005.15.09 Ark. Code R. 001

Current through Register Vol. 49, No. 10, October, 2024

Rule 005.15.09-001 - ADE 282: Rules Governing the Standards for Accreditation of Arkansas Public Schools and School Districts

1.00 REGULATORY AUTHORITY

1.01 These rules shall be known as the Arkansas Department of Education Rules Governing the Standards for Accreditation of Arkansas Public Schools and School Districts.

1.02 These rules are promulgated pursuant to Ark. Code Ann. §§ 6-11-105, 6-15-207, 25-15-201 etseq., and Acts 219, 829 and 1015 of 2007.

1.03 These rules replace previously adopted Rules Governing Standards for Accreditation of Arkansas Public Schools revised June 2008.

2.00 PURPOSE

2.01 These rules are to set forth the Standards for Accreditation of Arkansas public schools and school districts.

2.02 The purpose of these rules is to describe the process whereby Arkansas public schools or school districts will be cited or placed in probationary status for failure to meet Standards for Accreditation.

2.03 The purpose of these rules is to set forth the enforcement actions that may be applied to Arkansas public schools or school districts that fail to meet Standards for Accreditation.

3.00 DEFINITIONS - For purpose of these Rules, the following terms mean:

3.01 "Cited" - Accredited-cited status assigned to a school or school district that fails to meet any standard identified as a cited violation in these rules.

3.02 "Core academic course" means a course taught in any of the following subject areas defined by NCLB: English, Reading or Language Arts, Mathematics, Science, Foreign Language, Social Studies, Arts.

3.03 "Department" - Arkansas Department of Education.

3.04 "Enforcement action" - intervention by the State to require compliance of a school or a school district that fails to meet Standards for Accreditation of Arkansas Public Schools and School Districts.

3.05 "Highly qualified teacher" means a teacher who holds at least a Bachelor's Degree, holds full state license, and has demonstrated subject area competence in each of the core academic subjects in which the teacher teaches, and who meets such other necessary requirements as set forth in the Arkansas Department of Education Rules Governing Highly Qualified Teachers Pursuant to the No Child Left Behind Act of 2001, 20 U.S.C. § 6301 et seq.

3.06 "Probationary" - Accredited-probationary status assigned to a school or school district that fails to meet any standard identified as a probationary violation in these rules or fails to correct by the specified deadline a violation for which it acquired cited status.

3.07 "Public School District/Public School" - those school districts and schools (including open-enrollment charter schools) created pursuant to Title 6 of Arkansas Code and subject to the Arkansas Comprehensive Testing, Assessment and Accountability Program except specifically excluding those schools or educational programs created by or receiving authority to exist pursuant to Ark. Code Ann. §§ 6-15-501, 9-28-205, and 12-29-301, etseq., or other provisions of Arkansas law.

3.08 "Standards for Accreditation" - a series of requirements that specify what a school or school district shall meet in order to be fully accredited by the Arkansas Department of Education.

3.09 "State Board of Education" - Arkansas State Board of Education.

4.00 CITED STATUS

4.01 A school district, which is deemed to have failed to meet any standard defined with a cited status in these rules and is referenced as applicable to a school district, shall be assigned cited status.

4.02 A school, which is deemed to have failed to meet any standard defined with a cited status in these rules and is referenced as applicable to a school, shall be assigned cited status.

4.03 No school or school district shall maintain a cited status for violation of any particular standard for a time period greater than two (2) consecutive school years including the year the cited status is assigned, unless provided otherwise in these rules.

4.04 Any school or school district that fails to remedy itself from cited status for violation of a particular standard after a two (2) year time period shall be assigned accredited-probationary status.

4.05 For the purpose of these Rules, D means district, S means school, C means cite, P means probation, and Policy means a policy is required.

5.00 PROBATIONARY STATUS

5.01 A school district shall be assigned a probationary status which is deemed to have failed to meet any standard defined with a probationary status in these rules or was in cited status for the same violation the previous two (2) consecutive years and is referenced as applicable to a school district.

5.02 A school shall be assigned a probationary status which is deemed to have failed to meet any standard defined with a probationary status in these rules or was in cited status for the same violation the previous two (2) consecutive years and is referenced as applicable to a school.

5.03 No school or school district shall maintain a probationary status for violation of any standard for more than two (2) consecutive school years including the year the probationary status is declared.

5.04 Any school or school district that fails to remedy itself from probationary status after the two (2) year time period will be subject to mandates of Ark. Code Ann. § 6-15-207 (Act 1467 of 2003).

STANDARDS FOR ACCREDITATION OF ARKANSAS PUBLIC SCHOOLS AND SCHOOL DISTRICTS

6.00 STANDARD I EQUAL EDUCATIONAL OPPORTUNITIES

6.01 All school districts' policies and actions shall be nondiscriminatory and shall be in compliance with state and federal laws.

6.02 Pursuant to Ark. Code Ann. § 6-15-202(a) and Act 829 of 2007, all school districts which have not obtained full and complete unitary status and have been released from court supervision over desegregation obligations are strongly encouraged to seek unitary status and obtain an appropriate court order proclaiming such unitary status from the respective federal courts in which their cases have been filed.

6.03 By September 15 of each school year, any school district that has not been declared by court order to have reached complete and full unitary status shall file a report with the Arkansas Department of Education stating whether in the district's opinion the school district is unitary in status or not. Any school district that has not reached complete and full unitary status and has not been released from court supervision over desegregation obligations but which believes the district is in complete and full unitary status shall provide a written quarterly report to the Arkansas Department of Education by September 15 and the report shall provide a detailed plan with proposed time lines of how the district has complied with any desegregation plan or obligations and shall state how the district will seek to obtain a determination of full unitary status and release from court supervision and a release of any and all court ordered desegregation obligations.

6.04 If by July 1, 2009 and each school year thereafter, the Arkansas Department of Education is unable to verify the district's attempts to comply with their submitted detailed plan for obtaining a determination of full unitary status and release from court supervision as required in §6.03 of these Rules, then the Department of Education shall report to the State Board of Education:

1) Whether the failure of the school district to obtain full and complete unitary status is having a negative impact on the state's overall obligation to provide a general, suitable and efficient school system; and

2) Whether the school district should be placed on probationary status and subject to the provisions of Ark. Code Ann. § 6-15-201 et seq.

6.05 The SBE shall consider the report issued by the ADE under § 6.04 of this Rule and may designate or classify a school district in probationary status and take any necessary intervention allowed under § 6-15-201 et seq. if the SBE determines the district's inability to obtain unitary status is having a negative impact on the obligation to provide a general, suitable and efficient education.

7.00 STANDARD II GOALS AND ADMINISTRATION OF ARKANSAS PUBLIC SCHOOLS AND SCHOOL DISTRICTS

7.01 STATE AND NATIONAL GOALS

It is well established by history and law that education is a state responsibility. As a framework for school district planning, a set of statewide and national goals for education and a long-term plan to meet these goals have been developed.

As one of these goals, pursuant to No Child Left Behind, teachers of core academic classes shall hold a designation as a Highly Qualified Teacher (HQT).

7.02 SCHOOL DISTRICT GOALS

7.02.1 Each school district in Arkansas shall be required to develop, with appropriate staff and community participation, a comprehensive plan. School district goals shall be compatible with state and national educational goals and shall address local needs. The plan shall be filed with and reviewed by the Department annually.

7.02.2 Each school district shall provide and publish, in a newspaper with general circulation in the district before November 15 of each school year, a report to the public detailing progress toward accomplishing program goals, accreditation standards, and proposals to correct deficiencies. If there is no paper media with general circulation, notification shall be mailed to parents.

7.02.3 Each school shall systematically and, at least annually, explain its policies, programs, and goals to the community in a public meeting that provides opportunities for parents and other members of the community to ask questions and make suggestions concerning the school program.

7.03 SCHOOL DISTRICT ADMINISTRATION

7.03.1 OPERATING POLICIES AND PROCEDURES

Each school board shall adopt written policies for the operation of the school district in accordance with guidelines established by the Department.

7.03.2 RECORDS AND REPORTS

7.03.2.1 Each school shall maintain all reports and records necessary for effective planning, operation, and education.

7.03.2.2 Each school district shall annually submit an accurate and timely report to the Department appraising its students' performance. The report shall be prepared in accordance with guidelines developed by the Department.

7.03.3 SCHOOL BOARDS

7.03.3.1 Each school board, prior to November 15 of each year, shall hold a public meeting, at a time and place convenient for a majority of the school patrons and employees, to review and discuss its annual report detailing progress toward accomplishing its district's program objectives, accreditation standards, and proposals to correct deficiencies.

7.03.3.2 All accreditation and evaluation studies and reports shall be reported and discussed in a public meeting at a time and place convenient for a majority of the school patrons and employees.

7.04 SCHOOL GOALS

7.04.1 The administrators, teachers, other school staff, and parents of each school shall develop the annual comprehensive school improvement plan to monitor that school's progress and to project its continuing needs. The annual school improvement plan shall be filed with and reviewed by the Department.

7.04.2 Schools shall review each curriculum area annually to ensure alignment with state standards.

8.00 STANDARD III ACTIVE COMMUNITY INVOLVEMENT

8.01 Each school district shall form a coalition of parents, and representatives of agencies and institutions, and of business and industry to develop and implement a comprehensive plan for effective and efficient community involvement in the delivery of comprehensive youth services and support.

8.02 Each individual school shall investigate and, where feasible, utilize community resources in the instructional program of the school.

9.00 STANDARD IV CURRICULUM

9.01 COURSE CONTENT FRAMEWORKS

9.01.1 The Department shall appoint committees to write curriculum frameworks based on the adopted Arkansas Student Learning Expectations. Each committee shall consist of teachers and instructional supervisory personnel from public schools assisted by teachers from institutions of higher education. Committees will meet periodically to review, revise, and update the curriculum frameworks.

9.01.2 Each accredited school shall use these curriculum frameworks to plan instruction leading to student demonstration of proficiency in the Arkansas content standards.

9.01.3 The Department, with advice from public schools and institutions of higher education, shall devise an assessment system that will measure progress toward meeting the content standards expressed in the Arkansas Curriculum Frameworks. These evaluations shall serve as a major factor in determining the accreditation status of public schools.

9.02 EARLY CHILDHOOD EDUCATION CURRICULUM

The early childhood education curriculum shall be developmentally appropriate for the age span of the children within the groups and implemented with attention to the different needs, interests, and developmental levels of those individual children. This curriculum shall be aligned to Arkansas Better Chance standards.

9.03 CURRICULUM

9.03.1 SMART CORE AND CORE

9.03.1.1 Guidelines for the development of Smart Core curriculum policies and informed consent document shall be established by the Department. Each school district shall adopt written Smart Core curriculum policies consistent with those guidelines.

9.03.1.2 The Smart Core curriculum is contained within the 38 units that must be taught each year (See 14.03.1 for a listing of Smart Core requirements).

9.03.1.3 In order to ensure that every child has access to a rigorous curriculum, beginning with the seventh grade class of 2004-2005, the Smart Core curriculum and core curriculum will be a standard component of the required course of study to graduate from Arkansas public schools.

9.03.1.4 All students will participate in the Smart Core curriculum unless the parent or guardian waives the student's right to participate. In such case of a waiver, the student will be required to participate in the core.

9.03.1.5 Each school district shall adopt written policies that inform parents about the Smart Core curriculum and the required course of study for graduation.

9.03.1.6 Each district's written policies regarding Smart Core curriculum and the required course of study for graduation shall be included in the student handbook and filed with the Department.

9.03.1.7 Local districts and individual schools shall involve parents, staff, and students in the formulation and review of the Smart Core curriculum and the course of study for the graduation policy.

9.03.1.8 Students and parents shall acknowledge that they have received the school's policy regarding Smart Core curriculum and the required course of study for graduation by a signed statement. The school shall document procedures and methods used to inform parents and students of this policy. Parents shall sign an Informed Consent document provided by the Department. Teachers, administrators, and counselors shall be provided with appropriate training in this policy.

9.03.1.9 The core curriculum for grades K-8 shall encompass all types of developmentally appropriate learning experiences and provide for differences in rates of learning among children. It shall emphasize overarching processes of reasoning and problem solving, communicating, connecting (linking knowledge, skills, and other understandings within and across disciplines to real-life situations), and internalizing (acting on the learning to make it meaningful, useful, and worthwhile). English Language Acquisition Standards shall also be used for all English Language Learners (ELL) students at all grade levels.

9.03.2 GRADES K-4

Reading, writing, and mathematics shall be incorporated into all curriculum areas. All students shall receive instruction in each content area annually.

9.03.2.1 Language Arts

Reading

Writing

Listening, Speaking, Viewing

9.03.2.2 Mathematics

Number sense, properties, and operations

Measurement

Geometry and spatial sense

Data analysis and statistics

Patterns, algebra, and functions

9.03.2.3 Social Studies

History and culture of Arkansas (a unit at each grade level with emphasis at grade 4), the nation, and the world (including foreign language experiences)

Geography

Economics

Civic education

Social sciences processes and skills

9.03.2.4 Science

Life science systems

Earth/space systems

Physical systems

Environmental education

9.03.2.5 Tools for Learning

Technical skills: research and information skills, use of computers and calculators

Data gathering: use of data banks, atlases, dictionaries, almanacs, networks, news sources, and interviews

9.03.2.6 Fine Arts

Visual arts instruction, appreciation, and application Performing arts instruction, appreciation, and application

9.03.2.7 Practical Living Skills/Career Exploration

9.03.2.8 Health and Safety Education and Physical Education

9.03.3 GRADES 5-8

Reading, writing, and mathematics shall be incorporated into all curriculum areas. All students shall receive instruction in each content area annually.

9.03.3.1 Language Arts

Reading

Writing

Listening, Speaking, Viewing

9.03.3.2 Mathematics

Number sense, properties, and operations

Measurement

Geometry and spatial sense

Data analysis and statistics

Patterns, algebra, and functions

9.03.3.3 Science

Life science systems

Earth/space systems

Physical systems

Environmental education

9.03.3.4 Social Studies

History and culture of Arkansas (a unit at grades 5 and 6, with emphasis at grade 5), the nation, and the world (including foreign language experiences)

Geography

Economics

Civic education

Social science process skills

9.03.3.5 Physical Education

9.03.3.6 Fine Arts

Visual arts instruction, appreciation, and application Performing arts instruction, appreciation, and application

9.03.3.7 Health and Safety

9.03.3.8 Tools for Learning

Technical skills: research and information skills, use of computers and calculators

Data gathering: use of data banks, atlases, dictionaries, almanacs, networks, news sources, and interviews

9.03.3.9 Career and Technical Education

9.03.3.10 Each school shall teach annually reading and mathematics skills to assist those students who need such additional instruction to make satisfactory progress in their required courses.

9.03.3.11 A unit of Arkansas history shall be taught as a social studies subject at each elementary grade level in every public elementary school in this state with greater emphasis at the fourth (4th) and fifth (5th) grade levels, and at least one (1) full semester of Arkansas history shall be taught to all students at the 7th, 8th, 9th, 10th, 11th, or 12th grade level in every public secondary school in this state.

9.03.3.12 Upon approval by the Department, courses taught in grades 5-8 may be offered for high school graduation credit. Courses shall have the same rigor as those taught in high school, but content for a single course may be taught over a two-year period. Teachers shall be certified in the subject area taught with students participating in appropriate End-of-Course examinations. Schools shall have appropriate follow-up curriculum in place for students adopting an accelerated schedule.

9.03.4 GRADES 9-12

Reading, writing, and mathematics shall be incorporated into all curriculum areas. The following courses shall be taught annually for a total of 38 units, except as otherwise allowed in Ark. Code Ann. §§ 6-15-213 and 6-15-214, as articulated in these rules.

9.03.4.1 Language Arts - 6 units

4 units English

1 unit oral communications or 1/2 unit oral communications and 1/2 unit drama

1 unit journalism

(Other options as approved by the Department)

9.03.4.2 Science - 5 units (Active student participation in laboratory experience is required for a minimum of 20% of instructional time.)

1 unit biology

1 unit chemistry

1 unit physics

(Other options as approved by the Department)

9.03.4.3 Mathematics - 6 units

1 unit Algebra I

1 unit geometry

1 unit Algebra II

1 unit pre-calculus mathematics to include trigonometry

(Other options as approved by the Department)

9.03.4.4 Foreign Languages - 2 units of the same language

9.03.4.5 Fine Arts - 3 1/2 units

1 unit art

1 unit instrumental music

1 unit vocal music

1/2 unit survey of fine arts or an advanced art or an advanced music course

9.03.4.6 Computer Applications with emphasis on current applications-1 unit

9.03.4.7 Social Studies - 4 units

1 unit American history with emphasis on 20th Century America

1 unit world history

1/2 unit civics

1/2 unit of Arkansas history if not taught in grade 7 or 8

(Other options as approved by the Department)

9.03.4.8 Economics - 1/2 unit

The Economics course must be taught by a teacher appropriately licensed in either Social Studies or Business Education. The appropriate licensure code must be used to differentiate between the area of social studies and the area of career focus elective credit to meet the requirements of the 38 units.

9.03.4.9 Health and Safety Education and Physical Education - 11/2 units

1 unit physical education

1/2 unit health and safety education

9.03.4.10 Career and Technical Education - 9 units of sequenced career and technical education courses (programs of study) representing three (3) occupational areas.

In addition to the currently approved programs, districts may develop and request approval for innovative programs of study based on community and student needs.

9.03.4.11 The course offerings should include appropriate Advanced Placement (AP) courses. Weighted credit/additional quality points for designated AP courses will be contingent upon the teacher completing training as required by the Department and the student taking the applicable AP examinations.

9.03.4.11.1 Any school district meeting the following conditions may petition the Department to count an appropriate approved AP course in the place of a specified required 38 unit course in the subject areas of mathematics, English, science and social studies under the following conditions:

9.03.4.11.2 The public school district has a qualified teacher for the required 38 unit course;

9.03.4.11.3 No students enrolled in the required 38 unit course;

9.03.4.11.4 An AP course in the same subject area as the required course has students enrolled in the course;

9.03.4.11.5 The public school district teaches all other 38 unit courses required by the Standards for Accreditation; and

9.03.4.11.6 The public school district teaches the required 38 unit course to any student who enrolls in the public school district after the school year begins.

9.03.4.11.7 The public school district may teach the required course to a new student:

i. In a traditional classroom setting;

ii. Through distance learning with a qualified teacher, or

iii. By making individual modifications for the required course from the AP course syllabus to accommodate the new student.

9.03.4.11.8 The public school district shall notify the Department in writing after registration in the spring prior to the beginning of the new school year and immediately after the school year begins if no students enrolled in the required course and the public school district will seek to meet the Standards for Accreditation using the AP course.

9.03.4.11.9 Upon receiving the public school district's written notification and after spring registration and after verifying the information, the Department shall permit the public school district to meet the Standards for Accreditation by teaching the AP course in place of the required course.

9.03.4.11.10 if a new student enrolls in the required course, the public school district shall immediately notify the Department in writing.

9.03.4.12 Additional foreign language courses such as the Level III and IV of the same foreign language and other foreign language should be included.

9.03.4.13 If a course required to be taught by a school district under the State Board of Education's Standards for Accreditation has an enrollment of one (1) or more students and all students enrolled in the course leave the school district after the course has commenced but before the completion of the course in each given school year or school semester the course is to be taught, and no other students that are eligible to take the course enroll to attend the school district campus where the course is required to be taught, the course shall be considered as taught by the school district in compliance with the Standards for Accreditation under the folllowing conditions:

9.03.4.13.1 The school district superintendent certifies in writing that no student was enrolled in the district and was eligible to take the required course enrolled to attend the school district campus where the course was required to be taught after the initial student or students left the school district;

9.03.4.13.2 The school district provides written proof, as required by the Department, that the school district had the course scheduled to be taught on the school district's master course schedule during the entire time the course was required to be taught;

9.03.4.13.3 The school district provides written proof, as required by the Department, that the school district had a properly certified teacher employed and able to teach the required course during the entire time the course was required to be taught and the course was listed on the school district's master course schedule;

9.03.4.13.4 The Department, upon review of proper records of the district and information certified by the school district superintendent, confirms that the school district satisfied the requirements of Sections 9.03.4.12 - 9.03.4.12.3 of these rules and verifies that the information submitted pursuant to Sections 9.03.4.12 - 9.03.4.12.3 of these rules is correct; and

9.03.4.13.5 At the end of the school semester in which the course was required to be taught, the school district petitions the State Board of Education, in writing, for a waiver of the Standards for Accreditation requirement that the particular course be taught for that school semester.

9.03.4.13.6 The State Board of Education shall waive the requirement for only the semester in which the student or students left the school district.

9.03.4.13.7 The superintendent and the school board president of the school district seeking the waiver shall appear before the State Board of Education to present their request for a waiver.

9.03.4.13.8 Representatives of the Department shall appear before the State Board of Education to confirm and verify the information required to be filed with the Department under this section.

9.03.4.13.9 Upon satisfaction of the requirements of Sections 9.03.4.12 - 9.03.4.12.8 of these rules, the State Board of Education shall waive the requirement that the course be taught on a semester basis.

10.00 STANDARD V INSTRUCTION

10.01 REQUIRED TIME FOR INSTRUCTION AND SCHOOL CALENDAR

10.01.1 Student-teacher interaction time shall be for a minimum of 178 days, except as waived by the Department for professional development.

10.01.2 All public school teacher/administrator contracts (elementary, secondary, vocational - exception vocational agriculture) shall be a minimum of 190 days.

10.01.3 At least ten (10) days or sixty (60) hours shall be used for professional development and in-service training and at least two (2) days shall be used for parent/teacher conferences.

10.01.4 The planned instructional time in each school day shall not average less than six (6) hours per day or thirty (30) hours per week.

10.02 CLASS SIZE AND TEACHING LOAD

y 10.02.1 Early childhood education programs shall be no more than ten (10) students to one (1) teacher in a classroom or no more than twenty (20) students to one (1) teacher and a qualified adult aide.

10.02.2 Kindergarten shall be no more than twenty (20) students to one (1) teacher in a classroom. However, kindergarten class maximum may be no more than twenty-two (22) with a one half time instructional aide being employed for those classes.

10.02.3 The average student/teacher ratio for grades one through three in a school district shall be no more than twenty-three (23) students per teacher in a classroom. There shall be no more than twenty-five (25) students per teacher in any classroom.

10.02.4 The average student/teacher ratio for grades four through six in a school district shall be no more than twenty-five (25) students per teacher in a classroom. There shall be no more than twenty-eight (28) students per teacher in any classroom.

10.02.5 In grades seven through twelve, a teacher shall not be assigned more than one hundred fifty (150) students; an individual academic class shall not exceed thirty (30) students, provided that, in exceptional cases or for courses that lend themselves to large group instruction, these ratios may be increased.

10.03 INSTRUCTIONAL MATERIALS

School districts shall adopt instructional materials which provide complete coverage of a subject as described in that subject's curriculum frameworks and which fit the achievement levels of the students assigned to each teacher.

10.04 DISCIPLINE

10.04.1 Guidelines for the development of student discipline policies shall be established by the Department. Each school district shall adopt written discipline policies consistent with those guidelines that include a code of student behavior.

10.04.2 Each district's written policies shall be filed with the Department.

10.04.3 Local districts and individual schools shall involve parents, staff, and students in the formulation and review of their student discipline policies, rules, and procedures.

10.04.4 Schools shall inform students and parents of the rules and procedures by which the school is governed. Schools shall make the students aware of the behavior that will call for disciplinary action, as well as the types of corrective actions that may be imposed.

10.04.5 Students and parents shall acknowledge that they have received the school's discipline policies by a signed statement. The school shall document procedures and methods used to inform parents and students of the policy.

10.04.6 Teachers and administrators, classified school employees, and volunteers shall be provided with appropriate student discipline training as required by Ark. Code Ann. § 6-18-502.

10.05 EXTRACURRICULAR ACTIVITIES

Each school district shall adopt a written policy on extracurricular and non-instructional activities and their appropriate place in the school program. The policy shall limit and control interruptions of instructional time in the classroom and the number of absences for such activities.

10.06 REQUIREMENTS FOR PARTICIPATION IN EXTRACURRICULAR ACTIVITIES

Each school district shall adopt a written policy specifying the requirements students must meet to be eligible to participate in extracurricular activities.

10.07 HOMEWORK AND INDEPENDENT STUDY SKILLS

Each school district shall adopt a written policy for appropriate and meaningful homework. The policy shall promote the development of students' independent study skills and work to be done outside the classroom which will reinforce and strengthen academic skills, broaden the educational experiences of students, and relate those experiences to the real life of the community. Parents shall be notified of the policy at the beginning of each school year.

11.00 STANDARD VI ATTENDANCE AND ENROLLMENT

11.01 MANDATORY ATTENDANCE

All children who are ages five (5) through seventeen (17) on or before September 15 are required to be in school that school year with the exception of five-year-old children for whom kindergarten has been waived by the parent, guardian, or person having custody or charge; students who have received a high school diploma or its equivalent; or students who are enrolled in a postsecondary vocational-technical institution, a community college, or a two-year or four-year institution of higher education.

11.02 INITIAL ENROLLMENT

A birth certificate, Social Security Number, or other documentation, as provided by law, shall be required to enroll in school.

11.03 EARLY CHILDHOOD EDUCATION PROGRAMS

It is recommended that school districts provide the opportunity for each child age three (3) on or before September 15 to enroll in an approved early childhood education program. No parent or guardian shall be required to enroll a child in an early childhood education program at age three (3).

11.04 KINDERGARTEN

Each school district must provide a full-day kindergarten for each child age five (5) on or before September 15. A parent or guardian shall sign a waiver if they elect not to enroll a child in kindergarten at age five (5). Any six-year-old child who has not completed a state accredited kindergarten program prior to public school enrollment shall be evaluated by the school district to determine whether placement for the child shall be in kindergarten or the first grade.

11.05 IMMUNIZATION REQUIREMENTS

All schools and school districts shall meet immunization requirements established by state and federal laws.

All enrolling kindergarten students shall furnish evidence of a comprehensive and developmental preschool examination.

12.00 STANDARD VII STUDENT PERFORMANCE

12.01 PERFORMANCE OF ALL STUDENTS

Schools shall be responsible for assessing each student's progress at each grade level in acquiring mastery of the competencies, skills, and other subjects required by law and Arkansas Comprehensive Testing, Assessment and Accountability Program (ACTAAP) regulations. Assessment data may include performance assessments, competency test scores, standardized test scores, subject matter mastery test scores, and observations of teachers and parent(s) orguardian(s).

12.02 GRADING

Grades assigned to students for performance in a course shall reflect only the extent to which a student has achieved the expressed academic objectives of the course. Grades that are aligned with other educational objectives such as the student learning expectations contained in the curriculum frameworks may also be given.

12.03 SPECIAL EDUCATION STUDENTS

Students with special needs shall have equal access to programs that meet the criteria for their identified Individualized Education Program and shall receive services in the least restrictive environment that meets their needs.

12.04 SCHOOL REPORTING OF STUDENTS' PERFORMANCE

12.04.1 Each local district shall adopt a written policy requiring teachers to communicate with the parent(s) orguardian(s) of each student during the school year to discuss the student's academic progress and requiring more frequent communication with the parent(s) orguardian(s) of students not performing at the level expected for their grade.

12.04.2 Each school shall schedule no fewer than two (2) parent-teachers conferences per school year to encourage communication with parents.

12.04.3 All grade level conferences with parent(s) and or guardian(s) shall be scheduled at a time and place to best accommodate those participating in the conference. The school shall document participation or nonparticipation in required conferences. If a student is to be retained at any grade level, notice of retention and the reasons for retention shall be communicated promptly in a personal conference.

12.05 TRANSFER BETWEEN SCHOOLS

12.05.1 Any student transferring from a school accredited by the Department to another school accredited by the Department shall be placed into the same grade the student would have been in had the student remained at the former school.

12.05.2 Any student transferring from home school or a school that is not accredited by the Department to a school that is accredited by the Department shall be evaluated by the staff of that accredited school to determine that student's proper placement in the accredited school.

13.00 STANDARD VII SCHOOL PERFORMANCE

Data from the performance indicators shall be used by the Department and schools in establishing goals and objectives for school improvement.

14.00 STANDARD IX GRADUATION REQUIREMENTS

14.01 Specifically, for the graduating classes of 2009-2010, 2010-2011, 2011 -2012, 2012-2013, the required twenty-two (22) units, at a minimum, shall be taken from the "Smart Core" curriculum or from the "Core" curriculum. Only one (1) of the required units may be in a physical education course. All students will participate in the Smart Core curriculum unless the parent or guardian waives the student's right to participate. In such case of a waiver, the student will be required to participate in Core. The required twenty-two (22) units, at a minimum, are to be taken from the Smart Core or Core as follows:

SMART CORE - Sixteen (16) units

English - four (4) units - 9th, 10th, 11th, 12th

Mathematics - four (4) units [All students must take a mathematics course in grade 11 or grade 12 and complete Algebra II.] Comparable concurrent credit college courses may be substituted where applicable.

Algebra I or Algebra A & B (Grades 7-8 or 8-9) Geometry or Investigating Geometry or Geometry A & B (Grades 8-9 or 9-10)

Algebra II

Fourth math unit range of options: (choice of: Transitions to College

Math, Pre-Calculus, Calculus, Trigonometry, Statistics,

Computer Math, Algebra III, or an Advanced Placement math)

Natural Science - three (3) units with lab experience chosen from Physical

Science, Biology or Applied Biology/Chemistry, Chemistry, Physics or

Principles of Technology I & II or PIC Physics

Social Studies - three (3) units

Civics or Civics/American Government

World History

American History

Oral Communications - one half (1/2) unit

Physical Education - one half (1/2) unit

Health and Safety - one half (1/2) unit

Fine Arts - one half (1/2) unit

CAREER FOCUS - Six (6) units

All units in the career focus requirement shall be established through guidance and counseling at the local school district based on the students' contemplated work aspirations. Career focus courses shall conform to local district policy and reflect state frameworks through course sequencing and career course concentrations where appropriate.

Local school districts may require additional units for graduation beyond the sixteen (16) Smart Core and the six (6) career focus units. These may be in academic and/or technical areas. All the Smart Core and career focus units must total at least twenty-two (22) units to graduate.

CORE - Sixteen (16) units

English - four (4) units

Oral Communications - one half (1/2) unit

Social Studies - three (3) units [one (1) unit of world history, one (1) unit of U. S. history, one half (1/2) unit of civics or government]

Mathematics - four (4) units [one (1) unit of algebra or its equivalent* and one (1) unit of geometry or its equivalent.* All math units must build on the base of algebra and geometry knowledge and skills.] Comparable concurrent credit college courses may be substituted where applicable.

Science - three (3) units [at least one (1) unit of biology or its equivalent and one (1) unit of a physical science]

Physical Education - one half (1/2) unit

Health and Safety - one half (1/2) unit

Fine Arts - one half (1/2) unit

* A two-year algebra equivalent or a two-year geometry equivalent may each be counted as two units of the four (4) unit requirement.

CAREER FOCUS - Six (6) units

Local school districts may require additional units for graduation beyond the sixteen (16) Core and the six (6) career focus units. These may be in academic and/or technical areas. All the Core and career focus units must total at least twenty-two (22) units to graduate.

14.02 Specifically, for the graduating class of 2013-2014, and all graduating classes thereafter, the required twenty-two (22) units, at a minimum, shall be taken from the "Smart Core" curriculum or from the "Core" curriculum. Only one (1) of the required units may be in a physical education course. All students will participate in the Smart Core curriculum unless the parent or guardian waives the student's right to participate. In such case of a waiver, the student will be required to participate in Core. The required twenty-two (22) units, at a minimum, are to be taken from the Smart Core or Core as follows:

SMART CORE - Sixteen (16) units

English - four (4) units - 9th, 10th, 11th, 12th

Algebra I or Algebra A & B (Grades 7-8 or 8-9) Geometry or Investigating Geometry or Geometry A & B (Grades 8-9 or 9-10)

Algebra II

Fourth math unit range of options: (choice of: Transitions to College Math, Pre-Calculus, Calculus, Trigonometry, Statistics, Computer Math, Algebra III, or an Advanced Placement math)

Natural Science - three (3) units with lab experience chosen from Physical

Science, Biology or Applied Biology/Chemistry, Chemistry, Physics or Principles of Technology I & II or PIC Physics

Social Studies - three (3) units [one (1) unit of world history, one (1) unit of U. S. history, one half (1/2) unit of civics]

Oral Communications - one half (1/2) unit

Physical Education - one half (1/2) unit

Health and Safety - one half (1/2) unit

Economics - one half (1/2) unit

A one-half (1/2) unit of Economics is required for graduation and may be counted toward the required three (3) social studies credits or toward the six (6) required career focus elective credits. If the course is taught by an appropriately licensed social studies teacher, credit may be applied to meet graduation requirements in social studies or toward the career focus electives. If the course is taught by an appropriately licensed business education teacher, graduation credit can only be applied toward career focus requirements.

The appropriate course code must be used to differentiate the application of credit for graduation to either the area of social studies or the area of career focus elective credit.

Fine Arts - one half (1/2) unit

CAREER FOCUS - Six (6) units

CORE - Sixteen (16) units

English - four (4) units

Oral Communications - one half (1/2) unit

Social Studies - three (3) units [one (1) unit of world history, one (1) unit of U. S. history, one half (1/2) unit of civics]

Science - three (3) units [at least one (1) unit of biology or its equivalent and one (1) unit of a physical science]

Physical Education - one half (1/2) unit

Health and Safety - one half (1/2) unit

Economics - one half (1/2) unit

The appropriate course code must be used to differentiate the application of credit for graduation to either the area of social studies or the area of career focus elective credit.

Fine Arts - one half (1/2) unit

* A two-year algebra equivalent or a two-year geometry equivalent may each be counted as two units of the four (4) unit requirement.

CAREER FOCUS - Six (6) units

14.03 A unit of credit shall be defined as the credit given for a course which meets for a minimum of 120 clock hours. A minimum average six-hour day or minimum thirty (30) hour week is required.

14.04 SPECIAL EDUCATION

14.04.1 For a student with disabilities, the Individualized Education Program (IEP) serves as the student's "graduation plan."

14.04.2 Beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by a student's IEP Team, transition planning must be initiated to prepare a student for exit from a secondary education program to post-secondary life. This includes planning for the student's exit from school due to graduation. For a student with disabilities, fulfillment of the requirements set forth in the student's IEP constitutes the basis for graduation from high school.

15.00 STANDARD X PERSONNEL

15.01 SCHOOL DISTRICT SUPERINTENDENT

Each school district shall employ a full-time superintendent when enrollment exceeds three hundred (300). A full-time superintendent may, at the discretion of the local school district, teach no more than two (2) classes per day.

15.02 PRINCIPALS

Each school shall employ at least a half-time principal. A full-time principal shall be employed when a school's enrollment reaches three hundred (300). A school district superintendent may be permitted to serve as a half-time principal when district enrollment is less than 300 providing the superintendent is appropriately certified and is not already teaching classes. Schools with an enrollment exceeding five hundred (500) shall employ at least one full-time principal and a half-time assistant principal, instructional supervisor, or curriculum specialist.

15.03 LICENSURE AND RENEWAL

15.03.1 All administrative, teaching, and other personnel shall hold a current, valid Arkansas license as required by law.

15.03.2 All administrative, teaching, and other personnel shall meet appropriate State licensure and renewal requirements for the position to which they are assigned.

15.03.3 A person not fully qualified for a position may be used in emergencies only and may not be replaced by a person not fully qualified for the position, unless appropriate documentation is provided to the Department describing efforts to hire a qualified individual.

15.03.4 Licensure renewal in a subject area shall require intervening educational experience related to that subject area.

15.03.5 Licensure renewal for administrative and other personnel shall require appropriate intervening educational experience related to their responsibilities.

15.03.6 Issuance and revocation of a license shall be in accordance with Arkansas Code and State Board of Education regulations promulgated for such action.

15.03.7 The State licensure system shall include a process designed to provide qualified individuals applying for a license an alternative to completion of a traditional teacher education program.

15.04 PROFESSIONAL DEVELOPMENT AND IN-SERVICE TRAINING

15.04.1 Each school district shall have flexibility in establishing plans for professional development and in-service training, provided the plans meet standards and rules for professional development as established by the Department. Beginning with the 2004-2005 school year, and each year thereafter, a minimum of sixty (60) hours of professional development, to include six (6) hours of technology, is required for teachers and administrators annually.

15.04.1.1 Each teacher shall be required to have no less than two (2) hours of professional development designed to enhance understanding of effective parental involvement strategies. These two (2) hours may be included in the sixty (60) hours required for professional development.

15.04.1.2 Each administrator shall be required to have no less than three (3) hours of professional development designed to enhance understanding of effective parent involvement strategies, the importance of administrative leadership in setting expectations, and creating a climate conducive to parental participation. These three (3) hours may be included in the required sixty (60) hours of professional development.

15.04.2 For each administrator, the sixty (60) hour professional development requirement shall include training in data disaggregation, instructional leadership, and fiscal management.

15.05 HIGHLY QUALIFED TEACHERS REQUIREMENT FOR CORE ACADEMIC CLASSES

15.05.1 Every public school district shall ensure that the percentage of core academic classes taught by highly qualified teachers in the district's schools is no less than 10 percentage points below the state's total percentage of core academic classes taught by highly qualified teachers.

15.05.2 Any school district failing to meet the requirements of Section 15.05.1 shall receive a citation at the appropriate district and school level.

16.00 STANDARD XI SUPPORT SERVICES

Support services shall be designed to be comprehensive and integral to the process of schooling and the development of all students. Each school district for each school building site shall develop and implement a written plan, as set forth in current laws. The plans shall be based upon the needs identified by parents, teachers, principals, students, and other agencies with which the school district works.

16.01 GUIDANCE AND COUNSELING

16.01.1 Each school shall provide a developmentally appropriate guidance program to aid students in educational, personal/social, and career development.

16.01.2 Each school shall provide supportive personnel and appropriate facilities to ensure effective counseling to meet individual needs of students.

16.01.3 Each school shall assign appropriate certified counselor staff with the district being required to maintain an overall ratio of one (1) to four hundred fifty (450).

16.02 MEDIA SERVICES

16.02.1 Sufficient resources shall be budgeted and spent yearly for purchasing and maintaining an appropriate, current collection.

16.02.2 A process to provide for input from teachers, parents, and students in the acquisition of instructional materials shall be implemented. These materials shall enhance and support the goals of the school improvement plan.

16.02.3 The role of the library media center shall support technology as a tool for learning. Each school with fewer than three hundred (300) students enrolled shall employ at least a half-time, licensed library media specialist. A school with three hundred (300) or more students enrolled shall employ a full-time licensed library media specialist. Schools enrolling fifteen hundred (1,500) or more students shall employ two full-time, licensed library media specialists. The library media specialist(s) shall ensure that access to records and resource data bases shall be available to students. The media specialist(s) shall assist students in the development and use of research skills.

16.02.4 The school media collection shall consist of a balance of print, nonprint, and electronic media adequate in quality and quantity to meet the needs of the developmentally appropriate curricular program. The minimum book collection, exclusive of textbooks, shall be three thousand (3,000) volumes, or at least eight (8) books per student enrolled, whichever figure is larger. A minimum technology requirement will be one (1) computer per media center with multimedia/networking capacity for administrative purposes only.

16.03 HEALTH AND SAFETY SERVICES

16.03.1 Each school district shall have a health services program under the direction of a licensed nurse. The program shall include screening, referral, and follow-up procedures for all students.

16.03.2 Each school shall provide facilities, equipment, and materials necessary for operation of a school health services program.

16.03.3 The school health services program shall provide and maintain current health appraisal records for all students in accordance with guidelines developed by the Department.

16.03.4 Each school shall take proper measures to ensure the safety of its students and protect against injuries which may occur in or on the school facilities or site.

16.03.5 In accordance with Ark. Code Ann. § 6-18-1005, health services shall include but not be limited to:

(1) Students with special health care needs, including the chronically ill, medically fragile, technology dependent, and students with other health impairments shall have an Individualized Healthcare Plan.

(2) Invasive medical procedures required by students and provided at school shall be performed by trained, licensed personnel who are licensed to perform the task; the regular classroom teacher shall not perform these tasks.

(3) Custodial Healthcare services required by students under an Individualized Healthcare Plan shall be provided by trained school employees other than the regular classroom teachers.

17.00 STANDARD XII SPECIAL EDUCATION

Special education programs and special schools shall be accredited in accordance with applicable laws and rules adopted by the State Board of Education.

18.00 STANDARD XIII GIFTED AND TALENTED EDUCATION

18.01 Each school district shall develop procedures to identify gifted and talented students in accordance with guidelines established by the Department.

18.02 Each school district shall provide educational opportunities for students identified as gifted and talented appropriate to their ability.

18.03 Each school shall use procedures to evaluate the effectiveness of the provisions of these educational opportunities.

19.00 STANDARD XIV SUPPLEMENTARY EDUCATIONAL OPPORTUNITIES

19.01 Each school district shall develop and implement programs which take advantage of educational opportunities outside the traditional classroom.

19.02 Each school district shall provide opportunities for qualified students to enroll in courses at institutions of higher education.

19.03 Each school district shall provide appropriate alternative program(s) for students who are identified as requiring such programs to continue their education.

19.04 Each school district should provide opportunities for summer school and adult education programs.

20.00 STANDARD XV FACILITIES AND EQUIPMENT

20.01 School facilities shall be planned and constructed in accordance with the laws of the State of Arkansas and the regulations of the Arkansas Department of Health, the office of the State Fire Marshall, and the Department.

20.02 Each room shall be furnished with equipment and instructional materials necessary to provide the environment and working conditions appropriate for subjects or activities assigned.

21.00 STANDARD XVI AUXILIARY SERVICES

Auxiliary services, such as transportation and food services, shall be provided in accordance with applicable laws, regulations, and guidelines developed by the Department.

22.00 STANDARD XVII COOPERATION AMONG SCHOOL DISTRICTS

School districts may comply with these standards through cooperative efforts among themselves. All plans for cooperation among school districts and institutions of higher learning for the purpose of complying with these standards shall be submitted for approval to the Department.

23.00 STANDARD XVIII ACCREDITATION OF SCHOOLS

23.01 COMPLIANCE WITH STANDARDS

A school or district shall be accredited on the basis of its complying with these standards and state law related to these standards.

23.02 DEPARTMENT GUIDELINES

The Department shall prepare guidelines to be used in the evaluation of schools or districts to determine whether they are in compliance with these standards. The guidelines will provide for the design and format for reports required to be submitted to the Department to indicate the extent to which school districts and schools are in compliance. The guidelines will include criteria for measuring each standard and the documentation required to indicate compliance with the standard. Required reports will be submitted to the Department by October 15 of each year.

23.03 ACCREDITATION PROCESS

The Department shall annually review all reports and investigate any suspected deficiencies in meeting standards. All written complaints charging violations of standards received by the Department shall be investigated. Each year the Department shall make an on-site visit to a selected number of school districts and review the schools for compliance with the standards. The Department shall notify all school districts and schools not meeting the Standards for Accreditation of deficiencies by May 15 of each year.

23.04 ACCREDITATION

23.04.1 Any school or district, which falls below current Standards for Accreditation, as determined by the Department, shall be notified in writing as being classified in either cited or probationary status by May 15 of each year.

23.04.2 School districts shall be notified of a school's or school district's probationary status and advised that the school will be classified as probationary for no more than two (2) school years, after which time they shall be classified as not accredited. Schools classified as not accredited are subject to enforcement actions as described herein pursuant to Ark. Code Ann. § 6-15-207.

23.04.3 The Department shall review by May 15 annually, pertinent information from every school district to ensure that the district and schools are in compliance with current Standards for Accreditation, and shall make an on-site review of each school's compliance at least every two (2) years or more frequently if deemed necessary by the Department.

23.04.4 A comprehensive evaluation shall be conducted in accordance with guidelines established by the Department (i.e., with the Department prescribed procedures and school improvement planning processes). The Department shall use teams of evaluators that may include representatives from the Department, colleges and universities, and teachers and administrators from other districts. The Department shall report the conclusions of the evaluation team to the local school within thirty (30) days. (Conform to Standards Review and the Arkansas Consolidated School Improvement Plan [ACSIP])

23.04.5 The Department shall provide school improvement teams to local school districts needing assistance in meeting the standards or when it is determined a school has deficiencies. The school improvement team shall recommend action that the school should take to improve its program and eliminate deficiencies.

23.04.6 Any person who knowingly submits falsified information requested or required by the Department may be subject to licensure action pursuant to Ark. Code Ann. § 6-17-410 and other relevant state and federal law.

24.00 SPECIFIC TIME FRAME FOR CITATIONS OR PROBATIONS CITATIONS:

24.01 A school or school district will be placed in cited status for licensure deficiencies for the second and third year of an individual's Additional Licensure Plan (ALP). This status will continue for the length of time prescribed by the individual's approved Additional Licensure Plan, not to exceed two (2) years. Any school employing a teacher not completing the ALP process after the two (2) year cited process shall be assigned accredited-probationary status.

24.02 A school or school district will be placed in cited status for improper ratios and class sizes caused by unexpected population shifts. Such status may extend to October 15 of the next school year. At the conclusion of the cited term, if the same violation exists, the school shall be assigned probationary status.

24.03 A school district will be placed in cited status for failing to hold the Annual Report to the Public School Board meeting prior to November 15. Such status will extend to October 15 of the next school year. At the conclusion of the cited term, if the same violation exists, the school district shall be assigned probationary status.

24.04 A school district will be placed in cited status for providing a late Annual Accreditation Report to the Department. Such status will extend to October 15 of the next school year. At the conclusion of the cited term, if the same violation exists, the school district shall be assigned probationary status.

PROBATIONS: For the following violations, any school district or school that fails to meet the identified date of corrections will be recommended to the State Board of Education for loss of accreditation.

24.05 A school will be placed in probationary status for high school classes which meet less than 120 clock hours (to be corrected within thirty days).

24.06 A school will be placed in probationary status for an instructional day that is less than six (6) hours per day or thirty (30) hours each week (to be corrected within thirty days).

24.07 A school will be placed in probationary status for any staff member(s) not holding a valid Arkansas license. Such status will not extend beyond January 30 of the current school year.

24.08 A school or school district will be placed in probationary status for failing to employ a superintendent, principal, assistant principal (if required), nurse, or counselor. Such status will extend to the first day of the next academic semester.

24.09 A school will be placed in probationary status for lack of written policies mandated by law or the Standards for Accreditation (to be corrected in 60 days).

24.10 A school will be placed in probationary status for lack of a guidance program. Such status will extend to the first day of the next academic semester.

24.11 A school district will be placed in probationary status for lack of a health services program. Such status will extend to the first day of the next academic semester.

24.12 A school district will be placed in probationary status for lack of a gifted and talented program. Such status will extend to the first day of the next academic semester.

24.13 A school or school district will be placed in probationary status for lack of a media services program. Such status will extend to the first day of the next academic semester.

24.14 A school district will be placed in probationary status for lack of a special education program. Such status will extend to the first day of the next academic semester.

24.15 A school will be placed in probationary status for improper ratios/class sizes NOT CAUSED by unexpected population shifts (to be corrected in 30 days).

24.16 A school district will be placed in probationary status for failing to file an accurate or complete Equity Compliance Report. Such status will extend to the first day of the next academic semester, but cannot extend beyond October 15 of the next year.

24.17 A school or school district shall be placed in probationary status for failing to teach the required courses mandated by these Standards for Accreditation. Such status will extend to the first day of the next academic semester, but cannot extend beyond October 15 of the next school year.

24.18 A local school or school district shall be placed in probationary status for violations of the law (e.g., Ark. Code Ann. §§ 6-16-132, 6-16-130, 6-15-1101, 6-17-309, 6-18-223, or 6-15-1601 et seq.). Such status shall extend to the official review date issued by the Department.

25.00 ENFORCEMENT OF STANDARDS FOR ACCREDITATION

25.01 The State Board of Education may, on its own motion or upon petition from the Department, take any number of the following actions, listed in paragraph 25.03, to address a school or school district which has failed to meet all Standards for Accreditation any time after a school or school district has received notice of being placed in probationary status pursuant to paragraph 23.04.1. The Department shall petition the State Board of Education for enforcement action in the time period provided in these rules when a school or school district has failed to remedy all probationary violations when a specific time period for correction is required regarding a particular standard.

25.02 The State Board of Education shall take at least one of the following actions, listed in paragraph 25.03, to address any school or school district which has failed to meet all Standards for Accreditation for two (2) consecutive school years including the year the probationary status was issued to the school or school district, unless the State Board of Education, at its discretion, issues written findings supported by a majority of the board, that the school district could not meet current standards for the relevant time period due to impossibility caused by external forces beyond the school district's control.

25.03 The State Board of Education shall be allowed to take the following actions to address any school or school district on probationary status for failing to meet the Standards for Accreditation:

25.03.1 Require a school district to reorganize, or to reassign the administrative, instructional, or support staff of a public school;

25.03.2 Require a school or school district to institute and fully implement a curriculum that is based on State academic content and achievement standards, including providing appropriate professional development at the cost of the school district;

25.03.3 Remove a particular school from the jurisdiction of a school district and establish alternative public governance and supervision of such school or schools;

25.03.4 Require a school district to close down or dissolve a particular school or schools within a school district;

25.03.5 Annex a school district or districts or parts thereof with another receiving school district or districts pursuant to the authority of Ark. Code Ann. § 6-13-1401 et seq. and this subchapter;

25.03.6 Consolidate a school district or districts or parts thereof with another school district or districts or parts thereof to form a resulting district pursuant to the authority of Ark. Code Ann. § 6-13-1401 et seq. and this subchapter;

25.03.7 Reconstitute the leadership of a school district by removing permanently or suspending on a temporary basis the superintendent of the school district or any particular board members of a school district. The State Board of Education shall have the authority to appoint an administrator or to call for the election of new school board members to administer the affairs and provide governance of the school district, or both;

25.03.8 Take any other appropriate action allowed by law which is determined by the State Board of Education to assist and address a school or school district failing to meet the Standards for Accreditation.

25.03.9 LOSS OF ACCREDITATION

25.04 PUBLICATION AND DISSEMINATION

25.04.1 When any school of a school district or the school district is determined by the State Board of Education to be in probationary status for failure to meet the Standards for Accreditation, that school district, after exhausting its rights to appeal, shall:

25.04.1.1 Publish the probationary status determination and findings of the State Board of Education to the public and the parents or care giver of each student enrolled in the school or school district determined to have failed to meet the Standards for Accreditation;

25.04.1.2 The public notice shall be in an understandable and uniform format;

25.04.1.3 The public notice shall be published or disseminated, immediately after the State Board of Education's determination, on the web-site of the school district and published at least one (1) time a week for two (2) consecutive weeks in a local newspaper of general circulation in the affected school district.

26.00 RIGHT OF APPEAL

26.01 In the event a district or school believes the Department has improperly determined that any school or school district has failed to meet Standards for Accreditation, the school district shall have a right to file its written appeal with the office of the Director of the Department.

26.02 Any such appeal shall be held in an open hearing, and the decision of the Board shall be in open session. The appeal must be filed not later than May 30 following the May 15 written notification, and the State Board of Education hearing must be held prior to August 15 of the same calendar year.

26.03 The State Board of Education may confirm the classification of a school or school district accreditation status, as determined by the Department, or it may sustain the appeal of the district.

26.04 Pursuant to the Ark. Code Ann. § 6-15-203, an appeal from the ruling of the Board may be made by a school district to the Pulaski County Circuit Court provided such appeal is made pursuant to the Arkansas Administrative Procedures Act, Ark. Code Ann. § 25-15-201 et seq.

27.00 WAIVER AUTHORITY AND PROCESS

27.01 The State Board on its own motion, or on petition from the Department, or from a school district may, upon a showing of just cause in a public hearing of the State Board, grant a waiver of any accreditation standard for a time period of no longer than one (1) school year, except that no curricula, student performance, school performance, or any standard required by law may be waived for any time period.

27.02 Any petition for waiver of any accreditation standard by a school district shall be filed in the Office of the Director of the Department thirty (30) calendar days prior to the State Board of Education hearing the waiver petition. The State Board may waive the thirty (30) day time requirement, when in the State Board of Education's determination, circumstances prevent the petition from being filed within the thirty (30) daytime frame.

27.03 Any hearing of the State Board of Education concerning a waiver of any accreditation standard shall be conducted in a public hearing of a properly announced regular or special meeting of the State Board of Education in accord with Arkansas law.

005.15.09 Ark. Code R. 001

1/5/2010