Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 28 - Division of Elementary and Secondary Education
Rule 005.28.19-008 - Rules Governing the Standards for Accrediation of Arkansas Public Schools and School Districts
Current through Register Vol. 49, No. 9, September, 2024
ARKANSAS DIVISION OF ELEMENTARY AND SECONDARY EDUCATION RULES GOVERNING STANDARDS FOR ACCREDITATION OF ARKANSAS PUBLIC SCHOOLS AND SCHOOL DISTRICTS
Effective Date: July 1, 2020
1.00 REGULATORY AUTHORITY
1.01 These rules shall be known as the Arkansas Division of Elementary and Secondary Education Rules Governing the Standards for Accreditation of Arkansas Public Schools and School Districts.
1.02 These rules are promulgated pursuant to Ark. Code Ann. §§ 6-11-105, 6-15-202, 6-15-203, 6-15-207, 6-15-208, 6-15-209, and 25-15-201 et seq.
2.00 PURPOSE
2.01 These rules are to set forth the Standards for Accreditation of Arkansas to all public schools and public school districts and to apply the Standards for Accreditation to all public schools and public school districts for the purpose of determining accreditation of the school and district.
2.02 These rules describe the minimum requirements and process whereby Arkansas public schools and public school districts are accredited, the process whereby Arkansas public schools and public school districts will be cited or placed in probationary status for failure to meet the Standards for Accreditation, and to set forth the enforcement actions that may be applied to Arkansas public schools and public school districts that fail to meet the Standards for Accreditation.
3.00 DEFINITIONS - For purposes of these Rules, the following terms mean:
3.01 "Accredited - Cited" means the status assigned to a public school or public school district that fails to meet any Standard identified by a "C" as being a cited violation in these rules.
3.02 "Enforcement action" means the intervention of the State to require compliance of a public school or a public school district that fails to meet the Standards for Accreditation of Arkansas Public Schools and School Districts.
3.03 "Accredited - Probation" means the status assigned to a public school or public school district that fails to meet any Standard identified by a "P" as being a probationary violation in these rules or fails to correct a violation by the specified deadline for which it acquired cited status.
3.04 "Division" means the Division of Elementary and Secondary Education of the Arkansas Department of Education.
3.05 "Public school" means:
3.06 "Public school district" means:
3.07 "Standards for Accreditation" means the series of requirements that specify what a public school or public school district shall meet in order to be fully accredited by the Arkansas Division of Elementary and Secondary Education.
3.08 "Written curriculum" includes identified sequences of student learning expectations, pacing, materials and resources used to teach the Arkansas Academic Standards and processes for evaluating mastery of the standards at particular points in time throughout the K-12 educational program.
4.00 BI-ANNUAL REVIEW AND APPROVAL OF THE STANDARDS FOR ACCREDITATION
The Division is responsible for the development of the Standards for Accreditation and shall review these standards every two years to ensure alignment with the laws of the State of Arkansas and the rules of Division.
The review process shall include:
4.01 Public notice ofthe intent to review the Standards. Public notice may include notice of intent provided at a State Board meeting, on the Division website, by Commissioner's Memo, or Division social media;
4.02 Organization of a committee consisting of Arkansas educators, administrators, and other stakeholders to review and provide feedback to Division staff regarding the Standards for Accreditation, particularly the Standards found to have the most violations or in conflict with state law or rules;
4.03 Revision, as needed, of the Standards for Accreditation by Division staff;
4.04 Submission of the revised Standards for Accreditation for review by the State Board of Education and consideration for release for public comment;
4.05 Submission to the Senate and House Education Committees for review and feedback to the State Board of Education; and
4.06 Review of the Senate and House Education Committee feedback and make necessary revisions.
4.07 Submit Standards for Accreditation to the Board for approval.
5.00 CITED STATUS
5.01 A public school district shall be assigned Accredited - Cited status when it is deemed to have failed to meet any standard defined with a district cited status ("D/C) in the Standards for Accreditation.
5.02 A public school shall be assigned Accredited - Cited status when it is deemed to have failed to meet any standard defined with a school cited status ("5/C") in the Standards for Accreditation.
5.03 No public school or public school district shall maintain Accredited - Cited status for violation of any particular standard for a time period greater than two (2) consecutive school years including the year the Accredited - Cited status is assigned, unless provided otherwise in these rules.
5.04 Any public school or public school district that fails to remedy itself from Accredited - Cited status for violation of a particular standard after two (2) consecutive school years shall be assigned Accredited - Probation status.
6.00 PROBATIONARY STATUS
6.01 A public school district shall be assigned Accredited - Probation status when it is deemed to have failed to meet any standard defined with a district probationary status ("D/P") in the Standards for Accreditation or was in Accredited - Cited status for the same violation the previous two (2) consecutive school years.
6.02 A public school shall be assigned Accredited - Probation status when it is deemed to have failed to meet any standard defined with a school probationary status ("S/P") in the Standards for Accreditation or was in Accredited - Cited status for the same violation the previous two (2) consecutive school years.
6.03 No public school or public school district shall maintain Accredited - Probation status for violation of any standard for more than two (2) consecutive school years including the year the Accredited - Probation status is assigned.
6.04 Any public school or public school district that fails to remedy itself from Accredited - Probation status after the two (2) consecutive school years will be subject to mandates of Ark. Code Ann. § 6-15-207 and Section 9.00 of these Rules.
7.00 ACCREDITATION OF PUBLIC SCHOOLS AND PUBLIC SCHOOL DISTRICTS
7.01 A public school or public school district shall be accredited based on compliance with the Standards for Accreditation and shall be identified as Accredited.
7.02 A material and substantial failure to comply with any state or federal law, rule, or regulation that interferes with a public school or public school district's obligation to provide a general, suitable and efficient education may result in a recommendation of Accredited - Cited or Accredited - Probation status.
7.03 Any person who knowingly submits or falsifies information requested or required by the Division may be subject to licensure action pursuant to Ark. Code Ann. § 6-17-410 and other relevant state and federal law.
7.04 ACCREDITATION PROCESS
8.00 SPECIFIC TIME FRAME FOR CITATIONS OR PROBATIONS
8.01 A public school or public school district may be placed in Accredited - Cited or Accredited - Probation status at any time if any violation of the Standards for Accreditation has not been corrected or the appropriate documentation detailing the public school or public school district's plan, including necessary timelines, to correct the deficiency is not received by the Division within fifteen calendar (15) days of notification of the violation.
8.02 The Division will review the submitted documentation and respond in writing with the length of time that will be allowed for correction of the deficiency.
8.03 The recommended accreditation status will be submitted to the State Board of Education for final approval.
8.04 After approval by the State Board of Education, the public school or public school district will be identified as Accredited, Accredited - Cited, or Accredited -Probation. An identification as Accredited - Cited or Accredited - Probation shall be considered the first year of identification. The identification will remain in place for the following school year which shall be considered the second year of identification.
9.00 ENFORCEMENT OF STANDARDS FOR ACCREDITATION
9.01 The State Board of Education may, on its own motion or upon petition from the Division, take any number of the following actions, listed in Section 9.03, to address a public school or public school district which has failed to meet the Standards for Accreditation at any time after a public school or public school district has received notice of being placed in Accredited - Probation status pursuant to Section 7.04.4 of these rules. The Division shall petition the State Board of Education for enforcement action as allowed by these rules when a public school or public school district has failed to remedy all probationary violations within the specified time period for correction.
9.02 The State Board of Education shall take at least one of the actions listed in Section 9.03 to address any public school or public school district that is identified as Accredited - Probation for failing to meet the Standards for Accreditation for two (2) consecutive school years including the year the Accredited - Probation status was issued, unless the State Board of Education, at its discretion, issues written findings supported by a majority of the board, that the public school or public school district could not meet the current Standards in the required time period due to impossibility caused by external forces beyond the public school or public school district's control.
9.03 The State Board of Education shall be allowed to take the following actions to address any public school or public school district on Accredited - Probation status for failing to meet the Standards for Accreditation:
10.00 RIGHT OF APPEAL
In the event a public school or public school district believes the Division has improperly determined that any public school or public school district has failed to meet the Standards for Accreditation, the public school district shall have a right to file its written appeal with the office of the Commissioner of Education.
10.01 Any appeal shall be held at an open hearing, and the decision of the State Board of Education shall be in open session. The appeal must be filed no later than fifteen (15) calendar days.
10.02 The following procedures shall apply to State Board of Education hearings in which the public school district believes the Division improperly determined that the public school or public school district failed to meet the Standards for Accreditation:
10.03 The State Board of Education may approve the classification of the public school or public school district accreditation status, as determined by the Division, or it may sustain the appeal of the district.
10.04 Pursuant to Ark. Code Ann. § 6-15-203, an appeal from the ruling of the State Board of Education may be made by a public school district to the Pulaski County Circuit Court provided such appeal is made pursuant to the Arkansas Administrative Procedure Act, Ark. Code Ann. § 25-15-201 et seq.
11.00 WAIVER AUTHORITY AND PROCESS
11.01 Except as provided by Ark. Code Ann. § 6-15-202(b)(2), the State Board of Education on its own motion, or on petition from the Division or from a district, may, upon a showing of just cause in a public hearing of the State Board of Education, grant a waiver of any Standard for Accreditation for no longer than one (1) school year. However, no curricula, student performance, school performance, or any standard required by law may be waived for any time period.
11.02 A waiver of any Standard for Accreditation approved by the State Board of Education shall only apply to the school year in which it was granted. The approved waiver shall not apply to the next school year.
12.00 NOTIFICATION TO THE PUBLIC
When any public school or a public school district is determined by the State Board of Education to be in Accredited - Probation or Accredited - Corrective Action status for failure to meet the Standards for Accreditation, the public school district, after exhausting its rights to appeal, shall publish the accreditation status determination and findings of the State Board of Education to the public and the parents or guardians of each student enrolled in the public school or public school district determined to have failed to meet the Standards for Accreditation.
12.01 The public notice shall be in an understandable and uniform format;
12.02 Immediately after the State Board of Education's determination, the public notice shall be published or disseminated:
12.03 Documentation of the publication shall be posted on the district website under State - Required Information until the State Board of Education removes the status.
APPENDIX A - THE STANDARDS FOR ACCREDITATION
Standard 1: Academics
The academic system of a public school district ensures all students have access to a guaranteed viable curriculum aligned to the Arkansas Academic Standards for all academic areas.
Standard 1-A Curriculum and Instruction
Standard 1-B Academic Policies
Standard 1-C Student Performance
Standard 2: Student Support Services
The student support system of a public school district ensures that all students have equitable access to opportunities and supports to meet college, career and community readiness.
Standard 2-A Equitable Opportunities
Standard 2-B Attendance and Enrollment
Standard 2-C Comprehensive School Counseling Plan
Standard 2-D Media Center for Student Support
Standard 2-E Health and Safety Services
Standard 2-F Special Education Services
Standard 2-G Gifted and Talented Services
Standard 2-H Dyslexia Services
Standard 2-1 Alternative Education Services
Standard 2-J English Learner Services
Standard 3: District Operations and Fiscal Governance
The district operations and fiscal governance system of a public school district ensures alignment between resource allocation and meeting the needs of each student's academic success and well-being.
Standard 3-A Operating Policies, Procedures, and Training
Standard 3-B School-level Improvement Plans and Reporting
Standard 3-C Maintenance of Records and Reports
Standard 3-D Food Service
Standard 4: Human Capital
The human capital system of a public school district ensures recruitment, retention, and development of effective educators and support personnel to meet the needs of the whole child.
Standard 4-A Background Checks
Standard 4-B Superintendent
Standard 4-C Principals and other Building and District Administrators
Standard 4-D Teachers
Standard 4-E School Counselors
Standard 4-F Library Media Specialists
Standard 4-G Professional Development
Standard 5: Stakeholder Communication / Family and Community Engagement
The stakeholder communication / family and community engagement system of a public school district ensures stakeholders are engaged in meaningful communication to provide an effective learning experience for each student.
Standard 5-A Comprehensive Plan for Communication and Engagement
Standard 6: Facilities and Transportation
The facilities and transportation system of a public school district ensures a quality learning environment for Arkansas students.
Standard 6-A Facilities and Equipment