Old | New | Differences | |
---|---|---|---|
1 | 1 | Stricken language would be deleted from and underlined language would be added to present law. | |
2 | - | Act 800 of the Regular Session | |
3 | - | *TNL093* 04-07-2025 10:31:54 TNL093 | |
4 | - | ||
5 | - | State of Arkansas As Engrossed: H3/31/25 H4/7/25 1 | |
2 | + | *TNL093* 03/03/2025 4:06:30 PM TNL093 | |
3 | + | State of Arkansas 1 | |
6 | 4 | 95th General Assembly A Bill 2 | |
7 | 5 | Regular Session, 2025 HOUSE BILL 1672 3 | |
8 | 6 | 4 | |
9 | 7 | By: Representative McCollum 5 | |
10 | 8 | By: Senator J. Boyd 6 | |
11 | 9 | 7 | |
12 | 10 | For An Act To Be Entitled 8 | |
13 | 11 | AN ACT TO REPEAL THE LAWS CONCERNING THE DISTRICT OF 9 | |
14 | 12 | INNOVATION PROGRAM; TO AMEND PROVISIONS OF THE 10 | |
15 | 13 | ARKANSAS CODE TO CREATE A MORE EFFICIENT SYSTEM FOR 11 | |
16 | 14 | PUBLIC SCHOOLS OF INNOVATION IN ARKANSAS; TO AMEND 12 | |
17 | 15 | THE ARKANSAS QUALITY CHARTER SCHOOLS ACT OF 2013; AND 13 | |
18 | 16 | FOR OTHER PURPOSES. 14 | |
19 | 17 | 15 | |
20 | 18 | 16 | |
21 | 19 | Subtitle 17 | |
22 | 20 | TO AMEND PROVISIONS OF THE ARKANSAS CODE 18 | |
23 | 21 | TO CREATE A MORE EFFICIENT SYSTEM FOR 19 | |
24 | 22 | PUBLIC SCHOOLS OF INNOVATION IN 20 | |
25 | 23 | ARKANSAS. 21 | |
26 | 24 | 22 | |
27 | 25 | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 | |
28 | 26 | 24 | |
29 | 27 | SECTION 1. Arkansas Code § 6 -15-1004(c)(5), concerning licensure 25 | |
30 | 28 | exemptions that allow a teacher to teach a grade level or subject for which 26 | |
31 | 29 | he or she is not fully or provisionally licensed under the Arkansas Public 27 | |
32 | 30 | Education Act of 1997, is amended to read as follows: 28 | |
33 | 31 | (5) A licensure exception under: 29 | |
34 | 32 | (A) A District of Innovation Program, § 6 -15-2801 et seq.; 30 | |
35 | 33 | (B)(A) The Arkansas Quality Charter Schools Act of 2013, § 31 | |
36 | 34 | 6-23-101 et seq.; or 32 | |
37 | 35 | (C)(B) Section 6-15-103; 33 | |
38 | 36 | 34 | |
39 | 37 | SECTION 2. Arkansas Code Title 6, Chapter 15, Subchapter 28, is 35 | |
40 | - | repealed. 36 | |
38 | + | repealed. 36 HB1672 | |
41 | 39 | ||
42 | - | 2 04-07-2025 10:31:54 TNL093 | |
43 | - | ||
44 | - | ||
40 | + | 2 03/03/2025 4:06:30 PM TNL093 | |
45 | 41 | 6-15-2801. Definitions. 1 | |
46 | 42 | As used in this subchapter: 2 | |
47 | 43 | (1) “District of innovation” means a public school district with 3 | |
48 | 44 | one (1) or more schools of innovation that has: 4 | |
49 | 45 | (A) Submitted a school of innovation application in 5 | |
50 | 46 | compliance with § 6-15-2803; 6 | |
51 | 47 | (B) Obtained necessary exceptions from laws, rules, and 7 | |
52 | 48 | local policies to improve the educational performance of students from the 8 | |
53 | 49 | Commissioner of Elementary and Secondary Education; and 9 | |
54 | 50 | (C) Been approved as a district of innovation by the 10 | |
55 | 51 | commissioner; 11 | |
56 | 52 | (2) “Eligible employees” means the employees who are employed at 12 | |
57 | 53 | a school that is considering being designated as a school of innovation; 13 | |
58 | 54 | (3) “Innovation” means a new or creative alternative to the 14 | |
59 | 55 | existing instructional and administrative practices that is intended to 15 | |
60 | 56 | improve academic performance and learning for all students; 16 | |
61 | 57 | (4)(A)(i) “School council of innovation” means a body of 17 | |
62 | 58 | individuals from a current or aspiring school of innovation composed of 18 | |
63 | 59 | teachers, classified employees, the building -level principal or his or her 19 | |
64 | 60 | administrative designee, parents, community members, a minimum of two (2) 20 | |
65 | 61 | students from the school of innovation, and other interested parties selected 21 | |
66 | 62 | by the school council of innovation to participate. 22 | |
67 | 63 | (ii) The teacher representatives shall be elected by 23 | |
68 | 64 | a majority vote of the school's licensed eligible employees. 24 | |
69 | 65 | (iii) The classified representatives shall be elected 25 | |
70 | 66 | by a majority vote of the school's classified eligible employees. 26 | |
71 | 67 | (iv)(a) The parent representatives shall be 27 | |
72 | 68 | selected by a majority vote of the attendees at a meeting called for the 28 | |
73 | 69 | purpose of selecting the school's parent representatives and shall have a 29 | |
74 | 70 | child in the school to be eligible to serve on the school council of 30 | |
75 | 71 | innovation. 31 | |
76 | 72 | (b) Schools with a ten percent (10%) or 32 | |
77 | 73 | greater minority student population shall have minority representation on the 33 | |
78 | 74 | school council of innovation. 34 | |
79 | 75 | (B) The school council of innovation shall: 35 | |
80 | - | (i) Generate innovative ideas and proposals of its 36 | |
76 | + | (i) Generate innovative ideas and proposals of its 36 HB1672 | |
81 | 77 | ||
82 | - | 3 04-07-2025 10:31:54 TNL093 | |
83 | - | ||
84 | - | ||
78 | + | 3 03/03/2025 4:06:30 PM TNL093 | |
85 | 79 | own; 1 | |
86 | 80 | (ii) Determine a method for requesting innovative 2 | |
87 | 81 | ideas and proposals from school employees, community members, and other 3 | |
88 | 82 | stakeholders to be submitted to the school council of innovation; 4 | |
89 | 83 | (iii) Receive innovative ideas and proposals from 5 | |
90 | 84 | school employees, community members, and other stakeholders; 6 | |
91 | 85 | (iv) Consider all innovative ideas and proposals 7 | |
92 | 86 | submitted by community members and other stakeholders; and 8 | |
93 | 87 | (v) Determine the content and format of the plan 9 | |
94 | 88 | that will be voted on by the eligible employees. 10 | |
95 | 89 | (C) The school council of innovation may create 11 | |
96 | 90 | subcommittees, which may include noncouncil members, to work on developing 12 | |
97 | 91 | portions of the plan; and 13 | |
98 | 92 | (5)(A) “School of innovation” means a school that participates 14 | |
99 | 93 | in a district of innovation to transform and improve teaching and learning. 15 | |
100 | 94 | (B) A school of innovation's plan is subject to the 16 | |
101 | 95 | exceptions approved by the commissioner for the school of innovation. 17 | |
102 | 96 | 18 | |
103 | 97 | 6-15-2802. School of innovation designation — Rules. 19 | |
104 | 98 | (a)(1) The Commissioner of Elementary and Secondary Education may 20 | |
105 | 99 | approve a public school's application to become a school of innovation for 21 | |
106 | 100 | the purpose of transforming and improving the teaching and learning under § 22 | |
107 | 101 | 6-15-2803. 23 | |
108 | 102 | (2) The Division of Elementary and Secondary Education may 24 | |
109 | 103 | designate a public school as a school of innovation under subdivision (a)(1) 25 | |
110 | 104 | of this section if the public school has met the objectives outlined in the 26 | |
111 | 105 | public school's application to become a school of innovation within the time 27 | |
112 | 106 | period established in the public school's application. 28 | |
113 | 107 | (b)(1) A school of innovation shall be approved for a period of four 29 | |
114 | 108 | (4) years and may be renewed for four -year periods thereafter. 30 | |
115 | 109 | (2) The commissioner may revoke a public school's school of 31 | |
116 | 110 | innovation designation if the public school fails to substantially fulfill 32 | |
117 | 111 | the school of innovation plan as established in the public school's school of 33 | |
118 | 112 | innovation application, meet goals and performance targets, or comply with 34 | |
119 | 113 | applicable laws or rules. 35 | |
120 | - | (c) The State Board of Education shall adopt rules to administer this 36 | |
114 | + | (c) The State Board of Education shall adopt rules to administer this 36 HB1672 | |
121 | 115 | ||
122 | - | 4 04-07-2025 10:31:54 TNL093 | |
123 | - | ||
124 | - | ||
116 | + | 4 03/03/2025 4:06:30 PM TNL093 | |
125 | 117 | subchapter, including without limitation rules that address the: 1 | |
126 | 118 | (1) Rules subject to exemption or modification for a school of 2 | |
127 | 119 | innovation application if approved by the commissioner; 3 | |
128 | 120 | (2) Application, school of innovation plan review, approval, and 4 | |
129 | 121 | amendment process for a public school district to establish a school of 5 | |
130 | 122 | innovation; 6 | |
131 | 123 | (3) Timeline for initial approval of a school of innovation and 7 | |
132 | 124 | subsequent renewal, including any ongoing evaluations of a school of 8 | |
133 | 125 | innovation; 9 | |
134 | 126 | (4) Documentation required to show meaningful parental, 10 | |
135 | 127 | educator, and community engagement and capacity for the changes identified in 11 | |
136 | 128 | the school of innovation plan; 12 | |
137 | 129 | (5) Approval by the eligible employees of a school of 13 | |
138 | 130 | innovation; 14 | |
139 | 131 | (6) Evidence of teacher collaboration and shared leadership 15 | |
140 | 132 | responsibility within each school seeking to become a school of innovation; 16 | |
141 | 133 | (7) Documentation of the understanding and implementation of 17 | |
142 | 134 | research-based practices of professional learning communities; 18 | |
143 | 135 | (8) Process for revocation of a designation as a district of 19 | |
144 | 136 | innovation or school of innovation; 20 | |
145 | 137 | (9) Reporting and oversight responsibility of the school of 21 | |
146 | 138 | innovation and the division; 22 | |
147 | 139 | (10) Budget and financial details of the school of innovation; 23 | |
148 | 140 | and 24 | |
149 | 141 | (11) Other information necessary as determined by the state 25 | |
150 | 142 | board. 26 | |
151 | 143 | 27 | |
152 | 144 | 6-15-2803. School of innovation application. 28 | |
153 | 145 | (a) A school district shall submit its school of innovation 29 | |
154 | 146 | application, approved by the school district board of directors, to the 30 | |
155 | 147 | Commissioner of Elementary and Secondary Education for approval to become a 31 | |
156 | 148 | school of innovation. 32 | |
157 | 149 | (b) A school of innovation application shall address without 33 | |
158 | 150 | limitation: 34 | |
159 | 151 | (1) The goals and performance targets for the school of 35 | |
160 | - | innovation, which may include without limitation: 36 | |
152 | + | innovation, which may include without limitation: 36 HB1672 | |
161 | 153 | ||
162 | - | 5 04-07-2025 10:31:54 TNL093 | |
163 | - | ||
164 | - | ||
154 | + | 5 03/03/2025 4:06:30 PM TNL093 | |
165 | 155 | (A) Reducing the achievement gap among one (1) or more 1 | |
166 | 156 | groups of students by accelerating learning experiences for academically low -2 | |
167 | 157 | achieving students while increasing all student learning through the 3 | |
168 | 158 | implementation of highly rigorous standards for student performance; 4 | |
169 | 159 | (B) Increasing student participation in curriculum 5 | |
170 | 160 | options; 6 | |
171 | 161 | (C) Exploring new avenues for expanding students' college 7 | |
172 | 162 | and career readiness; 8 | |
173 | 163 | (D) Motivating students by exploring innovative teaching 9 | |
174 | 164 | and learning choices; and 10 | |
175 | 165 | (E) Transforming a school's culture and climate in a 11 | |
176 | 166 | manner that will lead to transformative teaching and learning; 12 | |
177 | 167 | (2) Changes needed in the school that will lead to students who 13 | |
178 | 168 | are better prepared for success in life and career; and 14 | |
179 | 169 | (3) Innovative practices to be used in the school of innovation. 15 | |
180 | 170 | (c) Schools of innovation shall document: 16 | |
181 | 171 | (1) Parental, school employee, and community engagement; 17 | |
182 | 172 | (2) The capacity for the proposed school of innovation; 18 | |
183 | 173 | (3) The rationale for law, rule, and local policy exception 19 | |
184 | 174 | requests; 20 | |
185 | 175 | (4) Progress toward goals and performance targets; and 21 | |
186 | 176 | (5) Other information requested by the commissioner. 22 | |
187 | 177 | 23 | |
188 | 178 | 6-15-2804. School of innovation. 24 | |
189 | 179 | (a) A school that is designated a school of innovation shall: 25 | |
190 | 180 | (1) Ensure that the same health, safety, civil rights, and 26 | |
191 | 181 | disability rights requirements are in place as those that apply to all other 27 | |
192 | 182 | public schools; 28 | |
193 | 183 | (2) Ensure that the high school curriculum offered meets or 29 | |
194 | 184 | exceeds the minimum high school graduation requirements adopted by the State 30 | |
195 | 185 | Board of Education; 31 | |
196 | 186 | (3) Adhere to financial audits, audit procedures, and audit 32 | |
197 | 187 | requirements adopted by the state board for public school districts; 33 | |
198 | 188 | (4) Require criminal background checks for school employees and 34 | |
199 | 189 | volunteers as required by law for public school districts; 35 | |
200 | - | (5) Comply with open records and open meeting requirements; 36 | |
190 | + | (5) Comply with open records and open meeting requirements; 36 HB1672 | |
201 | 191 | ||
202 | - | 6 04-07-2025 10:31:54 TNL093 | |
203 | - | ||
204 | - | ||
192 | + | 6 03/03/2025 4:06:30 PM TNL093 | |
205 | 193 | (6) Comply with purchasing limitations and requirements; 1 | |
206 | 194 | (7)(A) Provide instructional time that meets or exceeds the 2 | |
207 | 195 | instructional time requirement adopted by the state board unless granted an 3 | |
208 | 196 | exception by the Commissioner of Elementary and Secondary Education. 4 | |
209 | 197 | (B) Instructional time may include on -site instruction, 5 | |
210 | 198 | distance or virtual learning, and work -based learning on nontraditional 6 | |
211 | 199 | school days or hours; 7 | |
212 | 200 | (8) Provide data requested by the Division of Elementary and 8 | |
213 | 201 | Secondary Education to generate reports; 9 | |
214 | 202 | (9) [Repealed.] 10 | |
215 | 203 | (10) Comply with state law and rules regarding the education of 11 | |
216 | 204 | gifted and talented students; and 12 | |
217 | 205 | (11) Demonstrate research -based implementation of professional 13 | |
218 | 206 | learning communities throughout the school that address the needs of the 14 | |
219 | 207 | students and professionals. 15 | |
220 | 208 | (b)(1) Before a public school district submits a school of innovation 16 | |
221 | 209 | plan to the commissioner, the eligible employees of each proposed school of 17 | |
222 | 210 | innovation shall vote on whether the school shall be designated a school of 18 | |
223 | 211 | innovation. 19 | |
224 | 212 | (2) A minimum of sixty percent (60%) of the eligible employees 20 | |
225 | 213 | voting in support of the school's designation as a school of innovation is 21 | |
226 | 214 | required before the school's innovation plan may be submitted to the school 22 | |
227 | 215 | district board of directors for approval. 23 | |
228 | 216 | (3) The school council of innovation shall be responsible for 24 | |
229 | 217 | conducting the vote required under subdivision (b)(1) of this section. 25 | |
230 | 218 | (c) A school of innovation plan may request exemptions from local 26 | |
231 | 219 | policies and specific laws and rules approved for exemption or modification 27 | |
232 | 220 | by the state board except The Teacher Fair Dismissal Act of 1983, § 6 -17-1501 28 | |
233 | 221 | et seq. [repealed]. 29 | |
234 | 222 | (d) A public school district with a negotiated employment contract in 30 | |
235 | 223 | place shall follow the procedure set forth within the contract that allows 31 | |
236 | 224 | the implementation of a school of innovation. 32 | |
237 | 225 | 33 | |
238 | 226 | SECTION 3. Arkansas Code § 6 -17-2803(16)(B), concerning the definition 34 | |
239 | 227 | of a teacher under the Teacher Excellence and Support System, is amended to 35 | |
240 | - | read as follows: 36 | |
228 | + | read as follows: 36 HB1672 | |
241 | 229 | ||
242 | - | 7 04-07-2025 10:31:54 TNL093 | |
243 | - | ||
244 | - | ||
230 | + | 7 03/03/2025 4:06:30 PM TNL093 | |
245 | 231 | (B) “Teacher” also includes a licensed or nonlicensed 1 | |
246 | 232 | classroom teacher employed in a position under subdivision (16)(A)(ii) of 2 | |
247 | 233 | this section at a: 3 | |
248 | 234 | (i) Public charter school under a waiver of teacher 4 | |
249 | 235 | licensure requirements granted by the state board in the charter; or 5 | |
250 | 236 | (ii) School district under a waiver of teacher 6 | |
251 | 237 | licensure requirements granted by the state board under § 6 -15-103 or under 7 | |
252 | 238 | the district of innovation program under § 6 -15-2801 et seq. 8 | |
253 | 239 | 9 | |
254 | 240 | SECTION 4. Arkansas Code § 6 -17-2808(a)(2)(A), concerning the 10 | |
255 | 241 | implementation and applicability of the Teacher Excellence and Support 11 | |
256 | 242 | System, is amended to read as follows: 12 | |
257 | 243 | (2)(A) This subchapter is not waived when a public school, 13 | |
258 | 244 | charter school, or school district obtains a waiver granted by the state 14 | |
259 | 245 | board from the laws and rules governing educator licensure: 15 | |
260 | 246 | (i) In the charter of a public charter school; or 16 | |
261 | 247 | (ii) Under § 6-15-103; or 17 | |
262 | 248 | (iii) Under the district of innovation program under 18 | |
263 | 249 | § 6-15-2801 et seq. 19 | |
264 | 250 | 20 | |
265 | 251 | SECTION 5. Arkansas Code § 6 -23-103 is amended to read as follows: 21 | |
266 | 252 | 6-23-103. Definitions. 22 | |
267 | 253 | As used in this chapter: 23 | |
268 | 254 | (1) “Adult education charter school” means a charter school for 24 | |
269 | 255 | individuals at least nineteen (19) years of age that offers a high school 25 | |
270 | 256 | diploma program and an industry certification program simultaneously to 26 | |
271 | 257 | students; 27 | |
272 | 258 | (2) "Applicant" means an eligible entity that seeks to apply for 28 | |
273 | 259 | an open-enrollment public charter school or a conversion public charter 29 | |
274 | 260 | school by submitting an approved application with supporting documentation to 30 | |
275 | 261 | the authorizer and is eligible to conduct business in the state; 31 | |
276 | 262 | (3) “Application” means the proposal for obtaining conversion 32 | |
277 | 263 | public charter school status or open -enrollment public charter school status 33 | |
278 | 264 | charter school proposal and supporting documentation submitted to the 34 | |
279 | 265 | authorizer that seeks to establish an open -enrollment public charter school 35 | |
280 | - | or a conversion public charter school ; 36 | |
266 | + | or a conversion public charter school ; 36 HB1672 | |
281 | 267 | ||
282 | - | 8 04-07-2025 10:31:54 TNL093 | |
283 | - | ||
284 | - | ||
268 | + | 8 03/03/2025 4:06:30 PM TNL093 | |
285 | 269 | (3)(4) “Authorizer” means an entity that authorizes a charter, 1 | |
286 | 270 | which may be either the: 2 | |
287 | 271 | (A) Division of Elementary and Secondary Education acting 3 | |
288 | - | through the charter authorizing panel established under § 6-23-701 | |
289 | - | ||
290 | - | ( | |
291 | - | ||
292 | - | ||
293 | - | ||
294 | - | ||
295 | - | ||
296 | - | that | |
297 | - | ||
298 | - | ||
299 | - | ||
300 | - | ||
301 | - | ||
302 | - | ( | |
303 | - | ||
304 | - | ||
305 | - | ||
306 | - | ||
307 | - | ||
308 | - | ||
309 | - | ||
310 | - | ||
311 | - | ||
312 | - | ||
313 | - | ||
314 | - | ||
315 | - | ( | |
316 | - | ||
317 | - | ||
318 | - | ||
319 | - | ||
320 | - | ||
272 | + | through the charter authorizing panel established under § 6 -23-701; or 4 | |
273 | + | (B) State Board of Education acting under § 6 -23-703; 5 | |
274 | + | (4)(5) “Charter” means a performance -based contract for an 6 | |
275 | + | initial five-year period between the authorizer and an approved applicant for 7 | |
276 | + | public charter school status that exempts the public charter school from 8 | |
277 | + | state and local rules, regulations, policies, and procedures specified in the 9 | |
278 | + | contract and from the provisions of this title specified in the contract 10 | |
279 | + | that: 11 | |
280 | + | (A) Serves as a governing agreement that exempts a public 12 | |
281 | + | charter school from specified state and local rules, regulations, policies, 13 | |
282 | + | and procedures as outlined in the charter; 14 | |
283 | + | (B) Defines the performance expectations and 15 | |
284 | + | accountability standards for the approved public charter school; 16 | |
285 | + | (C) Is governed by Arkansas law; and 17 | |
286 | + | (D) Establishes the terms and conditions between the 18 | |
287 | + | authorizer and: 19 | |
288 | + | (i) An open-enrollment public charter school board; 20 | |
289 | + | or 21 | |
290 | + | (ii) The local school district board of directors of 22 | |
291 | + | a conversion public charter school ; 23 | |
292 | + | (6) "Charter authorizing panel" means the seven (7) member panel 24 | |
293 | + | appointed by the Commissioner of Elementary and Secondary Education that is 25 | |
294 | + | established and administered by the division to take actions authorized under 26 | |
295 | + | § 6-23-701; 27 | |
296 | + | (7) "Charter school board" means the governing body of an open -28 | |
297 | + | enrollment public charter school that: 29 | |
298 | + | (A) Is a non-profit entity; and 30 | |
299 | + | (B) Satisfies the relevant requirements of a tax -exempt 31 | |
300 | + | organization under § 501(c)(3) of the Internal Revenue Code of 1986; 32 | |
301 | + | (5)(8)(A) “Conversion public charter school” means a public 33 | |
302 | + | school that: 34 | |
303 | + | (i) That has converted to operating under the terms 35 | |
304 | + | of a charter approved by the a local school district board of directors and 36 HB1672 | |
321 | 305 | ||
322 | - | 9 04-07-2025 10:31:54 TNL093 | |
306 | + | 9 03/03/2025 4:06:30 PM TNL093 | |
307 | + | the authorizer; or 1 | |
308 | + | (ii)(a) Previously designated as a school of 2 | |
309 | + | innovation under the former District of Innovation Program, §§ 6 -15-2801 et 3 | |
310 | + | seq. 4 | |
311 | + | (b) A school previously designated as a school 5 | |
312 | + | of innovation specified under subdivision (8)(A)(ii)(a) of this section shall 6 | |
313 | + | retain all waivers in effect for the school as of July 1, 2025, until the end 7 | |
314 | + | of the four-year approval cycle in effect as of July 1, 2025. 8 | |
315 | + | (c) A conversion public charter school under 9 | |
316 | + | subdivision (8)(A)(ii)(a) of this section may be renewed by the authorizer in 10 | |
317 | + | accordance with § 6-23-201 et seq. 11 | |
318 | + | (B)(i) A conversion public charter school that existed on 12 | |
319 | + | or before July 1, 2025, shall retain all waivers in effect for the conversion 13 | |
320 | + | public charter school unless: 14 | |
321 | + | (a)(1) The conversion public charter school 15 | |
322 | + | received a letter grade of "D" or "F" under the school rating system under § 16 | |
323 | + | 6-15-2101 et seq. for the 2022 -2023 school year. 17 | |
324 | + | (2) All waivers of a conversion public 18 | |
325 | + | charter school under subdivision (8)(B)(i)(a)(1) of this section shall be in 19 | |
326 | + | effect until the end of the 2026 -2027 school year; 20 | |
327 | + | (b)(1) The conversion public charter school 21 | |
328 | + | received a letter grade of "C" under the school rating system under § 6 -15-22 | |
329 | + | 2101 et seq. for the 2022 -2023 school year. 23 | |
330 | + | (2) All waivers of a conversion public 24 | |
331 | + | charter school under subdivision (8)(B)(i)(b)(1) of this section shall be in 25 | |
332 | + | effect until the end of the 2026 -2027 school year; or 26 | |
333 | + | (c)(1) The conversion public charter school 27 | |
334 | + | received a letter grade of "A" or "B" under the school rating system under § 28 | |
335 | + | 6-15-2101 et seq. for the 2022 -2023 school year. 29 | |
336 | + | (2) All waivers of a conversion public 30 | |
337 | + | charter school under subdivision (8)(B)(i)(c)(1) of this section shall be in 31 | |
338 | + | effect until the end of the 2027 -2028 school year. 32 | |
339 | + | (ii) If no conditions under subdivision (8)(B)(i) of 33 | |
340 | + | this section exist, then the waivers in effect for a conversion public 34 | |
341 | + | charter school that existed on or before July 1, 2025, shall be retained 35 | |
342 | + | until the end of the charter term in effect as of July 1, 2025; 36 HB1672 | |
323 | 343 | ||
344 | + | 10 03/03/2025 4:06:30 PM TNL093 | |
345 | + | (6)(9) “Eligible entity” means: 1 | |
346 | + | (A) A public institution of higher education; 2 | |
347 | + | (B) A private, nonsectarian institution of higher 3 | |
348 | + | education; 4 | |
349 | + | (C) A governmental entity; or 5 | |
350 | + | (D) An organization that: 6 | |
351 | + | (i) Is nonsectarian in its program, admissions 7 | |
352 | + | policies, employment practices, and operations; and 8 | |
353 | + | (ii) Has applied for tax -exempt status under the 9 | |
354 | + | Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3); 10 | |
355 | + | (7)(10) “Founding member” means any an individual who is either: 11 | |
356 | + | (A) A member or an employee of the an eligible entity 12 | |
357 | + | applying for the initial charter for an open -enrollment public charter 13 | |
358 | + | school; or 14 | |
359 | + | (B) A member of the initial governing nonadvisory board of 15 | |
360 | + | the an open-enrollment public charter school; 16 | |
361 | + | (8)(11) “Local school board” means a board of directors 17 | |
362 | + | exercising the control and management of a public school district; 18 | |
363 | + | (9)(A)(12)(A) “Open-enrollment public charter school” means a 19 | |
364 | + | public school that: 20 | |
365 | + | (i) Is operating under the terms of a charter 21 | |
366 | + | granted by the authorizer on the application of an eligible entity ; 22 | |
367 | + | (ii) May draw its students from any public school 23 | |
368 | + | district in this state; and 24 | |
369 | + | (iii) Is a local educational agency under the 25 | |
370 | + | Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301 et seq., as 26 | |
371 | + | it existed on April 10, 2009. 27 | |
372 | + | (B) “Open-enrollment public charter school” also possesses 28 | |
373 | + | the same meaning as given the term “charter school” in the Elementary and 29 | |
374 | + | Secondary Education Act of 1965, 20 U.S.C. § 7221i, as it existed on April 30 | |
375 | + | 10, 2009. 31 | |
376 | + | (C) An open-enrollment public charter school that existed 32 | |
377 | + | on or before July 1, 2025, shall retain all waivers in effect for the open -33 | |
378 | + | enrollment public charter school unless the open -enrollment public charter 34 | |
379 | + | school received: 35 | |
380 | + | (i)(a) A letter grade of "D" or "F" under the school 36 HB1672 | |
324 | 381 | ||
325 | - | of a charter approved by the a local school district board of directors and 1 | |
326 | - | the authorizer; or 2 | |
327 | - | (ii)(a) Previously designated as a school of 3 | |
328 | - | innovation under the former District of Innovation Program, §§ 6 -15-2801 et 4 | |
329 | - | seq. 5 | |
330 | - | (b) A school previously designated as a school 6 | |
331 | - | of innovation specified under subdivision (8)(A)(ii)(a) of this section shall 7 | |
332 | - | retain all waivers in effect for the school as of July 1, 2025, until the end 8 | |
333 | - | of the four-year approval cycle in effect as of July 1, 2025. 9 | |
334 | - | (c) A conversion public charter school under 10 | |
335 | - | subdivision (8)(A)(ii)(a) of this section may be renewed by the authorizer in 11 | |
336 | - | accordance with § 6-23-201 et seq. 12 | |
337 | - | (B)(i) A conversion public charter school that existed on 13 | |
338 | - | or before July 1, 2025, shall retain all waivers in effect for the conversion 14 | |
339 | - | public charter school unless: 15 | |
340 | - | (a)(1) The conversion public charter school 16 | |
341 | - | received a letter grade of "D" or "F" under the school rating system under § 17 | |
342 | - | 6-15-2101 et seq. for the 2022 -2023 school year. 18 | |
343 | - | (2) All waivers of a conversion public 19 | |
344 | - | charter school under subdivision (8)(B)(i)(a)(1) of this section shall be in 20 | |
345 | - | effect until the end of the 2026 -2027 school year; 21 | |
346 | - | (b)(1) The conversion public charter school 22 | |
347 | - | received a letter grade of "C" under the school rating system under § 6 -15-23 | |
348 | - | 2101 et seq. for the 2022 -2023 school year. 24 | |
349 | - | (2) All waivers of a conversion public 25 | |
350 | - | charter school under subdivision (8)(B)(i)(b)(1) of this section shall be in 26 | |
351 | - | effect until the end of the 2026 -2027 school year; or 27 | |
352 | - | (c)(1) The conversion public charter school 28 | |
353 | - | received a letter grade of "A" or "B" under the school rating system under § 29 | |
354 | - | 6-15-2101 et seq. for the 2022 -2023 school year. 30 | |
355 | - | (2) All waivers of a conversion public 31 | |
356 | - | charter school under subdivision (8)(B)(i)(c)(1) of this section shall be in 32 | |
357 | - | effect until the end of the 2027 -2028 school year. 33 | |
358 | - | (ii) If no conditions under subdivision (8)(B)(i) of 34 | |
359 | - | this section exist, then the waivers in effect for a conversion public 35 | |
360 | - | charter school that existed on or before July 1, 2025, shall be retained 36 As Engrossed: H3/31/25 H4/7/25 HB1672 | |
382 | + | 11 03/03/2025 4:06:30 PM TNL093 | |
383 | + | rating system under § 6 -15-2101 et seq. for the 2022 -2023 school year. 1 | |
384 | + | (b) All waivers of an open -enrollment public 2 | |
385 | + | charter school under subdivision (12)(C)(i)(a) of this section shall be in 3 | |
386 | + | effect until the end of the 2026 -2027 school year or the end of the charter 4 | |
387 | + | term, whichever occurs first; 5 | |
388 | + | (ii)(a) Received a letter grade of "C" under the 6 | |
389 | + | school rating system under § 6 -15-2101 et seq. for the 2022 -2023 school year. 7 | |
390 | + | (b) All waivers of an open -enrollment public 8 | |
391 | + | charter school under subdivision (12)(C)(ii)(a) of this section be in effect 9 | |
392 | + | until the end of the 2027 -2028 school year or the end of the charter term, 10 | |
393 | + | whichever occurs first; or 11 | |
394 | + | (iii)(a) Received a letter grade of "A" or "B" under 12 | |
395 | + | the school rating system under § 6 -15-2101 et seq. for the 2022 -2023 school 13 | |
396 | + | year. 14 | |
397 | + | (b) All waivers of an open -enrollment public 15 | |
398 | + | charter school under subdivision (12)(C)(iii)(a) of this section be in effect 16 | |
399 | + | until the end of the 2028 -2029 school year or the end of the charter term, 17 | |
400 | + | whichever occurs first ; 18 | |
401 | + | (10)(13) “Parent” means any parent, legal guardian, person 19 | |
402 | + | standing in loco parentis, or other person having custody or charge of a 20 | |
403 | + | school-age child; 21 | |
404 | + | (11)(14) “Public charter school” means a conversion public 22 | |
405 | + | charter school or an open -enrollment public charter school; and 23 | |
406 | + | (12)(15) “Public school” means a school that is part of a public 24 | |
407 | + | school district under the control and management of a local school district 25 | |
408 | + | board of directors. 26 | |
409 | + | 27 | |
410 | + | SECTION 6. Arkansas Code § 6 -23-104 is amended to read as follows: 28 | |
411 | + | 6-23-104. Charter form for public charter schools — Requirements — 29 | |
412 | + | Revision. 30 | |
413 | + | (a) A charter for a public charter school shall: 31 | |
414 | + | (1) Be in the form of a written contract signed by the 32 | |
415 | + | Commissioner of Elementary and Secondary Education and the chief operating 33 | |
416 | + | officer of the public charter school an authorized member of the charter 34 | |
417 | + | school board; 35 | |
418 | + | (2) Satisfy the requirements of this chapter; and 36 HB1672 | |
361 | 419 | ||
362 | - | 10 04-07-2025 10:31:54 TNL093 | |
420 | + | 12 03/03/2025 4:06:30 PM TNL093 | |
421 | + | (3) Ensure that the information required under § 6 -23-404 is 1 | |
422 | + | consistent with the information provided in the application and any 2 | |
423 | + | modification that the authorizer may require. 3 | |
424 | + | (b) Any A revision or amendment of the charter for a public charter 4 | |
425 | + | school may be made only with the approval of the authorizer. 5 | |
426 | + | (c) An open-enrollment A public charter school shall post the most 6 | |
427 | + | recent version of the written contract its charter on the website of the 7 | |
428 | + | open-enrollment public charter school by August 1 each year. 8 | |
429 | + | 9 | |
430 | + | SECTION 7. Arkansas Code § 6 -23-105(a)(2), concerning modification of 10 | |
431 | + | a public charter school's charter, is amended to read as follows: 11 | |
432 | + | (2) The authorizer may allow approve the voluntary assignment of 12 | |
433 | + | a public charter school to another charter school board upon petition by the 13 | |
434 | + | public charter school boards to the authorizer. 14 | |
435 | + | 15 | |
436 | + | SECTION 8. Arkansas Code § 6 -23-105(a)(3), concerning the transfer or 16 | |
437 | + | assignment of a public charter school charter to an eligible entity, is 17 | |
438 | + | amended to read as follows: 18 | |
439 | + | (3)(A) If the authorizer transfers or assigns the charter of a 19 | |
440 | + | public charter school to an eligible entity a different charter school board , 20 | |
441 | + | the authorizer shall not hold the applicant charter school board in receipt 21 | |
442 | + | of of the charter responsible for any activity that occurred before the 22 | |
443 | + | transfer or assignment, which includes without limitation any disciplinary 23 | |
444 | + | action taken by the authorizer. 24 | |
445 | + | (B) After the authorizer transfers or assigns a charter to 25 | |
446 | + | an eligible entity a different charter school board , the authorizer shall: 26 | |
447 | + | (i) Issue a new local education agency number as 27 | |
448 | + | required under § 25-6-107; and 28 | |
449 | + | (ii) Not issue an annual report as required under § 29 | |
450 | + | 6-15-2101 until the eligible entity to which the charter was transferred has 30 | |
451 | + | completed at least one (1) school year. 31 | |
452 | + | 32 | |
453 | + | SECTION 9. Arkansas Code § 6 -23-105(d), concerning a procedure used to 33 | |
454 | + | place a public charter school on probation or modifying, revoking, 34 | |
455 | + | transferring, assigning, or denying renewal of a charter, is amended to read 35 | |
456 | + | as follows: 36 HB1672 | |
363 | 457 | ||
458 | + | 13 03/03/2025 4:06:30 PM TNL093 | |
459 | + | (d)(1) The procedure adopted under subsection (c) of this section 1 | |
460 | + | shall provide an opportunity for a hearing to the persons operating the 2 | |
461 | + | public charter school. 3 | |
462 | + | (2)(A) The hearing shall be held at the Division of Elementary 4 | |
463 | + | and Secondary Education. 5 | |
464 | + | (B) The authorizer shall provide sufficient written notice 6 | |
465 | + | of the time and location of the hearing. 7 | |
466 | + | (3) There is no further right of appeal beyond the determination 8 | |
467 | + | of the authorizer. 9 | |
468 | + | (4)(3) The Arkansas Administrative Procedure Act, § 25 -15-201 et 10 | |
469 | + | seq., shall not apply to a hearing concerning a public charter school. 11 | |
470 | + | (4) If a public charter school receives an "F" letter grade for 12 | |
471 | + | three (3) consecutive school years, then the public charter school's charter 13 | |
472 | + | shall be revoked. 14 | |
473 | + | 15 | |
474 | + | SECTION 10. Arkansas Code § 6 -23-105(e)(1), concerning actions an 16 | |
475 | + | open-enrollment public charter school must take upon the revocation, 17 | |
476 | + | transfer, or assignment of its charter, is amended to read as follows: 18 | |
477 | + | (e)(1)(A) Immediately upon the revocation, transfer, or assignment of 19 | |
478 | + | an open-enrollment a charter by the authorizer, an open -enrollment public 20 | |
479 | + | charter school shall: 21 | |
480 | + | (i) Provide to the division a detailed accounting of 22 | |
481 | + | all accounts payable due from the state funds held by the open -enrollment 23 | |
482 | + | public charter school and any additional information or records requested by 24 | |
483 | + | the division concerning the disbursement of the state funds; 25 | |
484 | + | (ii) Provide the division with a comprehensive list 26 | |
485 | + | of all banking information and accounts in which the open -enrollment public 27 | |
486 | + | charter school holds state or federal funds; 28 | |
487 | + | (iii) Receive prior approval from the division for 29 | |
488 | + | an expenditure over five hundred dollars ($500); and 30 | |
489 | + | (iv) Work in coordination with the division to draft 31 | |
490 | + | and implement a charter closure plan. 32 | |
491 | + | (B)(i) Immediately upon the State Board of Education's 33 | |
492 | + | affirmation of a authorizer's revocation, assignment, or transfer of an open-34 | |
493 | + | enrollment public charter school's charter , the open-enrollment public 35 | |
494 | + | charter school shall transfer all state and federal funds held by the open -36 HB1672 | |
364 | 495 | ||
365 | - | until the end of the charter term in effect as of July 1, 2025; 1 | |
366 | - | (6)(9) “Eligible entity” means: 2 | |
367 | - | (A) A public institution of higher education; 3 | |
368 | - | (B) A private, nonsectarian institution of higher 4 | |
369 | - | education; 5 | |
370 | - | (C) A governmental entity; or 6 | |
371 | - | (D) An organization that: 7 | |
372 | - | (i) Is nonsectarian in its program, admissions 8 | |
373 | - | policies, employment practices, and operations; and 9 | |
374 | - | (ii) Has applied for tax -exempt status under the 10 | |
375 | - | Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3); 11 | |
376 | - | (7)(10) “Founding member” means any an individual who is either: 12 | |
377 | - | (A) A member or an employee of the an eligible entity 13 | |
378 | - | applying for the initial charter for an open -enrollment public charter 14 | |
379 | - | school; or 15 | |
380 | - | (B) A member of the initial governing nonadvisory board of 16 | |
381 | - | the an open-enrollment public charter school; 17 | |
382 | - | (8)(11) “Local school board” means a board of directors 18 | |
383 | - | exercising the control and management of a public school district; 19 | |
384 | - | (9)(A)(12)(A) “Open-enrollment public charter school” means a 20 | |
385 | - | public school that: 21 | |
386 | - | (i) Is operating under the terms of a charter 22 | |
387 | - | granted by the authorizer on the application of an eligible entity ; 23 | |
388 | - | (ii) May draw its students from any public school 24 | |
389 | - | district in this state; and 25 | |
390 | - | (iii) Is a local educational agency under the 26 | |
391 | - | Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301 et seq., as 27 | |
392 | - | it existed on April 10, 2009. 28 | |
393 | - | (B) “Open-enrollment public charter school” also possesses 29 | |
394 | - | the same meaning as given the term “charter school” in the Elementary and 30 | |
395 | - | Secondary Education Act of 1965, 20 U.S.C. § 7221i, as it existed on April 31 | |
396 | - | 10, 2009. 32 | |
397 | - | (C) An open-enrollment public charter school that existed 33 | |
398 | - | on or before July 1, 2025, shall retain all waivers in effect for the open -34 | |
399 | - | enrollment public charter school unless the open -enrollment public charter 35 | |
400 | - | school received: 36 As Engrossed: H3/31/25 H4/7/25 HB1672 | |
496 | + | 14 03/03/2025 4:06:30 PM TNL093 | |
497 | + | enrollment public charter school to the division. 1 | |
498 | + | (ii) The division shall hold: 2 | |
499 | + | (a) Hold funds received under subdivision 3 | |
500 | + | (e)(1)(B)(i) of this section in receivership in a separate fund ; and shall 4 | |
501 | + | expend 5 | |
502 | + | (b) Expend the funds received under 6 | |
503 | + | subdivision (e)(1)(B)(i) of this section only with prior approval of the 7 | |
504 | + | Commissioner of Elementary and Secondary Education. 8 | |
505 | + | 9 | |
506 | + | SECTION 11. Arkansas Code § 6 -23-107 is amended to read as follows: 10 | |
507 | + | 6-23-107. Reporting requirements. 11 | |
508 | + | (a) Within ten (10) calendar days of the close of the first quarter of 12 | |
509 | + | each school year, a A public charter school shall submit a written report, as 13 | |
510 | + | prescribed in its charter and performance framework, to the Division of 14 | |
511 | + | Elementary and Secondary Education authorizer in the format required by the 15 | |
512 | + | Division of Elementary and Secondary Education that contains the following 16 | |
513 | + | information for the current school year without limitation: 17 | |
514 | + | (1) The number of applications for enrollment received 18 | |
515 | + | Enrollment data; 19 | |
516 | + | (2) The number of applicants with a disability identified under 20 | |
517 | + | the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. The 21 | |
518 | + | number of applications for enrollment received ; and 22 | |
519 | + | (3) The number of applications for enrollment the public charter 23 | |
520 | + | school denied and an explanation of the reason for each denial accepted; 24 | |
521 | + | (4) The student subpopulation data; 25 | |
522 | + | (5) Retention data; 26 | |
523 | + | (6) Attrition data; 27 | |
524 | + | (7) Disciplinary actions taken against enrolled students; and 28 | |
525 | + | (8) Student assessment scores . 29 | |
526 | + | (b) Within ten (10) calendar days of the close of the fourth quarter 30 | |
527 | + | of each school year, a public charter school shall submit a written report to 31 | |
528 | + | the division that contains the following information for the current school 32 | |
529 | + | year: 33 | |
530 | + | (1) The number of students in each of the following categories: 34 | |
531 | + | (A) Students who dropped out of the public charter school 35 | |
532 | + | during the school year; 36 HB1672 | |
401 | 533 | ||
402 | - | 11 04-07-2025 10:31:54 TNL093 | |
534 | + | 15 03/03/2025 4:06:30 PM TNL093 | |
535 | + | (B) Students who were expelled during the school year by 1 | |
536 | + | the public charter school; and 2 | |
537 | + | (C) Students who were enrolled in the public charter 3 | |
538 | + | school but for a reason other than those cited in subdivisions (b)(1)(A) and 4 | |
539 | + | (B) of this section did not complete the school year at the public charter 5 | |
540 | + | school; and 6 | |
541 | + | (2)(A) For all students enrolled in the public charter school, 7 | |
542 | + | the scores for assessments required under the Arkansas Educational Support 8 | |
543 | + | and Accountability Act, § 6 -15-2901 et seq. 9 | |
544 | + | (B) If there is any discrepancy in the number of students 10 | |
545 | + | for whom scores are reported under this subdivision (b)(2) and the number of 11 | |
546 | + | students enrolled at the beginning of the school year, the public charter 12 | |
547 | + | school shall explain in the report the reason for the discrepancy. 13 | |
548 | + | (c)(b) The division shall not exempt a public charter school from the 14 | |
549 | + | reporting required under this section. 15 | |
550 | + | (d) The division shall publish a copy of each report on the division's 16 | |
551 | + | website. 17 | |
552 | + | (e)(c) If a public charter school fails to comply with this section, 18 | |
553 | + | the division shall note the failure in the annual evaluation of the public 19 | |
554 | + | charter school. 20 | |
555 | + | 21 | |
556 | + | SECTION 12. Arkansas Code § 6 -23-201 is amended to read as follows: 22 | |
557 | + | (a)(1) Any public school district may apply to the authorizer for 23 | |
558 | + | conversion public charter school status for a public school in the public 24 | |
559 | + | school district in accordance with a schedule approved by the authorizer 25 | |
560 | + | using the application developed by the Division of Elementary and Secondary 26 | |
561 | + | Education. 27 | |
562 | + | (2) A public school district's application for conversion public 28 | |
563 | + | charter school status for the public school may include, but shall not be 29 | |
564 | + | limited to, the following purposes: 30 | |
565 | + | (A) Adopting research -based school or instructional 31 | |
566 | + | designs, or both, that focus on improving student and school performance, 32 | |
567 | + | which may include without limitation the implementation of a community school 33 | |
568 | + | plan, as defined by § 6 -15-3002; 34 | |
569 | + | (B) Addressing school improvement status resulting from 35 | |
570 | + | sanctions listed in § 6 -15-207(c)(8) and § 6-15-429(a) and (b) [repealed]; or 36 HB1672 | |
403 | 571 | ||
572 | + | 16 03/03/2025 4:06:30 PM TNL093 | |
573 | + | (C) Partnering with other public school districts or 1 | |
574 | + | public schools to address students' needs in a geographical location or 2 | |
575 | + | multiple locations. 3 | |
576 | + | (b) Such application shall: 4 | |
577 | + | (1)(A) Describe the results of a public hearing called by the 5 | |
578 | + | local school district board of directors for the purpose of assessing support 6 | |
579 | + | of an application for conversion public charter school status. 7 | |
580 | + | (B) Notice of the public hearing shall be: 8 | |
581 | + | (i) Distributed to the community, licensed 9 | |
582 | + | personnel, and the parents of all students enrolled at the public school for 10 | |
583 | + | which the public school district initiated the application; and 11 | |
584 | + | (ii) Published in a newspaper having general 12 | |
585 | + | circulation in the public school district at least three (3) weeks before the 13 | |
586 | + | date of the meeting; 14 | |
587 | + | (2) Describe a plan for school improvement that addresses how 15 | |
588 | + | the conversion public charter school will improve student learning and meet 16 | |
589 | + | the state education goals; 17 | |
590 | + | (3) Outline proposed performance criteria that will be used 18 | |
591 | + | during the initial five -year period of the charter to measure the progress of 19 | |
592 | + | the conversion public charter school in improving student learning and 20 | |
593 | + | meeting or exceeding the state education goals; 21 | |
594 | + | (4) Describe how the licensed employees and parents of students 22 | |
595 | + | to be enrolled in the conversion public charter school will be involved in 23 | |
596 | + | developing and implementing the school improvement plan and identifying 24 | |
597 | + | performance criteria; 25 | |
598 | + | (5) Describe how the concerns of licensed employees and parents 26 | |
599 | + | of students enrolled in the conversion public charter school will be 27 | |
600 | + | solicited and addressed in evaluating the effectiveness of the improvement 28 | |
601 | + | plan; and 29 | |
602 | + | (6) List the specific provisions of this title and the specific 30 | |
603 | + | rules promulgated by the State Board of Education from which the conversion 31 | |
604 | + | public charter school will be exempt. 32 | |
605 | + | (c)(1) A licensed teacher employed by a public school in the school 33 | |
606 | + | year immediately preceding the effective date of a charter for a public 34 | |
607 | + | school conversion within that public school district may not be transferred 35 | |
608 | + | to or be employed by the conversion public charter school over the licensed 36 HB1672 | |
404 | 609 | ||
405 | - | (i)(a) A letter grade of "D" or "F" under the school 1 | |
406 | - | rating system under § 6 -15-2101 et seq. for the 2022 -2023 school year. 2 | |
407 | - | (b) All waivers of an open -enrollment public 3 | |
408 | - | charter school under subdivision (12)(C)(i)(a) of this section shall be in 4 | |
409 | - | effect until the end of the 2026 -2027 school year or the end of the charter 5 | |
410 | - | term, whichever occurs first; 6 | |
411 | - | (ii)(a) Received a letter grade of "C" under the 7 | |
412 | - | school rating system under § 6 -15-2101 et seq. for the 2022 -2023 school year. 8 | |
413 | - | (b) All waivers of an open -enrollment public 9 | |
414 | - | charter school under subdivision (12)(C)(ii)(a) of this section be in effect 10 | |
415 | - | until the end of the 2027 -2028 school year or the end of the charter term, 11 | |
416 | - | whichever occurs first; or 12 | |
417 | - | (iii)(a) Received a letter grade of "A" or "B" under 13 | |
418 | - | the school rating system under § 6 -15-2101 et seq. for the 2022 -2023 school 14 | |
419 | - | year. 15 | |
420 | - | (b) All waivers of an open -enrollment public 16 | |
421 | - | charter school under subdivision (12)(C)(iii)(a) of this section be in effect 17 | |
422 | - | until the end of the 2028 -2029 school year or the end of the charter term, 18 | |
423 | - | whichever occurs first. 19 | |
424 | - | (D) An open-enrollment public charter school approved by 20 | |
425 | - | the charter authorizing panel and the State Board of Education to operate as 21 | |
426 | - | a virtual charter school shall be granted a waiver of requirements in law or 22 | |
427 | - | rule applicable to the physical presence of students on a school campus as 23 | |
428 | - | designated by the Division of Elementary and Secondary Education upon 24 | |
429 | - | approval of an initial application to establish a virtual charter school or a 25 | |
430 | - | renewal of an existing virtual charter school ; 26 | |
431 | - | (10)(13) “Parent” means any parent, legal guardian, person 27 | |
432 | - | standing in loco parentis, or other person having custody or charge of a 28 | |
433 | - | school-age child; 29 | |
434 | - | (11)(14) “Public charter school” means a conversion public 30 | |
435 | - | charter school or an open -enrollment public charter school; and 31 | |
436 | - | (12)(15) “Public school” means a school that is part of a public 32 | |
437 | - | school district under the control and management of a local school district 33 | |
438 | - | board of directors. 34 | |
439 | - | 35 | |
440 | - | SECTION 6. Arkansas Code § 6 -23-104 is amended to read as follows: 36 As Engrossed: H3/31/25 H4/7/25 HB1672 | |
610 | + | 17 03/03/2025 4:06:30 PM TNL093 | |
611 | + | teacher's objection, nor shall that objection be used as a basis to deny 1 | |
612 | + | continuing employment within the public school district in another public 2 | |
613 | + | school at a similar grade level. 3 | |
614 | + | (2) If the transfer of a teacher within the public school 4 | |
615 | + | district is not possible because only one (1) public school exists for that 5 | |
616 | + | teacher's licensure level, then the local school district board of directors 6 | |
617 | + | shall call for a vote of the licensed teachers in the proposed conversion 7 | |
618 | + | public charter school site and proceed, at the option of the local school 8 | |
619 | + | board of directors, with the conversion public charter school application if 9 | |
620 | + | a majority of the licensed teachers approve the proposal. 10 | |
621 | + | 11 | |
622 | + | SECTION 13. Arkansas Code § 6 -23-202 is amended to read as follows: 12 | |
623 | + | 6-23-202. Authorization for conversion public charter school status. 13 | |
624 | + | As requested by the Upon request of a conversion public charter school 14 | |
625 | + | applicant, the authorizer shall review the application for conversion public 15 | |
626 | + | charter school status and may approve any or deny an application that: 16 | |
627 | + | (1) Provides a plan for improvement at the school level for 17 | |
628 | + | improving student learning and for meeting or exceeding the state education 18 | |
629 | + | goals; 19 | |
630 | + | (2) Includes a set of performance -based objectives and student 20 | |
631 | + | achievement objectives for the term of the charter and the means for 21 | |
632 | + | measuring those objectives on at least a yearly basis; 22 | |
633 | + | (3) Includes a proposal to directly and substantially involve 23 | |
634 | + | the parents of students to be enrolled in the conversion public charter 24 | |
635 | + | school, as well as the licensed employees and the broader community, in the 25 | |
636 | + | process of carrying out the terms of the charter; and 26 | |
637 | + | (4) Includes an agreement to provide a yearly report to parents, 27 | |
638 | + | the community, the local school district board of directors, and the 28 | |
639 | + | authorizer that indicates the progress made by the conversion public charter 29 | |
640 | + | school in meeting the performance objectives during the previous year . 30 | |
641 | + | 31 | |
642 | + | SECTION 14. Arkansas Code § 6 -23-301 is amended to read as follows: 32 | |
643 | + | 6-23-301. Application forms and procedures for open -enrollment public 33 | |
644 | + | charter schools. 34 | |
645 | + | (a) The authorizer shall adopt: 35 | |
646 | + | (1) An application form, a schedule, and a procedure that must 36 HB1672 | |
441 | 647 | ||
442 | - | 12 04-07-2025 10:31:54 TNL093 | |
648 | + | 18 03/03/2025 4:06:30 PM TNL093 | |
649 | + | be used to apply for a charter for an open-enrollment public charter school; 1 | |
650 | + | and 2 | |
651 | + | (2) Criteria to use in selecting a program for which a charter 3 | |
652 | + | may be granted. 4 | |
653 | + | (b) The application form must provide space for including all 5 | |
654 | + | information required under this chapter to be contained in the charter. 6 | |
655 | + | 7 | |
656 | + | SECTION 15. Arkansas Code § 6 -23-302(c), concerning an application to 8 | |
657 | + | become an open-enrollment public charter school, is amended to read as 9 | |
658 | + | follows: 10 | |
659 | + | (c) The application under this section shall: 11 | |
660 | + | (1)(A) Describe the results of a public hearing called by the 12 | |
661 | + | applicant for the purpose of assessing support for an application for an 13 | |
662 | + | open-enrollment public charter school. 14 | |
663 | + | (B)(i) Notice of the public hearing shall be published one 15 | |
664 | + | (1) time a week for three (3) consecutive weeks in a newspaper having general 16 | |
665 | + | circulation in the public school district in which the open -enrollment public 17 | |
666 | + | charter school is likely to be located. 18 | |
667 | + | (ii) The last publication of notice shall be no less 19 | |
668 | + | than seven (7) days before the public meeting. 20 | |
669 | + | (iii) The notice shall not be published in the 21 | |
670 | + | classified or legal notice section of the newspaper. 22 | |
671 | + | (C)(i) Within seven (7) calendar days following the first 23 | |
672 | + | publication of notice required under subdivision (c)(1)(B) of this section, 24 | |
673 | + | letters announcing the public hearing shall be sent to the superintendent of 25 | |
674 | + | each of the public school districts from which the open -enrollment public 26 | |
675 | + | charter school is likely to draw students for the purpose of enrollment and 27 | |
676 | + | the superintendent of any public school district that is contiguous to the 28 | |
677 | + | public school district in which the open -enrollment public charter school 29 | |
678 | + | will be located. 30 | |
679 | + | (ii) An affected school district may submit written 31 | |
680 | + | comments concerning the application to the authorizer to be considered at the 32 | |
681 | + | time of the authorizer's review of the application; 33 | |
682 | + | (2) Describe a plan for academic achievement that addresses how 34 | |
683 | + | the open-enrollment public charter school will improve student learning and 35 | |
684 | + | meet or exceed the state education goals, which may include without 36 HB1672 | |
443 | 685 | ||
686 | + | 19 03/03/2025 4:06:30 PM TNL093 | |
687 | + | limitation the implementation of a community school plan, as defined by § 6 -1 | |
688 | + | 15-3002; 2 | |
689 | + | (3) Outline the proposed performance criteria that will be used 3 | |
690 | + | during the initial five -year period of the open -enrollment public charter 4 | |
691 | + | school operation to measure its progress in improving student learning and 5 | |
692 | + | meeting or exceeding the state education goals; 6 | |
693 | + | (4) List the specific provisions of this title and the specific 7 | |
694 | + | rules promulgated by the State Board of Education from which the open -8 | |
695 | + | enrollment public charter school seeks to be exempted; 9 | |
696 | + | (5)(A) Describe in general terms the area within the boundaries 10 | |
697 | + | of the school district where the applicant intends to obtain a facility to be 11 | |
698 | + | used for the open-enrollment public charter school. 12 | |
699 | + | (B) If the facility to be used for an open -enrollment 13 | |
700 | + | public charter school is a public school district facility, the open -14 | |
701 | + | enrollment public charter school must shall operate in the facility in 15 | |
702 | + | accordance with the terms established by the local school district board of 16 | |
703 | + | directors of the public school district in an agreement governing the 17 | |
704 | + | relationship between the open -enrollment public charter school and the public 18 | |
705 | + | school district. 19 | |
706 | + | (C) If the facility that will be used for the open -20 | |
707 | + | enrollment public charter school is owned by or leased from a sectarian 21 | |
708 | + | organization, the terms of the facility agreement must shall be disclosed to 22 | |
709 | + | the authorizer; and 23 | |
710 | + | (6) Include a detailed budget and a governance plan for the 24 | |
711 | + | operation of the open -enrollment public charter school. 25 | |
712 | + | 26 | |
713 | + | SECTION 16. Arkansas Code § 6 -23-303 is amended to read as follows: 27 | |
714 | + | 6-23-303. Authorization for an open -enrollment public charter school. 28 | |
715 | + | As requested by the Upon request of an applicant for an open -enrollment 29 | |
716 | + | public charter school, the authorizer shall review the application for an 30 | |
717 | + | open-enrollment public charter school and may approve any application that: 31 | |
718 | + | (1) Provides a plan for academic achievement that addresses how 32 | |
719 | + | the open-enrollment public charter school proposes to improve student 33 | |
720 | + | learning and meet or exceed the state education goals; 34 | |
721 | + | (2) Includes a set of performance criteria that will be used 35 | |
722 | + | during the initial five -year period of the open -enrollment public charter 36 HB1672 | |
444 | 723 | ||
445 | - | 6-23-104. Charter form for public charter schools — Requirements — 1 | |
446 | - | Revision. 2 | |
447 | - | (a) A charter for a public charter school shall: 3 | |
448 | - | (1) Be in the form of a written contract signed by the 4 | |
449 | - | Commissioner of Elementary and Secondary Education and the chief operating 5 | |
450 | - | officer of the public charter school an authorized member of the charter 6 | |
451 | - | school board; 7 | |
452 | - | (2) Satisfy the requirements of this chapter; and 8 | |
453 | - | (3) Ensure that the information required under § 6 -23-404 is 9 | |
454 | - | consistent with the information provided in the application and any 10 | |
455 | - | modification that the authorizer may require. 11 | |
456 | - | (b) Any A revision or amendment of the charter for a public charter 12 | |
457 | - | school may be made only with the approval of the authorizer. 13 | |
458 | - | (c) An open-enrollment A public charter school shall post the most 14 | |
459 | - | recent version of the written contract its charter on the website of the 15 | |
460 | - | open-enrollment public charter school by August 1 each year. 16 | |
724 | + | 20 03/03/2025 4:06:30 PM TNL093 | |
725 | + | school's operation to measure its progress in meeting its academic , 1 | |
726 | + | financial, and operational performance goals; 2 | |
727 | + | (3) Includes a proposal to directly and substantially involve 3 | |
728 | + | the parents of students to be enrolled in the open -enrollment public charter 4 | |
729 | + | school, the licensed employees, and the broader community in carrying out the 5 | |
730 | + | terms of the open-enrollment charter; 6 | |
731 | + | (4) Includes an agreement to provide an annual report to 7 | |
732 | + | parents, the community, and the authorizer that demonstrates the progress 8 | |
733 | + | made by the open-enrollment public charter school during the previous 9 | |
734 | + | academic year in meeting its academic , financial, and operational performance 10 | |
735 | + | objectives goals; 11 | |
736 | + | (5) Includes a detailed budget, a business plan, and a 12 | |
737 | + | governance plan for the operation of the open -enrollment public charter 13 | |
738 | + | school; and 14 | |
739 | + | (6) Establishes the eligible entity's application status as a 15 | |
740 | + | tax-exempt organization under § 501(c)(3) of the Internal Revenue Code of 16 | |
741 | + | 1986 before the first day of its operation with students. 17 | |
742 | + | 18 | |
743 | + | SECTION 17. Arkansas Code § 6 -23-304(a), concerning approval or denial 19 | |
744 | + | of an application for an open -enrollment public charter school, is amended to 20 | |
745 | + | read as follows: 21 | |
746 | + | (a) The authorizer may approve or deny an application based on: 22 | |
747 | + | (1) Criteria provided by law or by rule adopted by the State 23 | |
748 | + | Board of Education; and 24 | |
749 | + | (2) Findings of the authorizer relating to improving student 25 | |
750 | + | performance and encouraging innovative programs ; and 26 | |
751 | + | (3) Written findings or statements received by the authorizer 27 | |
752 | + | from any public school district likely to be affected by the open -enrollment 28 | |
753 | + | public charter school . 29 | |
754 | + | 30 | |
755 | + | SECTION 18. Arkansas Code § 6 -23-304(c) and (d), concerning the number 31 | |
756 | + | of campuses an open-enrollment public charter school may opeen and operate, 32 | |
757 | + | is amended to read as follows: 33 | |
758 | + | (c)(1) An open-enrollment public charter school applicant's school 34 | |
759 | + | school's campus shall be limited to a single open -enrollment public charter 35 | |
760 | + | school per charter except as allowed in subsection (d) of this section. 36 HB1672 | |
761 | + | ||
762 | + | 21 03/03/2025 4:06:30 PM TNL093 | |
763 | + | (2) A private or parochial elementary or secondary school shall 1 | |
764 | + | not be eligible for open -enrollment public charter school status. 2 | |
765 | + | (d) A charter applicant that receives an approved open -enrollment 3 | |
766 | + | public charter may petition the authorizer for additional licenses to 4 | |
767 | + | establish an open-enrollment public charter school in any of the various 5 | |
768 | + | congressional districts approval to open and operate additional campuses in 6 | |
769 | + | Arkansas if the applicant meets the following conditions: 7 | |
770 | + | (1) The approved open -enrollment public charter applicant school 8 | |
771 | + | is meeting the terms and performance criteria of its charter and has 9 | |
772 | + | demonstrated academic success as defined by the state board for all public 10 | |
773 | + | schools; 11 | |
774 | + | (2) The approved open -enrollment public charter applicant has 12 | |
775 | + | not: 13 | |
776 | + | (A) Been subject to any disciplinary action by the 14 | |
777 | + | authorizer; 15 | |
778 | + | (B) Been classified as in need of Level 5 — Intensive 16 | |
779 | + | support or fiscal distress found to exhibit academic, fiscal, or 17 | |
780 | + | organizational deficiencies ; and 18 | |
781 | + | (C) Had its open-enrollment public charter placed on 19 | |
782 | + | charter school probation or suspended or revoked under § 6 -23-105; and 20 | |
783 | + | (3) The authorizer determines in writing by majority of a quorum 21 | |
784 | + | present that the approved open-enrollment public charter applicant has 22 | |
785 | + | generally established the educational program results and criteria set forth 23 | |
786 | + | in this subsection. 24 | |
787 | + | 25 | |
788 | + | SECTION 19. Arkansas Code § 6 -23-307 is amended to read as follows: 26 | |
789 | + | 6-23-307. Renewal of charter. 27 | |
790 | + | (a)(1) After the initial five -year period of an open -enrollment public 28 | |
791 | + | charter, the authorizer may renew the open -enrollment public charter on a 29 | |
792 | + | one-year or multiyear basis, not to exceed twenty (20) years. 30 | |
793 | + | (2) A renewal decision shall be based on the academic, 31 | |
794 | + | financial, and operational performance of a charter school over the term of a 32 | |
795 | + | charter contract. 33 | |
796 | + | (b) The State Board of Education Division of Elementary and Secondary 34 | |
797 | + | Education shall create an expedited renewal process for open -enrollment 35 | |
798 | + | public charter schools that meet certain criteria that includes the following 36 HB1672 | |
799 | + | ||
800 | + | 22 03/03/2025 4:06:30 PM TNL093 | |
801 | + | without limitation: 1 | |
802 | + | (1) A school rating that is above the state average based on the 2 | |
803 | + | most recent results of the Arkansas school rating system established under §§ 3 | |
804 | + | 6-15-2105 and 6-15-2106 and state board State Board of Education rules; 4 | |
805 | + | (2) Demonstration of exceptional academic growth with enrolled 5 | |
806 | + | students, as defined by the state board ; and 6 | |
807 | + | (3) Adherence to all operational and financial requirements, as 7 | |
808 | + | defined by the state board ; and 8 | |
809 | + | (4) Demonstration of operational viability and financial 9 | |
810 | + | sustainability as evidenced by performance indicators . 10 | |
811 | + | 11 | |
812 | + | SECTION 20. Arkansas Code § 6 -23-401(b)(1), concerning rules and 12 | |
813 | + | restrictions imposed on open -enrollment public charter schools, is amended to 13 | |
814 | + | read as follows: 14 | |
815 | + | (b) An open-enrollment public charter school is subject to any 15 | |
816 | + | prohibition, restriction, or requirement imposed by this title and any rule 16 | |
817 | + | promulgated by the State Board of Education under this title relating to: 17 | |
818 | + | (1) Monitoring compliance with this chapter, as determined by 18 | |
819 | + | the commissioner authorizer; 19 | |
820 | + | (2) Public school accountability under this title; 20 | |
821 | + | (3) High school graduation requirements as established by the 21 | |
822 | + | state board; 22 | |
823 | + | (4) Special education programs as provided by this title; 23 | |
824 | + | (5) Conducting criminal background checks for employees as 24 | |
825 | + | provided in this title; 25 | |
826 | + | (6) Health and safety codes as established by the state board 26 | |
827 | + | and local governmental entities; and 27 | |
828 | + | (7) Reporting through the Arkansas Public School Computer 28 | |
829 | + | Network applications as provided under this title. 29 | |
830 | + | 30 | |
831 | + | SECTION 21. Arkansas Code § 6 -23-402 is amended to read as follows: 31 | |
832 | + | 6-23-402. Enrollment numbers and deadline. 32 | |
833 | + | (a) An open-enrollment public charter school may enroll a number of 33 | |
834 | + | students not to exceed the number of students specified in its charter. 34 | |
835 | + | (b)(1) Any student enrolling in an open -enrollment public charter 35 | |
836 | + | school shall enroll in that school by July 30 for the upcoming school year 36 HB1672 | |
837 | + | ||
838 | + | 23 03/03/2025 4:06:30 PM TNL093 | |
839 | + | during which the student will be attending the open -enrollment public charter 1 | |
840 | + | school. 2 | |
841 | + | (2) However, if a student enrolled by July 15 should no longer 3 | |
842 | + | choose to attend the open -enrollment public charter school or if the open -4 | |
843 | + | enrollment public charter school has not yet met its enrollment cap, the 5 | |
844 | + | open-enrollment public charter school may enroll a number of replacement or 6 | |
845 | + | additional students not to exceed the enrollment cap of the open -enrollment 7 | |
846 | + | public charter school. 8 | |
847 | + | (3) An open-enrollment public charter school shall have a policy 9 | |
848 | + | concerning whether the open -enrollment public charter school will enroll 10 | |
849 | + | students after July 30. 11 | |
850 | + | (c)(b) Open-enrollment public charter schools shall keep records of 12 | |
851 | + | attendance in accordance with the law and submit quarterly attendance reports 13 | |
852 | + | to the Division of Elementary and Secondary Education. 14 | |
853 | + | 15 | |
854 | + | SECTION 22. Arkansas Code § 6 -23-404 is amended to read as follows: 16 | |
855 | + | 6-23-404. Evaluation of open -enrollment public charter schools. 17 | |
856 | + | (a) The Division of Elementary and Secondary Education shall cause to 18 | |
857 | + | be conducted conduct an annual evaluation of open -enrollment public charter 19 | |
858 | + | schools. 20 | |
859 | + | (b) An annual evaluation shall include without limitation 21 | |
860 | + | consideration of: be based on a review of the criteria that is specified in 22 | |
861 | + | the public charter school's charter and the public charter school's letter 23 | |
862 | + | grade, in accordance with applicable rules. 24 | |
863 | + | (1) Student scores under the statewide assessment program 25 | |
864 | + | described in § 6-15-433 [repealed]; 26 | |
865 | + | (2) Student attendance; 27 | |
866 | + | (3) Student grades; 28 | |
867 | + | (4) Incidents involving student discipline; 29 | |
868 | + | (5) Socioeconomic data on students' families; 30 | |
869 | + | (6) Parental satisfaction with the schools; 31 | |
870 | + | (7) Student satisfaction with the schools; and 32 | |
871 | + | (8) The open-enrollment public charter school's compliance with 33 | |
872 | + | § 6-23-107. 34 | |
873 | + | (c) The authorizer may require the a charter holder to appear before 35 | |
874 | + | the authorizer to discuss the results of the annual evaluation and to present 36 HB1672 | |
875 | + | ||
876 | + | 24 03/03/2025 4:06:30 PM TNL093 | |
877 | + | further information to the authorizer as the authorizer deems necessary. 1 | |
878 | + | 2 | |
879 | + | SECTION 23. Arkansas Code § 6 -23-405 is amended to read as follows: 3 | |
880 | + | 6-23-405. Monthly reports Initial year monitoring. 4 | |
881 | + | An open-enrollment public charter school in its initial school year of 5 | |
882 | + | operation shall provide monthly reports on its enrollment status and 6 | |
883 | + | compliance with its approved budget for the current school year to the The 7 | |
884 | + | Division of Elementary and Secondary Education shall monitor open-enrollment 8 | |
885 | + | public charter schools with regard to student enrollment and budgetary 9 | |
886 | + | compliance. 10 | |
887 | + | 11 | |
888 | + | SECTION 24. Arkansas Code § 6 -23-406 is repealed. 12 | |
889 | + | 6-23-406. Division of Elementary and Secondary Education review. 13 | |
890 | + | The Division of Elementary and Secondary Education shall: 14 | |
891 | + | (1) Conduct an end-of-semester review of each open -enrollment 15 | |
892 | + | public charter school that is in its initial school year of operation at the 16 | |
893 | + | end of the first semester and at the end of the school year; and 17 | |
894 | + | (2) Report to the State Board of Education and the Commissioner 18 | |
895 | + | of Elementary and Secondary Education on the open -enrollment public charter 19 | |
896 | + | school's: 20 | |
897 | + | (A) Overall financial condition; and 21 | |
898 | + | (B) Overall condition of student enrollment. 22 | |
899 | + | 23 | |
900 | + | SECTION 25. Arkansas Code § 6 -23-701(b) and (c), concerning the 24 | |
901 | + | charter authorizing panel, are amended to read as follows: 25 | |
902 | + | (b)(1) The division shall exercise authority over public charter 26 | |
903 | + | schools under this chapter through a public by recommending to a charter 27 | |
904 | + | authorizing panel established within the division that the charter 28 | |
905 | + | authorizing panel take actions authorized under subsection (a) of this 29 | |
906 | + | section. 30 | |
907 | + | (2)(A) The Commissioner of Elementary and Secondary Education 31 | |
908 | + | shall appoint a public charter authorizing panel the members of the charter 32 | |
909 | + | authorizing panel that may consist of individuals from outside the division 33 | |
910 | + | as well as professional staff employed at the division to serve at the 34 | |
911 | + | pleasure of the commissioner. 35 | |
912 | + | (B) The commissioner may elect to serve as a member on the 36 HB1672 | |
913 | + | ||
914 | + | 25 03/03/2025 4:06:30 PM TNL093 | |
915 | + | public charter authorizing panel as the chair Members of the charter 1 | |
916 | + | authorizing panel may be: 2 | |
917 | + | (i) Individuals from outside the division; 3 | |
918 | + | (ii) Professional staff employed by the division; or 4 | |
919 | + | (iii) The commissioner . 5 | |
920 | + | (3) The public charter authorizing panel charter authorizing 6 | |
921 | + | panel shall be composed of an odd number of members and shall consist of no 7 | |
922 | + | less than five (5) members and no more than eleven (11) members : 8 | |
923 | + | (A) Seven (7) members; and 9 | |
924 | + | (D) A simple majority of members from outside the 10 | |
925 | + | Department of Education . 11 | |
926 | + | (c) The Upon approval of the division, the charter authorizing panel: 12 | |
927 | + | (1) Shall review applications to establish, renew, modify, 13 | |
928 | + | revoke, transfer, or assign a new or existing public charter; and may 14 | |
929 | + | (2) May waive provisions of this title or and State Board of 15 | |
930 | + | Education rules as allowed by law for public charters. 16 | |
461 | 931 | 17 | |
462 | - | SECTION | |
463 | - | ||
464 | - | ( | |
465 | - | ||
466 | - | ||
467 | - | 23 | |
468 | - | ||
469 | - | ||
470 | - | ||
471 | - | | |
472 | - | ||
473 | - | the authorizer | |
474 | - | ||
475 | - | ||
476 | - | ||
477 | - | ( | |
478 | - | ||
479 | - | ||
480 | - | ||
932 | + | SECTION 26. Arkansas Code § 6 -23-701(e), concerning the primary 18 | |
933 | + | authorizer of public charters, is amended to read as follows: 19 | |
934 | + | (e) The division shall be the primary authorizer of public charters 20 | |
935 | + | except as provided under § 6 -23-703. 21 | |
936 | + | (f) The state board may promulgate rules as necessary to administer 22 | |
937 | + | this subchapter. 23 | |
938 | + | 24 | |
939 | + | SECTION 27. Arkansas Code § 6 -23-703 is amended to read as follows: 25 | |
940 | + | 6-23-703. State Board of Education optional appellate review. 26 | |
941 | + | (a) On a motion approved by a majority vote, the State Board of 27 | |
942 | + | Education may exercise a right of review of a charter determination made by 28 | |
943 | + | the charter authorizer at the next regularly scheduled state board meeting 29 | |
944 | + | after receiving notice provided under § 6 -23-702(b). 30 | |
945 | + | (b) If the state board votes to review a final decision made by the 31 | |
946 | + | charter authorizer, the state board shall: 32 | |
947 | + | (1) State the specific additional information the state board 33 | |
948 | + | requires from the Division of Elementary and Secondary Education, public 34 | |
949 | + | charter school, public charter school applicant, or affected school district; 35 | |
950 | + | (2) Conduct a full hearing regarding a final decision by the 36 HB1672 | |
481 | 951 | ||
482 | - | 13 04-07-2025 10:31:54 TNL093 | |
952 | + | 26 03/03/2025 4:06:30 PM TNL093 | |
953 | + | division under § 6-23-701(a); and 1 | |
954 | + | (3) Hold the hearing at the earlier of: 2 | |
955 | + | (A) The next regularly scheduled state board meeting 3 | |
956 | + | following the state board meeting during which the state board voted to 4 | |
957 | + | authorize a review; or 5 | |
958 | + | (B) A special board meeting called by the state board. 6 | |
959 | + | (c)(1) At the conclusion of the hearing, the state board may issue a 7 | |
960 | + | final decision by state board vote. 8 | |
961 | + | (2) The state board may decide by majority vote of the quorum 9 | |
962 | + | to: 10 | |
963 | + | (A) Affirm the decision of the division; 11 | |
964 | + | (B) Take other lawful action on the public charter; or 12 | |
965 | + | (C)(i) Request additional information from the division, 13 | |
966 | + | public charter school, public charter school applicant, or affected school 14 | |
967 | + | district, if needed. 15 | |
968 | + | (ii) If the state board requests additional 16 | |
969 | + | information under subdivision (c)(2)(C)(i) of this section, the state board 17 | |
970 | + | shall hold a subsequent hearing at the earlier of: 18 | |
971 | + | (a) The next regularly scheduled state board 19 | |
972 | + | meeting; or 20 | |
973 | + | (b) A special board meeting called by the 21 | |
974 | + | state board. 22 | |
975 | + | (3) A decision made by the state board is final with no right of 23 | |
976 | + | appeal. 24 | |
977 | + | (d) The state board may promulgate rules as necessary to implement 25 | |
978 | + | this section. 26 | |
979 | + | (a) A public charter school or an applicant to become a public charter 27 | |
980 | + | school may appeal any adverse ruling from the authorizer to the State Board 28 | |
981 | + | of Education. 29 | |
982 | + | (b)(1) If a public charter school or an applicant to become a public 30 | |
983 | + | charter school chooses to appeal an adverse ruling from the authorizer under 31 | |
984 | + | subsection (a) of this section, the public charter school or the applicant to 32 | |
985 | + | become a public charter school shall file a written notice of appeal with the 33 | |
986 | + | state board within fifteen (15) calendar days of the authorizer's adverse 34 | |
987 | + | ruling. 35 | |
988 | + | (2) A written notice of appeal filed with the state board under 36 HB1672 | |
483 | 989 | ||
484 | - | ||
485 | - | (ii) Not issue an annual report as required under § 1 | |
486 | - | 6-15-2101 until the eligible entity to which the charter was transferred has 2 | |
487 | - | completed at least one (1) school year. 3 | |
488 | - | 4 | |
489 | - | SECTION 9. Arkansas Code § 6 -23-105(d), concerning a procedure used to 5 | |
490 | - | place a public charter school on probation or modifying, revoking, 6 | |
491 | - | transferring, assigning, or denying renewal of a charter, is amended to read 7 | |
492 | - | as follows: 8 | |
493 | - | (d)(1) The procedure adopted under subsection (c) of this section 9 | |
494 | - | shall provide an opportunity for a hearing to the persons operating the 10 | |
495 | - | public charter school. 11 | |
496 | - | (2)(A) The hearing shall be held at the Division of Elementary 12 | |
497 | - | and Secondary Education. 13 | |
498 | - | (B) The authorizer shall provide sufficient written notice 14 | |
499 | - | of the time and location of the hearing. 15 | |
500 | - | (3) There is no further right of appeal beyond the determination 16 | |
501 | - | of the authorizer. 17 | |
502 | - | (4)(3) The Arkansas Administrative Procedure Act, § 25 -15-201 et 18 | |
503 | - | seq., shall not apply to a hearing concerning a public charter school. 19 | |
504 | - | (4)(A) If a public charter school receives an "F" letter grade 20 | |
505 | - | for three (3) consecutive school years, then the public charter school's 21 | |
506 | - | charter shall be revoked. 22 | |
507 | - | (B)(i) Within ten (10) days following the notification by 23 | |
508 | - | the division to a public charter school of its receipt of an "F" letter grade 24 | |
509 | - | for the third consecutive school year and revocation of the public charter 25 | |
510 | - | school's charter, the public charter school may request a hearing before the 26 | |
511 | - | State Board of Education to request reinstatement of the charter. 27 | |
512 | - | (ii) The state board shall promulgate rules 28 | |
513 | - | governing the process for submitting a request and the hearing procedures 29 | |
514 | - | under subdivision (d)(4)(A) of this section. 30 | |
515 | - | 31 | |
516 | - | SECTION 10. Arkansas Code § 6 -23-105(e)(1), concerning actions an 32 | |
517 | - | open-enrollment public charter school must take upon the revocation, 33 | |
518 | - | transfer, or assignment of its charter, is amended to read as follows: 34 | |
519 | - | (e)(1)(A) Immediately upon the revocation, transfer, or assignment of 35 | |
520 | - | an open-enrollment a charter by the authorizer, an open -enrollment public 36 As Engrossed: H3/31/25 H4/7/25 HB1672 | |
521 | - | ||
522 | - | 14 04-07-2025 10:31:54 TNL093 | |
523 | - | ||
524 | - | ||
525 | - | charter school shall: 1 | |
526 | - | (i) Provide to the division a detailed accounting of 2 | |
527 | - | all accounts payable due from the state funds held by the open -enrollment 3 | |
528 | - | public charter school and any additional information or records requested by 4 | |
529 | - | the division concerning the disbursement of the state funds; 5 | |
530 | - | (ii) Provide the division with a comprehensive list 6 | |
531 | - | of all banking information and accounts in which the open -enrollment public 7 | |
532 | - | charter school holds state or federal funds; 8 | |
533 | - | (iii) Receive prior approval from the division for 9 | |
534 | - | an expenditure over five hundred dollars ($500); and 10 | |
535 | - | (iv) Work in coordination with the division to draft 11 | |
536 | - | and implement a charter closure plan. 12 | |
537 | - | (B)(i) Immediately upon the State Board of Education's 13 | |
538 | - | affirmation of a authorizer's revocation, assignment, or transfer of an open-14 | |
539 | - | enrollment public charter school's charter , the open-enrollment public 15 | |
540 | - | charter school shall transfer all state and federal funds held by the open -16 | |
541 | - | enrollment public charter school to the division. 17 | |
542 | - | (ii) The division shall hold: 18 | |
543 | - | (a) Hold funds received under subdivision 19 | |
544 | - | (e)(1)(B)(i) of this section in receivership in a separate fund ; and shall 20 | |
545 | - | expend 21 | |
546 | - | (b) Expend the funds received under 22 | |
547 | - | subdivision (e)(1)(B)(i) of this section only with prior approval of the 23 | |
548 | - | Commissioner of Elementary and Secondary Education. 24 | |
549 | - | 25 | |
550 | - | SECTION 11. Arkansas Code § 6 -23-107 is amended to read as follows: 26 | |
551 | - | 6-23-107. Reporting requirements. 27 | |
552 | - | (a) Within ten (10) calendar days of the close of the first quarter of 28 | |
553 | - | each school year, a A public charter school shall submit a written report, as 29 | |
554 | - | prescribed in its charter and performance framework, to the Division of 30 | |
555 | - | Elementary and Secondary Education authorizer in the format required by the 31 | |
556 | - | Division of Elementary and Secondary Education that contains the following 32 | |
557 | - | information for the current school year without limitation: 33 | |
558 | - | (1) The number of applications for enrollment received 34 | |
559 | - | Enrollment data; 35 | |
560 | - | (2) The number of applicants with a disability identified under 36 As Engrossed: H3/31/25 H4/7/25 HB1672 | |
561 | - | ||
562 | - | 15 04-07-2025 10:31:54 TNL093 | |
563 | - | ||
564 | - | ||
565 | - | the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. The 1 | |
566 | - | number of applications for enrollment received ; and 2 | |
567 | - | (3) The number of applications for enrollment the public charter 3 | |
568 | - | school denied and an explanation of the reason for each denial accepted; 4 | |
569 | - | (4) The student subpopulation data; 5 | |
570 | - | (5) Retention data; 6 | |
571 | - | (6) Attrition data; 7 | |
572 | - | (7) Disciplinary actions taken against enrolled students; and 8 | |
573 | - | (8) Student assessment scores . 9 | |
574 | - | (b) Within ten (10) calendar days of the close of the fourth quarter 10 | |
575 | - | of each school year, a public charter school shall submit a written report to 11 | |
576 | - | the division that contains the following information for the current school 12 | |
577 | - | year: 13 | |
578 | - | (1) The number of students in each of the following categories: 14 | |
579 | - | (A) Students who dropped out of the public charter school 15 | |
580 | - | during the school year; 16 | |
581 | - | (B) Students who were expelled during the school year by 17 | |
582 | - | the public charter school; and 18 | |
583 | - | (C) Students who were enrolled in the public charter 19 | |
584 | - | school but for a reason other than those cited in subdivisions (b)(1)(A) and 20 | |
585 | - | (B) of this section did not complete the school year at the public charter 21 | |
586 | - | school; and 22 | |
587 | - | (2)(A) For all students enrolled in the public charter school, 23 | |
588 | - | the scores for assessments required under the Arkansas Educational Support 24 | |
589 | - | and Accountability Act, § 6 -15-2901 et seq. 25 | |
590 | - | (B) If there is any discrepancy in the number of students 26 | |
591 | - | for whom scores are reported under this subdivision (b)(2) and the number of 27 | |
592 | - | students enrolled at the beginning of the school year, the public charter 28 | |
593 | - | school shall explain in the report the reason for the discrepancy. 29 | |
594 | - | (c)(b) The division shall not exempt a public charter school from the 30 | |
595 | - | reporting required under this section. 31 | |
596 | - | (d) The division shall publish a copy of each report on the division's 32 | |
597 | - | website. 33 | |
598 | - | (e)(c) If a public charter school fails to comply with this section, 34 | |
599 | - | the division shall note the failure in the annual evaluation of the public 35 | |
600 | - | charter school. 36 As Engrossed: H3/31/25 H4/7/25 HB1672 | |
601 | - | ||
602 | - | 16 04-07-2025 10:31:54 TNL093 | |
603 | - | ||
604 | - | ||
605 | - | 1 | |
606 | - | SECTION 12. Arkansas Code § 6 -23-201 is amended to read as follows: 2 | |
607 | - | (a)(1) Any public school district may apply to the authorizer for 3 | |
608 | - | conversion public charter school status for a public school in the public 4 | |
609 | - | school district in accordance with a schedule approved by the authorizer 5 | |
610 | - | using the application developed by the Division of Elementary and Secondary 6 | |
611 | - | Education. 7 | |
612 | - | (2) A public school district's application for conversion public 8 | |
613 | - | charter school status for the public school may include, but shall not be 9 | |
614 | - | limited to, the following purposes: 10 | |
615 | - | (A) Adopting research -based school or instructional 11 | |
616 | - | designs, or both, that focus on improving student and school performance, 12 | |
617 | - | which may include without limitation the implementation of a community school 13 | |
618 | - | plan, as defined by § 6 -15-3002; 14 | |
619 | - | (B) Addressing school improvement status resulting from 15 | |
620 | - | sanctions listed in § 6 -15-207(c)(8) and § 6-15-429(a) and (b) [repealed]; or 16 | |
621 | - | (C) Partnering with other public school districts or 17 | |
622 | - | public schools to address students' needs in a geographical location or 18 | |
623 | - | multiple locations. 19 | |
624 | - | (b) Such application shall: 20 | |
625 | - | (1)(A) Describe the results of a public hearing called by the 21 | |
626 | - | local school district board of directors for the purpose of assessing support 22 | |
627 | - | of an application for conversion public charter school status. 23 | |
628 | - | (B) Notice of the public hearing shall be: 24 | |
629 | - | (i) Distributed to the community, licensed 25 | |
630 | - | personnel, and the parents of all students enrolled at the public school for 26 | |
631 | - | which the public school district initiated the application; and 27 | |
632 | - | (ii) Published in a newspaper having general 28 | |
633 | - | circulation in the public school district at least three (3) weeks before the 29 | |
634 | - | date of the meeting; 30 | |
635 | - | (2) Describe a plan for school improvement that addresses how 31 | |
636 | - | the conversion public charter school will improve student learning and meet 32 | |
637 | - | the state education goals; 33 | |
638 | - | (3) Outline proposed performance criteria that will be used 34 | |
639 | - | during the initial five -year period of the charter to measure the progress of 35 | |
640 | - | the conversion public charter school in improving student learning and 36 As Engrossed: H3/31/25 H4/7/25 HB1672 | |
641 | - | ||
642 | - | 17 04-07-2025 10:31:54 TNL093 | |
643 | - | ||
644 | - | ||
645 | - | meeting or exceeding the state education goals; 1 | |
646 | - | (4) Describe how the licensed employees and parents of students 2 | |
647 | - | to be enrolled in the conversion public charter school will be involved in 3 | |
648 | - | developing and implementing the school improvement plan and identifying 4 | |
649 | - | performance criteria; 5 | |
650 | - | (5) Describe how the concerns of licensed employees and parents 6 | |
651 | - | of students enrolled in the conversion public charter school will be 7 | |
652 | - | solicited and addressed in evaluating the effectiveness of the improvement 8 | |
653 | - | plan; and 9 | |
654 | - | (6) List the specific provisions of this title and the specific 10 | |
655 | - | rules promulgated by the State Board of Education from which the conversion 11 | |
656 | - | public charter school will be exempt. 12 | |
657 | - | (c)(1) A licensed teacher employed by a public school in the school 13 | |
658 | - | year immediately preceding the effective date of a charter for a public 14 | |
659 | - | school conversion within that public school district may not be transferred 15 | |
660 | - | to or be employed by the conversion public charter school over the licensed 16 | |
661 | - | teacher's objection, nor shall that objection be used as a basis to deny 17 | |
662 | - | continuing employment within the public school district in another public 18 | |
663 | - | school at a similar grade level. 19 | |
664 | - | (2) If the transfer of a teacher within the public school 20 | |
665 | - | district is not possible because only one (1) public school exists for that 21 | |
666 | - | teacher's licensure level, then the local school district board of directors 22 | |
667 | - | shall call for a vote of the licensed teachers in the proposed conversion 23 | |
668 | - | public charter school site and proceed, at the option of the local school 24 | |
669 | - | board of directors, with the conversion public charter school application if 25 | |
670 | - | a majority of the licensed teachers approve the proposal. 26 | |
671 | - | 27 | |
672 | - | SECTION 13. Arkansas Code § 6 -23-202 is amended to read as follows: 28 | |
673 | - | 6-23-202. Authorization for conversion public charter school status. 29 | |
674 | - | As requested by the Upon request of a conversion public charter school 30 | |
675 | - | applicant, the authorizer shall review the application for conversion public 31 | |
676 | - | charter school status and may approve any or deny an application that: 32 | |
677 | - | (1) Provides a plan for improvement at the school level for 33 | |
678 | - | improving student learning and for meeting or exceeding the state education 34 | |
679 | - | goals; 35 | |
680 | - | (2) Includes a set of performance -based objectives and student 36 As Engrossed: H3/31/25 H4/7/25 HB1672 | |
681 | - | ||
682 | - | 18 04-07-2025 10:31:54 TNL093 | |
683 | - | ||
684 | - | ||
685 | - | achievement objectives for the term of the charter and the means for 1 | |
686 | - | measuring those objectives on at least a yearly basis; 2 | |
687 | - | (3) Includes a proposal to directly and substantially involve 3 | |
688 | - | the parents of students to be enrolled in the conversion public charter 4 | |
689 | - | school, as well as the licensed employees and the broader community, in the 5 | |
690 | - | process of carrying out the terms of the charter; and 6 | |
691 | - | (4) Includes an agreement to provide a yearly report to parents, 7 | |
692 | - | the community, the local school district board of directors, and the 8 | |
693 | - | authorizer that indicates the progress made by the conversion public charter 9 | |
694 | - | school in meeting the performance objectives during the previous year . 10 | |
695 | - | 11 | |
696 | - | SECTION 14. Arkansas Code § 6 -23-301 is amended to read as follows: 12 | |
697 | - | 6-23-301. Application forms and procedures for open -enrollment public 13 | |
698 | - | charter schools. 14 | |
699 | - | (a) The authorizer shall adopt: 15 | |
700 | - | (1) An application form, a schedule, and a procedure that must 16 | |
701 | - | be used to apply for a charter for an open -enrollment public charter school; 17 | |
702 | - | and 18 | |
703 | - | (2) Criteria to use in selecting a program for which a charter 19 | |
704 | - | may be granted. 20 | |
705 | - | (b) The application form must provide space for including all 21 | |
706 | - | information required under this chapter to be contained in the charter. 22 | |
707 | - | 23 | |
708 | - | SECTION 15. Arkansas Code § 6 -23-302(c), concerning an application to 24 | |
709 | - | become an open-enrollment public charter school, is amended to read as 25 | |
710 | - | follows: 26 | |
711 | - | (c) The application under this section shall: 27 | |
712 | - | (1)(A) Describe the results of a public hearing called by the 28 | |
713 | - | applicant for the purpose of assessing support for an application for an 29 | |
714 | - | open-enrollment public charter school. 30 | |
715 | - | (B)(i) Notice of the public hearing shall be published one 31 | |
716 | - | (1) time a week for three (3) consecutive weeks in a newspaper having general 32 | |
717 | - | circulation in the public school district in which the open -enrollment public 33 | |
718 | - | charter school is likely to be located. 34 | |
719 | - | (ii) The last publication of notice shall be no less 35 | |
720 | - | than seven (7) days before the public meeting. 36 As Engrossed: H3/31/25 H4/7/25 HB1672 | |
721 | - | ||
722 | - | 19 04-07-2025 10:31:54 TNL093 | |
723 | - | ||
724 | - | ||
725 | - | (iii) The notice shall not be published in the 1 | |
726 | - | classified or legal notice section of the newspaper. 2 | |
727 | - | (C)(i) Within seven (7) calendar days following the first 3 | |
728 | - | publication of notice required under subdivision (c)(1)(B) of this section, 4 | |
729 | - | letters announcing the public hearing shall be sent to the superintendent of 5 | |
730 | - | each of the public school districts from which the open -enrollment public 6 | |
731 | - | charter school is likely to draw students for the purpose of enrollment and 7 | |
732 | - | the superintendent of any public school district that is contiguous to the 8 | |
733 | - | public school district in which the open -enrollment public charter school 9 | |
734 | - | will be located. 10 | |
735 | - | (ii) An affected school district may submit written 11 | |
736 | - | comments concerning the application to the authorizer to be considered at the 12 | |
737 | - | time of the authorizer's review of the application; 13 | |
738 | - | (2) Describe a plan for academic achievement that addresses how 14 | |
739 | - | the open-enrollment public charter school will improve student learning and 15 | |
740 | - | meet or exceed the state education goals, which may include without 16 | |
741 | - | limitation the implementation of a community school plan, as defined by § 6 -17 | |
742 | - | 15-3002; 18 | |
743 | - | (3) Outline the proposed performance criteria that will be used 19 | |
744 | - | during the initial five -year period of the open -enrollment public charter 20 | |
745 | - | school operation to measure its progress in improving student learning and 21 | |
746 | - | meeting or exceeding the state education goals; 22 | |
747 | - | (4) List the specific provisions of this title and the specific 23 | |
748 | - | rules promulgated by the State Board of Education from which the open -24 | |
749 | - | enrollment public charter school seeks to be exempted; 25 | |
750 | - | (5)(A) Describe in general terms the area within the boundaries 26 | |
751 | - | of the school district where the applicant intends to obtain a facility to be 27 | |
752 | - | used for the open-enrollment public charter school. 28 | |
753 | - | (B) If the facility to be used for an open -enrollment 29 | |
754 | - | public charter school is a public school district facility, the open -30 | |
755 | - | enrollment public charter school must shall operate in the facility in 31 | |
756 | - | accordance with the terms established by the local school district board of 32 | |
757 | - | directors of the public school district in an agreement governing the 33 | |
758 | - | relationship between the open -enrollment public charter school and the public 34 | |
759 | - | school district. 35 | |
760 | - | (C) If the facility that will be used for the open -36 As Engrossed: H3/31/25 H4/7/25 HB1672 | |
761 | - | ||
762 | - | 20 04-07-2025 10:31:54 TNL093 | |
763 | - | ||
764 | - | ||
765 | - | enrollment public charter school is owned by or leased from a sectarian 1 | |
766 | - | organization, the terms of the facility agreement must shall be disclosed to 2 | |
767 | - | the authorizer; and 3 | |
768 | - | (6) Include a detailed budget and a governance plan for the 4 | |
769 | - | operation of the open -enrollment public charter school. 5 | |
770 | - | 6 | |
771 | - | SECTION 16. Arkansas Code § 6 -23-303 is amended to read as follows: 7 | |
772 | - | 6-23-303. Authorization for an open -enrollment public charter school. 8 | |
773 | - | As requested by the Upon request of an applicant for an open -enrollment 9 | |
774 | - | public charter school, the authorizer shall review the application for an 10 | |
775 | - | open-enrollment public charter school and may approve any application that: 11 | |
776 | - | (1) Provides a plan for academic achievement that addresses how 12 | |
777 | - | the open-enrollment public charter school proposes to improve student 13 | |
778 | - | learning and meet or exceed the state education goals; 14 | |
779 | - | (2) Includes a set of performance criteria that will be used 15 | |
780 | - | during the initial five -year period of the open -enrollment public charter 16 | |
781 | - | school's operation to measure its progress in meeting its academic , 17 | |
782 | - | financial, and operational performance goals; 18 | |
783 | - | (3) Includes a proposal to directly and substantially involve 19 | |
784 | - | the parents of students to be enrolled in the open -enrollment public charter 20 | |
785 | - | school, the licensed employees, and the broader community in carrying out the 21 | |
786 | - | terms of the open-enrollment charter; 22 | |
787 | - | (4) Includes an agreement to provide an annual report to 23 | |
788 | - | parents, the community, and the authorizer that demonstrates the progress 24 | |
789 | - | made by the open-enrollment public charter school during the previous 25 | |
790 | - | academic year in meeting its academic , financial, and operational performance 26 | |
791 | - | objectives goals; 27 | |
792 | - | (5) Includes a detailed budget, a business plan, and a 28 | |
793 | - | governance plan for the operation of the open -enrollment public charter 29 | |
794 | - | school; and 30 | |
795 | - | (6) Establishes the eligible entity's application status as a 31 | |
796 | - | tax-exempt organization under § 501(c)(3) of the Internal Revenue Code of 32 | |
797 | - | 1986 before the first day of its operation with students. 33 | |
798 | - | 34 | |
799 | - | SECTION 17. Arkansas Code § 6 -23-304(a), concerning approval or denial 35 | |
800 | - | of an application for an open -enrollment public charter school, is amended to 36 As Engrossed: H3/31/25 H4/7/25 HB1672 | |
801 | - | ||
802 | - | 21 04-07-2025 10:31:54 TNL093 | |
803 | - | ||
804 | - | ||
805 | - | read as follows: 1 | |
806 | - | (a) The authorizer may approve or deny an application based on: 2 | |
807 | - | (1) Criteria provided by law or by rule adopted by the State 3 | |
808 | - | Board of Education; and 4 | |
809 | - | (2) Findings of the authorizer relating to improving student 5 | |
810 | - | performance and encouraging innovative programs ; and 6 | |
811 | - | (3) Written findings or statements received by the authorizer 7 | |
812 | - | from any public school district likely to be affected by the open -enrollment 8 | |
813 | - | public charter school . 9 | |
814 | - | 10 | |
815 | - | SECTION 18. Arkansas Code § 6 -23-304(c) and (d), concerning the number 11 | |
816 | - | of campuses an open-enrollment public charter school may opeen and operate, 12 | |
817 | - | is amended to read as follows: 13 | |
818 | - | (c)(1) An open-enrollment public charter school applicant's school 14 | |
819 | - | school's campus shall be limited to a single open -enrollment public charter 15 | |
820 | - | school per charter except as allowed in subsection (d) of this section. 16 | |
821 | - | (2) A private or parochial elementary or secondary school shall 17 | |
822 | - | not be eligible for open -enrollment public charter school status. 18 | |
823 | - | (d) A charter applicant that receives an approved open -enrollment 19 | |
824 | - | public charter may petition the authorizer for additional licenses to 20 | |
825 | - | establish an open-enrollment public charter school in any of the various 21 | |
826 | - | congressional districts approval to open and operate additional campuses in 22 | |
827 | - | Arkansas if the applicant meets the following conditions: 23 | |
828 | - | (1) The approved open -enrollment public charter applicant school 24 | |
829 | - | is meeting the terms and performance criteria of its charter and has 25 | |
830 | - | demonstrated academic success as defined by the state board for all public 26 | |
831 | - | schools; 27 | |
832 | - | (2) The approved open -enrollment public charter applicant has 28 | |
833 | - | not: 29 | |
834 | - | (A) Been subject to any disciplinary action by the 30 | |
835 | - | authorizer; 31 | |
836 | - | (B) Been classified as in need of Level 5 — Intensive 32 | |
837 | - | support or fiscal distress found to exhibit academic, fiscal, or 33 | |
838 | - | organizational deficiencies ; and 34 | |
839 | - | (C) Had its open-enrollment public charter placed on 35 | |
840 | - | charter school probation or suspended or revoked under § 6 -23-105; and 36 As Engrossed: H3/31/25 H4/7/25 HB1672 | |
841 | - | ||
842 | - | 22 04-07-2025 10:31:54 TNL093 | |
843 | - | ||
844 | - | ||
845 | - | (3) The authorizer determines in writing by majority of a quorum 1 | |
846 | - | present that the approved open-enrollment public charter applicant has 2 | |
847 | - | generally established the educational program results and criteria set forth 3 | |
848 | - | in this subsection. 4 | |
849 | - | 5 | |
850 | - | SECTION 19. Arkansas Code § 6 -23-307 is amended to read as follows: 6 | |
851 | - | 6-23-307. Renewal of charter. 7 | |
852 | - | (a)(1) After the initial five -year period of an open -enrollment public 8 | |
853 | - | charter, the authorizer may renew the open -enrollment public charter on a 9 | |
854 | - | one-year or multiyear basis, not to exceed twenty (20) years. 10 | |
855 | - | (2) A renewal decision shall be based on the academic, 11 | |
856 | - | financial, and operational performance of a charter school over the term of a 12 | |
857 | - | charter contract. 13 | |
858 | - | (b) The State Board of Education Division of Elementary and Secondary 14 | |
859 | - | Education shall create an expedited renewal process for open -enrollment 15 | |
860 | - | public charter schools that meet certain criteria that includes the following 16 | |
861 | - | without limitation: 17 | |
862 | - | (1) A school rating that is above the state average based on the 18 | |
863 | - | most recent results of the Arkansas school rating system established under §§ 19 | |
864 | - | 6-15-2105 and 6-15-2106 and state board State Board of Education rules; 20 | |
865 | - | (2) Demonstration of exceptional academic growth with enrolled 21 | |
866 | - | students, as defined by the state board ; and 22 | |
867 | - | (3) Adherence to all operational and financial requirements, as 23 | |
868 | - | defined by the state board ; and 24 | |
869 | - | (4) Demonstration of operational viability and financial 25 | |
870 | - | sustainability as evidenced by performance indicators . 26 | |
871 | - | 27 | |
872 | - | SECTION 20. Arkansas Code § 6 -23-401(b)(1), concerning rules and 28 | |
873 | - | restrictions imposed on open -enrollment public charter schools, is amended to 29 | |
874 | - | read as follows: 30 | |
875 | - | (b) An open-enrollment public charter school is subject to any 31 | |
876 | - | prohibition, restriction, or requirement imposed by this title and any rule 32 | |
877 | - | promulgated by the State Board of Education under this title relating to: 33 | |
878 | - | (1) Monitoring compliance with this chapter, as determined by 34 | |
879 | - | the commissioner authorizer; 35 | |
880 | - | (2) Public school accountability under this title; 36 As Engrossed: H3/31/25 H4/7/25 HB1672 | |
881 | - | ||
882 | - | 23 04-07-2025 10:31:54 TNL093 | |
883 | - | ||
884 | - | ||
885 | - | (3) High school graduation requirements as established by the 1 | |
886 | - | state board; 2 | |
887 | - | (4) Special education programs as provided by this title; 3 | |
888 | - | (5) Conducting criminal background checks for employees as 4 | |
889 | - | provided in this title; 5 | |
890 | - | (6) Health and safety codes as established by the state board 6 | |
891 | - | and local governmental entities; and 7 | |
892 | - | (7) Reporting through the Arkansas Public School Computer 8 | |
893 | - | Network applications as provided under this title. 9 | |
894 | - | 10 | |
895 | - | SECTION 21. Arkansas Code § 6 -23-402 is amended to read as follows: 11 | |
896 | - | 6-23-402. Enrollment numbers and deadline. 12 | |
897 | - | (a) An open-enrollment public charter school may enroll a number of 13 | |
898 | - | students not to exceed the number of students specified in its charter. 14 | |
899 | - | (b)(1) Any student enrolling in an open -enrollment public charter 15 | |
900 | - | school shall enroll in that school by July 30 for the upcoming school year 16 | |
901 | - | during which the student will be attending the open-enrollment public charter 17 | |
902 | - | school. 18 | |
903 | - | (2) However, if a student enrolled by July 15 should no longer 19 | |
904 | - | choose to attend the open -enrollment public charter school or if the open -20 | |
905 | - | enrollment public charter school has not yet met its enrollment cap, the 21 | |
906 | - | open-enrollment public charter school may enroll a number of replacement or 22 | |
907 | - | additional students not to exceed the enrollment cap of the open -enrollment 23 | |
908 | - | public charter school. 24 | |
909 | - | (3) An open-enrollment public charter school shall have a policy 25 | |
910 | - | concerning whether the open -enrollment public charter school will enroll 26 | |
911 | - | students after July 30. 27 | |
912 | - | (c)(b) Open-enrollment public charter schools shall keep records of 28 | |
913 | - | attendance in accordance with the law and submit quarterly attendance reports 29 | |
914 | - | to the Division of Elementary and Secondary Education. 30 | |
915 | - | 31 | |
916 | - | SECTION 22. Arkansas Code § 6 -23-404 is amended to read as follows: 32 | |
917 | - | 6-23-404. Evaluation of open -enrollment public charter schools. 33 | |
918 | - | (a) The Division of Elementary and Secondary Education shall cause to 34 | |
919 | - | be conducted conduct an annual evaluation of open -enrollment public charter 35 | |
920 | - | schools. 36 As Engrossed: H3/31/25 H4/7/25 HB1672 | |
921 | - | ||
922 | - | 24 04-07-2025 10:31:54 TNL093 | |
923 | - | ||
924 | - | ||
925 | - | (b) An annual evaluation shall include without limitation 1 | |
926 | - | consideration of: be based on a review of the criteria that is specified in 2 | |
927 | - | the public charter school's charter and the public charter school's letter 3 | |
928 | - | grade, in accordance with applicable rules. 4 | |
929 | - | (1) Student scores under the statewide assessment program 5 | |
930 | - | described in § 6-15-433 [repealed]; 6 | |
931 | - | (2) Student attendance; 7 | |
932 | - | (3) Student grades; 8 | |
933 | - | (4) Incidents involving student discipline; 9 | |
934 | - | (5) Socioeconomic data on students' families; 10 | |
935 | - | (6) Parental satisfaction with the schools; 11 | |
936 | - | (7) Student satisfaction with the schools; and 12 | |
937 | - | (8) The open-enrollment public charter school's compliance with 13 | |
938 | - | § 6-23-107. 14 | |
939 | - | (c) The authorizer may require the a charter holder to appear before 15 | |
940 | - | the authorizer to discuss the results of the annual evaluation and to present 16 | |
941 | - | further information to the authorizer as the authorizer deems necessary. 17 | |
942 | - | 18 | |
943 | - | SECTION 23. Arkansas Code § 6 -23-405 is amended to read as follows: 19 | |
944 | - | 6-23-405. Monthly reports Initial year monitoring. 20 | |
945 | - | An open-enrollment public charter school in its initial school year of 21 | |
946 | - | operation shall provide monthly reports on its enrollment status and 22 | |
947 | - | compliance with its approved budget for the current school year to the The 23 | |
948 | - | Division of Elementary and Secondary Education shall monitor open-enrollment 24 | |
949 | - | public charter schools with regard to student enrollment and budgetary 25 | |
950 | - | compliance. 26 | |
951 | - | 27 | |
952 | - | SECTION 24. Arkansas Code § 6 -23-406 is repealed. 28 | |
953 | - | 6-23-406. Division of Elementary and Secondary Education review. 29 | |
954 | - | The Division of Elementary and Secondary Education shall: 30 | |
955 | - | (1) Conduct an end-of-semester review of each open -enrollment 31 | |
956 | - | public charter school that is in its initial school year of operation at the 32 | |
957 | - | end of the first semester and at the end of the school year; and 33 | |
958 | - | (2) Report to the State Board of Education and the Commissioner 34 | |
959 | - | of Elementary and Secondary Education on the open -enrollment public charter 35 | |
960 | - | school's: 36 As Engrossed: H3/31/25 H4/7/25 HB1672 | |
961 | - | ||
962 | - | 25 04-07-2025 10:31:54 TNL093 | |
963 | - | ||
964 | - | ||
965 | - | (A) Overall financial condition; and 1 | |
966 | - | (B) Overall condition of student enrollment. 2 | |
967 | - | 3 | |
968 | - | SECTION 25. Arkansas Code § 6 -23-701(b) and (c), concerning the 4 | |
969 | - | charter authorizing panel, are amended to read as follows: 5 | |
970 | - | (b)(1) The division shall exercise authority over public charter 6 | |
971 | - | schools under this chapter through a public by recommending to a charter 7 | |
972 | - | authorizing panel established within the division that the charter 8 | |
973 | - | authorizing panel take actions authorized under subsection (a) of this 9 | |
974 | - | section. 10 | |
975 | - | (2)(A) The Commissioner of Elementary and Secondary Education 11 | |
976 | - | shall appoint a public charter authorizing panel the members of the charter 12 | |
977 | - | authorizing panel that may consist of individuals from outside the division 13 | |
978 | - | as well as professional staff employed at the division to serve at the 14 | |
979 | - | pleasure of the commissioner. 15 | |
980 | - | (B) The commissioner may elect to serve as a member on the 16 | |
981 | - | public charter authorizing panel as the chair Members of the charter 17 | |
982 | - | authorizing panel may be: 18 | |
983 | - | (i) Individuals from outside the division; 19 | |
984 | - | (ii) Professional staff employed by the division; or 20 | |
985 | - | (iii) The commissioner . 21 | |
986 | - | (3) The public charter authorizing panel charter authorizing 22 | |
987 | - | panel shall be composed of an odd number of members and shall consist of no 23 | |
988 | - | less than five (5) members and no more than eleven (11) members : 24 | |
989 | - | (A) Seven (7) members; and 25 | |
990 | - | (D) A simple majority of members from outside the 26 | |
991 | - | Department of Education . 27 | |
992 | - | (c) The Upon approval of the division, the charter authorizing panel: 28 | |
993 | - | (1) Shall review applications to establish, renew, modify, 29 | |
994 | - | revoke, transfer, or assign a new or existing public charter and make a 30 | |
995 | - | recommendation to the State Board of Education for a final decision ; and may 31 | |
996 | - | (2) May recommend to the State Board of Education that it waive 32 | |
997 | - | provisions of this title or State Board of Education and state board rules as 33 | |
998 | - | allowed by law for public charters. 34 | |
999 | - | 35 | |
1000 | - | SECTION 26. Arkansas Code § 6 -23-701(e), concerning the primary 36 As Engrossed: H3/31/25 H4/7/25 HB1672 | |
1001 | - | ||
1002 | - | 26 04-07-2025 10:31:54 TNL093 | |
1003 | - | ||
1004 | - | ||
1005 | - | authorizer of public charters, is amended to read as follows: 1 | |
1006 | - | (e) The division shall be the primary authorizer of public charters 2 | |
1007 | - | except as provided under § 6 -23-703 state board may promulgate rules as 3 | |
1008 | - | necessary to administer this subchapter . 4 | |
1009 | - | 5 | |
1010 | - | SECTION 27. Arkansas Code § 6 -23-703 is amended to read as follows: 6 | |
1011 | - | 6-23-703. State Board of Education optional review. 7 | |
1012 | - | (a) The Division of Elementary and Secondary Education shall notify in 8 | |
1013 | - | writing the State Board of Education of all recommendations made by the 9 | |
1014 | - | charter authorizing panel before the next regularly scheduled state board 10 | |
1015 | - | meeting after a recommendation is made by the charter authorizing panel. 11 | |
1016 | - | (b)(1) At its next meeting following notification by the division 12 | |
1017 | - | under subsection (a) of this section, the state board shall vote to accept or 13 | |
1018 | - | reject each recommendation made by the charter authorizing panel. 14 | |
1019 | - | (2) If the state board votes to reject a recommendation made by 15 | |
1020 | - | the charter authorizing panel, the state board shall: 16 | |
1021 | - | (A) Provide the specific reasons for its rejection and any 17 | |
1022 | - | additional information used as the basis for its rejection; and 18 | |
1023 | - | (B)(i) Conduct a hearing at the earlier date of the next 19 | |
1024 | - | regularly scheduled state board meeting or a special state board meeting. 20 | |
1025 | - | (ii) At the conclusion of a hearing under 21 | |
1026 | - | subdivision (b)(2)(B)(i) of this section, the state board shall issue a final 22 | |
1027 | - | decision regarding a public charter school or an application to become a 23 | |
1028 | - | public charter school under this subchapter. 24 | |
1029 | - | (c) A public charter school or an applicant to become a public charter 25 | |
1030 | - | school may appeal a recommendation of the charter authorizing panel to the 26 | |
1031 | - | state board by filing a written notice of appeal with the Secretary of the 27 | |
1032 | - | Department of Education within fifteen (15) calendar days of the charter 28 | |
1033 | - | authorizing panel's recommendation. 29 | |
1034 | - | (2) Conduct a full hearing regarding a final decision by the 30 | |
1035 | - | division under § 6-23-701(a); and 31 | |
1036 | - | (3) Hold the hearing at the earlier of: 32 | |
1037 | - | (A) The next regularly scheduled state board meeting 33 | |
1038 | - | following the state board meeting during which the state board voted to 34 | |
1039 | - | authorize a review; or 35 | |
1040 | - | (B) A special board meeting called by the state board. 36 As Engrossed: H3/31/25 H4/7/25 HB1672 | |
1041 | - | ||
1042 | - | 27 04-07-2025 10:31:54 TNL093 | |
1043 | - | ||
1044 | - | ||
1045 | - | (c)(1) At the conclusion of the hearing, the state board may issue a 1 | |
1046 | - | final decision by state board vote. 2 | |
1047 | - | (2) The state board may decide by majority vote of the quorum 3 | |
1048 | - | to: 4 | |
1049 | - | (A) Affirm the decision of the division; 5 | |
1050 | - | (B) Take other lawful action on the public charter; or 6 | |
1051 | - | (C)(i) Request additional information from the division, 7 | |
1052 | - | public charter school, public charter school applicant, or affected school 8 | |
1053 | - | district, if needed. 9 | |
1054 | - | (ii) If the state board requests additional 10 | |
1055 | - | information under subdivision (c)(2)(C)(i) of this section, the state board 11 | |
1056 | - | shall hold a subsequent hearing at the earlier of: 12 | |
1057 | - | (a) The next regularly scheduled state board 13 | |
1058 | - | meeting; or 14 | |
1059 | - | (b) A special board meeting called by the 15 | |
1060 | - | state board. 16 | |
1061 | - | (3) A decision made by the state board is final with no right of 17 | |
1062 | - | appeal. 18 | |
1063 | - | (d) The state board may promulgate rules as necessary to implement 19 | |
1064 | - | this section. 20 | |
1065 | - | (a) A public charter school or an applicant to become a public charter 21 | |
1066 | - | school may appeal any adverse ruling from the authorizer to the State Board 22 | |
1067 | - | of Education. 23 | |
1068 | - | (b)(1) If a public charter school or an applicant to become a public 24 | |
1069 | - | charter school chooses to appeal an adverse ruling from the authorizer under 25 | |
1070 | - | subsection (a) of this section, the public charter school or the applicant to 26 | |
1071 | - | become a public charter school shall file a written notice of appeal with the 27 | |
1072 | - | state board within fifteen (15) calendar days of the authorizer's adverse 28 | |
1073 | - | ruling. 29 | |
1074 | - | (2) A written notice of appeal filed with the state board under 30 | |
1075 | - | subdivision (b)(1) of this section shall state the specific reasons 31 | |
1076 | - | supporting a review by the state board. 32 | |
1077 | - | (c)(1) Upon receipt of a notice of appeal under subdivision (b)(1) of 33 | |
1078 | - | this section, the state board shall, upon a motion approved by a majority 34 | |
1079 | - | vote, determine whether to hear or decline to hear an appeal. 35 | |
1080 | - | (2) If the state board decides to hear an appeal, the hearing 36 As Engrossed: H3/31/25 H4/7/25 HB1672 | |
1081 | - | ||
1082 | - | 28 04-07-2025 10:31:54 TNL093 | |
1083 | - | ||
1084 | - | ||
1085 | - | shall be conducted at the earlier of: 1 | |
1086 | - | (A) The next regularly scheduled state board meeting; or 2 | |
1087 | - | (B) A special meeting called by the state board for the 3 | |
1088 | - | purpose of hearing the appeal. 4 | |
1089 | - | (d) A decision by the state board under this section is final with no 5 | |
1090 | - | further right to appeal. 6 | |
1091 | - | (e) The state board may promulgate rules as necessary to implement 7 | |
1092 | - | this section. 8 | |
1093 | - | 9 | |
1094 | - | /s/McCollum 10 | |
1095 | - | 11 | |
1096 | - | 12 | |
1097 | - | APPROVED: 4/17/25 13 | |
1098 | - | 14 | |
990 | + | 27 03/03/2025 4:06:30 PM TNL093 | |
991 | + | subdivision (b)(1) of this section shall state the specific reasons 1 | |
992 | + | supporting a review by the state board. 2 | |
993 | + | (c)(1) Upon receipt of a notice of appeal under subdivision (b)(1) of 3 | |
994 | + | this section, the state board shall, upon a motion approved by a majority 4 | |
995 | + | vote, determine whether to hear or decline to hear an appeal. 5 | |
996 | + | (2) If the state board decides to hear an appeal, the hearing 6 | |
997 | + | shall be conducted at the earlier of: 7 | |
998 | + | (A) The next regularly scheduled state board meeting; or 8 | |
999 | + | (B) A special meeting called by the state board for the 9 | |
1000 | + | purpose of hearing the appeal. 10 | |
1001 | + | (d) A decision by the state board under this section is final with no 11 | |
1002 | + | further right to appeal. 12 | |
1003 | + | (e) The state board may promulgate rules as necessary to implement 13 | |
1004 | + | this section. 14 | |
1099 | 1005 | 15 | |
1100 | 1006 | 16 | |
1101 | 1007 | 17 | |
1102 | 1008 | 18 | |
1103 | 1009 | 19 | |
1104 | 1010 | 20 | |
1105 | 1011 | 21 | |
1106 | 1012 | 22 | |
1107 | 1013 | 23 | |
1108 | 1014 | 24 | |
1109 | 1015 | 25 | |
1110 | 1016 | 26 | |
1111 | 1017 | 27 | |
1112 | 1018 | 28 | |
1113 | 1019 | 29 | |
1114 | 1020 | 30 | |
1115 | 1021 | 31 | |
1116 | 1022 | 32 | |
1117 | 1023 | 33 | |
1118 | 1024 | 34 | |
1119 | 1025 | 35 | |
1120 | 1026 | 36 |