Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 28 - Division of Elementary and Secondary Education
Rule 005.28.20-028 - Rules Governing Eligibility and Financial Incentives for Professional Teacher Standards
Universal Citation: AR Admin Rules 005.28.20-028
Current through Register Vol. 49, No. 9, September, 2024
Arkansas Department of Education Arkansas Division of Elementary and Secondary Education Rules Governing Eligibility and Financial Incentives For National Board for Professional Teaching Standards
Effective Date: July 3, 2020
1.00 Regulatory Authority
1.1 These rules shall be known as the
Arkansas Department of Education Division Rules Governing Eligibility and
Financial Incentives for National Board for Professional Teaching Standards
(NBPTS) Candidacy and Certification.
1.2 These rules are enacted under the State
Board of Education's authority pursuant to Ark. Code Ann. §§
6-11-105,
6-17-412, and
6-17-413.
2.00 Purpose
2.1 To improve student learning and
strengthen teaching by encouraging teachers to participate in and complete
NBPTS certification;
2.2 To
authorize the Division to fund the full amount of the participation fee of the
NBPTS certification;
2.3 To
authorize the Division to fund financial incentives for NBCTS in
Arkansas;
2.4 To outline the
eligibility criteria and funding structure for the incentives; and
2.5 To outline the establishment of a support
program for NBPTS participants.
3.00 Definitions
For the purposes of these rules:
3.1
"Accredited Teacher Preparation
Program" means an educator preparation program that is:
3.1.1 Accredited by the Council for
Accreditation of Educator Preparation (CAEP);
3.1.2 Accredited by an accrediting
organization recognized by the U.S. Department of Education or the Council for
Higher Education Accreditation; or
3.1.3 Approved by the licensing authority of
a state government.
3.2
"Advisory Committee" means the ten (10) member team of three (3)
National Board Certified Teachers, three (3) National Board facilitators, and
four (4) educational administration or business representatives. One (1) of the
ten (10) members may be a Division staff member. The Advisory Committee advises
the Division on policy issues, assists in the support system, and recommends
criteria for the selection of candidates when all candidates cannot be funded.
Criteria shall be recommended by the Advisory Committee in accordance with law
for review and approval by the State Board.
3.3
"Classroom teacher" means a
teacher who is required to hold a standard teaching license from the Division
and who is engaged directly in instruction with students in a classroom setting
for more than seventy percent (70%) of the individual's contracted time, with
that 70% allowed to include:
3.3.1 Employment
by an educational service cooperative when the teacher provides direct student
services for a collaborative of school districts in public school buildings and
other instructional settings throughout the cooperative area; and
3.3.2 Instructional positions such as library
media specialist, school guidance counselor, literacy specialist, math
specialist, dyslexia specialist, or others for whom NBPTS certificates
specifically exist and who meet the definition of classroom teacher.
3.4
"Classroom
setting":
3.4.1 For the purpose of
eligibility for NBPTS candidacy funding means full-time assignment to a setting
in a specific Arkansas public school building or buildings in which a teacher
works directly with a student or students; and
3.4.2 For the purpose of eligibility for an
incentive bonus means full-time assignment to a setting in a school building(s)
or other instructional settings where a NBCT is directly involved in the
instructional process by teaching children, by facilitating the instructional
process through work with building teachers in classrooms, or by serving in the
role of building administrator, or assistant building administrator.
3.5 " Division" means
the Arkansas Department of Education Division of Elementary and Secondary
Education
3.6
"High-poverty
charter school" means an Arkansas open-enrollment public charter school
in which seventy percent (70%) or greater of the previous school year's
enrolled students are national school lunch students as defined in §
6-20-2303.
3.7
"High-poverty district"
means an Arkansas public school district in which seventy percent (70%) or
greater of the previous school year's enrolled students are national school
lunch students as defined in §
6-20-2303.
3.8
"High-poverty school" means
an Arkansas public school in which seventy percent (70%) or greater of the
previous school year's enrolled students are national school lunch students as
defined in §
6-20-2303.
3.9
"In the process of initial
certification" means that the individual has completed registration for
first-time candidacy (including payment of the NBPTS registration
fee).
3.10
"Instructional
facilitator"means an individual holding a valid Arkansas teacher's
license who facilitates continuous improvement in classroom instruction by
providing instructional and professional learning support to teachers for
research-based instruction and by demonstrating the alignment of instruction
with curriculum standards and assessment tools.
3.11
"Instructional leader"
means a building-level administrator who is responsible for evaluating teachers
or instructional staff. It shall include without limitation a building-level
administrator who is an evaluator as defined in Ark Code Ann. §
6-17-2803.
3.12
"National Board for Professional
Teaching Standards" means the independent board that certifies teachers
who meet advanced standards and certifications by effectively enhancing student
learning and demonstrating the high level of knowledge and skills,
dispositions, and commitments reflected in the following five core
propositions:
3.12.1 Teachers are committed to
students and their learning.
3.12.2
Teachers know the subjects they teach and how to teach those subjects to
students.
3.12.3 Teachers are
responsible for managing and monitoring student learning.
3.12.4 Teachers think systematically about
their practice and learn from experience.
3.12.5 Teachers are members of learning
communities.
3.13
"NBCT" means National Board Certified Teacher.
3.14
"NBPTS Candidacy" means an
applicant's participation in the NBPTS program for becoming a certified teacher
under these rules;
3.15
"Public School" means:
3.14.1 A
school operated by a public school district; or
3.14.2 An open-enrollment public charter
school, as defined in Ark. Code Ann. §
6-23-103.
3.16
"State Board" means the
Arkansas State Board of Education.
4.00 Selection Process for Payment for NBPTS Candidacy
4.1 Application
criteria:
4.1.1 An applicant shall complete
the official application process established by the Division;
4.1.2 An applicant shall not have received
prior state funding for NBPTS candidacy and must be applying for initial
candidacy;
4.1.3 An Applicant shall
verify at least three (3) years teaching experience in an Arkansas public
school beginning no earlier than the year in which the applicant's first
license to teach in an Arkansas public school is issued; and
4.2 Selection process:
4.2.1 A candidate shall meet or exceed the
minimum qualifying score for the application process approved by the State
Board.
4.2.2 NBPTS Advisory
Committee will review applications if full funding is not available and
recommend to the Division the candidates to be funded.
4.2.3 A candidate selected to receive state
funding must submit all NBPTS components within the first year candidacy
cycle.
4.3 Payment of
component costs for NBPTS Candidacy:
4.3.1 The
Division shall pay the following costs associated with NBPTS candidacy for
candidates selected for participation under these rules:
4.3.1.1 The cost of submission for the four
(4) components, excluding:
(a) the
application fee assessed by the National Board,
(b) retake fees, and
(c) renewal fees; and
4.3.1.2 Substitute teacher pay for up to
three (3) days of approved paid leave.
4.4 A candidate who pays for the cost of one
component may apply to the Division for reimbursement of that cost and for
state support of the remaining certification components if the Division
receives the application within 14 days days after the release of scores from
NBPTS. The Advisory Committee shall recommend a minimum qualifying score,
review the applications, and make a recommendation to the State Board for
funding. A candidate selected to receive reimbursement and state funding for
remaining components must submit all remaining NBPTS components within the
second year candidacy cycle.
4.5
Repayment of funding:
4.5.1 Repayment of state
funds for the NBPTS is required if a recipient:
4.5.1.1 Does not complete the certification
process within three (3) years after the NBPTS enters the candidate into its
certification program; or
4.5.1.2
Becomes a NBCT with the support of state funds, but for the three-year period
following certification that includes the year of certification and the two
years immediately following certification, does not teach in an Arkansas public
school classroom or does not serve as a building-level administrator, a
building-level assistant, an instructional facilitator, or instructional
leader, as applicable.
4.5.2 A candidate required to repay funds
under this section may seek a waiver of repayment from the State Board if the
candidate was forced to withdraw from candidacy due to:
4.5.2.1 The death or disability of the
teacher, or
4.5.2.2 Other serious
extenuating circumstances recommended by the Advisory Committee, including
without limitation health related problems verified by a licensed
physician.
4.6 The State Board may suspend a recipient's
teaching license for failure to repay state funds provided under these rules.
The teaching license may be reinstated upon full payment as provided in the
Division Rules Governing Educator Licensure.
5.00 Incentive Payments
5.1 A NBCT who began the process of initial
certification or was certified or recertified before January 1, 2018:
5.1.1 Shall receive a yearly incentive
payment if selected to participate in the NBPTS program under these rules,
and-if at the time of receiving the bonus: the NBCT is:
5.1.1.1 Employed full time as a classroom
teacher, building-level principal, or building-level assistant principal in an
Arkansas public school;
5.1.1.2 A
NBCT certified on or after August 1, 2009, and who after working a minimum of
three (3) years with National Board certification as a classroom teacher or as
a building-level administrator or building-level assistant administrator in an
Arkansas public school district is employed full time as a teacher in an
accredited teacher preparation program at a state-sponsored institution of
higher education;
5.1.1.3 A NBCT
who moved into the state on or before January 1, 2017, and is employed full
time as a classroom teacher, building-level principal, or building-level
assistant principal in an Arkansas public school; or
5.1.1.4 A NBCT certified on or after August
1, 2009, who moves moved into the state on or before January 1, 2017, and after
working a minimum of three (3) years with National Board certification as a
classroom teacher or as a building-level administrator or building-level
assistant administrator in an Arkansas public school district is employed full
time as a teacher in an accredited teacher preparation program at a
state-sponsored institution of higher education.
5.1.2 A NBCT who meets the qualifications of
Section 5.1 and is working full-time in a public school, that is not a
high-poverty school or a high-poverty charter school shall receive a gross
yearly incentive payment of five thousand dollars ($5,000) for the length of
the certification or the recertification, but for no more than ten (10) school
years.
5.1.3 A NBCT who meets the
qualifications of Section 5.1 and is working full-time in a public school that
is a high-poverty school that is not in a high-poverty school district shall
receive a gross yearly incentive payment of five thousand dollars ($5,000) for
the length of the certification or the recertification, but for no more than
ten (10) school years.
5.1.4 A
person who meets the qualifications of Section 5.1 and is working full-time in
a public school that is a high-poverty school in a high-poverty district or is
a high-poverty charter school shall receive a gross yearly incentive payment
often thousand dollars ($10,000) for the length of the certification or the
recertification, but for no more than ten (10) school years.
5.2 A NBCT who began the
certification process AND was certified after January 1, 2018, shall receive a
yearly incentive payment if the NBCT is a classroom teacher, an instructional
facilitator, or an instructional leader.
5.2.1
A NBCT who meets the qualifications of Section 5.2 and is working full-time in
a public school, that is not a high-poverty school or a high-poverty charter
school shall receive a gross yearly incentive payment of two thousand five
hundred dollars ($2,500) for no more than five (5) school years.
5.2.2 A NBCT who meets the qualifications of
Section 5.2 and is working full-time in a public school that is a high-poverty
school that is not in a high-poverty school district shall receive a gross
yearly incentive payment of five thousand dollars ($5,000) for no more than
five (5) school years.
5.2.3 A
person who meets the qualifications of Section 5.2 and is working full-time in
a public school that is a high-poverty school in a high-poverty district or is
a high-poverty charter school shall receive a gross yearly incentive payment of
ten thousand dollars ($10,000) for no more than ten (10) school
years.
5.3 Payments
shall be made annually by June 30 of each year A NBCT shall not receive an
incentive payment if the NBCT does not complete the annual profile by the date
determined by the Division.
5.4 A
person shall not receive in the same school year more than one (1) yearly
incentive payment under Section 5.2; and
5.5 A person shall not receive in the same
school year both an incentive payment under Sections 5.1 and 5.2.
5.5.1 A person who, as of December 1, 2017,
meets the qualifications for a yearly incentive payment under both Sections 5.1
and 5.2 may make an irrevocable election to receive future yearly incentives
under Section 5.2 by filing a written election with the Division no later than
July 1, 2019.
5.6 The
Division shall not pay an incentive or any increase in an incentive
retroactively.
5.7 The NBCT shall
not be eligible to receive an incentive payment if the NBCT:
5.7.1 Has received an incentive payment for a
cumulative total often (10) school years after January 1, 2018. Payments may
only be received for a maximum of ten (10) years if certified after January 1,
2018;
5.7.2 Leaves the full-time
employment of an Arkansas public school district;
5.7.3 Becomes employed as a district-level
central office administrator;
5.7.4
Is employed by an Arkansas institution of higher education and does not teach
in an accredited teacher preparation program; or
5.7.5 Is employed by an education service
cooperative and does not teach in a classroom setting with students.
5.8 A person shall not receive an
incentive payment under multiple sections of these rules in the same school
year.
5.9 A traveling teacher who
is eligible for an incentive payment under these rules shall receive the
incentive for the school that the teacher's contract identifies as the
teacher's home base.
6.00 Support Program for Teachers Selected to Participate in NBPTS Candidacy
6.1 The State Board will establish a support
program for teachers selected to participate in the NBPTS Program that provides
technical assistance to program applicants to ensure successful program
completion, which may include without limitation:
6.1.1 Establishing a variety of support
opportunities such as annual pre-candidacy orientations, regular meetings of
participants, telephone/email contact with facilitators and NBCTS, and Division
intervention with NBPTS if necessary;
6.1.2 Providing information on the NBPTS
state support program on the Division web site;
6.1.3 Providing other assistance, if
determined to be necessary by the Division.
6.2 Credit for professional development may
be obtained pursuant to school district policy.
7.00 Monitoring for NBPTS Program Participation
7.1 The public school
that employs a NBCT shall certify, and to the Division shall verify annually
the job code of that teacher to determine eligibility for an incentive
payment.
8.00 Funding Limitations
8.1
Provisions of these rules and Ark. Code Ann. §§
6-17-412 and
6-17-413 apply only to the extent
that funds are appropriated and available to the Division to pay for these
purposes.
8.2 Funding under
Sections 5.1.1.2 and 5.1.1.4. shall be paid only if funds are available after
funding all eligible candidates under Sections 5.1.1.1 and 5.1.1.3.
8.3 All incentive payments shall be made in
accordance with Division Rules governing payment of bonuses, stipends, and
other financial awards and incentives.
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