Current through Register Vol. 49, No. 9, September, 2024
1.00
REGULATORY AUTHORITY
1.01 These
rules shall be known as the Arkansas Department of Education Rules Governing
the Standards for Accreditation of Arkansas Public Schools and School
Districts.
1.02 These rules are
promulgated pursuant to Ark. Code Ann. §§
6-11-105,
6-15-207,
25-15-201 etseq., and Acts 219,
829 and 1015 of 2007.
1.03 These
rules replace previously adopted Rules Governing Standards for Accreditation of
Arkansas Public Schools revised January 2005.
2.00
PURPOSE
2.01 These rules are to set forth the
Standards for Accreditation of Arkansas public schools and school
districts.
2.02 The purpose of
these rules is to describe the process whereby Arkansas public schools or
school districts will be cited or placed in probationary status for failure to
meet Standards for Accreditation.
2.03 The purpose of these rules is to set
forth the enforcement actions that may be applied to Arkansas public schools or
school districts that fail to meet Standards for Accreditation.
3.00
DEFINITIONS -
For purpose of these Rules, the following terms mean:
3.01 "Cited" - Accredited-cited status
assigned to a school or school district that fails to meet any standard
identified as a cited violation in these rules.
3.02 "Core academic course" means a course
taught in any of the following subject areas defined by NCLB: English, Reading
or Language Arts, Mathematics, Science, Foreign Language, Social Studies,
Arts.
3.03 "Department" - Arkansas
Department of Education.
3.04
"Enforcement action" - intervention by the State to require compliance of a
school or a school district that fails to meet Standards for Accreditation of
Arkansas Public Schools and School Districts.
3.05 "Highly qualified teacher" means a
teacher who holds at least a Bachelor's Degree, holds full state license, and
has demonstrated subject area competence in each of the core academic subjects
in which the teacher teaches, and who meets such other necessary requirements
as set forth in the Arkansas Department of Education Rules Governing Highly
Qualified Teachers Pursuant to the No Child Left Behind Act of 2001,
20 U.S.C. §
6301 et seq.
3.06 "Probationary" - Accredited-probationary
status assigned to a school or school district that fails to meet any standard
identified as a probationary violation in these rules or fails to correct by
the specified deadline a violation for which it acquired cited
status.
3.07 "Public School
District/Public School" - those school districts and schools (including
open-enrollment charter schools) created pursuant to Title 6 of 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
Ark. Code Ann. §§
6-15-501,
9-28-205, and
12-29-301, etseq., or other
provisions of Arkansas law.
3.08
"Standards for Accreditation" - a series of requirements that specify what a
school or school district shall meet in order to be fully accredited by the
Arkansas Department of Education.
3.09 "State Board of Education" - Arkansas
State Board of Education.
4.00
CITED STATUS
4.01 A school district, which is deemed to
have failed to meet any standard defined with a cited status in these rules and
is referenced as applicable to a school district, shall be assigned cited
status.
4.02 A school, which is
deemed to have failed to meet any standard defined with a cited status in these
rules and is referenced as applicable to a school, shall be assigned cited
status.
4.03 No school or school
district shall maintain a cited status for violation of any particular standard
for a time period greater than two (2) consecutive school years including the
year the cited status is assigned, unless provided otherwise in these
rules.
4.04 Any school or school
district that fails to remedy itself from cited status for violation of a
particular standard after a two (2) year time period shall be assigned
accredited-probationary status.
4.05 For the purpose of these Rules, D means
district, S means school, C means cite, P means probation, and Policy means a
policy is required.
5.00
PROBATIONARY STATUS
5.01 A
school district shall be assigned a probationary status which is deemed to have
failed to meet any standard defined with a probationary status in these rules
or was in cited status for the same violation the previous two (2) consecutive
years and is referenced as applicable to a school district.
5.02 A school shall be assigned a
probationary status which is deemed to have failed to meet any standard defined
with a probationary status in these rules or was in cited status for the same
violation the previous two (2) consecutive years and is referenced as
applicable to a school.
5.03 No
school or school district shall maintain a probationary status for violation of
any standard for more than two (2) consecutive school years including the year
the probationary status is declared.
5.04 Any school or school district that fails
to remedy itself from probationary status after the two (2) year time period
will be subject to mandates of Ark. Code Ann. §
6-15-207 (Act 1467 of 2003).
STANDARDS FOR ACCREDITATION OF ARKANSAS PUBLIC SCHOOLS
AND SCHOOL DISTRICTS
6.00
STANDARD I EQUAL EDUCATIONAL
OPPORTUNITIES
6.01 All school
districts' policies and actions shall be nondiscriminatory and shall be in
compliance with state and federal laws.
6.02 Pursuant to Ark. Code Ann. §
6-15-202(a) and
Act 829 of 2007, all school districts which have not obtained full and complete
unitary status and have been released from court supervision over desegregation
obligations are strongly encouraged to seek unitary status and obtain an
appropriate court order proclaiming such unitary status from the respective
federal courts in which their cases have been filed.
6.03 By September 15 of each school year, any
school district that has not been declared by court order to have reached
complete and full unitary status shall file a report with the Arkansas
Department of Education stating whether in the district's opinion the school
district is unitary in status or not. Any school district that has not reached
complete and full unitary status and has not been released from court
supervision over desegregation obligations but which believes the district is
in complete and full unitary status shall provide a written quarterly report to
the Arkansas Department of Education by September 15 and the report shall
provide a detailed plan with proposed time lines of how the district has
complied with any desegregation plan or obligations and shall state how the
district will seek to obtain a determination of full unitary status and release
from court supervision and a release of any and all court ordered desegregation
obligations.
6.04 If by July 1,
2009 and each school year thereafter, the Arkansas Department of Education is
unable to verify the district's attempts to comply with their submitted
detailed plan for obtaining a determination of full unitary status and release
from court supervision as required in §6.03 of these Rules, then the
Department of Education shall report to the State Board of Education:
1) Whether the failure of the school district
to obtain full and complete unitary status is having a negative impact on the
state's overall obligation to provide a general, suitable and efficient school
system; and
2) Whether the school
district should be placed on probationary status and subject to the provisions
of Ark. Code Ann. §
6-15-201 et seq.
6.05 The SBE shall consider the
report issued by the ADE under § 6.04 of this Rule and may designate or
classify a school district in probationary status and take any necessary
intervention allowed under §
6-15-201 et seq. if the SBE
determines the district's inability to obtain unitary status is having a
negative impact on the obligation to provide a general, suitable and efficient
education.
7.00
STANDARD II GOALS AND ADMINISTRATION OF ARKANSAS PUBLIC SCHOOLS AND SCHOOL
DISTRICTS
7.01 STATE AND NATIONAL
GOALS
It is well established by history and law that education is a
state responsibility. As a framework for school district planning, a set of
statewide and national goals for education and a long-term plan to meet these
goals have been developed.
As one of these goals, pursuant to No Child Left Behind,
teachers of core academic classes shall hold a designation as a Highly
Qualified Teacher (HQT).
7.02 SCHOOL DISTRICT GOALS
7.02.1 Each school district in Arkansas shall
be required to develop, with appropriate staff and community participation, a
comprehensive plan. School district goals shall be compatible with state and
national educational goals and shall address local needs. The plan shall be
filed with and reviewed by the Department annually.
7.02.2 Each school district shall provide and
publish, in a newspaper with general circulation in the district before
November 15 of each school year, a report to the public detailing progress
toward accomplishing program goals, accreditation standards, and proposals to
correct deficiencies. If there is no paper media with general circulation,
notification shall be mailed to parents.
7.02.3 Each school 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.
7.03 SCHOOL
DISTRICT ADMINISTRATION
7.03.1 OPERATING
POLICIES AND PROCEDURES
Each school board shall adopt written policies for the
operation of the school district in accordance with guidelines established by
the Department.
7.03.2
RECORDS AND REPORTS
7.03.2.1 Each school
shall maintain all reports and records necessary for effective planning,
operation, and education.
7.03.2.2
Each school district shall annually submit an accurate and timely report to the
Department appraising its students' performance. The report shall be prepared
in accordance with guidelines developed by the Department.
7.03.3 SCHOOL BOARDS
7.03.3.1 Each school board, prior to November
15 of each year, shall hold a public meeting, at a time and place convenient
for a majority of the school patrons and employees, to review and discuss its
annual report detailing progress toward accomplishing its district's program
objectives, accreditation standards, and proposals to correct
deficiencies.
7.03.3.2 All
accreditation and evaluation studies and reports shall be reported and
discussed in a public meeting at a time and place convenient for a majority of
the school patrons and employees.
7.04 SCHOOL GOALS
7.04.1 The administrators, teachers, other
school staff, and parents of each school shall develop the annual comprehensive
school improvement plan to monitor that school's progress and to project its
continuing needs. The annual school improvement plan shall be filed with and
reviewed by the Department.
7.04.2
Schools shall review each curriculum area annually to ensure alignment with
state standards.
8.00
STANDARD III ACTIVE COMMUNITY
INVOLVEMENT
8.01 Each school district
shall form a coalition of parents, and representatives of agencies and
institutions, and of business and industry to develop and implement a
comprehensive plan for effective and efficient community involvement in the
delivery of comprehensive youth services and support.
8.02 Each individual school shall investigate
and, where feasible, utilize community resources in the instructional program
of the school.
9.00
STANDARD IV CURRICULUM
9.01
COURSE CONTENT FRAMEWORKS
9.01.1 The
Department shall appoint committees to write curriculum frameworks based on the
adopted Arkansas Student Learning Expectations. Each committee shall consist of
teachers and instructional supervisory personnel from public schools assisted
by teachers from institutions of higher education. Committees will meet
periodically to review, revise, and update the curriculum frameworks.
9.01.2 Each accredited school shall use these
curriculum frameworks to plan instruction leading to student demonstration of
proficiency in the Arkansas content standards.
9.01.3 The Department, with advice from
public schools and institutions of higher education, shall devise an assessment
system that will measure progress toward meeting the content standards
expressed in the Arkansas Curriculum Frameworks. These evaluations shall serve
as a major factor in determining the accreditation status of public
schools.
9.02 EARLY
CHILDHOOD EDUCATION CURRICULUM
The early childhood education curriculum shall be
developmentally appropriate for the age span of the children within the groups
and implemented with attention to the different needs, interests, and
developmental levels of those individual children. This curriculum shall be
aligned to Arkansas Better Chance standards.
9.03 CURRICULUM
9.03.1 SMART CORE AND CORE
9.03.1.1 Guidelines for the development of
Smart Core curriculum policies and informed consent document shall be
established by the Department. Each school district shall adopt written Smart
Core curriculum policies consistent with those guidelines.
9.03.1.2 The Smart Core curriculum is
contained within the 38 units that must be taught each year. (See 14.03.1 for a
listing of Smart Core requirements)
9.03.1.3 In order to ensure that every child
has access to a rigorous curriculum, beginning with the seventh grade class of
2004-2005, the Smart Core curriculum and core curriculum will be a standard
component of the required course of study to graduate from Arkansas public
schools.
9.03.1.4 All students will
participate in the Smart Core curriculum unless the parent or guardian waives
the student's right to participate. In such case of a waiver, the student will
be required to participate in the core.
9.03.1.5 Each school district shall adopt
written policies that inform parents about the Smart Core curriculum and the
required course of study for graduation.
9.03.1.6 Each district's written policies
regarding Smart Core curriculum and the required course of study for graduation
shall be included in the student handbook and filed with the
Department.
9.03.1.7 Local
districts and individual schools shall involve parents, staff, and students in
the formulation and review of the Smart Core curriculum and the course of study
for the graduation policy.
9.03.1.8
Students and parents shall acknowledge that they have received the school's
policy regarding Smart Core curriculum and the required course of study for
graduation by a signed statement. The school shall document procedures and
methods used to inform parents and students of this policy. Parents shall sign
an Informed Consent document provided by the Department. Teachers,
administrators, and counselors shall be provided with appropriate training in
this policy.
9.03.1.9 The core
curriculum for grades K-8 shall encompass all types of developmentally
appropriate learning experiences and provide for differences in rates of
learning among children. It shall emphasize overarching processes of reasoning
and problem solving, communicating, connecting (linking knowledge, skills, and
other understandings within and across disciplines to real-life situations),
and internalizing (acting on the learning to make it meaningful, useful, and
worthwhile). English Language Acquisition Standards shall also be used for all
English Language Learners (ELL) students at all grade levels.
9.03.2 GRADES K-4
Reading, writing, and mathematics shall be incorporated into
all curriculum areas. All students shall receive instruction in each content
area annually.
9.03.2.1 Language Arts
Reading
Writing
Listening, Speaking, Viewing
9.03.2.2 Mathematics
Number sense, properties, and operations
Measurement
Geometry and spatial sense
Data analysis and statistics
Patterns, algebra, and functions
9.03.2.3 Social Studies History and culture
of Arkansas (a unit at each grade level with emphasis at grade 4), the nation,
and the world (including foreign language experiences)
Geography
Economics
Civic education
Social sciences processes and skills
9.03.2.4 Science
Life science systems
Earth/space systems
Physical systems
Environmental education
9.03.2.5 Tools for Learning
Technical skills: research and information skills, use of
computers and calculators
Data gathering: use of data banks, atlases, dictionaries,
almanacs, networks, news sources, and interviews
9.03.2.6 Fine Arts
Visual arts instruction, appreciation, and application
Performing arts instruction, appreciation, and application
9.03.2.7 Practical Living Skills/Career
Exploration
9.03.2.8 Health and
Safety Education and Physical Education
9.03.3 GRADES 5-8
Reading, writing, and mathematics shall be incorporated into
all curriculum areas. All students shall receive instruction in each content
area annually.
9.03.3.1 Language Arts
Reading
Writing
Listening, Speaking, Viewing
9.03.3.2 Mathematics
Number sense, properties, and operations
Measurement
Geometry and spatial sense
Data analysis and statistics
Patterns, algebra, and functions
9.03.3.3 Science
Life science systems
Earth/space systems
Physical systems
Environmental education
9.03.3.4 Social Studies
History and culture of Arkansas (a unit at grades 5 and 6, with
emphasis at grade 5), the nation, and the world (including foreign language
experiences)
Geography
Economics
Civic education
Social science process skills
9.03.3.5 Physical Education
9.03.3.6 Fine Arts
Visual arts instruction, appreciation, and application
Performing arts instruction, appreciation, and application
9.03.3.7 Health and Safety
9.03.3.8 Tools for Learning
Technical skills: research and information skills, use of
computers and calculators
Data gathering: use of data banks, atlases, dictionaries,
almanacs, networks, news sources, and interviews
9.03.3.9 Career and Technical
Education
9.03.3.10 Each school
shall teach annually reading and mathematics skills to assist those students
who need such additional instruction to make satisfactory progress in their
required courses.
9.03.3.11 A unit
of Arkansas history shall be taught as a social studies subject at each
elementary grade level in every public elementary school in this state with
greater emphasis at the fourth (4th) and fifth (5th) grade levels, and at least
one (1) full semester of Arkansas history shall be taught to all students at
the 7th, 8th, 9th, 10th, 11th, or 12th grade level in every public secondary
school in this state.
9.03.3.12
Upon approval by the Department, courses taught in grades 5-8 may be offered
for high school graduation credit. Courses shall have the same rigor as those
taught in high school, but content for a single course may be taught over a
two-year period. Teachers shall be certified in the subject area taught with
students participating in appropriate End-of-Course examinations. Schools shall
have appropriate follow-up curriculum in place for students adopting an
accelerated schedule.
9.03.4 GRADES 9-12
Reading, writing, and mathematics shall be incorporated into
all curriculum areas. The following courses shall be taught annually for a
total of 38 units, except as otherwise allowed in Ark. Code Ann. §§
6-15-213 and
6-15-214, as articulated in these
rules.
9.03.4.1 Language Arts - 6
units
4 units English
1 unit oral communications or 14 unit oral communications and
14 unit drama
1 unit journalism
(Other options as approved by the Department)
9.03.4.2 Science - 5 units (Active student
participation in laboratory experience is required for a minimum of 20% of
instructional time.)
1 unit biology
1 unit chemistry
1 unit physics
(Other options as approved by the Department)
9.03.4.3 Mathematics - 6 units
1 unit Algebra I
1 unit geometry
1 unit Algebra II
1 unit pre-calculus mathematics to include trigonometry
(Other options as approved by the Department)
9.03.4.4 Foreign Languages - 2 units of the
same language
9.03.4.5 Fine Arts -
3 1/2 units
1 unit art
1 unit instrumental music
1 unit vocal music
1/2 unit survey of fine arts or an advanced art or an advanced
music course
9.03.4.6
Computer Applications with emphasis on current applications-1 unit
9.03.4.7 Social Studies - 4 units
1 unit American history with emphasis on 20th Century
America
1 unit world history
1 unit civics or civics/government
1/2 unit of Arkansas history if not taught in grade 7 or
8
(Other options as approved by the Department)
9.03.4.8 Health and Safety Education and
Physical Education - 11/2 units
1 unit physical education
1/2 unit health and safety education
9.03.4.9 Career and Technical Education - 9
units of sequenced career and technical education courses (programs of study)
representing three (3) occupational areas.
In addition to the currently approved programs, districts may
develop and request approval for innovative programs of study based on
community and student needs.
9.03.4.10 The course offerings should include
appropriate Advanced Placement (AP) courses. Weighted credit/additional quality
points for designated AP courses will be contingent upon the teacher completing
training as required by the Department and the student taking the applicable AP
examinations.
9.03.4.10.1 Any school district
meeting the following conditions may petition the Department to count an
appropriate approved AP course in the place of a specified required 38 unit
course in the subject areas of mathematics, English, science and social studies
under the following conditions:
9.03.4.10.2 The public school district has a
qualified teacher for the required 38 unit course;
9.03.4.10.3 No students enrolled in the
required 38 unit course;
9.03.4.10.4 An AP course in the same subject
area as the required course has students enrolled in the course;
9.03.4.10.5 The public school district
teaches all other 38 unit courses required by the Standards for Accreditation;
and
9.03.4.10.6 The public school
district teaches the required 38 unit course to any student who enrolls in the
public school district after the school year begins.
9.03.4.10.7 The public school district may
teach the required course to a new student:
i.
In a traditional classroom setting;
ii. Through distance learning with a
qualified teacher, or
iii. By
making individual modifications for the required course from the AP course
syllabus to accommodate the new student.
9.03.4.10.8 The public school district shall
notify the Department in writing after registration in the spring prior to the
beginning of the new school year and immediately after the school year begins
if no students enrolled in the required course and the public school district
will seek to meet the Standards for Accreditation using the AP
course.
9.03.4.10.9 Upon receiving
the public school district's written notification and after spring registration
and after verifying the information, the Department shall permit the public
school district to meet the Standards for Accreditation by teaching the AP
course in place of the required course.
9.03.4.10.10 If a new student enrolls in the
required course, the public school district shall immediately notify the
Department in writing.
9.03.4.11 Additional foreign language courses
such as the Level III and IV of the same foreign language and other foreign
language should be included.
9.03.4.12 If a course required to be taught
by a school district under the State Board of Education's Standards for
Accreditation has an enrollment of one (1) or more students and all students
enrolled in the course leave the school district after the course has commenced
but before the completion of the course in each given school year or school
semester the course is to be taught, and no other students that are eligible to
take the course enroll to attend the school district campus where the course is
required to be taught, the course shall be considered as taught by the school
district in compliance with the Standards for Accreditation under the
folllowing conditions:
9.03.4.12.1 The school
district superintendent certifies in writing that no student was enrolled in
the district and was eligible to take the required course enrolled to attend
the school district campus where the course was required to be taught after the
initial student or students left the school district;
9.03.4.12.2 The school district provides
written proof, as required by the Department, that the school district had the
course scheduled to be taught on the school district's master course schedule
during the entire time the course was required to be taught;
9.03.4.12.3 The school district provides
written proof, as required by the Department, that the school district had a
properly certified teacher employed and able to teach the required course
during the entire time the course was required to be taught and the course was
listed on the school district's master course schedule;
9.03.4.12.4 The Department, upon review of
proper records of the district and information certified by the school district
superintendent, confirms that the school district satisfied the requirements of
Sections 9.03.4.12 - 9.03.4.12.3 of these rules and verifies that the
information submitted pursuant to Sections 9.03.4.12 - 9.03.4.12.3 of these
rules is correct; and
9.03.4.12.5
At the end of the school semester in which the course was required to be
taught, the school district petitions the State Board of Education, in writing,
for a waiver of the Standards for Accreditation requirement that the particular
course be taught for that school semester.
9.03.4.12.6 The State Board of Education
shall waive the requirement for only the semester in which the student or
students left the school district.
9.03.4.12.7 The superintendent and the school
board president of the school district seeking the waiver shall appear before
the State Board of Education to present their request for a waiver.
9.03.4.12.8 Representatives of the Department
shall appear before the State Board of Education to confirm and verify the
information required to be filed with the Department under this
section.
9.03.4.12.9 Upon
satisfaction of the requirements of Sections 9.03.4.12 - 9.03.4.12.8 of these
rules, the State Board of Education shall waive the requirement that the course
be taught on a semester basis.
10.00
STANDARD V INSTRUCTION
10.01 REQUIRED TIME FOR INSTRUCTION AND
SCHOOL CALENDAR
10.01.1 Student-teacher
interaction time shall be for a minimum of 178 days, except as waived by the
Department for professional development.
10.01.2 All public school
teacher/administrator contracts (elementary, secondary, vocational - exception
vocational agriculture) shall be a minimum of 190 days.
10.01.3 At least ten (10) days or sixty (60)
hours shall be used for professional development and in-service training and at
least two (2) days shall be used for parent/teacher conferences.
10.01.4 The planned instructional time in
each school day shall not average less than six (6) hours per day or thirty
(30) hours per week.
10.02 CLASS SIZE AND TEACHING LOAD
10.02.1 Early childhood education programs
shall be no more than ten (10) students to one (1) teacher in a classroom or no
more than twenty (20) students to one (1) teacher and a qualified adult
aide.
10.02.2 Kindergarten shall be
no more than twenty (20) students to one (1) teacher in a classroom. However,
kindergarten class maximum may be no more than twenty-two (22) with a one half
time instructional aide being employed for those classes.
10.02.3 The average student/teacher ratio for
grades one through three in a school district shall be no more than
twenty-three (23) students per teacher in a classroom. There shall be no more
than twenty-five (25) students per teacher in any classroom.
10.02.4 The average student/teacher ratio for
grades four through six in a school district shall be no more than twenty-five
(25) students per teacher in a classroom. There shall be no more than
twenty-eight (28) students per teacher in any classroom.
10.02.5 In grades seven through twelve, a
teacher shall not be assigned more than one hundred fifty (150) students; an
individual academic class shall not exceed thirty (30) students, provided that,
in exceptional cases or for courses that lend themselves to large group
instruction, these ratios may be increased.
10.03 INSTRUCTIONAL MATERIALS
School districts shall adopt instructional materials which
provide complete coverage of a subject as described in that subject's
curriculum frameworks and which fit the achievement levels of the students
assigned to each teacher.
10.04 DISCIPLINE
10.04.1 Guidelines for the development of
student discipline policies shall be established by the Department. Each school
district shall adopt written discipline policies consistent with those
guidelines that include a code of student behavior.
10.04.2 Each district's written policies
shall be filed with the Department.
10.04.3 Local districts and individual
schools shall involve parents, staff, and students in the formulation and
review of their student discipline policies, rules, and procedures.
10.04.4 Schools shall inform students and
parents of the rules and procedures by which the school is governed. Schools
shall make the students aware of the behavior that will call for disciplinary
action, as well as the types of corrective actions that may be
imposed.
10.04.5 Students and
parents shall acknowledge that they have received the school's discipline
policies by a signed statement. The school shall document procedures and
methods used to inform parents and students of the policy.
10.04.6 Teachers and administrators,
classified school employees, and volunteers shall be provided with appropriate
student discipline training as required by Ark. Code Ann. §
6-18-502.
10.05 EXTRACURRICULAR ACTIVITIES
Each school district shall adopt a written policy on
extracurricular and non-instructional activities and their appropriate place in
the school program. The policy shall limit and control interruptions of
instructional time in the classroom and the number of absences for such
activities.
10.06
REQUIREMENTS FOR PARTICIPATION IN EXTRACURRICULAR ACTIVITIES
Each school district shall adopt a written policy specifying
the requirements students must meet to be eligible to participate in
extracurricular activities.
10.07 HOMEWORK AND INDEPENDENT STUDY SKILLS
Each school district shall adopt a written policy for
appropriate and meaningful homework. The policy shall promote the development
of students' independent study skills and work to be done outside the classroom
which will reinforce and strengthen academic skills, broaden the educational
experiences of students, and relate those experiences to the real life of the
community. Parents shall be notified of the policy at the beginning of each
school year.
11.00
STANDARD VI ATTENDANCE AND
ENROLLMENT
11.01 MANDATORY ATTENDANCE
All children who are ages five (5) through seventeen (17) on or
before September 15 are required to be in school that school year with the
exception of five-year-old children for whom kindergarten has been waived by
the parent, guardian, or person having custody or charge; students who have
received a high school diploma or its equivalent; or students who are enrolled
in a postsecondary vocational-technical institution, a community college, or a
two-year or four-year institution of higher education.
11.02 INITIAL ENROLLMENT
A birth certificate, Social Security Number, or other
documentation, as provided by law, shall be required to enroll in
school.
11.03 EARLY
CHILDHOOD EDUCATION PROGRAMS
It is recommended that school districts provide the opportunity
for each child age three (3) on or before September 15 to enroll in an approved
early childhood education program. No parent or guardian shall be required to
enroll a child in an early childhood education program at age three (3).
11.04 KINDERGARTEN
Each school district must provide a full-day kindergarten for
each child age five (5) on or before September 15. A parent or guardian shall
sign a waiver if they elect not to enroll a child in kindergarten at age five
(5). Any six-year-old child who has not completed a state accredited
kindergarten program prior to public school enrollment shall be evaluated by
the school district to determine whether placement for the child shall be in
kindergarten or the first grade.
11.05 IMMUNIZATION REQUIREMENTS
All schools and school districts shall meet immunization
requirements established by state and federal laws.
All enrolling kindergarten students shall furnish evidence of a
comprehensive and developmental preschool examination.
12.00
STANDARD
VII STUDENT PERFORMANCE
12.01
PERFORMANCE OF ALL STUDENTS
Schools shall be responsible for assessing each student's
progress at each grade level in acquiring mastery of the competencies, skills,
and other subjects required by law and Arkansas Comprehensive Testing,
Assessment and Accountability Program (ACTAAP) regulations. Assessment data may
include performance assessments, competency test scores, standardized test
scores, subject matter mastery test scores, and observations of teachers and
parent(s) orguardian(s).
12.02 GRADING
Grades assigned to students for performance in a course shall
reflect only the extent to which a student has achieved the expressed academic
objectives of the course. Grades that are aligned with other educational
objectives such as the student learning expectations contained in the
curriculum frameworks may also be given.
12.03 SPECIAL EDUCATION STUDENTS
Students with special needs shall have equal access to programs
that meet the criteria for their identified Individualized Education Program
and shall receive services in the least restrictive environment that meets
their needs.
12.04 SCHOOL
REPORTING OF STUDENTS' PERFORMANCE
12.04.1
Each local district shall adopt a written policy requiring teachers to
communicate with the parent(s) or guardian(s) of each student during the school
year to discuss the student's academic progress and requiring more frequent
communication with the parent(s) or guardian(s) of students not performing at
the level expected for their grade.
12.04.2 Each school shall schedule no fewer
than two (2) parent-teachers conferences per school year to encourage
communication with parents.
12.04.3
All grade level conferences with parent(s) and orguardian(s) shall be scheduled
at a time and place to best accommodate those participating in the conference.
The school shall document participation or nonparticipation in required
conferences. If a student is to be retained at any grade level, notice of
retention and the reasons for retention shall be communicated promptly in a
personal conference.
12.05 TRANSFER BETWEEN SCHOOLS
12.05.1 Any student transferring from a
school accredited by the Department to another school accredited by the
Department shall be placed into the same grade the student would have been in
had the student remained at the former school.
12.05.2 Any student transferring from home
school or a school that is not accredited by the Department to a school that is
accredited by the Department shall be evaluated by the staff of that accredited
school to determine that student's proper placement in the accredited
school.
13.00
STANDARD VIM SCHOOL PERFORMANCE
Data from the performance indicators shall be used by the
Department and schools in establishing goals and objectives for school
improvement.
14.00
STANDARD IX GRADUATION REQUIREMENTS
14.01 For the graduating classes of
2004-2005, 2005-2006, 2006-2007, and 2007-2008, a minimum total of twenty-one
(21) units shall be earned by a student in order for that student to be
entitled to graduate from an Arkansas public high school. Only one (1) of the
required units may be in a physical education course. The twenty-one (21) units
must be satisfied from those twenty-one units which were in existence prior to
the last rule change to Section 14 of the Standards by the State Board of
Education in December 2003. Specifically, those units, at a minimum, are as
follows:
CORE-Fifteen (15) units
English - four (4) units
Oral Communications - one half (1/2) unit
Social Studies -three (3) units [one (1) unit of world history,
one (1) unit of U. S. history, one half (1/2) unit of civics or
government]
Mathematics -three (3) units [one (1) unit of algebra or its
equivalent* and one (1) unit of geometry or its equivalent.* All math units
must build on the base of algebra and geometry knowledge and skills.]
Science - three (3) units [at least one (1) unit of biology or
its equivalent and one (1) unit of a physical science]
Physical Education - one half (1/2) unit
Health and Safety - one half (1/2) unit
Fine Arts - one half (1/2) unit
* A two-year algebra equivalent or a two-year geometry
equivalent may be counted as two units of the three (3) unit
requirement.
CAREER FOCUS - Six (6) units
All units in the career focus requirement shall be established
through guidance and counseling at the local school district based on the
students' contemplated work aspirations. Career focus courses shall conform to
local district policy and reflect state frameworks through course sequencing
and career course concentrations where appropriate.
Local school districts may require additional units for
graduation beyond the fifteen (15) core and the career focus units. These may
be academic and/or technical areas. All the core and career focus units must
total at least twenty-one (21) units to graduate.
14.02 For the graduating classes of 2008-2009
and each graduating class thereafter, a minimum total of twenty-two (22) units
shall be earned by a student in order for that student to be entitled to
graduate from an Arkansas public high school. Only one (1) of the required
units may be in a physical education course. Specifically, for the graduating
class of 2008-2009, the required units, at a minimum, are as follows:
CORE-Sixteen (16) units
English - four (4) units
Oral Communications - one half (1/2) unit
Social Studies -three (3) units [one (1) unit of world history,
one (1) unit of U. S. history, one half (1/2) unit of civics or
government]
Mathematics -four (4) units [one (1) unit of algebra or its
equivalent* and one (1) unit of geometry or its equivalent.* All math units
must build on the base of algebra and geometry knowledge and skills.]
Comparable concurrent credit college courses may be substituted where
applicable.
Science - three (3) units [at least one (1) unit of biology or
its equivalent and one (1) unit of a physical science]
Physical Education - one half (1/2) unit
Health and Safety - one half (1/2) unit
Fine Arts - one half (1/2) unit
* A two-year algebra equivalent or a two-year geometry
equivalent may each be counted as two units of the four (4) unit
requirement.
CAREER FOCUS - Six (6) units
All units in the career focus requirement shall be established
through guidance and counseling at the local school district based on the
students' contemplated work aspirations. Career focus courses shall conform to
local district policy and reflect state frameworks through course sequencing
and career course concentrations where appropriate.
14.03 Specifically, for the graduating
classes of 2009-2010 and all graduating classes thereafter, the required
twenty-two (22) units, at a minimum, shall be taken from the "Smart Core"
curriculum or from the "Core" curriculum. All students will participate in the
Smart Core curriculum unless the parent or guardian waives the student's right
to participate. In such case of a waiver, the student will be required to
participate in Core. The required twenty-two (22) units, at a minimum, are to
be taken from the Smart Core or Core as follows:
SMART CORE - Sixteen (16) units
English - four (4) units - 9th, 10th, 11th, 12th Mathematics -
four (4) units [All students must take a mathematics course in grade 11 or
grade 12 and complete Algebra II.] Comparable concurrent credit college courses
may be substituted where applicable.
Algebra I or Algebra A & B (Grades 7-8 or 8-9) Geometry or
Investigating Geometry or Geometry A & B (Grades 8-9 or 9-10)
Algebra II
Fourth math unit range of options: (choice of: Transitions to
College Math, Pre-Calculus, Calculus, Trigonometry, Statistics, Computer Math,
Algebra III, or an Advanced Placement math)
Natural Science - three (3) units with lab experience chosen
from Physical Science, Biology or Applied Biology/Chemistry, Chemistry, Physics
or Principles of Technology I & II or PIC Physics
Social Studies - three (3) units
Civics or Civics/American Government
World History
American History
Oral Communications - one half (1/2) unit
Physical Education - one half (1/2) unit
Health and Safety - one half (1/2) unit
Fine Arts - one half (1/2) unit
CAREER FOCUS - Six (6) units
All units in the career focus requirement shall be established
through guidance and counseling at the local school district based on the
students' contemplated work aspirations. Career focus courses shall conform to
local district policy and reflect state frameworks through course sequencing
and career course concentrations where appropriate.
Local school districts may require additional units for
graduation beyond the sixteen (16) Smart Core and the six (6) career focus
units. These may be in academic and/or technical areas. All the Smart Core and
career focus units must total at least twenty-two (22) units to
graduate.
CORE-Sixteen (16) units
English - four (4) units
Oral Communications - one half (1/2) unit
Social Studies - three (3) units [one (1) unit of world
history, one (1) unit of U. S. history, one half (1/2) unit of civics or
government]
Mathematics - four (4) units [one (1) unit of algebra or its
equivalent* and one (1) unit of geometry or its equivalent.* All math units
must build on the base of algebra and geometry knowledge and skills.]
Comparable concurrent credit college courses may be substituted where
applicable.
Science - three (3) units [at least one (1) unit of biology or
its equivalent and one (1) unit of a physical science]
Physical Education - one half (1/2) unit
Health and Safety - one half (1/2) unit
Fine Arts - one half (1/2) unit
* A two-year algebra equivalent or a two-year geometry
equivalent may each be counted as two units of the four (4) unit
requirement.
CAREER FOCUS - Six (6) units
All units in the career focus requirement shall be established
through guidance and counseling at the local school district based on the
students' contemplated work aspirations. Career focus courses shall conform to
local district policy and reflect state frameworks through course sequencing
and career course concentrations where appropriate.
Local school districts may require additional units for
graduation beyond the sixteen (16) Core and the six (6) career focus units.
These may be in academic and/or technical areas. All the Core and career focus
units must total at least twenty-two (22) units to graduate.
14.04 A unit of credit shall be defined as
the credit given for a course which meets for a minimum of 120 clock hours. A
minimum average six-hour day or minimum thirty (30) hour week is
required.
14.05 SPECIAL EDUCATION
14.05.1 For a student with disabilities, the
Individualized Education Program (IEP) serves as the student's "graduation
plan."
14.05.2 Beginning not later
than the first IEP to be in effect when the child turns 16, or younger if
determined appropriate by a student's IEP Team, transition planning must be
initiated to prepare a student for exit from a secondary education program to
post-secondary life. This includes planning for the student's exit from school
due to graduation. For a student with disabilities, fulfillment of the
requirements set forth in the student's IEP constitutes the basis for
graduation from high school.
15.00
STANDARD X PERSONNEL
15.01 SCHOOL DISTRICT SUPERINTENDENT
Each school district shall employ a full-time superintendent
when enrollment exceeds three hundred (300). A full-time superintendent may, at
the discretion of the local school district, teach no more than two (2) classes
per day.
15.02 PRINCIPALS
Each school shall employ at least a half-time principal. A
full-time principal shall be employed when a school's enrollment reaches three
hundred (300). A school district superintendent may be permitted to serve as a
half-time principal when district enrollment is less than 300 providing the
superintendent is appropriately certified and is not already teaching classes.
Schools with an enrollment exceeding five hundred (500) shall employ at least
one full-time principal and a half-time assistant principal, instructional
supervisor, or curriculum specialist.
15.03 LICENSURE AND RENEWAL
15.03.1 All administrative, teaching, and
other personnel shall hold a current, valid Arkansas license as required by
law.
15.03.2 All administrative,
teaching, and other personnel shall meet appropriate State licensure and
renewal requirements for the position to which they are assigned.
15.03.3 A person not fully qualified for a
position may be used in emergencies only and may not be replaced by a person
not fully qualified for the position, unless appropriate documentation is
provided to the Department describing efforts to hire a qualified
individual.
15.03.4 Licensure
renewal in a subject area shall require intervening educational experience
related to that subject area.
15.03.5 Licensure renewal for administrative
and other personnel shall require appropriate intervening educational
experience related to their responsibilities.
15.03.6 Issuance and revocation of a license
shall be in accordance with Arkansas Code and State Board of Education
regulations promulgated for such action.
15.03.7 The State licensure system shall
include a process designed to provide qualified individuals applying for a
license an alternative to completion of a traditional teacher education
program.
15.04
PROFESSIONAL DEVELOPMENT AND IN-SERVICE TRAINING
15.04.1 Each school district shall have
flexibility in establishing plans for professional development and in-service
training, provided the plans meet standards and rules for professional
development as established by the Department. Beginning with the 2004-2005
school year, and each year thereafter, a minimum of sixty (60) hours of
professional development, to include six (6) hours of technology, is required
for teachers and administrators annually.
15.04.1.1 Each teacher shall be required to
have no less than two (2) hours of professional development designed to enhance
understanding of effective parental involvement strategies. These two (2) hours
may be included in the sixty (60) hours required for professional
development.
15.04.1.2 Each
administrator shall be required to have no less than three (3) hours of
professional development designed to enhance understanding of effective parent
involvement strategies, the importance of administrative leadership in setting
expectations, and creating a climate conducive to parental participation. These
three (3) hours may be included in the required sixty (60) hours of
professional development.
15.04.2 For each administrator, the sixty
(60) hour professional development requirement shall include training in data
disaggregation, instructional leadership, and fiscal management.
15.05 HIGHLY QUALIFED TEACHERS
REQUIREMENT FOR CORE ACADEMIC CLASSES
15.05.1
Every public school district shall ensure that the percentage of core academic
classes taught by highly qualified teachers in the district's schools is no
less than 10 percentage points below the state's total percentage of core
academic classes taught by highly qualified teachers.
15.05.2 Any school district failing to meet
the requirements of Section 15.05.1 shall receive a citation at the appropriate
district and school level.
16.00
STANDARD XI SUPPORT
SERVICES
Support services shall be designed to be comprehensive and
integral to the process of schooling and the development of all students. Each
school district for each school building site shall develop and implement a
written plan, as set forth in current laws. The plans shall be based upon the
needs identified by parents, teachers, principals, students, and other agencies
with which the school district works.
16.01 GUIDANCE AND COUNSELING
16.01.1 Each school shall provide a
developmentally appropriate guidance program to aid students in educational,
personal/social, and career development.
16.01.2 Each school shall provide supportive
personnel and appropriate facilities to ensure effective counseling to meet
individual needs of students.
16.01.3 Each school shall assign appropriate
certified counselor staff with the district being required to maintain an
overall ratio of one (1) to four hundred fifty (450).
16.02 MEDIA SERVICES
16.02.1 Sufficient resources shall be
budgeted and spent yearly for purchasing and maintaining an appropriate,
current collection.
16.02.2 A
process to provide for input from teachers, parents, and students in the
acquisition of instructional materials shall be implemented. These materials
shall enhance and support the goals of the school improvement plan.
16.02.3 The role of the library media center
shall support technology as a tool for learning. Each school with fewer than
three hundred (300) students enrolled shall employ at least a half-time,
licensed library media specialist. A school with three hundred (300) or more
students enrolled shall employ a full-time licensed library media specialist.
Schools enrolling fifteen hundred (1,500) or more students shall employ two
full-time, licensed library media specialists. The library media specialist(s)
shall ensure that access to records and resource data bases shall be available
to students. The media specialist(s) shall assist students in the development
and use of research skills.
16.02.4
The school media collection shall consist of a balance of print, nonprint, and
electronic media adequate in quality and quantity to meet the needs of the
developmentally appropriate curricular program. The minimum book collection,
exclusive of textbooks, shall be three thousand (3,000) volumes, or at least
eight (8) books per student enrolled, whichever figure is larger. A minimum
technology requirement will be one (1) computer per media center with
multimedia/networking capacity for administrative purposes only.
16.03 HEALTH AND SAFETY SERVICES
16.03.1 Each school district shall have a
health services program under the direction of a licensed nurse. The program
shall include screening, referral, and follow-up procedures for all
students.
16.03.2 Each school shall
provide facilities, equipment, and materials necessary for operation of a
school health services program.
16.03.3 The school health services program
shall provide and maintain current health appraisal records for all students in
accordance with guidelines developed by the Department.
16.03.4 Each school shall take proper
measures to ensure the safety of its students and protect against injuries
which may occur in or on the school facilities or site.
16.03.5 In accordance with Ark. Code Ann.
§
6-18-1005, health services shall
include but not be limited to:
(1) Students
with special health care needs, including the chronically ill, medically
fragile, technology dependent, and students with other health impairments shall
have an Individualized Healthcare Plan.
(2) Invasive medical procedures required by
students and provided at school shall be performed by trained, licensed
personnel who are licensed to perform the task; the regular classroom teacher
shall not perform these tasks.
(3)
Custodial Healthcare services required by students under an Individualized
Healthcare Plan shall be provided by trained school employees other than the
regular classroom teachers.
17.00
STANDARD XII SPECIAL
EDUCATION
Special education programs and special schools shall be
accredited in accordance with applicable laws and rules adopted by the State
Board of Education.
18.00
STANDARD XIII GIFTED AND TALENTED EDUCATION
18.01 Each school district shall develop
procedures to identify gifted and talented students in accordance with
guidelines established by the Department.
18.02 Each school district shall provide
educational opportunities for students identified as gifted and talented
appropriate to their ability.
18.03
Each school shall use procedures to evaluate the effectiveness of the
provisions of these educational opportunities.
19.00
STANDARD XIV SUPPLEMENTARY
EDUCATIONAL OPPORTUNITIES
19.01 Each
school district shall develop and implement programs which take advantage of
educational opportunities outside the traditional classroom.
19.02 Each school district shall provide
opportunities for qualified students to enroll in courses at institutions of
higher education.
19.03 Each school
district shall provide appropriate alternative program(s) for students who are
identified as requiring such programs to continue their education.
19.04 Each school district should provide
opportunities for summer school and adult education
programs.
20.00
STANDARD XV FACILITIES AND EQUIPMENT
20.01 School facilities shall be planned and
constructed in accordance with the laws of the State of Arkansas and the
regulations of the Arkansas Department of Health, the office of the State Fire
Marshall, and the Department.
20.02
Each room shall be furnished with equipment and instructional materials
necessary to provide the environment and working conditions appropriate for
subjects or activities assigned.
21.00
STANDARD XVI AUXILIARY
SERVICES
Auxiliary services, such as transportation and food services,
shall be provided in accordance with applicable laws, regulations, and
guidelines developed by the Department.
22.00
STANDARD XVII COOPERATION AMONG
SCHOOL DISTRICTS
School districts may comply with these standards through
cooperative efforts among themselves. All plans for cooperation among school
districts and institutions of higher learning for the purpose of complying with
these standards shall be submitted for approval to the Department.
23.00
STANDARD XVIII
ACCREDITATION OF SCHOOLS
23.01
COMPLIANCE WITH STANDARDS
A school or district shall be accredited on the basis of its
complying with these standards and state law related to these standards.
23.02 DEPARTMENT GUIDELINES
The Department shall prepare guidelines to be used in the
evaluation of schools or districts to determine whether they are in compliance
with these standards. The guidelines will provide for the design and format for
reports required to be submitted to the Department to indicate the extent to
which school districts and schools are in compliance. The guidelines will
include criteria for measuring each standard and the documentation required to
indicate compliance with the standard. Required reports will be submitted to
the Department by October 15 of each year.
23.03 ACCREDITATION PROCESS
The Department shall annually review all reports and
investigate any suspected deficiencies in meeting standards. All written
complaints charging violations of standards received by the Department shall be
investigated. Each year the Department shall make an on-site visit to a
selected number of school districts and review the schools for compliance with
the standards. The Department shall notify all school districts and schools not
meeting the Standards for Accreditation of deficiencies by May 15 of each
year.
23.04 ACCREDITATION
23.04.1 Any school or district, which falls
below current Standards for Accreditation, as determined by the Department,
shall be notified in writing as being classified in either cited or
probationary status by May 15 of each year.
23.04.2 School districts shall be notified of
a school's or school district's probationary status and advised that the school
will be classified as probationary for no more than two (2) school years, after
which time they shall be classified as not accredited. Schools classified as
not accredited are subject to enforcement actions as described herein pursuant
to Ark. Code Ann. §
6-15-207.
23.04.3 The Department shall review by May 15
annually, pertinent information from every school district to ensure that the
district and schools are in compliance with current Standards for
Accreditation, and shall make an on-site review of each school's compliance at
least every two (2) years or more frequently if deemed necessary by the
Department.
23.04.4 A comprehensive
evaluation shall be conducted in accordance with guidelines established by the
Department (i.e., with the Department prescribed procedures and school
improvement planning processes). The Department shall use teams of evaluators
that may include representatives from the Department, colleges and
universities, and teachers and administrators from other districts. The
Department shall report the conclusions of the evaluation team to the local
school within thirty (30) days. (Conform to Standards Review and the Arkansas
Consolidated School Improvement Plan [ACSIP])
23.04.5 The Department shall provide school
improvement teams to local school districts needing assistance in meeting the
standards or when it is determined a school has deficiencies. The school
improvement team shall recommend action that the school should take to improve
its program and eliminate deficiencies.
23.04.6 Any person who knowingly submits
falsified information requested or required by the Department may be subject to
licensure action pursuant to Ark. Code Ann. §
6-17-410 and other relevant state
and federal law.
24.00
SPECIFIC TIME FRAME FOR
CITATIONS OR PROBATIONS CITATIONS:
24.01 A school or school district will be
placed in cited status for licensure deficiencies for the second and third year
of an individual's Additional Licensure Plan (ALP). This status will continue
for the length of time prescribed by the individual's approved Additional
Licensure Plan, not to exceed two (2) years. Any school employing a teacher not
completing the ALP process after the two (2) year cited process shall be
assigned accredited-probationary status.
24.02 A school or school district will be
placed in cited status for improper ratios and class sizes caused by unexpected
population shifts. Such status may extend to October 15 of the next school
year. At the conclusion of the cited term, if the same violation exists, the
school shall be assigned probationary status.
24.03 A school district will be placed in
cited status for failing to hold the Annual Report to the Public School Board
meeting prior to November 15. Such status will extend to October 15 of the next
school year. At the conclusion of the cited term, if the same violation exists,
the school district shall be assigned probationary status.
24.04 A school district will be placed in
cited status for providing a late Annual Accreditation Report to the
Department. Such status will extend to October 15 of the next school year. At
the conclusion of the cited term, if the same violation exists, the school
district shall be assigned probationary status.
PROBATIONS: For the following violations, any
school district or school that fails to meet the identified date of corrections
will be recommended to the State Board of Education for loss of
accreditation.
24.05 A
school will be placed in probationary status for high school classes which meet
less than 120 clock hours (to be corrected within thirty days).
24.06 A school will be placed in probationary
status for an instructional day that is less than six (6) hours per day or
thirty (30) hours each week (to be corrected within thirty days).
24.07 A school will be placed in probationary
status for any staff member(s) not holding a valid Arkansas license. Such
status will not extend beyond January 30 of the current school year.
24.08 A school or school district will be
placed in probationary status for failing to employ a superintendent,
principal, assistant principal (if required), nurse, or counselor. Such status
will extend to the first day of the next academic semester.
24.09 A school will be placed in probationary
status for lack of written policies mandated by law or the Standards for
Accreditation (to be corrected in 60 days).
24.10 A school will be placed in probationary
status for lack of a guidance program. Such status will extend to the first day
of the next academic semester.
24.11 A school district will be placed in
probationary status for lack of a health services program. Such status will
extend to the first day of the next academic semester.
24.12 A school district will be placed in
probationary status for lack of a gifted and talented program. Such status will
extend to the first day of the next academic semester.
24.13 A school or school district will be
placed in probationary status for lack of a media services program. Such status
will extend to the first day of the next academic semester.
24.14 A school district will be placed in
probationary status for lack of a special education program. Such status will
extend to the first day of the next academic semester.
24.15 A school will be placed in probationary
status for improper ratios/class sizes NOT CAUSED by unexpected population
shifts (to be corrected in 30 days).
24.16 A school district will be placed in
probationary status for failing to file an accurate or complete Equity
Compliance Report. Such status will extend to the first day of the next
academic semester, but cannot extend beyond October 15 of the next
year.
24.17 A school or school
district shall be placed in probationary status for failing to teach the
required courses mandated by these Standards for Accreditation. Such status
will extend to the first day of the next academic semester, but cannot extend
beyond October 15 of the next school year.
24.18 A local school or school district shall
be placed in probationary status for violations of the law (e.g., Ark. Code
Ann. §§
6-16-132,
6-16-130,
6-15-1101,
6-17-309,
6-18-223, or
6-15-1601 et seq.). Such status
shall extend to the official review date issued by the Department.
25.00
ENFORCEMENT
OF STANDARDS FOR ACCREDITATION
25.01
The State Board of Education may, on its own motion or upon petition from the
Department, take any number of the following actions, listed in paragraph
25.03, to address a school or school district which has failed to meet all
Standards for Accreditation any time after a school or school district has
received notice of being placed in probationary status pursuant to paragraph
23.04.1. The Department shall petition the State Board of Education for
enforcement action in the time period provided in these rules when a school or
school district has failed to remedy all probationary violations when a
specific time period for correction is required regarding a particular
standard.
25.02 The State Board of
Education shall take at least one of the following actions, listed in paragraph
25.03, to address any school or school district which has failed to meet all
Standards for Accreditation for two (2) consecutive school years including the
year the probationary status was issued to the school or school district,
unless the State Board of Education, at its discretion, issues written findings
supported by a majority of the board, that the school district could not meet
current standards for the relevant time period due to impossibility caused by
external forces beyond the school district's control.
25.03 The State Board of Education shall be
allowed to take the following actions to address any school or school district
on probationary status for failing to meet the Standards for Accreditation:
25.03.1 Require a school district to
reorganize, or to reassign the administrative, instructional, or support staff
of a public school;
25.03.2 Require
a school or school district to institute and fully implement a curriculum that
is based on State academic content and achievement standards, including
providing appropriate professional development at the cost of the school
district;
25.03.3 Remove a
particular school from the jurisdiction of a school district and establish
alternative public governance and supervision of such school or
schools;
25.03.4 Require a school
district to close down or dissolve a particular school or schools within a
school district;
25.03.5 Annex a
school district or districts or parts thereof with another receiving school
district or districts pursuant to the authority of Ark. Code Ann. §
6-13-1401 et seq. and this
subchapter;
25.03.6 Consolidate a
school district or districts or parts thereof with another school district or
districts or parts thereof to form a resulting district pursuant to the
authority of Ark. Code Ann. §
6-13-1401 et seq. and this
subchapter;
25.03.7 Reconstitute
the leadership of a school district by removing permanently or suspending on a
temporary basis the superintendent of the school district or any particular
board members of a school district. The State Board of Education shall have the
authority to appoint an administrator or to call for the election of new school
board members to administer the affairs and provide governance of the school
district, or both;
25.03.8 Take any
other appropriate action allowed by law which is determined by the State Board
of Education to assist and address a school or school district failing to meet
the Standards for Accreditation.
25.03.9 LOSS OF ACCREDITATION
25.04 PUBLICATION AND
DISSEMINATION
25.04.1 When any school of a
school district or the school district is determined by the State Board of
Education to be in probationary status for failure to meet the Standards for
Accreditation, that school district, after exhausting its rights to appeal,
shall:
25.04.1.1 Publish the probationary
status determination and findings of the State Board of Education to the public
and the parents or care giver of each student enrolled in the school or school
district determined to have failed to meet the Standards for
Accreditation;
25.04.1.2 The public
notice shall be in an understandable and uniform format;
25.04.1.3 The public notice shall be
published or disseminated, immediately after the State Board of Education's
determination, on the web-site of the school district and published at least
one (1) time a week for two (2) consecutive weeks in a local newspaper of
general circulation in the affected school district.
26.00
RIGHT OF
APPEAL
26.01 In the event a district
or school believes the Department has improperly determined that any school or
school district has failed to meet Standards for Accreditation, the school
district shall have a right to file its written appeal with the office of the
Director of the Department.
26.02
Any such appeal shall be held in an open hearing, and the decision of the Board
shall be in open session. The appeal must be filed not later than May 30
following the May 15 written notification, and the State Board of Education
hearing must be held prior to August 15 of the same calendar year.
26.03 The State Board of Education may
confirm the classification of a school or school district accreditation status,
as determined by the Department, or it may sustain the appeal of the
district.
26.04 Pursuant to the
Ark. Code Ann. §
6-15-203, an appeal from the ruling
of the Board may be made by a school district to the Pulaski County Circuit
Court provided such appeal is made pursuant to the Arkansas Administrative
Procedures Act, Ark. Code Ann. §
25-15-201 et seq.
27.00
WAIVER
AUTHORITY AND PROCESS
27.01 The State
Board on its own motion, or on petition from the Department, or from a school
district may, upon a showing of just cause in a public hearing of the State
Board, grant a waiver of any accreditation standard for a time period of no
longer than one (1) school year, except that no curricula, student performance,
school performance, or any standard required by law may be waived for any time
period.
27.02 Any petition for
waiver of any accreditation standard by a school district shall be filed in the
Office of the Director of the Department thirty (30) calendar days prior to the
State Board of Education hearing the waiver petition. The State Board may waive
the thirty (30) day time requirement, when in the State Board of Education's
determination, circumstances prevent the petition from being filed within the
thirty (30) day time frame.
27.03
Any hearing of the State Board of Education concerning a waiver of any
accreditation standard shall be conducted in a public hearing of a properly
announced regular or special meeting of the State Board of Education in accord
with Arkansas law.
