Arkansas 2025 Regular Session

Arkansas House Bill HB1672 Compare Versions

OldNewDifferences
11 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
64 95th General Assembly A Bill 2
75 Regular Session, 2025 HOUSE BILL 1672 3
86 4
97 By: Representative McCollum 5
108 By: Senator J. Boyd 6
119 7
1210 For An Act To Be Entitled 8
1311 AN ACT TO REPEAL THE LAWS CONCERNING THE DISTRICT OF 9
1412 INNOVATION PROGRAM; TO AMEND PROVISIONS OF THE 10
1513 ARKANSAS CODE TO CREATE A MORE EFFICIENT SYSTEM FOR 11
1614 PUBLIC SCHOOLS OF INNOVATION IN ARKANSAS; TO AMEND 12
1715 THE ARKANSAS QUALITY CHARTER SCHOOLS ACT OF 2013; AND 13
1816 FOR OTHER PURPOSES. 14
1917 15
2018 16
2119 Subtitle 17
2220 TO AMEND PROVISIONS OF THE ARKANSAS CODE 18
2321 TO CREATE A MORE EFFICIENT SYSTEM FOR 19
2422 PUBLIC SCHOOLS OF INNOVATION IN 20
2523 ARKANSAS. 21
2624 22
2725 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
2826 24
2927 SECTION 1. Arkansas Code § 6 -15-1004(c)(5), concerning licensure 25
3028 exemptions that allow a teacher to teach a grade level or subject for which 26
3129 he or she is not fully or provisionally licensed under the Arkansas Public 27
3230 Education Act of 1997, is amended to read as follows: 28
3331 (5) A licensure exception under: 29
3432 (A) A District of Innovation Program, § 6 -15-2801 et seq.; 30
3533 (B)(A) The Arkansas Quality Charter Schools Act of 2013, § 31
3634 6-23-101 et seq.; or 32
3735 (C)(B) Section 6-15-103; 33
3836 34
3937 SECTION 2. Arkansas Code Title 6, Chapter 15, Subchapter 28, is 35
40-repealed. 36 As Engrossed: H3/31/25 H4/7/25 HB1672
38+repealed. 36 HB1672
4139
42- 2 04-07-2025 10:31:54 TNL093
43-
44-
40+ 2 03/03/2025 4:06:30 PM TNL093
4541 6-15-2801. Definitions. 1
4642 As used in this subchapter: 2
4743 (1) “District of innovation” means a public school district with 3
4844 one (1) or more schools of innovation that has: 4
4945 (A) Submitted a school of innovation application in 5
5046 compliance with § 6-15-2803; 6
5147 (B) Obtained necessary exceptions from laws, rules, and 7
5248 local policies to improve the educational performance of students from the 8
5349 Commissioner of Elementary and Secondary Education; and 9
5450 (C) Been approved as a district of innovation by the 10
5551 commissioner; 11
5652 (2) “Eligible employees” means the employees who are employed at 12
5753 a school that is considering being designated as a school of innovation; 13
5854 (3) “Innovation” means a new or creative alternative to the 14
5955 existing instructional and administrative practices that is intended to 15
6056 improve academic performance and learning for all students; 16
6157 (4)(A)(i) “School council of innovation” means a body of 17
6258 individuals from a current or aspiring school of innovation composed of 18
6359 teachers, classified employees, the building -level principal or his or her 19
6460 administrative designee, parents, community members, a minimum of two (2) 20
6561 students from the school of innovation, and other interested parties selected 21
6662 by the school council of innovation to participate. 22
6763 (ii) The teacher representatives shall be elected by 23
6864 a majority vote of the school's licensed eligible employees. 24
6965 (iii) The classified representatives shall be elected 25
7066 by a majority vote of the school's classified eligible employees. 26
7167 (iv)(a) The parent representatives shall be 27
7268 selected by a majority vote of the attendees at a meeting called for the 28
7369 purpose of selecting the school's parent representatives and shall have a 29
7470 child in the school to be eligible to serve on the school council of 30
7571 innovation. 31
7672 (b) Schools with a ten percent (10%) or 32
7773 greater minority student population shall have minority representation on the 33
7874 school council of innovation. 34
7975 (B) The school council of innovation shall: 35
80- (i) Generate innovative ideas and proposals of its 36 As Engrossed: H3/31/25 H4/7/25 HB1672
76+ (i) Generate innovative ideas and proposals of its 36 HB1672
8177
82- 3 04-07-2025 10:31:54 TNL093
83-
84-
78+ 3 03/03/2025 4:06:30 PM TNL093
8579 own; 1
8680 (ii) Determine a method for requesting innovative 2
8781 ideas and proposals from school employees, community members, and other 3
8882 stakeholders to be submitted to the school council of innovation; 4
8983 (iii) Receive innovative ideas and proposals from 5
9084 school employees, community members, and other stakeholders; 6
9185 (iv) Consider all innovative ideas and proposals 7
9286 submitted by community members and other stakeholders; and 8
9387 (v) Determine the content and format of the plan 9
9488 that will be voted on by the eligible employees. 10
9589 (C) The school council of innovation may create 11
9690 subcommittees, which may include noncouncil members, to work on developing 12
9791 portions of the plan; and 13
9892 (5)(A) “School of innovation” means a school that participates 14
9993 in a district of innovation to transform and improve teaching and learning. 15
10094 (B) A school of innovation's plan is subject to the 16
10195 exceptions approved by the commissioner for the school of innovation. 17
10296 18
10397 6-15-2802. School of innovation designation — Rules. 19
10498 (a)(1) The Commissioner of Elementary and Secondary Education may 20
10599 approve a public school's application to become a school of innovation for 21
106100 the purpose of transforming and improving the teaching and learning under § 22
107101 6-15-2803. 23
108102 (2) The Division of Elementary and Secondary Education may 24
109103 designate a public school as a school of innovation under subdivision (a)(1) 25
110104 of this section if the public school has met the objectives outlined in the 26
111105 public school's application to become a school of innovation within the time 27
112106 period established in the public school's application. 28
113107 (b)(1) A school of innovation shall be approved for a period of four 29
114108 (4) years and may be renewed for four -year periods thereafter. 30
115109 (2) The commissioner may revoke a public school's school of 31
116110 innovation designation if the public school fails to substantially fulfill 32
117111 the school of innovation plan as established in the public school's school of 33
118112 innovation application, meet goals and performance targets, or comply with 34
119113 applicable laws or rules. 35
120- (c) The State Board of Education shall adopt rules to administer this 36 As Engrossed: H3/31/25 H4/7/25 HB1672
114+ (c) The State Board of Education shall adopt rules to administer this 36 HB1672
121115
122- 4 04-07-2025 10:31:54 TNL093
123-
124-
116+ 4 03/03/2025 4:06:30 PM TNL093
125117 subchapter, including without limitation rules that address the: 1
126118 (1) Rules subject to exemption or modification for a school of 2
127119 innovation application if approved by the commissioner; 3
128120 (2) Application, school of innovation plan review, approval, and 4
129121 amendment process for a public school district to establish a school of 5
130122 innovation; 6
131123 (3) Timeline for initial approval of a school of innovation and 7
132124 subsequent renewal, including any ongoing evaluations of a school of 8
133125 innovation; 9
134126 (4) Documentation required to show meaningful parental, 10
135127 educator, and community engagement and capacity for the changes identified in 11
136128 the school of innovation plan; 12
137129 (5) Approval by the eligible employees of a school of 13
138130 innovation; 14
139131 (6) Evidence of teacher collaboration and shared leadership 15
140132 responsibility within each school seeking to become a school of innovation; 16
141133 (7) Documentation of the understanding and implementation of 17
142134 research-based practices of professional learning communities; 18
143135 (8) Process for revocation of a designation as a district of 19
144136 innovation or school of innovation; 20
145137 (9) Reporting and oversight responsibility of the school of 21
146138 innovation and the division; 22
147139 (10) Budget and financial details of the school of innovation; 23
148140 and 24
149141 (11) Other information necessary as determined by the state 25
150142 board. 26
151143 27
152144 6-15-2803. School of innovation application. 28
153145 (a) A school district shall submit its school of innovation 29
154146 application, approved by the school district board of directors, to the 30
155147 Commissioner of Elementary and Secondary Education for approval to become a 31
156148 school of innovation. 32
157149 (b) A school of innovation application shall address without 33
158150 limitation: 34
159151 (1) The goals and performance targets for the school of 35
160-innovation, which may include without limitation: 36 As Engrossed: H3/31/25 H4/7/25 HB1672
152+innovation, which may include without limitation: 36 HB1672
161153
162- 5 04-07-2025 10:31:54 TNL093
163-
164-
154+ 5 03/03/2025 4:06:30 PM TNL093
165155 (A) Reducing the achievement gap among one (1) or more 1
166156 groups of students by accelerating learning experiences for academically low -2
167157 achieving students while increasing all student learning through the 3
168158 implementation of highly rigorous standards for student performance; 4
169159 (B) Increasing student participation in curriculum 5
170160 options; 6
171161 (C) Exploring new avenues for expanding students' college 7
172162 and career readiness; 8
173163 (D) Motivating students by exploring innovative teaching 9
174164 and learning choices; and 10
175165 (E) Transforming a school's culture and climate in a 11
176166 manner that will lead to transformative teaching and learning; 12
177167 (2) Changes needed in the school that will lead to students who 13
178168 are better prepared for success in life and career; and 14
179169 (3) Innovative practices to be used in the school of innovation. 15
180170 (c) Schools of innovation shall document: 16
181171 (1) Parental, school employee, and community engagement; 17
182172 (2) The capacity for the proposed school of innovation; 18
183173 (3) The rationale for law, rule, and local policy exception 19
184174 requests; 20
185175 (4) Progress toward goals and performance targets; and 21
186176 (5) Other information requested by the commissioner. 22
187177 23
188178 6-15-2804. School of innovation. 24
189179 (a) A school that is designated a school of innovation shall: 25
190180 (1) Ensure that the same health, safety, civil rights, and 26
191181 disability rights requirements are in place as those that apply to all other 27
192182 public schools; 28
193183 (2) Ensure that the high school curriculum offered meets or 29
194184 exceeds the minimum high school graduation requirements adopted by the State 30
195185 Board of Education; 31
196186 (3) Adhere to financial audits, audit procedures, and audit 32
197187 requirements adopted by the state board for public school districts; 33
198188 (4) Require criminal background checks for school employees and 34
199189 volunteers as required by law for public school districts; 35
200- (5) Comply with open records and open meeting requirements; 36 As Engrossed: H3/31/25 H4/7/25 HB1672
190+ (5) Comply with open records and open meeting requirements; 36 HB1672
201191
202- 6 04-07-2025 10:31:54 TNL093
203-
204-
192+ 6 03/03/2025 4:06:30 PM TNL093
205193 (6) Comply with purchasing limitations and requirements; 1
206194 (7)(A) Provide instructional time that meets or exceeds the 2
207195 instructional time requirement adopted by the state board unless granted an 3
208196 exception by the Commissioner of Elementary and Secondary Education. 4
209197 (B) Instructional time may include on -site instruction, 5
210198 distance or virtual learning, and work -based learning on nontraditional 6
211199 school days or hours; 7
212200 (8) Provide data requested by the Division of Elementary and 8
213201 Secondary Education to generate reports; 9
214202 (9) [Repealed.] 10
215203 (10) Comply with state law and rules regarding the education of 11
216204 gifted and talented students; and 12
217205 (11) Demonstrate research -based implementation of professional 13
218206 learning communities throughout the school that address the needs of the 14
219207 students and professionals. 15
220208 (b)(1) Before a public school district submits a school of innovation 16
221209 plan to the commissioner, the eligible employees of each proposed school of 17
222210 innovation shall vote on whether the school shall be designated a school of 18
223211 innovation. 19
224212 (2) A minimum of sixty percent (60%) of the eligible employees 20
225213 voting in support of the school's designation as a school of innovation is 21
226214 required before the school's innovation plan may be submitted to the school 22
227215 district board of directors for approval. 23
228216 (3) The school council of innovation shall be responsible for 24
229217 conducting the vote required under subdivision (b)(1) of this section. 25
230218 (c) A school of innovation plan may request exemptions from local 26
231219 policies and specific laws and rules approved for exemption or modification 27
232220 by the state board except The Teacher Fair Dismissal Act of 1983, § 6 -17-1501 28
233221 et seq. [repealed]. 29
234222 (d) A public school district with a negotiated employment contract in 30
235223 place shall follow the procedure set forth within the contract that allows 31
236224 the implementation of a school of innovation. 32
237225 33
238226 SECTION 3. Arkansas Code § 6 -17-2803(16)(B), concerning the definition 34
239227 of a teacher under the Teacher Excellence and Support System, is amended to 35
240-read as follows: 36 As Engrossed: H3/31/25 H4/7/25 HB1672
228+read as follows: 36 HB1672
241229
242- 7 04-07-2025 10:31:54 TNL093
243-
244-
230+ 7 03/03/2025 4:06:30 PM TNL093
245231 (B) “Teacher” also includes a licensed or nonlicensed 1
246232 classroom teacher employed in a position under subdivision (16)(A)(ii) of 2
247233 this section at a: 3
248234 (i) Public charter school under a waiver of teacher 4
249235 licensure requirements granted by the state board in the charter; or 5
250236 (ii) School district under a waiver of teacher 6
251237 licensure requirements granted by the state board under § 6 -15-103 or under 7
252238 the district of innovation program under § 6 -15-2801 et seq. 8
253239 9
254240 SECTION 4. Arkansas Code § 6 -17-2808(a)(2)(A), concerning the 10
255241 implementation and applicability of the Teacher Excellence and Support 11
256242 System, is amended to read as follows: 12
257243 (2)(A) This subchapter is not waived when a public school, 13
258244 charter school, or school district obtains a waiver granted by the state 14
259245 board from the laws and rules governing educator licensure: 15
260246 (i) In the charter of a public charter school; or 16
261247 (ii) Under § 6-15-103; or 17
262248 (iii) Under the district of innovation program under 18
263249 § 6-15-2801 et seq. 19
264250 20
265251 SECTION 5. Arkansas Code § 6 -23-103 is amended to read as follows: 21
266252 6-23-103. Definitions. 22
267253 As used in this chapter: 23
268254 (1) “Adult education charter school” means a charter school for 24
269255 individuals at least nineteen (19) years of age that offers a high school 25
270256 diploma program and an industry certification program simultaneously to 26
271257 students; 27
272258 (2) "Applicant" means an eligible entity that seeks to apply for 28
273259 an open-enrollment public charter school or a conversion public charter 29
274260 school by submitting an approved application with supporting documentation to 30
275261 the authorizer and is eligible to conduct business in the state; 31
276262 (3) “Application” means the proposal for obtaining conversion 32
277263 public charter school status or open -enrollment public charter school status 33
278264 charter school proposal and supporting documentation submitted to the 34
279265 authorizer that seeks to establish an open -enrollment public charter school 35
280-or a conversion public charter school ; 36 As Engrossed: H3/31/25 H4/7/25 HB1672
266+or a conversion public charter school ; 36 HB1672
281267
282- 8 04-07-2025 10:31:54 TNL093
283-
284-
268+ 8 03/03/2025 4:06:30 PM TNL093
285269 (3)(4) “Authorizer” means an entity that authorizes a charter, 1
286270 which may be either the: 2
287271 (A) Division of Elementary and Secondary Education acting 3
288-through the charter authorizing panel established under § 6-23-701, with 4
289-final approval of all decisions by the State Board of Education ; or 5
290- (B) State Board of Education acting under § 6 -23-703; 6
291- (4)(5) “Charter” means a performance -based contract for an 7
292-initial five-year period between the authorizer and an approved applicant for 8
293-public charter school status that exempts the public charter school from 9
294-state and local rules, regulations, policies, and procedures specified in the 10
295-contract and from the provisions of this title specified in the contract 11
296-that: 12
297- (A) Serves as a governing agreement that exempts a public 13
298-charter school from specified state and local rules, regulations, policies, 14
299-and procedures as outlined in the charter; 15
300- (B) Defines the performance expectations and 16
301-accountability standards for the approved public charter school; 17
302- (C) Is governed by Arkansas law; and 18
303- (D) Establishes the terms and conditions between the 19
304-authorizer and: 20
305- (i) An open-enrollment public charter school board; 21
306-or 22
307- (ii) The local school district board of directors of 23
308-a conversion public charter school ; 24
309- (6) "Charter authorizing panel" means the seven (7) member panel 25
310-appointed by the Commissioner of Elementary and Secondary Education that is 26
311-established and administered by the division to take actions authorized under 27
312-§ 6-23-701; 28
313- (7) "Charter school board" means the governing body of an open -29
314-enrollment public charter school that: 30
315- (A) Is a non-profit entity; and 31
316- (B) Satisfies the relevant requirements of a tax -exempt 32
317-organization under § 501(c)(3) of the Internal Revenue Code of 1986; 33
318- (5)(8)(A) “Conversion public charter school” means a public 34
319-school that: 35
320- (i) That has converted to operating under the terms 36 As Engrossed: H3/31/25 H4/7/25 HB1672
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
321305
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
323343
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
324381
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
361419
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
363457
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
364495
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
401533
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
403571
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
404609
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
441647
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
443685
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
444723
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
461931 17
462- SECTION 7. Arkansas Code § 6 -23-105(a)(2), concerning modification of 18
463-a public charter school's charter, is amended to read as follows: 19
464- (2) The authorizer may allow approve the voluntary assignment of 20
465-a public charter school to another charter school board upon petition by the 21
466-public charter school boards to the authorizer. 22
467- 23
468- SECTION 8. Arkansas Code § 6 -23-105(a)(3), concerning the transfer or 24
469-assignment of a public charter school charter to an eligible entity, is 25
470-amended to read as follows: 26
471- (3)(A) If the authorizer transfers or assigns the charter of a 27
472-public charter school to an eligible entity a different charter school board , 28
473-the authorizer shall not hold the applicant charter school board in receipt 29
474-of of the charter responsible for any activity that occurred before the 30
475-transfer or assignment, which includes without limitation any disciplinary 31
476-action taken by the authorizer. 32
477- (B) After the authorizer transfers or assigns a charter to 33
478-an eligible entity a different charter school board , the authorizer shall: 34
479- (i) Issue a new local education agency number as 35
480-required under § 25-6-107; and 36 As Engrossed: H3/31/25 H4/7/25 HB1672
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
481951
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
483989
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
10991005 15
11001006 16
11011007 17
11021008 18
11031009 19
11041010 20
11051011 21
11061012 22
11071013 23
11081014 24
11091015 25
11101016 26
11111017 27
11121018 28
11131019 29
11141020 30
11151021 31
11161022 32
11171023 33
11181024 34
11191025 35
11201026 36