Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 23 - Legal Services ***
Rule 005.23.16-003 - Rules Governing Distance and Digital Learning
Universal Citation: AR Admin Rules 005.23.16-003
Current through Register Vol. 49, No. 9, September, 2024
1.00 Purpose
1.01 The purpose of these Rules is to set
reasonable guidelines for the coordination and implementation of learning where
the teacher and student are separated by place and to provide guidance for the
implementation of digital learning environments that offer student-centered,
personalized, and flexible learning options.
1.02 These Rules are intended to ensure that
distance learning is available to every Arkansas student who wishes to
participate, to improve content and course offerings available to
students-including Advanced Placement courses or other academic courses not
otherwise available-and encourage innovation in education, and to prepare
students for participation in the information age economy.
1.03 In order to ensure proper
implementation, the Arkansas Department of Education shall work with other
state agencies involved in distance and digital learning to implement distance
and digital learning throughout the state.
2.00 Authority
2.01 The Arkansas State Board of Education's
authority for promulgating these Rules is pursuant to Ark. Code Ann.
§§
6-11-105,
6-16-1401
et seq.,
6-47-201
et seq.,
and 25-15-201
et
seq., and Act 1159 of 2015.
3.00 Definitions
3.01 "Adult Facilitator" is the person
responsible for supervising and assisting the students at a brick-and-mortar
location. The adult facilitator must be an adult approved by the school
district or open-enrollment public charter school.
3.02 "Blended Learning" is education in which
instruction and content are delivered through supervised instruction in a
classroom and online delivery of instruction with some element of student
control over time, place, path, or pace.
3.03 "Department" is the Arkansas Department
of Education.
3.04 "Digital
Learning" is a digital technology or internet-based educational delivery model
that does not rely exclusively on compressed interactive video. Digital
learning may be a type of distance learning.
3.05 "Digital Learning Provider" is an agency
or entity approved by the Arkansas Department of Education pursuant to these
rules that provide digital learning courses to public schools.
3.06 "Distance Learning" is an interactive
telecommunications system that utilizes information technology and/or audio,
video, and similar technological elements, is compatible with other distance
learning networks, and is used for the purpose of enhancing instructional
opportunities in Arkansas public schools. Distance learning may or may not
utilize digital learning.
3.07
"Infrastructure" is an interlinked system of wires, cables, fiber optics, or
other wireline or wireless communications media.
3.08 "Public School Student Accessing Courses
at a Distance" is a student who attends all classes virtually through a public
school district or open-enrollment public charter school.
3.09 "Supplemental Instruction" is
instruction used to reinforce or enrich a course or to provide the student an
educational opportunity outside of the normal course structure.
3.10 "Teacher of Record" is the appropriately
licensed or approved educator responsible for:
3.10.1 Ensuring the course content is aligned
with the appropriate Arkansas Curriculum Framework or similar course outline
approved by the Arkansas Department of Education or the Arkansas Department of
Career Education;
3.10.2 Providing
direct instruction as necessary; and
3.10.3 Assigning a grade or completion status
for the course.
3.10.4 The Teacher
of Record shall be responsible for supervising the administration of student
assessments or ensuring, through a designee, that appropriate supervision of
administration of student assessments is provided.
3.10.5 A Teacher of Record can be either an
employee of a school district or open-enrollment public charter school or an
employee of a digital learning provider.
3.11 "Technology" is any equipment for
instructional purposes that is electronic in nature including, but not limited
to, computer hardware, computer software, and internet
connectivity.
4.00 Distance Learning Coordinating Council
4.01 The purpose of the Distance Learning
Coordinating Council is to evaluate distance learning activities for
kindergarten through grade twelve (K-12) education across the State of Arkansas
and to determine whether distance learning activities are being fully utilized
through a collaborative process that maximizes the utilization of the state's
technical and educational resources.
4.02 The Distance Learning Coordinating
Council consists of the following members:
4.02.1 One (1) member who is an employee of
the Department of Education appointed by the Commissioner;
4.02.2 One (1) member who is an employee of
the Arkansas Educational Television Network appointed by the Director of the
Educational Television Division of the Department of Education;
4.02.3 One (1) member who is an employee of
the Arkansas School for Mathematics, Sciences and the Arts appointed by the
Director of the Arkansas School for Mathematics, Sciences, and the
Arts;
4.02.4 One (1) member who is
an employee of the Department of Information Systems appointed by the Director
of the Department of Information Systems;
4.02.5 One (1) member who is an employee of
the Division of Science and Technology of the Arkansas Economic Development
Commission appointed by the Executive Director of the Arkansas Economic
Development Commission;
4.02.6 One
(1) member who is an employee of the Department of Career Education appointed
by the Director of the Department of Career Education;
4.02.7 One (1) member who is employed by the
Department of Higher Education appointed by the Director of the Department of
Higher Education;
4.02.8 One (1)
member who is an employee of the Arkansas State Library appointed by the State
Librarian;
4.02.9 One (1) member
who is an employee of an education service cooperative appointed by the
Governor subject to confirmation of the Senate;
4.02.9.1 The Governor shall consult the State
Board of Education before making an appointment under Section 4.02.9.
4.02.10 One (1) member who is
actively engaged in distance learning activities for grades kindergarten
through twelve (K-12) education appointed by the Governor from the state at
large;
4.02.11 Two (2) members who
are employed by telecommunications companies that are members of the Arkansas
Telecommunications Association and appointed as follows:
4.02.11.1 One (1) member shall be employed by
a telecommunications company with more than seventy-five thousand (75,000)
access lines and shall be appointed by the Governor and appointed subject to
confirmation of the Senate; and
4.02.11.2 One (1) member shall be employed by
a telecommunications company with less than seventy-five thousand (75,000)
access lines and shall be appointed by the Governor and appointed subject to
confirmation of the Senate; and
4.02.11.3 The Governor shall consult the
Arkansas Telecommunications Association before making an appointment under this
subsection.
4.02.12
Members added by the Commissioner to the Distance Learning Coordinating Council
to represent other entities that are associated with grades kindergarten
through twelve (K-12) distance learning.
4.03 Members shall serve three-year terms and
are eligible for reappointment.
4.03.1 If a
vacancy occurs in an appointed position for any reason, the vacancy shall be
filled in the same manner as the original appointment.
4.03.2 The members of the Distance Learning
Coordinating Council shall meet and organize immediately after their
appointment and shall elect a chair, a vice chair, and a secretary-treasurer
from the membership of the Distance Learning Coordinating Council.
4.03.3 The Distance Learning Coordinating
Council shall meet at least quarterly.
4.03.4 Staff support shall be provided by
appropriate personnel from the Department of Education, the Department of
Career Education, the Department of Higher Education, the Division of Public
School Academic Facilities and Transportation, the Division of Public School
Accountability, and the state's public institutions of higher education with
the assistance of any appropriate staff of the other agencies whose directors
serve on the Distance Learning Coordinating Council.
4.03.5 Non-state employee members shall serve
without compensation but may receive expense reimbursement in accordance with
Ark. Code Ann. §
25-16-902.
4.04 The Distance Learning Coordinating
Council shall make recommendations at least annually to the Department of
Education, the Division of Public School Academic Facilities and
Transportation, the Division of Public School Accountability, the House
Committee on Education, and the Senate Committee on Education with regard to
the following:
4.04.1 Distance learning
standards and rules;
4.04.2 Online
distance learning curriculum;
4.04.3 Supplemental distance learning course
material;
4.04.4 Coordination of
distance learning services;
4.04.5
Methods for fostering collaborative processes by which distance learning
content can be shared more effectively with and delivered to public
schools;
4.04.6 Strategies for
reducing the occurrences of isolated distance learning activities;
4.04.7 Options for spreading distance
learning costs and increasing the value of shared distance learning services;
and
4.04.8 Improving utilization of
distance learning resources.
5.00 Arkansas Distance Learning Development Program
5.01 The Arkansas
Distance Learning Development Program shall be conducted by the Department of
Education and administered through the Commissioner.
5.02 The Arkansas Distance Learning
Development Program shall have four (4) focus areas:
5.02.1 To help alleviate the increasing
shortage of available qualified teachers;
5.02.2 To provide additional
course-scheduling opportunities for students;
5.02.3 To provide an opportunity for students
to access an enriched curriculum and additional courses beyond those mandated
by the Standards for Accreditation of Arkansas Public Schools and School
Districts; and
5.02.4 To develop
and make available online professional development and instructional resources
for all teachers and administrators.
5.03 The funding necessary to carry out the
provisions of Section 5.00 may be derived from donations, grants or legislative
appropriation.
5.03.1 The Commissioner may
solicit and receive donations and grants for the purpose of administering the
Arkansas Distance Learning Development Program.
5.03.2 All donations, grants, and
appropriations received shall be accounted for by the Department.
5.03.3 Fund balances may be carried over from
one year to the next to continue the Arkansas Distance Learning Development
Program.
5.04 The
Commissioner shall review the implementation of the Arkansas Distance Learning
Development Program annually and make recommendations to the State Board of
Education regarding the number and amount of awards to ensure that the purpose
of the Arkansas Distance Learning Development Program is achieved.
5.05 The Commissioner may enter into
contracts or provide grants to local education agencies, education service
cooperatives, or other entities for personnel, facilities, and services
necessary to implement the Arkansas Distance Learning Development
Program.
5.06 Students taking
courses through the Arkansas Distance Learning Development Program shall be
considered entitled to any public education credits and grades assigned through
the Arkansas Distance Learning Development Program and those credits and grades
shall be accepted by all public schools in the State of
Arkansas.
6.00 Distance Learning Grants
6.01 The
following grant standards are hereby developed to provide grants to education
service cooperatives for acquiring equipment and receiving telecommunications
services necessary for each school district to have distance learning
availability.
6.02 The grants shall
be used to assist school districts that do not have distance learning
capabilities and to assist school districts in upgrading existing distance
learning capabilities.
6.03 The
grants shall also be used by the education service cooperatives to provide
technical assistance to the school districts in implementing and maintaining
distance learning as an educational tool.
6.04 Each school district shall have adequate
connectivity to provide quality of service for distance learning.
6.05 Distance learning technical protocols
shall be in alignment with technical standards set by the Director of the
Department of Information Systems.
6.06 Education service cooperatives and
school districts shall coordinate with the Department to seek to obtain the
benefits of the Federal Communications Commission's E-Rate discount
program.
7.00 Requirements for the Administration of Distance Learning in Elementary and Secondary Schools
Note: These rules provide minimum distance learning educational supervision requirements only and are not designed to replace legal or other student supervision responsibilities schools have to properly protect and supervise students.
7.01 Courses
offered through distance learning shall include, without limitation:
7.01.1 College preparatory courses,
including, without limitation, calculus, physics, Arkansas history, foreign
languages, and computer science; and
7.01.2 Technological courses, including,
without limitation, advanced math and science courses, advanced computer skills
courses, and advanced courses in the arts.
7.02 Any distance learning course must be
approved by the Department of Education or by the Department of Career
Education before the course is offered or taught by any public school district
or open-enrollment public charter school unless:
7.02.1 The distance learning course content
is aligned with the appropriate content standards and curriculum frameworks
developed and approved by the State Board of Education or Department of Career
Education; or
7.02.2 The course is
not offered for credit.
7.03 All distance learning courses shall have
an appropriately licensed or approved primary instructor.
7.04 Each receiving site shall have an adult
facilitator to:
7.04.1 Supervise any
instructional activity where students meet as a group; and
7.04.2 Administer all student achievement
assessments used to determine a student's final grade.
7.05 Student achievement assessments shall be
designed to assess the degree to which a student masters the approved content
standards and curriculum framework for the distance learning course.
7.05.1 Documentation of student achievement
assessments shall be maintained and shall be available for review at the
receiving site for a minimum of five (5) years after the final grade for the
student has been issued. Documentation shall include the assessment questions,
student responses, and the grade for each student assessment and grading
period.
7.06 Distance
learning that is purely supplemental instruction shall be considered an
enhancement to the teacher's regular instruction and shall not be subject to
the restrictive provisions of these rules. This includes any incorporation of
digital resources that does not provide the student some element of control
over time, place, path, and/or pace in the delivery.
7.07 Distance learning courses shall be
considered large group instruction courses for the purposes of the Standards
for Accreditation of Arkansas Public Schools and School Districts.
7.08 Any public school district or
open-enrollment public charter school offering distance learning courses shall
abide by the policies adopted by the distance learning provider or supplier of
courses in such a way that students taking distance learning courses are able
to participate in the courses without falling outside of established attendance
policies.
7.09 Attendance in
distance learning courses shall be determined by the online attendance and time
the student is working on the course as monitored by the school district or
open-enrollment public charter school to ensure the student progresses toward
credit attainment for the course.
8.00 Participation in Distance Learning Courses
8.01 A public school
district or open-enrollment public charter school may offer and teach distance
learning courses to a student enrolled in a private school or a home school if:
8.01.1 The student resides in the public
school district where the public school or open-enrollment public charter
school is located;
8.01.2 The
student agrees to physically attend the public school or open-enrollment public
charter school for the purposes of taking state tests and assessments required
for the particular course or courses taken by the student;
8.01.2.1 Section 8.01.2 shall not be
construed to require a home-schooled student or private school student to take
any test or assessment not specifically required for completion of the course
for which the student is enrolled.
8.01.3 The distance learning course is
approved by the Department of Education, or is aligned with the appropriate
content standards and curriculum frameworks developed and approved by the State
Board of Education or Department of Career Education.
8.02 A public school district or
open-enrollment public charter school that teaches or offers a distance
learning course to one (1) or more home-schooled or private school students who
meet the conditions of 8.01 shall be entitled to an amount equal to one-sixth
(1/6) of the state foundation funding amount for each course taught to a
private school student or home-schooled student.
8.03 A public school district or
open-enrollment public charter school shall not be entitled to more than the
equivalent of state foundation funding for one (1) average daily membership per
student regardless of the number of distance learning courses received by a
particular home-schooled or private school student.
8.04 A student may take all courses virtually
through a public school district or open-enrollment public charter school.
8.04.1 Once a student who formerly was
home-schooled or attended a private school accesses all courses virtually
through a public school district or open-enrollment public charter school, the
student is a public school student accessing courses at a distance.
8.04.1.1 All laws pertaining to public school
students shall pertain to a public school student accessing courses at a
distance.
9.00 Digital Learning Environment
9.01 A digital learning
environment shall be composed of:
9.01.1
Access to quality digital learning content and online blended learning
courses;
9.01.2 Tailored digital
content designed to meet the needs of each student;
9.01.2 Digital learning content that meets or
exceeds the curriculum standards and requirements adopted by the State Board of
Education that is capable of being assessed and measured through standardized
tests or local assessments; and
9.01.3 Infrastructure that is sufficient to
handle and facilitate a quality digital learning environment.
10.00 Digital Learning Providers
10.01 To become an
approved digital learning provider a digital learning provider shall submit
proof that the provider:
10.01.1 Is
nonsectarian and nondiscriminatory in its programs, employment practices, and
operations;
10.01.2 Demonstrates or
partners with an organization that demonstrates successful experience in
furnishing digital learning courses to public school students as demonstrated
by student growth in each subject area and grade level for which it proposes to
provide digital learning courses; and
10.01.3 Provides digital learning services
that meet or exceed the minimum curriculum standards and requirements
established by the State Board of Education and ensures instructional and
curricular quality through a curriculum and accountability plan that addresses
every subject area and grade level for which it agrees to provide digital
learning courses.
10.02
The Department of Education or State Board of Education shall not require as a
condition of approval of a digital learning provider that the digital learning
provider limit the delivery of digital learning courses to public schools that
require physical attendance at the public school to successfully complete the
credit for which the digital learning course is provided.
10.03 To become an approved digital learning
provider in Arkansas, a prospective digital learning provider shall complete
the application found at Attachment 1 to these rules and provide the completed
application to:
ATTN: Digital Learning Provider Applications
Arkansas Department of Education
Division of Learning Services
Four Capitol Mall
Little Rock, AR 72201
The Arkansas Department of Education is authorized to create an electronic version of the application found at Attachment 1.
10.04 Public school districts and
open-enrollment public charter schools that provide digital learning courses to
their own students without the assistance of an external digital learning
provider are not required to seek approval as a digital learning provider
pursuant to these rules.
10.05
Public school districts and open-enrollment public charter schools that provide
digital learning courses to students other than their own students without the
assistance of an external digital learning provider are required to seek
approval as digital learning providers pursuant to these rules.
10.06 Digital learning services may be
procured from both in-state and out-of-state digital learning
providers.
10.07 The Arkansas
Department of Education shall annually:
10.07.1 Publish a list of approved digital
learning providers that offer digital learning services; and
10.07.2 Provide a copy of the list of
approved digital learning providers to the House Committee on Education and the
Senate Committee on Education no later than June 1 of each year.
11.00 Digital Learning Courses
11.01 All public
school districts and open-enrollment public charter schools shall provide at
least one (1) digital learning course to their students as either a primary or
supplementary method of instruction.
11.02 All digital learning courses provided
by public school districts and open-enrollment public charter schools shall:
11.02.1 Be of high quality;
11.02.2 Meet or exceed the curriculum
standards and requirements established by the State Board of Education;
and
11.02.3 Be made available in a
blended learning, online-based, or other technology-based format tailored to
meet the needs of each participating student.
11.03 Digital learning courses shall be
capable of being assessed and measured through standardized tests or local
assessments.
11.04 Each high school
student shall be required to take at least one (1) digital learning course for
credit to graduate.
11.05 The State
Board of Education shall not limit the number of digital learning courses for
which a student may receive credit through a public school district or
open-enrollment public charter school and shall ensure that digital learning
courses may be used as both primary and secondary methods of
instruction.
11.06 A public school
district or open-enrollment public charter school that offers a digital
learning course through an approved digital learning provider shall ensure that
each digital learning course offered has been approved by the Department.
11.06.1 It is not necessary for a public
school district or open-enrollment public charter school to seek approval from
the Department for courses that have previously been approved by the
Department.
11.06.2 For courses not
previously approved by the Department, a public school district or
open-enrollment public charter school that offers a digital learning course
through an approved digital learning provider shall obtain approval for the
course from the Department prior to offering the course to students. A public
school district or open-enrollment public charter school may seek course
approval by contacting the following office:
ATTN: Digital Learning Course Approvals
Arkansas Department of Education
Division of Learning Services
Four Capitol Mall
Little Rock, AR 72201
ATTACHMENT 1
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