3 | 2 | | *TNL442* 3/29/2023 5:52:00 PM TNL442 |
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4 | 3 | | |
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5 | 4 | | State of Arkansas 1 |
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6 | 5 | | 94th General Assembly A Bill 2 |
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7 | 6 | | Regular Session, 2023 HOUSE BILL 1795 3 |
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8 | 7 | | 4 |
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9 | 8 | | By: Representative G. Hodges 5 |
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10 | 9 | | 6 |
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11 | 10 | | For An Act To Be Entitled 7 |
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12 | 11 | | AN ACT TO AMEND THE MINIMUM TEACHER COMPENSATION 8 |
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13 | 12 | | SCHEDULE UNDER THE P UBLIC SCHOOL FUNDING ACT OF 2003 9 |
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14 | 13 | | TO INCLUDE OPEN-ENROLLMENT PUBLIC CH ARTER SCHOOLS; 10 |
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15 | 14 | | AND FOR OTHER PURPOS ES. 11 |
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16 | 15 | | 12 |
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17 | 16 | | 13 |
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18 | 17 | | Subtitle 14 |
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19 | 18 | | TO AMEND THE MINIMUM TEACHER COMPENSATION 15 |
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20 | 19 | | SCHEDULE UNDER THE PUBLIC SCHOO L FUNDING 16 |
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21 | 20 | | ACT OF 2003 TO INCLUDE OPEN -ENROLLMENT 17 |
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22 | 21 | | PUBLIC CHARTER SCHOOLS. 18 |
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23 | 22 | | 19 |
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24 | 23 | | 20 |
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25 | 24 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21 |
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26 | 25 | | 22 |
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27 | 26 | | SECTION 1. Arkansas Code § 6 -17-2403 is amended to read as follows: 23 |
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28 | 27 | | 6-17-2403. Minimum teacher compensation schedule — Definition. 24 |
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29 | 28 | | (a)(1) The board of directors in each public school district and open-25 |
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30 | 29 | | enrollment public charter school in the state shall pay classroom teachers a 26 |
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31 | 30 | | minimum base salary of fifty thousand dollars ($50,000). 27 |
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32 | 31 | | (2) To be eligible for f unds to implement the minimum base 28 |
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33 | 32 | | salary under this section, a each public school district and open-enrollment 29 |
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34 | 33 | | public charter school shall: 30 |
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35 | 34 | | (A) Revise each teacher contract or employment agreement 31 |
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36 | 35 | | by the 2023-2024 school year to require that each teac her in the public 32 |
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37 | 36 | | school district or open-enrollment public charter school is employed at least 33 |
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38 | 37 | | one hundred ninety (190) school days each year; 34 |
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39 | 38 | | (B)(i) Not adopt a personnel policy or incorporate terms 35 |
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40 | 39 | | into a personnel contract that provide more rights to personnel than those 36 HB1795 |
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41 | 40 | | |
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43 | 42 | | |
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44 | 43 | | |
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45 | 44 | | provided under state law in effect during the term of the personnel contract. 1 |
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46 | 45 | | (ii) This subdivision (a)(2)(B) shall not be 2 |
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47 | 46 | | interpreted as: 3 |
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48 | 47 | | (a) Denying personnel rights provided by other 4 |
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49 | 48 | | laws, including without limitation due process; or 5 |
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50 | 49 | | (b) Prohibiting a public school district board 6 |
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51 | 50 | | of directors or open-enrollment public charter school governing body from 7 |
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52 | 51 | | specifying in its policy the timelines and processes for providing notice and 8 |
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53 | 52 | | an opportunity for a hearing as pro vided under § 6-13-636(d); 9 |
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54 | 53 | | (C) Not have a waiver of teacher salary requirements; and 10 |
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55 | 54 | | (D) Adopt an employee salary schedule. 11 |
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56 | 55 | | (b)(1) For the 2023 -2024 school year, each teacher shall be paid a 12 |
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57 | 56 | | salary that is at least two thousand dollars ($2,000) g reater than his or her 13 |
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58 | 57 | | current salary as of September 1, 2022. 14 |
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59 | 58 | | (2) To be eligible for funds to implement the increase under 15 |
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60 | 59 | | subdivision (b)(1) of this section, a each public school district and open-16 |
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61 | 60 | | enrollment public charter school shall: 17 |
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62 | 61 | | (A) Revise each teacher contract or employment agreement 18 |
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63 | 62 | | by the 2023-2024 school year to require that each teacher in the public 19 |
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64 | 63 | | school district or open-enrollment public charter school is employed at least 20 |
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65 | 64 | | one hundred ninety (190) school days each year; 21 |
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66 | 65 | | (B)(i) Not adopt a personnel policy or incorporate terms 22 |
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67 | 66 | | into a personnel contract that provide more rights to personnel than those 23 |
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68 | 67 | | provided under state law in effect during the term of the personnel contract. 24 |
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69 | 68 | | (ii) This subdivision (b)(2)(B) shall not be 25 |
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70 | 69 | | interpreted as denying personnel rights provided by other laws, including 26 |
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71 | 70 | | without limitation due process; and 27 |
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72 | 71 | | (C) Not have a waiver of teacher salary requirements. 28 |
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73 | 72 | | (c) To be eligible for funds to implement the salary increases under 29 |
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74 | 73 | | subsections (a) and (b) of this section, a each public school district and 30 |
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75 | 74 | | open-enrollment public charter school shall be open for on -site, in-person 31 |
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76 | 75 | | instruction for at least: 32 |
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77 | 76 | | (1) One hundred seventy -eight (178) days; or 33 |
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78 | 77 | | (2) One thousand sixty -eight (1,068) hours. 34 |
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79 | 78 | | (d) For purposes of the salary requirements described in this section, 35 |
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80 | 79 | | a "teacher" means an individual employed by a public school or an open-36 HB1795 |
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81 | 80 | | |
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83 | 82 | | |
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84 | 83 | | |
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85 | 84 | | enrollment public charter school in the State of Arkansas in a full -time 1 |
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86 | 85 | | position that requires a valid Arkansas teac hing license, including without 2 |
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87 | 86 | | limitation a principal or assistant principal, unless the public school or 3 |
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88 | 87 | | open-enrollment public charter school has been issued a waiver by the State 4 |
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89 | 88 | | Board of Education. 5 |
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90 | 89 | | (e)(1) The minimum teacher compensation requirement s under this 6 |
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91 | 90 | | section do not apply to a part -time teacher or part -time paraprofessional 7 |
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92 | 91 | | employed by a public school district or an open-enrollment public charter 8 |
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93 | 92 | | school to work in an adult education program. 9 |
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94 | 93 | | (2) The minimum teacher compensation schedule for a part -time 10 |
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95 | 94 | | teacher or part-time paraprofessional employed by a public school district to 11 |
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96 | 95 | | work in an adult education program shall be established by the Adult 12 |
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97 | 96 | | Education Section and approved by the Director of the Division of Workforce 13 |
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98 | 97 | | Services. 14 |
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99 | 98 | | (f)(1) The funds allocated by the General Assembly for additional 15 |
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100 | 99 | | teacher compensation under this section shall only be used for teacher 16 |
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101 | 100 | | salaries. 17 |
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102 | 101 | | (2) To qualify for funding appropriated under this section, 18 |
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103 | 102 | | public school districts shall: 19 |
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104 | 103 | | (A)(i) Utilize an amount of state funds equal to eighty 20 |
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105 | 104 | | percent (80%) or more of the amount allocated for school -level personnel 21 |
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106 | 105 | | salaries, according to the adequacy funding matrix recommended by the Senate 22 |
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107 | 106 | | Committee on Education and the House Committee on Education for the previous 23 |
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108 | 107 | | school year, for teacher salaries and teacher raises. 24 |
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109 | 108 | | (ii) If meeting the requirement under subdivision 25 |
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110 | 109 | | (f)(2)(A)(i) of this section would impact student safety or potentially cause 26 |
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111 | 110 | | a public school district to go into fiscal distress under the Arkansas Fiscal 27 |
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112 | 111 | | Assessment and Accountability Program, § 6 -20-1901 et seq., the public school 28 |
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113 | 112 | | district may apply to the State Board of Education for a waiver from this 29 |
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114 | 113 | | requirement. 30 |
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115 | 114 | | (iii) If meeting th e requirement under subdivision 31 |
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116 | 115 | | (f)(2)(A)(i) of this section would negatively impact student safety or the 32 |
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117 | 116 | | fiscal stability or educational programs offered by an open -enrollment public 33 |
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118 | 117 | | charter school, the open -enrollment public charter school may apply to the 34 |
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119 | 118 | | charter authorizing panel for a waiver from this requirement ; and 35 |
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120 | 119 | | (B)(i) Certify with the Division of Elementary and 36 HB1795 |
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121 | 120 | | |
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123 | 122 | | |
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124 | 123 | | |
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125 | 124 | | Secondary Education the number of certified teachers and the certified 1 |
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126 | 125 | | teachers' current contract salaries for each school year. 2 |
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127 | 126 | | (ii) A fund shall be created by the Department of 3 |
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128 | 127 | | Education to hold and distribute revenues authorized by this section for 4 |
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129 | 128 | | teacher minimum salary levels and teacher raises. 5 |
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130 | 129 | | (3) Each public school district and open-enrollment public 6 |
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131 | 130 | | charter school shall: 7 |
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132 | 131 | | (A) Report the total amount of state funds used for 8 |
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133 | 132 | | teacher salaries to the Division of Elementary and Secondary Education; and 9 |
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134 | 133 | | (B) Publish the information required under subdivision 10 |
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135 | 134 | | (f)(3)(A) of this section on the public school district's or open-enrollment 11 |
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136 | 135 | | public charter school's website. 12 |
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137 | 136 | | (g) This section shall not be interpreted to limit a public school 13 |
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138 | 137 | | district or an open-enrollment public charter school from creating a salary 14 |
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139 | 138 | | schedule for the public school district or open-enrollment public charter 15 |
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140 | 139 | | school. 16 |
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141 | 140 | | (h) The State Board of Education may promulgate rules to implement 17 |
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142 | 141 | | this subchapter. 18 |
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144 | 143 | | 20 |
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