1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
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2 | 2 | | *TNL202* 02/20/2025 9:29:56 AM TNL202 |
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3 | 3 | | State of Arkansas 1 |
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4 | 4 | | 95th General Assembly A Bill 2 |
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5 | 5 | | Regular Session, 2025 HOUSE BILL 1539 3 |
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6 | 6 | | 4 |
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7 | 7 | | By: Representatives A. Collins, D. Garner, Gonzales Worthen, McCullough, Springer 5 |
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8 | 8 | | 6 |
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9 | 9 | | 7 |
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10 | 10 | | For An Act To Be Entitled 8 |
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11 | 11 | | AN ACT TO AMEND THE PUBLIC SCHOOL FUNDING ACT OF 9 |
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12 | 12 | | 2003; TO ADD AN ADDITIONAL EDUCATION CATEGORY OF 10 |
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13 | 13 | | FUNDING FOR SPECIAL EDUCATION; AND FOR OTHER 11 |
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14 | 14 | | PURPOSES. 12 |
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15 | 15 | | 13 |
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16 | 16 | | 14 |
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17 | 17 | | Subtitle 15 |
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18 | 18 | | TO AMEND THE PUBLIC SCHOOL FUNDING ACT 16 |
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19 | 19 | | OF 2003; AND TO ADD AN ADDITIONAL 17 |
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20 | 20 | | EDUCATION CATEGORY OF FUNDING FOR 18 |
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21 | 21 | | SPECIAL EDUCATION. 19 |
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22 | 22 | | 20 |
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23 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21 |
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24 | 24 | | 22 |
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25 | 25 | | SECTION 1. DO NOT CODIFY. Legislative findings and intent. 23 |
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26 | 26 | | The General Assembly finds that: 24 |
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27 | 27 | | (1) Under the Arkansas Constitution, the General Assembly must 25 |
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28 | 28 | | provide funding for an adequate and equitable education for every child in 26 |
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29 | 29 | | the State of Arkansas; 27 |
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30 | 30 | | (2) To provide an adequate and equitable education for every 28 |
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31 | 31 | | child in the state, the General Assembly should adopt the recommendations 29 |
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32 | 32 | | presented by the House Committee on Education and Senate Committee on 30 |
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33 | 33 | | Education in the 2024 Educational Adequacy Study final report for funding 31 |
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34 | 34 | | public schools in the upcoming biennium, except in the areas of special 32 |
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35 | 35 | | education, staff pay, and mental health; 33 |
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36 | 36 | | (3) Special education funding should be increased and moved from 34 |
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37 | 37 | | foundation funding to categorical funding; 35 |
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38 | 38 | | (4) Special education is underfunded by the state according to 36 HB1539 |
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39 | 39 | | |
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40 | 40 | | 2 02/20/2025 9:29:56 AM TNL202 |
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41 | 41 | | the 2024 Educational Adequacy Study, with seventy -two percent (72%) of 1 |
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42 | 42 | | superintendents reporting that their school districts are in moderate or 2 |
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43 | 43 | | extreme need of more funding for special education teachers; 3 |
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44 | 44 | | (5) Special education funds are currently allocated by the 4 |
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45 | 45 | | number of students in a school district rather than the number of students 5 |
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46 | 46 | | with special needs in a school district, leading to a mismatch of funds; 6 |
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47 | 47 | | (6) Special education funds are part of foundation funding, 7 |
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48 | 48 | | meaning they do not currently have to be spent on special education, but if 8 |
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49 | 49 | | they were categorical funds, they would have to be spent on only special 9 |
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50 | 50 | | education; 10 |
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51 | 51 | | (7) Public school classified staff members should get a real 11 |
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52 | 52 | | raise; 12 |
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53 | 53 | | (8) Public school classified staff members are vital members of 13 |
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54 | 54 | | a learning community and are often underpaid; 14 |
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55 | 55 | | (9) Inadequate pay for public school classified staff members 15 |
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56 | 56 | | negatively impacts a public school district's ability to recruit and retain 16 |
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57 | 57 | | quality public school classified staff members, which negatively impacts the 17 |
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58 | 58 | | student experience, school morale, and educational outcomes; 18 |
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59 | 59 | | (10)(A) In 2023, the General Assembly approved foundation 19 |
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60 | 60 | | funding, including what the biennial matrix called a “$2 salary increase”, 20 |
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61 | 61 | | for public school classified staff members. 21 |
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62 | 62 | | (B) Despite approving a salary increase, there was enough 22 |
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63 | 63 | | money allocated for only five and four -tenths (5.4) full-time equivalent 23 |
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64 | 64 | | classified staff members per five hundred (500) students, whereas there are 24 |
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65 | 65 | | actually twenty-nine and eight-tenths (29.8) full-time equivalent public 25 |
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66 | 66 | | school classified staff members per five hundred (500) students in Arkansas 26 |
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67 | 67 | | public schools, meaning that the “$2 salary increase” was only a 30 cents 27 |
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68 | 68 | | (30¢) per hour raise when spread among all full -time public school equivalent 28 |
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69 | 69 | | classified staff members; 29 |
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70 | 70 | | (11) The state should not only deliver on its previous promise 30 |
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71 | 71 | | of funding a two dollars ($2.00) per hour raise for public school classified 31 |
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72 | 72 | | staff members, but should catch up with inflation and deliver a four dollars 32 |
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73 | 73 | | ($4.00) per hour raise for public school classified staff members, ensuring 33 |
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74 | 74 | | that the funding is there to pay every public school classified staff member 34 |
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75 | 75 | | at least fifteen dollars ($15.00) per hour; 35 |
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76 | 76 | | (12) Funding should be added for more counselors and social 36 HB1539 |
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77 | 77 | | |
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78 | 78 | | 3 02/20/2025 9:29:56 AM TNL202 |
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79 | 79 | | workers in public schools; 1 |
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80 | 80 | | (13) Mental health is a statewide crisis, especially among 2 |
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81 | 81 | | youth; 3 |
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82 | 82 | | (14) Public school counselors perform many functions that 4 |
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83 | 83 | | directly and indirectly impact youth mental health, but due to limited public 5 |
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84 | 84 | | school district funds and a statewide counselor shortage, public school 6 |
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85 | 85 | | counselors are often overworked and asked to perform functions outside their 7 |
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86 | 86 | | intended responsibilities; and 8 |
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87 | 87 | | (15) The state should provide sufficient funding for either two 9 |
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88 | 88 | | (2) counselors per five hundred (500) students or one (1) counselor and one 10 |
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89 | 89 | | (1) social worker per five hundred (500) students to improve counselor 11 |
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90 | 90 | | working conditions and student outcomes. 12 |
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91 | 91 | | 13 |
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92 | 92 | | SECTION 2. Arkansas Code § 6 -20-2305(a)(2), concerning per -student 14 |
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93 | 93 | | foundation funding amounts under the Public School Funding Act of 2003, is 15 |
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94 | 94 | | amended to read as follows: 16 |
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95 | 95 | | (2)(A) For the 2023-2024 2025-2026 school year, the foundation 17 |
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96 | 96 | | funding amount is equal to seven thousand six hundred eighteen dollars 18 |
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97 | 97 | | ($7,618) eight thousand one hundred sixty -five dollars ($8,165) multiplied by 19 |
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98 | 98 | | the school district's average daily membership for the previous school year. 20 |
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99 | 99 | | (B) For the 2024-2025 2026-2027 school year and each 21 |
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100 | 100 | | school year thereafter, the foundation funding amount is equal to seven 22 |
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101 | 101 | | thousand seven hundred seventy -one dollars ($7,771) eight thousand three 23 |
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102 | 102 | | hundred sixty-one dollars ($8,361) multiplied by the school district's 24 |
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103 | 103 | | average daily membership for the previous school year. 25 |
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104 | 104 | | 26 |
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105 | 105 | | SECTION 3. Arkansas Code § 6 -20-2305(b)(2)(A), concernign alternative 27 |
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106 | 106 | | learning environment funding under the Public School Funding Act of 2003, is 28 |
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107 | 107 | | amended to read as follows: 29 |
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108 | 108 | | (2)(A)(i) For the 2023-2024 2025-2026 school year, alternative 30 |
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109 | 109 | | learning environment funding shall be four thousand nine hundred eighty -seven 31 |
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110 | 110 | | dollars ($4,987) five thousand two hundred twelve dollars ($5,212) multiplied 32 |
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111 | 111 | | by the number of identified alternative learning environment students 33 |
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112 | 112 | | enrolled during the previous school year. 34 |
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113 | 113 | | (ii) For the 2024-2025 2026-2027 school year, 35 |
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114 | 114 | | alternative learning environment funding shall be five thousand eighty -six 36 HB1539 |
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115 | 115 | | |
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117 | 117 | | dollars ($5,086) five thousand three hundred forty -one dollars ($5,341) 1 |
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118 | 118 | | multiplied by the number of identified alternative learning environment 2 |
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119 | 119 | | students enrolled during the previous school year. 3 |
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120 | 120 | | (iii) Funding for students in alternative learning 4 |
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121 | 121 | | environments shall be distributed based on rules promulgated by the State 5 |
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122 | 122 | | Board of Education. 6 |
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123 | 123 | | 7 |
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124 | 124 | | SECTION 4. Arkansas Code § 6 -20-2305(b)(3), concerning funding for 8 |
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125 | 125 | | English learners under the Public School Funding Act of 2003, is amended to 9 |
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126 | 126 | | read as follows: 10 |
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127 | 127 | | (3)(A) For the 2023-2024 2025-2026 school year, funding for 11 |
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128 | 128 | | students who are identified as English learners shall be three hundred sixty-12 |
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129 | 129 | | six dollars ($366) three hundred seventy -five dollars ($375) for each 13 |
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130 | 130 | | identified English learner. 14 |
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131 | 131 | | (B) Funding for English learners shall be distributed to 15 |
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132 | 132 | | public school districts for students who have been identified as not 16 |
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133 | 133 | | proficient in the English language based upon a state -approved English 17 |
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134 | 134 | | proficiency assessment instrument. 18 |
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135 | 135 | | (C) Funds allocated for English learners to public school 19 |
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136 | 136 | | districts under this subchapter shall be expended only for eligible 20 |
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137 | 137 | | activities as identified in current rules promulgated by the State Board of 21 |
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138 | 138 | | Education and are a supplement to funding for national school lunch students 22 |
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139 | 139 | | provided in subdivision (b)(4) of this section. 23 |
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140 | 140 | | (D) For the 2024-2025 2026-2027 school year and each 24 |
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141 | 141 | | school year thereafter, funding for students who are identified as English 25 |
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142 | 142 | | learners shall be three hundred sixty-six dollars ($366) three hundred eight-26 |
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143 | 143 | | four dollars ($384) for each identified English learner. 27 |
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144 | 144 | | 28 |
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145 | 145 | | SECTION 5. Arkansas Code § 6 -20-2305(b)(4)(A), concerning Enhanced 29 |
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146 | 146 | | Student Achievement Funding under the Public School Funding Act of 2003, is 30 |
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147 | 147 | | amended to read as follows: 31 |
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148 | 148 | | (4)(A) Enhanced Student Achievement Funding for each identified 32 |
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149 | 149 | | national school lunch student shall be as follows: 33 |
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150 | 150 | | (i) For a public school district in which ninety 34 |
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151 | 151 | | percent (90%) or more of the previous school year's enrolled students are 35 |
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152 | 152 | | national school lunch students, the amount of per -student Enhanced Student 36 HB1539 |
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153 | 153 | | |
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155 | 155 | | Achievement Funding for the 2023-2024 2025-2026 school year is one thousand 1 |
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156 | 156 | | six hundred thirteen dollars ($1,613) one thousand six hundred fifty -three 2 |
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157 | 157 | | dollars ($1,653) and for the 2024-2025 2026-2027 school year is one thousand 3 |
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158 | 158 | | six hundred thirteen dollars ($1,613) one thousand six hundred ninety -four 4 |
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159 | 159 | | dollars ($1,694); 5 |
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160 | 160 | | (ii) For a public school district in which at least 6 |
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161 | 161 | | seventy percent (70%) but less than ninety percent (90%) of the previous 7 |
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162 | 162 | | school year's enrolled students are national school lunch students, the 8 |
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163 | 163 | | amount of per-student Enhanced Student Achievement Funding for the 2023-2024 9 |
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164 | 164 | | 2025-2026 school year is one thousand seventy -six dollars ($1,076) one 10 |
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165 | 165 | | thousand one hundred and three ($1,103) and for the 2024-2025 2026-2027 11 |
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166 | 166 | | school year is one thousand seventy -six dollars ($1,076) one thousand one 12 |
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167 | 167 | | hundred thirty dollars ($1,130) ; and 13 |
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168 | 168 | | (iii) For a public school district in which less than 14 |
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169 | 169 | | seventy percent (70%) of the previous school year's enrolled students are 15 |
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170 | 170 | | national school lunch students, the amount of per -student Enhanced Student 16 |
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171 | 171 | | Achievement Funding for the 2023-2024 2025-2026 school year is five hundred 17 |
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172 | 172 | | thirty-eight dollars ($538) five hundred fifty-one dollars ($551) and for the 18 |
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173 | 173 | | 2024-2025 2026-2027 school year is five hundred thirty-eight dollars ($538) 19 |
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174 | 174 | | five hundred sixty-five dollars ($565). 20 |
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175 | 175 | | 21 |
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176 | 176 | | SECTION 6. Arkansas Code § 6 -20-2305(b)(5)(C)(i), concerning 22 |
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177 | 177 | | professional development funding for professional learning communities under 23 |
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178 | 178 | | the Public School Funding Act of 2003, is amended to read as follows: 24 |
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179 | 179 | | (C)(i) For the 2023-2024 2025-2026 school year and each 25 |
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180 | 180 | | school year thereafter, additional funding up to sixteen million five hundred 26 |
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181 | 181 | | thousand dollars ($16,500,000) provided for professional development above 27 |
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182 | 182 | | the amount in subdivision (b)(5)(A) of this section shall be used by the 28 |
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183 | 183 | | Division of Elementary and Secondary Education for the development and 29 |
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184 | 184 | | administration of professional learning communities for the benefit of public 30 |
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185 | 185 | | school districts. 31 |
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186 | 186 | | 32 |
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187 | 187 | | SECTION 7. Arkansas Code § 6 -20-2305(b)(6)(A), concerning the 33 |
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188 | 188 | | statewide target average annual salary for teachers under the Public School 34 |
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189 | 189 | | Funding Act of 2003, is amended to read as follows: 35 |
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190 | 190 | | (6)(A)(i) Beginning with the 2021 -2022 school year, for school 36 HB1539 |
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191 | 191 | | |
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193 | 193 | | districts identified by the Division of Elementary and Secondary Education as 1 |
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194 | 194 | | having an average annual teacher salary below the statewide target average 2 |
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195 | 195 | | annual salary, teacher salary equalization funding shall be equal to one 3 |
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196 | 196 | | hundred eighty-five dollars ($185) multiplied by the average daily membership 4 |
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197 | 197 | | of the school district for the previous school year. 5 |
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198 | 198 | | (ii) For the 2023-2024 2025-2026 and 2024-2025 2026-6 |
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199 | 199 | | 2027 school years, the statewide target average annual salary shall be fifty -7 |
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200 | 200 | | one thousand eight hundred twenty -two dollars ($51,822). 8 |
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201 | 201 | | (iii) The House Committee on Education and the Senate 9 |
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202 | 202 | | Committee on Education shall set jointly the statewide target average annual 10 |
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203 | 203 | | salary for the 2025-2026 2027-2028 and 2026-2027 2028-2029 school years, and 11 |
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204 | 204 | | each biennium thereafter, as part of the adequacy review process required 12 |
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205 | 205 | | under § 10-3-2102. 13 |
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206 | 206 | | 14 |
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207 | 207 | | SECTION 8. Arkansas Code § 6 -20-2305(b), concerning education 15 |
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208 | 208 | | categories of funding in addition to state foundation funding aid, is amended 16 |
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209 | 209 | | to add an additional subdivision to read as follows: 17 |
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210 | 210 | | (7)(A) For the 2025 -2026 school year and each school year 18 |
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211 | 211 | | thereafter, special education funding shall be three thousand eight hundred 19 |
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212 | 212 | | sixty-two dollars ($3,862) multiplied by the number of students who receive 20 |
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213 | 213 | | special education and related services required by an individualized 21 |
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214 | 214 | | education plan. 22 |
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215 | 215 | | (B) Funding for students who receive special education and 23 |
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216 | 216 | | related services required by an individualized education plan under 24 |
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217 | 217 | | subdivision (b)(7)(A) of this section shall be distributed based on rules 25 |
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218 | 218 | | promulgated by the state board. 26 |
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219 | 219 | | (C) Funding for students who receive special education and 27 |
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220 | 220 | | related services required by an individualized education plan shall not be 28 |
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221 | 221 | | incorporated into the state foundation funding aid amount established under 29 |
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222 | 222 | | subsection (a) of this section. 30 |
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228 | 228 | | 36 |
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