Arkansas 2025 2025 Regular Session

Arkansas House Bill HB1938 Chaptered / Bill

Filed 04/21/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
Act 807 of the Regular Session 
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State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	HOUSE BILL 1938 3 
 4 
By: Representative Joey Carr 5 
By: Senator J. English 6 
 7 
For An Act To Be Entitled 8 
AN ACT TO AMEND PROVISIONS OF THE ARKANSAS CODE 9 
CONCERNING THE CREATION OF DISTRICT STRATEGIC PLANS 10 
AND THE RESPONSIBILITY OF THE DIVISION OF ELEMENTARY 11 
AND SECONDARY EDUCATION; AND FOR OTHER PURPOSES. 12 
 13 
 14 
Subtitle 15 
TO AMEND PROVISIONS OF THE ARKANSAS CODE 16 
CONCERNING THE CREATION OF DISTRICT 17 
STRATEGIC PLANS AND THE RESPONSIBILITY 18 
OF THE DIVISION OF ELEMENTARY AND 19 
SECONDARY EDUCATION. 20 
 21 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22 
 23 
 SECTION 1.  Arkansas Code § 6 -15-1702(a), concerning the requirement 24 
that each public school and public school district establish a parental 25 
involvement plan, is amended to read as follows: 26 
 (a)  Each public school district and each public school within its 27 
boundaries, in collaboration with parents, shall establish a parental 28 
involvement plan within its school-level improvement plan required under § 6 -29 
15-2914, including programs and practices that enhance parent and family 30 
engagement and reflect the specific needs of students and their families. 31 
 32 
 SECTION 2.  Arkansas Code § 6 -15-2904 is amended to read as follows: 33 
 6-15-2904.  Responsibility of Division of Elementary and Secondary 34 
Education. 35 
 The Division of Elementary and Secondary Education shall develop and 36    	HB1938 
 
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implement a comprehensive accountability system for Arkansas public schools 1 
and school districts that: 2 
 (1)  Establishes clear academic standards that are periodically 3 
reviewed and revised; 4 
 (2)  Maintains a statewide student assessment system that 5 
includes a variety of assessment measures; 6 
 (3)  Assesses whether all students have equitable access to 7 
excellent educators; 8 
 (4)  Establishes levels of support for public school districts; 9 
and 10 
 (5)  Maintains information systems composed of performance 11 
indicators that allow the division to identify levels of public school 12 
district support and generate reports for the public. 13 
 14 
 SECTION 3.  Arkansas Code § 6 -15-2914 is amended to read as follows: 15 
 6-15-2914.  School-level improvement plans — School district support 16 
plans.  17 
 (a)  The General Assembly finds that it is the responsibility of: 18 
 (1)  The state and educational service cooperatives to support 19 
its their public school districts; and 20 
 (2)  A public school district to support its schools. 21 
 (b)(1)(A)  Beginning on May 1, 2018, and by By May 1 annually 22 
thereafter of each school year, a public school shall submit to its public 23 
school district a school -level improvement plan for approval by the public 24 
school district and public school district board of directors for 25 
implementation in the following school year. 26 
 (B)(i)  A public school district and an open-enrollment 27 
public charter school shall include a literacy plan in the annual school	-28 
level improvement plan required under subdivision (b)(1)(A) of this section. 29 
 (ii)  The literacy plan required under subdivision 30 
(b)(1)(B)(i) of this section shall include without limitation a curriculum 31 
program and a professional development program that are: 32 
 (a)  Aligned with the literacy needs of the 33 
public school district; and 34 
 (b)  Based on the science of reading as defined 35 
by § 6-17-429(k)(1) § 6-17-429. 36    	HB1938 
 
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 (C)  A public school and an open -enrollment public charter 1 
school shall include a parental involvement plan, as required under § 6	-15-2 
1702, in its annual school -level improvement plan required under subdivision 3 
(b)(1)(A) of this section. 4 
 (2)  School-level improvement plans shall be posted on the public 5 
school district's school's or open-enrollment public charter school's website 6 
by August 1 of each year. 7 
 (c)  School-level improvement plans shall be: 8 
 (1)  Monitored by the public school district or open-enrollment 9 
public charter school for implementation fidelity and progress throughout the 10 
year; and 11 
 (2)  Evaluated annually by the public school district or open-12 
enrollment public charter school for goal progress and accomplishment. 13 
 (d)(1)  Annually by September 1, a public school district receiving 14 
Level 2 — Collaborative, Level 3 — Coordinated, Level 4 — Directed, or Level 15 
5 — Intensive support shall submit to the Division of Elementary and 16 
Secondary Education a public school district support plan in accordance with 17 
rules of the State Board of Education. 18 
 (2)  A public school district's support plan shall be posted on 19 
the public school district's website no later than ten (10) days after 20 
submission to the division. 21 
 (3)(A)  A public school district in which forty percent (40%) or 22 
more of the public school district's students scored “in need of support” on 23 
the state's prior year summative assessment for reading shall develop a 24 
literacy plan as part of the public school district support plan required 25 
under this section. 26 
 (B)  The public school district literacy plan shall 27 
include: 28 
 (i)  Goals for improving reading achievement 29 
throughout the public school district; and 30 
 (ii)  Information regarding the prioritization of 31 
funding, including without limitation Enhanced Student Achievement Funding 32 
received under § 6-20-2305, for strategies to improve reading achievement 33 
throughout the public school district. 34 
 (e)  Public school district support plans shall include without 35 
limitation the support the public school district will provide to public 36    	HB1938 
 
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schools identified as in need of targeted or comprehensive support, or both, 1 
pursuant to the Elementary and Secondary Education Act of 1965, Pub. L. No. 2 
89-10, as reauthorized by the Every Student Succeeds Act of 2015, Pub. L. No. 3 
114-95. 4 
 5 
 SECTION 4.  Arkansas Code Title 6, Chapter 15, Subchapter 29, is 6 
amended to add an additional section to read as follows: 7 
 6-15-2919.  District strategic plans — Unified application system. 8 
 (a)  Annually by June 30, each public school district and open -9 
enrollment public charter school shall submit a district strategic plan to 10 
the Division of Elementary and Secondary Education for review for the 11 
upcoming school year. 12 
 (b)  A district strategic plan required by subsection (a) of this 13 
section shall include without limitation: 14 
 (1)  A literacy and mathematics plan that addresses student 15 
supports and acceleration opportunities based on student data and outcomes; 16 
 (2)  Information regarding the prioritization and intended use of 17 
funding, including without limitation Enhanced Student Achievement Funding 18 
received under § 6-20-2305; and 19 
 (3)  The support the public school district and open -enrollment 20 
public charter school will provide to public schools within the public school 21 
district or the open -enrollment public charter school identified as in need 22 
of targeted or comprehensive support, or both, pursuant to the Elementary and 23 
Secondary Education Act of 1965, Pub. L. No. 89 -10, as reauthorized by the 24 
Every Student Succeeds Act of 2015, Pub. L. No. 114 -95, as it existed on 25 
January 1, 2025. 26 
 (c)(1)  An educational service cooperative shall annually review and 27 
monitor the implementation of a district strategic plan for each public 28 
school district and open -enrollment public charter school that is a member of 29 
the educational service cooperative. 30 
 (2)  The division shall collaborate with each educational service 31 
cooperative to annually review each district strategic plan and approve the 32 
proposed use of funding. 33 
 (d)  Each public school district and open -enrollment public charter 34 
school shall post its approved district strategic plan on its website by 35 
October 1 of each year. 36    	HB1938 
 
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 (e)(1)  To promote efficiency, eliminate duplication, and assist public 1 
school districts and open -enrollment public charter schools in implementing 2 
district strategic plans, the division shall create a unified application 3 
system that includes required state plans and federal funding applications. 4 
 (2)  The unified application system required under subdivision 5 
(e)(1) of this section shall include without limitation the following program 6 
components and applications: 7 
 (A)  Federal title funds; 8 
 (B)  The parent and family engagement plan required under § 9 
6-15-1702; 10 
 (C)  The health and wellness plan required under § 20 -7-11 
135; 12 
 (D)  Enhanced Student Achievement Funding requirements 13 
under § 6-20-2305; 14 
 (E)  Alternative learning environment funding requirements 15 
under § 6-48-102; and 16 
 (F)  Gifted and talented programs under § 6 -42-109. 17 
 18 
 SECTION 5.  Arkansas Code § 6 -20-2305(b)(4)(C) and (D) are amended to 19 
read as follows: 20 
 (C)(i)(a)  A school district shall expend funds allocated 21 
under this subdivision (b)(4) in accordance with the rules developed by the 22 
Division of Elementary and Secondary Education to provide the following 23 
supports and resources: 24 
 (1)  If the school district meets the 25 
teacher compensation requirements according to the minimum salary schedule 26 
under § 6-17-2403 for teachers serving in positions required by the Standards 27 
for Accreditation of Arkansas Public Schools and School Districts without 28 
using funds provided under this subdivision (b)(4): 29 
 (A)  The hiring of additional 30 
teachers for core academic subject areas, as identified in the Division of 31 
Elementary and Secondary Education Rules Governing the Arkansas Qualified 32 
Teacher Requirements, that are not required by the Standards for 33 
Accreditation of Arkansas Public Schools and School Districts; 34 
 (B)  The enhancement of teacher 35 
salaries for recruitment and retention purposes; 36    	HB1938 
 
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 (C)  Obtaining additional 1 
compensation for teachers who assume identified leadership roles; or 2 
 (D)  Additional compensation for 3 
teachers who assume additional responsibilities that support student academic 4 
achievement; 5 
 (2)  Academic supports and interventions, 6 
including without limitation curriculum specialists, facilitators, tutors, 7 
dyslexia interventions, and Response to Intervention; 8 
 (3)  Social, emotional, and behavioral 9 
supports; 10 
 (4)  Physical and mental health 11 
resources, including without limitation personnel; 12 
 (5)  Early intervention resources, 13 
including without limitation prekindergarten programs, school tutoring 14 
programs that take place before or after school, and early literacy 15 
interventions; and 16 
 (6)  Access to postsecondary 17 
opportunities, including without limitation access to career coaches, 18 
concurrent credit courses, college -entrance support, and career -readiness 19 
support. 20 
 (b)(1)  By July 1, 2022, each public school 21 
district shall submit a three -year enhanced student achievement plan to the 22 
Division of Elementary and Secondary Education describing the school 23 
district's intended and implemented strategies to enhance student achievement 24 
and how enhanced student achievement funds will be used to support the 25 
strategies of the school district as permitted by this subdivision (b)(4) and 26 
rules promulgated by the State Board of Education. 27 
 (2)  A school district shall review 28 
annually the school district's enhanced student achievement plan and shall 29 
review the progress of the school district's enhanced student achievement 30 
plan. 31 
 (3)  The enhanced student achievement 32 
plan of a school district shall be updated as necessary by the school 33 
district, and amendments to the enhanced student achievement plan shall be 34 
submitted annually to the Division of Elementary and Secondary Education with 35 
the annual budget of the school district. 36    	HB1938 
 
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 (4)  The Division of Elementary and 1 
Secondary Education shall monitor the implementation and progress of the 2 
enhanced student achievement plan of a school district. 3 
 (5)  A school district that does not 4 
demonstrate progress toward the goals of the enhanced student achievement 5 
plan of the school district for three (3) consecutive years may be subject to 6 
one (1) or more of the following: 7 
 (A)  Additional monitoring by the 8 
Division of Secondary and Elementary Education; 9 
 (B)  An increased level of support 10 
as provided in § 6-15-2913; or 11 
 (C)  A corrective action plan that 12 
shall be developed in collaboration with the Division of Elementary and 13 
Secondary Education. 14 
 (c)  The list of approved programs established 15 
before July 24, 2019, by the State Board of Education under subdivision 16 
(b)(4)(C)(i)(a) of this section shall expire on June 30, 2022. 17 
 (d)(b) The State Board of Education shall 18 
promulgate rules for the implementation of this subdivision (b)(4)(C)(i) that 19 
shall include without limitation: 20 
 (1)  The process for submitting an 21 
enhanced student achievement plan; 22 
 (2)  The process for monitoring the 23 
expenditure of funds allocated under this subdivision (b)(4); and 24 
 (3)  The specific requirements, 25 
qualifications, and criteria for allowable supports and resources. 26 
 (ii)(a)  A school district shall budget one hundred 27 
percent (100%) of funds allocated under this subdivision (b)(4) each year to 28 
provide the supports and resources described in subdivision (b)(4)(C)(i)(a) 29 
of this section. 30 
 (b)  If a school district intends to transfer 31 
funds allocated under this subdivision (b)(4) to other programs, the school 32 
district shall provide justification for the transfer of funds to the 33 
Division of Elementary and Secondary Education. 34 
 (iii)  Notwithstanding any other provision of law, if 35 
the Division of Elementary and Secondary Education determines that a school 36    	HB1938 
 
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district's expenditure of funds allocated under this subdivision (b)(4) would 1 
result in the school district's losing funding under any federal law, then 2 
the funds allocated to a school district under this subdivision (b)(4) may be 3 
expended for other academic programs or salaries. 4 
 (iv)  The Division of Elementary and Secondary 5 
Education may direct that a school district expend available funds on 6 
specified programs under subdivision (b)(4)(C)(i) of this section. 7 
 (v)  The Division of Elementary and Secondary 8 
Education shall develop appropriate forms for use by school districts to 9 
comply with this subdivision (b)(4)(C) and the rules of the State Board of 10 
Education. 11 
 (D)(i)  The Division of Elementary and Secondary Education 12 
shall provide a report on the progress of school districts in meeting plan 13 
goals to the House Committee on Education and the Senate Committee on 14 
Education by October 1 of each odd -numbered year, beginning in 2023. 15 
 (ii)  The report shall include information broken 16 
down by category as described in subdivision (b)(4)(A) of this section on: 17 
 (a)  How school districts are spending funds 18 
provided under this subdivision (b)(4), including specific programs utilized 19 
by school districts; 20 
 (b)  The amount of funds transferred to another 21 
categorical fund, including an explanation of why the funds were transferred; 22 
and 23 
 (c)  The analysis of student achievement data 24 
evaluated in student achievement growth models as described in § 6 -15-2908 25 
shall be expanded to include the evaluation of the best estimates of 26 
classroom, school, and school district effects on enhancing student 27 
achievement, in addition to the examination of student progress based on 28 
established value-added longitudinal calculations. 29 
 (iii)  The report shall be included in the General 30 
Assembly's biennial adequacy study to evaluate the adequacy of education in 31 
the state. 32 
 33 
 SECTION 6.  Arkansas Code § 20 -7-135(e), concerning nutrition and 34 
physical activity standards in public schools, is amended to read as follows: 35 
 (e)  Every school district shall : 36    	HB1938 
 
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 (1)  Convene a school nutrition and physical activity advisory 1 
committee that shall include members from school district governing boards, 2 
school administrators, food service personnel, teacher organizations, 3 
parents, students, and professional groups such as nurses and community 4 
members to include health and wellness goals as part of the school district's 5 
district strategic plan required under § 6 -15-2919, that address: 6 
 (A)(1) Help raise Raising awareness of the importance of 7 
nutrition and physical activity; and 8 
 (B)(2) Assist Assisting in the development of local policies 9 
that address issues and goals, including but not limited to without 10 
limitation the following: 11 
 (i)(A) Assisting with the implementation of nutrition and 12 
physical activity standards developed by the school nutrition and physical 13 
activity advisory committee with the approval of the division and the State 14 
Board of Health; 15 
 (ii)(B) Integrating nutrition and physical activity into 16 
the overall curriculum; 17 
 (iii)(C) Ensuring that professional development for staff 18 
includes nutrition and physical activity issues; 19 
 (iv)(D) Ensuring that students receive nutrition education 20 
and engage in healthful levels of vigorous physical activity; and 21 
 (v)(E) Improving the quality of physical education 22 
curricula and increasing training of physical education teachers ; 23 
 (vi)  Enforcing existing physical education 24 
requirements; and 25 
 (vii)  Pursuing contracts that both encourage healthy 26 
eating by students and reduce school dependence on profits from the sale of 27 
foods of minimal nutritional value; 28 
 (2)  Begin the implementation of standards developed by the Child 29 
Health Advisory Committee with the approval of the division and the State 30 
Board of Health; and 31 
 (3)  Require that goals and objectives for nutrition and physical 32 
activity be incorporated into the annual school planning and reporting 33 
process. 34 
APPROVED: 4/17/25 35 
 36