Stricken language would be deleted from and underlined language would be added to present law. Act 807 of the Regular Session *TNL326* 03/21/2025 2:04:13 PM TNL326 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 2 03/21/2025 2:04:13 PM TNL326 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 3 03/21/2025 2:04:13 PM TNL326 (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 4 03/21/2025 2:04:13 PM TNL326 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 5 03/21/2025 2:04:13 PM TNL326 (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 6 03/21/2025 2:04:13 PM TNL326 (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 7 03/21/2025 2:04:13 PM TNL326 (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 8 03/21/2025 2:04:13 PM TNL326 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 9 03/21/2025 2:04:13 PM TNL326 (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