Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 23 - Legal Services ***
Rule 005.23.16-011 - Arkansas Department of Education Rules Governing the Distribution of Student Special Needs Funding and the Determination of Allowable Expenditures of Those Funds
Universal Citation: AR Admin Rules 005.23.16-011
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. §§
6-11-101
et seq.,
6-15-401
et seq.,
6-15-2101
et seq.,
6-15-2201
et seq.,
6-20-401
et seq.,
6-20-2301
et seq.,
and 6-48-101
et seq.,
and Acts 841, 846, 994, and 1115 of 2015.
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
3.01 "Alternative Learning Environment (ALE)"
is a student intervention program consisting of an alternate class or program
within a public school or school district that:
3.01.1 Affords all students an environment
that seeks to eliminate traditional barriers to learning for students whose
academic and social progress are negatively affected by the student's personal
characteristics or situation; and
3.01.2 Is not a punitive environment but is
one that is conducive to learning.
3.01.3 For determination of funding only, an
ALE is not a separate school even if the Arkansas Department of Education
(Department) assigns the ALE a separate local education agency
number.
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 who 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;
3.02.2.5 Students who reside within the
boundaries of the school district but due to geographic barriers attend school
out-of-state under a tuition agreement, even if they are not 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; or
3.02.2.6 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 Arkansas Department of
Education 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 "Community Eligibility Provision (CEP)
District" is a school district that is identified by the Arkansas Department of
Education (Department) as participating in the special assistance certification
and reimbursement alternative implemented under
42 U.S.C. §
1759(a).
3.07 "Community Eligibility Provision (CEP)
District Base Year (Base Year)" is the last school year for which individual
student free or reduced-price meal eligibility determinations were
made.
3.08 "Coordinated School
Health Coordinator" is an individual that coordinates the implementation of the
Coordinated School Health model components, facilitates the Wellness Priority
within the Arkansas Comprehensive School Improvement Plan (ACSIP), and has a
minimum of a bachelor's degree (master's degree preferred) in 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.
3.09 "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.
3.10 "Department" or "ADE" is the Arkansas
Department of Education.
3.11
"English Language Learners (ELL)" are students identified as not proficient in
the English language based upon approved English proficiency assessment
instruments, which measure proficiency in and comprehension of English in
reading, writing, speaking, and listening.
3.12 "Eligible Alternative Learning
Environment (ALE)" is an Alternative Learning Environment (ALE) approved by the
Department pursuant to Section 4.05 below as being in compliance with Ark. Code
Ann. §
6-48-101
et seq.
and these Rules.
3.13 "Eligible ALE
Student" is a student who:
3.13.1 Meets the
qualifications of Section 4.02;
3.13.2 Is enrolled in an eligible ALE
program; and
3.13.3 Has been
enrolled in an eligible ALE for a minimum of twenty (20) consecutive days per
school year except as provided in Section 4.06.3.3.
3.14 "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,
which are to be used to supplement teacher salaries.
3.15 "Experience-based Field Trip" is a
student field trip which culminates an academic content unit directly tied to
the Arkansas Frameworks that includes research-based activities.
3.16 "General Description" includes needs
assessment/process results, descriptions of positions, programs, other
expenditures, and program evaluation.
3.17 "Human Service Worker" is someone who
shall collaborate and provide information, resources, services, and referrals,
to the district, local education agency, parents, and students in a variety of
activities, trainings, and assessments concerning the physical,
mental/emotional, and social health of the child.
3.18 "Intervention Services" are activities
within or outside a school that will eliminate traditional barriers to
learning.
3.19 "Licensed Mental
Health Counselor (LMHC)" is someone who holds a master's degree from a graduate
program in the field of Licensed Mental Health Counseling. They may render
mental health care services to individuals, families, or groups. LMHCs 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 [LPC, LAC], Board
of Psychology [PhD, LPE), Social Work Licensing Board [LCSW, LMSW, LSW], which
also monitors professional conduct).
3.20 "NSLA" is the National School Lunch
Act.
3.21 "National School Lunch
Students" are those students from low socioeconomic backgrounds as indicated by
eligibility for free or reduced-price meals under the United States Department
of Agriculture's National School Lunch Program as determined on October 1 of
each previous school year and submitted to the Department, unless the district
is a Provision 2 district or a Community Eligibility Provision (CEP)
district.
3.22 "Open Enrollment
Public Charter School" is a public school operating under the terms of a
charter granted by the State Board of Education pursuant to Ark. Code Ann.
§
6-23-301
et
seq.
3.23 "Previous Year"
is the school year immediately preceding the current school year.
3.24 "Professional Development" is a
coordinated set of planned learning activities that:
3.24.1 Improve the knowledge, skills, and
effectiveness of teachers;
3.24.2
Address the knowledge and skills of administrators and paraprofessionals
concerning effective instructional strategies, methods, and skills;
3.24.3 Lead to improved student academic
achievement; and
3.24.4 Are
research-based, standards-based, and continuous.
3.24.5 Training activities for school bus
drivers may also be included.
3.25 "Provision 2 District" is a school
district that is identified by the Department as participating in the special
assistance certification and reimbursement alternative implemented under
42 U.S.C. §
1759(a).
3.26 "Provision 2 District Base Year (Base
Year)" is the last school year for which individual student free or
reduced-price meal eligibility determinations were made.
3.27 "Scholastic Audit" is a comprehensive
review of the learning environment, organization efficiency, and academic
performance of schools and districts.
3.28 "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 public
charter schools, except as waived by the State Board of Education pursuant to
Ark. Code Ann. §
6-23-301
et
seq.
3.29 "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.
3.30
"School Year" is the year beginning July 1 of one calendar year and ending June
30 of the next calendar year.
3.31
"Students at Risk" are those students demonstrating an ongoing persistent lack
of attaining proficiency levels in literacy and mathematics.
3.32 "Social Worker" is someone who has an
undergraduate or graduate degree in social work or a related mental health
field, and is 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. A Licensed
Certified Social Worker (LCSW) or a Licensed Social Worker (LSW) may practice
in an agency setting under proper supervision. Professional conduct is
monitored by the State of Arkansas Social Work Licensing Board.
3.33 "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 Section 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.
3.34 "Technology" is any equipment for
instructional purposes that is 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 ALE General Requirements
4.01.1 Every school district shall provide
one (1) or more eligible Alternative Learning Environments (ALE) for all
students meeting the criteria of Section 4.02.1 of these Rules, by any of the
following methods:
4.01.1.1 A school district
may establish and operate an ALE;
4.01.1.2 A school district may cooperate with
one (1) or more other school districts in a consortium to establish and operate
an ALE, with one school district designated as the lead district;
4.01.1.3 A school district may use an ALE
operated by an education service cooperative established under The Education
Service Cooperative Act of 1985, Ark. Code Ann. §
6-13-1001
et seq.;
or
4.01.1.4 A school district may
partner with a state-supported institution of higher education and technical
institute to provide concurrent courses and/or technical education options for
academic learning to students in grades eight through twelve (8-12).
4.01.2 An ALE shall provide
intervention services designed to address students' specific educational and
behavioral needs.
4.01.2.1 Intervention
services shall include, without limitation, access to the services of a school
counselor, a mental health professional, a nurse, and support services
substantially equivalent to those provided to other students in the regular
educational environment.
4.01.2.2
Intervention services shall be coordinated with state and federal student
assistance programs.
4.01.3 An ALE shall not be punitive but shall
provide the guidance, counseling, and academic support necessary to enable
students who are experiencing emotional, social, or academic problems to
continue to make progress toward educational goals appropriate to each
individual student's specific situation, characteristics, abilities, and
aspirations.
4.02 ALE
Student Eligibility and Placement
4.02.1 To
be an eligible ALE student, a student must exhibit two (2) or more of the
characteristics identified in Section 4.02.1.1 and Section 4.02.1.2. Students
will not be placed in the ALE based on academic problems alone.
4.02.1.1 Situations that negatively affect
the student's academic and social progress may include, but are not limited to:
4.02.1.1.1 Ongoing, persistent lack of
attaining proficiency levels in literacy and mathematics;
4.02.1.1.2 Abuse: physical, mental, or
sexual;
4.02.1.1.3 Frequent
relocation of residency;
4.02.1.1.4
Homelessness;
4.02.1.1.5 Inadequate
emotional support;
4.02.1.1.6
Mental/physical health problems;
4.02.1.1.7 Pregnancy; or
4.02.1.1.8 Single parenting.
4.02.1.2 Students placed at risk,
though intelligent and capable, typically manifest one or more of the following
characteristics:
4.02.1.2.1 Personal or
family problems or situations;
4.02.1.2.2 Recurring absenteeism;
4.02.1.2.3 Dropping out of school;
or
4.02.1.2.4 Disruptive
behavior.
4.02.2 A student may be enrolled in an ALE
only on the referral of an Alternative Education Placement Team to be composed
of the following individuals:
4.02.2.1 The
school counselor from the referring school;
4.02.2.2 The building principal or assistant
principal from the referring school;
4.02.2.3 One (1) or more of the student's
regular classroom teachers;
4.02.2.4 A local education agency special
education or 504 representative, if applicable;
4.02.2.5 A parent or guardian of the student,
if they choose to participate; and
4.02.2.6 An ALE administrator or ALE teacher,
or both.
4.02.2.7 At the option of
the school district, the student may be included as a member of the Alternative
Education Placement Team.
4.02.2.8
The school district shall document efforts to contact the parent or guardian to
schedule a meeting or a phone call for a placement meeting at the parent or
guardian's convenience, and maintain such documentation in the student's
Student Action Plan (SAP).
4.02.3 The ALE program shall:
4.02.3.1 Assess the student either before or
upon entry into the ALE;
4.02.3.2
Provide intervention services designed to address the student's specific
educational needs; and
4.02.3.3 If
the student exhibits one (1) or more of the characteristics identified in
Section 4.02.1.2, provide non-punitive intervention services designed to
address the student's specific behavioral needs for long-term improvement of
the student's ability to control his or her behavior.
4.02.4 No later than one (1) week after a
student begins alternative education interventions, the Alternative Education
Placement Team shall assess the student's current functioning abilities and all
relevant social, emotional, academic, career, and behavioral information and
develop a Student Action Plan (SAP) outlining the intervention services to be
provided to the student. The Student Action Plan shall contain at a minimum:
4.02.4.1 A plan of intervention services to
be provided to address the student's specific educational needs and, if
appropriate, the student's behavioral needs;
4.02.4.2 Goals and objectives necessary to
achieve positive reintegration into the regular educational
environment;
4.02.4.3 Exit criteria
on which to base a student's return to the regular educational environment;
and
4.02.4.4 Documentation of the
presence of the characteristics listed in Sections 4.02.1.1 and 4.02.1.2 for
which the student was referred.
4.02.4.5 The Student Action Plan may be
revised from time to time by the Alternative Education Placement Team as
circumstances warrant.
4.02.5 No later than five (5) school days
after a student begins alternative education interventions, the Alternative
Education Placement Team shall develop a signed agreement between the ALE, the
parent or guardian (if they choose to participate), and the student, outlining
the responsibilities of the ALE, parent or guardian, and the student to provide
assurance that the plan for each student is successful.
4.02.6 A positive behavior or transitional
plan shall be developed and added to the Student Action Plan prior to a
student's return to the regular educational environment.
4.03 ALE Personnel Requirements
4.03.1 Administrative, teaching, and other
personnel in an ALE shall meet appropriate State licensure and renewal
requirements for the positions to which they are assigned.
4.03.2 Every classroom in an ALE program
shall maintain student/teacher ratios as follows:
4.03.2.1 For grades kindergarten through six
(K-6), no more than ten (10) students to one (1) teacher. If a paraprofessional
is employed in addition to a licensed teacher, the student/teacher ratio shall
be no more than twelve (12) to one (1).
4.03.2.2 For grades seven through twelve
(7-12), no more than fifteen (15) students to one (1) teacher. If a
paraprofessional is employed in addition to a licensed teacher, the
student/teacher ratio shall be no more than eighteen (18) to one (1).
4.03.2.2.1 For physical education courses
that lend themselves to large group instruction, this ratio may be increased up
to thirty (30) students to one (1) teacher when a paraprofessional is employed
in addition to a licensed teacher.
4.03.2.3 In a middle school where the grade
configuration includes grades five (5) or six (6), or both, the student/teacher
ratios for grades seven through twelve (7-12) may be applied.
4.03.3 An ALE shall establish
plans for professional development and in-service training for all licensed
personnel working in the ALE in a teaching or administrative capacity.
4.03.3.1 Professional development and
in-service training for ALE personnel shall include training in classroom
management, and training in additional areas related to the specific needs and
characteristics of students in alternative education environments.
4.03.3.2 All licensed personnel working in an
ALE shall participate in specific alternative education professional
development as part of the six (6) days required annually for licensed
personnel by the Department's Rules Governing Professional
Development.
4.03.3.3 The
Department shall award professional development credit for programs provided
under this Section 4.03.4 and approved pursuant to the Department's Rules
Governing Professional Development.
4.03.4 Wages, salaries or benefits may be
paid out of ALE funds only to the extent of the time devoted by an employee to
direct supervision of or direct work in an eligible ALE program.
4.04 ALE Curriculum and Program
Requirements
4.04.1 An ALE shall assess each
ALE student either before or upon entry into the ALE with effective,
research-based assessment tools to determine the student's current academic
capability.
4.04.2 An ALE shall
provide a curriculum including mathematics, science, social studies, and
language arts aligned with the regular classroom instruction. Reading, writing,
and mathematics shall be incorporated into all curriculum areas.
4.04.2.1 An ALE shall use the curriculum
frameworks adopted by the Department to plan instruction leading to student
demonstration of proficiency in the Arkansas content standards.
4.04.3 As an alternative to the
curriculum required by Section 4.04.2, an ALE may allow an individual student
to instead pursue a curriculum aligned with the standards for high school
equivalency tests, subject to the following conditions:
4.04.3.1 The student must be sixteen (16)
years of age or older;
4.04.3.2 The
student must lack sufficient credits to graduate by the time the student turns
eighteen (18) years of age; and
4.04.3.3 The student's parent or guardian, or
the student if the student is eighteen (18) years of age or older, must consent
in writing.
4.04.4
Computer-based instruction and distance learning may be used only as a
supplement to direct teacher instruction and must constitute less than
forty-nine percent (49%) of total instructional time in any one (1) course.
This restriction shall not apply to distance learning or computer-based
instruction approved by the Department.
4.04.5 All students attending an ALE operated
by a consortium of school districts shall follow the lead district's school
calendar. All students attending an ALE operated by an education service
cooperative shall follow a school calendar designated by the
cooperative.
4.04.6 An ALE shall be
furnished with the equipment and instructional materials necessary to provide
the environment and working conditions appropriate for subjects or activities
assigned.
4.04.7 Meals provided at
ALE facilities shall follow the Arkansas Child Nutrition guidelines or shall be
approved by the Child Nutrition Unit of the Department.
4.04.8 An In-School Suspension (ISS) program
for a regular educational environment may not be located in an ALE
classroom.
4.05 ALE
Program Approval, Reporting, and Monitoring
4.05.1 Each ALE program shall submit to the
Department every three (3) years, in electronic format, a program description
documenting the program's compliance with Ark. Code Ann. §
6-48-101
et seq.
and these Rules. Program descriptions are due before March 31 of the year
assigned by the Department.
4.05.1.1 ALE
programs operating in separate facilities, even if located within the same
school district, are deemed to be separate individual programs requiring
separate approval and separate reporting.
4.05.1.2 Deviations from prior approved ALE
program descriptions must be submitted to the Department for review and formal
approval.
4.05.2 On or
before March 31, according to a three (3) year cycle established by the
Department's ALE Unit, each school district shall submit to the Department, in
electronic format, an assurance statement, signed physically or electronically
by the superintendent of the district, that the school district is in
compliance with Ark. Code Ann. §
6-48-101
et seq.
and these Rules.
4.05.3 On or
before March 31, according to a three (3) year cycle established by the
Department's ALE Unit, each ALE program operated by a consortium of school
districts or by an education service cooperative shall submit to the
Department, in electronic format:
4.05.3.1 A
list of all school districts participating in the ALE; and
4.05.3.2 A copy of the contract agreement or
memorandum of understanding governing the ALE program and entered into by the
participating school districts and, if applicable, the education service
cooperative.
4.05.4
Annually, the Department shall compile annual report data for each ALE program
utilizing Arkansas Public School Computer Network student management data. The
data compiled shall include:
4.05.4.1 The
number of students, subdivided by race, gender, and grade level, enrolled in an
ALE program at any time during that school year;
4.05.4.2 The number of students enrolled in
an ALE program who returned to the regular educational environment, who dropped
out of school, who graduated, or who received a high school equivalency
diploma;
4.05.4.3 The number of
high school students graduating in that school year who, over their entire
grades kindergarten through twelve (K-12) career, were enrolled in an ALE for a
total of twenty (20) or more days;
4.05.4.4 The number of students enrolled in
an ALE program and participating in Workforce/Secondary Career
Centers;
4.05.4.5 The number of
students enrolled in an ALE program and receiving special education
services;
4.05.4.6 The number of
students enrolled in an ALE program who had previously exited an ALE program in
the second or third prior school year;
4.05.4.7 The total amount of all funds
expended to operate the ALE program for that school year; and
4.05.4.8 The total amount of ALE funding
received for that school year.
4.05.4.9 The total number of ALE students per
district with grade improvements after beginning the ALE intervention
program.
4.05.4.10 The total number
of ALE students per district with attendance improvements after beginning the
ALE program.
4.05.4.11 The total
number of ALE high school students per district with improved credit attainment
after participating in the ALE intervention program.
4.05.5 After June 15 of each year, the
Department may direct a district to provide the annual report data required
under Section 4.05.4 if the information sought is not readily ascertainable
from Arkansas Public School Computer Network student management data.
4.05.6 To be eligible for ALE funding under
Section 4.06 below, an ALE program shall be approved annually by the
Department.
4.05.6.1 Program approval shall be
contingent on a satisfactory review of the program description, annual report
data, and assurance statement submitted pursuant to this Section
4.05.
4.05.6.2 Program approval
shall be for a term of up to three (3) years, running from July 1 or the date
of program approval, whichever is later, through June 30 of the designated
year.
4.05.6.3 The Department shall
give notice of approval or disapproval of an ALE program no later than July 15
of the year of program approval according to the posted three (3) year cycle,
contingent on the ALE program timely submitting all required
information.
4.05.7 Each
school district shall submit a description of the ALE program(s) utilized by
its students.
4.05.7.1 The Arkansas
Comprehensive School Improvement Plan (ACSIP) will include a general
description of how the funds will be spent.
4.05.7.2 Each school district shall evaluate
programs supported by ALE funds annually to ensure that the programs are
providing a non-punitive environment that is conducive to learning, that
eliminates traditional barriers to learning, and that complies with these
Rules.
4.05.7.3 The total ALE funds
shall be budgeted in the school district's financial management
software.
4.05.8 As part
of the Department's accreditation review of each school district under Ark.
Code Ann. §
6-15-202, the Department shall
evaluate each ALE to ensure that the ALE is:
4.05.8.1 Established and operated in
compliance with these Rules and Ark. Code Ann. §
6-48-101
et seq.;
and
4.05.8.2 Effective under the
measurements established by the Department.
4.05.9 The Department shall identify a school
district's noncompliance on the school district's annual report card.
4.05.10 The Department shall identify
information concerning best practices for educating students in Alternative
Learning Environments and disseminate that information to teachers and
administrators working in Alternative Learning Environments.
4.05.11 On or before September 15 of each
year, the Department shall provide to the House Interim Committee on Education
and the Senate Interim Committee on Education a report on:
4.05.11.1 The information reported to it
under Section 4.05; and
4.05.11.2
The effectiveness of ALE programs evaluated by the Department.
4.06 ALE Funding
4.06.1 The ALE funding amount shall be the
amount authorized by law multiplied by the district's eligible ALE students'
full-time equivalents (FTE) in the previous school year as defined in these
Rules.
4.06.2 An ALE student shall
be counted as no more than one (1) student for ALE funding purposes.
4.06.3 An eligible ALE student's FTE shall be
calculated as follows: the sum of (the total number of days an eligible ALE
student attends an eligible ALE, plus the total number of days absent while
enrolled in an eligible ALE program) divided by the number of school days
actually taught in the district's school year.
4.06.3.1 If an eligible ALE student has less
than six (6) hours per day of student/teacher interaction time in an eligible
ALE, the student's FTE shall be calculated as the result of the calculation in
Section 4.06.3 multiplied by the number of hours that student is taught in an
eligible ALE each day divided by six (6) hours.
4.06.3.2 In no case shall an eligible ALE
student's FTE be calculated as greater than 1.0.
4.06.3.3 If an eligible ALE student is
educated in an eligible ALE for fewer than twenty (20) consecutive days, no ALE
funding may be paid for that student, unless:
4.06.3.3.1 The student leaves the school
district to transfer to another eligible ALE and is enrolled in an ALE for a
combined total of twenty (20) or more consecutive days; or
4.06.3.3.2 The student is placed in a
residential treatment program.
4.06.3.3.3 No school district may receive ALE
funding for an eligible ALE student for any day the student is not enrolled in
an eligible ALE in that district.
4.06.4 ALE funding is restricted state
aid.
4.06.5 ALE funding shall be
spent on eligible ALE programs identified in these Rules except as otherwise
allowed by law or rule.
4.06.6 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 except
as otherwise allowed by law or rule.
5.00 Special Needs - English Language Learners (ELL)
5.01 The ELL funding
amount shall be the amount authorized by law multiplied by 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 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 Department no later than November 1 of each school
year.
5.01.3 An ELL student shall
be counted as no more than one (1) 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/MAC II
Assessment of Competencies; and
5.03.3 English Language Development
Assessment English Language Proficiency Screener/TELPA.
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, and 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 except as otherwise allowed by law or
rule.
5.06 A description of ELL
activities and funding shall be included in the district's Arkansas
Comprehensive School Improvement Plan (ACSIP).
5.06.1 The total ELL funds shall be budgeted
in the school or school district's financial management software.
6.00 Special Needs - National School Lunch Act
6.01
Except as provided in Sections 6.01.5 and 6.01.6.2 of these Rules, 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 Section 3.21 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. If the school district is a Community
Eligibility Provision (CEP) district, this funding is based on the school
district's percentage of national school lunch students submitted in the year
prior to implementing CEP, multiplied by the number of enrolled students for
the immediately preceding school year. If a school district, open-enrollment
public charter school, or school within a district or charter is changing from
Provision 2 to CEP, the national school lunch state categorical funding
percentage used during the final year of Provision 2 will be the national
school lunch state categorical funding percentage for the four (4) year CEP
cycle and the year following the four (4) year CEP cycle. 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 (0.1%), and rounded
up to the nearest whole number from five tenths of one percent (0.5%) or above
or down to the nearest whole number from less than five tenths of one percent
(0.5%).
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 authorized 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 authorized
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 authorized by Ark. Code Ann. §
6-20-2305(b)(4)(A)(iii).
6.01.4 Districts must participate in the
United States Department of Agriculture's National School Lunch Program to
receive national school lunch state categorical funding.
6.01.5 For an open-enrollment public charter
school in its initial year of operation or in any year in which the charter
school adds a grade level, per-student national school lunch state categorical
funding under Ark. Code Ann. §
6-20-2305(b)(4)
shall be based on the school's current school year enrollment as of October
1.
6.01.6 Calculating Percentage of
National School Lunch Students for Districts Wherein at Least One School-But
Not the Entire District-Uses Provision 2 and/or at Least One School-But Not the
Entire District- Uses CEP:
6.01.6.1 For some
districts, calculating the district's percentage of national school lunch
students for any one (1) fiscal year will require combining data from schools
in the district, each of which may accept surveys or may use a different method
to calculate that school's percentage as a result of that school's
participation in Provision 2 or the Community Eligibility Provision (CEP) of
the National School Lunch Program. The method for calculating the district-wide
percentage of national school lunch students for a district that is composed of
at least one school which participates in Provision 2 and/or CEP is detailed
using the following examples:
6.01.6.1.1 In
the first example, a school district has two elementary schools, the first of
which accepts surveys in the traditional method of calculating its percentage
of national school lunch students and the second of which is in its second year
of participating in Provision 2. The district's middle school and high school
are in the second year of participating in Provision 2.
For illustrative purposes:
* Elementary 1 - Of an enrollment of 600, 510 are national school lunch students, yielding 85%.
* Elementary 2 - Enrollment is 500. The Provision 2 base year percentage is 80%.
* Middle School - Enrollment is 1,000. The Provision 2 base year percentage is 70%.
* High School - Enrollment is 1,200. The Provision 2 base year percentage is 75%.
* To calculate the district-level base year percentage, multiply the enrollment of each school participating in Provision 2 by the base year percentage of each of those schools to arrive at counts of eligible national school lunch students at each school (Elementary 2 - 400; Middle School - 700; High School - 900). Add the eligible count of all schools together to arrive at the school district eligible count of 2,510 (510 + 400 + 700 + 900) and divide by the total school district enrollment of 3,300 to arrive at the district-level base year percentage of 76% (rounded). This will be used as the district's national school lunch state categorical funding percentage for the fiscal year.
6.01.6.1.2 In the second example, a school
district has two elementary schools, both of which accept surveys in the
traditional method of calculating the percentage of national school lunch
students. Both the district's middle school and high school would have been in
the second year of Provision 2 status, but instead are implementing CEP.
For illustrative purposes:
* Elementary 1 - Of an enrollment of 550, 440 are national school lunch students, yielding 80%.
* Elementary 2 - Of an enrollment of 400, 220 are national school lunch students, yielding 55%.
* Middle School - Enrollment is 800. The Provision 2 base year percentage of 75% will become the school-level CEP base year percentage.
* High School - Enrollment is 1,100. The Provision 2 base year percentage of 80% will become the school-level CEP base year percentage.
* To calculate the district-level base year percentage, multiply the enrollment of each school participating in CEP by the base year percentage of each of those schools to arrive at counts of eligible national school lunch students at each school (Middle School - 600; High School - 880). Add the eligible count of all schools together to arrive at the school district eligible count of 2,140 (440 + 220 + 600 + 880) and divide by the total school district enrollment of 2,850 to arrive at the district-level base year percentage of 75% (rounded). This will be used as the district's national school lunch state categorical funding percentage for the fiscal year.
6.01.6.1.3 In the third example, a
school district has two elementary schools, the first of which accepts surveys
in the traditional method of calculating its percentage of national school
lunch students and the second of which is in its second year of participating
in Provision 2. The district's middle school would have been in its second year
of Provision 2 status, but instead is implementing CEP. The district's high
school is in its second year of participating in Provision 2.
For illustrative purposes:
* Elementary 1 - Of an enrollment of 650, 390 are national school lunch students, yielding 60%.
* Elementary 2 - Enrollment is 450. The Provision 2 base year percentage is 80%.
* Middle School - Enrollment is 900. The Provision 2 base year percentage of 70% will become the school-level CEP base year percentage.
* High School - Enrollment is 1,600. The Provision 2 base year percentage is 90%.
* To calculate the district-level base year percentage, multiply the enrollment of each school participating in Provision 2 or CEP by the base year percentage of each school to arrive at counts of eligible national school lunch students at each school (Elementary 2 - 360; Middle School - 630; High School - 1,440). Add the eligible count of all schools together to arrive at the school district eligible count of 2,820 (390 + 360 + 630 + 1,440) and divide by the total school district enrollment of 3,600 to arrive at the district-level base year percentage of 78% (rounded). This will be used as the district's national school lunch state categorical funding percentage for the fiscal year.
6.01.6.2 If implementing CEP in a year that
national school lunch state categorical funding is based on current year
October 1 data, open-enrollment public charter schools will be required to
accept and report Alternative Income Forms by October 1 from all students in
the school to enable calculation of national school lunch state categorical
funding. The number of students eligible for national school lunch state
categorical funding as determined by the Alternative Income Forms is used to
determine the CEP base year percentage. This percentage is used every year of
the four (4) year CEP cycle and, if the charter is then-funded using previous
year data, the year following the four (4) year CEP cycle.
6.01.6.3 For a school district or
open-enrollment public charter school that opens a new school that participates
in CEP in its first year of operation, district-level national school lunch
state categorical funding is calculated using previous year data. For the
second year in operation, the school would need to accept and report
Alternative Income Forms by October 1 from all students. This would establish
the CEP base year percentage for the school that would be in effect for the
remainder of the four (4) year CEP cycle and the year following the four (4)
year CEP cycle.
6.01.6.4 For
districts and schools wishing to renew the CEP cycle, during the fourth year of
the four (4) year CEP cycle, if there is a difference of five percentage points
or greater between the percentage of Identified Students in the April
calculations from the Child Nutrition Unit, multiplied by the CEP multiplier,
and the current national school lunch state categorical funding percentage,
then a new national school lunch state categorical funding percentage would
need to be calculated. The new percentage would be calculated in the following
year (Year Five [5]), by accepting and reporting Alternative Income Forms by
October 1. The number of eligible students is divided by the October 1
enrollment. This new percentage would be applicable during Year Six (6) and the
duration of the four (4) year CEP cycle (Years Six [6], Seven [7], and Eight
[8], and, if renewed, Year Nine [9]). If there is a difference of less than
five percentage points between the percentage of Identified Students in the
April calculations from the Child Nutrition Unit, multiplied by the CEP
multiplier, and the current national school lunch state categorical funding
percentage, then the national school lunch state categorical funding percentage
used during the fourth year of the CEP cycle would be used for the following
four (4) year CEP cycle and, if renewed, the year immediately following that
cycle. The method for calculating the district-wide percentage of national
school lunch students for a district that experiences a change of at least five
percentage points in one direction or the other is detailed using the following
examples:
6.01.6.4.1 In the first example,
School District A's percentage of Identified Students in the April calculations
from the Child Nutrition Unit, multiplied by the CEP multiplier shows a seven
percentage point change over the current national school lunch state
categorical funding percentage. To establish a new national school lunch state
categorical funding percentage, School District A must accept and report
Alternative Income Forms by October 1 of Year Five (5). The district reports
its number of eligible students, which is then divided by the enrollment from
October 1 of Year Five (5) to establish its new district-wide percentage of
national school lunch students. This new percentage would be applicable during
Year Six (6) and the duration of the four (4) year CEP cycle (Years Six [6],
Seven [7], and Eight [8], and, if renewed, Year Nine [9]).
For illustrative purposes:
* Year Four (current year) - The district-wide percentage was seventy percent (70%), as it had been for the previous three (3) years of the district's CEP cycle. In the April calculations of Identified Students, the district's percentage was reported as seventy-seven percent (77%) after applying the CEP multiplier, triggering the need to accept and report Alternative Income Forms the following year.
* Year Five - The district-wide percentage remained at seventy percent (70%) while Alternative Income Forms were accepted and reported by October 1. A new calculation of 1,500 eligible students divided by the enrollment from October 1 of Year Five, totaling 2,000, yielded seventy-five percent (75%) as the new district-wide percentage.
* Years Six Through Eight (6-8) and, if Renewed, Year Nine (9) - The district-wide percentage would be seventy-five percent (75%).
6.01.6.4.2 In the second example,
School District B's percentage of Identified Students in the April calculations
from the Child Nutrition Unit, multiplied by the CEP multiplier shows an eight
percentage point change under the current national school lunch state
categorical funding percentage. To establish a new national school lunch state
categorical funding percentage, School District A must accept and report
Alternative Income Forms by October 1 of Year Five (5). The district reports
its number of eligible students, which is then divided by the enrollment from
October 1 of Year Five (5) to establish its new district-wide percentage of
national school lunch students. This new percentage would be applicable during
Year Six (6) and the duration of the four (4) year CEP cycle (Years Six [6],
Seven [7], and Eight [8], and, if renewed, Year Nine [9]).
For illustrative purposes:
* Year Four (current year) - The district-wide percentage was eighty percent (80%), as it had been for the previous three (3) years of the district's CEP cycle. In the April calculations of Identified Students, the district's percentage was reported as seventy-two percent (72%) after applying the CEP multiplier, triggering the need to accept and report Alternative Income Forms the following year.
* Year Five - The district-wide percentage remained at eighty percent (80%) while Alternative Income Forms were accepted and reported by October 1. A new calculation of 1,520 eligible students divided by the enrollment from October 1 of Year Five, totaling 2,000, yielded seventy-six percent (76%) as the new district-wide percentage.
* Years Six Through Eight (6-8) and, if Renewed, Year Nine (9) - The district-wide percentage would be seventy-six percent (76%).
6.01.6.5 If a school
district, open-enrollment public charter school, or school(s) transitions from
CEP, the national school lunch state categorical funding percentage used during
the last full year the school district, open-enrollment public charter school,
or school(s) participated in CEP will be used for the year following the year
of discontinuance of CEP.
6.01.6.6
Alternative Income Forms used for national school lunch state categorical
funding must have the following information verified:
6.01.6.6.1 The minimum standard sample size
of three percent (3%) for all Alternative Income Forms approved by the
open-enrollment public charter school or school district for the school year,
as of October 1 of the school year; and
6.01.6.6.2 Income verification procedures
concerning income verification used for free and reduced-price meal
applications.
6.01.6.6.3
Alternative Income Forms are considered part a student's education record and
therefore all confidentiality procedures of FERPA should be followed.
Privacy/security procedures concerning free and reduced-price meal applications
are recommended in relation to the Alternative Income Forms.
6.02 Except
as provided in Section 6.02.3 of these Rules, 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
Department shall verify the Cycle 2 report for accuracy.
6.02.2 Adjustments to the Cycle 2 report
shall be made by the Department based on documentation provided by the school
district.
6.02.3 For an
open-enrollment public charter school in its initial year of operation or in
any year in which the charter school adds a grade level, the school's
percentage of NSLA eligible students shall be determined by the school's free
or reduced-price meal eligibility data as reported by October 1 of the current
school year.
6.03
National School Lunch State Growth Funding:
6.03.1 The Department shall use the Cycle 2
enrollment data for the previous four (4) years to calculate a three (3) year
trend in district enrollment.
6.03.2 If a district has grown at least one
percent (1%) for each of the three (3) 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 (3) year average growth in enrollment multiplied by the district's
previous year's percentage of students eligible for the United States
Department of Agriculture's National School Lunch Program multiplied by the per
student funding amount determined in Section 6.01.
6.04 Transitional National School Lunch State
Funding Methods:
6.04.1 If a school district
would receive, 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 Department shall adjust the funding to the school district in a
transitional three (3) 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 (3) 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 $1,562.00 in the immediately
preceding year to $1,042.00 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 $1,388.67 ($1,562.00 - $173.33).
* Year Two of transition (decrease 1/3) - The transitioned amount of national school lunch state categorical funding per student is $1,215.34 ($1,388.67 - $173.33).
* Year three (final year) of transition (decrease 1/3) - The transitioned amount of national school lunch state categorical funding per student is $1,042.00 ($1,215.34 - $173.34).
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 $1,042.00 in the immediately
preceding year to $1,562.00 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 $1,215.33 ($1,042.00 + $173.33).
* Year Two of transition (increase 1/3) - The transitioned amount of national school lunch state categorical funding per student is $1,388.66 ($1,215.33 + $173.33).
* Year Three (final year) of transition (increase 1/3) - The transitioned amount of national school lunch state categorical funding per student is $1,562.00 ($1,388.66 + $173.34).
6.04.5 The method of transition for a school
district that, within a three (3) 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 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 $1,042.00 in the immediately
preceding year to $1,562.00 in the current year, and a decrease
to $1,042.00 in the following year. In this instance, the transition
is completed in two (2) years rather than three (3).
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 $1,215.33 ($1,042.00 + $173.33).
* Year Two (final year) of transition (decrease 1/3) - The transitioned amount of national school lunch state categorical funding per student is $1,042.00 ($1,215.33 -$173.33).
6.04.5.2 In the second example, a school
district experiences a decrease in national school lunch state categorical
funding per student from $1,042.00 in the immediately preceding year to $522.00
in the current year, no change in the second year, and an increase to $1,042.00
in the third year. In this instance, the transition is completed in four (4)
years rather than three (3).
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 $868.67 ($1,042.00 -$173.33).
* Year Two of transition (decrease 1/3) - The transitioned amount of national school lunch state categorical funding per student is $695.34 ($868.67 - $173.33).
* Year Three of transition (increase 1/3) - The transitioned amount of national school lunch state categorical funding per student is $868.67 ($695.34 + $173.33).
* Year Four (final year) of transition (increase 1/3) - The transitioned amount of national school lunch state categorical funding per student is $1,042.00 ($868.67 + $173.33).
6.05 Each school district
receiving national school lunch state categorical funds shall provide
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 A chronically underperforming school's
Arkansas Comprehensive School Improvement Plan (ACSIP) shall provide for the
use of national school lunch state categorical funding to fund without
limitation the following:
6.05.1.1 Use of an
Arkansas Scholastic Audit.
6.05.1.2
Use of disaggregated school data to set academic targets in reading, writing,
mathematics, and science.
6.05.1.3
Use of 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 Development of interim
building-level assessments to monitor student progress toward proficiency on
the state benchmark assessments.
6.05.1.5 Development of a plan to immediately
address gaps in learning.
6.05.1.6
Examination and realignment, as needed, of school scheduling, academic support
systems, and assignment of personnel to improve student achievement.
6.05.1.7 Design of a plan for increasing
parental knowledge and skill to support academic objectives.
6.05.1.8 Evaluation of 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 of Arkansas Public Schools and School
Districts as required by Ark. Code Ann. §
6-15-201
et seq.
or the Arkansas Minimum Teacher Salaries required by Ark. Code Ann. §
6-17-2403 except as otherwise
allowed herein.
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
excess 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 used to reduce the pupil-to-teacher ratio below the mandates required
by the Arkansas Standards for Accreditation of Arkansas Public Schools and
School Districts under the following conditions:
6.06.3.1 The district must designate the
specific teacher(s) used to reduce the pupil-to-teacher ratios required by the
Standards for Accreditation; must explain how the district will use national
school lunch state categorical funds to pay only the salaries of those
class-size-reduction teachers or other teachers whose salaries are designated
by the Department as bona fide national school lunch state categorical program
or purpose expenditures as allowed by Section 6.07 of these Rules; and must
explain 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 needs;
6.06.3.2 Any district which did not use
national school lunch state categorical funds to support the salaries of
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 grades kindergarten
through eight (K-8), provided the district submits a detailed written plan, as
required in Section 6.06.3.1, which is approved by the Department;
and
6.06.3.3 Along with any request
to expand or increase from a previous school year the use of national school
lunch state categorical funds to pay for or support the salaries of
class-size-reduction teachers, the district shall submit a written
justification showing how the funds are being used to address 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 be used only to reduce the pupil-to-teacher ratios required by the
Standards for 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 instructional facilitators
or Literacy, Mathematics, or Science Specialists/Coaches (K-12), Data Coaches
(K-12), and School Improvement Specialists (K-12) that meet the following
requirements:
6.07.1.1 The
Specialists/Coaches and 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; choice of 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 and instructional facilitators:
* A valid Arkansas teaching certificate;
* At least four (4) years of recent teaching experience in appropriate content areas within grades kindergarten through twelve (K-12);
* Knowledge of Arkansas Curriculum Frameworks;
* Knowledge of current research and effective practices in standards-based curriculum, instruction, and assessment;
* Experience in adult learning situations and in team problem solving; and
* A bachelor's degree (a master's degree would be preferred); or
* Completion of the required training and teaching components of the Teach For America Program.
6.07.1.3 Qualifications for Data Coaches:
* A valid Arkansas teaching certificate;
* At least five (5) years of recent teaching experience, administrative experience, or a combination thereof;
* At least three (3) years of experience using information systems for data retrieval, data reporting, and using data to guide instructional practice;
* Knowledge of basic statistics and their application;
* Knowledge and skill of data analysis;
* Ability to assist building level staff with analysis of school data in preparation of school improvement planning; and
* A bachelor's degree (a master's degree would be preferred).
6.07.1.4
Qualifications for School Improvement Specialists:
* A valid Arkansas teaching certificate
* At least five (5) years of recent teaching experience, administrative experience, or a combination thereof;
* Knowledge of effective coaching practices
* Knowledge of team structures that support shared leadership;
* Knowledge to understand and interpret assessment data, both formal and informal, to inform instructional decisions;
* Ability to orchestrate change; and
* A bachelor's degree (a master's degree would be preferred).
6.07.2 Providing research-based professional
development in the areas of literacy, mathematics, or science in grades
kindergarten through twelve (K-12) subject to the requirements of the
Department's Rules Governing Professional Development;
6.07.3 Employing highly qualified classroom
teachers in grades kindergarten through twelve (K-12) pursuant to the
restrictions set forth in Section 6.06 of these Rules;
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 classroom
teachers.
6.07.8
Employing licensed counselors and nurses above the mandates of the Standards
for Accreditation of Arkansas Public Schools and School Districts or other law
or rule;
6.07.9 Employing
Coordinated School Health coordinators;
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 (SROs) 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
targeted at closing the achievement gap;
6.07.18 Providing early intervention
programs, to include:
6.07.18.1 Short-term,
intensive, focused, individualized, research-based instruction developed from
ongoing, daily, systematic diagnosis that occurs while a child is beginning, in
grades kindergarten through one (K-1), the initial 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;
and
6.07.18.2 Short-term,
intensive, focused, individualized, research-based instruction developed from
ongoing, daily, systematic diagnosis in grades three through twelve (3-12) to
prevent failure and close the achievement gap.
6.07.18.3 Research-based
Response-to-Intervention screening and associated instruction for students with
dyslexia, with intervention components including phonemic awareness,
graphophonemic knowledge, the structure of the English language, linguistics,
language patterns, and strategies for decoding, encoding, work recognition,
fluency, and comprehension.
6.07.19 Obtaining materials, supplies, and
equipment, including technology, used in approved instructional programs or for
approved purposes in support of the local education agency's general
description for NSLA funding;
6.07.20 Paying the expenses of federal child
nutrition programs to the extent necessary to provide school meals without
charge to all students if the school district is identified by the Department
as participating in the special assistance certification and reimbursement
alternative implemented under
42 U.S.C. §
1759(a);
6.07.21 Paying the expenses of federal child
nutrition programs to the extent necessary to provide school meals without
charge to students otherwise eligible for reduced-price meals under federal law
or regulations governing the United States Department of Agriculture's National
School Lunch Program or School Breakfast Program;
6.07.22 Paying expenses directly related to
funding a longer school day;
6.07.23 Paying expenses directly related to
funding a longer school year;
6.07.24 Partnering with state-supported
institutions of higher education and technical institutes to provide concurrent
courses and/or technical education options for academic learning to students
while those students are still in high school so that the students are college
and career ready upon graduation from high school;
6.07.24.1 Partnerships under Section 6.07.24
shall be evidenced by a written agreement or memorandum of understanding
between the school district and institution of higher education and/or
technical institute.
6.07.25 Providing Teach For America
professional development;
6.07.26
Implementing components of the Arkansas Advanced Initiative for Math and
Science;
6.07.27 Employing College
and Career Coaches, as defined by the Department of Career Education;
6.07.28 Operating or supporting a
postsecondary preparatory program authorized under Ark. Code Ann. §
6-16-601
et
seq.;
6.07.29 Expenditures
required under Section 6.05.1 of these Rules;
6.07.30 Paying for students in grade eleven
(11) to take the ACT Assessment, pursuant to the Voluntary Universal ACT
Assessment Program, Ark. Code Ann. §
6-18-1601
et
seq.;
6.07.31 Developing
and implementing interim building-level assessments to monitor student progress
toward proficiency on the state assessments; and
6.07.32 Other activities approved by the
Department that will further the purposes of this Section 6.07. Such activities
include, but are not limited to, research-based activities and activities
directed at chronically underperforming schools.
6.08 Use of national school lunch state
categorical funds shall be included within the school or school district's
ACSIP.
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.
6.08.3 The
total NSLA funds shall be budgeted in the school or school district's financial
management software.
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
except as otherwise allowed by law or rule.
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 is limited.
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 is meeting the
minimum teacher salary schedule under Ark. Code Ann. §
6-17-2403 without using national
school lunch state categorical funds;
6.11.1.2 The school district is in full
compliance with the rules and laws governing the Standards for Accreditation of
Arkansas Public Schools and School Districts 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;
6.11.1.3
The district has met or is meeting the adequate educational needs of
students;
6.11.1.4 The district has
prudently managed its resources;
6.11.1.5 The district has met all
requirements of Section 6.11 of these Rules; and
6.11.1.6 The district has submitted a general
description of the uses of national school lunch state categorical
funds.
6.11.1.7 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.
6.11.1.8 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 these
Rules.
6.11.1.9 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.
6.11.1.10 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 No more than twenty percent (20%)
of the total of current year national school lunch state categorical funds may
be 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
to supplement 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 Section 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;
and
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 No more than twenty percent (20%) of
the total of current year national school lunch state categorical funds may be
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 or 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 Section 6.11.1 of these Rules;
6.11.3.2 The information required in Section
6.11.2, and any other information requested by the Department;
6.11.3.3 The amount of funds to be used as a
bonus; and
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 of Education 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 third through eight (3-8) state required
assessments 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 of Education'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
Department, 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; and
6.11.5.3 Information required in Section
6.11.2 and 6.11.3, and any other information requested by the
Department.
6.11.6 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.
6.12 Monitoring
and Compliance for Use of NSLA Funds:
6.12.1
At any time during a school year, the Department may review:
6.12.1.1 A school district's ACSIP;
6.12.1.2 Reports and information required by
these Rules;
6.12.1.3 Test
data;
6.12.1.4 Financial data;
and
6.12.1.5 Other indicators of a
school district's compliance with these Rules and with the purpose of meeting
the needs of students served by national school lunch state categorical
funds.
6.12.2 Upon
review, the Commissioner of Education or his/her designee may take one or both
actions allowed by Section 6.12.3 if the Commissioner determines that a school
district:
6.12.2.1 Has not met the needs of
students that may be served by national school lunch state categorical
funds;
6.12.2.2 Provided false or
misleading information; or
6.12.2.3
Failed to comply with the provisions of the district's submitted plans without
obtaining ADE approval.
6.12.3 Upon a determination under Section
6.12.2 above, the Commissioner of Education may:
6.12.3.1 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; or
6.12.3.2 Require the school district to
redirect the national school lunch state categorical funds to meet other
educational needs of the students of that district.
6.13 By June 30 of each year, a
school district shall expend a minimum of eighty-five percent (85%) of the
school district's current-year national school lunch state categorical funding
allocation in a manner permitted under these Rules.
6.13.1 A school district that, on June 30,
2012, has a national school lunch state categorical funding balance in excess
of fifteen percent (15%) of the school district's current year national school
lunch state categorical funding allocation shall reduce its total national
school lunch state categorical funding balance by at least ten percent (10%)
each year so that by June 30, 2022, and by June 30 of each year thereafter, the
school district has a balance of no more than fifteen percent (15%) of the
school district's current year national school lunch state categorical funding
allocation.
6.13.2 Under an unusual
and limited circumstance, including without limitation an increase in one-time
funds or an unexpected decrease in school district revenues during a given
year, a school district may request that the Department waive the requirements
of this Section 6.13.
6.13.2.1 A school
district seeking a waiver shall file a waiver request with the Commissioner of
Education, accompanied by a resolution adopted by the school district's board
of directors, describing the unusual and limited circumstances.
6.13.2.2 The Commissioner of Education may
grant a waiver request under this Section 6.13 for up to one (1) year if the
Commissioner finds that the request is necessary based upon the unusual and
limited circumstances.
6.13.3 The Department shall monitor on a
yearly basis each school district's compliance with the requirements of this
Section 6.13.
6.13.4 If a school
district fails to comply with the requirements of this Section 6.13 during a
school year, the Department may in the following school year withhold from that
school district's national school lunch state categorical funding allocation an
amount equal to the amount required to be spent by the school district in order
to be in compliance with the requirements of this Section 6.13.
6.13.4.1 The Department may redistribute
amounts withheld under this Section 6.13.4 to other school districts entitled
to receive national school lunch state categorical funding
allocations.
7.00 Special Needs - Professional Development
7.01 The professional
development funding amount shall be an amount up to the amount authorized by
law multiplied by the district's ADM of the previous school year.
7.02 Professional development funding shall
be expended for:
7.02.1 Approved professional
development activities and materials, as required by the Teacher Excellence and
Support System, Ark. Code Ann. §
6-17-2801
et seq.,
by other law or rule, or by the school district, that:
7.02.1.1 Improve the knowledge, skills, and
effectiveness of teachers;
7.02.1.2
Address the knowledge and skills of administrators and paraprofessionals
concerning effective instructional strategies, methods, and skills;
7.02.1.3 Lead to improved student academic
achievement; and
7.02.1.4 Improve
the knowledge, skills, and effectiveness of Response-to-Intervention and
dyslexia intervention instruction;
7.02.2 Employing instructional facilitators
or Literacy, Mathematics, or Science Specialists/Coaches (K-12) as described in
these Rules; and
7.02.3 Training
for school bus drivers in compliance with rules promulgated by the Commission
for Arkansas Public School Academic Facilities and Transportation.
7.03 Districts may expend state
professional development funding to provide the requisite hours of professional
development required by law or rule.
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 except as
otherwise allowed by law or rule.
7.06 Professional development activities and
funding shall be included in the district's Arkansas Comprehensive School
Improvement Plan (ACSIP).
7.06.1 Use of
professional development funds shall be included within the school or school
district's ACSIP. The ACSIP will include how the funds will be spent.
7.06.2 The district shall annually evaluate
professional development implementation supported by professional development
funds to ensure that:
7.06.2.1 Professional
development as implemented by the school or district provides intervention
prevention services designed to increase student achievement.
7.06.3 Evaluation data regarding
the implementation and effect of professional development and professional
growth plans should be utilized in the school improvement process to determine
future professional development plans.
7.06.4 The total professional development
funds shall be budgeted in the school or school district's financial management
software.
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 carried over shall balance.
8.06 If the Department 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 Department.
9.00 Categorical Fund Balances
9.01 As of June 30 of each school year, the
total aggregate balance of all state categorical fund sources shall not exceed
twenty percent (20%) of the total aggregate annual state categorical fund
allocations for the current school year, except as provided herein.
9.01.1 On June 30, 2012, and on June 30 of
each school year thereafter, if the total aggregate balance of all state
categorical fund sources exceeds twenty percent (20%) of the school district's
total aggregate annual state categorical fund allocations for the current
school year, the school district shall reduce that total balance by ten percent
(10%) each year until the school district's June 30 balance of aggregate annual
categorical fund sources is twenty percent (20%) or less of the total aggregate
annual state categorical fund allocations for the current school
year.
9.01.2 The annual reduction
required under Section 9.01.1 shall be a minimum of ten percent (10%) of the
total excess balances of all state categorical fund sources as of June 30,
2012.
9.02 A school
district may transfer funds received from any categorical fund source to
another categorical fund source.
9.03 The Department shall monitor on a yearly
basis each school district's compliance with the requirements of Ark. Code Ann.
§
6-20-2305(e) and
this Section 9.00.
9.03.1 If a school
district fails to comply with the requirements of Ark. Code Ann. §
6-20-2305(e) or
this Section 9.00 during a school year, the Department may in the following
school year withhold from that school district's categorical funding allocation
an amount equal to the amount required to be spent by the school district in
order to be in compliance with the requirements of Ark. Code Ann. §
6-20-2305(e) and
this Section 9.00.
9.03.2 The
Department may redistribute amounts withheld under Ark. Code Ann. §
6-20-2305(e) and
this Section 9.00 to other school districts entitled to receive categorical
funding allocations.
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