elementary and Secondary Education in the recipient's first year as a licensed teacher.
    1. The Division of Higher Education may defer the requirements under subdivisions (c)(2)(B)(ii) and (iii) of this section if the Division of Higher Education, in consultation with the Division of Elementary and Secondary Education, determines that there was no employment position available at a public school that would reasonably enable the recipient to meet the requirements.
    2. After the period of deferral, the recipient shall begin or resume teaching at a public school in a high-need subject area or become subject to repayment under subdivision (c)(2) of this section.
    1. By March 1 of each year, the Division of Elementary and Secondary Education shall provide to the Division of Higher Education a maximum on the number of scholarships that should be awarded under this subchapter for the following academic year based on the projected needs of licensed teachers at public schools in high-need subject areas.
    2. The Division of Higher Education shall not award for an academic year more scholarships than the maximum number provided by the Division of Elementary and Secondary Education under subdivision (e)(1) of this section.
  3. If the Division of Higher Education receives applications from more qualified applicants than the number of scholarships available or if funds are not available to award scholarships to all qualified applicants, the Division of Higher Education shall award the scholarships on a competitive basis as determined by the Division of Higher Education.
  4. If a recipient of a scholarship under this subchapter withdraws from an approved institution of higher education so that under the rules of that approved institution of higher education the recipient is entitled to a refund of any tuition, fees, or other charges, the approved institution of higher education shall pay the refund to which the recipient may be entitled to the Division of Higher Education to the extent of any amount the Division of Higher Education has paid to the recipient for that academic year.
  5. The Division of Higher Education shall promulgate rules to implement this subchapter.

History. Acts 2017, No. 934, § 1; Acts 2019, No. 910, §§ 2115-2121.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” and “Division of Elementary and Secondary Education” for “Department of Education” throughout the section.

Subchapter 20 — Graduate Medical Education Residency Expansion Board

6-82-2001. Graduate Medical Education Residency Expansion Board.

  1. There is established the Graduate Medical Education Residency Expansion Board, which shall administer the program under this subchapter and shall be composed of:
    1. One (1) representative from each medical school in Arkansas;
    2. Two (2) physician members appointed by the Arkansas State Medical Board, giving preference to physicians who have received rural medical practice loans, community match loans, or income incentives; and
    3. Two (2) representatives appointed by the Arkansas Hospital Association, Inc.
  2. The Graduate Medical Education Residency Expansion Board shall:
    1. Promulgate rules necessary to execute this subchapter, including without limitation rules that address the requirements and are in conformance with the requirements of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.;
    2. Prescribe forms for and regulate the submission of grant applications;
    3. Determine the eligibility of applicants;
    4. Manage, operate, and control all funds and property appropriated or otherwise contributed for this purpose;
    5. Accept gifts, grants, bequests, or devises and apply them as a part of the program under this subchapter;
    6. Sue and be sued as the Graduate Medical Education Residency Expansion Board; and
    7. Accept moneys from federal programs that may be used for furtherance of the purposes of this subchapter.
  3. The members of the Graduate Medical Education Residency Expansion Board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.
  4. The Division of Higher Education shall administer the Graduate Medical Education Fund under § 19-5-1265 and disburse the funds at the direction of the Graduate Medical Education Residency Expansion Board under this subchapter.

History. Acts 2019, No. 854, § 1.

6-82-2002. Planning grants — Definition.

  1. As used in this subchapter, a “planning grant” is a grant awarded by the Graduate Medical Education Residency Expansion Board to eligible entities and individuals under this subchapter.
  2. The board shall:
    1. Allocate funds appropriated for purposes of this subchapter;
    2. Award a one-time planning grant under this section to an entity in this state that:
      1. Has never had a graduate medical education program; and
      2. Is eligible for Medicare funding of graduate medical education;
    3. Award planning grants on a competitive basis according to the criteria adopted by the board under its rules; and
    4. Determine the number of planning grants awarded and the amount of each planning grant.
    1. An application for a planning grant under this section shall be submitted by an entity to the board no later than July 15 of the year preceding the year for which the planning grant will be used.
    2. The board shall award a planning grant to an eligible entity under this section no later than August 15 of the year in which the eligible entity's application was submitted.
  3. An entity that is awarded a planning grant under this section and establishes additional first-year residency positions after the receipt of a planning grant is eligible for additional funds for each position established.

History. Acts 2019, No. 854, § 1.

6-82-2003. Planning grants for program expansion or new programs.

  1. The Graduate Medical Education Residency Expansion Board shall award planning grants to enable entities with existing graduate medical education programs to:
    1. Increase the number of first-year residency positions; and
    2. Provide for the establishment of new graduate medical education programs with first-year residency positions.
  2. The board shall determine the number of planning grants awarded under this section and the amount of each planning grant awarded under this section.
  3. A planning grant under this section shall be used to support the direct resident costs to the graduate medical education program, including without limitation stipends and benefits.
  4. An entity applying for a planning grant under this section shall:
    1. Include a plan for receiving accreditation for the increased number of residency positions or for the new graduate medical education program, as applicable; and
    2. Be submitted to the board no later than October 1 preceding the academic year for which the planning grant is made.
  5. The board shall:
    1. Award a planning grant under this section no later than January 1 of the year in which the planning grant will be used; and
    2. Distribute a planning grant amount for a residency position under this section only upon receiving verification that the applicable residency position has been filled.
    1. A planning grant awarded under this section shall be in effect for no more than three (3) consecutive fiscal years.
    2. For each first-year residency position for which an entity with a graduate medical education program receives an initial planning grant under this section, the board shall award the entity with the graduate medical education program an equal planning grant amount for the following fiscal year, not to exceed three (3) fiscal years.

History. Acts 2019, No. 854, § 1.

6-82-2004. Priority of planning grants — Adjustment of amounts.

  1. If the Graduate Medical Education Residency Expansion Board determines that the number of first-year residency positions proposed by eligible applicants under § 6-82-2003 exceeds the amount of funding appropriated for the planning grants under this subchapter, the board:
    1. May give priority for up to fifty percent (50%) of the funded first-year residency positions to be in primary care or other critical shortage areas in this state; and
    2. Shall not reduce planning grant amounts awarded for each resident position, but may proportionately reduce the number of positions funded for each graduate medical education program.
  2. If the board determines that, based on the applications it has received for planning grants under § 6-82-2003, the entire appropriation for planning grants under this subchapter shall not be awarded for a particular year, the board may transfer and use the funds appropriated to award planning grants under § 6-82-2002.

History. Acts 2019, No. 854, § 1.

6-82-2005. Planning grants for additional years of residency.

  1. If the Graduate Medical Education Residency Expansion Board determines that funds appropriated under this subchapter are available after all eligible planning grant applications under §§ 6-82-2002 and 6-82-2003 have been funded, the board shall award planning grants from excess funds to support medical residents who:
    1. Have completed at least three (3) years of residency; and
    2. Are enrolled in a residency program in a field in which this state has less than eighty percent (80%) of the national average of physicians per one hundred thousand (100,000) people, as determined by the board.
  2. The board shall determine the following with respect to planning grants under this section:
    1. The amount of a planning grant awarded under this section;
    2. The number of planning grants awarded under this section; and
    3. The residency fields in which recipients of planning grants under this section work.
  3. A planning grant under this section shall be used to support the direct resident costs to the graduate medical education program, including without limitation stipends and benefits.
  4. The board shall distribute a planning grant amount for a residency position under this section only upon receiving verification that the applicable residency position has been filled.

History. Acts 2019, No. 854, § 1.

Chapter 83 Tax-Deferred Tuition Savings Program

6-83-101 — 6-83-110. [Repealed.]

A.C.R.C. Notes. The amendment of § 6-83-107 by Acts 1999, No. 1126 was deemed superseded by the repeal of this subchapter by Acts 1999, No. 996. The amendment deleted “contribution” preceding “distribution or earnings” in the first sentence in (a).

Publisher's Notes. This chapter was repealed by Acts 1999, No. 996, § 15. The chapter was derived from the following sources:

6-83-101. Acts 1997, No. 1309, § 1.

6-83-102. Acts 1997, No. 1309, § 7.

6-83-103. Acts 1997, No. 1309, § 2.

6-83-104. Acts 1997, No. 1309, § 3.

6-83-105. Acts 1997, No. 1309, § 4.

6-83-106. Acts 1997, No. 1309, § 6.

6-83-107. Acts 1997, No. 1309, § 5; 1999, No. 1126, § 12.

6-83-108. Acts 1997, No. 1309, § 8.

6-83-109. Acts 1997, No. 1309, § 9.

6-83-110. Acts 1997, No. 1309, § 10.

Chapter 84 Tax-Deferred Tuition Savings Program

Effective Dates. Acts 2003, No. 515, § 2: effective for tax years beginning on or after January 1, 2003.

Acts 2003, No. 663, § 14: effective for tax years beginning on and after January 1, 2003.

Acts 2011, No. 787, § 36, provided: “Subdivision (14)(B) of Section 12, subdivision (a)(1)(B) of Section 16, Section 17, Section 20, and Section 35 shall be effective for tax years beginning on and after January 1, 2010. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, subdivision (14)(A) of Section 12, Sections 13, 14, 15, subdivisions (a)(1)(A) and (a)(2) of Section 16, Sections 18, 19 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, and 34 shall be effective for tax years beginning on and after January 1, 2011.”

Acts 2015, No. 580, § 21: effective for tax years beginning on or after January 1, 2014.

Acts 2017, No. 155, § 25: effective for tax years beginning on and after January 1, 2015.

Acts 2017, No. 547, § 2: Mar. 21, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act amends the powers and authority of the members of the Section 529 Plan Review Committee to clarify ambiguities in the law; that clarification of the law is necessary for the efficient and effective operation of the Arkansas Tax-Deferred Tuition Savings Program; and that this act is immediately necessary because it is in the best interests of the state and Arkansas residents to provide for the most efficient use of state resources in managing and operating the Arkansas Tax-Deferred Tuition Savings Program. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Identical Acts 2018 (2nd Ex. Sess.), Nos. 8 and 15, § 6: effective for tax years beginning on or after January 1, 2018.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-84-101. Title.

This chapter shall be known and may be cited as the “Arkansas Tax-Deferred Tuition Savings Program Act”.

History. Acts 1999, No. 996, § 1; 2003, No. 515, § 1.

6-84-102. Purpose.

It is the intent and purpose of this chapter to create and establish the Arkansas Tax-Deferred Tuition Savings Program pursuant to 26 U.S.C. § 529, as in effect on January 1, 2018, to be administered by the Section 529 Plan Review Committee through the adoption of rules for the administration of the program.

History. Acts 1999, No. 996, § 2; 2003, No. 515, § 1; 2007, No. 218, § 1; 2011, No. 787, § 1; 2015, No. 580, § 1; 2017, No. 155, § 1; 2017, No. 884, § 1; 2018 (2nd Ex. Sess.), No. 8, § 1; 2018 (2nd Ex. Sess.), No. 15, § 1; 2019, No. 315, § 412.

Amendments. The 2011 amendment substituted “January 1, 2011” for “January 1, 2007.”

The 2015 amendment substituted “January 1, 2015” for “January 1, 2011” near the middle of the section.

The 2017 amendment by No. 155 substituted “January 1, 2017” for “January 1, 2015”.

The 2017 amendment by No. 884 substituted “January 1, 2017” for “January 1, 2015”.

The 2018 (2nd Ex. Sess.) amendment by identical acts Nos. 8 and 15 substituted “January 1, 2018” for “January 1, 2017”.

The 2019 amendment deleted “and regulations” following “rules”.

Effective Dates. Acts 2015, No. 580, § 21: effective for tax years beginning on or after January 1, 2014.

Acts 2017, No. 155, § 25: effective for tax years beginning on and after January 1, 2015.

Identical Acts 2018 (2nd Ex. Sess.), Nos. 8 and 15, § 6: effective for tax years beginning on or after January 1, 2018.

6-84-103. Definitions.

As used in this chapter:

  1. “Account” means an account established in accordance with this chapter;
  2. “Account owner” means the person who, under this chapter or the rules promulgated by the Section 529 Plan Review Committee, is entitled to select or change the designated beneficiary of an account, to designate any person other than the designated beneficiary to whom funds may be paid from the account, or to receive distributions from the account if no other person is designated;
  3. “Act” means the Arkansas Tax-Deferred Tuition Savings Program Act, § 6-84-101 et seq.;
    1. “Arkansas Tax-Deferred Tuition Savings Program Trust” or “trust” means the trust created under § 6-84-104.
    2. Participation in the trust shall be open to Arkansas residents and nonresidents alike;
  4. “Committee” means the Section 529 Plan Review Committee, provided for in § 6-84-105, which shall oversee the administration of the Arkansas Tax-Deferred Tuition Savings Program and ensure that the program complies with the provisions of this chapter and acts in accordance with 26 U.S.C. § 529, as in effect on January 1, 2018;
  5. “Contribution” means:
    1. Any payment directly allocated to an account for the benefit of a designated beneficiary or used to pay administrative fees associated with an account; and
    2. That portion of any rollover amount treated as a contribution under 26 U.S.C. § 529, as in effect on January 1, 2018;
  6. “Contributor” means any person making a contribution to an account;
  7. “Designated beneficiary” means, except as provided in § 6-84-108, the individual designated at the time the account is opened as having the right to receive a qualified withdrawal for the payment of qualified higher education expenses or, if the designated beneficiary is replaced in accordance with § 6-84-108, the replacement;
  8. “Higher education institution” means an eligible education institution as defined in 26 U.S.C. § 135(c)(3), as in effect on January 1, 2018;
  9. “Member of the family” shall have the same meaning as is contained in 26 U.S.C. § 529, as in effect on January 1, 2018;
  10. “Nonqualified withdrawal” means a withdrawal from an account that is not:
    1. A qualified withdrawal;
    2. A withdrawal made as the result of the death or disability of the designated beneficiary;
    3. A withdrawal made as the result of a scholarship, allowance, or payment described in 26 U.S.C. § 135(d)(1)(B) or (d)(1)(C), as in effect on January 1, 2018, received by the designated beneficiary but only to the extent of the amount of the scholarship, allowance, or payment; or
    4. A rollover or change in the designated beneficiary;
  11. “Person” means a person as defined in 26 U.S.C. § 529, as in effect on January 1, 2018;
  12. “Program” means the Arkansas Tax-Deferred Tuition Savings Program established by this chapter;
  13. “Qualified higher education expenses” means tuition and other permitted expenses as set forth in 26 U.S.C. § 529, as in effect on January 1, 2018, for the enrollment or attendance of a designated beneficiary;
  14. “Qualified tuition program” means a qualified tuition program as defined in 26 U.S.C. § 529, as in effect on January 1, 2018;
  15. “Qualified withdrawal” means a withdrawal from an account to pay the qualified higher education expenses of the designated beneficiary but only if the withdrawal is made in accordance with the requirements of the program; and
  16. “Rollover” means a disbursement or transfer from an account that is transferred to or deposited within sixty (60) calendar days of the transfer:
    1. Into an account of the same person for the benefit of the same designated beneficiary;
    2. To the credit of another person as a designated beneficiary if the transferee account was created under this chapter or under another qualified tuition program maintained in accordance with 26 U.S.C. § 529, as in effect on January 1, 2018; or
      1. Before January 1, 2026, into an ABLE account under 26 U.S.C. § 529A(e)(6), as in effect on January 1, 2018, of the designated beneficiary or a member of the family of the designated beneficiary.
      2. Subdivision (17)(C)(i) of this section does not apply to so much of a distribution which, when added to all other contributions made to the ABLE account for the taxable year, exceeds the limitation under 26 U.S.C. § 529A(b)(2)(B)(i), as in effect on January 1, 2018.

History. Acts 1999, No. 996, § 3; 2003, No. 515, § 1; 2007, No. 218, § 2; 2011, No. 787, § 2; 2015, No. 580, §§ 2-5; 2017, No. 155, § 1; 2017, No. 884, §§ 2-5; 2018 (2nd Ex. Sess.), No. 8, § 1; 2018 (2nd Ex. Sess.), No. 15, § 1.

Amendments. The 2011 amendment substituted “January 1, 2011” for “January 1, 2007” throughout the section.

The 2015 amendment substituted “January 1, 2015” for “January 1, 2011” throughout the section.

The 2017 amendment by No. 155 substituted “January 1, 2017” for “January 1, 2015” throughout the section.

The 2017 amendment by No. 884 substituted “January 1, 2017” for “January 1, 2015” throughout the section.

The 2018 (2nd Ex. Sess.) amendment by identical acts Nos. 8 and 15 substituted “January 1, 2018” for “January 1, 2017” throughout the section; substituted “§ 529” for “§ 529(e)” in (10) and (14); substituted “(d)(1)(C)” for “(C)” in (11)(C); deleted “at a higher education institution” from the end of (14); in (15), substituted “§ 529” for “§ 529(b)” and inserted “on”; redesignated former (17) as the introductory language of (17), (17)(A), and (17)(B); in (17)(B), added “To the credit of” and substituted “§ 529” for “529(c)”; added (17)(C); and made stylistic changes.

Effective Dates. Acts 2015, No. 580, § 21: effective for tax years beginning on or after January 1, 2014.

Acts 2017, No. 155, § 25: effective for tax years beginning on and after January 1, 2015.

Identical Acts 2018 (2nd Ex. Sess.), Nos. 8 and 15, § 6: effective for tax years beginning on or after January 1, 2018.

6-84-104. Creation of the Arkansas Tax-Deferred Tuition Savings Program Trust.

  1. There is created the Arkansas Tax-Deferred Tuition Savings Program Trust.
  2. The cotrustees of the trust shall be the Director of the Division of Higher Education, the Executive Director of the Arkansas Teacher Retirement System, and the Treasurer of State.

History. Acts 1999, No. 996, § 4; 2003, No. 515, § 1; 2019, No. 910, § 2122.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (b).

6-84-105. Administration — Authority — Powers.

  1. This chapter shall be administered by the Section 529 Plan Review Committee, which shall be composed of:
    1. The Director of the Division of Higher Education;
    2. The Executive Director of the Arkansas Teacher Retirement System; and
    3. The Treasurer of State.
  2. The committee shall adopt such rules as it deems necessary and proper to administer this chapter and to ensure the compliance of the Arkansas Tax-Deferred Tuition Savings Program with 26 U.S.C. § 529, as in effect on January 1, 2018.
  3. The committee shall have the following powers, duties, and functions:
    1. To establish, develop, implement, and maintain the program in a manner consistent with the provisions of this chapter and 26 U.S.C. § 529, as in effect on January 1, 2018, and to obtain the benefits provided by 26 U.S.C. § 529 for the program, account owners, and designated beneficiaries;
    2. To adopt rules for the general administration of the program;
    3. To maintain, invest, and reinvest the funds contributed into the program consistent with the investment restrictions established by the committee and the standard of care described in the prudent investor rule under § 24-2-610; and
      1. To make and enter into any and all contracts, agreements, or arrangements and to retain, employ, and contract for the services of financial institutions, depositories, consultants, broker dealers, investment advisors or managers, third-party plan administrators, and research, technical, and other services necessary or desirable for carrying out the purposes of this chapter.
      2. Contracts entered into by the committee may be for a term of from one (1) to ten (10) years.
  4. The Treasurer of State shall provide office space, staff, and materials for the committee.
  5. A member of the committee may expend funds appropriated for the member of the committee to provide the following for the benefit of the program:
    1. Office space;
    2. Staffing;
    3. Materials;
    4. Marketing;
    5. Education;
    6. Financial literacy programs; and
    7. Outreach measures.

History. Acts 1999, No. 996, §§ 5, 6; 2003, No. 515, § 1; 2007, No. 218, § 3; 2011, No. 787, § 3; 2015, No. 580, §§ 6, 7; 2017, No. 155, §§ 2, 3; 2017, No. 547, § 1; 2017, No. 884, §§ 6, 7; 2018 (2nd Ex. Sess.), No. 8, § 2; 2018 (2nd Ex. Sess.), No. 15, § 2; 2019, No. 315, §§ 413, 414; 2019, No. 910, § 2123.

Amendments. The 2011 amendment substituted “January 1, 2011” for “January 1, 2007” in (b) and (c)(1).

The 2015 amendment substituted “January 1, 2015” for “January 1, 2011” in (b) and (c)(1).

The 2017 amendment by No. 155 substituted “January 1, 2017” for “January 1, 2015” in (b) and (c)(1).

The 2017 amendment by No. 547 added (d) and (e).

The 2017 amendment by No. 884 substituted “January 1, 2017” for “January 1, 2015” in (b) and (c)(1).

The 2018 (2nd Ex. Sess.) amendment by identical acts Nos. 8 and 15 substituted “January 1, 2018” for “January 1, 2017” in (b) and (c)(1).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (b) and (c)(2).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (a)(1).

Effective Dates. Acts 2015, No. 580, § 21: effective for tax years beginning on or after January 1, 2014.

Acts 2017, No. 155, § 25: effective for tax years beginning on and after January 1, 2015.

Identical Acts 2018 (2nd Ex. Sess.), Nos. 8 and 15, § 6: effective for tax years beginning on or after January 1, 2018.

6-84-106. Investment direction.

Except as permitted in 26 U.S.C. § 529, as in effect on January 1, 2018, no person shall have the right to direct the investment of any contributions to or earnings from the Arkansas Tax-Deferred Tuition Savings Program.

History. Acts 1999, No. 996, § 8; 2003, No. 515, § 1; 2007, No. 218, § 4; 2011, No. 787, § 4; 2015, No. 580, § 8; 2017, No. 155, § 4; 2017, No. 884, § 8; 2018 (2nd Ex. Sess.), No. 8, § 2; 2018 (2nd Ex. Sess.), No. 15, § 2.

Amendments. The 2011 amendment substituted “January 1, 2011” for “January 1, 2007.”

The 2015 amendment substituted “January 1, 2015” for “January 1, 2011.”

The 2017 amendment by No. 155 substituted “January 1, 2017” for “January 1, 2015”.

The 2017 amendment by No. 884 substituted “January 1, 2017” for “January 1, 2015”.

The 2018 (2nd Ex. Sess.) amendment by identical acts Nos. 8 and 15 substituted “January 1, 2018” for “January 1, 2017”.

Effective Dates. Acts 2015, No. 580, § 21: effective for tax years beginning on or after January 1, 2014.

Acts 2017, No. 155, § 25: effective for tax years beginning on and after January 1, 2015.

Identical Acts 2018 (2nd Ex. Sess.), Nos. 8 and 15, § 6: effective for tax years beginning on or after January 1, 2018.

6-84-107. Accounts.

    1. An account owner or contributor may establish an account by making an initial contribution to the Arkansas Tax-Deferred Tuition Savings Program, signing an application form approved by the Section 529 Plan Review Committee and naming the account owner and the designated beneficiary.
    2. If the contributor is not the account owner, the account owner shall also sign the application form.
    3. Any person may make contributions to an account after the account is opened.
      1. An Arkansas employer of an employee with an account established under this chapter may make a matching contribution to the account of the employee offered as an employee fringe benefit.
      2. The maximum contribution amount allowed under subdivision (a)(4)(A) of this section is five hundred dollars ($500) per contributing employee per year.
  1. Contributions to an account shall be made only in cash.
  2. Total contributions to all accounts shall not exceed those reasonably necessary to provide for the qualified higher education expenses of the beneficiary, and the committee shall establish maximum contribution limits applicable to program accounts.
  3. Separate records and accounting shall be required by the program for each account, and reports shall be made no less frequently than annually to the account owner.
    1. The program shall be permitted to collect application, account, or administrative fees to defray the costs of the program.
    2. The application, account, or administrative fees must be approved by the committee.

History. Acts 1999, No. 996, § 7; 2003, No. 515, § 1; Acts 2017, No. 884, § 9.

Amendments. The 2017 amendment added (a)(4).

6-84-108. Naming of designated beneficiary and transfers of accounts.

  1. An account owner shall have the right to name the designated beneficiary of an account and at any time to change the designated beneficiary of an account to another individual who is a member of the family of the former designated beneficiary.
  2. At the direction of an account owner, all or a portion of an account may be transferred to another account of which the designated beneficiary is a member of the family of the designated beneficiary of the transferee account if the transferee account was created by this chapter or under another qualified tuition program maintained in accordance with 26 U.S.C. § 529, as in effect on January 1, 2018.

History. Acts 1999, No. 996, § 10; 2003, No. 515, § 1; 2007, No. 218, § 5; 2011, No. 787, § 5; 2015, No. 580, § 9; 2017, No. 155, § 5; 2017, No. 884, § 10; 2018 (2nd Ex. Sess.), No. 8, § 3; 2018 (2nd Ex. Sess.), No. 15, § 3.

Amendments. The 2011 amendment substituted “January 1, 2011” for “January 1, 2007” in (b).

The 2015 amendment substituted “January 1, 2015” for “January 1, 2011” in (b).

The 2017 amendment by No. 155 substituted “January 1, 2017” for “January 1, 2015” in (b).

The 2017 amendment by No. 884 substituted “January 1, 2017” for “January 1, 2015” in (b).

The 2018 (2nd Ex. Sess.) amendment by identical acts Nos. 8 and 15 substituted “on January 1, 2018” for “January 1, 2017” in (b).

Effective Dates. Acts 2015, No. 580, § 21: effective for tax years beginning on or after January 1, 2014.

Acts 2017, No. 155, § 25: effective for tax years beginning on and after January 1, 2015.

Identical Acts 2018 (2nd Ex. Sess.), Nos. 8 and 15, § 6: effective for tax years beginning on or after January 1, 2018.

6-84-109. Account withdrawals.

  1. Withdrawal from an account may be made on thirty (30) days' written notice by the account owner to the Section 529 Plan Review Committee or on shorter notice as the committee may by rule provide.
    1. An account withdrawal paid to or for the benefit of any person during any calendar year shall be reported to the person and to the Internal Revenue Service.
    2. The report shall be made at the time required by the rules of the Internal Revenue Service as in effect on January 1, 2018, and contain such information as is required by law.

History. Acts 1999, No. 996, § 11; 2003, No. 515, § 1; 2007, No. 218, § 6; 2011, No. 787, § 6; 2015, No. 580, § 10; 2017, No. 155, § 6; 2017, No. 884, § 11; 2018 (2nd Ex. Sess.), No. 8, § 3; 2018 (2nd Ex. Sess.), No. 15, § 3; 2019, No. 315, § 415.

Amendments. The 2011 amendment substituted “January 1, 2011” for “January 1, 2007” in (b)(2).

The 2015 amendment substituted “January 1, 2015” for “January 1, 2011” in (b)(2).

The 2017 amendment by No. 155 substituted “January 1, 2017” for “January 1, 2015” in (b)(2).

The 2017 amendment by No. 884 substituted “January 1, 2017” for “January 1, 2015” in (b)(2).

The 2018 (2nd Ex. Sess.) amendment by identical acts Nos. 8 and 15 substituted “January 1, 2018” for “January 1, 2017” in (b)(2).

The 2019 amendment substituted “rule” for “regulation” in (a).

Effective Dates. Acts 2015, No. 580, § 21: effective for tax years beginning on or after January 1, 2014.

Acts 2017, No. 155, § 25: effective for tax years beginning on and after January 1, 2015.

Identical Acts 2018 (2nd Ex. Sess.), Nos. 8 and 15, § 6: effective for tax years beginning on or after January 1, 2018.

6-84-110. Prohibitions.

    1. Total contributions to all accounts established on behalf of a particular designated beneficiary in excess of those reasonably necessary to meet the designated beneficiary's qualified higher education expenses are prohibited.
    2. An employer matching contribution to the account of an employee with an account established under this chapter shall not exceed five hundred dollars ($500) per contributing employee per year.
    1. No account or any legal or beneficial interest in an account shall be assignable or pledged or otherwise used to secure or obtain a loan or other advancement.
    2. An account or any legal or beneficial interest in an account shall not be subject to attachment, levy, or execution by any creditor of an account owner or designated beneficiary.

History. Acts 1999, No. 996, § 9; 2003, No. 515, § 1; 2017, No. 884, § 12.

Amendments. The 2017 amendment redesignated former (a) as present (a)(1); and added (a)(2).

6-84-111. Funds exempt from tax — Definitions.

    1. Except as otherwise indicated in this chapter, interest, dividends, and capital gains from funds invested in the Arkansas Tax-Deferred Tuition Savings Program or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529, as in effect on January 1, 2018, shall be exempt from Arkansas income taxes.
    2. For purposes of this section:
      1. “Taxpayer employee” means an employee of an employer with an account established under this chapter; and
      2. “Taxpayer employer” means a person that employs an individual with an account established under this chapter.
    1. For tax years beginning on or after January 1, 2005, contributions to a tuition savings account established under this program may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b).
      1. The deductible contributions shall not exceed five thousand dollars ($5,000) per taxpayer employee in any tax year.
      2. If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation under subdivision (b)(2)(A) of this section, the unused aggregate amount may be carried forward to the next succeeding four (4) tax years.
      3. A taxpayer employer may make a matching contribution to the account of a taxpayer employee with an account established under this chapter that does not exceed five hundred dollars ($500) per contributing employee per year.
    2. Contributions to this program that have been deducted from the taxpayer employee's adjusted gross income for prior tax years shall be subject to recapture from the taxpayer employee if the taxpayer employee:
      1. Makes a subsequent nonqualified withdrawal from the account; or
      2. Rolls the account over to a tax-deferred tuition savings program established by another state or institution under 26 U.S.C. § 529, as in effect on January 1, 2018.
      1. The contribution shall be recaptured by adding the amount previously deducted, not to exceed the amount of the nonqualified withdrawal or rollover, to the taxpayer employee's adjusted gross income for the tax year in which the nonqualified withdrawal or rollover occurred.
      2. The nonqualified withdrawal or rollover shall be taxable to the taxpayer employee, party, account owner, or designated beneficiary who actually makes the nonqualified withdrawal or rollover.
      1. For tax years beginning on or after January 1, 2017, contributions to a tuition savings account established under this program or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529, as it existed on January 1, 2017, may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b).
      2. A taxpayer may not deduct from the taxpayer's adjusted gross income a contribution to a tax-deferred tuition savings program established by another state if the taxpayer deducted the contribution in another state or on another state's income taxes.
      1. The deductible contributions for a tuition savings account established under this chapter shall not exceed five thousand dollars ($5,000) per taxpayer in any tax year.
      2. If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation under subdivision (c)(2)(A) of this section, the unused aggregate amount may be carried forward to the next succeeding four (4) tax years.
      3. The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529, as it existed on January 1, 2017, shall not exceed three thousand dollars ($3,000) per taxpayer in any tax year.
      4. The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529, as it existed on January 1, 2017, that are rolled over into a tuition savings account established under this chapter shall not exceed seven thousand five hundred dollars ($7,500) per taxpayer in the tax year in which they were rolled.
      1. For tax years beginning on or after January 1, 2018, contributions to a tuition savings account established under the program or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529, as it existed on January 1, 2018, may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b).
      2. A taxpayer may not deduct from the taxpayer's adjusted gross income a contribution to a tax-deferred tuition savings program established by another state if the taxpayer deducted the contribution in another state or on another state's income taxes.
      1. The deductible contributions for a tuition savings account established under this chapter shall not exceed five thousand dollars ($5,000) per taxpayer in any tax year.
      2. If the aggregate amount of contributions by a taxpayer during a tax year exceeds the limitation under subdivision (d)(2)(A) of this section, the unused aggregate amount may be carried forward to the next succeeding four (4) tax years.
      3. The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529, as it existed on January 1, 2018, shall not exceed three thousand dollars ($3,000) per taxpayer in any tax year.
      4. The deductible contributions for a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529, as it existed on January 1, 2018, that are rolled over into a tuition savings account established under this chapter shall not exceed seven thousand five hundred dollars ($7,500) per taxpayer in the tax year in which they were rolled.
    1. Qualified withdrawals from a tuition savings account established under this program or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529, as in effect on January 1, 2018, will be exempt from Arkansas income tax with respect to the designated beneficiary's income.
      1. Nonqualified withdrawals from a tuition savings account established under this program or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529, as in effect on January 1, 2018, will be subject to Arkansas income tax.
      2. The nonqualified withdrawal will be taxable to the party, account owner, or designated beneficiary who actually makes the withdrawal.
  1. Any earnings on the contribution that are included in the refund will be subject to Arkansas income tax if an account owner receives a refund of contributions to a tuition savings account established under this program or a tax-deferred tuition savings program established by another state under 26 U.S.C. § 529, as in effect on January 1, 2018, because of either:
    1. The death or disability of the designated beneficiary; or
    2. A scholarship, allowance, or payment described in 26 U.S.C. § 135(d)(1)(B) or (d)(1)(C), as in effect on January 1, 2018, received by the designated beneficiary.

History. Acts 1999, No. 996, § 13; 2003, No. 515, § 1; 2003, No. 663, § 1; 2005, No. 1973, § 1; 2007, No. 218, § 7; 2011, No. 787, § 7; 2015, No. 580, § 11; 2017, No. 155, § 7; 2017, No. 481, § 1; 2017, No. 883, § 1; 2017, No. 884, § 13; 2018 (2nd Ex. Sess.), No. 8, § 4; 2018 (2nd Ex. Sess.), No. 15, § 4.

A.C.R.C. Notes. Pursuant to § 1-2-207, this section is set out above as amended by Acts 2003, No. 663, § 1. Section 6-84-111 was also amended by Acts 2003, No. 515, § 1, to read as follows:

“6-84-111. Funds exempt from tax.

“(a) Except as otherwise indicated in this chapter, interest, dividends, and capital gains, and other income earned on funds invested in the Arkansas Tax-Deferred Tuition Savings Program or in another qualified tuition program maintained in accordance with 26 U.S.C. § 529 as in effect February 1, 2003, shall be exempt from Arkansas income taxes.

“(b) Contributions to an account established under this program or under another qualified tuition program maintained in accordance with 26 U.S.C. § 529 as in effect February 1, 2003, may not be excluded or deducted from the contributor's income for the purpose of calculating Arkansas income tax.

“(c)(1) Qualified withdrawals from an account established under this program or under another qualified tuition program maintained in accordance with 26 U.S.C. § 529 as in effect February 1, 2003, shall be exempt from Arkansas income tax with respect to the designated beneficiary's income.

“(2)(A) Nonqualified withdrawals from an account established under this program or under another qualified tuition program maintained in accordance with 26 U.S.C. § 529 as in effect February 1, 2003, shall be subject to Arkansas income tax as provided in subdivision (c)(2)(B) of this section.

“(B) Any income earned on the contributions to an account that are included in a nonqualified withdrawal will be taxable to the party, account owner, or designated beneficiary who actually receives the withdrawal.

“(d) If an account owner receives a refund of contributions to an account established under this program or under another qualified tuition program maintained in accordance with 26 U.S.C. § 529 as in effect February 1, 2003, because of either:

“(1) The death or disability of the designated beneficiary; or

“(2) A scholarship, or allowance or payment described in 26 U.S.C. § 135 (d)(1)(B) or (C) as in effect on February 1, 2003, received by the designated beneficiary, then any income earned on the contributions to the account that are included in the refund will be subject to Arkansas income tax.”

Amendments. The 2011 amendment substituted “January 1, 2011” for “January 1, 2007” throughout the section.

The 2015 amendment substituted “January 1, 2015” for “January 1, 2011” throughout the section.

The 2017 amendment by No. 155 substituted “January 1, 2017” for “January 1, 2015” throughout the section.

The 2017 amendment by No. 481 redesignated (b)(2) as (b)(2)(A) and added (b)(2)(B) [now (b)(2)(B) and (c)(2)(B)].

The 2017 amendment by No. 883 redesignated (b)(1) as (b)(1)(A) [now (c)(1)(A)]; inserted “or a tax-deferred tuition savings program established by another state under 30 U.S.C. § 529, as it existed on January 1, 2017” in (b)(1)(A) [now (c)(1)(A)]; added (b)(1)(B) [now (c)(1)(B)]; redesignated (b)(2) as (b)(2)(A) [now (c)(2)(A)]; inserted “for a tuition savings account established under this subchapter” in (b)(2)(A) [now (c)(2)(A)]; and added (b)(2)(B) and (C) [now (c)(2)(C) and (D)].

The 2017 amendment by No. 884 substituted “January 1, 2017” for “January 1, 2015” throughout the section; redesignated (a) as (a)(1); added (a)(2); redesignated (b)(2) as (b)(2)(A); inserted “employee” in (b)(2)(A); added (b)(2)(B) [now (b)(2)(C)]; in the introductory language of (b)(3), substituted “taxpayer employee’s” for “taxpayer’s”, inserted “from the taxpayer employee”, and substituted “taxpayer employee” for “taxpayer”; redesignated (b)(4) as (b)(4)(A); substituted “taxpayer employee’s” for “taxpayer’s” in (b)(4)(A); and added (b)(4)(B).

The 2018 (2nd Ex. Sess.) amendment by identical acts Nos. 8 and 15 substituted “January 1, 2018” for “January 1, 2017” in (a)(1), (b)(3)(B), (e)(1), (e)(2)(A), and twice in (f); inserted present (d) and redesignated the remaining subsections accordingly; and substituted “(d)(1)(C)” for “(C)” in (f)(2).

Effective Dates. Acts 2015, No. 580, § 21: effective for tax years beginning on or after January 1, 2014.

Acts 2017, No. 155, § 25: effective for tax years beginning on and after January 1, 2015.

Identical Acts 2018 (2nd Ex. Sess.), Nos. 8 and 15, § 6: effective for tax years beginning on or after January 1, 2018.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, Income Tax Computation, 26 U. Ark. Little Rock L. Rev. 381.

6-84-112. Limitation on liability.

Neither the Arkansas Tax-Deferred Tuition Savings Program, the Section 529 Plan Review Committee and each of its members, nor the state shall insure any account or guarantee any rate of return or any interest rate on any contribution, nor shall they or any one of them be liable for any loss incurred by any person as a result of participating in the program.

History. Acts 1999, No. 996, § 8; 2003, No. 515, § 1.

Publisher's Notes. Acts 2003, No. 515, § 2, provided:

“This act shall apply to tax years beginning on or after January 1, 2003.”

6-84-113. Liberal construction.

This chapter shall be liberally construed to comply with the requirements of 26 U.S.C. § 529, as in effect on January 1, 2018.

History. Acts 1999, No. 996, § 12; 2003, No. 515, § 1; 2007, No. 218, § 8; 2011, No. 787, § 8; 2015, No. 580, § 12; 2017, No. 155, § 8; 2017, No. 884, § 14; 2018 (2nd Ex. Sess.), No. 8, § 5; 2018 (2nd Ex. Sess.), No. 15, § 5.

Amendments. The 2011 amendment substituted “January 1, 2011” for “January 1, 2007.”

The 2015 amendment substituted “January 1, 2015” for “January 1, 2011.”

The 2017 amendment by No. 155 substituted “January 1, 2017” for “January 1, 2015”.

The 2017 amendment by No. 884 substituted “January 1, 2017” for “January 1, 2015”.

The 2018 (2nd Ex. Sess.) amendment by identical acts Nos. 8 and 15 substituted “January 1, 2018” for “January 1, 2017”.

Effective Dates. Acts 2015, No. 580, § 21: effective for tax years beginning on or after January 1, 2014.

Acts 2017, No. 155, § 25: effective for tax years beginning on and after January 1, 2015.

Identical Acts 2018 (2nd Ex. Sess.), Nos. 8 and 15, § 6: effective for tax years beginning on or after January 1, 2018.

6-84-114. Aspiring Scholars Matching Grant Program.

  1. The Section 529 Plan Review Committee shall develop and implement a pilot program to be known as the “Aspiring Scholars Matching Grant Program” that uses available administrative funds to match a contribution made into an account for a designated beneficiary under this subchapter.
    1. An advisory committee shall advise the Section 529 Plan Review Committee on the development and implementation of the Aspiring Scholars Matching Grant Program.
    2. The advisory committee shall consist of three (3) members as follows:
      1. One (1) member appointed by the Chair of the Senate Committee on Education;
      2. One (1) member appointed by the Chair of the House Committee on Education; and
      3. One (1) member appointed by the Governor.
  2. An Arkansas Tax-Deferred Tuition Savings Program account shall be exempt for purposes of determining eligibility for transitional employment assistance, Medicaid, and food stamps, provided that the federal rules for these programs permit such an exemption.

History. Acts 2007, No. 597, § 1.

Chapter 85 Arkansas Academic Challenge Scholarship Program

A.C.R.C. Acts 2009, Nos. 605 and 606, § 7, was repealed by Acts 2010, Nos. 265 and 294, § 19.

Subchapter 1 — Arkansas Academic Challenge Scholarship Program — Part 1

Effective Dates. Acts 2009, Nos. 605 and 606, § 27: Mar. 25, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the people of the State of Arkansas overwhelmingly approved the establishment of lotteries at the 2008 General Election; that lotteries will provide funding for scholarships to the citizens of this state; that the failure to immediately implement this act will cause a reduction in lottery proceeds that will harm the educational and economic success of potential students eligible to receive scholarships under the act; and that the state lotteries should be implemented as soon as possible to effectuate the will of the citizens of this state and implement lottery-funded scholarships as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1405, § 57: Apr. 9, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the people of the State of Arkansas overwhelmingly approved the establishment of lotteries at the 2008 General Election; that the Eighty-seventh General Assembly adopted Acts 605 and 606 of 2009 that implemented lotteries and made corresponding revisions to the Arkansas Academic Challenge Scholarship Program; that this bill amends provisions of Acts 605 and 606 of 2009 pertaining to lotteries and the Arkansas Academic Challenge Scholarship Program; and that the failure to immediately implement this act will cause a reduction in lottery proceeds that will harm the educational and economic success of potential students eligible to receive scholarships under the act. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-85-101. Legislative findings and declarations of public necessity.

The General Assembly hereby recognizes that taking the proper coursework in high school is essential for success in college. Arkansas high school students who complete the recommended precollegiate or technical preparation core curriculum score significantly higher on standardized preadmission tests and are more likely to be successful in college. Because the State of Arkansas also benefits from the academic success of well-prepared college students, there is hereby established the Arkansas Academic Challenge Scholarship Program, a college scholarship plan to promote academic achievement and encourage academically prepared Arkansas high school graduates to enroll in the state's colleges and universities and to encourage students to enter the field of teaching for the purpose of teaching in subject matter areas of critical teacher shortage or in geographical areas of critical teacher shortage in the state.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4.

6-85-102. Creation.

There is hereby created and established the Arkansas Academic Challenge Scholarship Program — Part 1.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4.

6-85-103. Applicability — Expiration.

  1. This subchapter is applicable to students who:
    1. Applied for a scholarship under the Arkansas Academic Challenge Scholarship Program, § 6-82-1001 et seq. [repealed], and maintain eligibility under this subchapter; or
    2. Apply for a scholarship under this subchapter for the academic year 2009-2010, receive the scholarship, and maintain eligibility thereafter.
  2. Except to the extent of the award amount under § 6-85-107(b)(2), a recipient of a scholarship under this subchapter shall not receive an additional scholarship under the Arkansas Academic Challenge Scholarship Program — Part 2, § 6-85-201 et seq.
  3. This subchapter will expire on June 30, 2015.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4.

6-85-104. Definitions.

As used in this subchapter:

  1. “Approved institution” means an institution of higher education approved by the Division of Higher Education to participate in the Arkansas Academic Challenge Scholarship Program that is:
    1. A state-supported institution of higher education;
    2. A private, nonprofit institution of higher education with its primary headquarters located in Arkansas that is eligible to receive Title IV federal student aid funds; or
    3. A nursing school with its primary headquarters located in Arkansas that is eligible to participate in Title IV federal student aid programs and has been;
  2. “Eligible student” means any student who:
    1. Meets the criteria set out by this subchapter; and
    2. Is deemed to be eligible by rules authorized by this subchapter and promulgated by the division;
  3. “Financial need” means the family income of program applicants as determined by the division through evaluation of program applications and supporting documentation;
    1. “Full-time undergraduate student” means a resident of Arkansas who attends an approved institution and who is enrolled for at least twelve (12) credit hours the first semester and fifteen (15) credit hours thereafter or the equivalent, as defined by the division, in a program of study that leads to or is creditable toward a baccalaureate degree, an associate degree in nursing, or a nursing school diploma.
    2. A recipient receiving an Arkansas Academic Challenge Scholarship for the eighth semester shall not be required to be enrolled in fifteen (15) hours and shall be considered a “full-time undergraduate student” if the recipient is enrolled in the appropriate number of course credit hours to earn a degree or diploma at the end of that semester;
  4. “Recipient” means an applicant awarded a scholarship funded through the program;
  5. “Tuition” means charges levied for attendance at an approved institution, including mandatory fees charged to all full-time undergraduate students by an approved institution; and
  6. “Unemancipated child” means a dependent child as defined by the United States Department of Education for student aid purposes.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2019, No. 910, §§ 2124-2127.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” throughout the section.

6-85-105. Authority of Division of Higher Education.

  1. The Division of Higher Education is authorized by this subchapter to develop and promulgate rules for the administration of the Arkansas Academic Challenge Scholarship Program, consistent with the purposes and requirements of this subchapter.
  2. The rules shall include student eligibility criteria based on the provisions of this subchapter, the method for selecting scholarship recipients, rules for determining continuing eligibility, procedures for making payment to recipients, and other administrative procedures that may be necessary for the implementation and operation of the program.
  3. Until the end of fiscal year 2011, the Division of Higher Education is authorized to expend each year for data processing and other administrative costs of this program up to one and five-tenths percent (1.5%) of the amount appropriated for the program.
  4. Applicants must certify that they are drug-free and must pledge in writing on the application form to refrain from the use or abuse of illegal substances in order to maintain eligibility for this program.
    1. The Division of Elementary and Secondary Education and the Division of Higher Education are directed to develop appropriate informational materials on the Arkansas Academic Challenge Scholarship Program and to ensure their distribution to Arkansas students in grades seven through twelve (7-12) each year as part of the packet of materials on precollegiate preparation distributed by the Division of Elementary and Secondary Education as mandated by § 6-61-217.
    2. The distribution of information shall be accomplished through the collaboration of school counselors and other appropriate school personnel.
  5. The Director of the Division of Higher Education is authorized to review and evaluate the operation of the program with regard to eligibility criteria and size of the scholarship award to ensure that the program's operation meets the intent of this subchapter.
  6. The Division of Higher Education is authorized to determine the necessary procedures for the awarding of scholarships should the number of eligible applicants exceed the funds available.
  7. The Division of Higher Education shall report to the General Assembly annually regarding the implementation of the provisions of this subchapter.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2019, No. 910, § 2128.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in the section heading and throughout the section; and substituted “Division of Elementary and Secondary Education” for “Department of Education” twice in (e)(1).

6-85-106. Eligibility.

  1. Eligibility for the Arkansas Academic Challenge Scholarship Program is based on the criteria under this section and rules promulgated under this subchapter by the Division of Higher Education.
  2. An applicant is eligible for an award from this program if the applicant meets all of these criteria:
    1. The applicant graduated from an Arkansas high school;
    2. The applicant has been a resident of the State of Arkansas for at least twelve (12) months before graduation from an Arkansas high school, and the applicant's parent or guardian has maintained Arkansas residency for the same period of time;
    3. The applicant is a citizen of the United States or is a lawful permanent resident;
    4. The applicant is accepted for admission at an approved institution as a full-time first-time freshman as defined by the Division of Higher Education and enrolls in an approved institution within twelve (12) months of the applicant's high school graduation;
        1. Except as provided in subdivision (b)(5)(B) of this section, the applicant has successfully completed the core curriculum established by the State Board of Education and the Arkansas Higher Education Coordinating Board under § 6-61-217.
        2. An applicant who graduates from an Arkansas high school on or before December 31, 2009, and who meets the provisions of subdivisions (b)(1)-(4) of this section but who has not completed the core curriculum defined in this subdivision (b)(5)(A) by the end of the senior year of high school due to the unavailability of the courses in the applicant's high school shall have a grace period of twelve (12) months from the date of high school graduation in which to make up any course deficiencies required for program eligibility.
      1. An applicant who graduates from an Arkansas high school after December 31, 2009, shall have:
        1. Successfully completed the Smart Core curriculum as established by the Division of Elementary and Secondary Education; and
          1. Demonstrated proficiency in the application of knowledge and skills in reading and writing literacy and mathematics by passing the end-of-course assessments developed by the Division of Elementary and Secondary Education.
          2. “End-of-course” assessments means those assessments defined in § 6-15-419 [repealed].
      2. All applicants shall have achieved:
        1. Either:
          1. A grade point average of 3.0 on a 4.0 scale in the set of core curriculum courses if enrolling at an approved four-year institution; or
          2. A grade point average of 2.75 on a 4.0 scale in the set of core curriculum courses if enrolling at an approved two-year institution; and
        2. A minimum composite score of nineteen (19) or higher on the ACT or the equivalent as defined by the Division of Higher Education.
        1. The grade point average requirements of subdivision (b)(5)(C) of this section may be reduced to no lower than a 2.5 on a 4.0 scale by a rules change by the Division of Higher Education if it is determined by the Division of Higher Education, based on the most recent evaluation of the program's operation, that the change to a 3.0 or 2.75 grade point average on a 4.0 scale would unduly reduce the number of low-income or disadvantaged students who would otherwise be eligible for the program.
        2. At the Division of Higher Education's discretion, the Division of Higher Education may make the reduction for admissions to institutions with a high percentage of students receiving full Pell Grants upon petition to the Division of Higher Education by the institution.
        1. The Division of Higher Education may develop selection criteria through program rules that combine an applicant's ACT or equivalent score and grade point average in the core curriculum into a selection index.
        2. Notwithstanding the provisions of subdivision (b)(5)(D) of this section, this selection index shall be employed as an alternative selection process for applicants who achieve a grade point average higher than 2.75 if attending an approved two-year institution or 3.0 if attending a four-year institution on a 4.0 scale in the set of core curriculum courses defined in subdivision (b)(5)(A) of this section or for applicants who have an ACT composite or equivalent score greater than nineteen (19);
      1. An applicant shall demonstrate financial need as defined by the Division of Higher Education.
      2. The Division of Higher Education shall use the following criteria in calculating financial need for applicants who graduated from an Arkansas high school after December 31, 2000, but before December 31, 2004:
        1. An applicant whose family includes one (1) unemancipated child shall have average family adjusted gross income over the previous two (2) years not exceeding fifty thousand dollars ($50,000) per year at the time of application to the program;
        2. An applicant whose family includes two (2) unemancipated children shall have average family adjusted gross income over the previous two (2) years not exceeding fifty-five thousand dollars ($55,000) per year at the time of application to the program;
        3. An applicant whose family includes three (3) or more unemancipated children shall have average family adjusted gross income over the previous two (2) years not exceeding sixty thousand dollars ($60,000) per year at the time of application to the program, plus for families with more than three (3) unemancipated children, an additional five thousand dollars ($5,000) per year for each additional child; and
        4. Any applicant whose family includes more than one (1) unemancipated child enrolled full time at an approved institution shall be entitled to an additional ten thousand dollars ($10,000) of adjusted gross income for each additional unemancipated child enrolled full time at an approved institution when the Division of Higher Education calculates financial need.
      3. In calculating financial need for applicants who graduate from an Arkansas high school after December 31, 2006, a Free Application for Federal Student Aid (FAFSA) or a subsequent application required by the United States Department of Education for federal financial aid shall be filed by the applicant or other proof of family income as defined by the Division of Higher Education. The following criteria shall be used:
        1. An applicant whose family includes one (1) unemancipated child shall have an average family adjusted gross income over the previous two (2) years not exceeding sixty-five thousand dollars ($65,000) per year at the time of application to the program;
        2. An applicant whose family includes two (2) unemancipated children shall have an average family adjusted gross income over the previous two (2) years not exceeding seventy thousand dollars ($70,000) per year at the time of application to the program;
        3. An applicant whose family includes three (3) or more unemancipated children shall have an average family adjusted gross income over the previous two (2) years not exceeding seventy-five thousand dollars ($75,000) per year at the time of application to the program, plus for families with more than three (3) unemancipated children, an additional five thousand dollars ($5,000) per year for each additional child; and
        4. Any applicant whose family includes more than one (1) unemancipated child enrolled full time at an approved institution of higher education shall be entitled to an additional ten thousand dollars ($10,000) of adjusted gross income for each additional unemancipated child enrolled full time at an approved institution of higher education when the Division of Higher Education calculates financial need.
    1. The Arkansas Higher Education Coordinating Board shall have the authority to increase these financial need family income limitations if sufficient additional funds become available.
    2. Financial need criteria necessary for the selection of recipients, including those defined as emancipated or independent by federal student aid regulations, shall be established through rules issued by the Division of Higher Education.
  3. Recipients of Arkansas Governor's Distinguished Scholarships may receive Arkansas Academic Challenge Scholarships, but shall not receive more than the maximum scholarship amount for Arkansas Governor's Distinguished Scholarships under § 6-82-312.
  4. As an additional component to the Arkansas Academic Challenge Scholarship Program:
    1. Each applicant for the scholarship shall agree that for each year the scholarship is awarded he or she may volunteer to serve as a literacy tutor for a minimum of twenty (20) clock hours each semester in a public school or a faith-based educational institution serving students in prekindergarten through grade six (preK-6);
    2. A recipient who agrees to volunteer as a literacy tutor:
      1. Shall complete the prerequisite training in literacy and college readiness skills provided under § 6-85-211 before he or she begins tutoring;
      2. May receive college credit for the tutoring as determined by the institution of higher education where the recipient is enrolled; and
      3. Shall receive the prerequisite training in literacy and college readiness from an accredited Arkansas institution of higher education based on training modules developed by the Division of Elementary and Secondary Education; and
    3. An enrolled college student who participates in the tutorial program and fails to meet the Arkansas Academic Challenge Scholarship Program academic eligibility requirement for the fall or spring semester shall be given the probationary opportunity during the subsequent spring or summer term to continue his or her education and improve academic performance prior to losing scholarship funding in the subsequent semester.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2019, No. 755, § 7; 2019, No. 910, §§ 2129-2141.

Publisher's Notes. Per § 6-85-103(c), this subchapter expired on June 30, 2015.

Amendments. The 2019 amendment by No. 755, in (d), substituted “may receive” for “are prohibited from receiving”, and added “but shall not receive more than the maximum scholarship amount for Arkansas Governor’s Distinguished Scholarships under § 6-82-312”.

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” and “Division of Elementary and Secondary Education” for “Department of Education” throughout the section.

6-85-107. Duration — Amount.

  1. A recipient who graduated from high school after December 31, 2000, shall receive a scholarship for one (1) academic year renewable for up to three (3) additional academic years if the recipient meets the following continuing eligibility criteria:
    1. The recipient earns a cumulative grade point average of 2.75 or higher based on a 4.0 scale at an approved institution;
    2. The recipient has completed a total of at least twenty-seven (27) hours during the first full academic year and a total of at least thirty (30) hours per academic year thereafter; and
    3. The recipient meets any other continuing eligibility criteria established by the Division of Higher Education.
    1. Beginning with awards made for the 2005-2006 academic year and thereafter for recipients who graduated from high school after December 31, 2001, the amount of the annual scholarship awarded to each recipient shall be graduated as follows:
      1. A recipient in his or her freshman year shall be awarded an amount not to exceed two thousand five hundred dollars ($2,500);
      2. A recipient in his or her sophomore year shall be awarded an amount not to exceed two thousand seven hundred fifty dollars ($2,750);
      3. A recipient in his or her junior year shall be awarded an amount not to exceed three thousand dollars ($3,000); and
      4. A recipient in his or her senior year shall be awarded an amount not to exceed three thousand five hundred dollars ($3,500).
    2. A recipient under this subchapter shall receive the greater of the award under subdivision (b)(1) of this section or the award amount for the same academic year for a full-time recipient under the Arkansas Academic Challenge Scholarship Program — Part 2, § 6-85-201 et seq.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2019, No. 910, § 2142.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a)(3).

6-85-108. Nursing school eligibility.

    1. The General Assembly recognizes that the State of Arkansas is experiencing a critical shortage of nurses.
    2. It is the intent of this section to allow the Division of Higher Education the opportunity to include associate degree-granting and diploma schools of nursing in the Arkansas Academic Challenge Scholarship Program under specific circumstances.
  1. The division shall make awards to applicants attending either an associate degree or diploma school preparing registered nurses that is approved by the Arkansas State Board of Nursing and which would not otherwise be an approved institution if:
    1. The nursing school is specifically recognized by the division as a school of nursing eligible to participate in the Arkansas Academic Challenge Scholarship Program; and
    2. The recipient meets continuing eligibility requirements in § 6-85-106.
  2. The scholarships awarded to recipients under this section shall be subject to § 6-85-105(g).
  3. The Arkansas Higher Education Coordinating Board and the division shall promulgate rules necessary for the implementation of this section.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2009, No. 1405, § 1; 2019, No. 910, § 2143.

Amendments. The 2009 amendment deleted former (b)(1) and redesignated the remaining subdivisions accordingly.

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a)(2); and substituted “division” for “department” throughout the section.

6-85-109. Priority for teaching commitment.

  1. During times of funding shortages under the Arkansas Academic Challenge Scholarship Program, the Division of Higher Education shall give a priority to awards to applicants meeting all eligibility requirements under the program who agree to accept a forgivable loan, as set forth in this section, in lieu of a scholarship and who agree to teach, as required under § 6-85-110, in a:
    1. Subject matter area designated by the Division of Elementary and Secondary Education as having a critical shortage of teachers; or
    2. Geographical area of the state designated by the Division of Elementary and Secondary Education as having a critical shortage of teachers.
  2. The Division of Higher Education shall make awards under this subchapter as follows:
    1. First, to applicants who agree to the provisions of this section; and
    2. Then to applicants eligible under § 6-85-106(b).
  3. Forgivable loans awarded under this section shall be paid from appropriations to the program.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2019, No. 910, § 2144.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in the introductory language of (a) and the introductory language of (b); and substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a)(1) and (a)(2).

6-85-110. Teaching requirements.

    1. At the beginning of the first school year in which a recipient of a forgivable loan under § 6-85-109 is eligible for employment as a licensed teacher, that recipient shall begin to render service as a licensed teacher in a public school district in the state:
      1. In a subject matter area designated by the Division of Elementary and Secondary Education as having a critical shortage of teachers if the recipient's award was made under § 6-85-109(a)(1); or
      2. In a geographical area of the state designated by the Division of Elementary and Secondary Education as having a critical shortage of teachers if the recipient's award was made under § 6-85-109(a)(2).
      1. Any recipient receiving a forgivable loan under § 6-85-109 who received four (4) annual awards or the equivalent of four (4) annual awards shall render four (4) years' service as a licensed teacher.
      2. Any person who received a forgivable loan under § 6-85-109 in an amount less than four (4) annual awards or the equivalent of four (4) annual awards shall render one (1) year's service as a licensed teacher for each year that the person received a full-time student forgivable loan or for the number of academic hours equivalent to one (1) school year, as determined by the Division of Higher Education, for which a part-time student received a forgivable loan.
  1. Any person receiving a forgivable loan shall execute a note made payable to the Division of Higher Education for an amount equal to the scholarship award each semester that shall bear interest at a rate to be determined by the Division of Higher Education and set forth in the note after completion of the program or immediately after termination of the forgivable loan, whichever is earlier.
  2. Any person failing to complete a program of study that will enable the person to become a licensed teacher shall begin repaying the note according to the terms of the note for the sum of all forgivable loan awards made to that person less the corresponding amount of any awards for which service has been rendered.
    1. Except as provided in subdivision (d)(2) of this section, any person failing to complete the teaching obligation as required by this subchapter shall become immediately liable to the Division of Higher Education for the sum of all forgivable loan awards made to that person less the corresponding amount of any awards for which service has been rendered according to the note's terms.
    2. The Division of Higher Education may defer payment on the note if an employment position is not immediately available upon a teacher's completion of licensure requirements or for other just cause as determined by the Division of Elementary and Secondary Education.
    3. After the period of deferral, the person shall begin or resume teaching duties as required under this section or shall become liable to the Division of Higher Education under this section.
  3. If a claim for payment under this section is placed in the hands of an attorney for collection, the obligor shall be liable for an additional amount equal to a reasonable attorney's fee.
  4. The obligations made by the recipient of a forgivable loan under § 6-85-109 and this section shall not be voidable by reason of the age of the student at the time of receiving the forgivable loan award.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2019, No. 910, §§ 2145-2148.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” and “Division of Higher Education” for “Department of Higher Education” throughout the section.

6-85-111. End-of-course assessment requirements.

The Division of Higher Education may recognize a sub-score of nineteen (19) or higher in the applicable subject area on the ACT as meeting the requirements for passing end-of-course assessments under the Arkansas Academic Challenge Scholarship Program and the Arkansas Governor's Scholars Program for a student who:

  1. Has not had an opportunity to take an end-of-course assessment;
  2. Has not passed the end-of-course assessment; or
  3. Is attending a private school or home school.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2019, No. 910, § 2149.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education”.

Subchapter 2 — Arkansas Academic Challenge Scholarship Program — Part 2

A.C.R.C. Notes. Acts 2015, No. 978, § 43, provided: “NONTRADITIONAL STUDENT SCHOLARSHIPS AGGREGATE AMOUNT.

Aggregate amounts of scholarships awarded to nontraditional students, under the provisions of the Arkansas Academic Challenge Scholarship Program - Part 2, ACA6-85-201 et seq., for the 2015-16 fiscal year shall be limited to thirteen million dollars ($13,000,000).

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Effective Dates. Acts 2009, Nos. 605 and 606, § 27: Mar. 25, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the people of the State of Arkansas overwhelmingly approved the establishment of lotteries at the 2008 General Election; that lotteries will provide funding for scholarships to the citizens of this state; that the failure to immediately implement this act will cause a reduction in lottery proceeds that will harm the educational and economic success of potential students eligible to receive scholarships under the act; and that the state lotteries should be implemented as soon as possible to effectuate the will of the citizens of this state and implement lottery-funded scholarships as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1405, § 57: Apr. 9, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the people of the State of Arkansas overwhelmingly approved the establishment of lotteries at the 2008 General Election; that the Eighty-seventh General Assembly adopted Acts 605 and 606 of 2009 that implemented lotteries and made corresponding revisions to the Arkansas Academic Challenge Scholarship Program; that this bill amends provisions of Acts 605 and 606 of 2009 pertaining to lotteries and the Arkansas Academic Challenge Scholarship Program; and that the failure to immediately implement this act will cause a reduction in lottery proceeds that will harm the educational and economic success of potential students eligible to receive scholarships under the act. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 207, § 31: Mar. 8, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that increasing the number of Arkansans obtaining postsecondary credentials is critical to the economic health of the state and its citizens; that the Arkansas Scholarship Lottery provides the opportunity for tens of thousands of Arkansans to obtain postsecondary education; that the deadline for scholarship applications is June 1; that the financial integrity of the Arkansas Scholarship Lottery is critical to the continued existence of the scholarships; that the reporting and research provisions of this act are critical for timely decisions by the General Assembly on scholarship awards; and that this act is immediately necessary because the Department of Higher Education must promulgate rules to implement this act well before June 1, 2011, in order to provide eligible Arkansans the opportunity to apply for the scholarship. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 1180, § 4: Apr. 4, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that increasing the number of Arkansans who obtain postsecondary credentials is critical to the economic health of the state and its citizens; that the Arkansas Scholarship Lottery provides the opportunity for tens of thousands of Arkansans to obtain postsecondary education; that the deadline for scholarship applications is June 1; that the financial integrity of the Arkansas Scholarship Lottery is critical to the continued existence of the scholarships; that the reporting and research provisions of this act are critical for timely decisions by the General Assembly on scholarship awards; and that this act is immediately necessary because the Department of Higher Education must promulgate rules to implement this act well before June 1, 2011, in order to provide eligible Arkansans the opportunity to apply for the scholarship. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 1195, § 3: Apr. 4, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that increasing the number of Arkansans who obtain postsecondary credentials is critical to the economic health of the state and its citizens; that the Arkansas Scholarship Lottery provides the opportunity for tens of thousands of Arkansans to obtain postsecondary education; that the continual evaluation of the Arkansas Academic Challenge Scholarship Program and of all state-supported scholarship and grant programs by the General Assembly is critical for maximizing the benefits to the state and its citizens of state financial aid for higher education and meeting state objectives for higher education; that accountability and transparency in the implementation of state-supported scholarship programs are fundamental to a proper evaluation of the programs; that the collection of data and access to that data by the Bureau of Legislative Research are necessary to ensure proper legislative oversight for that accountability and transparency; and that this act is immediately necessary for the Department of Higher Education to begin developing the direct read and report only access to the data warehouse of the Arkansas Higher Education Information System, and for the Arkansas Higher Education Coordinating Board to promulgate rules to implement this act. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 234, § 4: Mar. 1, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that increasing the number of Arkansans obtaining postsecondary credentials is critical to the economic health of the state and its citizens; that the Arkansas Scholarship Lottery provides the opportunity for tens of thousands of Arkansans to obtain postsecondary education; that the deadline for scholarship applications is June 1; that the financial integrity of the Arkansas Scholarship Lottery is critical to the continued existence of the scholarships; and that this act is immediately necessary because the Department of Higher Education must promulgate rules to implement this act well before June 1, 2013, in order to provide eligible Arkansans the opportunity to apply for the scholarship. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 1173, § 18: Apr. 12, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that increasing the number of Arkansans obtaining postsecondary credentials is critical to the economic health of the state and its citizens; that the Arkansas Scholarship Lottery provides the opportunity for tens of thousands of Arkansans to obtain postsecondary education; that the deadline for scholarship applications is June 1; that the financial integrity of the Arkansas Scholarship Lottery is critical to the continued existence of the scholarships; and that this act is immediately necessary because the Department of Higher Education must promulgate rules to implement this act well before June 1, 2013, in order to provide eligible Arkansans the opportunity to apply for the scholarship. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 218, § 34: Feb. 26, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the stability of the Arkansas Scholarship Lottery is critical to the success of the Arkansas Academic Challenge Scholarship Program; that changes to the operational structure of the lottery are needed to improve the creditability and function of the lottery; and that this act is immediately necessary to ensure that the transition of lottery administration is as undisruptive as possible. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 1105, § 8: July 1, 2016. Effective date clause provided: “Sections 1 through 5 of this act are effective on July 1, 2016.”

Acts 2015, No. 1105, § 9: Apr. 6, 2015, §§ 6, 7. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Scholarship Lottery is undergoing dramatic change; that the financial stability of the Arkansas Scholarship Lottery is in question; and that this act is immediately necessary to ensure that there are appropriate mechanisms in place to fund scholarship recipients should there be a shortfall in lottery proceeds. Therefore, an emergency is declared to exist, and Sections 6 and 7 of this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2017, No. 613, § 7: Mar. 23, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this state is in need of a more educated and skilled workforce; that the Arkansas Workforce Challenge Scholarships available under this act will allow more Arkansans to pursue higher education in order to obtain a skill or better education that will lead to employment in a high-needs occupation in Arkansas; and that this act is immediately necessary to allow the funding to be in place so that Arkansas Workforce Challenge Scholarships can be awarded to Arkansans as soon as possible. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2018, No. 197, § 49: Feb. 28, 2018, §§ 44, 45. Emergency clause provided: “(a) It is found and determined by the General Assembly of the State of Arkansas that Section 44 — the Section regarding Arkansas Workforce Challenge Scholarship Fund transfers, of this act granting the Arkansas Department of Higher Education authority to make Arkansas Workforce Challenge Scholarship Fund transfers for scholarship awards for nontraditional students; and Section 45 — the Section regarding increasing the scholarship awards limit to nontraditional students, increasing the aggregate amount of scholarship awards to nontraditional students to fifteen million dollars ($15,000,000), requires immediate implementation in order to facilitate a timely and efficient scholarship transfer and funding process and to ensure these processes are not interrupted or impaired. Therefore, an emergency is declared to exist, and Section 44, regarding Arkansas Workforce Challenge Scholarship Fund transfers, and Section 45, regarding the scholarship awards limit to nontraditional students, of this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-85-201. Findings.

The General Assembly finds that:

  1. In approving Arkansas Constitution, Amendment 87, the citizens of this state provided an opportunity to increase the resources provided for higher education scholarships and grants through a state lottery;
  2. The net proceeds from the state lottery, in addition to existing nonlottery state educational resources for scholarships and grants, will:
    1. Encourage associate degree, certificate of proficiency program, and technical certificate program recipients and university juniors to complete a baccalaureate degree;
    2. Provide opportunities for students more than one (1) year out of high school to enter or reenter higher education;
    3. Provide an improved system of communication to students and parents about opportunities for higher education scholarships and grants in Arkansas; and
    4. Provide an evaluation and analysis of all state funding for scholarships and grants and how the funding advances the state's goals for higher education; and
  3. Changes to the Arkansas Academic Challenge Scholarship Program — Part 2 may be necessary from time to time to ensure the solvency of the program by spreading the program liabilities over a period of time while ensuring that there are scholarship dollars available for students who successfully complete their courses.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2015, No. 1105, § 1.

Amendments. The 2015 amendment inserted “certificate of proficiency program, and technical certificate program” in (2)(A); and added (3).

Effective Dates. Acts 2015, No. 1105, § 8: July 1, 2016. Effective date clause provided: “Sections 1 through 5 of this act are effective on July 1, 2016.”

6-85-202. Creation.

The Arkansas Academic Challenge Scholarship Program — Part 2 is hereby created and established.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4.

6-85-203. Applicability.

  1. This subchapter is applicable to students who apply for a scholarship under the Arkansas Academic Challenge Scholarship Program — Part 2 for the academic year 2010-2011 and each academic year thereafter.
  2. Except to the extent of an award amount under § 6-85-107(b)(2), a recipient of a scholarship under the Arkansas Academic Challenge Scholarship Program — Part 1, § 6-85-101 et seq., is not eligible for an additional scholarship under this subchapter.
  3. Recipients of Arkansas Governor's Distinguished Scholarships are prohibited from receiving Arkansas Academic Challenge Scholarships under this subchapter.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4.

6-85-204. Definitions.

As used in this subchapter:

  1. “ACT” means the ACT Assessment administered by ACT, Inc.;
  2. “ACT equivalent” means the SAT, COMPASS, Accuplacer, or other nationally normed test that is correlated with the ACT and approved by the Division of Higher Education for use by institutions of higher education to assess a person's college readiness;
  3. “Approved institution of higher education” means an institution of higher education approved by the division to participate in the Arkansas Academic Challenge Scholarship Program — Part 2 and that is:
    1. A state-supported two-year or four-year college or university;
    2. A private, nonprofit two-year or four-year college or university with its primary headquarters located in Arkansas that is eligible to receive Title IV federal student aid funds; or
    3. An approved school of nursing, subject to the provisions of § 6-85-213(c);
  4. “Approved school of nursing” means a school of nursing with its primary headquarters located in Arkansas that:
    1. Prepares students as registered nurses;
    2. Grants nursing diplomas;
    3. Is eligible to participate in the Higher Education Act of 1965, Title IV federal student aid programs;
    4. Is approved by the Arkansas State Board of Nursing;
    5. Has been approved by the division as eligible to participate in the Arkansas Academic Challenge Scholarship Program; and
    6. Is not a two-year or four-year college or university;
  5. “Arkansas resident” means a natural person who provides evidence deemed sufficient by the division that:
    1. For the twelve-month period required under § 6-85-206(1), the person:
      1. Maintained a permanent home in Arkansas where the person resides for an average of no less than four (4) days and nights per calendar week; and
      2. Either:
        1. Is an Arkansas registered voter;
        2. Holds a valid Arkansas motor vehicle driver's license;
        3. Receives benefits under an Arkansas public assistance program;
        4. Uses an Arkansas residence address for federal or state tax purposes; or
        5. Claims Arkansas as a residence to hold public office or for judicial actions; or
    2. Before the deadline for filing a scholarship application under this subchapter the applicant:
      1. Is on active military status;
      2. Qualifies for in-state tuition and fees under § 6-60-205; and
      3. Meets one (1) of the conditions under subdivision (5)(A)(ii) of this section;
  6. “Continuously enrolled” means:
    1. For a traditional student, he or she successfully completes at an approved institution of higher education twenty-seven (27) semester hours in the first academic year as a recipient and, except as provided in § 6-85-212(e)(1)(A)(iv)(c) , successfully completes thirty (30) semester hours each academic year thereafter;
    2. For a full-time nontraditional student, he or she successfully completes at an approved institution of higher education at least fifteen (15) semester hours of courses in consecutive semesters;
    3. For a full-time current achiever student, he or she:
      1. Before receiving a scholarship under this subchapter, successfully completed at least twelve (12) semester hours of courses in consecutive semesters; and
      2. As a recipient of a scholarship under this subchapter, successfully completes at an approved institution of higher education at least fifteen (15) semester hours of courses in consecutive semesters;
    4. For a part-time nontraditional student, he or she successfully completes at an approved institution of higher education at least six (6) semester hours of courses in consecutive semesters; and
    5. For a student who is enrolled in a degree plan that has a maximum number of semester hours in a semester that is less than the requirements of subdivisions (6)(A)-(D) of this section, he or she successfully completes at an approved institution of higher education the maximum number of hours required by the degree plan for the semester;
  7. “Current achiever student” means a student:
    1. Who meets the requirements of § 6-85-209; and
    2. Is not a traditional student or a nontraditional student;
  8. “End-of-course assessment” means an examination taken at the completion of a course of study to determine whether a student demonstrates attainment of the knowledge and skills necessary for mastery of that subject;
  9. “Enrolled” means that the approved institution of higher education where the student is attending class counts the student as enrolled for the hours claimed on the last day to add or drop a class at the approved institution of higher education;
  10. “High school equivalency test” means a test measuring the knowledge and skills usually learned in high school that is administered by a state-approved institution or organization;
  11. “High school grade point average” means the numbered grade average on a student's high school transcript calculated:
    1. For a traditional student, using the first seven (7) of the last eight (8) semesters the student completed prior to graduating high school; or
    2. For a nontraditional student, using the last eight (8) semesters the student completed before graduating high school;
  12. “Lawful permanent resident” means a non-United States citizen who resides in the United States under a legally recognized and lawfully recorded permanent residence and who may receive state public benefits under 8 U.S.C. § 1622;
  13. “Net proceeds from the state lottery” means lottery proceeds for one (1) fiscal year less the operating expenses defined in § 23-115-103 for the fiscal year;
  14. “Nonlottery state educational resources” means the funding available for state-supported scholarships and grants for students enrolled in postsecondary education in this state that:
    1. The General Assembly makes available from general revenue to the Higher Education Grants Fund Account without consideration of the availability of proceeds from the state lottery; and
    2. The Department of Finance and Administration estimates is available for distribution to the Higher Education Grants Fund Account during a fiscal year from the Educational Excellence Trust Fund;
  15. “Nontraditional student” means a student who is not a traditional student or a current achiever student;
  16. “Personally identifiable student data” means any information that, alone or in combination with other available information, is linked or linkable to a specific student that would allow a reasonable person in the student's school community to identify the student with reasonable certainty;
  17. “Postsecondary grade point average” means the cumulative numbered grade average for college credit courses as calculated using a 4.0 scale;
  18. “Qualified certificate program” means a program:
    1. That is offered by an approved institution of higher education;
    2. For which credit hours are awarded that are creditable toward an associate degree or baccalaureate degree; and
    3. Recognized by the United States Department of Education for financial aid purposes;
  19. “Recipient” means an applicant awarded a scholarship funded through the Arkansas Academic Challenge Scholarship Program — Part 2;
  20. “Scholarship hold” means the temporary suspension of a scholarship award to a traditional student under this subchapter approved by the division under § 6-85-221;
  21. “Semester” means one-half (½) of a traditional academic year at an institution of higher education, or an equivalent approved by the division, in which a student enrolls for not less than:
    1. Fifteen (15) credit hours as a full-time student, except that in the first semester as a first-time full-time freshman, a traditional student shall enroll in not less than twelve (12) credit hours; or
  22. “Smart Core” means:
    1. The college and career readiness curriculum by that name under rules of the State Board of Education; or
    2. A college and career readiness curriculum that is:
      1. Established by rules of the State Board of Education in coordination with the division; and
      2. Substituted for the curriculum named “Smart Core”;
  23. “State-supported student financial assistance” means a state-supported scholarship, grant, tuition waiver, or tuition reimbursement funded with state funds or net proceeds from the state lottery awarded by:
    1. The division; or
    2. A scholarship or grant awarded by an institution of higher education in this state in whole or in part by state funds, including without limitation:
      1. Scholarships awarded on the basis of entrance exam scores or high school academic achievement;
      2. Tuition waivers based on age, military service, occupation, or other factors;
      3. Out-of-state tuition waivers for undergraduate students from contiguous states in close proximity to a college or university;
      4. Scholarships for transfers from two-year institutions;
      5. Performance scholarships for band, musical performing groups, arts, theater, forensics, and similar activities that are not awarded on the basis of entrance exam scores or high school academic achievement; and
      6. Any other publicly funded program under which students are not charged or are reimbursed by the institution of higher education for tuition, fees, books, or other costs of attendance;
  24. “Successfully completed” means that a student completed a course at an institution of higher education and received the equivalent of a minimum letter grade of “D”;
  25. “Superscore” means the final composite score that is calculated according to a combination of the highest individual section scores across all of the ACT tests taken by an individual;
    1. “Supplant” means that the net proceeds from the state lottery are used in place of, not in addition to, state nonlottery educational resources provided for state-supported student financial assistance for a specified fiscal year.
    2. Supplanting does not occur if the General Assembly provided the state nonlottery educational resources as if the lotteries under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq., do not exist; and
    1. “Traditional student” means a student who:
      1. Will enter postsecondary education as a full-time first-time freshman on or before the fall semester of the academic year that begins immediately following:
        1. The student's graduation from high school; or
        2. The last day of the school year:
          1. That would have been the student's junior or senior year of high school; and
          2. In which the student completes the requirements for high school graduation and obtains a Certificate of General Educational Development instead of receiving a diploma; and
      2. Remains continuously enrolled as a full-time student.
    2. “Traditional student” includes a student who otherwise meets this definition but delays entering postsecondary education under a scholarship hold approved by the division.
    3. “Traditional student” does not include a current achiever student.

(B Six (6) credit hours as a part-time student;

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2009, No. 1405, §§ 2, 3; 2010, No. 265, § 1; 2010, No. 294, § 1; 2011, No. 207, §§ 4, 5; 2013, No. 1173, §§ 3, 4; 2013, No. 1263, § 1; 2015, No. 1115, § 18; 2017, No. 597, § 1; 2017, No. 719, § 1; 2019, No. 549, § 1; 2019, No. 692, § 13; 2019, No. 910, §§ 2150-2158.

Amendments. The 2009 amendment added (3)(C), (16), and (17); and made related changes.

The 2010 amendment by identical acts Nos. 265 and 294 inserted present (5), (6), and (19) and redesignated the remaining subdivisions accordingly; added (9)(B); inserted “For a traditional student” in (9)(A); rewrote (11); substituted “postsecondary” for “two year and four year institutions of higher” in (12); added “or a current achiever student” at the end of (13); inserted “student's” preceding “school” in (14); deleted “that is” from the end of the introductory language of (16); added “That is” at the beginning of (16)(A); in (16)(B), deleted “Shorter in duration than an associate degree” and inserted “or baccalaureate degree”; added (20)(B); and inserted “beginning with the 2010-2011 academic year” in (20)(A).

The 2011 amendment inserted “successfully” throughout subdivision (5); inserted (18) and (20) and redesignated the remaining subdivisions accordingly; and rewrote present (22).

The 2013 amendment by No. 1173 inserted present (5) and redesignated the remaining subdivisions accordingly; and added (5)(E).

The 2013 amendment by No. 1263 rewrote (22)(A).

The 2015 amendment substituted “High school equivalency” for “General Educational Development” in (10).

The 2017 amendment by No. 597 inserted “except as provided in § 6-85-212(e)(1)(A)(iv) (c) ” in (6)(A).

The 2017 amendment by No. 719 deleted “not including any summer term” following “thereafter” at the end of (6)(A); deleted “not including a summer term” following “semesters” at the end of (6)(B), (6)(C)(i), (6)(C)(ii), and (6)(D).

The 2019 amendment by No. 549 inserted present (25).

The 2019 amendment by No. 692 substituted “Arkansas Academic Challenge Scholarship Program — Part 2” for “program” in (19).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” throughout the section; and substituted “State Board of Education” for “state board” in (22)(B)(i).

6-85-205. Authority and duties of the Division of Higher Education.

  1. The Division of Higher Education shall develop and promulgate rules for the administration of the Arkansas Academic Challenge Scholarship Program consistent with the purposes and requirements of this subchapter.
  2. The rules developed and promulgated by the Division of Higher Education under this section shall pertain to:
    1. Student eligibility criteria based on this subchapter;
    2. The method for selecting scholarship recipients and for determining continuing eligibility;
    3. The procedures for making payment to an approved institution of higher education where the recipient is enrolled; and
    4. Other administrative procedures that may be necessary for the implementation and operation of the program.
  3. The Division of Higher Education shall implement a complete financial aid management system that uses a single application form that may be accessed as a web-based application for all Arkansas state-supported student financial assistance administered by the Division of Higher Education, including:
    1. Scholarships awarded under this subchapter or other state law that are funded with net proceeds from the state lottery; and
    2. Scholarships, grants, or other financial assistance for higher education students funded with nonlottery state educational resources.
    1. The Division of Elementary and Secondary Education and the Division of Higher Education are directed to develop appropriate informational materials on the Arkansas Academic Challenge Scholarship Program and to ensure distribution of the materials to Arkansas students in grade seven through grade twelve (7-12) each year as a part of the packet of materials on precollegiate preparation distributed by the Arkansas Higher Education Coordinating Board under § 6-61-217 and by the Division of Elementary and Secondary Education under the Higher Education Awareness Act of 1993, § 6-5-401 et seq.
    2. The distribution of informational materials under this section shall be accomplished through the collaboration of school counselors and other appropriate public school or Division of Higher Education personnel.
    3. The Division of Higher Education shall provide a copy of the informational materials developed under this section to the Legislative Council for review.
  4. The Director of the Division of Higher Education shall review and evaluate the operation of the program with regard to eligibility criteria and size of the scholarship award to ensure that the program's operation meets the intent of this subchapter.
  5. The Division of Higher Education may determine the necessary procedures for the awarding of scholarships if the number of eligible applicants exceeds the funds available based on the criteria under this subchapter.
      1. By July 15 of each year, the Director of the Division of Higher Education shall provide a report to the Legislative Council on:
        1. The implementation of this subchapter;
        2. The number of recipients that either:
          1. Dropped out during the academic year; or
          2. Lost the scholarship during the academic year; and
        3. Any additional information requested by the Legislative Council.
      2. The Legislative Council shall include the information reported under this subsection in its annual report to the General Assembly under § 6-85-220.
    1. By August 1 of each year, the Division of Higher Education shall provide to the Legislative Council an unaudited financial report on the administration of the Arkansas Academic Challenge Scholarship Program for the fiscal year just ended.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2010, No. 265, §§ 2-4; 2010, No. 294, §§ 2-4; 2015, No. 218, §§ 5-7; 2015, No. 1258, §§ 5-7; 2019, No. 910, § 2159.

A.C.R.C. Notes. Acts 2015, No. 1258, § 1, provided: “LEGISLATIVE FINDINGS.

The General Assembly finds:

“(1) Amendment 92 to the Arkansas Constitution states in part: ‘The General Assembly may provide by law for the review by a legislative committee of administrative rules promulgated by a state agency before the administrative rules become effective; and that administrative rules promulgated by a state agency shall not become effective until reviewed and approved by the legislative committee charged by law with the review of administrative rules under subdivision (a)(1) of this section’;

“(2) As Amendment 92 does not define the term ‘state agency’, the General Assembly may establish a definition by law as part of its implementation of Amendment 92;

“(3) The General Assembly at this time wishes to exclude the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education from the definition of ‘state agency’ applied to the implementation of Amendment 92; and

“(4) The General Assembly or the Legislative Council reserve the right to amend the definition of ‘state agency’ in the future to include one (1) or all of the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education.”

Publisher's Notes. Acts 2015, No. 1258, §§ 5-7 specifically amended this section as amended by Acts 2015, No. 218.

Amendments. The 2010 amendment by identical acts Nos. 265 and 294 rewrote (a)(2); substituted “Arkansas Higher Education Coordinating Board under § 6-61-217 and by the Department of Education under the Higher Education Awareness Act of 1993, § 6-5-401 et seq.” for “Department of Education as required by § 6-61-217” in (d)(1); substituted “informational materials under this section” for “materials” in (d)(2); added (d)(3); added (g)(1)(B); and rewrote (g)(1)(A).

The 2015 amendment by No. 218 substituted “Arkansas Lottery Legislative Oversight Committee” for “Arkansas Lottery Commission Legislative Oversight Committee” in (a)(2), (d)(3), and throughout (g).

The 2015 amendment by No. 1258 deleted former (a)(2); and substituted “Legislative Council” for “Arkansas Lottery Legislative Oversight Committee” in (d)(3), and throughout (g).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in the section heading and throughout the section; and substituted “Division of Elementary and Secondary Education” for “Department of Education” twice in (d)(1).

6-85-206. Basic eligibility requirements.

The basic requirements for an applicant to be eligible for an award from the Arkansas Academic Challenge Scholarship Program — Part 2 are:

    1. The applicant has been an Arkansas resident for at least the twelve (12) months immediately preceding the date the applicant will enroll in an approved institution of higher education.
    2. If the applicant is less than twenty-one (21) years of age, either the applicant or a parent or guardian of the applicant shall have maintained Arkansas residency for at least the twelve (12) months immediately preceding the date the applicant will enroll in an approved institution of higher education.
      1. To be considered an Arkansas resident, an applicant shall demonstrate residency by evidence deemed sufficient to the Division of Higher Education.
      2. Evidence of residency may include without limitation information provided by the applicant on the Free Application for Federal Student Aid (FAFSA) or a subsequent application required by the United States Department of Education for federal financial aid.
    3. During the twelve (12) months immediately preceding the date an applicant will enroll in an approved institution of higher education if the person for whom the twelve-month period is calculated under subdivision (1)(A) or subdivision (1)(B) of this section is deployed outside of Arkansas under military orders, the division shall calculate the twelve (12) months by:
      1. Excluding months of military deployment outside of Arkansas that are within the twelve (12) months immediately preceding the date the applicant will enroll in an approved institution of higher education; and
      2. Including months the person maintained Arkansas residency immediately preceding the military deployment outside of Arkansas;
  1. The applicant is a citizen of the United States or is a lawful permanent resident;
    1. The applicant is accepted for admission as a full-time student or part-time student at:
      1. An approved institution of higher education in a program of study that leads to or is creditable toward:
        1. A baccalaureate degree;
        2. An associate degree;
        3. A certificate from a qualified certificate program; or
        4. A graduate-level or professional degree; or
      2. An approved school of nursing in a program of study that leads to a nursing diploma under § 6-85-213.
    2. A full-time student shall enroll in at least twenty-seven (27) semester hours the first academic year and thirty (30) semester hours per academic year thereafter or the equivalent, as described in this subchapter, or the equivalent as defined by the division.
    3. A part-time student shall complete at least six (6) semester hours but less than the minimum number of semester hours for a full-time student, as defined by the division;
  2. The applicant has not met the maximum continuing education eligibility requirements under § 6-85-210;
  3. The applicant does not owe a refund on a federal or state student financial aid grant for higher education;
  4. The applicant is not in default on a state or federal student financial aid loan for higher education;
  5. The applicant has not borrowed, as determined by the approved institution of higher education to be attended, in excess of the annual loan limits of the William D. Ford Federal Direct Loan Program in the same academic year for which the student has applied for assistance under this subchapter;
  6. The applicant is not incarcerated at the time of the application for or during the time the applicant receives a scholarship under this subchapter;
  7. The applicant has complied with United States Selective Service System requirements for registration;
  8. The applicant has completed and submitted to the United States Department of Education a Free Application for Federal Student Aid (FAFSA) or a subsequent application required by the United States Department of Education for federal financial aid; and
  9. The applicant certifies that he or she is drug-free and pledges in writing on the application form to refrain from the use or abuse of illegal substances in order to become eligible and maintain eligibility for this program.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2009, No. 1405, § 4; 2010, No. 265, § 5; 2010, No. 294, § 5; 2011, No. 207, § 6; 2013, No. 1173, §§ 5, 6; 2017, No. 597, § 2; 2019, No. 692, § 14; 2019, No. 910, §§ 2160-2162.

Amendments. The 2009 amendment rewrote (3)(A).

The 2010 amendment by identical acts Nos. 265 and 294 redesignated former (1)(B) as (1)(C)(i) and (ii); redesignated part of former (1)(A) as present (1)(B); rewrote (1)(B); and substituted “Evidence of residency may include” for “including” in (1)(C)(ii).

The 2011 amendment redesignated former (4) as (4)(A) and (4)(A)(i); and added (4)(A)(ii) and (4)(B).

The 2013 amendment added (1)(D) and rewrote (4).

The 2017 amendment added (3)(A)(i) (d)

The 2019 amendment by No. 692, in (7), substituted “William D. Ford Federal Direct Loan Program” for “Federal Family Educational Loan Program Systems, William D. Ford Federal Direct Loan Program, Income Contingent Loan Demonstration Program, Stafford Loan Program, Parent Loan for Undergraduate Students Program, or Supplemental Loan for Students Program”.

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” throughout the section.

6-85-207. Additional eligibility requirements for traditional students.

In addition to the requirements of § 6-85-206, an applicant is eligible as a traditional student if the applicant:

    1. Graduated from an Arkansas public high school and has a minimum superscore of nineteen (19) on the ACT or the equivalent score on an ACT equivalent.
    2. The Division of Higher Education shall promulgate rules in consultation with ACT, Inc. to determine the mechanism for calculating and disseminating an applicant's superscore on the ACT;
  1. Has a disability identified under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on July 1, 2009, and graduated from an Arkansas public high school, and either:
    1. Had a minimum composite score of nineteen (19) on the ACT or the equivalent score on an ACT equivalent; or
    2. Scored proficient or higher on all state-mandated end-of-course assessments, including without limitation end-of-course assessments on:
      1. Algebra I;
      2. Geometry;
      3. Biology; and
      4. Literacy;
  2. Achieved a minimum superscore of nineteen (19) on the ACT or the equivalent score on an ACT equivalent and:
    1. Graduated from a private high school, an out-of-state high school, or a home school high school; or
    2. In the year in which the student would have been a junior or senior in high school, completed the requirements for high school graduation and obtained a high school equivalency diploma approved by the Adult Education Section instead of receiving a diploma; or
  3. Meets the following criteria:
    1. Was enrolled at an institution of higher education in the immediately preceding academic year as a full-time, first-time freshman;
    2. Did not receive a scholarship under this subchapter as a full-time, first-time freshman;
    3. Successfully completed at least twenty-seven (27) semester hours of courses as a full-time, first-time freshman; and
    4. Achieved a postsecondary grade point average of at least 2.5 on a 4.0 scale as a full-time, first-time freshman.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2009, No. 1405, §§ 5-8; 2010, No. 265, § 6; 2010, No. 294, § 6; 2011, No. 207, § 7; 2013, No. 1263, § 2; 2015, No. 1105, § 2; 2015, No. 1115, § 19; 2017, No. 315, § 1; 2017, No. 719, § 2; 2019, No. 549 §§ 2, 3; 2019, No. 910, § 2163.

Publisher's Notes. Acts 2017, No. 719, § 2 specifically amended this section as amended by Acts 2017, No. 315, § 1.

Amendments. The 2009 amendment deleted (1)(B)(ii)(4); in (2), deleted “whether or not 12 the applicant completed the Smart Core curriculum” following “first attempt” and “either” at the end; added present (2)(A); redesignated (2)(A) as (2)(B); rewrote (2)(B), (3)(B)(iv), and (4); and made punctuation changes.

The 2010 amendment by identical acts Nos. 265 and 294, in the introductory language of (2), added “Effective January 1, 2011” at the beginning, inserted “in the year of the applicant's graduation,” deleted “annually” preceding “identified,” substituted “state-mandated” for “the,” and inserted “for the related course.”

The 2011 amendment deleted former (2) and redesignated the remaining subdivisions accordingly.

The 2013 amendment rewrote (3).

The 2015 amendment by No. 1105 rewrote (1); deleted “but did not complete the Smart Core curriculum because the applicant’s individualized education program under § 6-41-217 did not require it, achieved a high school grade point average of at least 2.5” following “public high school” in the introductory language of (2); and deleted “Beginning with the 2013-2014 school year” at the beginning of (2)(B)(iv).

The 2015 amendment by No. 1115 substituted “high school equivalency diploma approved by the Department of Career Education” for “Certificate of General Educational Development” in (3)(B).

The 2017 amendment by No. 315 added (4) and made stylistic changes.

The 2017 amendment by No. 719 deleted “in consecutive semesters, not including a summer term” following “courses” in (4)(C).

The 2019 amendment by No. 549 added the (1)(A) designation; substituted “superscore” for “composite score” in (1)(A); added (1)(B); and substituted “superscore” for “composite score” in the introductory language of (3).

The 2019 amendment by No. 910 substituted “Adult Education Section of the Division of Workforce Services” for “Department of Career Education” in (3)(B).

Effective Dates. Acts 2015, No. 1105, § 8: July 1, 2016. Effective date clause provided: “Sections 1 through 5 of this act are effective on July 1, 2016.”

6-85-208. Additional eligibility requirements for a nontraditional student.

An applicant is eligible as a nontraditional student if, in addition to the requirements of § 6-85-206, the applicant meets one (1) of the following requirements:

  1. If the applicant has not been enrolled in an approved institution of higher education, has either:
    1. Graduated from an Arkansas public high school and achieved a 2.5 high school grade point average; or
      1. Graduated from an Arkansas public high school, a private high school, an out-of-state high school, a home school high school, or obtained a high school equivalency diploma approved by the Adult Education Section and had a superscore of nineteen (19) on the ACT or the equivalent score on an ACT equivalent.
      2. The Division of Higher Education shall promulgate rules in consultation with ACT, Inc. to determine the mechanism for calculating and disseminating an applicant's superscore on the ACT; or
  2. If the applicant has been enrolled in an approved institution of higher education, has earned a postsecondary grade point average of at least 2.5.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2009, No. 1405, §§ 9, 10; 2010, No. 265, § 7; 2010, No. 294, § 7; 2011, No. 207, § 8; 2015, No. 1115, § 20; 2017, No. 1008, § 5; 2019, No. 549, § 4; 2019, No. 910, § 2164.

Amendments. The 2009 amendment rewrote (b).

The 2010 amendment by identical acts Nos. 265 and 294 deleted (b); inserted “public” in (1); added present (2); redesignated former (2) and (3) as (2)(A) and (2)(B)(i), respectively; added (2)(B)(ii); and inserted “per course” following “credit” in (2)(B)(i).

The 2011 amendment added “but has not successfully…subdivision (2)(B) of this section” following “grade point average” in (1); in (2)(B)(i), inserted “successfully” and deleted “approved” preceding “institution.”

The 2015 amendment substituted “high school equivalency diploma approved by the Department of Career Education” for “Certificate of General Educational Development” in (2).

The 2017 amendment rewrote the section.

The 2019 amendment by No. 549 added the (1)(B)(i) designation; substituted “superscore” for “composite score” in (1)(B)(i); and added (1)(B)(ii).

The 2019 amendment by No. 910 substituted “Adult Education Section of the Division of Workforce Services” for “Department of Career Education” in (1)(B) [now (1)(B)(i)].

6-85-209. Additional eligibility requirements for a current achiever student.

  1. In addition to the requirements of § 6-85-206, an applicant is eligible as a current achiever student if the applicant:
    1. Entered postsecondary education before the 2010-2011 academic year:
      1. As a full-time first-time freshman student; and
      2. Within twelve (12) months after graduating high school; and
    2. At the time of applying for the scholarship:
        1. Has been continuously enrolled at an institution of higher education as a full-time student.
        2. In calculating continuous enrollment under this section, the Division of Higher Education may include one (1) or more courses taken during the summer that meet the criteria for a course under subdivision (a)(2)(B)(ii) of this section;
        1. Has successfully completed at least twelve (12) semester hours of courses granting three (3) or more hours of credit per course at an approved institution of higher education.
        2. A course granting less than three (3) hours of credit may be counted toward the twelve (12) semester hours under this subdivision (2)(B) if it is related to a credit course required for a degree; and
      1. Has achieved a postsecondary grade point average of at least 2.5.
  2. The division may waive the requirements of subdivision (a)(1)(B) or subdivision (a)(2) of this section for eligibility under this section if an applicant does not meet those eligibility requirements due to the applicant's full-time duty in the active uniformed service of the United States, including members of the National Guard and reserve components of the United States Armed Forces on active duty or state active duty orders.
  3. This section also applies to an applicant who:
    1. Applied for a scholarship as a current achiever in the 2010-2011 academic year;
    2. Did not meet the eligibility requirements for a current achiever based on the continuous enrollment requirement of subdivision (a)(2) of this section as it existed on June 1, 2010; and
    3. Either:
      1. Received a scholarship under § 6-85-208 as a nontraditional student; or
      2. Did not receive a scholarship under this subchapter.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2010, No. 265, § 8; 2010, No. 294, § 8; 2011, No. 207, § 9; 2019, No. 462, § 5; 2019, No. 910, §§ 2165, 2166.

Amendments. The 2010 amendment by identical acts Nos. 265 and 294 rewrote the section.

The 2011 amendment added the (a) designation; added the (a)(2)(A)(i) designation; inserted (a)(2)(A)(ii); inserted “successfully” in (a)(2)(B)(i); and added (b) and (c).

The 2019 amendment by No. 462 inserted “or state active duty” in (b).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (a)(2)(A)(ii); and, in (b), substituted “division” for “department” and made stylistic changes.

6-85-210. Continuing eligibility.

      1. A recipient who meets continuing eligibility criteria under this subchapter shall receive a scholarship for one (1) academic year renewable annually until the recipient has earned one hundred twenty (120) semester credit hours.
      2. A recipient may continue to receive a scholarship after he or she has earned one hundred twenty (120) semester credit hours, but not more than one hundred thirty (130) semester credit hours, if the student is enrolled in a baccalaureate degree program that requires more than one hundred twenty (120) semester credit hours as provided under § 6-61-232.
    1. A semester in which a student withdraws or fails to complete the number of credit hours for which the student first enrolled is counted toward the maximum number of semesters for which the student may receive a scholarship award under this subchapter.
    2. The maximums under this subsection apply to any degree program, regardless of whether or not the degree program requires additional semesters.
    3. A recipient may attend summer terms at the student's own expense to earn credit hours necessary to maintain eligibility for a scholarship under this subchapter.
  1. To maintain eligibility for an Arkansas Academic Challenge Scholarship under this subchapter, a recipient shall meet the following requirements:
    1. A recipient shall continue to meet the eligibility requirements of this subchapter while a recipient of a scholarship under this subchapter;
        1. A recipient shall meet the satisfactory academic progress standards required to receive other financial aid at the approved institution of higher education where the recipient is enrolled, as determined by the Division of Higher Education in conjunction with the institution of higher education where the recipient is enrolled.
          1. A recipient who does not successfully complete any credit hours toward degree completion in a semester in which he or she received a scholarship under this subchapter immediately forfeits the remainder of the scholarship award for that academic year.
          2. The division shall notify the recipient of the loss of eligibility under this subdivision (b)(2)(A)(ii).
        2. By accepting scholarship funds under this subchapter, the receiving institution certifies that students will be enrolled in courses that will meet satisfactory academic progress standards leading toward a certificate, an associate degree, a nursing diploma, a baccalaureate degree, or a graduate-level or professional degree.
      1. The division may approve a leave of absence for a reason that includes without limitation:
        1. A medical condition of the student or a member of the student’s immediate family that, on the basis of a physician’s good-faith judgment, necessitates the student or the student’s immediate family member to be hospitalized or receive outpatient or home-based medical care or recuperation until released by the attending physician;
        2. A personal or family emergency that requires the student to:
          1. Attend the funeral of an immediate family member; or
          2. Visit a relative of the student if the relative has a medical condition in which death is possible or imminent;
        3. Military service under § 6-61-112;
          1. A commitment for twelve (12) to twenty-four (24) months of service in a national or international humanitarian project sponsored by a nonprofit corporation organized with a charitable or educational purpose.
          2. The student’s commitment shall be expressed in a written agreement with the nonprofit organization including the terms of completion for the student’s service on the related project.
          3. The division shall release a scholarship hold if the division determines that the student did not complete the commitment under the written agreement; or
        4. Any other reason approved by the division;
    2. A recipient who enrolls in one (1) or more remedial courses shall complete all remedial courses required by the approved institution of higher education by the time the student completes the first thirty (30) semester hours attempted after receiving the scholarship;
    3. A recipient shall earn a postsecondary grade point average of 2.5 or higher at an approved institution of higher education;
    4. A recipient shall enroll in courses that lead toward a baccalaureate degree or graduate-level or professional degree after attempting the lesser of:
      1. Five (5) semesters; or
      2. The completion of an associate degree program; and
    5. A recipient shall meet any other continuing eligibility criteria established by the division.
    1. A traditional student recipient who loses eligibility for a scholarship may apply as a first-time nontraditional student.
    2. A recipient under subdivision (c)(1) of this section who loses eligibility for the nontraditional student scholarship is not eligible to apply for a scholarship under any eligibility provision of this subchapter.
  2. If a recipient is subject to losing a scholarship under subsection (c) of this section due to a catastrophic event experienced by the recipient or a family member of the recipient, the division may waive the requirements of this section and determine the appropriate requirements for the recipient to either retain or regain the scholarship.

History. Acts 2009, No. 605, § 4; 2009, No 606, § 4; 2009, No. 1405, §§ 11-14; 2010, No. 265, §§ 9, 10; 2010, No. 294, §§ 9, 10; 2011, No. 207, §§ 10, 11; 2013, No. 1106, § 1; 2013, No. 1173, §§ 7-9; 2015, No. 1250, § 1; 2017, No. 597, §§ 3-5; 2017, No. 719, §§ 3, 4; 2019, No. 910, §§ 2167-2173.

A.C.R.C. Notes. Acts 2013, No. 1106, § 1, omitted subdivision (b)(2)(B) of this section without specifically repealing it.

Amendments. The 2009 amendment inserted “transcript” in (a)(2)(A) and (a)(3); inserted “a nursing diploma” in (b)(2)(A)(ii); deleted “be” following “shall” in the introductory language of (b)(5); and inserted “or number of completed credit hours” in (c)(1).

The 2010 amendment by identical acts Nos. 265 and 294 repealed (b)(2)(C); and substituted “in an academic year” for “only” at the end of (c)(1).

The 2011 amendment rewrote (b)(2)(B); and inserted “successfully” throughout (c) and (d); and substituted “Successfully complete” for “Complete” in (c)(2)(A)(i) and (c)(2)(B)(i).

The 2013 amendment by No. 1106 subdivided and rewrote (b)(2)(A)(ii) and redesignated the remaining subdivisions accordingly.

The 2013 amendment by No. 1173, in (a), redesignated subdivisions; deleted former (a)(2)(B); substituted “Has enrolled in” for “Attempts a transcript total of one hundred thirty (130) semester hours in” twice; and added current subdivisions (2) and (3); in (b)(5)(A), substituted “Five (5) semesters” for “Sixty six (66) semester hours”; deleted “unless the number of hours required to complete the associate degree program exceeds sixty six (66) semester hours, in which case the higher number of hours for completion shall be used for this subdivision (b)(5)” from the end of (b)(5)(B); redesignated (c)(1) as (c)(1)(A) and added “only” and “in which the student became ineligible” in the first sentence of (c)(1)(A); added (c)(1)(B) through (c)(3) and redesignated the remaining subdivisions accordingly; substituted “department under subsection (d) of this section” for “Department of Higher Education” in (c)(4); inserted “As a traditional or nontraditional” and “the student” in (c)(4)(A)(i); added (c)(4)(A)(ii); inserted “As a nontraditional“ and “the student” in (c)(4)(B); and deleted former (d), redesignated former (e) as present (d) and deleted the reference to former subsection (d).

The 2015 amendment rewrote (a)(1).

The 2017 amendment by No. 597 rewrote (a)(1); added “or a graduate-level or professional degree” at the end of (b)(2)(A)(iii); and substituted “degree or graduate-level or professional degree” for “degree program” in (b)(5).

The 2017 amendment by No. 719 added (a)(4); and rewrote (c).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (b)(2)(A)(i); and substituted “division” for “department” throughout the section.

6-85-211. Literacy tutoring.

  1. As an additional component to the Arkansas Academic Challenge Scholarship Program:
    1. Each applicant for the scholarship shall agree that for each year the scholarship is awarded he or she may volunteer to serve as a literacy tutor for a minimum of twenty (20) clock hours each semester in a public school or a faith-based educational institution serving students in prekindergarten through grade six (preK-6);
    2. A recipient who agrees to volunteer as a literacy tutor:
      1. Shall complete the prerequisite training in literacy and college readiness skills provided under this section before he or she begins tutoring; and
      2. May receive college credit for the tutoring as determined by the institution of higher education where the recipient is enrolled; and
    3. An enrolled college student who participates in the tutorial program and fails to meet the academic eligibility requirement under this subchapter for the fall or spring semester shall be given the probationary opportunity during the subsequent spring or summer term to continue his or her education and improve academic performance before losing scholarship funding in the subsequent semester.
  2. A recipient who agrees to volunteer as a literacy tutor under this section shall receive the prerequisite training in literacy and college readiness from an approved institution of higher education based on training modules developed by the Division of Elementary and Secondary Education.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2019, No. 910, § 2174.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (b).

6-85-212. Scholarship award amounts.

  1. The General Assembly may use net proceeds from the state lottery to fund the scholarships awarded under this subchapter and to supplement the state-supported student financial assistance that the General Assembly determines is necessary to meet the state's objective for broadening and increasing access of Arkansas citizens to higher education.
  2. Net proceeds from the state lottery used to fund scholarships under this subchapter shall:
    1. Be used exclusively for the purposes set out in Arkansas Constitution, Amendment 87, and this subchapter; and
    2. Supplement and shall not supplant nonlottery state educational resources.
  3. It is the General Assembly's intent that before increasing award amounts for scholarships under this subchapter, the number of scholarships awarded to nontraditional students under § 6-85-208 be increased.
  4. The scholarships established under this subchapter are subject to available funding and do not create for any student an entitlement to financial assistance to enable the student's attendance at an approved institution of higher education.
      1. Beginning with the 2016-2017 academic year, the scholarship award amount under this subchapter for an academic year for a full-time recipient enrolled in a four-year approved institution of higher education is:
        1. One thousand dollars ($1,000) for a recipient who has earned less than twenty-seven (27) semester credit hours;
        2. Four thousand dollars ($4,000) for a recipient who has earned at least twenty-seven (27) semester credit hours but less than fifty-seven (57) semester credit hours;
        3. Four thousand dollars ($4,000) for a recipient who has earned at least fifty-seven (57) semester credit hours but less than eighty-seven (87) semester credit hours; and
          1. Five thousand dollars ($5,000) for a recipient who has earned at least eighty-seven (87) semester credit hours but no more than one hundred twenty (120) semester credit hours unless the recipient is enrolled in a baccalaureate degree program that requires more than one hundred twenty (120) semester credit hours, but not more than one hundred thirty (130) semester credit hours, as provided under § 6-61-232, then up to the number of credit hours required to complete the baccalaureate program.
          2. A recipient shall receive no more than one (1) year of the scholarship provided under subdivision (e)(1)(A)(iv)(a) of this section unless the recipient is enrolled in a baccalaureate degree program that requires more than one hundred twenty (120) semester credit hours as provided under § 6-61-232.
            1. A recipient who is eligible to receive the scholarship under subdivision (e)(1)(A)(iv)(a) of this section may receive the scholarship while enrolled in a semester as a part-time student.
            2. The scholarship amount for the semester in which a recipient is enrolled as a part-time student under subdivision (e)(1)(A)(iv)(c)(1) of this section shall be prorated by the number of credit hours in which the recipient is enrolled.
              1. A two-year approved institution of higher education;
              2. A branch campus of a four-year approved institution of higher education; or
              3. An approved nursing school.
      2. The Division of Higher Education shall not accept new applications for scholarships for current achiever students under § 6-85-209 after June 1, 2012.
        1. To determine the correct scholarship award amount based on credit hours, a first-time recipient shall submit a current college or university transcript if the first-time recipient has earned any semester credit hours to the division no later than a date determined by the division prior to the academic year for which the first-time recipient will receive an initial scholarship award.
        2. A first-time recipient who does not submit a transcript to the division on or before June 1 shall receive the award amount under subdivision (e)(1)(A)(i) of this section.
        1. An applicant may elect for the earned semester credit hours under subdivision (e)(1)(A) of this section to be only those semester credit hours earned after graduating from high school or obtaining a high school equivalency diploma approved by the Adult Education Section.
        2. If an applicant makes the election under subdivision (e)(1)(D)(i) of this section, any semester credit hours earned through concurrent credit or any other method before graduating high school or obtaining a high school equivalency diploma approved by the Adult Education Section shall not be counted as earned semester credit hours for the purposes of determining a recipient's scholarship award amount under subdivision (e)(1)(A) of this section.
      1. The division shall award an aggregate amount of scholarship awards to nontraditional students beginning with the 2017-2018 academic year of up to fifteen million dollars ($15,000,000).
        1. The division shall return to the Office of the Arkansas Lottery the excess funding, if any, for scholarship awards under this subchapter the division received under § 23-115-801.
        2. The office shall deposit any funds received from the division under this subdivision (e)(2)(B) into a trust account established under § 23-115-801(b).
      2. Priority for scholarships awarded to nontraditional students and current achiever students is based on:
        1. The applicant's level of progress toward completion of a certificate, an associate degree, a nursing diploma, a baccalaureate degree, or a graduate-level or professional degree; or
        2. Other criteria established by the division.
    1. The scholarship award for an academic year for a full-time student enrolled in one (1) of the following institutions of higher education is one thousand dollars ($1,000) for the first year and three thousand dollars ($3,000) for the second year:
    2. The scholarship award amount for a part-time student recipient shall be:
      1. One-half (½) of the award amount for a full-time student recipient, if the recipient is enrolled in at least six (6) semester hours but less than nine (9) semester hours; or
      2. Three-quarters (¾) of the award amount for a full-time student recipient, if the recipient is enrolled in at least nine (9) semester hours but less than the number of hours required for a full-time student recipient.
    3. A current recipient who maintains eligibility for the scholarship under this subchapter shall continue to receive the scholarship award amount first awarded to the recipient.
    4. The division shall give priority for a scholarship award to a full-time or part-time student:
      1. Who meets the eligibility requirements under this subchapter; and
      2. Whose parent, by birth or legal adoption:
        1. Was a resident of the State of Arkansas at the time that person entered the service of the United States Armed Forces or whose official residence is in Arkansas; and
        2. Was a member of the United States Armed Forces who was killed while performing military duty:
          1. In a status identified under 32 U.S.C. § 101 et seq. or 10 U.S.C. § 101 et seq. as they existed on January 1, 2011; or
          2. In state active duty status.
  5. Annually by December 15, the Legislative Council shall provide to the General Assembly its recommendations for any changes to the:
    1. Award amounts;
    2. Number or type of scholarships; and
    3. Eligibility requirements.
  6. It is the intent of the General Assembly that in determining award amounts under this subchapter the General Assembly will consider whether sufficient funds will be available to pay for scholarship awards through the anticipated completion of the degree or certificate a recipient is seeking.
  7. All awards under this subchapter are subject to the prohibition under § 6-80-105 against using public funds in a student financial package in excess of the recognized cost of attendance at the institution where the student is enrolled.
    1. If the division has less than a sufficient amount from net proceeds from the state lottery to provide for the scholarship commitments under this subchapter, the division shall give priority for continued financial support under this subchapter to a student with continuing eligibility superior to first-time applicants.
    2. If the funding is insufficient to fully fund the scholarships for students with continuing eligibility created under this subchapter, the division shall award scholarships based upon the following criteria to students with continuing eligibility as follows:
      1. First, to students who have the highest level of progress toward completion of a certificate, an associate degree, a baccalaureate degree, or a graduate-level or professional degree, and who are enrolled in a program of study that is:
        1. In an area of critical workforce need as determined by the division; or
        2. In a science, technology, engineering, or mathematics field;
      2. Second, to students who have the highest level of progress toward completion of a certificate, an associate degree, a baccalaureate degree, or a graduate-level or professional degree, and who are enrolled in a program of study other than those listed in subdivision (i)(2)(A) of this section; and
      3. Last, in the event funding is insufficient to fully fund students under subdivision (i)(2)(A) or subdivision (i)(2)(B) of this section, to students who have the highest postsecondary grade point average.
      1. If, after funding all students with continuing eligibility under this section, funding is insufficient to fund all qualified first-time applicants, the division shall award scholarships to first-time applicants in order of priority based upon the applicants' ACT superscore or ACT-equivalent superscore.
      2. If, after prioritizing first-time applicants based upon the applicants' ACT or ACT equivalent scores, funding is insufficient to fund all applicants with like ACT or ACT equivalent scores, the division shall determine who receives an award by random drawing.
  8. [Repealed.]

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2009, No. 1405, §§ 15-22; 2010, No. 265, §§ 11-13; 2010, No. 294, §§ 11-13; 2011, No. 207, §§ 12-14; 2011, No. 825, § 1; 2011, No. 1180, § 1; 2013, No. 234, §§ 1-3; 2015, No. 218, §§ 8-10; 2015, No. 1105, §§ 3-6; 2015, No. 1250, §§ 2, 3; 2015, No. 1258, §§ 8, 9; 2017, No. 597, §§ 6-12; 2017, No. 613, §§ 1, 2; 2017, No. 1008, § 6; 2017, No. 1041, § 1; 2018, No. 197, § 45; 2019, No. 549, § 5; 2019, No. 834, § 2; 2019, No. 910, §§ 2175-2181.

A.C.R.C. Notes. Pursuant to § 1-2-207, subdivision (e)(1) of this section is set out above as amended by Acts 2015, No. 1250, §§ 2, 3. Subdivision (e)(1) of this section was also amended by Acts 2015, No. 1105, § 3 to read as follows:

“(e)(1)(A) Beginning with the 2016-2017 academic year, the scholarship award amount under this subchapter for an academic year for a full-time recipient enrolled in a four-year approved institution of higher education is:

“(i) One thousand dollars ($1,000) for a recipient in his or her freshman year;

“(ii) Four thousand dollars ($4,000) for a recipient in his or her sophomore year;

“(iii) Four thousand dollars ($4,000) for a recipient in his or her junior year; and

“(iv) Five thousand dollars ($5,000) for a recipient in his or her senior year.

“(B) The Department of Higher Education shall not accept new applications for scholarships for current achiever students under § 6-85-209 after June 1, 2012.”

Acts 2015, No. 1250, § 4, provided: “For the 2015-2016 school year, a student participating in the Arkansas Academic Challenge Scholarship Program — Part 2 may elect to be subject to the provisions of § 6-85-212(e)(1)(A) in effect for the 2016-2017 school year and thereafter.”

Acts 2015, No. 1258, § 1, provided: “LEGISLATIVE FINDINGS.

The General Assembly finds:

“(1) Amendment 92 to the Arkansas Constitution states in part: ‘The General Assembly may provide by law for the review by a legislative committee of administrative rules promulgated by a state agency before the administrative rules become effective; and that administrative rules promulgated by a state agency shall not become effective until reviewed and approved by the legislative committee charged by law with the review of administrative rules under subdivision (a)(1) of this section’;

“(2) As Amendment 92 does not define the term ‘state agency’, the General Assembly may establish a definition by law as part of its implementation of Amendment 92;

“(3) The General Assembly at this time wishes to exclude the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education from the definition of ‘state agency’ applied to the implementation of Amendment 92; and

“(4) The General Assembly or the Legislative Council reserve the right to amend the definition of ‘state agency’ in the future to include one (1) or all of the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education.”

Publisher's Notes. Acts 2015, No. 1258, §§ 8, 9 specifically amended this section as amended by Acts 2015, No. 218.

Acts 2017, No. 1041, § 1 specifically amended this section as amended by Acts 2017, No. 597, § 8.

Amendments. The 2009 amendment deleted the (a)(1) designation; made a grammatical correction in (a); inserted “nursing diploma” in (e)(2)(B); rewrote (e)(4); redesignated the second occurrences of (c) through (g) as (f) through (j); deleted “made in July of the immediately preceding calendar year” at the end of (g); and added (k).

The 2010 amendment by identical acts Nos. 265 and 294 deleted “and to students near completion under § 6-85-209” near the end of (c); added (e)(1)(B) and (C); rewrote (e)(1)(A); inserted present (e)(2)(B) and redesignated former (e)(2)(B) as (e)(2)(C); in (e)(2)(A), substituted “department” for “Department of Higher Education” and “of twelve million dollars ($12,000,000), excluding any funding for nontraditional student scholarships under subdivision (e)(1)(C) of this section” for “up to eight million dollars (8,000,000)”; inserted “and current achiever students” in (e)(2)(C); redesignated former (f)(1)(A)-(C) as (f)(1)-(3); deleted former (f)(2) and (g); redesignated former (h)-(k) as present (g)-(j); in (g), substituted “It is the intent of the General Assembly that in determining award amounts under this subchapter the General Assembly will consider whether” for “The department shall ensure that,” substituted “will be” for “remain,” and deleted “and report the balance of those funds to the General Assembly before the amount of awards under this subchapter are increased by the General Assembly” from the end; and, in (i)(1), inserted “from net proceeds from the state lottery,” substituted “funds from any” for “the department's,” inserted “made to the department,” and added “before requesting funds from the Scholarship Shortfall Reserve Trust Account under § 23-115-802” at the end.

The 2011 amendment by No. 207 substituted “one (1) of the following institutions” for “a two-year approved institution” in (e)(3); added (e)(3)(A) through (e)(3)(C); substituted “Annually by December 15” for “By November 1 of each year” in the introductory language of (f); deleted “first shall use funds from any Scholarships and Grants Contingency Appropriation made to the department to fund the shortfall before requesting funds from the Scholarship Shortfall Reserve Trust Account under § 23-115-802” at the end of (i)(1); and redesignated former (i)(3) as present (i)(2).

The 2011 amendment by No. 825 added (e)(5).

The 2011 amendment by No. 1180, in (e)(1)(A), inserted “Beginning with the 2011-2012 academic year” and substituted “four thousand five hundred dollars ($4,500)” for “five thousand dollars ($5,000)”; deleted former (e)(1)(B) and (e)(1)(C); deleted “excluding any funding for nontraditional student scholarships under subdivision (e)(1)(C) of this section” at the end of (e)(2)(A); and inserted (e)(5).

The 2013 amendment, in the introductory language of (e)(1)(A), substituted “2013-2014” for “2011-2012” and deleted “four thousand five hundred dollars ($4,500)” at the end; added (e)(1)(A)(i) through (e)(1)(A)(iv); redesignated former (e)(2)(A) as (e)(2)(A)(i), and added (e)(2)(A)(ii); and rewrote the introductory language of (e)(3).

The 2015 amendment by No. 218 substituted “Office of the Arkansas Lottery” for “Arkansas Lottery Commission” in (e)(2)(B)(i); substituted “office” for “commission” in (e)(2)(B)(ii); substituted “Arkansas Lottery Legislative Oversight Committee” for “Arkansas Lottery Commission Legislative Oversight Committee” in the introductory language of (f) and in (j); and, in (j), deleted “there exist” preceding “sufficient” and inserted “exist” following “proceeds.”

The 2015 amendment by No. 1105, §§ 4-6, inserted “up to” preceding “sixteen million” in (e)(2)(A)(ii); substituted “one thousand dollars ($1,000) for the first year and three thousand dollars ($3,000) for the second year” for “two thousand dollars ($2,000)” in (e)(3); substituted “student with” for “recipient who has” in (i)(1); rewrote (i)(2); and added (i)(3).

The 2015 amendment by No. 1250 rewrote (e)(1)(A); and added (e)(1)(C).

The 2015 amendment by No. 1258 substituted “Legislative Council” for “Arkansas Lottery Legislative Oversight Committee” in the introductory language of (f) and in (j).

The 2017 amendment by No. 597 substituted “the scholarship” for “a five-thousand-dollar scholarship” in (e)(1)(A)(iv) (b) ; added (e)(1)(A)(iv) (c) and (e)(1)(D); rewrote (e)(2)(C); added “or a graduate-level or professional degree” in (i)(2)(A) and (i)(2)(B); substituted “Department of Higher Education” for “department” in (e)(2)(C)(ii); deleted (j); and made stylistic changes.

The 2017 amendment by No. 613 rewrote (e)(2)(A); inserted “under this subchapter” in (e)(2)(B)(i); and deleted (j).

The 2017 amendment by No. 1008, in (e)(1)(C)(i), inserted “first-time”, substituted “college or university transcript if the first-time recipient has earned any semester credit hours” for “transcript”, and substituted “a date determined by the department prior to the academic year for which the first-time recipient will receive an initial scholarship award” for “June 1 each year” at the end.

The 2017 amendment by No. 1041, in (e)(1)(D)(i), added “An applicant may elect for” at the beginning and substituted “to be only those” for “are those”; added “If an applicant makes the election under subdivision (e)(1)(D)(i) of this section” at the beginning of (e)(1)(D)(ii); and made stylistic changes.

The 2018 amendment substituted “fifteen million dollars ($15,000,000)” for “twelve million dollars ($12,000,000)” in (e)(2)(A).

The 2019 amendment by No. 549 substituted “applicants’ ACT superscore or ACT-equivalent superscore” for “applicants’ highest ACT or ACT-equivalent scores” in (i)(3)(A).

The 2019 amendment by No. 834 deleted “if the recipient is enrolled in the number of credit hours necessary to complete the recipient's degree program” at the end of (e)(1)(A)(iv) (c)(1)

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” throughout the section; and substituted “Adult Education Section of the Division of Workforce Services” for “Department of Career Education” in (e)(1)(D)(i) and (e)(1)(D)(ii).

Effective Dates. Acts 2015, No. 1105, § 8: July 1, 2016. Effective date clause provided: “Sections 1 through 5 of this act are effective on July 1, 2016.”

The amendment to subsection (i) of this section by Acts 2015, No. 1105, § 6 is effective April 6, 2015, pursuant to § 9 of Act 1105. The amendments to subsection (e) of this section by Act 1105, §§ 4, 5 are effective July 1, 2016, pursuant to § 8 of Act 1105.

6-85-213. Nursing school eligibility.

    1. The General Assembly recognizes that the State of Arkansas is experiencing a critical shortage of nurses.
    2. It is the intent of this section to allow the Division of Higher Education the opportunity, under specific circumstances, to include an approved school of nursing that would not otherwise be an approved institution of higher education in the Arkansas Academic Challenge Scholarship Program.
  1. The division shall make awards to applicants attending an approved school of nursing under this section if the recipient meets continuing eligibility requirements in § 6-85-210.
  2. The division shall pay scholarship awards under this section only from nonlottery state educational resources.

History. Acts 2009, No. 605, § 4; 2009, No 606, § 4; 2009, No. 1405, § 23; 2019, No. 910, § 2182.

Amendments. The 2009 amendment rewrote the section.

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a)(2); and substituted “division” for “department” in (b) and (c).

6-85-214. Accountability — Transparency — Legislative oversight.

  1. The General Assembly finds that:
    1. The continual evaluation of the Arkansas Academic Challenge Scholarship Program and of all state-supported scholarship and grant programs by the General Assembly is critical for maximizing the benefits to the state and its citizens of state financial aid for higher education and meeting state objectives for higher education; and
    2. Accountability and transparency in the implementation of state-supported scholarship programs are fundamental to a proper evaluation of the programs.
  2. The General Assembly finds that the collection of data and the reports required under §§ 6-85-216 — 6-85-220 and § 6-60-901 et seq. are necessary to ensure accountability and transparency.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2013, No. 1173, § 10.

Amendments. The 2013 amendment in (b) substituted “6-85-216” for “6-85-215” and added “and § 6-60-901 et seq.”

6-85-215. [Repealed.]

Publisher's Notes. This section, concerning student consent form, was repealed by Acts 2013, No. 1173, § 11. The section was derived from Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2010, No. 265, § 14; 2010, No. 294, § 14; 2011, No. 207, §§ 15, 16; 2011, No. 635, § 1.

6-85-216. Institution report to the division.

    1. An approved institution of higher education that enrolls students receiving scholarships under this subchapter annually shall provide information and semiannually provide updated information to the Division of Higher Education regarding all state-supported student financial assistance whether or not the state-supported student financial assistance is awarded under this subchapter.
    2. The information shall be provided in the form of individual student records and shall include without limitation information regarding:
      1. State-supported student financial assistance;
      2. Demographic student data; and
      3. Disaggregated data on remedial courses.
      1. An approved institution of higher education shall undertake the procedures necessary to ensure the collection and reporting of student information under this section.
      2. An approved institution of higher education may lose its approved status for receiving scholarship funds on behalf of a recipient under this subchapter if it fails to make a good-faith effort to comply with this section.
      3. In addition to the provisions of subdivision (a)(3)(B) of this section, an institution of higher education that does not comply with this section shall not be eligible to accept state aid from the Higher Education Grants Fund Account on behalf of a student.
  1. The division shall establish by rule the:
    1. Specific data required;
    2. Manner of reporting the information required; and
    3. Technology or software required for reporting.
  2. The division shall use the information provided under this section to conduct the research and analysis needed to support the annual report of the Director of the Division of Higher Education to the Legislative Council under § 6-85-205.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2013, No. 1173, § 12; 2015, No. 218, § 11; 2015, No. 1258, § 10; 2019, No. 910, § 2183.

A.C.R.C. Notes. Acts 2015, No. 1258, § 1, provided: “LEGISLATIVE FINDINGS.

The General Assembly finds:

“(1) Amendment 92 to the Arkansas Constitution states in part: ‘The General Assembly may provide by law for the review by a legislative committee of administrative rules promulgated by a state agency before the administrative rules become effective; and that administrative rules promulgated by a state agency shall not become effective until reviewed and approved by the legislative committee charged by law with the review of administrative rules under subdivision (a)(1) of this section’;

“(2) As Amendment 92 does not define the term ‘state agency’, the General Assembly may establish a definition by law as part of its implementation of Amendment 92;

“(3) The General Assembly at this time wishes to exclude the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education from the definition of ‘state agency’ applied to the implementation of Amendment 92; and

“(4) The General Assembly or the Legislative Council reserve the right to amend the definition of ‘state agency’ in the future to include one (1) or all of the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education.”

Publisher's Notes. Acts 2015, No. 1258, § 10 specifically amended this section as amended by Acts 2015, No. 218.

Amendments. The 2013 amendment added (a)(3).

The 2015 amendment by No. 218 substituted “Arkansas Lottery Legislative Oversight Committee” for “Arkansas Lottery Commission Legislative Oversight Committee” in (c).

The 2015 amendment by No. 1258 substituted “Legislative Council” for “Arkansas Lottery Legislative Oversight Committee” in (c).

The 2019 amendment substituted “division” for “department” in the section heading, in the introductory language of (b), and in (c); and substituted “Division of Higher Education” for “Department of Higher Education” in (a)(1) and (c).

6-85-217. Information provided to the Bureau of Legislative Research by the Division of Higher Education.

The Division of Higher Education shall provide the following data to the Bureau of Legislative Research through the Arkansas Higher Education Information System under § 6-60-901 et seq., for the purpose of assisting the General Assembly with evaluation and analysis under this subchapter:

  1. Existing individual student data;
  2. Institutional data;
  3. Financial data;
  4. Aggregate student scholarship and grant application and award data;
  5. Remedial course data; and
  6. Other data needed to track scholarship and grant students receiving state-supported student financial assistance from year to year.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2010, No. 265, §§ 15, 16; 2010, No. 294, §§ 15, 16; 2011, No. 207, § 17; 2013, No. 1173, § 13; 2019, No. 910, § 2184.

A.C.R.C. Notes. The 2013 amendment omitted subsections (c) through (f) without striking through the language to indicate its repeal.

Amendments. The 2010 amendment by identical acts Nos. 265 and 294 substituted “Department of Higher Education's” for “department's” in (b)(3)(A); and substituted “Department of Higher Education” for “department” in (f).

The 2011 amendment inserted “receiving state-supported student financial assistance” in (a)(1)(E); and inserted (a)(2) through (a)(5).

The 2013 amendment rewrote the section.

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in the section heading and in the introductory language.

6-85-218. [Repealed.]

Publisher's Notes. This section, concerning the creation of the advisory council, was repealed by Acts 2010, Nos. 265 and 294, § 17. The section was derived from Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2009, No. 1405, § 24.

6-85-219. Reports to legislative committees.

    1. Annually by November 1, the Division of Higher Education shall report to the Legislative Council in the manner and format that the Legislative Council requires on all state-supported student financial assistance awarded by the division and awarded by approved institutions of higher education.
    2. The information provided shall include without limitation:
      1. Current year expenditures for scholarships and grants under the Arkansas Academic Challenge Scholarship Program — Part 2;
      2. Projected obligations for succeeding years from each scholarship or grant funding source;
      3. Fund balances for the:
        1. Higher Education Grants Fund Account; and
        2. Trust accounts maintained by the Director of the Division of Higher Education to hold the net proceeds from the state lottery;
      4. An evaluation of whether the net proceeds from the state lottery available for the program supplement and do not supplant nonlottery state educational resources; and
      5. Other information that the Legislative Council or the General Assembly requests.
  1. Annually by December 1, the division shall report to the Legislative Council its recommendations for changes to the program, including without limitation:
    1. Adjustments to the eligibility requirements of the program; and
    2. Increases or decreases in the amounts awarded for a scholarship under the program based on the amount of net proceeds from the state lottery available.
  2. Annually by December 31, the division shall report to the Legislative Council the following information on recipients of the Arkansas Academic Challenge Scholarship Program — Part 2 who applied as of June 1:
    1. Race;
    2. Grade point average;
    3. Composite score on the ACT or the equivalent score on an ACT equivalent; and
    4. Family or individual income as reported on the student's Free Application for Federal Student Aid (FAFSA).

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2013, No. 1173, § 14; 2013, No. 1269, § 1; 2015, No. 218, § 12; 2015, No. 1258, § 11; 2017, No. 868, § 1; 2019, No. 910, § 2185.

A.C.R.C. Notes. Act 1173 of 2013 omitted subsections (c) and (d) without striking through the language to indicate its repeal.

Acts 2015, No. 1258, § 1, provided: “LEGISLATIVE FINDINGS.

The General Assembly finds:

“(1) Amendment 92 to the Arkansas Constitution states in part: ‘The General Assembly may provide by law for the review by a legislative committee of administrative rules promulgated by a state agency before the administrative rules become effective; and that administrative rules promulgated by a state agency shall not become effective until reviewed and approved by the legislative committee charged by law with the review of administrative rules under subdivision (a)(1) of this section’;

“(2) As Amendment 92 does not define the term ‘state agency’, the General Assembly may establish a definition by law as part of its implementation of Amendment 92;

“(3) The General Assembly at this time wishes to exclude the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education from the definition of ‘state agency’ applied to the implementation of Amendment 92; and

“(4) The General Assembly or the Legislative Council reserve the right to amend the definition of ‘state agency’ in the future to include one (1) or all of the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education.”

Publisher's Notes. Acts 2015, No. 1258, § 11 specifically amended this section as amended by Acts 2015, No. 218.

Amendments. The 2013 amendment by No. 1173 rewrote the section.

The 2013 amendment by No. 1269 added (c).

The 2015 amendment by No. 218 substituted “Arkansas Lottery Legislative Oversight Committee” for “Arkansas Lottery Commission Legislative Oversight Committee” or “committee” throughout the section; substituted “Arkansas Academic Challenge Scholarship Program — Part 2” for “program” in (a)(2)(A); substituted “a scholarship under the program” for “an Arkansas Academic Challenge Scholarship” in (b)(2); and substituted “department” for “Department of Higher Education” in (c).

The 2015 amendment by No. 1258 substituted “Legislative Council” for “Arkansas Lottery Legislative Oversight Committee” throughout the section.

The 2017 amendment substituted “November” for “August” in (a)(1).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a)(1) and (a)(2)(C)(ii); and substituted “division” for “department” in (a)(1) and the introductory language of (b) and (c).

6-85-220. Legislative Council — Annual report.

  1. The Legislative Council shall:
    1. Oversee the development and implementation of Arkansas Code requirements with regard to the Arkansas Academic Challenge Scholarship Program;
    2. Review whether and how the use of net state lottery proceeds helps to accomplish state objectives for higher education;
    3. Review the ongoing data collection, research, and evaluation of the program;
    4. Review the annual report of the Director of the Division of Higher Education under § 6-85-219;
    5. Review and recommend changes to the:
      1. Number of awards for each scholarship and grant;
      2. Award levels;
      3. Eligibility requirements; and
      4. Overall administration of the program; and
    6. Review and recommend policies for scholarships and grants funded with nonlottery state educational resources, including without limitation ways to ensure that net proceeds from the state lottery are used to supplement and not supplant nonlottery state educational resources.
  2. Annually by December 15, the Legislative Council shall report its findings and recommendations to the Office of the Arkansas Lottery, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Governor, the House Committee on Education, and the Senate Committee on Education.

History. Acts 2009, No. 605, § 4; 2009, No. 606, § 4; 2011, No. 207, § 18; 2015, No. 218, § 12; 2015, No. 1258, § 11; 2019, No. 910, § 2186.

A.C.R.C. Notes. Acts 2015, No. 1258, § 1, provided: “LEGISLATIVE FINDINGS.

The General Assembly finds:

“(1) Amendment 92 to the Arkansas Constitution states in part: ‘The General Assembly may provide by law for the review by a legislative committee of administrative rules promulgated by a state agency before the administrative rules become effective; and that administrative rules promulgated by a state agency shall not become effective until reviewed and approved by the legislative committee charged by law with the review of administrative rules under subdivision (a)(1) of this section’;

“(2) As Amendment 92 does not define the term ‘state agency’, the General Assembly may establish a definition by law as part of its implementation of Amendment 92;

“(3) The General Assembly at this time wishes to exclude the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education from the definition of ‘state agency’ applied to the implementation of Amendment 92; and

“(4) The General Assembly or the Legislative Council reserve the right to amend the definition of ‘state agency’ in the future to include one (1) or all of the Arkansas State Game and Fish Commission, the State Highway Commission, the Arkansas State Highway and Transportation Department, and institutions of higher education.”

Publisher's Notes. Acts 2015, No. 1258, § 11 specifically amended this section as amended by Acts 2015, No. 218.

Amendments. The 2011 amendment substituted “Annually by December 15” for “By November 1 of each year” in (b).

The 2015 amendment by No. 218 substituted “Arkansas Lottery Legislative Oversight Committee” for “Arkansas Lottery Commission Legislative Oversight Committee” in the section heading, in the introductory language of (a), and in (b); and substituted “Office of the Arkansas Lottery” for “Arkansas Lottery Commission” in (b).

The 2015 amendment by No. 1258 substituted “Legislative Council” for “Arkansas Lottery Legislative Oversight Committee” in the section heading, in the introductory language of (a), and in (b).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a)(4).

6-85-221. Scholarship hold.

  1. The Division of Higher Education may approve a scholarship hold for a traditional student for a period of twenty-four (24) months or less.
  2. The reasons for a scholarship hold may include without limitation:
    1. A medical condition of the student or a member of the student's immediate family that, on the basis of a physician's good-faith judgment, necessitates the student or the student's immediate family member to be hospitalized or receive outpatient or home-based medical care or to recuperate until released by the attending physician;
    2. A personal or family emergency that requires the student to:
      1. Attend the funeral of an immediate family member; or
      2. Visit a relative of the student if the relative has a medical condition in which death is possible or imminent;
    3. Military service under § 6-61-112; or
      1. A commitment of twelve (12) to twenty-four (24) months for service in a national or international humanitarian project sponsored by a nonprofit corporation organized with a charitable or educational purpose.
      2. The student's commitment shall be expressed in a written agreement with the nonprofit organization including the terms of completion for the student's service on the related project.
      3. The division shall release a scholarship hold if the division determines that the student did not complete the commitment under the written agreement.

History. Acts 2011, No. 207, § 19; 2019, No. 910, §§ 2187, 2188.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a); and substituted “division” for “department” twice in (b)(4)(C).

Subchapter 3 — Arkansas Workforce Challenge Scholarship Program

Effective Dates. Acts 2017, No. 613, § 7: Mar. 23, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this state is in need of a more educated and skilled workforce; that the Arkansas Workforce Challenge Scholarships available under this act will allow more Arkansans to pursue higher education in order to obtain a skill or better education that will lead to employment in a high-needs occupation in Arkansas; and that this act is immediately necessary to allow the funding to be in place so that Arkansas Workforce Challenge Scholarships can be awarded to Arkansans as soon as possible. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

6-85-301. Creation.

There is created the Arkansas Workforce Challenge Scholarship Program.

History. Acts 2017, No. 613, § 3.

6-85-302. Definitions.

As used in this subchapter:

  1. “Approved institution of higher education” means an institution of higher education approved by the Division of Higher Education to participate in the Arkansas Workforce Challenge Scholarship Program and that is:
    1. A state-supported two-year or four-year college or university; or
    2. A private, nonprofit two-year or four-year college or university with its primary headquarters located in Arkansas that is eligible to receive Title IV federal student aid funds; and
    1. “Certificate program” means a program that is offered or made available to a student by an approved institution of higher education that leads to the obtainment of a certification or license, including without limitation a program operated or sponsored by a third party.
    2. The credit hours or contact hours awarded for a certificate program may include credit hours or contact hours that are not creditable toward an associate or a baccalaureate degree.

History. Acts 2017, No. 613, § 3; 2019, No. 910, § 2189.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in the introductory language of (1).

6-85-303. Funding.

  1. For an academic year, the following shall be used to fund Arkansas Workforce Challenge Scholarships under this subchapter:
    1. Excess funding returned to the Office of the Arkansas Lottery under § 6-85-212(e)(2)(B)(i) from the previous academic year; and
    2. Net proceeds remaining from the previous academic year after the office:
      1. Transfers the funds requested by the Division of Higher Education under § 23-115-801(c)(2); and
      2. Deposits the amount necessary to maintain the Scholarship Shortfall Reserve Trust Account under § 23-115-802 in an amount equal to twenty million dollars ($20,000,000).
    1. A scholarship under this subchapter shall not be awarded for an academic year if:
      1. Less than two hundred fifty thousand dollars ($250,000) is available under subsection (a) of this section; or
      2. The division received a loan from the account under § 23-115-802 for the Arkansas Academic Challenge Scholarship Program — Part 2, § 6-85-201 et seq., for the previous academic year.
    2. Any funds under subsection (a) of this section that are not disbursed for scholarships under this subchapter shall be carried over to the next academic year to be used for scholarships under this subchapter.

History. Acts 2017, No. 613, § 3; 2019, No. 910, §§ 2190, 2191.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a)(2)(A); and substituted “division” for “department” in (b)(1)(B).

6-85-304. Eligibility.

  1. A student is eligible to receive an Arkansas Workforce Challenge Scholarship for an academic year if the student applies to the Division of Higher Education by a date determined by the Division of Higher Education preceding the academic year and:
    1. Is an Arkansas resident or, if the student is less than twenty-one (21) years of age, either the student or one (1) parent of the student is an Arkansas resident;
    2. Meets either of the following requirements:
      1. Graduated from a:
        1. Public high school in Arkansas or another state;
        2. Private high school in Arkansas or another state; or
        3. Home school under § 6-15-501 et seq. or recognized by another state; or
      2. Received a high school equivalency diploma approved by the Adult Education Section or another state;
    3. Is not receiving a scholarship under the Arkansas Academic Challenge Scholarship Program — Part 2, § 6-85-201 et seq.;
    4. Is accepted for admission in a program of study at an approved institution of higher education that leads to an associate degree or a certificate program in one (1) of the following high-demand fields:
      1. Industry;
      2. Health care; and
      3. Information technology; and
      1. Whose program of study or certificate program will result in the student's being qualified to work in an occupation identified by the Division of Workforce Services under subdivision (a)(5)(B)(i) of this section.
        1. The Division of Workforce Services shall provide annually to the Division of Higher Education by March 1 a list that identifies the five (5) most in-demand occupations in this state in each high-demand field under subdivision (a)(4) of this section that require the completion of a program of study that leads to an associate degree or a certificate program.
        2. The Division of Workforce Services shall publish on its website the list under subdivision (a)(5)(B)(i) of this section and data supporting the list.
    1. A student who received a scholarship under this subchapter and successfully completed a program of study or certificate program that meets the requirements under subdivision (a)(4) of this section is eligible to reapply for a scholarship under this subchapter if the student is accepted for admission in a different program of study or certificate program that meets the requirements under subdivision (a)(4) of this section.
    2. A student who received a scholarship under this subchapter and does not successfully complete the program of study or certificate program is eligible to reapply for and receive a scholarship one (1) time only.

History. Acts 2017, No. 613, § 3; 2019, No. 910, §§ 167-169.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” and “Division of Workforce Services” for “Department of Workforce Services” throughout (a); and substituted “Adult Education Section” for “Department of Career Education” in (a)(2)(B).

6-85-305. Distribution — Award amounts.

  1. If funds are available, the Division of Higher Education shall distribute Arkansas Workforce Challenge Scholarships to all students who meet the requirements under § 6-85-304.
    1. The division shall distribute scholarships from the funds available in an equal amount to every student eligible to receive a scholarship under this subchapter.
    2. Except as provided in subsection (c) of this section, the maximum scholarship award a student may receive in an academic year shall be the lesser of:
      1. Eight hundred dollars ($800); or
        1. The cost of the certificate program or program of study.
        2. The cost of a certificate program or program of study shall include:
          1. Tuition, fees, or other charges;
          2. Textbooks or other course materials; and
          3. Equipment needed for a course.
    3. The scholarship awards may be used for expenses included in the cost of the certificate program or program of study.
    4. A scholarship under this section shall be only for the academic year for which it is awarded.
    1. If the division has funds remaining after making the distributions under subsection (b) of this section, the division shall distribute scholarships to students for the summer term of the academic year.
    2. If funds are available under subdivision (c)(1) of this section, a student shall apply for a scholarship for a summer term by a date determined by the division preceding the summer term.
      1. The division shall distribute scholarships for a summer term in the same manner as under subsection (b) of this section.
      2. Scholarships for a summer term may be used in the same manner as under subsection (b) of this section.
    3. A student who received a scholarship under subsection (b) of this section may also receive a scholarship for a summer term.
  2. The division shall disburse scholarship awards on behalf of an eligible student directly to the approved institution of higher education.

History. Acts 2017, No. 613, § 3; 2019, No. 910, § 2192.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (a); and substituted “division” for “department” throughout the section.

6-85-306. Agreements between institutions.

An approved institution of higher education may enter into agreements with other institutions of higher education, including without limitation technical institutes, to allow students enrolled in the approved institution of higher education under this subchapter to take courses at the other institutions of higher education.

History. Acts 2017, No. 613, § 3; 2019, No. 692, § 15.

Amendments. The 2019 amendment substituted “subchapter” for “section”.

6-85-307. Rules.

The Division of Higher Education shall promulgate rules to implement this subchapter.

History. Acts 2017, No. 613, § 3; 2019, No. 910, § 2193.

Amendments. The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education”.

Subchapter 4 — Arkansas Concurrent Challenge Scholarship Program

6-85-401. Creation.

There is created the Arkansas Concurrent Challenge Scholarship Program.

History. Acts 2019, No. 456, § 1.

6-85-402. Definitions.

As used in this subchapter:

  1. “Approved institution of higher education” means an institution of higher education that:
    1. Is approved by the Division of Higher Education to participate in the Arkansas Concurrent Challenge Scholarship Program;
    2. Offers at least a fifty-percent discount on the tuition and mandatory fees of an endorsed concurrent enrollment course or certificate program to a student who is enrolled in an endorsed concurrent enrollment course or certificate program, unless other opportunities are provided that lower the tuition and mandatory fees below fifty percent (50%); and
    3. Is a:
      1. State-supported two-year or four-year college or university; or
      2. Private, nonprofit two-year or four-year college or university that has its primary headquarters located in Arkansas and that is eligible to receive Title IV federal student aid funds;
    1. “Certificate program” means a program that is offered or made available to a student by an approved institution of higher education that leads to the obtainment of a certification or license.
    2. “Certificate program” does not include a program that is operated or sponsored by a third party;
    1. “Endorsed concurrent enrollment course” means the same as defined in § 6-16-1202.
    2. “Endorsed concurrent enrollment course” does not include a program that is operated or sponsored by a third party; and
  2. “Student” means a person who has junior or senior status and who is enrolled at a:
    1. Public high school in Arkansas;
    2. Private high school in Arkansas; or
    3. Home school, as defined in § 6-15-501.

History. Acts 2019, No. 456, § 1.

6-85-403. Eligibility.

  1. A student is eligible to receive an Arkansas Concurrent Challenge Scholarship under this subchapter for an academic semester or academic year during which the student is enrolled in an endorsed concurrent enrollment course or certificate program if the student:
    1. Is an Arkansas resident or, if the student is less than twenty-one (21) years of age, either the student or one (1) parent of the student is an Arkansas resident; and
      1. Submits a student success plan as described under § 6-15-2911(b).
      2. The student success plan required under subdivision (a)(2)(A) of this section for a student who is enrolled in an endorsed concurrent enrollment course or certificate program shall:
        1. Be prepared in consultation with:
          1. School personnel, the student, and the student's parent or legal guardian; or
          2. A college advisor; and
        2. Include:
          1. An endorsed concurrent enrollment course or certificate program that is relevant to the student's success plan; and
          2. Measures that ensure the successful completion of the endorsed concurrent enrollment course or certificate program in which the student is enrolled.
    1. A student successfully completes an endorsed concurrent enrollment course or a course taken towards the completion of a certificate program under this subchapter if he or she completes the course or program and receives a minimum letter grade of “C” or the equivalent.
      1. A student who fails to successfully complete an endorsed concurrent enrollment course or a course taken towards the completion of a certificate program under this subchapter shall:
        1. Retain eligibility for a scholarship under this subchapter; and
        2. Enroll in only one (1) endorsed concurrent enrollment course or course required for the completion of a certificate program for the semester immediately following the semester in which the student failed to successfully complete an endorsed concurrent enrollment course or course taken towards the completion of a certificate program.
      2. However, if a student fails an endorsed concurrent enrollment course or a course taken towards the completion of a certificate program under this subchapter a second time, the student shall be ineligible to reapply for a scholarship under this subchapter.
  2. A student whose enrollment in a vocational center is reimbursable under § 6-51-305 is not eligible for a scholarship under this subchapter.

History. Acts 2019, No. 456, § 1.

6-85-404. Funding.

  1. For an academic year, Arkansas Concurrent Challenge Scholarships under this subchapter shall be funded with any funds remaining after the Division of Higher Education allocates sufficient funding to award Arkansas Workforce Challenge Scholarships under § 6-85-301 et seq., at a level equivalent to the awards made in the previous academic year.
    1. A scholarship under this subchapter shall not be awarded for an academic year if:
      1. Less than two hundred fifty thousand dollars ($250,000) is available under subsection (a) of this section; or
      2. The division received a loan from the Scholarship Shortfall Reserve Trust Account under § 23-115-802 for the Arkansas Academic Challenge Scholarship Program — Part 2, § 6-85-201 et seq., for the previous academic year.
    2. Any funds under subsection (a) of this section that are not disbursed for scholarships under this subchapter shall be carried over to the next academic year to be used for scholarships under this subchapter.

History. Acts 2019, No. 456, § 1.

6-85-405. Distribution — Award amounts.

  1. If funds are available, the Division of Higher Education shall award Arkansas Concurrent Challenge Scholarships to all students who meet the requirements under this subchapter.
    1. The division shall distribute scholarships from the funds available in an equal amount to every approved institution of higher education that has enrolled a student eligible to receive a scholarship under this subchapter.
    2. The maximum scholarship award a student may receive in an academic year shall be the lesser of:
        1. Five hundred dollars ($500).
        2. A scholarship awarded to a student who is eligible under § 6-85-403 shall be awarded in the amount of one hundred and twenty-five dollars ($125) for each endorsed concurrent enrollment credit course or certificate program in which the eligible student is enrolled, up to two (2) endorsed concurrent enrollment credit courses or certificate programs per semester; or
      1. The tuition and mandatory fees of the endorsed concurrent credit course or certificate program.
    3. A scholarship granted under this section may be awarded in addition to any funds received for the enrollment in an endorsed concurrent enrollment course under § 6-16-1204(e)(3).
    4. Unless a student's high school or community-based program provides financial assistance for the cost of tuition and mandatory fees for an endorsed concurrent enrollment course or certificate program, the remaining cost of tuition and mandatory fees for an endorsed concurrent enrollment course or certificate program is the responsibility of the eligible student who is enrolled in the endorsed concurrent enrollment course or certificate program.

History. Acts 2019, No. 456, § 1.

6-85-406. Rules.

The Division of Higher Education shall promulgate rules to implement this subchapter.

History. Acts 2019, No. 456, § 1.