Arkansas 2023 Regular Session

Arkansas House Bill HB1795 Compare Versions

OldNewDifferences
11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 850 of the Regular Session
32 *TNL442* 3/29/2023 5:52:00 PM TNL442
43
54 State of Arkansas 1
65 94th General Assembly A Bill 2
76 Regular Session, 2023 HOUSE BILL 1795 3
87 4
98 By: Representative G. Hodges 5
109 6
1110 For An Act To Be Entitled 7
1211 AN ACT TO AMEND THE MINIMUM TEACHER COMPENSATION 8
1312 SCHEDULE UNDER THE P UBLIC SCHOOL FUNDING ACT OF 2003 9
1413 TO INCLUDE OPEN-ENROLLMENT PUBLIC CH ARTER SCHOOLS; 10
1514 AND FOR OTHER PURPOS ES. 11
1615 12
1716 13
1817 Subtitle 14
1918 TO AMEND THE MINIMUM TEACHER COMPENSATION 15
2019 SCHEDULE UNDER THE PUBLIC SCHOO L FUNDING 16
2120 ACT OF 2003 TO INCLUDE OPEN -ENROLLMENT 17
2221 PUBLIC CHARTER SCHOOLS. 18
2322 19
2423 20
2524 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
2625 22
2726 SECTION 1. Arkansas Code § 6 -17-2403 is amended to read as follows: 23
2827 6-17-2403. Minimum teacher compensation schedule — Definition. 24
2928 (a)(1) The board of directors in each public school district and open-25
3029 enrollment public charter school in the state shall pay classroom teachers a 26
3130 minimum base salary of fifty thousand dollars ($50,000). 27
3231 (2) To be eligible for f unds to implement the minimum base 28
3332 salary under this section, a each public school district and open-enrollment 29
3433 public charter school shall: 30
3534 (A) Revise each teacher contract or employment agreement 31
3635 by the 2023-2024 school year to require that each teac her in the public 32
3736 school district or open-enrollment public charter school is employed at least 33
3837 one hundred ninety (190) school days each year; 34
3938 (B)(i) Not adopt a personnel policy or incorporate terms 35
4039 into a personnel contract that provide more rights to personnel than those 36 HB1795
4140
4241 2 3/29/2023 5:52:00 PM TNL442
4342
4443
4544 provided under state law in effect during the term of the personnel contract. 1
4645 (ii) This subdivision (a)(2)(B) shall not be 2
4746 interpreted as: 3
4847 (a) Denying personnel rights provided by other 4
4948 laws, including without limitation due process; or 5
5049 (b) Prohibiting a public school district board 6
5150 of directors or open-enrollment public charter school governing body from 7
5251 specifying in its policy the timelines and processes for providing notice and 8
5352 an opportunity for a hearing as pro vided under § 6-13-636(d); 9
5453 (C) Not have a waiver of teacher salary requirements; and 10
5554 (D) Adopt an employee salary schedule. 11
5655 (b)(1) For the 2023 -2024 school year, each teacher shall be paid a 12
5756 salary that is at least two thousand dollars ($2,000) g reater than his or her 13
5857 current salary as of September 1, 2022. 14
5958 (2) To be eligible for funds to implement the increase under 15
6059 subdivision (b)(1) of this section, a each public school district and open-16
6160 enrollment public charter school shall: 17
6261 (A) Revise each teacher contract or employment agreement 18
6362 by the 2023-2024 school year to require that each teacher in the public 19
6463 school district or open-enrollment public charter school is employed at least 20
6564 one hundred ninety (190) school days each year; 21
6665 (B)(i) Not adopt a personnel policy or incorporate terms 22
6766 into a personnel contract that provide more rights to personnel than those 23
6867 provided under state law in effect during the term of the personnel contract. 24
6968 (ii) This subdivision (b)(2)(B) shall not be 25
7069 interpreted as denying personnel rights provided by other laws, including 26
7170 without limitation due process; and 27
7271 (C) Not have a waiver of teacher salary requirements. 28
7372 (c) To be eligible for funds to implement the salary increases under 29
7473 subsections (a) and (b) of this section, a each public school district and 30
7574 open-enrollment public charter school shall be open for on -site, in-person 31
7675 instruction for at least: 32
7776 (1) One hundred seventy -eight (178) days; or 33
7877 (2) One thousand sixty -eight (1,068) hours. 34
7978 (d) For purposes of the salary requirements described in this section, 35
8079 a "teacher" means an individual employed by a public school or an open-36 HB1795
8180
8281 3 3/29/2023 5:52:00 PM TNL442
8382
8483
8584 enrollment public charter school in the State of Arkansas in a full -time 1
8685 position that requires a valid Arkansas teac hing license, including without 2
8786 limitation a principal or assistant principal, unless the public school or 3
8887 open-enrollment public charter school has been issued a waiver by the State 4
8988 Board of Education. 5
9089 (e)(1) The minimum teacher compensation requirement s under this 6
9190 section do not apply to a part -time teacher or part -time paraprofessional 7
9291 employed by a public school district or an open-enrollment public charter 8
9392 school to work in an adult education program. 9
9493 (2) The minimum teacher compensation schedule for a part -time 10
9594 teacher or part-time paraprofessional employed by a public school district to 11
9695 work in an adult education program shall be established by the Adult 12
9796 Education Section and approved by the Director of the Division of Workforce 13
9897 Services. 14
9998 (f)(1) The funds allocated by the General Assembly for additional 15
10099 teacher compensation under this section shall only be used for teacher 16
101100 salaries. 17
102101 (2) To qualify for funding appropriated under this section, 18
103102 public school districts shall: 19
104103 (A)(i) Utilize an amount of state funds equal to eighty 20
105104 percent (80%) or more of the amount allocated for school -level personnel 21
106105 salaries, according to the adequacy funding matrix recommended by the Senate 22
107106 Committee on Education and the House Committee on Education for the previous 23
108107 school year, for teacher salaries and teacher raises. 24
109108 (ii) If meeting the requirement under subdivision 25
110109 (f)(2)(A)(i) of this section would impact student safety or potentially cause 26
111110 a public school district to go into fiscal distress under the Arkansas Fiscal 27
112111 Assessment and Accountability Program, § 6 -20-1901 et seq., the public school 28
113112 district may apply to the State Board of Education for a waiver from this 29
114113 requirement. 30
115114 (iii) If meeting th e requirement under subdivision 31
116115 (f)(2)(A)(i) of this section would negatively impact student safety or the 32
117116 fiscal stability or educational programs offered by an open -enrollment public 33
118117 charter school, the open -enrollment public charter school may apply to the 34
119118 charter authorizing panel for a waiver from this requirement ; and 35
120119 (B)(i) Certify with the Division of Elementary and 36 HB1795
121120
122121 4 3/29/2023 5:52:00 PM TNL442
123122
124123
125124 Secondary Education the number of certified teachers and the certified 1
126125 teachers' current contract salaries for each school year. 2
127126 (ii) A fund shall be created by the Department of 3
128127 Education to hold and distribute revenues authorized by this section for 4
129128 teacher minimum salary levels and teacher raises. 5
130129 (3) Each public school district and open-enrollment public 6
131130 charter school shall: 7
132131 (A) Report the total amount of state funds used for 8
133132 teacher salaries to the Division of Elementary and Secondary Education; and 9
134133 (B) Publish the information required under subdivision 10
135134 (f)(3)(A) of this section on the public school district's or open-enrollment 11
136135 public charter school's website. 12
137136 (g) This section shall not be interpreted to limit a public school 13
138137 district or an open-enrollment public charter school from creating a salary 14
139138 schedule for the public school district or open-enrollment public charter 15
140139 school. 16
141140 (h) The State Board of Education may promulgate rules to implement 17
142141 this subchapter. 18
143142 19
144143 20
145-APPROVED: 4/13/23 21
144+ 21
146145 22
147146 23
148147 24
149148 25
150149 26
151150 27
152151 28
153152 29
154153 30
155154 31
156155 32
157156 33
158157 34
159158 35
160159 36