6 CAR Part 61 — Rules Governing Standards for Accreditation of Arkansas Public Schools and Public School Districts

title-6-part-616 CAR pt. 61Regulation

Abrir fonte

Chapter I

Subchapter C

Subpart 1

6 CAR § 61-101 Purpose {#sec-6-car-61-101 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-101}

6 CAR § 61-101. Purpose.

(a) This part is to:

(1) Set forth the standards for accreditation to all public schools and public school districts; and

(2) Apply the standards for accreditation to all public schools and public school districts for the purpose of determining accreditation of the school and district.

(b) This part:

(1) Describes the:

(A) Minimum requirements and process from which Arkansas public schools and public school districts are accredited; and

(B) 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

(2) Sets forth the enforcement actions that may be applied to Arkansas public schools and public school districts that fail to meet the standards for accreditation.

6 CAR § 61-102 Definitions {#sec-6-car-61-102 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-102}

6 CAR § 61-102. Definitions.

As used in this part:

(1) “Career-ready pathways” means a sequence of courses and activities to prepare students for success after high school that includes:

(A) The minimum academic core;

(B) A sequence of career and technical education courses in a program of study aligned with high-wage, high-demand jobs in Arkansas; and

(C) The opportunity to earn a credential of value;

(2) “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 this part;

(3) “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;

(4) "Probation” means the status assigned to a public school or public school district that fails to:

(A) Meet any standard identified by a “P” as being a probationary violation in this part; or

(B) Correct a violation by the specified deadline for which it acquired cited status;

(5) "Public school" means:

(A) A school operated by a public school district; or

(B) An open-enrollment public charter school as defined in Arkansas Code § 6-23-103;

(6) “Public school district” means:

(A) A geographic area that:

(i) Qualifies as a taxing unit for purposes of ad valorem property taxes under:

(a) Arkansas Code § 26-1-101 et seq.; and

(b) Arkansas Constitution, Article 14, § 3; and

(ii) Is either:

(a) Governed by an elected board of directors; or

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

(B) An open-enrollment public charter school as defined in Arkansas Code § 6-23-103;

(7) “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 Division of Elementary and Secondary Education as outlined in Subparts 2 – 7; and

(8) “Written curriculum” includes:

(A) Identified sequences of student learning expectations, pacing, materials, and resources used to teach the Arkansas academic standards; and

(B) Processes for evaluating mastery of the standards at particular points in time throughout the kindergarten through grade twelve (K-12) educational program.

6 CAR § 61-103 Biannual review and approval of the standards for accreditation {#sec-6-car-61-103 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-103}

6 CAR § 61-103. Biannual review and approval of the standards for accreditation.

(a) The Division of Elementary and Secondary Education:

(1) Is responsible for the development of the standards for accreditation; and

(2) Shall review these standards at least every two (2) years to ensure alignment with the:

(A) Laws of the State of Arkansas; and

(B) Rules of the division.

(b) The review process shall include:

(1)(A) Public notice of the intent to review the standards.

(B) Public notice may include notice of intent provided:

(i) At a State Board of Education meeting;

(ii) On the division’s website;

(iii) By commissioner’s memo; or

(iv) On the division’s social media;

(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:

(A) Have the most violations; or

(B) Be in conflict with state law or rules;

(3) Revision, as needed, of the standards for accreditation by division staff;

(4) Submission of the revised standards for accreditation for review by the state board and consideration for release for public comment;

(5) Submission to the Senate Committee on Education and House Committee on Education for review and feedback to the state board;

(6) Review of the Senate Committee on Education and House Committee on Education feedback and necessary revisions; and

(7) Submission of standards for accreditation to the state board for approval.

6 CAR § 61-104 Cited status {#sec-6-car-61-104 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-104}

6 CAR § 61-104. Cited status.

(a) 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.

(b) 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.

(c) 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 this part.

(d) 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 CAR § 61-105 Probationary status {#sec-6-car-61-105 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-105}

6 CAR § 61-105. Probationary status.

(a) A public school district shall be assigned Probation status when it:

(1) Is deemed to have failed to meet any standard defined with a district probationary status (“D/P”) in the standards for accreditation; or

(2) Was in Cited status for the same violation the previous two (2) consecutive school years.

(b) A public school shall be assigned Probation status when it:

(1) Is deemed to have failed to meet any standard defined with a school probationary status (“S/P”) in the standards for accreditation; or

(2) Was in Cited status for the same violation the previous two (2) consecutive school years.

(c) A public school or school district may be assigned Probation status if the public school or school district:

(1) Is deemed to have failed to meet three (3) or more standards in any one (1) school year; or

(2) Fails to meet standards for accreditation for three (3) consecutive school years.

(d) 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.

(e) 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:

(1) Arkansas Code § 6-15-207; and

(2) 6 CAR § 61-108.

6 CAR § 61-106 Accreditation of public schools and public school districts {#sec-6-car-61-106 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-106}

6 CAR § 61-106. Accreditation of public schools and public school districts.

(a) A public school or public school district shall be:

(1) Accredited based on compliance with the standards for accreditation; and

(2) Identified as Accredited.

(b) 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.

(c) Any person who knowingly submits or falsifies information requested or required by the Division of Elementary and Secondary Education may be subject to licensure action pursuant to:

(1) Arkansas Code § 6-17-410; and

(2) Other relevant state and federal law.

(d) Accreditation process.

(1) The division shall annually review all public school and public school district accreditation reports.

(2) The division shall:

(A) Investigate any suspected deficiencies in meeting the standards for accreditation;

(B) Investigate all written complaints alleging violations of the standards for accreditation received by the division;

(C) Conduct additional review of public schools and public school districts identified as being at risk of failing to meet the standards for accreditation; and

(D) Conduct an onsite review of public schools and public school districts whenever the division or State Board of Education deems necessary.

(3)(A) At any time, a public school or public school district that 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.

(B) Any deficiency unresolved shall be reported to the state board for consideration of action.

(4) At any time, but no later than May 1, the division shall notify the public school district superintendent of the public school’s or public school district’s recommended accreditation status.

(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 6 CAR § 61-107.

(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:

(A) Arkansas Code § 6-15-207; and

(B) 6 CAR § 61-108.

6 CAR § 61-107 Specific time frame for citations or probations {#sec-6-car-61-107 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-107}

6 CAR § 61-107. Specific time frame for citations or probations.

(a) A public school or public school district may be placed in Cited or Probation status at any time if:

(1) Any violation of the standards for accreditation has not been corrected; or

(2) 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.

(b) The division will:

(1) Review the submitted documentation; and

(2) Respond in writing with the length of time that will be allowed for correction of the deficiency.

(c) The recommended accreditation status will be submitted to the State Board of Education for final approval.

(d)(1) After approval by the state board, the public school or public school district will be identified as:

(A) Accredited;

(B) Cited; or

(C) Probation.

(2) An identification as Cited or Probation shall be considered the first year of identification.

(3) The identification will remain in place for the following school year, which shall be considered the second year of identification.

6 CAR § 61-108 Enforcement of standards for accreditation {#sec-6-car-61-108 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-108}

6 CAR § 61-108. Enforcement of standards for accreditation.

(a)(1) The State Board of Education may, on its own motion or upon petition from the Division of Elementary and Secondary Education, take any number of the following actions listed in subsection (c) of this section to address a public school or public school district that 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 6 CAR § 61-106(d)(4).

(2) The division shall petition the state board for enforcement action as allowed by this part when a public school or public school district has failed to remedy all probationary violations within the specified time period for correction.

(b) The state board shall take at least one (1) of the actions listed in subsection (c) of this section 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 state 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.

(c) 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:

(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;

(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;

(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;

(4) Require a public school district to close down or dissolve a particular public school or schools within a public school district;

(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.;

(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.;

(7)(A) Reconstitute the leadership of a public school district by removing permanently or suspending on a temporary basis:

(i) The superintendent of the public school district; or

(ii) Any particular board members of a public school district.

(B) The state board 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;

(8) Accept a corrective action plan to:

(A) Address the violations of the standards for accreditation; and

(B) Designate the public school or public school district as being Corrective Action; or

(9) Take any other appropriate action allowed by law that is determined by the state board to assist and address a public school or public school district failing to meet the standards for accreditation.

6 CAR § 61-109 Right of appeal {#sec-6-car-61-109 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-109}

6 CAR § 61-109. Right of appeal.

(a) 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.

(b)(1) Any appeal shall be held at an open hearing, and the decision of the State Board of Education shall be in open session.

(2) 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.

(c) 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:

(1) All persons wishing to testify before the state board shall first be placed under oath by the Chair of the State Board of Education;

(2)(A) The division shall have up to fifteen (15) minutes to present its case to the state board.

(B) The chair may allow additional time if necessary;

(3)(A) The appealing public school district shall have up to fifteen (15) minutes to present its case to the state board.

(B) The chair may allow additional time if necessary;

(4) The state board may pose questions to any party at any time during the hearing;

(5) The state board shall then discuss, deliberate, and vote upon the matter;

(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; and

(7) The state board shall issue a written order concerning the matter.

(d) The state board may:

(1) Approve the classification of the public school’s or public school district’s accreditation status as determined by the division; or

(2) Sustain the appeal of the district.

(e) 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.

6 CAR § 61-110 Waiver authority {#sec-6-car-61-110 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-110}

6 CAR § 61-110. Waiver authority.

(a)(1)(A) 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.

(B) However, no curricula, student performance, school performance, or any standard required by law may be waived for any time period.

(2) A petition for a waiver under subdivision (a)(1)(A) of this section shall be filed with the division under the procedures outlined in the Division of Elementary and Secondary Education’s Rules Governing Act 1240 Waivers, 6 CAR pt. 230.

(b) A waiver of any standard for accreditation approved by the state board shall only apply to the school year in which it was granted.

6 CAR § 61-111 Notification to the public {#sec-6-car-61-111 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-111}

6 CAR § 61-111. Notification to the public.

(a) 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.

(b) The public notice shall be in an understandable and uniform format.

(c) Immediately after the state board’s determination, the public notice shall be:

(1) Published or disseminated on the website of the public school district; and

(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.

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

Subpart 2

6 CAR § 61-201 Standard 1 — Academics {#sec-6-car-61-201 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-201}

6 CAR § 61-201. 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.

6 CAR § 61-202 Standard 1-A — Curriculum and instruction {#sec-6-car-61-202 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-202}

6 CAR § 61-202. Standard 1-A — Curriculum and instruction.

(a)(1)(A) Each public school district board of directors shall annually adopt and implement a written curriculum aligned to the Arkansas academic standards for the operation of the school district pursuant to:

(i) Arkansas law; or

(ii) Division of Elementary and Secondary Education rules.

(B) Reading, writing, speaking, and personal success skills shall be incorporated into all curriculum areas. (D/C)

(2) For kindergarten through grade four (K-4), all students shall receive instruction annually in each of the following content areas (S/P):

(A) English language arts;

(B) Mathematics;

(C) Social studies;

(D) Science;

(E) Fine arts; and

(F) Health and safety education and physical education.

(3)(A) For grades five through eight (5-8), all students shall receive instruction annually in each of the following content areas (S/P):

(i) English language arts;

(ii) Mathematics;

(iii) Science;

(iv) Social studies;

(v) Fine arts;

(vi) Health and safety and physical education; and

(vii) Career and technical education, including career awareness and exploration activities outlined in the Division of Elementary and Secondary Education’s Rule Governing Career-Ready Pathways to Diploma, 6 CAR pt. 106.

(B) 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 and fifth grade levels, and at least one (1) full semester of Arkansas history taught to all students at the seventh, eighth, ninth, tenth, eleventh, or twelfth grade level in every public secondary school in the state. (S/P)

(C)(i) Upon approval by the division, courses taught in grades five through eight (5-8) may be offered for high school graduation credit.

(ii) 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.

(iii) Teachers shall be licensed, or teaching under an approved licensure exception, in the course taught, with students participating in appropriate examinations. (S/P)

(4)(A) For grades nine through twelve (9-12), the following content areas shall be offered annually for a total of thirty-eight (38) units, except as otherwise allowed by law and this part.

(B) The list of courses, approved by the State Board of Education for each content area, is posted annually on the division website (S/P):

(i) English language arts — Six (6) units;

(ii) Science — Five (5) units;

(iii) Mathematics — Six (6) units;

(iv) Computer science — One (1) unit;

(v) Foreign languages — Two (2) units of the same language;

(vi) Fine arts — Three and one-half (3 1/2) units;

(vii) Social studies — Four (4) units;

(viii) Health and safety education and physical education — One and one-half (1 1/2) units; and

(ix) Career and technical education — Nine (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.

(C) Course offerings shall include advanced educational courses pursuant to:

(i) Arkansas law; or

(ii) Division rules. (S/P)

(5)(A) 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.

(B) The public school must continue to teach the Arkansas academic standards for each separate course that is combined. (S/P)

(b) A high school unit of credit shall be awarded for a course that meets for a minimum of one hundred twenty (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)

(c) 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)

(d)(1)(A) Each public school district shall adopt a school calendar and provide planned instruction per day pursuant to:

(i) Arkansas law; or

(ii) Division rules.

(B) By August 1, the school calendar shall be posted on the district website under State-Required Information. (D/C)

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

(3)(A) Except where otherwise allowed by law, each public school shall provide a planned instructional day that averages no less than:

(i) Six (6) hours per day; or

(ii) Thirty (30) hours per week.

(B) 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.

(C) 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)

(4) 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)

(e) 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)

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

(g) Each public school district shall adopt instructional material consistent with the:

(1) Public school district’s curriculum; and

(2) Arkansas academic standards and educational goals established by the state board pursuant to:

(A) Arkansas law; or

(B) Division rules. (D/P)

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

6 CAR § 61-203 Standard 1-B — Academic policies {#sec-6-car-61-203 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-203}

6 CAR § 61-203. Standard 1-B — Academic policies.

(a)(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:

(A) Arkansas law; or

(B) Division of Elementary and Secondary Education rules.

(2) The public school district shall:

(A) Notify the parent or parents or guardian and students of the rules and procedures by which the school is governed; and

(B) Require a signed acknowledgement from the parent or parents or guardian that they have received the school’s discipline policies. (D/C)

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

(c) 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)

(d)(1) Each public school district shall comply with any requirements of the Arkansas Educational Support and Accountability Act, Arkansas Code § 6-15-2901 et seq., placed on the public school or public school district. (D/P)

(2) Each public school district and open-enrollment public charter school shall:

(A) Develop a student success plan for each enrolled student by the end of grade eight (8); and

(B) Maintain the student success plan through graduation. (D/C)

6 CAR § 61-204 Standard 1-C — Student performance {#sec-6-car-61-204 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-204}

6 CAR § 61-204. Standard 1-C — Student performance.

(a)(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)

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

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

(b)(1) Each public school district shall:

(A) Adopt graduation requirements pursuant to:

(i) Arkansas law; or

(ii) Division rules; and

(B) Include the graduation requirements in the student handbook. (D/P)

(2) Each public school district shall maintain accurate student records, including graduation requirements. (D/P)

(3) 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)

(4)(A) All students must pass the Arkansas civics exam with a score of at least sixty percent (60%) in order to graduate.

(B) This requirement shall not apply to those students exempt by law. (S/P)

(5) 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)

(6) 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)

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

(8) 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.

Subpart 3

6 CAR § 61-301 Standard 2 — Student support services {#sec-6-car-61-301 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-301}

6 CAR § 61-301. 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.

6 CAR § 61-302 Standard 2-A — Equitable opportunities {#sec-6-car-61-302 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-302}

6 CAR § 61-302. Standard 2-A — Equitable opportunities.

(a)(1) All policies and actions of a school district’s board of directors shall be:

(A) Nondiscriminatory; and

(B) In accordance with:

(i) State and federal laws; and

(ii) The rules of the Division of Elementary and Secondary Education. (D/P)

(2) 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)

(b) 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:

(1) Race;

(2) National origin;

(3) Disability;

(4) Sex; or

(5) Ethnic background. (D/P)

6 CAR § 61-303 Standard 2-B — Attendance and enrollment {#sec-6-car-61-303 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-303}

6 CAR § 61-303. Standard 2-B — Attendance and enrollment.

(a) Each public school district board of directors shall:

(1) Adopt a student attendance policy; and

(2) Include the attendance policy in the student handbook. (D/C)

(b) Each public school shall maintain accurate student attendance records in a format prescribed by the Division of Elementary and Secondary Education. (D/P)

(c)(1) 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.

(2) 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)

6 CAR § 61-304 Standard 2-C — Comprehensive school counseling plan {#sec-6-car-61-304 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-304}

6 CAR § 61-304. Standard 2-C — Comprehensive school counseling plan.

(a)(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:

(A) Arkansas law; or

(B) Division of Elementary and Secondary Education rules.

(2) By September 1, the written plan shall be posted on the district website under State-Required Information. (D/C)

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

6 CAR § 61-305 Standard 2-D — Media resources for student support {#sec-6-car-61-305 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-305}

6 CAR § 61-305. Standard 2-D — Media resources for student support.

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

6 CAR § 61-306 Standard 2-E — Health and safety services {#sec-6-car-61-306 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-306}

6 CAR § 61-306. Standard 2-E — Health and safety services.

(a) Each public school district shall provide a health services program under the direction of a licensed registered nurse pursuant to:

(1) Arkansas law; or

(2) Division of Elementary and Secondary Education rules. (D/C)

(b) Each public school and public school district shall maintain appropriate materials and expertise to reasonably ensure the safety of:

(1) Students;

(2) Employees; and

(3) Visitors. (D/C)

6 CAR § 61-307 Standard 2-F — Special education services {#sec-6-car-61-307 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-307}

6 CAR § 61-307. Standard 2-F — Special education services.

(a) All public school district personnel, teachers, and administrators must comply with:

(1) Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.;

(2) Individuals with Disabilities Education Act’s implementing regulations at 34 C.F.R. pt. 300;

(3) Arkansas Code § 6-41-101 et seq.;

(4) Arkansas law; and

(5) Division of Elementary and Secondary Education rules. (D/P)

(b) Each public school district shall offer a full continuum of special education services as required by:

(1) Individuals with Disabilities Education Act;

(2) Individuals with Disabilities Education Act’s implementing regulations at 34 C.F.R. pt. 300;

(3) Arkansas Code § 6-41-101 et seq.;

(4) Arkansas law; and

(5) Division rules. (D/P)

6 CAR § 61-308 Standard 2-G — Gifted and talented services {#sec-6-car-61-308 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-308}

6 CAR § 61-308. Standard 2-G — Gifted and talented services.

Each public school district shall provide gifted and talented services pursuant to:

(1) Arkansas law; or

(2) Division of Elementary and Secondary Education rules. (D/C)

6 CAR § 61-309 Standard 2-H — Dyslexia services {#sec-6-car-61-309 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-309}

6 CAR § 61-309. Standard 2-H — Dyslexia services.

(a) Each public school district shall provide screening and intervention for dyslexia pursuant to:

(1) Arkansas law; or

(2) Division of Elementary and Secondary Education rules. (D/P)

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

6 CAR § 61-310 Standard 2-I — Alternative education services {#sec-6-car-61-310 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-310}

6 CAR § 61-310. Standard 2-I — Alternative education services.

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

6 CAR § 61-311 Standard 2-J — English learner services {#sec-6-car-61-311 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-311}

6 CAR § 61-311. Standard 2-J — English learner services.

(a) Each public school district shall conduct a home language usage survey for each student upon the student’s initial enrollment to identify students who need to be screened for English for Speakers of Other Languages services. (D/C)

(b) Each public school district shall offer a Language Instruction Educational Program for identified English learners pursuant to:

(1) Arkansas law; or

(2) Division of Elementary and Secondary Education rules. (D/C)

6 CAR § 61-312 Standard 2-K — Career and technical education {#sec-6-car-61-312 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-312}

6 CAR § 61-312. Standard 2-K — Career and technical education.

Each public school district shall offer at least one (1) 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)

Subpart 4

6 CAR § 61-401 Standard 3 — District operations and fiscal governance {#sec-6-car-61-401 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-401}

6 CAR § 61-401. Standard 3 — District operations and fiscal governance.

The district operations and fiscal governance system of a public school district ensures alignment between:

(1) Resource allocation; and

(2) Meeting the needs of each student’s academic success and well-being.

6 CAR § 61-402 Standard 3-A — Operating policies, procedures, and training {#sec-6-car-61-402 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-402}

6 CAR § 61-402. Standard 3-A — Operating policies, procedures, and training.

(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:

(A) Arkansas law; or

(B) Division of Elementary and Secondary Education rules.

(2) By October 1, the written policies shall be posted on the district website under State-Required Information. (D/C)

(b)(1) Each public school district shall adopt written personnel policies, including the salary schedules for the licensed and classified staff.

(2) By September 15, the written policies shall be posted on the district website under State-Required Information. (D/C)

(c) Each public school district shall submit accurate and timely reports deemed necessary to ensure compliance with federal and state law and the rules of the division, as requested. (D/C)

(d) Each public school district shall ensure compliance with the Arkansas Public School Computer Network reporting and annual training requirements required by:

(1) Arkansas law; and

(2) Division rules. (D/C)

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

(f)(1) Each member of a public school district board of directors shall receive annual training pursuant to:

(A) Arkansas law; or

(B) Division rules.

(2) 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)

(g) Each public school district superintendent shall file a written statement of assurance annually by September 1 pursuant to:

(1) Arkansas law; or

(2) Division rules. (D/C)

(h) 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)

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

(j)(1) Each public school district that 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)

(2)(A) Beginning September 15 of each year, any public school district identified in this subsection shall submit written quarterly reports to the division detailing the district’s:

(i) Outstanding desegregation obligations; and

(ii) Efforts towards obtaining:

(a) Full unitary status; and

(b) Release from court supervision.

(B) The detailed plan shall include:

(i) The district’s progress towards meeting its obligations; and

(ii) Timelines for reaching a determination of full unitary status and release from court supervision. (D/P)

(3) If the division is unable to verify the public school district’s efforts to comply with the submitted detailed plan required by this part, the division shall recommend to the State Board of Education whether the public school district should be placed on Probation status in accordance with this part. (D/P)

6 CAR § 61-403 Standard 3-B — School-level improvement plans and reporting {#sec-6-car-61-403 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-403}

6 CAR § 61-403. Standard 3-B — School-level improvement plans and reporting.

(a)(1) Each public school in Arkansas shall develop, with appropriate staff and community participation, a school-level improvement plan.

(2) School improvement plans should be aligned with district goals.

(3) Components of the school improvement plan shall include:

(A) Academic achievement and growth;

(B) A literacy support plan;

(C) Family and community engagement;

(D) Health and wellness; and

(E) Transitional opportunities for early childhood or postsecondary success including intentional planning of course offerings.

(4) 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)

(b)(1) 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:

(A) Arkansas law; or

(B) Division of Elementary and Secondary Education rules.

(2) The report shall detail the progress of the district and schools toward accomplishing program goals, accreditation standards, and proposals to correct deficiencies.

(3) The report shall be made available to the public and the public shall be notified of the meeting.

(4) The most recent report shall be posted to the district website under State-Required Information by September 1. (D/C)

6 CAR § 61-404 Standard 3-C — Maintenance of records and reports {#sec-6-car-61-404 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-404}

6 CAR § 61-404. Standard 3-C — Maintenance of records and reports.

(a) 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:

(1) Arkansas law; or

(2) Division of Elementary and Secondary Education rules. (D/C)

(b) Each public school and public school district shall maintain permanent student records pursuant to:

(1) Arkansas law; or

(2) Division rules. (D/C)

6 CAR § 61-405 Standard 3-D — Food service {#sec-6-car-61-405 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-405}

6 CAR § 61-405. Standard 3-D — Food service.

Each public school district shall provide food services in accordance with:

(1) Federal and state laws; and

(2) The rules of the Division of Elementary and Secondary Education. (D/C)

Subpart 5

6 CAR § 61-501 Standard 4 — Human capital {#sec-6-car-61-501 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-501}

6 CAR § 61-501. 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.

6 CAR § 61-502 Standard 4-A — Background checks {#sec-6-car-61-502 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-502}

6 CAR § 61-502. Standard 4-A — Background checks.

Each public school district shall not employ personnel, whether licensed or nonlicensed, who have not successfully completed background checks pursuant to:

(1) Arkansas law; or

(2) Division of Elementary and Secondary Education rules. (D/C)

6 CAR § 61-503 Standard 4-B — Superintendent {#sec-6-car-61-503 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-503}

6 CAR § 61-503. Standard 4-B — Superintendent.

(a) 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)

(b) 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:

(1) Arkansas law; or

(2) Division rules. (D/C)

6 CAR § 61-504 Standard 4-C — Principals and other building and district administrators {#sec-6-car-61-504 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-504}

6 CAR § 61-504. Standard 4-C — Principals and other building and district administrators.

(a)(1) Each public school shall employ at least a half-time principal or charter school campus director.

(2) A full-time principal shall be employed when a public school's enrollment reaches three hundred (300).

(3) A public school district superintendent may be permitted to serve as a half-time principal when district enrollment is less than three hundred (300) providing the superintendent is:

(A) Appropriately certified; and

(B) Not already teaching classes.

(4) Schools with an enrollment exceeding five hundred (500) shall employ at least:

(A) One (1) full-time principal; and

(B) A half-time:

(i) Assistant principal;

(ii) Dean of students;

(iii) Instructional supervisor; or

(iv) Curriculum specialist. (D/P)

(b) Each public school district shall employ public school principals who 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:

(1) Arkansas law; or

(2) Division rules. (D/C)

(c) Each public school district shall:

(1) Register with the division any building-level or district-level administrator, with the exception of the superintendent, who is in his or her first year of employment as an administrator; and

(2) Ensure these administrators receive mentoring support for their first three (3) years. (D/C)

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

6 CAR § 61-505 Standard 4-D — Teachers {#sec-6-car-61-505 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-505}

6 CAR § 61-505. Standard 4-D — Teachers.

(a) Each public school district shall employ classroom teachers who:

(1) Meet the licensure requirements pursuant to:

(A) Arkansas law; or

(B) Division of Elementary and Secondary Education rules; or

(2) Are teaching under a licensure exception pursuant to:

(A) Arkansas law; or

(B) Division rules. (D/C)

(b) Each public school district shall not employ:

(1) 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

(2) Those licensed or unlicensed individuals who have been sanctioned for an ethical violation pursuant to:

(A) Arkansas law; or

(B) Division rules. (D/C)

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

(d) Each public school district shall:

(1) Register with the division any teacher who is in his or her first year of employment as a teacher; and

(2) Ensure these teachers receive mentoring support for their first three (3) years. (D/C)

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

6 CAR § 61-506 Standard 4-E — School counselors {#sec-6-car-61-506 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-506}

6 CAR § 61-506. Standard 4-E — School counselors.

(a) Each public school district shall employ school counselors who:

(1) Meet the licensure requirements pursuant to:

(A) Arkansas law; or

(B) Division of Elementary and Secondary Education rules; or

(2) Are working under a licensure exception pursuant to:

(A) Arkansas law; or

(B) Division rules. (D/C)

(b) Each public school district shall have a student/school counselor ratio of no more than one (1) to four hundred fifty (450) students. (D/P)

(c) 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)

6 CAR § 61-507 Standard 4-F — Library media specialists {#sec-6-car-61-507 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-507}

6 CAR § 61-507. Standard 4-F — Library media specialists.

(a) Each public school district shall employ library media specialists who:

(1) Meet the licensure requirements pursuant to:

(A) Arkansas law; or

(B) Division of Elementary and Secondary Education rules; or

(2) Are working under a licensure exception pursuant to:

(A) Arkansas law; or

(B) Division rules. (D/C)

(b)(1) Public schools with fewer than three hundred (300) students shall employ at least one (1) half-time library media specialist.

(2) Public schools with three hundred (300) or more students shall employ at least one (1) full-time library media specialist.

(3) Schools enrolling fifteen hundred (1,500) or more students shall employ at least two (2) full-time library media specialists. (S/P)

6 CAR § 61-508 Standard 4-G — Professional development {#sec-6-car-61-508 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-508}

6 CAR § 61-508. Standard 4-G — Professional development.

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

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

Subpart 6

6 CAR § 61-601 Standard 5 — Stakeholder communication — Family and community engagement {#sec-6-car-61-601 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-601}

6 CAR § 61-601. 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.

6 CAR § 61-602 Standard 5-A — Comprehensive plan for communication and engagement {#sec-6-car-61-602 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-602}

6 CAR § 61-602. Standard 5-A — Comprehensive plan for communication and engagement.

(a) 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:

(1) Arkansas law; or

(2) Division of Elementary and Secondary Education rules.

(b) 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)

Subpart 7

6 CAR § 61-701 Standard 6 — Facilities and transportation {#sec-6-car-61-701 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-701}

6 CAR § 61-701. Standard 6 — Facilities and transportation.

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

6 CAR § 61-702 Standard 6-A — Facilities and equipment {#sec-6-car-61-702 omnilex-key=us-ar-regs-official--title-6-part-61--6 CAR § 61-702}

6 CAR § 61-702. Standard 6-A — Facilities and equipment.

(a) Each public school district shall plan, construct, and maintain school facilities in accordance with:

(1) Federal laws;

(2) Arkansas law; and

(3) Division of Public School Academic Facilities and Transportation rules. (D/C)

(b) Each public school district shall adopt and implement school safety policies and procedures pursuant to:

(1) Arkansas law;

(2) Division of Elementary and Secondary Education rules; or

(3) Division of Public School Academic Facilities and Transportation rules. (D/P)

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