Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 16 - Division of Human Resources ***
Rule 005.16.10-005 - Rules Governing the Distribution of Student Special Needs Funding and the Determination of Allowable Expenditures of Those Funds
Universal Citation: AR Admin Rules 005.16.10-005
Current through Register Vol. 49, No. 9, September, 2024
1.00 Authority
1.01 The Arkansas State
Board of Education's authority for promulgating these Rules is pursuant to Ark.
Code Ann. §§
6-11-105, 6-18-508, 6-18-509, and
6-20-2301 et seq.
1.02 These Rules shall be known as the
Arkansas Department of Education (ADE) Rules Governing the Distribution of
Student Special Needs Funding and the Determination of Allowable Expenditures
of Those Funds.
2.00 Purpose
2.01 The purpose of
these Rules is to distribute student special needs funding and define the
allowable expenditures of those funds.
3.00 Definitions - For purposes of these Rules, the following terms mean:
3.01 "Alternative Learning Environment (ALE)"
is a student intervention program in compliance with Ark. Code Ann.
§§ 6-18-508 and 6-18-509 and these Rules that seeks to eliminate
traditional barriers to learning for students.
3.02 "Average Daily Membership (ADM)" is the
total number of days of school attended plus the total number of days absent by
students in grades kindergarten through twelve (K-12) during the first three
(3) quarters of each school year divided by the number of school days actually
taught in the school district during that period of time rounded up to the
nearest hundredth.
3.02.1 In those instances
in which the ADM for fewer than three (3) quarters is specified, the number of
days used in the calculation shall be the days in the specified period of
time.
3.02.2 As applied to these
Rules, students who may be counted for ADM are:
3.02.2.1 Students who reside within the
boundaries of the school district, are enrolled in a public school operated by
the school district, and are enrolled in a curriculum that fulfills the
requirements established by the State Board of Education (State Board) under
the Standards for Accreditation of Arkansas Public Schools and School
Districts;
3.02.2.2 Legally
transferred students living outside the school district, but are attending a
public school in the school district under a provision of the Arkansas Code and
are enrolled in a curriculum that fulfills the requirements established by the
State Board under the Standards for Accreditation of Arkansas Public Schools
and School Districts.
3.02.2.3
Open-enrollment public charter school students who are enrolled in a curriculum
that fulfills the requirements established by the State Board under the
Standards for Accreditation of Arkansas Public Schools and School
Districts;
3.02.2.4 Students who
are eligible to attend and who reside within the boundaries of a school
district and are enrolled in the Arkansas National Guard Youth Challenge
Program, so long as the students are participants in the program; or
3.02.2.5 Any other circumstance allowed by
law.
3.03
"Bonus" is a non-recurring payment to a school district employee, which shall
not be considered an addition to the employee's contractual salary
amount.
3.04 "Chronically
Underperforming School" is a public school that does not meet adequate yearly
progress under the No Child Left Behind Act of 2001,
20 U.S.C. §
6301 et seq., as it existed on July 1, 2009,
for three (3) or more consecutive years.
3.05 "Classroom Teacher" is an individual who
is required to hold a teaching license from the ADE and who is working directly
in instruction with students in a classroom setting for more than seventy
percent (70%) of the individual's contracted time; a guidance counselor; or a
librarian.
3.06 "Coordinated School
Health Coordinator" is an individual that coordinates the implementation or the
Coordinated School Health model components, facilitates the Wellness Priority
within the Arkansas Comprehensive School Improvement Plan (ACSIP) with a
minimum of a bachelor's degree (Master's preferred) in either the field of
education, nursing, health services administration, social services,
psychology/mental health services or nutrition. The coordinator will be in
addition to other school health staff or positions.
3.07 "Coordinated School Health" (CSH) is an
effective system designed to connect health (physical, mental/emotional and
social) with education. This coordinated approach improves students' health and
their capacity to learn through the support of families, communities and
schools working together. The CSH approach consists of eight major components.
Although these components are listed separately, it is their composite that
allows CSH to have significant impact. The eight components include: health
education, physical education/physical activity, health services, nutrition
services, health promotion for staff, counseling and psychological services,
healthy school environment, and student/parent/community involvement.
3.08 "English Language Learners (ELL)" are
students identified by the State Board as not proficient in the English
language based upon approved English proficiency assessment instruments, which
measure oral, reading, writing, speaking, listening proficiency, and
comprehension of English.
3.09
"Eligible ALE Student" is a student who meets the qualifications of Section
4.01, is in a program that meets the qualifications of Section 4.02, has been
enrolled in an eligible ALE for a minimum of twenty (20) consecutive days per
school year and meets the requirements outlined in Section 4.00.
3.10 "Excess National School Lunch State
Categorical Funds" are current year National School Lunch State Categorical
Funds remaining after a district has met the educational needs of students that
are to be used to supplement teacher salaries.
3.11 "Experienced-based Field Trip" A student
field trip which culminates an academic content unit directly tied to the
Arkansas Frameworks that includes research-based activities.
3.12 "Human Service Worker" shall collaborate
and provide information, resources, services, and referrals, to the district,
LEA, parents, and students in a variety of activities, trainings, and
assessments concerning the physical, mental/emotional, and social health of the
child.
3.13 "Licensed Mental Health
Counselor," or L.M.H.C, hold a master's degree from a graduate program in the
field. They may render mental health care services to individuals, families or
groups. L.M.H.C.s use therapeutic techniques to define goals and develop
treatment plans aimed toward prevention, treatment, and resolution of mental
and emotional dysfunction. Mental Health Professionals are licensed by the
specific state boards corresponding with their licensure (i.e., Board of
Examiners [LPCs, LACs], Board of Psychology [PhDs, LPEs), Social Work Licensing
Board [LCSW, LMSW, LSW], which also monitors professional conduct).
3.14 "NSLA" - National School Lunch
Act.
3.15 "National School Lunch
Students" are those students from low socioeconomic backgrounds as indicated by
eligibility for free or reduced-price meals under the federal NSLA as
determined on October 1 of each previous school year and submitted to the ADE,
unless the district participates in the federal NSLA Provision 2
Program.
3.16 "Open Enrollment
Public Charter School" is a public school operating under the terms of a
charter granted by the State Board and is a local educational agency under the
Elementary and Secondary Education Act of 1965,
20
U.S.C. §
7801, as it existed on April
10,2009.
3.17 "Previous Year" is
the school year immediately preceding the school year in which funds are
allocated.
3.18 "Professional
Development" is a coordinated set of professional development activities that
improve the knowledge of teachers, administrators, and paraprofessionals
concerning effective instructional strategies, methods, and skills for
improving teaching practices, and for all employees to improve knowledge,
awareness, and resources in physical/mental/emotional/social health-related
issues for the purpose of improving student academic achievement. Training
activities for school bus drivers may also be included.
3.18.1 Professional Development shall result
in individual school-wide and district-wide improvement designed to ensure that
all students demonstrate proficiency in the state academic standards.
3.18.2 Professional Development should be
based on research, and be standards-based and continuous.
3.19 "Provision 2 district" is a school
district participating in the federal National School Lunch Program under
42 U.S.C. §
1759a, as interpreted in
7
C.F.R. §
245.9.
3.20 "Provision 2 district base year (base
year)" means the last school year for which eligibility determinations were
made and meal counts were taken by type.
3.21 "Scholastic Audit" is a comprehensive
review of the learning environment, organization efficiency, and academic
performance of schools and districts.
3.22 "School District" or "District" is a
geographic area with an elected board of directors that qualifies as a taxing
unit for purposes of ad valorem property taxes under Title 26
of the Arkansas Code, and whose board conducts the daily affairs of public
schools pursuant to the supervisory authority vested in it by the General
Assembly and Title 6 of the Arkansas Code. For the purposes of these Rules, all
references to "school district" or "district" include open enrollment charter
schools.
3.23 "School Resource
Officer" (SRO) is a sworn law enforcement officer assigned to a school on a
long-term basis. The SRO is specifically trained in and performs three main
functions, law enforcement officer, law related counselor, and law related
educator. In addition the SRO works in collaboration with the school and the
community as a resource.
3.24
"School Year" is the year beginning July 1 of one calendar year and ending June
30 of the next calendar year.
3.25
"Students at Risk" are those students demonstrating an ongoing persistent lack
of attaining proficiency levels in literacy and mathematics.
3.26 "Social Workers" have an undergraduate
or graduate degree in social work or a related mental health field, and are
trained in psychotherapy and social work techniques. Family therapists and
employee assistance program counselors are often social workers. Social workers
who work in private agencies or independent practice must hold state licenses
from the Board of Registration of Social Workers. An L.C.S.W (Licensed
Certified Social Worker) or a L.S.W. (Licensed Social Worker) may practice in
an agency setting under proper supervision. Professional conduct is monitored
by the State of Arkansas Social Work Licensing Board.
3.27 "Supplement to Teacher Salaries" is the
use of excess National School Lunch State Categorical Funds to supplement
teacher salaries as either a bonus, as defined at 3.03, or to provide an amount
of compensation above the amount required by the minimum teacher salary
compensation schedule, as defined at Ark. Code Ann. §
6-17-2403.
3.28 "Technology" is any equipment for
instructional purposes that are electronic in nature including, but not limited
to, computer hardware, computer software, internet connectivity, and distance
learning.
4.00 Special Needs - Alternative Learning Environment (ALE)
4.01 Eligible ALE Students
4.01.1 An eligible ALE student shall exhibit
two (2) or more of the characteristics identified in Section 4.01.1.1 and
Section 4.01.1.2. Students will not be placed in the ALE based on academic
problems alone.
4.01.1.1 Students placed at
risk, though intelligent and capable, typically manifest one or more of the
following characteristics:
* Disruptive behavior
* Drop out from school
* Personal or family problems or situations
* Recurring absenteeism
* Transition to or from residential programs
Situations that negatively affect the student's academic and social progress may include, but are not limited to:
* Ongoing, persistent lack of attaining proficiency levels in literacy and mathematics
* Abuse: physical, mental, or sexual
* Frequent relocation of residency
* Homelessness
* Inadequate emotional support
* Mental/physical health problems
* Pregnancy
* Single parenting
4.02 Eligible ALE Programs
4.02.1 An eligible ALE program shall meet the
following guidelines:
4.02.1.1 Have students
taught by a currently licensed teacher. If course credit is granted, the
teacher must be highly qualified. Newly hired teachers in these designated
districts will have three years from the date of hire to become highly
qualified as required by the federal No Child Left Behind Act of
2001.
4.02.1.2 Have a
student/teacher ratio in grades Kindergarten through six (K-6) of no more than
ten (10) to one (1). If a paraprofessional is employed in addition to a
licensed supervisor, the student/teacher ratio shall be no more than twelve
(12) to one (1).
4.02.1.3 In a
middle school where the grade configuration includes grades five (5) and/or six
(6), the fifteen (15) to one (1) student/teacher ratio may be
utilized.
4.02.1.4 Have a
student/teacher ratio in grades seven through twelve (7-12) of no more than
fifteen (15) to one (1). If a paraprofessional is employed in addition to a
licensed supervisor, the student/teacher ratio shall be no more than eighteen
(18) to one (1).
4.02.1.5 Provide
each ALE student with access to the services of a school counselor or a mental
health professional, a nurse, and support services provided to other
students.
4.02.1.6 Coordinate the
ALE with state and federal student assistance programs.
4.02.1.7 Submit a description of the ALE in
the districts' Arkansas Comprehensive School Improvement Plan
(ACSIP).
4.02.1.8 Have an
Alternative Education Placement Team to determine student placement in the ALE.
This team shall include the referring school counselor, ALE administrator,
building principal, and LEA special education or 504 representative, if
applicable. A parent or legal guardian and the student's regular classroom
teacher(s) should be included in the student placement determination. The
school district shall document efforts of contacting the parent/guardian to
schedule a meeting or a phone call for a placement meeting at the
parent/guardian's convenience.
4.02.1.9 Maintain documentation of the
presence of the characteristics listed in the student's plan.
4.02.1.10 Provide that the ALE shall not be
punitive but should provide the guidance, counseling, and academic support to
enable students who are experiencing emotional, social or academic problems to
continue to make progress toward educational goals either in the traditional
educational system or the General Educational Development (GED)
Program.
4.02.1.11 Provide that
computer programs when used in the ALE setting will supplement teacher
instruction.
4.02.1.12 Develop an
agreement with the parent or guardian, teacher or ALE director, and student
outlining the responsibilities of the school, parent, and the student to
provide assurance that the plan for each student is successful.
4.02.1.13 Provide a curriculum including
mathematics, science, social studies, and language arts aligned with the
regular classroom instruction or with the standards for the tests of the
GED.
4.02.1.14 Develop exit
criteria on which to base a student's return to the regular program. A positive
behavior or transitional plan shall be in place prior to returning an ALE
student to the prior classroom placement.
4.02.1.15 Require ALE staff to meet the same
professional development requirements as other certified staff.
4.02.1.16 The ADE shall monitor ALEs as
required in compliance with Ark. Code Ann. § 6-18-509.
4.02.1.17 All districts within an agreed upon
consortium must submit the contract agreement to ADE by October 1 of each
school year.
4.02.1.18 All students
attending a consortium shall follow the lead district's school
calendar.
4.02.1.19 Meals provided
at remote ALE facilities shall follow the Arkansas Child Nutrition guidelines
or shall be approved by the Arkansas Department of Education's Child Nutrition
Section.
4.03
ALE Funding
4.03.1 The ALE funding amount
shall be the amount required by law times the district's eligible ALE students'
full time equivalent (FTE) in the previous school year as defined in these
Rules.
4.03.2 An ALE student shall
be counted as no more than one student for ALE funding purposes.
4.03.3 An eligible ALE student's FTEs shall
be determined by the number of hours taught in an eligible ALE each day divided
by 6 hours, times the number of days an eligible student attends the ALE, plus
the number of days absent, divided by the number of school days actually taught
in the school year.
4.03.3.1 Prior to the
2010-2011 school year, an ALE Student is a student who has been enrolled in an
eligible ALE for a minimum of twenty (20) days per school year.
4.03.3.2 Beginning with the 2010-2011 school
year, an ALE Student is a student who has been enrolled in an eligible ALE for
a minimum of twenty (20) consecutive days per school year.
4.03.3.3 Full Time Equivalent (FTE) ALE
Student is an ALE student who has at least six (6) hours per day of
student/teacher interaction time in the ALE, and attends the ALE for the entire
school year.
4.03.4 ALE
funding is restricted state aid.
4.03.5 ALE funding shall be spent on eligible
ALE programs identified in these Rules except as otherwise allowed by law or
rule.
4.03.6 ALE funding may be
carried over from one fiscal year to the next but these funds shall remain
restricted to the priority areas as defined in these Rules.
5.00 Special Needs - English Language Learners (ELL)
5.01 The ELL funding amount shall be the
amount required by law times the district's identified ELL students in the
current school year.
5.01.1 The number of
identified ELL students shall be a total of all students identified by the
State Board as not proficient in the English language based upon approved
English proficiency assessment instruments.
5.01.2 Documentation to be used for the
calculation of the number of identified ELL students must be submitted to the
ADE no later than November 30 of each school year.
5.01.3 An ELL student shall be counted as no
more than one student for ELL funding purposes.
5.02 School districts shall maintain
documentation of each student identified as an ELL.
5.03 For ELL funding purposes, State-approved
English proficiency assessment instruments include:
5.03.1 LAS (Language Assessment
Scales)
5.03.2 Maculaitis
Assessment of Competencies
5.03.3
English Language Development Assessment English Language Proficiency
Screener
5.04 ELL
funding shall be expended for eligible activities including, but not limited
to, the following:
5.04.1 Salaries for
ELL-skilled instructional services (not supplanting district financial
obligations for providing teachers for ELL students).
5.04.2 Funds for teacher training,
consultants, workshops, ELL course work including ADE sponsored training
programs.
5.04.3 Released-time for
ELL program development.
5.04.4
Selection and purchase of language-appropriate instructional and supplemental
(enrichment) materials for ELL students (including computer-assisted technology
and library materials).
5.04.5
Language and cultural skills training for school-based health service
providers, counseling service providers, and community liaison staff as needed
to serve ELL students.
5.04.6
Assessment activities, which include test administration, identification,
placement, and review of ELL student academic progress, as well as evaluation
activities to determine the effectiveness of the district's ELL
program.
5.04.7 Funds for the
implementation of supplemental instructional services for ELL
students.
5.05 ELL
funding may be carried over from one fiscal year to the next, but these funds
shall remain restricted to those priority areas defined in these
Rules.
5.06 A description of ELL
activities and funding shall be included in the district's ACSIP.
6.00 Special Needs - National School Lunch Act
6.01
National school lunch state categorical funding under Ark. Code Ann. §
6-20-2305(b) (4)
shall be based on the number of national school lunch students for the
immediately preceding school year determined under 3.15 of these Rules, divided
by the district's total enrolled students for the immediately preceding school
year. If the school district is a Provision 2 district, this funding is based
on the school district's percentage of national school lunch students submitted
in the base year, multiplied by the number of enrolled students for the
immediately preceding school year. For determination of the per student amount
of national school lunch state categorical funding, the percentage shall be
calculated to one tenth of one percent, and rounded up to the nearest whole
number from five tenths or down to the nearest whole number from less than five
tenths.
6.01.1 For school districts in which
ninety percent (90%) or greater of the previous school year's enrolled students
are national school lunch students, per student national school lunch state
categorical funding shall be the amount required by Ark. Code Ann. §
6-20-2305(b)(4)(A)(i).
6.01.2 For school districts in which less
than ninety percent (90%) but at least seventy percent (70%) of the previous
school year's enrolled students are national school lunch students, per student
national school lunch state categorical funding shall be the amount required by
Ark. Code Ann. §
6-20-2305(b)(4)(A)(ii).
6.01.3 For school districts in which less
than seventy percent (70%) of the previous school year's enrolled students are
national school lunch students, per student national school lunch state
categorical funding shall be the amount required by Ark. Code Ann. §
6-20-2305(b)(4)(A)(iii).
6.01.4 Districts must participate in the
federal NSLA Program to receive national school lunch state categorical
funding.
6.02 The
district percentage of NSLA eligible students shall be determined from the
Arkansas Public School Computer Network's Cycle 2 report for the previous
school year.
6.02.1 The Child Nutrition Unit
of the ADE shall verify the Cycle 2 report for accuracy.
6.02.2 Adjustments to the Cycle 2 report
shall be made by the ADE based on documentation provided by the school
district.
6.03 National
School Lunch State Growth Funding
6.03.1 The
ADE shall use the Cycle 2 enrollment data for the previous four years to
calculate a three-year trend in district enrollment.
6.03.2 If a district has grown at least one
percent for each of the three previous years, it shall qualify for National
School Lunch State Growth Funding.
6.03.3 Districts that qualify for funding
shall receive National School Lunch State Growth Funding.
6.03.4 The funding shall be calculated as the
three year average growth in enrollment multiplied by the district's previous
year's percentage of students eligible for the federal NSLA Program multiplied
by the per student funding amount determined in 6.01.
6.04 Transitional National School Lunch State
Funding Methods
6.04.1 Beginning with the
2009-2010 school year, if a school district receives, in the current school
year, national school lunch state categorical funding under Ark. Code Ann.
§
6-20-2305(b)(4)(A)
that is based on a different per student amount of national school lunch state
categorical funding than the school district received in the immediately
preceding school year, due to a percentage change in national school lunch
students, the ADE shall adjust the funding to the school district in a
transitional three-year period.
6.04.2 The amount of national school lunch
state categorical funding under Ark. Code Ann. §
6-20-2305(b)(4)(A)
shall be increased or decreased in each year of a three-year transition period
by one-third (1/3) of the difference between the amount of national school
lunch state categorical funding per student for the current year and the amount
of national school lunch state categorical funding per student for the
immediately preceding year, adjusted for changes to the funding rates in Ark.
Code Ann. §
6-20-2305(b)(4)(A).
6.04.3 The method of transition for a school
district that experiences a decrease in the amount of national school lunch
state categorical funding per student under Ark. Code Ann. §
6-20-2305(b)(4)(A)
is detailed using the following example of a decrease in national school lunch
state categorical funding per student from $1,488 in the immediately preceding
year to $992 in the current year:
For illustrative purposes:
* Year one (current year) of transition (decrease 1/3) -the transitioned amount of national school lunch state categorical funding per student is $1,322.67 ($1,488-$165.33).
* Year two of transition (decrease 1/3) -the transitioned amount of national school lunch state categorical funding per student is $1,157.34 ($1,322.67-$165.33).
* Year three (final year) of transition (decrease 1/3) - the transitioned amount of national school lunch state categorical funding per student is $992 ($1,157.34-$165.34).
6.04.4 The method of transition for a school
district that experiences an increase in the amount of national school lunch
state categorical funding per student under Ark. Code Ann. §
6-20-2305(b)(4)(A)
is detailed using the following example of an increase in national school lunch
state categorical funding per student from $992 in the immediately preceding
year to $1,488 in the current year:
For illustrative purposes:
* Year one (current year) of transition (increase 1/3) - the transitioned amount of national school lunch state categorical funding per student is $1,157.33 ($992+ $165.33).
* Year two of transition (increase 1/3) -the transitioned amount of national school lunch state categorical funding per student is $1,322.66 ($1,157.33+ $165.33).
* Year three (final year) of transition (increase 1/3) -the transitioned amount of national school lunch state categorical funding per student is $1,488 ($1,322.66 + $165.34).
6.04.5 The method of transition for a school
district that, within a three-year period, experiences both a decrease and an
increase in the amount of national school lunch state categorical funding per
student under Ark. Code Ann. §
6-20-2305(b)(4)(A)
is detailed using the following two examples:
6.04.5.1 In the first example, a school
district experiences an increase in national school lunch
state categorical funding per student from $992 in the immediately preceding
year to $1,488 in the current year, and a decrease to $992 in
the following year. In this instance, the transition is completed in two years
rather than three.
For illustrative purposes:
* Year one (current year) of transition (increase 1/3) - the transitioned amount of national school lunch state categorical funding per student is $1,157.33 ($992+ $165.33).
* Year two (final year) of transition (decrease 1/3) -the transitioned amount of national school lunch state categorical funding per student is $992 ($1,157.33-$165.33).
6.04.5.2 In the second example, a school
district experiences a decrease in national school lunch state categorical
funding per student from $992 in the immediately preceding year to $496 in the
current year, no change in the second year, and an increase to $992 in the
third year. In this instance, the transition is completed in four years rather
than three.
For illustrative purposes:
* Year one (current year) of transition (decrease 1/3) - the transitioned amount of national school lunch state categorical funding per student is $826.67 ($992-$165.33).
* Year two of transition (decrease 1/3) - the transitioned amount of national school lunch state categorical funding per student is $661.34 ($826.67-$165.33).
* Year three of transition (increase 1/3) - the transitioned amount of national school lunch state categorical funding per student is $826.67 ($661.34+ $165.33).
* Year four (final year) of transition (increase 1/3) - the transitioned amount of national school lunch state categorical funding per student is $992 ($826.67+ $165.33).
6.05 Each school district receiving national
school lunch state categorical funds shall provide a research-based program(s)
or purpose(s) for students scoring below proficiency in order to improve
instruction and increase academic achievement of those students. This does not
prohibit use of funds in performing schools to continue doing those strategies
that are sustaining that performance.
6.05.1
Effective July 1, 2010, chronically underperforming schools shall develop and
implement its ACSIP plan and shall use national school lunch state categorical
funding to include, but not limited to:
6.05.1.1 Use of an Arkansas Scholastic Audit
in school not meeting adequate yearly progress for three (3) or more
consecutive years of School Improvement.
6.05.1.2 Use disaggregated school data to set
academic targets in reading, writing, mathematics, and science.
6.05.1.3 Use improvement targets to define
professional development needs related to content, instruction,
differentiation, and best practices in educating student subgroups as
identified in need.
6.05.1.4
Develop interim building-level assessment to monitor student progress toward
proficiency on the state benchmark assessments.
6.05.1.5 Develop a plan to immediately
address gaps in learning.
6.05.1.6
Examine and realign, as needed, school scheduling, academic support systems,
and assignments of personnel to improve student achievement.
6.05.1.7 Design a plan for increasing
parental knowledge and skill to support academic objectives.
6.05.1.8 Evaluate the impact of the before
mentioned educational strategies on student achievement.
6.06 National school lunch state
categorical funding shall not be used to meet or satisfy the Arkansas Standards
for Accreditation required by Ark. Code Ann. §
6-15-201 et seq. the Arkansas
Minimum Teacher Salaries required by Ark. Code Ann. §
6-17-2403 except as otherwise
allowed herein this section.
6.06.1 National
school lunch state categorical funding shall not be used to augment, replace,
or supplement the mandatory requirements of the Arkansas Standards for
Accreditation required by Ark. Code Ann. §
6-15-201 et seq. unless the
expenditure is for the purposes outlined under Section 6.07 of these
Rules.
6.06.2 A district may use
national school lunch state categorical funds as a bonus or to supplement
salaries above the minimum salary schedule required by Ark. Code Ann. §
6-17-2403 provided the school
district is in compliance with and meets the eligibility provision of these
Rules.
6.06.3 School districts may
use national school lunch state categorical funds to pay the salaries of those
teachers which are used to reduce the pupil to teacher ratio below the mandates
required by the Arkansas Standards of Accreditation under the following
conditions:
6.06.3.1 In its ACSIP, the
district designates the specific teacher(s) used to reduce the pupil-to-teacher
ratios required by the Standards of Accreditation; explain how the district
will use national school lunch state categorical funds to only pay the salaries
of those class-size-reduction teachers or other teachers designated by the ADE
as bona fide national school lunch state categorical program or purpose
expenditures as allowed by Section 6.07 of these Rules; explains how the
district will use class-size-reduction teachers(s) pursuant to a recognized
published research-based program to specifically target an identified academic
deficiency or need of the district which aligns with and supports the
district's ACSIP;
6.06.3.2 Any
district which did not use national school lunch state categorical funds to
support the salaries of the class-size-reduction teachers by June 30 in the
2006-2007 school year is limited to using national school lunch state
categorical funds to support the salaries of only those class-size-reduction
teachers in kindergarten through the eighth (8th) grade of the school district
starting in the 2007-2008 school year and each school year thereafter, provided
the district submits a detailed written plan as required in § 6.06.3.1
which is approved by the ADE; and
6.06.3.3 Along with any request to expand or
increase the use of national school lunch state categorical funds to pay for or
support the salaries of class-size-reduction teachers from a previous school
year, the district shall submit a written justification showing how the funds
are being used to support an increased academic deficiency or need of the
district and is not an attempt to avoid or circumvent the general purpose of
reducing the amount of national school lunch state categorical funds used to
increase teacher salaries as required and mandated by Ark. Code Ann. §
6-20-2305.
6.06.3.4 National school lunch state
categorical funds to support the salaries of the class-size reduction teachers
shall only be used to reduce the pupil-to-teacher ratios required by the
Standards of Accreditation for each single grade level.
6.07 National school lunch state
categorical funding shall be expended for eligible program(s) or purpose(s)
that are research-based and aligned to the Arkansas Content Standards for
improving instruction and increasing achievement of students at risk of not
meeting challenging academic standards. These programs or purposes include:
6.07.1 Employing Literacy and/or Mathematics
and/or Science Specialists/Coaches (K-12) and/or instructional facilitators
that meet the following requirements:
6.07.1.1 The Specialists/Coaches and/or
instructional facilitators are educators who assist in curriculum alignment
with state curriculum documents; alignment of classroom assessment with
statewide exams; instructional strategies; professional development and
implementation of training; choosing standards-based instructional materials;
understanding of current research; advantageous arrangement of the
instructional day; and integrating technology into instruction.
6.07.1.2 Qualifications for
Specialists/Coaches (K-12 and/or Instructional Facilitators):
* At least four years of recent teaching experience in appropriate content areas within grades K-12
* Knowledge of Arkansas Curriculum Framework
* Knowledge of current research and effective practices in standards-based curriculum, instruction, and assessment
* Experience in adult learning situations and in team problem solving
* A bachelor's degree (a master's degree would be preferred)
* Or completion of the required two-year training and teaching components of the Teach for America Program
6.07.2 Providing research-based professional
development in the areas of literacy and/or mathematics and/or science in
grades Kindergarten through twelfth grade (K-12) as defined in the Arkansas
Department of Education Regulations Governing Attendance at Certified
Instructional Professional Development Sessions (Ark. Code Ann. §
6-17-702).
6.07.3 Employing highly qualified classroom
teachers in grades Kindergarten through twelfth grade (K-12) pursuant to the
restrictions set forth in Section 6.06 of this Rule.
6.07.4 Providing research-based before and
after-school academic programs, including transportation to and from the
programs.
6.07.5 Providing
research-based pre-kindergarten programs that meet the program standards as
outlined in the Rules Governing the Arkansas Better Chance program.
6.07.6 Employing Tutors:
6.07.6.1 Tutors must be able to demonstrate
competency (as determined locally) in each area where instruction is
provided.
6.07.6.2 Tutors must work
under the supervision of highly qualified classroom teachers.
6.07.7 Employing Teacher's Aides:
6.07.7.1 Teacher's aides must be highly
qualified.
6.07.7.2 Teacher's aides
must work under the direct supervision of highly qualified teachers.
6.07.8 Employing licensed
counselors and nurses above standard mandates.
6.07.9 Employing coordinated school health
coordinator
6.07.10 Employing human
service workers
6.07.11 Employing
licensed mental health counselors
6.07.12 Employing licensed certified social
workers or licensed social workers
6.07.13 Employing Curriculum Specialists:
6.07.13.1 The Curriculum Specialists shall
meet current licensure requirements that are outlined in the Rules Governing
Initial and Standard Administrator Licensure.
6.07.14 Employing School Resource Officers
(SRO) whose job duties include research-based methods and strategies tied to
improving achievement of students at risk.
6.07.15 Providing experience-based field
trips
6.07.16 Providing parent
education that addresses the whole child.
6.07.17 Providing summer programs that
implement research-based methods and strategies.
6.07.18 Providing early intervention
programs:
6.07.18.1 Early intervention means
short-term, intensive, focused, individualized instruction developed from
ongoing, daily, systematic diagnosis that occurs while a child is beginning in
the initial, kindergarten through grade one (K-1), stages of learning social
skills, early reading, writing, and mathematical strategies to ensure
acquisition of the basic skills and to prevent the child from developing poor
behavior and problem-solving habits which become difficult to change.
6.07.19 Obtaining materials,
supplies, and equipment, including technology, used in approved instructional
programs or for approved purposes. The approved programs and or purposes
support the local educational agency's ACSIP.
6.07.20 Other activities approved by the ADE
that will further the purposes of this Section. Such activities include, but
are not limited to, research-based activities and activities directed at
chronically under-performing schools.
6.08 Use of national school lunch state
categorical funds shall be included within the school and/or school district's
ACSIP. The ACSIP will include how the funds will be spent, the person(s)
responsible, a timeline, and budget.
6.08.1
The district shall evaluate programs supported by national school lunch state
categorical funds annually to ensure that the programs are providing
intervention/prevention services designed to increase student
achievement.
6.08.2 The district
shall maintain documentation that supports gains in student achievement as
measured by the state assessment system.
6.09 National school lunch state categorical
funding may be carried over from one fiscal year to the next, but these funds
shall remain restricted to priority areas as defined in these Rules or
law.
6.10 National school lunch
state categorical funding is restricted state aid, except as otherwise allowed
by law or Rule.
6.11 Use of excess
national school lunch state categorical funds to supplement teacher salaries
6.11.1 School districts that have met the
needs of students for whom the national school lunch state categorical funds
are provided, and that have excess national school lunch state categorical
funds, may request to use the excess national school lunch state categorical
funds to supplement teacher salaries under the following conditions:
6.11.1.1 The school district shall not use
any portion of the national school lunch state categorical funds that are carry
forward or reserve funds as a supplement to classroom teacher
salaries;
6.11.1.2 The school
district is meeting the minimum teacher salary schedule under Ark. Code Ann.
§
6-17-2403 without using national
school lunch state categorical funds;
6.11.1.3 The school district is in full
compliance with the rules and laws governing the Standards for Accreditation of
Arkansas Public Schools under Ark. Code Ann. §
6-15-201 et seq. and the rules and
laws governing the Arkansas Fiscal and Accountability Program under Ark. Code
Ann. §
6-20-1901 et seq. without using
current year, carry forward or reserve national school lunch state categorical
funds.
6.11.1.4 The school district
shall not allocate or use any excess national school lunch state categorical
funds in any manner except to supplement teacher salaries, unless in accordance
with the transfer provisions stated in section 8.00 of this rule.
6.11.1.5 Excess national school lunch state
categorical funds used as a bonus to supplement teacher salaries shall not be
considered a permanent obligation under the school district's teacher salary
schedule.
6.11.1.6 The school
district will include the amount and uses of excess national school lunch state
categorical funds in its ACSIP.
6.11.1.7 The district has met or is meeting
the adequate educational needs of students.
6.11.1.8 The district has prudently managed
its resources
6.11.1.9 The district
has met all requirements of Section 6.11 of this Rule
6.11.1.10 If the district used excess
national school lunch state categorical funds in the prior year to supplement
teacher salaries, the district has submitted the required report on prior year
expenditures as required by Section 6.11.5.
6.11.1.11 The district has submitted the
portion of its ACSIP that described the uses of national school lunch state
categorical funds.
6.11.1.12 The
district has complied with the mandatory 20% reduction of actual amount of
prior year national school lunch state categorical funds used to supplement
teacher salaries above the minimum teacher salary schedule until the district
has no more than 20% of the total of current year national school lunch state
categorical funds used as a supplement to teacher salaries above the minimum
teacher salary schedule.
6.11.2 A school district requesting to use
excess national school lunch state categorical funds as a supplement to the
minimum teacher salary schedule under Ark. Code Ann. §
6-17-2403 shall provide the
following information to the Commissioner of Education, or designee, by
February 15 of the school year for which approval is requested:
6.11.2.1 A statement of assurance attesting
to compliance with sections 6.11.1 of these Rules
6.11.2.2 The actual amount of excess national
school lunch state categorical funds used to supplement salaries above the
required minimum salary schedule in the previous school year, the actual amount
of total national school lunch state categorical funds received in the previous
school year, and the actual percentage of national school lunch state
categorical funds used as a supplement above the required minimum salary
schedule to total national school state categorical funds received.
6.11.2.3 The budgeted amount of excess
national school lunch state categorical funds used to supplement salaries above
the required minimum salary schedule in the current school year, the budgeted
amount of total national school lunch state categorical funds received in the
current school year, and the calculated percentage of national school lunch
state categorical funds used as a supplement above the required minimum salary
schedule to total national school lunch state categorical funds received in the
current year.
6.11.2.4 If the
percent of excess national school lunch state categorical funds used as a
supplement above the required minimum salary schedule to total national school
lunch state categorical funds received is greater than twenty percent (20%),
the district shall reduce by twenty percent (20%) the actual amount of prior
year national school lunch state categorical funds used to supplement teacher
salaries above the minimum teacher salary schedule until the district has no
more than twenty percent (20%) of the total of current year national school
lunch state categorical funds used as a supplement to teacher salaries above
the minimum teacher salary schedule.
6.11.2.5 No school district shall use
national school lunch state categorical funds to supplement salaries above the
required minimum salary schedule without first obtaining the express written
approval of the Commissioner of Education of his/her designee.
6.11.3 A school district
requesting to use excess national school lunch state categorical funds as a
supplement in the form of a bonus, shall provide the following information to
the Commissioner of Education, or designee, by February 15 of the school year
for which approval is requested.
6.11.3.1 A
statement of assurance attesting to compliance with sections 6.11.1 of this
Rule
6.11.3.2 The information
required in Section 6.11.2, and any other information requested by the
ADE,
6.11.3.3 The amount of funds
to be used as a bonus.
6.11.3.4 The
total amount of national school lunch state categorical funds the district will
receive in that year.
6.11.3.5 In
response to the district's request, the Commissioner shall evaluate the
district's test scores against the state averages as one indicator of how the
district has met the educational needs of students. Tests may include, but not
be limited to, grades three (3) through eight (8) state required benchmark
exams in math and literacy and state required end-of-course exams for algebra,
biology, geometry, and literacy.
6.11.3.6 As additional assessment data
becomes available, it may also be included in the Commissioner's
review
6.11.3.7 No school district
shall use national school lunch state categorical funds as a bonus without
first obtaining the express written approval of the Commissioner of Education
or his/her designee.
6.11.4 Upon review of the information
required in Section 6.11.2, 6.11.3, and any other information requested by the
ADE, if the Commissioner of Education, or designee, determines the school
district has met the needs of students, has prudently managed its resources,
and has complied with these Rules and the law, the Commissioner shall give
written approval of the use of excess national school lunch state categorical
funds to supplement teacher salaries.
6.11.4.1 Such approval is limited to one
school year.
6.11.5 By
September 15 of each school year, any school district that received written
approval to use national school lunch state categorical funds as a supplement
to teacher salaries in the previous school year shall issue a written report to
the Commissioner of Education listing:
6.11.5.1 Each program upon which national
school lunch state categorical funds were expended.
6.11.5.2 The actual amount of national school
lunch state categorical funds expended on each program.
6.11.5.3 Information required in Section
6.11.2 and 6.11.3, and any other information requested by the ADE.
6.11.6 Upon review, at any time
during a school year, of a school district's Arkansas Comprehensive School
Improvement Plan, those reports and information required by these Rules, test
or financial data or other indicators of a school district, if the Commissioner
of Education or his/her designee determines a school district has not met the
needs of students that may be served by national school lunch state categorical
funds, has provided false or misleading information or has failed to comply
with the provisions of the district's submitted plans without obtaining ADE
approval to change the submitted plans required by this rule, the Commissioner
of Education may require that any and all national school lunch state
categorical funds dedicated for use or application as a bonus shall be removed
from and not used as a bonus and may require the school district to redirect
the national school lunch state categorical funds to meet other educational
needs of the students of that district.
6.11.7 Only those school districts which
previously used or applied excess national school lunch state categorical funds
to supplement the teacher salary schedule for all classroom teachers in the
district as part of a salary obligation may continue to use national school
lunch state categorical funds as a salary obligation to the extent the district
has received approval from the Commissioner of Education under Section 6.12 and
the district is in full compliance with these Rules.
7.00 Special Needs - Professional Development
7.01
The Professional Development funding amount shall be an amount up to the amount
required by law times the district's ADM of the previous school year.
7.02 Professional Development funding shall
be expended for approved programs and purposes identified in the Rules
Governing Professional Development and employing literacy, mathematics, or
science coaches as described in these Rules.
7.03 Districts may expend state Professional
Development funding to provide the requisite hours of professional development
required by Rule or law.
7.04
Professional Development funding is restricted state aid. Professional
Development funding shall be spent on activities identified in these Rules,
except as otherwise allowed by law or Rule.
7.05 Professional Development funding may be
carried over from one fiscal year to the next, but these funds shall remain
restricted to priority areas as defined in these Rules.
7.06 Professional Development activities and
funding shall be included in the district's ACSIP.
8.00 Financial Accounting for Special Needs State Funding for ALE, ELL, National School Lunch Students, and Professional Development
8.01 After
having provided programs designed to meet the needs of students in the
respective categorical funding areas, a school district may transfer and expend
funds on any of the special needs categories allowed for in these
Rules.
8.02 Special needs state
funding of ALE, ELL, National School Lunch students, and Professional
Development may be used for any of the expenditures identified in these
Rules.
8.03 Districts shall report
the funds received under each special needs state funding category.
8.04 Districts shall report the expenditures
of all special needs state funds as required by law, including, but not limited
to, fund balances remaining on June 30 of each year.
8.05 The funds received, transferred,
expended, and/or carried over shall balance.
8.06 If the ADE determines that a district
would lose any federal funding due to these explicated expenditure
requirements, the special needs state funds may be expended for other academic
programs or salaries, as permitted by the ADE.
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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