Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 01 - Division of Fiscal and Administrative Services
Rule 005.01.06-003 - Amendment to Rules Governing the Arkansas Comprehensive Testing, Assessment and Accountability Program (ACTAAP) and the Academic Distress Program
Universal Citation: AR Admin Rules 005.01.06-003
Current through Register Vol. 49, No. 2, February 2024
1.0 Regulatory Authority
1.01 These Rules shall
be known as the Arkansas Department of Education Rules Governing the Arkansas
Comprehensive Testing, Assessment and Accountability Program
(ACTAAP).
1.02 The State Board of
Education promulgated these Rules pursuant to implementation of A.C.A.
§§
6-11-105,
6-15-431,
6-15-437,
25-15-201 and
Act 2243 of the 85th Arkansas General
Assembly.
2.0 Purposes of Rules
2.01 To develop a single
comprehensive testing, assessment and accountability program, which applies to
and governs all public schools and public school districts in
Arkansas.
2.02 To develop a single
comprehensive testing, assessment and accountability program which utilizes the
most current and effective testing, evaluation and assessment research
information designed to achieve the following:
2.02.1 Clear academic standards that are
periodically reviewed and revised;
2.02.2 Professional development standards for
all administrators, teachers and instructional support personnel;
2.02.3 Expected achievement levels;
2.02.4 Reporting on student achievement and
other indicators;
2.02.5 School and
school district evaluation data;
2.02.6 A system of sanctions and rewards
based on performance of schools and school districts; and
2.02.7 Compliance with current federal and
state law and State Board of Education policies.
2.03 To ensure that all students in the
public schools of Arkansas have an equal opportunity to demonstrate grade-level
academic proficiency through the application of knowledge and skills in the
core academic subjects consistent with state curriculum frameworks, performance
standards and assessments.
2.04 To
improve student learning and classroom instruction and to support high academic
standards for all students, including identifiable subgroups, by establishing
the provisions, procedures and requirements for the student assessment
program.
2.05 To require
point-in-time intervention when it is determined that a student(s) is not
performing at grade level.
2.06 To
outline testing and assessment security and confidentiality
requirements.
2.07 To establish a
program to identify, evaluate, assist and advise public school districts in
academic distress.
3.0 Definitions - For the purpose of these Rules, the following terms mean:
3.01 "Academic Content Standards" - a series
of documents that specify what a student enrolled in an Arkansas Public School
should know and be able to do. These Academic Content Standards also provide
the foundation for development of the State assessment system.
3.02 "Academic Distress" - a classification
assigned to any public school district in which 75% or more of its students
perform at the "below basic" performance level on the criterion-referenced
assessments administered in that district.
3.03 "Academic Improvement Plan" - a plan
detailing supplemental or intervention and remedial instruction, or both, in
deficient academic areas for any student who is not proficient on the
state-mandated criterion-referenced assessments and state mandated
developmental appropriate assessments for K-2 (or delayed as that term is
defined in "Uniform Readiness Screening").
3.04 "Adequate Yearly Progress" - the level
of academic performance required of public schools or school districts on the
state-mandated criterion-referenced assessments and/or other indicators as
required in the ACTAAP, which shall comply with State and Federal
law.
3.05 "Alternative Education
Intervention Program" - A special instructional program for students who have
been retained for two consecutive years. The program shall include
research-based learning opportunities and instructional strategies.
3.06 "Approved Early Reading Assessments" -
Those assessments that identify students' strengths and weaknesses in all of
the elements of reading as described in the Report of the National Reading
Panel.
3.07 "Approved Intensive
Reading Program" - Programs of high-quality instruction that include the
essential elements of reading described in the Report of the National Reading
Panel.
3.08 "Arkansas Comprehensive
Assessment Program" - means the testing component of Arkansas Comprehensive,
Testing, Assessment and Accountability Program, which shall consist of
developmentally appropriate assessments for kindergarten, Grades one and two,
national norm-referenced tests in Grades 3 through 9, any other assessments as
required by the State Board of Education, criterion-references tests for Grades
3 through 8, or other assessments which are based on researched best practices
as determined by qualified experts which would be in compliance with federal
and state law, End-of-Course tests for designated grades and content areas, and
the high school literacy test.
3.09
"Arkansas Comprehensive Testing, Assessment and Accountability Program" - means
a comprehensive system that focus on high academic standards, professional
development, student assessments, and accountability for all schools.
3.10 "Arkansas Comprehensive School
Improvement Plan (ACSIP)" - a plan developed by a local school team based on an
analysis of student performance data and other relevant data that provides a
plan of action to address deficiencies in student performance as evidenced in
the Arkansas Comprehensive Assessment Program as defined in Section 3.08. This
plan shall be reviewed annually and monitored at least every two years.
Components of the plan include professional development, technology, and
materials and resources necessary to carry out the activities of the plan.
Additionally, this plan shall become the application for all instructional
federal programs as administered by the Department of Education.
3.11 "Awards" - financial or other
recognition of a public school structured to recognize schools that demonstrate
and maintain high performance over time and to recognize schools that
demonstrate growth on the state-mandated indicators. Awards also can be used to
highlight individual schools so that their practices can be adopted in other
schools and districts across the state.
3.12 "Benchmarks/Grade-Level Benchmarks" -
Academic Content Standards and/or grade-level statements of what a student
should know and be able to do. The Grade-Level Benchmarks provide guidance to
classroom teachers in planning instruction aligned with the Academic Content
Standards.
3.13 "Board" - The
Arkansas State Board of Education.
3.14 "Criterion-Referenced Test (CRT)" - an
assessment required by state statute, rule or regulation which is designed by
the State to measure student performance/achievement on the State's Academic
Content Standards.
3.15
"Department" - The Arkansas Department of Education.
3.16 "District Improvement Plan" - a
compilation of the individual school improvement plans which align the
district's resources to meet the needs of the individual school's plans. The
main focus of the district improvement plan shall be to ensure that all
students have an opportunity to demonstrate proficiency on all portions of
state-mandated criterion-referenced assessments.
3.17 "Early Intervention" - a short-term,
intensive, focused individualized instruction developed from ongoing, daily,
systemic assessment that occurs while a child is in the initial, kindergarten
through grade one (K -1), stages of learning.
3.18 "Elementary School" - public school(s)
having some combination of grades kindergarten through four (K - 4).
3.19 "End-of-Course Test" - an assessment
taken at the completion of a course of study to determine whether a student
demonstrates attainment of the knowledge and skills necessary for proficiency
in that course.
3.20 "Essential
Elements - Early Reading"
Comprehension - Understanding and remembering what is read
Decoding and Word Recognition (Phonics) - Recognizing words accurately, fluently, and independently
Fluency - Ability to read text accurately, quickly and with expression
Phonemic Awareness - Ability to hear and manipulate the sound structure of language
Vocabulary - Words that must be known to communicate effectively
3.21 "Grade
Level" - performance of a student (or group of students) at the proficient
level on benchmark assessments at the specified grade that is age-appropriate
for that student(s).
3.22 "High
School" - public school(s) having some combination of grades 9 -12.
3.23 "Intensive Reading Improvement Plan
(IRI)" - An intervention program for any K-2 student identified with
substantial reading difficulties.
3.24 "Longitudinal Tracking" - means tracking
individual student yearly academic achievement gains based on scheduled and
annual assessments.
3.25 "Middle
School" - public school(s) having some combination of grades five through eight
(5 - 8).
3.26 "Norm-Referenced Test
(NRT)" - an assessment required by state law, rule or regulation to measure the
performance/achievement of Arkansas students relative to the achievement of
students who comprised the norm or standardization group for a particular
commercial instrument.
3.27
"Participation in Remediation" The amount of student involvement required in a
student academic improvement plan that addresses those deficiencies for that
student.
3.28 "Pass Rate" - The
pass rate for the Benchmark Exams and the developmental appropriate assessments
for K - 2 shall be proficiency. However, the pass rate for end-of-course and
high school literacy shall be those scores established and independently
approved by the State Board of Education. (See 6.03 for the proficiency
definition)
3.29 "Public School
District/Public School" - those school districts and schools (including
open-enrollment charter schools) created pursuant to Title 6 of the Arkansas
Code and subject to the Arkansas Comprehensive Testing, Assessment and
Accountability Program except specifically excluding those schools or
educational programs created by or receiving authority to exist pursuant to
§
6-15-501; §
9-28-205,
and §
12-29-301
through §
12-29-310,
or other provisions of Arkansas law.
3.30 "Remediation" - a process of providing
corrective, specialized supplemental instruction to help a student overcome
academic deficiencies pursuant to their student academic improvement
plan.
3.31 "Safe Harbor" - An
alternate method of demonstrating Adequate Yearly Progress under the No Child
Left Behind Act determined by decreasing the percent of students not performing
at the proficient level on the Criterion Referenced Assessments by at least ten
percent. Safe Harbor can only be applied if the school meets the secondary
indicator condition and tests 95% or more of eligible students.
3.32 "Sanction" - intervention by the state
to assist teaching and learning at a public school or a public school district
that fails to meet expected performance goals on the state-mandated
criterion-referenced assessments and/or other indicators.
3.33 "School Improvement" - the initial
classification applied to a school that fails to meet adequate yearly progress
for two successive years.
3.34
"Starting Point" - a specific figure for grade-level clusters K- 5, 6-8, and
9-12 in the content areas of literacy and mathematics which was derived by
determining the school at the 20th percentile in the state based on total
enrollment, among all schools ranked by the percentage of students at the
proficient level, using data for the 2001-2002 school year.
3.35 "Secure Examination or Assessment" - an
assessment instrument, materials or other student achievement evaluation method
required by State statute, rule or regulation that is administered to assess
student performance or achievement and takes place on the dates specified on
the testing/assessment calendar developed by the Commissioner of the
Department.
3.36 "Substantial
Reading Deficiency" - a determination for first and second grade students who
score in the Below Basic Category on the State Reading Assessment in the
previous school year and for kindergarten students who are rated as Delayed in
both oral communication and written language on the Uniform Reading Scale
(URS).
3.37 "Uniform Readiness
Screening" - uniform, objective evaluation procedures specifically formulated
for children entering public school for the first time that are intended for
either kindergarten or first grade, as appropriate, and developed or adopted by
the Board.
3.38 "Value-Added
Computations of Student Gains" - statistical analyses of the educational impact
of the school's instructional delivery system on individual student learning
using a comparison of previous and post student achievement gains.
4.0 Academic Content Standards
4.01 The Board shall establish clear,
specific, challenging academic content standards, which define what students
shall know and be able to do in each content area.
4.02 The Board shall establish a schedule for
periodic review and revision of academic content standards to ensure Arkansas
academic content standards are rigorous and equip students to compete in the
global workforce. For each review, the Department will provide the following:
4.02.1 Study and consideration of academic
content standards from across the nation and international levels as
appropriate;
4.02.2 Study and
consideration of evaluations from national groups or organizations as
appropriate;
4.02.3 Committees
composed of Arkansas teachers and instructional supervisory personnel from
public schools, assisted by teachers from institutions of higher
education;
4.02.4 Review and input
by the Departments of Higher Education and Workforce Education as well as
community members; and
4.02.5
Public dissemination of revised academic content standards on the Department
Website.
4.03 The Board
shall provide for external review of revised standards by nationally recognized
content experts in the discipline/area under consideration.
4.04 The Board shall establish a clear,
concise system of reporting the academic performance of each school on the
state's mandated criterion-referenced assessments and the norm-referenced
assessments, which conform to current state and federal law.
4.05 Each local school/school district shall
engage in a procedure that will assure that the academic standards for every
level - grades kindergarten through twelve (K-12) are aligned and education and
financial resources are aligned with student performance expectations at each
level.
5.0 Arkansas Comprehensive Assessment Program
The Board shall establish a statewide assessment system for Grades K through 12 to be implemented in each public school in the State by the Department. All districts shall comply with the requirements of the assessment system. Failure to do so shall result in a recommendation to the Board for Probationary status or loss of accreditation as set out in the Standards for Accreditation, or for other intervention or sanction as allowed or required by these rules, state or federal law.
Local district school boards shall not establish school calendars that jeopardize or limit the valid testing and comparison of student learning gains.
5.01 Kindergarten,
Grade one and Grade two
5.01.1 The Board shall
adopt and the Department shall implement a developmental^ appropriate, uniform
school readiness screening to validate a child's school readiness as part of a
comprehensive evaluation decision. Beginning with the 2004-2005 school year and
thereafter, the Department shall require that all school districts administer
the uniform school readiness-screening instrument to each kindergarten student
in the district prior to or upon the entry into kindergarten. Children who
enter public school for the first time in first grade must be administered the
uniform school readiness screening instrument as modified for use in first
grade to determine placement.
5.01.2 Kindergarten, Grades 1 and 2: The
Department shall select a developmental^ appropriate assessment to be
administered to all students in kindergarten, Grades one (1) and two (2) in
reading and mathematics.
5.02 Criterion-Referenced tests - Grades
three through eight and high school
5.02.1
The Department shall develop and implement criterion-referenced assessments as
follows:
(1) Grades three (3) through eight
(8) which measure application of knowledge and skills in reading and writing
literacy and mathematics and science in Grades 5 and 7;
(2) End-of-Course testing in Algebra I,
geometry and Biology I (Biology begins in 2007-2008);
(3) High school literacy that measures
application of knowledge and skills in reading and writing literacy;
and
(4) studies as funds are
available and approved by the State Board of Education.
5.02.2 All criterion-referenced assessments
shall be based on the Arkansas Curriculum Frameworks and Academic Content
Standards.
5.02.3 All students in
Grades 3 - 8 as well as all students enrolled in courses for which
End-of-Course assessments are administered, shall take the criterion-referenced
assessments on the testing dates established by the Department. This authority
shall include field testing and any other requirements needed to establish
fully-developed assessment instruments and methodologies.
5.02.4 Each school district shall administer
criterion-referenced assessments to its students according to procedures
established by the Commissioner of Education and specified in the applicable
assessment administration materials.
5.02.5 Accounting for Students with
Disabilities and Limited English Proficient Students
5.02.5.1 Each student in the specified grades
shall participate as outlined in the test coordinator's handbook. A student
shall participate in the Arkansas Alternate Assessment Program only upon the
formal determination of:
5.02.5.1.1 The
student's individual education program (IEP) committee, as documented in the
student's individual educational program; or
5.02.5.1.2 The student's language proficiency
assessment committee, as documented in the student's permanent record file
based on multiple assessment measures.
5.02.5.2 The Individual Education Program
(IEP) committee shall determine whether or not participation in the standard
state assessment program is appropriate for students with lEPs. Students with
disabilities for whom it is deemed inappropriate to take the standard state
assessments (Benchmarks and End-of-Course) with the established accommodations
shall participate in the Arkansas Alternate Assessment Program following the
guidelines established by the Board.
5.02.5.3 A Language Proficiency Assessment
committee shall recommend the Arkansas Limited English Proficiency (LEP)
Alternate Assessment Program based on limited English proficiency only,
following the guidelines established by the Board. The committee shall assess
English proficiency growth annually to determine appropriate participation in
the standard state assessment program or the Arkansas Alternate Assessment
Program. The intent of this section is to ensure that students participate in
all of the standard state assessment programs as soon as appropriately
possible. LEP students may participate in the alternate assessment program for
a period, which shall not exceed three (3) years before entering the standard
state assessment unless on an individual case-by-case basis the school
determines from multiple assessment measures that the student continues to lack
English proficiency. In that case the student may continue to participate in
the alternate portfolio assessment for at most two additional years.
5.02.5.4 Scores for students with
disabilities or English language learners participating in the Alternate
Assessment Program shall be reported with other assessment results from the
school.
5.02.5.5 LEP students with
less than one year in a U.S. school will not be required to take the State
required literacy benchmark test or the High school literacy test. Districts
may exercise this option. LEP students must take the appropriate mathematics
test.
5.03
Norm-Referenced Assessments
5.03.1 The Board
shall adopt a norm-referenced test to be administered in Grade 3 through Grade
9 in mathematics and reading, which shall be administered by the Department
annually.
5.03.2 Each school
district shall administer the norm-referenced assessments to its students
according to procedures established by the Department and specified in the
applicable test administration materials.
5.03.3 The Department shall establish
mandatory training sessions for local district testing coordinators and other
appropriate school personnel to ensure understanding of the norm-referenced
assessments, proper administration of assessments, security, and effective use
of the assessment reporting data to improve classroom instruction and
learning.
5.04 National
Assessment of Educational Progress
5.04.1
Selected schools shall participate in any or all components of the National
Assessment of Educational Progress (NAEP).
5.04.2 Any school that fails to participate
in the administration of any NAEP assessment shall be reported to the Board and
may be subject to probationary status as set out in the Standards for
Accreditation
5.05 Test
Administration
5.05.1 The Department shall
establish mandatory training sessions for local district testing coordinators
and other appropriate school personnel to ensure understanding of the
administration of assessments and effective use of assessment reporting data to
improve classroom instruction and learning to provide program
evaluation;
5.05.2 The
superintendent or his/her designee in each school district shall be responsible
for coordinating all local assessment activities including:
5.05.3 Scheduling testing times of all
affected campuses according to the testing calendar developed by the
Department;
5.05.4 Ensuring that
security is maintained as specified in the appropriate testing administration
materials;
5.05.5 Ensuring that all
district personnel involved in the testing have been properly trained as
specified by the Department;
5.05.6
Ensuring that all testing instruments are administered to all students
according to the procedures established by the Commissioner of
Education;
5.05.7 Ensuring that all
assessment documents and student identification information are properly and
accurately coded; and
5.05.8
Attesting whether ALL students have participated in the appropriate grade-level
assessment(s).
5.05.9 Recommending
for adoption by local school boards a school calendar that in no way
jeopardizes or limits the valid testing and comparison of students' learning
gains.
5.05.10 The appropriate test
administration materials shall specify any allowable accommodations available
to students participating in the administration of standard state
assessments.
5.05.11 All students
enrolled in a State-tested grade shall be accounted for in the State Assessment
System.
5.06 A Technical
Advisory Committee composed of nationally-recognized testing experts and
psychometricians shall be selected by the Commissioner of Education and shall
advise the Department in all technical aspects of the assessment
system.
5.07 Security and
Confidentiality
5.07.1 Violation of the
security or confidential integrity of any assessment is prohibited.
5.07.2 The Board shall sanction a person who
engages in conduct prohibited by this section, as provided under Arkansas Code
§
6-17-405 and following
the Process for Certificate Invalidation as approved by the Board.
Additionally, the Board may sanction a school district and/or school in which
conduct prohibited in this section occurs.
5.07.3 Procedures for maintaining the
security and confidential integrity of all assessment instruments and
procedures shall be specified in the appropriate test administration
instructions. Conduct that violates the security or confidential integrity of
an assessment is defined as any departure from either the requirements
established by the Commissioner of the Department for the administration of the
assessment or from the procedures specified in the applicable test
administration materials. Conduct of this nature may include, but is not
limited to the following acts and omissions:
5.07.3.1 Viewing secure assessment
materials;
5.07.3.2 Duplicating
secure assessment materials;
5.07.3.3 Disclosing the contents of any
portion of secure assessment materials;
5.07.3.4 Providing, suggesting, or indicating
to an examinee a response or answer to any secure assessment items;
5.07.3.5 Aiding or assisting an examinee with
a response or answer to any secure assessment item;
5.07.3.6 Changing or altering any response or
answer of an examinee to a secure assessment item;
5.07.3.7 Failing to follow the specified
testing procedures or to proctor students;
5.07.3.8 Failing to administer the assessment
on the designated testing dates;
5.07.3.9 Encouraging or assisting an
individual to engage in the conduct described in this subsection;
5.07.3.10 Failing to report to appropriate
authority that an individual has engaged in conduct set forth is this
section;
5.07.3.11 Failing to
follow the specified procedures and required criteria for alternate
assessments; or,
5.07.3.12 Failing
to return the secured test booklets back to the testing company in a timely
manner.
5.07.4 The
superintendent of each school district shall develop procedures to ensure the
security and confidential integrity of all assessment instruments and test
items. The superintendent shall be responsible for immediately notifying the
Department in writing of conduct that violates the security or confidential
integrity of an examination or assessment.
6.0 Student Performance Levels
6.01 The Board shall establish four (4)
performance levels for each criterion-referenced assessment administered as
part of ACTAAP. The Board shall establish four (4) performance levels for the
Alternate Assessment for Limited English Proficiency administered as part of
ACTAAP. Those performance levels shall be advanced, proficient, basic and below
basic. The Board shall establish five (5) performance levels for the Alternate
Assessment for Students with Disabilities as part of ACTAAP. Those performance
levels shall be not evident, emergent, supported independence, functional
independence, and independent. Performance levels shall be established for
mathematics, reading/language arts and science independently. Additionally, the
Board shall establish a pass rate for each end-of-course and high school
literacy assessment.
6.02 The Board
shall establish four (4) performance levels for Grades K-2 (3} for the
norm-referenced assessment administered as part of the Arkansas Comprehensive
Assessment Program for reading and mathematics. The following numerical scores
define those performance levels.
|
Mathematics Norm Referenced Assessment standard score cut scores* |
||||
|
Grade |
Below Basic |
Basic |
Proficient |
Advanced |
|
K |
0-120 |
121-128 |
129-136 |
137-400 |
|
1 |
0-134 |
135-146 |
147-159 |
160-400 |
|
2 |
0-148 |
149-164 |
165-181 |
182-400 |
"Lowest possible standard score value is 80
|
Reading Norm-Referenced Assessment standard score cut scores* |
||||
|
Grade |
Below Basic |
Basic |
Proficient |
Advanced |
|
K |
0-119 |
120-127 |
128-137 |
138-400 |
|
1 |
0-136 |
137-145 |
146-158 |
159-400 |
|
2 |
0-153 |
154-165 |
166-182 |
183-400 |
"Lowest possible standard score value is 80
6.03 The following numerical scores define
the performance levels on the criterion-referenced assessments and on the
Limited English Proficiency Alternate Assessment for advanced, proficient,
basic and below-basic and on the Students with Disabilities Alternate
Assessment for not evident, emergent, supported independence, functional
independence and independent.
|
Mathematics Criterion Referenced Assessments (Benchmarks) raw score points |
||||
|
Grade |
Below Basic |
Basic |
Proficient |
Advanced |
|
3 |
0-22 |
23-39 |
40-56 |
57-80 |
|
4 |
0-31 |
32-44 |
45-60 |
61-80 |
|
5 |
0-30 |
31 -42 |
43-60 |
61-80 |
|
6 |
0-29 |
30-45 |
46-60 |
61-80 |
|
7 |
0-27 |
28-37 |
38-56 |
57-80 |
|
8 |
0-29 |
30-38 |
39-59 |
60-80 |
|
Literacy Criterion Referenced Assessments (Benchmarks) raw score points |
||||
|
Grade |
Below Basic |
Basic |
Proficient |
Advanced |
|
3 |
0-47 |
48-64 |
65-79 |
80-96 |
|
4 |
0-41 |
42-63 |
64-79 |
80-96 |
|
5 |
0-38 |
39-61 |
62-80 |
81 -96 |
|
6 |
0-43 |
44-68 |
69-82 |
83-96 |
|
7 |
0-42 |
43-64 |
65-79 |
80-96 |
|
8 |
0-46 |
47-63 |
64-80 |
81 -96 |
|
Mathematics Alternate Assessment - Limited English Proficiency raw score points |
||||
|
Grade |
Below Basic |
Basic |
Proficient |
Advanced |
|
3 |
0-41 |
42-69 |
70-76 |
77-80 |
|
4 |
0-47 |
48-60 |
61 -69 |
70-80 |
|
5 |
0-54 |
55-69 |
70-75 |
76-80 |
|
6 |
0-47 |
48-59 |
60-66 |
67-80 |
|
7 |
0-49 |
50-67 |
68-76 |
77-80 |
|
8 |
0-47 |
48-65 |
66-73 |
74-80 |
|
Literacy Alternate Assessment-Limited English Proficiency raw score points |
||||
|
Grade |
Below Basic |
Basic |
Proficient |
Advanced |
|
3 |
0-249 |
250-319 |
320 - 351 |
352 - 384 |
|
4 |
0-199 |
200 - 257 |
258-318 |
319-384 |
|
5 |
0-199 |
200 - 225 |
226 - 269 |
270 - 384 |
|
6 |
0-253 |
254 - 297 |
298 - 345 |
346 - 384 |
|
7 |
0-209 |
210-268 |
269 - 307 |
308 - 384 |
|
8 |
0-210 |
211 -250 |
251 -299 |
300 - 384 |
|
Mathematics Alternate Assessment Students with Disabilities raw score points |
|
Grade |
Not Evident |
Emergent |
Supported Independence |
Functional Independence |
Independent |
|
3 |
0-431 |
432-517 |
518-530 |
531-573 |
574-600 |
|
4 |
0-426 |
427-522 |
523-535 |
536-563 |
564-600 |
|
5 |
0-413 |
414-523 |
524-539 |
540-575 |
576-600 |
|
6 |
0-437 |
438-533 |
534-551 |
552-573 |
574-600 |
|
7 |
0-469 |
470-539 |
540-559 |
560-574 |
575-600 |
|
8 |
0-505 |
506-552 |
553-569 |
570-577 |
578-600 |
|
Literacy Alternate Assessment Students with Disabilities raw score points |
|||||
|
Grade |
Not Evident |
Emergent |
Supported Independence |
Functional Independence |
Independent |
|
3 |
0-387 |
388-436 |
437-490 |
491-533 |
534-540 |
|
4 |
0-399 |
400-447 |
448-493 |
494-527 |
528-540 |
|
5 |
0-340 |
341-420 |
421-491 |
492-527 |
528-540 |
|
6 |
0-302 |
303-420 |
421-485 |
486-515 |
516-540 |
|
7 |
0-311 |
312-420 |
421-487 |
488-513 |
514-540 |
|
8 |
0-327 |
328-448 |
449-501 |
502-514 |
515-540 |
|
End of Course Geometry |
End of Course Algebra I |
||
|
Performance Standards |
Performance Standards |
||
|
Advanced |
250 & above |
Advanced |
250 & above |
|
Proficient |
200 - 249 |
Proficient |
200-249 |
|
Basic |
154-199 |
Basic |
151-199 |
|
Below Basic |
153 & below |
Below Basic |
150 & below |
|
Literacy (High school) |
|||
|
Performance Standards |
|||
|
Advanced |
250 & above |
||
|
Proficient |
200 - 249 |
||
|
Basic |
169-199 |
||
|
Below Basic |
168 & below |
||
7.0 Student Accountability
7.01 By the year 2013-2014 all students are
expected to perform at the proficient level or above.
7.02 Beginning with the 2005-2006 school
year, a) students identified as failing to achieve at the proficient level on
the State 2004-2005 or any subsequent mandated CRT (as referenced in Section
6.03 tables: Mathematics Criterion Referenced Assessments, Benchmarks, raw
score points and Literacy Criterion Referenced Assessments, Benchmarks, raw
score points, etc.); b) students in Grade K scoring delayed on either written
language or oral communications and scoring delayed in mathematics on the state
mandated uniform readiness screening (as referenced in Sections 3.36 and 3.37
Uniform Readiness Screening); and c) students in Grades 1, 2 and 3 not scoring
proficient on the state mandated NRT(as referenced in Section 6.02 tables,
Mathematics Norm Referenced Assessment standard score cut scores and Reading
Norm-Referenced Assessment standard score cut scores), shall be evaluated by
school personnel, who shall jointly develop, a remediation plan with the
student's parents. The remediation plan (AIP or if appropriate IRI) will assist
the student in achieving the expected standard and will describe the parent's
role and responsibilities as well as the consequences for the student's failure
to participate in the plan.
7.02.1 The AIP
shall be prepared using the format designed by the Department of Education.
However, the local school may adjust the format as deemed necessary.
7.02.2 The AIP shall be developed
cooperatively by appropriate teachers and/or other school personnel
knowledgeable about the student's performance or responsible for the
remediation in consultation with the student's parents. An analysis of student
strengths and deficiencies based on test data and previous student records
shall be available for use in developing the Plan. The plan shall be signed by
the appropriate school administrator and the parent/guardian.
7.02.3 The AIP should be flexible, should
contain multiple remediation methods and strategies, and should include an
intensive instructional program different from the previous year's regular
classroom instructional program. Examples of strategies and methods include,
but are not limited to, computer assisted instruction, tutorial, extended year,
learning labs within the school day, Saturday school, double blocking
instruction in deficient areas during the school day, extended day
etc.
7.02.4 The AIP shall include
formative assessment strategies and shall be revised periodically based on
results from the formative assessments.
7.02.5 The AIP shall include standards-based
supplemental/remedial strategies aligned with the child's
deficiencies.
7.02.6 A highly
qualified teacher and/or a highly qualified paraprofessional under the guidance
of a highly qualified teacher shall provide instructional delivery under the
AIP.
7.02.7 The AIP should contain
an implementation timeline that assures the maximum time for remedial
instruction.
7.02.8 AlPs should be
individualized; however, similar deficiencies based on test data, may be
remediated through group instruction.
7.02.9 In any instance where a student with
disabilities identified under the Individuals with Disabilities Education Act
has an Individualized Education Program (IEP) that already addresses any
academic area or areas in which the student is not proficient on state-mandated
criterion-referenced assessments, the individualized education program shall
serve to meet the requirement of an AIP.
7.03 Retention for failure to participate in
the Academic Improvement Plan
7.03.1 School
districts shall notify parents, guardians or caregivers of remediation
requirements and retention consequences for failure to participate in the
required remediation at the beginning of the 2004-2005 school year. Beginning
with the 2005-2006 school year, this information shall be included in the
student handbook.
7.03.2 Beginning
with the 2005-2006 school year, students in Grades three through eight,
identified for an AIP who do not participate in the remediation program shall
be retained. The local district shall determine the extent of the required
participation in remediation as set forth in the student academic improvement
plan.
7.03.3 Remedial instruction
provided during high school years (Grades 7-12) may not be in lieu of English,
mathematics, science or social studies, or other core subjects required for
graduation.
7.03.4 Any student who
does not score at the Proficient level on the criterion-referenced assessments
in reading, writing and mathematics shall continue to be provided with remedial
or supplemental instruction until the expectations are met or the student is
not subject to compulsory school attendance.
7.03.5 Any student that has an AIP and fails
to remediate, but scores at the Proficient level on the criterion-referenced
assessments, shall not be retained.
7.03.6 Beginning in the 2005-2006 school
year, students not proficient on the End-of-Course tests or on the high school
Literacy test, shall participate in a remediation program to receive credit for
the corresponding course.
7.03.7
Beginning with the 2009-2010 school year, students who fail to meet the pass
rate on the end-of-course assessments shall not receive credit for the course
until at least one of the following conditions are met. Any student failing to
meet one of these conditions shall not be entitled to graduate with a high
school diploma from an Arkansas high school or charter school.
7.03.7.1 The student is identified as meeting
a satisfactory pass level on a subsequent end-of-course assessment.
7.03.7.1.1 No student that is identified as
having failed to meet the satisfactory pass levels on an initial end-of-course
assessment shall be entitled to take more than three (3) additional subsequent
end-of-course assessments. ADE will determine annually the schedule for
administration of additional assessments.
7.03.7.1.2 Prior to a student taking
additional end-of-course assessments, the student shall be given a sufficient
opportunity and time for remediation.
7.03.7.2 The student is identified as having,
by the end of grade twelve (12), finished an appropriate Alternate exit course
and is identified as having met a satisfactory pass level on an Alternate
assessment directly related to the Alternate exit course.
7.03.7.2.1 Any student that fails to pass the
end-of-course assessment after three additional attempts shall be required to
take and pass an Alternate exit course and meet a satisfactory Alternate level
score on a subsequent Alternate assessment.
7.03.7.2.2 Alternate exit courses may be
offered through a distance learning class and may be offered outside the normal
school day.
7.03.7.3 The
student is identified as a student with disabilities who, because of the nature
of the disabilities, cannot meet the requirements. In such case that student
may graduate from high school by demonstrating alternate competencies or
Alternate levels of competency as contained in the student's individualized
education program.
7.04 The results of End-of-Course assessments
shall become a part of each student's transcript or permanent record. Each
course for which a student completes the assessment shall be recorded with the
performance level (advanced, proficient, basic or below-basic).
7.05 The Department shall implement a
statistical system that shall provide the best analysis of classroom, school,
and school district effects on student progress based on established,
value-added longitudinal calculations, which shall measure the difference in a
student's previous year's achievement compared to the current year achievement
for the purposes of improving student achievement, accountability, and
recognition.
7.06 The approach used
by the Department shall be in alignment with federal statutes and developed in
2004-2005 to collect data to allow research and evaluation of student
achievement growth models.
7.07 The
approach shall include value-added longitudinal calculations with sufficient
transparency in the model's conception and operation to allow others in the
field to replicate the results.
7.08 Reading Deficiency for Students in
Kindergarten through Grade Two
7.08.1
Beginning with the 2005-2006 school year, any student who exhibits a
substantial reading deficiency shall be provided intensive reading instruction
utilizing a scientifically-based reading program. The intensive instruction
shall systematically, explicitly, and coherently provide instruction in the
five essential elements of reading as defined in Section 3.20.
7.08.2 During the 2005-2006 school year, the
State Board of Education shall establish performance levels for kindergarten,
Grade 1 and Grade 2 that define substantial difficulties in reading based on
the State mandated, developmental^ appropriate assessment. The State mandated
Uniform Screening Readiness (USR) instrument shall be used to determine
substantial reading difficulty for kindergarten students.
7.08.3 Beginning with the 2005-2006 school
year, all kindergarten students exhibiting substantial difficulties in reading
will be evaluated by school personnel for the purpose of diagnosing specific
reading difficulties. This evaluation will occur within 30 days of receiving
the USR results.
7.08.4 Beginning
with the 2005-2006 school year, within 30 days of the beginning of school,
Grade 1 and Grade 2 students exhibiting substantial difficulties in reading
will be evaluated by school personnel for the purpose of diagnosing specific
reading difficulties. However, in those school years in which the State Board
of Education shall revise the performance levels schools shall be allowed 30
days from the date of the final approval to conduct the evaluation.
7.08.5 The evaluation shall include the
Dynamic Indicators of Basic Early Literacy Skills (DIBELS).
7.08.6 Beginning with the 2005-2006 school
year, school personnel shall develop an intensive reading Improvement plan
(IRI) that describes the intervention program for any student identified with
substantial reading difficulty. The IRI shall be developed cooperatively by
appropriate teachers and/or other school personnel knowledgeable about the
student's performance or responsible for remediation.
7.08.7 The IRI shall contain an
implementation timeline that assures the maximum time for remedial instruction.
The intervention shall occur during the regular school day whenever possible,
but may include extended day when appropriate. The intervention shall
supplement, and not supplant, core classroom instruction.
7.08.8 The IRI shall include valid and
reliable progress monitoring assessments to measure student growth toward the
grade level benchmarks in each essential element of reading.
7.08.9 The intensive reading instruction
provided under the IRI shall utilize strategies that are aligned with
scientifically-based reading research.
7.08.9.1 The intensive instruction shall
systematically, explicitly and coherently provide instruction in the five
essential areas of reading. The intensity and focus of the instruction shall be
based on the evaluation results, teacher observation, and data from progress
monitoring assessments. The intervention plan shall be revised periodically to
reflect student needs as indicated on progress monitoring
assessments.
7.08.9.2 The IRI
should be individualized; however, similar deficiencies may be remediated
through group instruction.
7.08.9.3
A highly qualified teacher and/or a highly qualified paraprofessional under the
guidance of a highly qualified teacher shall provide instruction under the
IRI.
7.08.9.4 The intervention
shall continue until the child has reached grade level benchmarks in all
essential areas of reading.
7.08.10 Student achievement in each of the
essential elements shall be monitored monthly after students complete the
intervention. Students who are not meeting current expectations shall be
provided additional interventions.
7.08.11 In any instance where a student with
disabilities identified under the Individuals with Disabilities Act has an IEP
that already addresses reading deficiencies, the individual education program
shall serve to meet the requirements of the IRI.
7.09 The parent or guardian of any student
identified with a substantial reading deficiency shall be notified in writing
to include the following:
7.09.1 That the
child has been identified as having a substantial deficiency in
reading;
7.09.2 A description of
the current services that are provided to the child; and,
7.09.3 A description of the proposed
supplemental instructional services and supports that will be provided to the
child that are designed to remediate the identified area of reading
deficiency.
8.0 School Accountability
8.01 The Department of Education shall
provide analyses of data produced by the Arkansas Comprehensive Assessment
Program and other reliable measures of student learning to determine classroom,
school, and school district academic performance.
8.02 Student performance trend data shall be
one of the components used in developing objectives of the school improvement
plan, internal evaluations of instructional and administrative personnel,
assignment of staff, allocation of resources, acquisition of instructional
materials and technology, performance-based budgeting, and assignment of
students into educational programs of the local school program.
8.03 Each school shall develop one (1)
Arkansas Comprehensive, School Improvement Plan (ACSIP) focused on student
achievement. This requirement is intended to focus the school/school district
annually on the school's performance data for the purposes of improved student
performance, based on data and the performance of students on the state
assessment system.
8.04 The purpose
of ACSIP is to provide equal opportunity for all students, including
identifiable subgroups, to meet the expected performance levels established by
the Board on all State assessments.
8.05 Consistent with the No Child Left Behind
Act, each school must make adequate yearly progress (AYP), based primarily on
the administration of the criterion-referenced assessments described in Section
5.02. In order to make AYP, a school or school district must-
* Demonstrate that at least 95 percent of all students and of students in each applicable subgroup, as provided in section 903.1, at the tested grade levels, participated in the assessments;
* Meet or exceed the annual measurable performance levels described in section 904.5, based on the percentages of students scoring proficient or above on the assessments, overall and for each applicable subgroup; or alternatively, if the total group or any subgroup does not meet the annual measurable performance levels, demonstrate that the percentage of students in that subgroup who did not meet the proficient level for that year decreased by 10 percent of that percentage from the preceding school year and that the subgroup made progress on one additional academic indicator; and
* Show progress for all students on an additional academic indicator, which shall be graduation rate for high schools and percent attendance for elementary and middle schools.
8.06 The following subgroups must be included
in the school/school district data disaggregation:
8.06.1 Students with Disabilities
8.06.2 Students who are English Language
Learners
8.06.3 Economically
Disadvantaged Students
8.06.4
Ethnic Subgroups
8.06.4.1 Caucasian
8.06.4.2 African American
8.04.4.3 Hispanic
8.07 A school must meet AYP
criteria overall and for each of these subgroups that meets the minimum group
size as determined by the Department of Education and approved by the U.S.
Department of Education.
8.08 The
Department will determine AYP separately for mathematics and literacy, using
appropriate statistical treatments. Based on the single statewide starting
point described in this section, annual performance levels assure that ALL
students will reach proficient by school year 2013-2014.
8.09 The Department will determine for each
school in the state the percent of students performing at the proficient or
advanced levels. This percentage will be determined by computing the sum of
students proficient or advanced for the current year or the most recent three
years across each grade for which there is a criterion-referenced assessment.
That sum is divided by the total number of students assessed for that year or
across those three years and grades. This number shall include students taking
alternate assessments. The percentage shall be determined separately for
mathematics and reading/literacy.
8.10 The AYP starting point regarding percent
proficient on state assessments will be determined for grade-level clusters K-
5; 6 - 8; and 9-12 and separately for mathematics and
reading/literacy.
8.11 The AYP
starting point will be determined by ranking each school within the grade-level
by the percent proficient. Additionally, the ranking will include the total
student enrollment for those grades using October 1, 2002, data.
8.12 The Department will determine the school
that contains the 20th percent student of total
enrollment - starting from the school with the lowest percent proficient and
counting upward. The percent proficient of that school becomes the "starting
point" for determining AYP for that grade-level cluster and content
area.
8.13 The following table
establishes the starting point and projected performance level for each year of
the twelve years addressed by the No Child Left Behind Act.
|
Calculating AYP Starting Points and Performance Levels |
||||||
|
K-5 Literacy |
K - 5 Math |
6-8 Literacy |
6 - 8 Math |
9-12 Literacy |
9 -12 Math |
|
|
Starting Point 01-02 |
31.8 |
28.2 |
18.1 |
15.3 |
19.5 |
10.4 |
|
Year 1:02-03 |
37.48 |
34.18 |
24.93 |
22.36 |
26.21 |
17.87 |
|
Year 2:03-04 |
43.16 |
40.16 |
31.76 |
29.42 |
32.92 |
25.34 |
|
Year 3: 04:05 |
48.84 |
46.14 |
38.59 |
36.48 |
39.63 |
32.81 |
|
Year 4: 05-06 |
54.52 |
52.12 |
45.42 |
43.54 |
46.34 |
40.28 |
|
Year 5: 06-07 |
60.2 |
58.1 |
52.25 |
50.6 |
53.05 |
47.75 |
|
Year 6: 07-08 |
65.88 |
64.08 |
59.08 |
57.66 |
59.76 |
55.22 |
|
Year 7: 08-09 |
71.56 |
70.06 |
65.91 |
64.72 |
66.47 |
62.69 |
|
Year 8: 09-10 |
77.24 |
76.04 |
72.74 |
71.78 |
73.18 |
70.16 |
|
Year 9: 10-11 |
82.92 |
82.02 |
79.57 |
78.84 |
79.89 |
77.63 |
|
Year 10:11-12 |
88.6 |
88 |
86.4 |
85.9 |
86.6 |
85.1 |
|
Year 11:12-13 |
94.28 |
93.98 |
93.23 |
92.96 |
93.31 |
92.57 |
|
Year 12:13-14 |
99.96 |
99.96 |
100.06 |
100.02 |
100.02 |
100.04 |
8.14
Each year, in determining whether a school has met the target of percent
proficient for that school year as listed on the chart, the Department shall
compare the school's percent proficient in the appropriate grade-level cluster
and content area with the statewide projected goal for that year. A school
shall be deemed to have met AYP for a particular year for a particular
grade-level cluster and content area as long as the school attains at least the
statewide projected goal.
8.15
Schools/School Districts failing to meet expected performance standards as
established by the Board shall be subject to sanctions as specified in school
improvement or academic distress.
8.16 Schools/School Districts exemplifying
exceptional performance levels and/or growth patterns shall be recognized for
exemplary performance and will be eligible to participate in the rewards
program.
9.0 Accountability
Schools failing to meet Adequate Yearly Progress as determined under these Rules shall be classified subject to the following consequences.
9.01 A school will be
identified in alert status if it has not made AYP in the same subject
(Mathematics or Literacy) for one year.
9.02 A school will be identified as in
Improvement Status if it has not made AYP in the same subject (Mathematics or
Literacy) for two consecutive years.
9.03 A school in Alert Status or Improvement
Status that fails to make AYP, but does not fail to make AYP in the same
subject for two consecutive years, will remain in its existing status for the
following school year.
9.04 The
first year a school fails to meet expected performance levels, that school
shall be classified as on Alert Status. Any school classified on Alert Status
shall be required to review and/or revise the school's ACSIP Plan with special
attention given to State designated subgroup(s) which failed to meet expected
performance levels.
9.05 The local
school board president and the superintendent of a public school or school
district identified by the Department in school improvement shall be notified
in writing by the Department, via certified mail, return receipt requested, and
the school district shall have a right to appeal to the Commissioner of the
Department. The written appeal must be received in the Office of the
Commissioner of Education within thirty (30) calendar days of the receipt of
notice.
9.06 The second year a
school fails to make Adequate Yearly Progress, that school shall be classified
as Year 1 of School Improvement. Any school classified in Year 1 of School
Improvement shall offer eligible students choice options to another school in
the district not in school improvement.
9.07 The third year a school fails to make
Adequate Yearly Progress, that school shall be classified as Year 2 of School
Improvement. Any school classified in Year 2 of School Improvement shall offer
eligible students supplementary educational services in keeping with federal
guidelines in addition to continued consequences from Year 1 of School
Improvement.
9.08 Should a school
fail to make Adequate Yearly Progress in the fourth year, the Board shall
advance that school into corrective action. Schools in corrective action must
continue to offer consequences from School Improvement Year 2 and the school
must implement a plan, with the approval of the Department, having specified
corrective actions.
9.10 Should a
school fail to make Adequate Yearly Progress in the fifth year, the Board shall
advance that school into restructuring. In restructuring the Department may
require the school to dismiss staff and administrators, annex the school to
another school that is not in school improvement, and/or take other such action
as deemed necessary by the Department and the Board.
9.11 Once a school has been identified in
school improvement, that school must make adequate yearly progress for two
consecutive years in both mathematics and literacy to be considered for
removal.
9.12 Schools that receive
Title I funds must meet all funding requirements as specified by federal
guidelines. Schools that do not receive Title I funds must implement
programming in keeping with the school's ACSIP Plan as revised.
9.13 Beginning with the 2006-2007 school
year, schools designated in year three, four or five school improvement shall
participate in a scholastic audit conducted by the Department of Education (or
its designees).
9.13.1 Results of the
scholastic audit shall be presented to the superintendent within four (4) weeks
of completing the scholastic audit. The audit shall make recommendations to
improve teaching and learning for inclusion in the comprehensive school
improvement plan.
9.14
School Rating System
The Department of Education will establish a working task force during the 2004-2005 school year to assist in the development of the rating system. The task force shall include educators, parents, and business/community stakeholders. The rating system shall include the establishment of a performance level and an improvement level. The improvement level shall be assigned in the 2007-2008 school year and the performance level shall be assigned no later than the 2009-2010 school year. The ADE will implement a pilot system of performance levels required by A.C.A. § 6-15-1903, at least one (1) year prior to the year of implementation required by law. The performance level designations may be applied to any school district requesting to be classified by such performance designations as allowed by A.C.A. § 6-15-1903(b) (1).
10.0 School District Accountability
10.01 The Department annually reviews each
district to determine whether it is making AYP in the following way.
10.01.1 Determine the collective status for
all the schools within a district within each grade-level grouping (k-5; 6-8
and 9-12)
10.01.2 Determine the
district percent of participation across each grade level group
10.01.3 Determine the district status on
secondary indicator across each grade-level group.
10.01.4 A district shall be in school
improvement when all levels within a district fail to meet performance
standards for two consecutive years in the same subject. A district having
status of School Improvement shall be removed from that status when any one
level meets the performance standard for two consecutive years in that
subject.
10.02 Before
identifying a district for district improvement, the Department will provide
the district with an opportunity to review the data on which the identification
is based. The district may appeal the identification, and the Department will
decide the appeal within 30 days.
10.03 Each district identified for school
improvement shall within three months of identification develop or revise a
district improvement plan that complies with the requirements of the No Child
Left Behind Act, including the requirement that it spend not less than 10% of
its Part A, Title I funds on professional development for each fiscal year in
which the district is identified for improvement. The district shall initiate
implementation of the plan expeditiously, but not later than the beginning of
the next school year after the school year in which the district was identified
for improvement. The Department will provide technical assistance to districts
in developing and implementing improvement plans under this section.
10.04 Academic Distress - Procedures for
Identification, Classification and Appeal of School Districts in Academic
Distress
10.04.1 A school district for which
75% or more of the students completing the state's assessments perform at the
below basic level shall be designated in Academic Distress. This computation
shall collectively include students from each school in the district and from
each grade for which a criterion-referenced assessment is given.
10.04.2 Within thirty calendar days (30)
after the release of the state assessment results by the Department, the
Department shall identify all school districts in Academic Distress and shall
notify in writing each school district superintendent and board president via
certified mail, return receipt requested.
10.04.3 A school district may appeal a
determination of the Department identifying the district as an Academic
Distress school district by filing an appeal in writing in the Office of the
Commissioner of the Department within (30) calendar days after receiving the
notification, justifying why the district should not be identified as being in
Academic Distress.
10.04.4 The
Board shall render a written decision of a classification on a district's
appeal of identification as an Academic Distress school district within sixty
(60) calendar days of the district's written request.
10.04.5 The decision of the Board shall be
final with no further right of appeal, except a school district may appeal to
the Circuit Court of Pulaski County pursuant to the Administrative Procedures
Act, A.C. A. §
25-15-201 et
seq.
10.05 Time
Limitation of Academic Distress Status
10.05.1 A public school district identified
as in academic distress shall have no more than two (2) consecutive school
years beginning on July 1 following the date of notice of identification to be
removed from academic distress status.
10.05.2 The Board may at any time take
enforcement action on any school district in academic distress status
including, but not limited to, annexation, consolidation, or reconstitution of
a school district pursuant to A.C.A. §
6-13-1401 et
seq.
10.05.3 If a public school
district fails to be removed from academic distress status within the allowed
two (2) year time period, the Board shall annex, consolidate or reconstitute
the academic distress school district prior to July 1 of the next school year
unless the Board, at its discretion, issues a written finding supported by a
majority of the board, explaining in detail that the school district could not
remove itself from academic distress during the relevant time period due to
external forces beyond the school district's control.
10.06 Procedures for assisting school
districts in academic distress
10.06.1 Within
thirty (30) calendar days of classification by the State Board, each Academic
Distress school district shall develop and file with the Department a modified
Comprehensive School Improvement Plan to target and address any area in which
the district is experiencing academic distress.
10.06.2 Within fifteen (15) calendar days of
classification by the State Board, the Department shall assign a team of
educators to evaluate the district and determine the need for on-site technical
assistance.
10.06.3 The team of
educators shall evaluate and make recommendations to the district
superintendent within sixty (60) calendar days following the district's
classification as an Academic Distress school district.
10.06.4 School districts classified as
Academic Distress shall provide access to all district assessment, instruction,
personnel and academic records and reports to assist the team in the
formulation of the recommendations for improvement.
10.06.5 The Department with assistance from
the team of educators shall review the data relative to the academic status and
performance of students in the Academic Distress school district.
10.06.6 Following the on-site review, the
team of educators will submit a written set of recommendations to the Academic
Distress school district.
10.06.7
The Department shall provide relevant technical assistance to each identified
school district based upon the needs identified in the Comprehensive School
Improvement Plan.
10.08
Procedures for evaluating and removal of school districts from academic
distress status
10.08.1 The Department shall
review and annually report to the Board the academic conditions existing in
each Academic Distress school district and determine whether the district is
making progress and has fewer than 75% of the students performing in the below
basic performance level.
10.08.2 A
school district designated in Academic Distress shall be removed from Academic
Distress only if fewer than 75% of the students perform below basic for two
consecutive years.
11.0 Board Authority
11.01 The Board shall have the following
authority regarding any public school district in academic distress:
11.01.1 Require the superintendent of the
school district to relinquish all authority with respect to the district, to
appoint an individual to administratively operate the district under the
supervision of the Commissioner of the Department, with the cost to be paid
from school district funding;
11.01.2 Suspend or remove some or all of the
current board of directors and call for the election of a new school board for
the school district in which case the school district shall reimburse the
county board of election commissioners for election costs as otherwise required
by law.
11.01.3 Allow the school
district to operate without the local school board under the supervision of the
local school district administration or an administration chosen by the
Commissioner of the Department.
11.01.4 Waive the application of Arkansas
law, with the exception of the Teacher Fair Dismissal Act of 1983, A.C.A.
§
6-17-1501 et seq., and the
Public school Employee Fair Hearing Act, A.C.A. §
6-17-1701 et seq., or
Department Rules.
11.01.5 The Board
has exclusive jurisdiction to determine the boundary lines of the receiving or
resulting school district and to allocate assets and liability of the
district.
11.01.6 Require the
annexation, consolidation, or reconstitution of the public school
district.
11.01.7 Take any other
necessary and proper action as determined by the Board that is allowed by
law.
11.01.8 After providing thirty
(30) calendar days written notice, via certified mail return receipt requested,
to a school district, the Department may petition the Board or the Board on its
own motion, at any time, may take action pursuant to 11.0 as allowed by Act
1467 of 2003, in order to secure and protect the best interest of students in
the public school district or to secure and protect the best interest of the
educational resources of the state.
11.01.9 The School District shall have a
right of appeal to a public hearing before the Board after filing a written
notice of appeal with the office of the Commissioner of the Department at least
thirty (30) calendar days prior to the appeal hearing.
11.01.10 The State Board shall consolidate,
annex or reconstitute a school district that fails to remove itself from the
classification of a school district in academic distress within two (2)
consecutive school years of receipt of notice of identification unless the
Board, at its discretion, issues a written finding supported by a majority of
the Board, explaining in detail that the school district could not remove
itself from academic distress due to impossibility caused by external forces
beyond the school district's control.
11.01.11 After a public hearing, the Board
shall consolidate, annex, or reconstitute the school district in academic
distress to another non-academic distress school district upon a majority vote
of a quorum of the members of the Board as permitted or required by this
subchapter.
11.01.12 The Board's
classification of a school district in Academic Distress shall be final except
that the school district shall have a right of appeal to the Circuit Court of
Pulaski County pursuant to the Arkansas Administrative Procedures Act, A.C.A.
§
25-15-201 et
seq.
12.0 School Choice and Academic Distress
12.01 Any
student attending a public school district classified as being in academic
distress shall automatically be eligible and entitled pursuant to A.C.A. §
6-18-206, the
"Arkansas Public School Choice Act", to transfer to another geographically
contiguous school district not in academic distress during the time period a
district is classified as being in academic distress, and therefore, not be
required to file a petition by July 1 but shall meet all other requirements and
conditions of the Arkansas Public School Choice Act.
12.02 The cost of student transportation to
the nonresident district shall be borne by the resident district.
12.03 The nonresident district shall count
the student for average daily membership purposes.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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