Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 01 - Division of Fiscal and Administrative Services
Rule 005.01.17-005 - ADE Rules Governing Required Training for School Board Members
Universal Citation: AR Admin Rules 005.01.17-005
Current through Register Vol. 49, No. 9, September, 2024
1.00 REGULATORY AUTHORITY
1.01 The State Board of Education
promulgates this Rule pursuant to Ark. Code Ann. §§
6-11-105,
6-13-629, and Act 589 of
2017.
1.02 This Rule shall be known
as the Arkansas Department of Education (ADE) Rules Governing Required Training
for School Board Members
2.00 PURPOSE
The purpose of this Rule is to outline the type and amount of training required for new and continuing local school board members.
3.00 DEFINITIONS
3.01 "Annual School Performance Report" means
the report required to be posted on the ADE website for each school district
annually under Ark. Code Ann. §
6-15-1402.
3.02 "Comprehensive School Improvement Plan"
means the plan that each local school district must prepare annually under the
Arkansas Department of Education Rules Governing Standards for Accreditation of
Arkansas Public School and School Districts Section 7.04.1.
4.00 TRAINING HOURS REQUIRED
4.01 A member of a local school district
board of directors who has served on the board of directors for twelve (12) or
more consecutive months shall obtain no less than six (6) hours of training and
instruction by December 31 of each calendar year.
4.02 A member of a school district board of
directors elected for an initial or non-continuous term shall obtain no less
than nine (9) hours of training and instruction by December 31 of the calendar
year following the year in which the member is elected.
4.02.1 The training or instruction under
Section 4.02 of this Rule shall be accomplished within the first fifteen (15)
months of service on the board of directors.
4.03 Hours of training and instruction
obtained in excess of the minimum requirements each year may accumulate and be
carried forward through December 31 of the third calendar year following the
year in which the hours were obtained.
5.00 TRAINING CONTENT
5.01 The training and instruction required
under this Rule shall include topics relevant to school laws, school
operations, and the powers, duties, and responsibilities of the members of the
board of directors, including without limitation:
5.01.1 Legal requirements, including without
limitation:
5.01.1.1 The following items
listed or required by the Legislative Joint Auditing Committee under Ark. Code
Ann. §
6-1-101:
5.01.1.1.1 Audit management letter
5.01.1.1.2 Ethical guidelines
5.01.1.1.3 School elections
5.01.1.1.4 Management of schools
5.01.1.1.5 Revolving loan funds
5.01.1.1.6 School district finances
5.01.1.1.7 School district school
bonds
5.01.1.1.8 Teachers and
employees
5.01.1.1.9 Teachers'
salaries
5.01.1.1.10 Deposit and
investments of funds
5.01.1.1.11
Improvement contracts
5.01.1.2 Other financial laws or regulations
designated by the Arkansas Department of Education;
5.01.2 Role differentiation;
5.01.3 Financial management, including
without limitation how to read and interpret an audit report;
5.01.1.3 The training or instruction on how
to read and interpret an audit report shall be conducted by a person who:
5.01.1.3.1 Is licensed to practice accounting
by the Arkansas State Board of Public Accountancy and has prior experience
conducting school district financial audit.
5.01.1.3.2 The instructor of the audit
training must not be an employee of the Division of Legislative Audit unless
the training is conducted for the boards of directors of multiple school
districts.
5.01.1.3.3 The
instructor must not be the person conducting the annual audit or other
financial audit of the school district unless the training or instruction is
presented in a large group setting sponsored by a statewide or regional
organization that is attended by multiple school districts.
5.01.1.4 Training or instruction
shall be conducted under the consultation or supervision of an individual who
qualifies under Section 5.01.1.3 of these rules as part of a program that is
provided:
5.01.1.4.1 By an institution of
higher education located in Arkansas;
5.01.1.4.2 From instruction sponsored or
approved by the Department of Education; or
5.01.1.4.3 By an in-service training
conducted by or through the Arkansas School Boards Association.
5.01.1.5 The audit training or
instruction may be presented by electronic means, in person, or both.
5.01.4 Improving student
achievement.
6.00 TRAINING PROVIDERS
6.01 This instruction may be provided to
board members by an institution of higher learning in this state, by programs
sponsored or approved by the ADE, or by an in-service training program
conducted by or through the Arkansas School Boards Association
6.02 Any instruction directly provided to
board members by either an institution of higher learning in this state, the
ADE, or the Arkansas School Boards Association, which instruction meets the
training content requirements of Section 5.00 of this Rule, shall not require
pre-approval by the ADE. All other instruction must be pre-approved by the ADE
in order for the training to count towards the required hours under Section
4.00 of this Rule.
6.03 At least
thirty (30) days before a training program meeting the content requirements of
Section 5.00 of this Rule is offered to members of a local school district's
board of directors, the provider shall provide a detailed description of the
entire program including staff qualifications to the ADE.
6.04 The ADE shall promptly review the
content of the program for compliance with any and all applicable statutes and
department rules to determine if any or all of the program content shall be
deemed to provide training and instruction credit and shall establish the time
period the training and instruction provider is approved to offer the
program.
6.05 Upon notification by
the ADE of approval of the program (or a part or parts thereof) for training
and instruction credit, the provider may enroll participants in the program and
offer the program for training and instruction credit for the set time
period.
6.06 The provider shall be
responsible for the preparation and dissemination of proof of completion of the
program (or parts thereof) to all attendees. All such proof, or copies thereof,
shall be submitted by the board member attendees to the superintendent of the
district whose board they serve.
7.00 RECORDS OF TRAINING
7.01 A school district shall maintain a
record of hours of training and instruction for board members, which may be in
the form of an attested, cumulative annual report from the training providers
and which shall be subject to verification and inspection during the school
district's annual audit
7.02 A
statement of the hours of training and instruction obtained by each board
member in the preceding year shall be:
7.02.1
Part of the school district's comprehensive school improvement plan and
goals;
7.02.2 Posted in the same
way that other components of the comprehensive school improvement plan and
goals are required to be; and
7.02.3 Made a part of the annual school
performance report required under Ark. Code Ann. §
6-15-1402.
7.03 The superintendent of each school
district shall annually prepare a report of the training hours each school
board member received the previous calendar year and those carried forward from
a previous year that were eligible to be counted towards the previous year to
be presented at the board's regular January meeting.
7.03.1 Members who fail to receive or carry
forward the required number of training shall be:
7.03.1.1 Permitted thirty (30) days from the
date of the January board meeting to complete the deficient training hours;
and
7.03.1.2 Suspended from
participating in official business, except for board member training, until the
board member obtains the deficient hours.
7.03.2 A board member who fails to cure the
board member's training hours deficiency within the thirty (30) days allowed in
Section 7.03.1.1 shall be removed from the board and the board member's
position shall be filled in accordance with Ark. Code Ann. §
6-13-611 unless:
7.03.2.1 The board members' failure to
receive the required training was due to military service of the board member;
or
7.03.2.2 The board member
provides a written sworn statement from the board member's treating physician
stating that the board member's failure to receive the required training was
due to a serious medical condition.
7.03.3 A board member who provides the
necessary documentation under Section 7.03.2 shall have until December 31 of
the year following the year the board member failed to receive the required
training to receive both the hours of training required for the current year
and the hours the board member failed to obtain the previous year.
8.00 AUTHORIZATION TO REIMBURSE FOR RELATED EXPENSES
8.01 Local
school district boards of directors are authorized to pay a reasonable per diem
and other necessary expenses from funds belonging to the school district and to
reimburse school board directors for expenses incurred in attending in-service
workshops, conferences, and other courses of training and instruction required
in completing the training and instruction as required under this
Rule.
9.00 ENFORCEMENT
9.01 A school district shall demonstrate
compliance with the requirements of this Rule in addition to complying with the
provisions of Section 7.00 of this Rule by causing its superintendent to file a
written statement of assurance with the ADE pursuant to Ark. Code Ann. §
6-15-202.
9.02 A school district which fails to comply
with the provisions of Ark. Code Ann. §
6-13-629 and the procedural
requirements articulated in this Rule shall be subject to being placed in
probationary status pursuant to Section 24.18 of the Arkansas Department of
Education Rules Governing Standards for Accreditation of Arkansas Public
Schools and School Districts.
9.03
A vacancy on the school board shall occur if a board member fails to receive
the mandatory hours of training within the time frame required by Ark. Code
Ann. §
6-13-629 unless the failure was due
to military service of the board member or a serious medical condition as
demonstrated by a written sworn statement of the board member's treating
physician.
9.04 The board shall not
appoint the board member who failed to receive the required hours of training
to fill the vacant position on the board that resulted from the board member's
failure to receive the required hours of training.
Exhibit A
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