Current through Register Vol. 49, No. 9, September, 2024
1.00
AUTHORITY
1.01 The State Board of Education enacted
these rules pursuant to its authority as set forth in Ark. Code Ann.
§§
6-11-105,
6-44-303, and
25-15-201 et
seq.
2.00
DEFINITIONS
2.01 "Academic skill
intake assessment" means a criterion-referenced assessment of numeracy and
literacy skills with high reliability and validity as determined by third-party
research that is administered in person or online.
2.02 "Accredited" means an entity that holds
an active accreditation from:
2.02.1 One (1)
of the following regional accrediting organizations in the United States:
2.02.1.1 Middle States Commission on Higher
Education;
2.02.1.2 New England
Association of Schools and Colleges;
2.02.1.3 Higher Learning
Commission;
2.02.1.4 Northwest
Commission on Colleges and Universities;
2.02.1.5 Southern Association of Colleges and
Schools Commission on Colleges;
2.02.1.6 Accrediting Commission for Schools,
Western Association of Schools and Colleges;
2.02.1.7 Accrediting Commission for Community
and Junior Colleges; or
2.02.1.8 Any
successor entities or consolidation or merger of any of the regional
accreditors in the United States; or
2.02.2 Cognia.
2.03 "Adult dropout recovery services" means
any type of assistance provided to a student, including without limitation:
2.03.1 Sourcing, recruitment, and
engagement;
2.03.2 Learning plan
development;
2.03.3 Active teaching;
and
2.03.4 Proactive coaching and
mentoring.
2.04 "Approved
program provider" means a public, nonprofit, or other entity that satisfies the
requirements of section 3.02.
2.05
"Average cost per graduate" means the total amount of Arkansas Adult Diploma
Program funding disbursed to an approved program provider for a cohort through
the end of the measurement period divided by the total number of graduates from
the cohort during the measurement period.
2.06 "Career advising services" means
services designed to assist a student in obtaining employment, including
without limitation resume development and mock interviews.
2.07 "Career pathways coursework" means one
(1) or more courses that help a student enter into or advance within a specific
occupation or occupational cluster.
2.08 "Coaching" means proactive communication
between an approved program provider and a student related to the student's
pace and progress throughout his or her learning plan.
2.09 "Cohort" means the group of students who
enter the program between July 1 and June 30 of each program year.
2.10 "Employability skills certification"
means a certificate earned by students demonstrating professional nontechnical
skills through assessment, including without limitation the program standards
of the United States Department of Labor's "Skills to Pay the Bills: Mastering
Soft Skills for Workplace Success".
2.11 "Graduate" means a student who has
successfully completed all of the approved program provider requirements in
order to obtain a high school diploma.
2.12 "Graduation rate" means the total number
of graduates from a cohort who graduated during a measurement period divided by
the total number of students included in the same cohort.
2.13 "Graduation requirements" means Arkansas
course and credit requirements needed to earn a high school diploma from an
approved program provider.
2.14
"High school diploma" means a diploma issued by an accredited institution.
2.14.1 A high school diploma issued under
this subchapter is recognized as a secondary school diploma by this
state.
2.15 "Learning
plan" means a documented plan for courses or credits needed for each individual
in order to complete the program and to fulfill the graduation requirements of
an approved program provider.
2.16
"Measurement period" means the two-year period beginning July 1 of the year the
cohort begins through June 30 of the subsequent state fiscal year.
2.17 "Mentoring" means a direct relationship
between a coach and a student to facilitate the completion of the student's
learning plan designed to prepare the student to succeed in the program and the
student's future endeavors.
2.18
"Milestones" means the objective measures of progress for which payment is made
to an approved program provider under this subchapter, including:
2.18.1 Earned units of high school
credit;
2.18.2 Attainment of an
employability skills certification;
2.18.3 Attainment of a workforce credential;
and
2.18.4 Attainment of an
accredited high school diploma.
2.19 "Request for qualifications" means a
request for interested public, nonprofit, or other entities to submit evidence
that the entity meets the qualifications in section 3.02, and if confirmed by
the Department of Education, that the requestor is an approved program
provider.
2.20 "Student" means a
participant in the program who:
2.02.1 Is
twenty-one (21) years of age or older;
2.02.2 Is a resident of the state of
Arkansas; and
2.02.3 Has not earned
a high school diploma.
2.21 "Transcript evaluation" means a
documented summary of credits earned in previous public or private accredited
high schools compared with the program and approved program provider graduation
requirements.
2.22 "Unit of high
school credit" means credit awarded based on a student's demonstration that he
or she has successfully met the content expectation for the credit area as
defined by subject area standards, expectations, or guidelines.
2.23 "Workforce credential" means a
third-party credential that is:
2.23.1 Part of
a sequence of credentials that can be accumulated over time to build an
individual's qualifications to advance along a career pathway; or
2.23.2 A credential that:
2.23.2.1 Verifies an individual's
qualification or competence; and
2.23.2.2 Is:
2.23.2.2.a Issued by a third party with the
relevant authority to issue the credential; or
2.23.2.2.b Aligned with high-wage,
high-growth jobs in Arkansas, as defined by the Arkansas Workforce Development
Board.
3.00
APPROVED PROGRAM PROVIDERS
3.01 Annually by August 15, the Department of
Education shall issue a request for qualifications for public, nonprofit, or
other entities to apply to become approved program providers and participate in
the Arkansas Adult Diploma Program.
3.02 To become an approved program provider,
the entity must:
3.02.1 Be a regionally
accredited high school diploma-granting entity;
3.02.2 Have a minimum of two (2) years of
experience providing adult dropout recovery services;
3.02.3 Provide a course catalog that includes
all courses necessary to meet Arkansas graduation requirements; and
3.02.4 Have the ability to:
3.02.4.1 Provide academic skill intake
assessments and transcript evaluations;
3.02.4.2 Develop a learning plan for each
student that integrates graduation requirements and career goals;
3.02.4.3 Provide remediation opportunities in
literacy and numeracy;
3.02.4.4
Provide an employability skills certification;
3.02.4.5 Provide career pathways
coursework;
3.02.4.6 Provide
preparation for workforce credentials; and
3.02.4.7 Provide career advising
services.
3.03
The department shall announce the approved program providers no later than
October 15 annually.
3.03.1 Upon the
announcement of approval, an approved program provider may begin enrolling
students starting no later than November 15 each year.
3.03.2 Approved program providers shall
submit to the department a roster for the previous two years of enrolled
students who received services.
4.00
FUNDING AND PAYMENTS
4.01 An approved program provider may receive
reimbursement for an enrolled, eligible student who meets the milestones as
defined in 2.18, according to the chart listed in Appendix A.
4.02 An approved program provider shall not
receive funding for a student under this rule if the approved program provider
also receives federal or state funding or private tuition specifically for the
student.
4.03 Once a program
provider enrolls a student into its program, it shall provide the Department of
Education an anticipated cost of completion of the program for that student.
4.03.1 The program provider shall provide the
department an updated anticipated cost of completing the program after each
year the student completes.
4.03.2
The department will reserve funds for that student while the student is
enrolled in a program with an approved program provider.
4.04 An approved program provider shall
submit request for reimbursement invoices to the department no later than the
tenth (10th) calendar day of each month for
milestones met in the previous calendar month under the Arkansas Adult Diploma
Program.
4.04.1 An approved program provider
shall include with its reimbursement request a roster of students who received
services in the previous calendar month for which reimbursement was
requested.
4.05 The
department shall pay approved program providers in the order in which invoices
are submitted until all available funds are exhausted.
4.05.1 Once all available funds are
exhausted, the department shall notify all approved program providers that
funds are exhausted and approved program providers shall immediately stop
enrolling new students.
4.05.2 Once
all available funds are exhausted, an approved program provider can no longer
request reimbursement for enrolled students.
4.05.3 For purposes of this rule, "exhausted
funds" includes funds that have been expended and funds reserved that are
necessary for the anticipated cost of completion of the program per
student.
4.06 The
department shall provide a written update to an approved program provider by
the last calendar day of each month, including without limitation
the:
4.07 Aggregate total dollars
per student that have been paid to the approved program provider to date;
and
4.08 Estimated number of
enrollments still available for the program year.
5.00
ACCOUNTABILITY
5.01 After the close of the second fiscal
year of the Arkansas Adult Diploma Program and each year thereafter, the
Department of Education shall review data from each approved program provider
to ensure that each approved program provider is achieving minimum performance
standards under the program, including:
5.01.1
Minimum of fifty percent (50%) graduation rate for each cohort's measurement
period; and
5.01.2 Average cost per
graduate of seven thousand dollars ($7,000) or less for each cohort's
measurement period.
5.02
The department shall place an approved program provider that does not meet the
minimum program performance standards in sections 3.02 and 5.01 on probationary
status for the remainder of the fiscal year.
5.02.1 An approved program provider placed in
probationary status under section 5.02 will be required to submit an
improvement plan to the department.
5.03 An approved program provider that does
not meet the minimum performance standards and fails to improve performance
under its improvement plan for two (2) consecutive years shall be removed from
the approved program provider list.
6.00
REPORTING REQUIREMENTS
6.01 On or before August 15 of the second
fiscal year of the Arkansas Adult Diploma Program and each year thereafter,
each approved program provider participating in the program shall report the
following metrics to the Department of Education and to the Department of
Commerce, Office of Skills Development:
6.01.1
Total number of students for whom the approved program provider has received
payments under the program;
6.01.2
Total number of high school credits earned by students for whom the approved
program provider is receiving payments under the program;
6.01.3 Total number of employability skills
certifications issued to students for whom the approved program provider is
receiving payments under the program;
6.01.4 Total number of workforce credentials
earned, and the number and type of credential earned by each student, for each
type of funding under section 4.01 by students for whom the approved program
provider is receiving payments under the program;
6.01.5 Total number of students for whom the
approved program provider is receiving payments under the program who receive
high school diplomas;
6.01.6 Average
cost per graduate for the cohort for which the measurement period ended in the
prior fiscal year of the state and an updated average cost per graduate for any
previous cohort for which the measurement period has ended but a student from
the cohort achieved one (1) of the milestones described in section 5.01 in the
prior fiscal year of the state; and
6.01.7 Graduation rates for the cohort for
which the measurement period ended in the prior fiscal year of the state and
updated graduation rates from any previous cohort for which the measurement
period has ended but a student from the cohort achieved one (1) of the
milestones described in section 5.01.
6.02 On or before August 15 after the
conclusion of the first measurement period of the program and each year
thereafter in which payments under the program were dispersed for the prior
fiscal year of this state, each approved program provider that received
payments under section 4.00 for the preceding fiscal year shall report the
metrics in this section by cohort to the department.
Emergency Clause:
Whereas Act 546 of 2023 requires the State of Arkansas through
the Department of Education to administer the Adult Diploma Program through
rules promulgated by the State Board of Education; and
Whereas, the Arkansas Adult Diploma Act requires that a rule be
filed with the Arkansas Legislative Council by January of 2024;
Whereas, the Department has attempted to comply with statutory
deadlines, but has been finalizing rule language based on requirements
established during the development of the request for qualifications required
by the Act; and
Whereas, emergency promulgation of the Rules Governing the
Adult Diploma Program is required to comply with statutory deadlines.
THEREFORE, the State Board of Education hereby determines
pursuant to Ark. Code Ann. §
25-15-204 that immediate peril to
the welfare of the State will result without emergency promulgation of these
Rules.
Appendix A
A student who attains an industry-recognized credential
requiring between fifty and one hundred (50-100) hours of training.
|
$125.00
|
A student who completes an employability skills
certification program equal to at least one unit of high school credit obtained
through classroom or online instruction.
|
$250.00
|
A student who earns a unit of high school
credit.
|
$250.00
|
A student who attains an industry-recognized credential
requiring more than one hundred (100) hours of training.
|
$375.00
|
A student who attains a high school diploma.
|
$1000.00
|
A student who graduates and is placed in a job within
an in-demand career pathway.
|
$1,250.00
|