Current through Register Vol. 49, No. 9, September, 2024
I.
AUTHORITY:
The authority of the Board of Correction to promulgate this
Administrative Rule is confirmed in Act 50 of 1968 as amended; Act 279 of 1973,
created the Arkansas Department of Correction School District; and Act 288 of
1985, created Riverside Vo-Tech within the Arkansas Department of
Correction.
II.
PURPOSE:
This Administrative Rule establishes the policy of the Department
with respect to education and the interactions between educational services and
the administration of the Department.
III.
APPLICABILITY:
This Administrative Rule applies to the Board of Correction and
Administration of the Department, to the administrators, instructors and
support staff of all educational programs operating within the Department and
to all volunteer organizations and individuals supporting the educational
process within the Department, and to all inmates participating in educational
programs.
IV.
DEFINITIONS:
A. "Educational services" refers to all
programs in the Arkansas Department of Correction School District, Riverside
Vo-Tech, to college courses taught on-site by any regionally accredited college
or university, and to volunteer organizations and individuals who provide
financial aid, tutor training, or direct instruction in coordination with an
established program.
B.
"Instructional space" refers to classrooms, laboratories, workshops, office
spaces, and furnishings, other than instructional aids and materials.
C. "Access" refers to the general
availability of educational services to all inmates, with exceptions made only
when necessary for the good order and security of the institutions. Access may
also be limited by the screening mechanisms of educational services on the
basis of need and appropriateness of placement.
D. "School Board" refers to the Department's
Board of Correction formally sitting as the School Board and having authority
to approve budgets, contracts and programs for operation of the School
District.
V.
POLICY:
It shall be the policy of the Department to provide instructional
space for the operation of approved educational programs in selected units of
the Department and to allow those inmates in need of these programs access to
them.
VI.
PROCEDURES:
A. Each educational service will have written
policies and procedures which include admission, operational and dismissal
policies and maintenance of records.
B. Each educational service shall conform to
all state and federal standards and requirements applicable in a correctional
setting. Staff should be appropriately certified.
C. Staff of educational services shall be
trained on relevant Administrative Rules and Administrative Directives of the
Department and are expected to comply with them, and to support the good order
and smooth operations of the institution.
D. Staff of educational services have the
authority to take disciplinary action.
E. Each educational service should make its
admission criteria and rules for operation available to inmates.
F. All inmates entering the Department are
tested and/or interviewed as to their education level and job related skills.
This information is documented and available to educators and to classification
committees.
G. Inmates having
academic scores or skills below a certain level set by the Board may be
required to participate in educational programs.
H. Beyond minimum requirements, inmates may
request participation in educational programs. Acceptance or refusal may be
predicated on custody level, as defined by Administrative Directive, and need
of and/or appropriateness for the program in accordance with defined standards
set or approved by the Department of Education or School Board approved
practice.
I. An inmate's class may
be considered in the decision of the classification committee to assign an
inmate to a particular program. Loss of class should not be considered an
automatic barrier to educational services. However disciplinary programs, if
disruptive of classes or resulting in absence due to punitive isolation or
restrictions, may be considered cause for suspension or termination of
educational services.
J. Programs
will be evaluated at least every three years to determine whether objectives
are being met. Part of this evaluation should relate to the Department of
Education's Review and Certification process. Another part should relate to
penological operations and goals.
VII.
REFERENCES:
Act 279 of 1983.
Act 288 of 1985.
Act 445 of 1983,
6-15-201 thru 212.
Act 751 of 1985,
12-29-304.
ACA Standards 2-4334, 2-4423, and 2-4436.
Board Approval Date:
Effective Date: 4/2/90