005.28.24 Ark. Code R. 043

Current through Register Vol. 49, No. 12, December, 2024

Rule 005.28.24-043 - Division of Elementary and Secondary Education Rules Governing Standards for Accreditation of Arkansas Public Schools and Public School Districts

1.00REGULATORY AUTHORITY

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

1.02 These rules are promulgated pursuant to Arkansas Code §§ 6-11-105, 6-15-202, 6-15-203, 6-15-207, 6-15-208, 6-15-209, and 25-15-201 et seq.

2.00PURPOSE

2.01 These rules are to set forth the Standards for Accreditation of Arkansas to all public schools and public school districts and to apply the Standards for Accreditation to all public schools and public school districts for the purpose of determining accreditation of the school and district.

2.02 These rules describe the minimum requirements and process from which Arkansas public schools and public school districts are accredited, the process to cite Arkansas public schools and public school districts or otherwise place the foregoing in probationary status for failure to meet the Standards for Accreditation, and to set forth the enforcement actions that may be applied to Arkansas public schools and public school districts that fail to meet the Standards for Accreditation.

3.00DEFINITIONS

3.01 "Career-ready pathways" means a sequence of courses and activities to prepare students for success after high school that includes the minimum academic core, a sequence of career and technical education courses in a program of study aligned with high-wage, high-demand jobs in Arkansas, and the opportunity to earn a credential of value.

3.02 "Cited" means the status assigned to a public school or public school district that fails to meet any Standard identified by a "C" as being a cited violation in these rules.

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

3.04 "Probation" means the status assigned to a public school or public school district that fails to meet any Standard identified by a "P" as being a probationary violation in these rules or fails to correct a violation by the specified deadline for which it acquired cited status.

3.05 "Public school" means:

3.05.1 A school operated by a public school district; or

3.05.2 An open-enrollment public charter school, as defined in Arkansas Code § 623-103.

3.06 "Public school district" means:

3.06.1 A geographic area that qualifies as a taxing unit for purposes of ad valorem property taxes under Arkansas Code § 26-1-101 et seq. and Arkansas Constitution, Article 14, § 3, and is either:

3.06.1.1 Governed by an elected board of directors; or

3.06.1.2 Under the administrative control of the State Board or the Commissioner of Elementary and Secondary Education in place of an elected board of directors; or

3.06.2 An open-enrollment public charter school, as defined in Arkansas Code § 6-23-103.

3.07 "Standards for Accreditation" means the series of requirements that specify what a public school or public school district shall meet in order to be fully accredited by the Arkansas Division of Elementary and Secondary Education as outlined in Appendix A of this rule.

3.08 "Written curriculum" includes identified sequences of student learning expectations, pacing, materials and resources used to teach the Arkansas Academic Standards and processes for evaluating mastery of the standards at particular points in time throughout the K-12 educational program.

4.00BI-ANNUAL REVIEW AND APPROVAL OF THE STANDARDS FOR ACCREDITATION

4.01 The Division of Elementary and Secondary Education is responsible for the development of the Standards for Accreditation and shall review these standards at least every two (2) years to ensure alignment with the laws of the State of Arkansas and the rules of the division.

The review process shall include:

4.01.1 Public notice of the intent to review the Standards. Public notice may include notice of intent provided at a State Board meeting, on the division's website, by Commissioner's Memo, or the division's social media;

4.01.2 Organization of a committee consisting of Arkansas educators, administrators, and other stakeholders to review and provide feedback to division staff regarding the Standards for Accreditation, particularly the Standards found to have the most violations or in conflict with state law or rules;

4.01.3 Revision, as needed, of the Standards for Accreditation by division staff;

4.01.4 Submission of the revised Standards for Accreditation for review by the State Board of Education and consideration for release for public comment;

4.01.5 Submission to the Senate and House Education Committees for review and feedback to the State Board of Education; and

4.01.6 Review of the Senate and House Education Committee feedback and necessary revisions.

4.01.7 Submit Standards for Accreditation to the Board for approval.

5.00CITED STATUS

5.01 A public school district shall be assigned Cited status when it is deemed to have failed to meet any standard defined with a district cited status ("D/C") in the Standards for Accreditation.

5.02 A public school shall be assigned Cited status when it is deemed to have failed to meet any standard defined with a school cited status ("S/C") in the Standards for Accreditation.

5.03 No public school or public school district shall maintain 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.

5.04 Any public school or public school district that fails to remedy itself from Cited status for violation of a particular standard after two (2) consecutive school years shall be assigned Probation status.

6.00PROBATIONARY STATUS

6.01 A public school district shall be assigned Probation status when it is deemed to have failed to meet any standard defined with a district probationary status ("D/P") in the Standards for Accreditation or was in Cited status for the same violation the previous two (2) consecutive school years.

6.02 A public school shall be assigned Probation status when it is deemed to have failed to meet any standard defined with a school probationary status ("S/P") in the Standards for Accreditation or was in Cited status for the same violation the previous two (2) consecutive school years.

6.03 A public school or school district may be assigned Probation status if the public school or school district is deemed to have failed to meet three (3) or more standards in any one (1) school year, or fails to meet Standards for Accreditation for three (3) consecutive school years.

6.04 No public school or public school district shall maintain Probation status for violation of any standard for more than two (2) consecutive school years including the year the Probation status is assigned.

6.05 Any public school or public school district that fails to remedy itself from Probation status after the two (2) consecutive school years will be subject to mandates pursuant to Arkansas Code § 6-15-207 and section 9.00.

7.00ACCREDITATION OF PUBLIC SCHOOLS AND PUBLIC SCHOOL DISTRICTS

7.01 A public school or public school district shall be accredited based on compliance with the Standards for Accreditation and shall be identified as Accredited.

7.02 A material and substantial failure to comply with any state or federal law, rule, or regulation that interferes with a public school or public school district's obligation to provide a general, suitable and efficient education may result in a recommendation of Cited or Probation status.

7.03 Any person who knowingly submits or falsifies information requested or required by the Division may be subject to licensure action pursuant to Arkansas Code § 617-410 and other relevant state and federal law.

7.04 ACCREDITATION PROCESS

7.04.1 The Division of Elementary and Secondary Education shall annually review all public school and public school district accreditation reports.

7.04.2 The division shall:

7.04.2.1 Investigate any suspected deficiencies in meeting the Standards for Accreditation.

7.04.2.2 Investigate all written complaints alleging violations of the Standards for Accreditation received by the division.

7.04.2.3 Conduct additional review of public schools and public school districts identified as being at risk of failing to meet the Standards for Accreditation.

7.04.2.4 Conduct an on-site review of public schools and public school districts whenever the division or State Board of Education deems necessary.

7.04.3 At any time, a public school or public school district which does not meet the Standards for Accreditation, as determined by the division, shall be notified in writing of the deficiency and the timeline for correction. Any deficiency unresolved shall be reported to the state board for consideration of action.

7.04.4 At any time, but no later than May 1, the division shall notify the public school district superintendent of the public schools or public school districts recommended accreditation status.

7.04.5 The state board will review the recommendation from the division and make the final determination of accreditation status for the identified public schools or public school districts as outlined in Section 8.00

7.04.6 Public schools and public school districts classified as Probation for more than two (2) consecutive school years shall be subject to enforcement actions pursuant to Arkansas Code § 6-15-207 and Section 9.00.

8.00SPECIFIC TIME FRAME FOR CITATIONS OR PROBATIONS

8.01 A public school or public school district may be placed in Cited or Probation status at any time if any violation of the Standards for Accreditation has not been corrected or the appropriate documentation detailing the public school or public school district's plan, including necessary timelines, to correct the deficiency is not received by the Division of Elementary and Secondary Education within fifteen (15) calendar days of notification of the violation.

8.02 The division will review the submitted documentation and respond in writing with the length of time that will be allowed for correction of the deficiency.

8.03 The recommended accreditation status will be submitted to the state board for final approval.

8.04 After approval by the state board, the public school or public school district will be identified as Accredited, Cited, or Probation. An identification as Cited or Probation shall be considered the first year of identification. The identification will remain in place for the following school year, which shall be considered the second year of identification.

9.00ENFORCEMENT OF STANDARDS FOR ACCREDITATION

9.01 The State Board of Education may, on its own motion or upon petition from the division, take any number of the following actions, listed in Section 9.03, to address a public school or public school district which has failed to meet the Standards for Accreditation at any time after a public school or public school district has received notice of being placed in Probation status pursuant to Section 7.04.4 The Division of Elementary and Secondary Education shall petition the state board for enforcement action as allowed by these rules when a public school or public school district has failed to remedy all probationary violations within the specified time period for correction.

9.02 State board shall take at least one of the actions listed in Section 9.03 to address any public school or public school district that is identified as Probation for failing to meet the Standards for Accreditation for two (2) consecutive school years including the year the Probation status was issued, unless the state board, at its discretion, issues written findings supported by a majority of the board, that the public school or public school district could not meet the current Standards in the required time period due to impossibility caused by external forces beyond the public school or public school district's control.

9.03 The state board shall be allowed to take the following actions to address any public school or public school district on Probation status for failing to meet the Standards for Accreditation:

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

9.03.2 Require a public school or public school district to institute and fully implement a curriculum that is aligned to the Arkansas Academic Standards, including providing appropriate professional development with the cost of the professional development to be covered by the public school district;

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

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

9.03.5 Annex a public school district or districts or parts thereof with another receiving public school district or districts pursuant to the authority of Arkansas Code § 6-13-1401 et seq.;

9.03.6 Consolidate a public school district or districts or parts thereof with another public school district or districts or parts thereof to form a resulting district pursuant to the authority of Arkansas Code § 6-13-1401 et seq.;

9.03.7 Reconstitute the leadership of a public school district by removing permanently or suspending on a temporary basis the superintendent of the public school district or any particular board members of a public 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 public school district, or both;

9.03.8 Accept a corrective action plan to address the violations of the Standards for Accreditation and designate the public school or public school district as being Corrective Action; or

9.03.9 Take any other appropriate action allowed by law which is determined by the state board to assist and address a public school or public school district failing to meet the Standards for Accreditation.

10.00RIGHT OF APPEAL

10.01 In the event a public school or public school district believes the Division of Elementary and Secondary Education has improperly determined that any public school or public school district has failed to meet the Standards for Accreditation, the public school district shall have a right to file a written appeal with the office of the Commissioner of Elementary and Secondary Education.

10.01.1 Any appeal shall be held at an open hearing, and the decision of the State Board of Education shall be in open session. The appeal must be filed by the school district no later than fifteen (15) calendar days after the district receives notification of the division's determination.

10.01.2 The following procedures shall apply to state board hearings in which the public school district believes the division improperly determined that the public school or public school district failed to meet the Standards for Accreditation:

10.01.2.1 All persons wishing to testify before the state board shall first be placed under oath by the chair.

10.01.2.2 The division shall have up to fifteen (15) minutes to present its case to the state board. The chair may allow additional time if necessary.

10.01.2.3 The appealing public school district shall have up to fifteen (15) minutes to present its case to the state board. The chair may allow additional time if necessary.

10.01.2.4 The state board may pose questions to any party at any time during the hearing.

10.01.2.5 The state board shall then discuss, deliberate, and vote upon the matter.

10.01.2.6 If deemed necessary, the state board may take the matter under advisement and announce its decision at a later date, provided that all discussions, deliberations, and votes upon the matter take place at a public hearing.

10.01.2.7 The state board shall issue a written order concerning the matter.

10.01.3 The state board may approve the classification of the public school or public school district accreditation status, as determined by the division, or it may sustain the appeal of the district.

10.01.4 Pursuant to Arkansas Code § 6-15-203, an appeal from the ruling of the state board may be made by a public school district pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

11.00WAIVER AUTHORITY

11.01 Except as provided by Arkansas Code § 6-15-202(b)(2), the State Board of Education on its own motion, or on petition from the Division of Elementary and Secondary Education or from a district, may, upon a showing of just cause in a public hearing of the state board, grant a waiver of any Standard for Accreditation for no longer than one (1) school year. However, no curricula, student performance, school performance, or any standard required by law may be waived for any time period.

11.01.1 A petition for a waiver under section 11.01 shall be filed with the division under the procedures outlined in the Division of Elementary and Secondary Education Rule Governing Public School Waivers.

11.02 A waiver of any Standard for Accreditation approved by the state board shall only apply to the school year in which it was granted.

12.00NOTIFICATION TO THE PUBLIC

When any public school or a public school district is determined by the State Board of Education to be in Probation or Corrective Action status for failure to meet the Standards for Accreditation, the public school district, after exhausting its rights to appeal, shall publish the accreditation status determination and findings of the state board to the public and the parents or guardians of each student enrolled in the public school or public school district determined to have failed to meet the Standards for Accreditation.

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

12.02 Immediately after the state board's determination, the public notice shall be published or disseminated:

12.02.1 On the website of the public school district; and

12.02.2 Published at least one (1) time a week for two (2) consecutive weeks in a local newspaper of general circulation in the affected public school district.

12.03 Documentation of the publication shall be posted on the district website under State - Required Information until the state board removes the status.

APPENDIX A - THE STANDARDS FOR ACCREDITATION

Standard 1:Academics

The academic system of a public school district ensures all students have access to a guaranteed viable curriculum aligned to the Arkansas Academic Standards for all academic areas.

Standard 1-ACurriculum and Instruction

1-A.1 Each public school district board of directors shall annually adopt and implement written curriculum aligned to the Arkansas Academic Standards for the operation of the school district pursuant to Arkansas law or Division of Elementary and Secondary Education rules. Reading, writing, speaking, and personal success skills shall be incorporated into all curriculum areas. (D/C)

1-A.1.1 For Grades K-4, all students shall receive instruction annually in each of the following content areas (S/P):

1-A.1.1.1 English Language Arts;

1-A.1.1.2 Mathematics;

1-A.1.1.3 Social Studies;

1-A.1.1.4 Science;

1-A.1.1.5 Fine Arts; and

1-A.1.1.6 Health and Safety Education and Physical Education.

1-A.1.2 For Grades 5-8, all students shall receive instruction annually in each of the following content areas (S/P):

1-A.1.2.1 English Language Arts;

1-A.1.2.2 Mathematics;

1-A.1.2.3 Science;

1-A.1.2.4 Social Studies;

1-A.1.2.5 Fine Arts;

1-A.1.2.6 Health and Safety and Physical Education; and

1-A.1.2.7 Career and Technical Education, including career awareness and exploration activities outlined in the Division Of Elementary And Secondary Education Rule Governing Career-Ready Pathways to Diploma.

1-A.1.2.8 A unit of Arkansas history shall be taught as a social studies subject at each elementary grade level in every elementary school in the state with greater emphasis at the fourth (4th) and fifth (5th) grade levels, and at least one (1) full semester of Arkansas history taught to all students at the 7th, 8th, 9th, 10th, 11th, or 12th grade level in every public secondary school in the state. (S/P)

1-A.1.2.9 Upon approval by the division, 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 licensed, or teaching under an approved licensure exception, in the course taught with students participating in appropriate examinations. (S/P)

1-A.1.3 For Grades 9-12, the following content areas shall be offered annually for a total of 38 units, except as otherwise allowed by law and these rules. The list of courses, approved by the State Board of Education for each content area, is posted annually on the division website. (S/P)

1-A.1.3.1 English Language Arts - 6 units;

1-A.1.3.2 Science - 5 units;

1-A.1.3.3 Mathematics - 6 units;

1-A.1.3.4 Computer Science - 1 unit;

1-A.1.3.5 Foreign Languages - 2 units of the same language;

1-A.1.3.6 Fine Arts - 3 ½ units;

1-A.1.3.7 Social Studies - 4 units;

1-A.1.3.8 Health and Safety Education and Physical Education - 1 ½ units; and

1-A.1.3.9 Career and Technical Education - 9 units of career and technical education courses representing three (3) programs of study where each program of study represents at least three (3) units of sequenced courses.

1-A.1.3.10 Courses offerings shall include advanced educational courses pursuant to Arkansas law or division rules. (S/P)

1-A.1.4 Following the Course Approval Process, a public school may request to combine or embed the Arkansas Academic Standards from two (2) separate courses into one (1) combined course. The public school must continue to teach the Arkansas Academic Standards for each separate course that is combined. (S/P)

1-A.2 A high school unit of credit shall be awarded for a course which meets for a minimum of 120 clock hours unless the public school district awards units of credit based on subject matter competency in compliance with the public school district's approved plan under Arkansas Code § 6-15-216. (S/P)

1-A.3 Each public school district shall establish procedures and monitoring processes to ensure that the content of each course offered by the district is consistent with the Arkansas Academic Standards. (D/C)

1-A.4 Each public school district shall adopt a school calendar and provide planned instruction per day pursuant to Arkansas law or division rules. By August 1, the school calendar shall be posted on the district website under State - Required Information. (D/C)

1-A.4.1 Each public school shall provide a minimum of 178 days of student-teacher interaction time or the equivalent as allowed by Arkansas Code §§ 6-10-106 or 6-10-117. (S/P)

1-A.4.2 Except where otherwise allowed by law, each public school shall provide a planned instructional day that averages no less than six (6) hours per day or thirty (30) hours per week. Any day in which fewer than six (6) hours of instructional time is provided to students shall be counted as one-half (1/2) of a school day if at least three (3) hours of instructional time is provided to students. Any day in which fewer than three (3) hours of instructional time is provided to students shall not be counted as part of a school day. (S/P)

1-A.4.3 At least forty (40) minutes of instructional time per school day shall be used for recess for students attending public elementary schools, in accordance with the division's nutrition and physical activity standards. (S/P)

1-A.5 Each public school district shall comply with Arkansas law and division rules regarding class size based on enrollment as of October 1 of each school year. (D/P)

1-A.6 Each public school district shall comply with Arkansas law and division rules regarding teaching load. (D/P)

1-A.7 Each public school district shall adopt instructional material consistent with the public school district's curriculum and the Arkansas Academic Standards and educational goals established by the state board pursuant to Arkansas law or division rules. (D/P)

1-A.8 The district shall provide all necessary instructional materials to each student without cost to the student. (D/P)

Standard 1-BAcademic Policies

1-B.1 Each public school district shall engage parents, staff, and students in the adoption or review of the written discipline policies, including a code of student behavior, pursuant to Arkansas law or Division of Elementary and Secondary Education rules. The public school district shall notify the parent(s) or guardian and students of the rules and procedures by which the school is governed and require a signed acknowledgement from the parent(s) or guardian that they have received the school's discipline policies. (D/C)

1-B.2 Annually by September 1, each public school district shall post its written discipline policies on the district website under State - Required Information. (D/C)

1-B.3 Each public school district shall develop and implement a written health and wellness plan as part of the district's AR App that must be submitted annually to the division by October 1. (D/C)

1-B.4 Each public school district shall comply with any requirements of the Arkansas Educational Support and Accountability Act placed on the public school or public school district. (D/P)

1-B.4.1 Each public school district and open enrollment public charter school shall develop a student success plan for each enrolled student by the end of grade eight (8) and maintain the student success plan through graduation. (D/C)

Standard 1-CStudent Performance

1-C.1 Each public school district must comply with Arkansas law and Division of Elementary and Secondary Education rules regarding the statewide student assessment system. (D/P)

1-C.1.1 Each public school shall assess at least ninety-five percent (95%) of its students on the annual statewide student assessment. (S/C)

1-C.1.2 Selected public schools shall participate in any and all components of the National Assessment of Educational Progress (NAEP). (S/C)

1-C.2 Each public school district shall adopt graduation requirements pursuant to Arkansas law or division rules and include the graduation requirements in the student handbook. (D/P)

1-C.2.1 Each public school district shall maintain accurate student records including graduation requirements. (D/P)

1-C.2.2 For graduation, students must have acquired a minimum of twenty-two (22) units of credit as determined by the State Board of Education. (S/P)

1-C.2.3 All students must pass the Arkansas civics exam with a score of at least sixty percent (60%) in order to graduate. This requirement shall not apply to those students exempt by law. (S/P)

1-C.2.4 Students in grades nine through twelve (9-12) must earn credit in a course that meets personal and family finance standards to graduate. (S/P)

1-C.2.5 Beginning with the graduating class of 2026-2027, students in grades nine through twelve (9-12) must complete at least seventy-five (75) clock hours of community service to graduate. (S/P)

1-C.2.6 Students in grades nine through twelve (9-12) shall be trained in quality psychomotor skill bases in cardiopulmonary resuscitation (CPR) to graduate. (S/P)

1-C.2.7 Beginning with the entering ninth grade class of 2022-2023, a public high school student shall be required to earn one (1) unit of credit in a Division approved high school computer science or computer science-related career and technical education course before the student graduates.

Standard 2:Student Support Services

The student support system of a public school district ensures that all students have equitable access to opportunities and supports to meet college, career and community readiness.

Standard 2-AEquitable Opportunities

2-A.1 All policies and actions of a school district's board of directors shall be nondiscriminatory and shall be in accordance with state and federal laws and the rules of the Division of Elementary and Secondary Education. (D/P)

2-A.1.1 Each public school district shall file an accurate and timely Equity Compliance Report by October 15 as part of the cycle 2 submission. (D/P)

2-A.2 The board of directors, administrators, and employees of a public school district shall not knowingly authorize the participation of students in events or activities held at a location where some students would be excluded or not given equal treatment because of the student's race, national origin, disability, sex, or ethnic background. (D/P)

Standard 2-BAttendance and Enrollment

2-B.1 Each public school district board of directors shall adopt a student attendance policy and include the attendance policy in the student handbook. (D/C)

2-B.2 Each public school shall maintain accurate student attendance records in a format prescribed by the Division. (D/P)

2-B.3 Each public school shall not admit any student who has not been age-appropriately immunized as required by state and federal laws and rules unless the student has an exemption. By December 1, the school must post the required exemption report pursuant to Arkansas Code § 6-18-702 on the district website under State - Required Information. (S/C)

Standard 2-CComprehensive School Counseling Plan

2-C.1 Each public school district shall develop and implement a written plan for providing comprehensive school counseling services to all students in the public school system pursuant to Arkansas law or Division of Elementary and Secondary Education rules. By September 1, the written plan shall be posted on the district website under State - Required Information. (D/C)

2-C.2 Each public school district shall provide a developmentally appropriate guidance program to aid students in educational, personal/social, and career development. (D/C)

Standard 2-D Media Resources for Student Support

2-D.1 Each public school district shall annually budget and expend sufficient resources to purchase and maintain an appropriate balance of print, non-print, and electronic media that is adequate in quality and quantity to meet the academic standards for all students. (D/C)

Standard 2-E Health and Safety Services

2-E.1 Each public school district shall provide a health services program under the direction of a licensed registered nurse pursuant to Arkansas law or Division of Elementary and Secondary Education rules. (D/C)

2-E.2 Each public school and public school district shall maintain appropriate materials and expertise to reasonably ensure the safety of students, employees, and visitors. (D/C)

Standard 2-FSpecial Education Services

2-F.1 All public school district personnel, teachers, and administrators must comply with the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., its implementing regulations at 34 C.F.R. Part 300, Arkansas Code § 6-41101 et seq., Arkansas law and Division of Elementary and Secondary Education rules. (D/P)

2-F.2 Each public school district shall offer a full continuum of special education services as required by the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., its implementing regulations at 34 C.F.R. Part 300, Arkansas Code § 6-41-101 et seq., Arkansas law and division rules. (D/P)

Standard 2-GGifted and Talented Services

2-G.1 Each public school district shall provide gifted and talented services pursuant to Arkansas law or Division of Elementary and Secondary Education rules. (D/C)

Standard 2-H Dyslexia Services

2-H.1 Each public school district shall provide screening and intervention for dyslexia pursuant to Arkansas law or Division of Elementary and Secondary Education rules. (D/P)

2-H.2 Each public school district shall comply with the annual dyslexia reporting as required by Arkansas Code § 6-41-606. (D/P)

Standard 2-IAlternative Education Services

2-I.1 Each public school district shall provide appropriate alternative programs for students who are identified as requiring such programs to continue their education. (D/C)

Standard 2-J English Learner Services

2-J.1 Each public school district shall conduct a home language usage survey for each student upon the student's initial enrollment to identify students that need to be screened for English for Speakers of other Language Services. (D/C)

2-J.2 Each public school district shall offer a Language Instruction Educational Program for identified English Learners pursuant to Arkansas law or Division of Elementary and Secondary Education rules. (D/C)

Standard 2-KCareer and Technical Education

2-K.2 Each public school district shall offer at least one career-ready pathway that is aligned with high-wage, high-demand jobs in Arkansas as determined by the annual list published by the Department of Education. (D/C)

Standard 3:District Operations and Fiscal Governance

The district operations and fiscal governance system of a public school district ensures alignment between resource allocation and meeting the needs of each student's academic success and wellbeing.

Standard 3-AOperating Policies, Procedures, and Training

3-A.1 Each public school district board of directors shall adopt and update written policies for the fiscal operation of the school district pursuant to Arkansas law or Division of Elementary and Secondary Education rules. By October 1, the written policies shall be posted on the district website under State - Required Information. (D/C)

3-A.2 Each public school district shall adopt written personnel policies, including the salary schedules for the licensed and classified staff. By September 15, the written policies shall be posted on the district website under State - Required Information. (D/C)

3-A.3 Each public school district shall submit accurate and timely reports deemed necessary to assure compliance with federal and state law and the rules of the Division, as requested. (D/C)

3-A.4 Each public school district shall ensure compliance with the Arkansas Public School Computer Network ("APSCN") reporting and annual training requirements required by Arkansas law and division rules. (D/C)

3-A.5 Each public school district shall employ or contract with a general business manager responsible for the fiscal operations of the school district. (D/C)

3-A.6 Each member of a public school district board of directors shall receive annual training pursuant to Arkansas law or division rules. A statement of the hours of training and instruction received by each board member for the preceding year shall be included in the annual school performance report required by law. (D/C)

3-A.7 Each public school district superintendent shall file a written statement of assurance annually by September 1 pursuant to Arkansas law or division rules. (D/C)

3-A.8 Except where otherwise allowed by law, each public school district shall comply with the Standards for Accreditation without using enhanced student achievement funding. (D/C)

3-A.9 By September 1, each public school district shall post all student handbooks on the district website under State - Required Information. (D/C)

3-A.10 Each public school district which has not obtained full and complete unitary status and has not been released from court supervised desegregation obligations shall seek to obtain a declaration of full and complete unitary status and release from all court supervision from the federal courts. (D/P)

3-A.10.1 Beginning September 15 of each year, any public school district identified in Section 3-A.10 shall submit written quarterly reports to the Division detailing the district's outstanding desegregation obligations and the district's efforts towards obtaining full unitary status and release from court supervision. The detailed plan shall include the district's progress towards meeting its obligations and timelines for reaching a determination of full unitary status and release from court supervision. (D/P)

3-A.10.2 If the Division is unable to verify the public school district's efforts to comply with the submitted detailed plan required by these Rules, the Division shall recommend to the State Board of Education whether the public school district should be placed on Probation status in accordance with these Rules. (D/P)

Standard 3-BSchool-level Improvement Plans and Reporting

3-B.1 Each public school in Arkansas shall develop, with appropriate staff and community participation, a school-level improvement plan. School improvement plans should be aligned with district goals. Components of the School Improvement Plan shall include: academic achievement and growth, a literacy support plan, family and community engagement, health and wellness, and transitional opportunities for early childhood or post-secondary success including intentional planning of course offerings. The school-level improvement plans shall be approved by the local school board and posted to the district website under State required information by August 1. (D/C)

3-B.2 Each public school district board of directors 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 pursuant to Arkansas law or Division of Elementary and Secondary Education rules. The report shall detail the progress of the district and schools toward accomplishing program goals, accreditation standards, and proposals to correct deficiencies. The report shall be made available to the public and the public shall be notified of the meeting. The most recent report shall be posted to the district website under State - Required Information by September 1. (D/C)

Standard 3-CMaintenance of Records and Reports

3-C.1 Each public school and public school district shall develop and implement a records retention policy that retains all reports and records necessary for effective planning, operation, and education pursuant to Arkansas law or Division of Elementary and Secondary Education rules. (D/C)

3-C.2 Each public school and public school district shall maintain permanent student records pursuant to Arkansas law or division rules. (D/C)

Standard 3-DFood Service

3-D.1 Each public school district shall provide food services in accordance with federal and state laws and the rules of the Division. (D/C)

Standard 4:Human Capital

The human capital system of a public school district ensures recruitment, retention, and development of effective educators and support personnel to meet the needs of the whole child.

Standard 4-ABackground Checks

4-A.1 Each public school district shall not employ personnel, whether licensed or nonlicensed, who have not successfully completed background checks pursuant to Arkansas law or Division of Elementary and Secondary Education rules. (D/C)

Standard 4-BSuperintendent

4-B.1 Each public school district shall employ a full-time superintendent or charter school executive officer to oversee all operations of the public school district. (D/P)

4-B.2 Each public school district superintendent shall meet the licensure requirements pursuant to Arkansas law or Division of Elementary and Secondary Education rules unless the public school district has a licensure exception pursuant to Arkansas law or division rules. (D/C)

Standard 4-CPrincipals and other Building and District Administrators

4-C.1 Each public school shall employ at least a half-time principal or charter school campus director. A full-time principal shall be employed when a public school's enrollment reaches three hundred (300). A public 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, dean of students, instructional supervisor, or curriculum specialist. (D/P)

4.C-2 Each public school district shall employ public school principals that meet the licensure requirements pursuant to Arkansas law or Division of Elementary and Secondary Education rules unless the public school district has a licensure exception pursuant to Arkansas law or division rules. (D/C)

4-C.3 Each public school district shall register with the Division any building or district level administrator, with the exception of the superintendent, that is in his or her first year of employment as an administrator and ensure these administrators receive mentoring support for their first three (3) years. (D/C)

4-C.4 At least once every four (4) years, the district shall report in the state approved platform a summative rating for each building and district level administrator, with the exception of the superintendent. (D/C)

Standard 4-DTeachers

4-D.1 Each public school district shall employ classroom teachers that meet the licensure requirements pursuant to Arkansas law or Division of Elementary and Secondary Education rules or are teaching under a licensure exception pursuant to Arkansas law or division rules. (D/C)

4-D.2 Each public school district shall not employ an individual, including as a substitute teacher whether directly employed by the school or through a teaching services contract, whose license has been suspended or revoked by the State Board of Education for a disqualifying offense or those, licensed or unlicensed individuals, who have been sanctioned for an ethical violation pursuant to Arkansas law or division rules. (D/C)

4-D.3 Each public school district must comply with the Right to Read Act, codified in Arkansas Code § 6-17-429, regarding the hiring of teachers who demonstrate proficiency in knowledge and practices of scientific reading instruction. (D/P)

4-D.4 Each public school district shall register with the Division any teacher that is in his or her first year of employment as a teacher and ensure these teachers receive mentoring support for their first three (3) years. (D/C)

4-D.5 At least once every four (4) years, the district shall report in the state approved platform a summative rating for each teacher. (D/C)

Standard 4-ESchool Counselors

4-E.1 Each public school district shall employ school counselors that meet the licensure requirements pursuant to Arkansas law or Division of Elementary and Secondary Education rules or are working under a licensure exception pursuant to Arkansas law or division rules. (D/C)

4-E.2 Each public school district shall have a student/school counselor ratio of no more than one to 450 students. (D/P)

4-E.3 Each public school district shall allot sufficient time for each school counselor to carry out the duties stated in the comprehensive school counseling plan pursuant to Arkansas Code § 6-18-2004. (D/P)

Standard 4-FLibrary Media Specialists

4-F.1 Each public school district shall employ library media specialists that meet the licensure requirements pursuant to Arkansas law or Division of Elementary and Secondary Education rules or are working under a licensure exception pursuant to Arkansas law or division rules. (D/C)

4-F.2 Public schools with fewer than three hundred (300) students shall employ at least one half-time library media specialist. Public schools with three hundred (300) or more students shall employ at least one full-time library media specialist. Schools enrolling fifteen hundred (1,500) or more students shall employ at least two fulltime library media specialists. (S/P)

Standard 4-GProfessional Development

4-G.1 Teachers and administrators must comply with Arkansas law or Division of Elementary and Secondary Education rules regarding professional development. (D/C)

4-G.2 Each public school district shall provide professional development in scientific reading instruction in compliance with the Right to Read Act, codified at Arkansas Code § 6-17-429. (D/P)

Standard 5:Stakeholder Communication/Family and Community Engagement

The stakeholder communication/family and community engagement system of a public school district ensures stakeholders are engaged in meaningful communication to provide an effective learning experience for each student.

Standard 5-AComprehensive Plan for Communication and Engagement

5-A.1 Each public school district shall have a written plan for parent, family, and community engagement, including the scheduling of at least two (2) parent-teacher conferences each year, pursuant to Arkansas law or Division of Elementary and Secondary Education rules. By October 1, the plan shall be posted on the district website under State - Required Information, as part of the district's AR App. (D/C)

Standard 6:Facilities and Transportation

The facilities and transportation system of a public school district ensures a quality learning environment for Arkansas students.

Standard 6-AFacilities and Equipment

6-A.1 Each public school district shall plan, construct, and maintain school facilities in accordance with federal laws, Arkansas law, and Division of Public School Academic Facilities and Transportation rules. (D/C)

6-A.2 Each public school district shall adopt and implement school safety policies and procedures pursuant to Arkansas law, Division of Elementary and Secondary Education rules, or Division of Public School Academic Facilities and Transportation rules. (D/P)

005.28.24 Ark. Code R. 043

Adopted by Arkansas Register Volume 49, Number 12, Effective 12/5/2024