| 3 | 2 | | *TNL326* 03/21/2025 2:04:13 PM TNL326 |
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| 4 | 3 | | State of Arkansas 1 |
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| 5 | 4 | | 95th General Assembly A Bill 2 |
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| 6 | 5 | | Regular Session, 2025 HOUSE BILL 1938 3 |
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| 7 | 6 | | 4 |
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| 8 | 7 | | By: Representative Joey Carr 5 |
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| 9 | 8 | | By: Senator J. English 6 |
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| 10 | 9 | | 7 |
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| 11 | 10 | | For An Act To Be Entitled 8 |
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| 12 | 11 | | AN ACT TO AMEND PROVISIONS OF THE ARKANSAS CODE 9 |
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| 13 | 12 | | CONCERNING THE CREATION OF DISTRICT STRATEGIC PLANS 10 |
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| 14 | 13 | | AND THE RESPONSIBILITY OF THE DIVISION OF ELEMENTARY 11 |
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| 15 | 14 | | AND SECONDARY EDUCATION; AND FOR OTHER PURPOSES. 12 |
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| 16 | 15 | | 13 |
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| 17 | 16 | | 14 |
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| 18 | 17 | | Subtitle 15 |
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| 19 | 18 | | TO AMEND PROVISIONS OF THE ARKANSAS CODE 16 |
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| 20 | 19 | | CONCERNING THE CREATION OF DISTRICT 17 |
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| 21 | 20 | | STRATEGIC PLANS AND THE RESPONSIBILITY 18 |
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| 22 | 21 | | OF THE DIVISION OF ELEMENTARY AND 19 |
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| 23 | 22 | | SECONDARY EDUCATION. 20 |
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| 24 | 23 | | 21 |
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| 25 | 24 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22 |
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| 26 | 25 | | 23 |
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| 27 | 26 | | SECTION 1. Arkansas Code § 6 -15-1702(a), concerning the requirement 24 |
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| 28 | 27 | | that each public school and public school district establish a parental 25 |
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| 29 | 28 | | involvement plan, is amended to read as follows: 26 |
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| 30 | 29 | | (a) Each public school district and each public school within its 27 |
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| 31 | 30 | | boundaries, in collaboration with parents, shall establish a parental 28 |
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| 32 | 31 | | involvement plan within its school-level improvement plan required under § 6 -29 |
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| 33 | 32 | | 15-2914, including programs and practices that enhance parent and family 30 |
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| 34 | 33 | | engagement and reflect the specific needs of students and their families. 31 |
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| 35 | 34 | | 32 |
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| 36 | 35 | | SECTION 2. Arkansas Code § 6 -15-2904 is amended to read as follows: 33 |
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| 37 | 36 | | 6-15-2904. Responsibility of Division of Elementary and Secondary 34 |
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| 38 | 37 | | Education. 35 |
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| 39 | 38 | | The Division of Elementary and Secondary Education shall develop and 36 HB1938 |
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| 40 | 39 | | |
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| 42 | 41 | | implement a comprehensive accountability system for Arkansas public schools 1 |
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| 43 | 42 | | and school districts that: 2 |
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| 44 | 43 | | (1) Establishes clear academic standards that are periodically 3 |
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| 45 | 44 | | reviewed and revised; 4 |
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| 46 | 45 | | (2) Maintains a statewide student assessment system that 5 |
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| 47 | 46 | | includes a variety of assessment measures; 6 |
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| 48 | 47 | | (3) Assesses whether all students have equitable access to 7 |
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| 49 | 48 | | excellent educators; 8 |
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| 50 | 49 | | (4) Establishes levels of support for public school districts; 9 |
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| 51 | 50 | | and 10 |
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| 52 | 51 | | (5) Maintains information systems composed of performance 11 |
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| 53 | 52 | | indicators that allow the division to identify levels of public school 12 |
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| 54 | 53 | | district support and generate reports for the public. 13 |
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| 55 | 54 | | 14 |
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| 56 | 55 | | SECTION 3. Arkansas Code § 6 -15-2914 is amended to read as follows: 15 |
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| 57 | 56 | | 6-15-2914. School-level improvement plans — School district support 16 |
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| 58 | 57 | | plans. 17 |
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| 59 | 58 | | (a) The General Assembly finds that it is the responsibility of: 18 |
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| 60 | 59 | | (1) The state and educational service cooperatives to support 19 |
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| 61 | 60 | | its their public school districts; and 20 |
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| 62 | 61 | | (2) A public school district to support its schools. 21 |
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| 63 | 62 | | (b)(1)(A) Beginning on May 1, 2018, and by By May 1 annually 22 |
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| 64 | 63 | | thereafter of each school year, a public school shall submit to its public 23 |
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| 65 | 64 | | school district a school -level improvement plan for approval by the public 24 |
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| 66 | 65 | | school district and public school district board of directors for 25 |
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| 67 | 66 | | implementation in the following school year. 26 |
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| 68 | 67 | | (B)(i) A public school district and an open-enrollment 27 |
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| 69 | 68 | | public charter school shall include a literacy plan in the annual school -28 |
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| 70 | 69 | | level improvement plan required under subdivision (b)(1)(A) of this section. 29 |
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| 71 | 70 | | (ii) The literacy plan required under subdivision 30 |
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| 72 | 71 | | (b)(1)(B)(i) of this section shall include without limitation a curriculum 31 |
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| 73 | 72 | | program and a professional development program that are: 32 |
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| 74 | 73 | | (a) Aligned with the literacy needs of the 33 |
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| 75 | 74 | | public school district; and 34 |
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| 76 | 75 | | (b) Based on the science of reading as defined 35 |
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| 77 | 76 | | by § 6-17-429(k)(1) § 6-17-429. 36 HB1938 |
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| 78 | 77 | | |
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| 80 | 79 | | (C) A public school and an open -enrollment public charter 1 |
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| 81 | 80 | | school shall include a parental involvement plan, as required under § 6 -15-2 |
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| 82 | 81 | | 1702, in its annual school -level improvement plan required under subdivision 3 |
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| 83 | 82 | | (b)(1)(A) of this section. 4 |
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| 84 | 83 | | (2) School-level improvement plans shall be posted on the public 5 |
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| 85 | 84 | | school district's school's or open-enrollment public charter school's website 6 |
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| 86 | 85 | | by August 1 of each year. 7 |
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| 87 | 86 | | (c) School-level improvement plans shall be: 8 |
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| 88 | 87 | | (1) Monitored by the public school district or open-enrollment 9 |
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| 89 | 88 | | public charter school for implementation fidelity and progress throughout the 10 |
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| 90 | 89 | | year; and 11 |
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| 91 | 90 | | (2) Evaluated annually by the public school district or open-12 |
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| 92 | 91 | | enrollment public charter school for goal progress and accomplishment. 13 |
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| 93 | 92 | | (d)(1) Annually by September 1, a public school district receiving 14 |
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| 94 | 93 | | Level 2 — Collaborative, Level 3 — Coordinated, Level 4 — Directed, or Level 15 |
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| 95 | 94 | | 5 — Intensive support shall submit to the Division of Elementary and 16 |
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| 96 | 95 | | Secondary Education a public school district support plan in accordance with 17 |
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| 97 | 96 | | rules of the State Board of Education. 18 |
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| 98 | 97 | | (2) A public school district's support plan shall be posted on 19 |
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| 99 | 98 | | the public school district's website no later than ten (10) days after 20 |
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| 100 | 99 | | submission to the division. 21 |
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| 101 | 100 | | (3)(A) A public school district in which forty percent (40%) or 22 |
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| 102 | 101 | | more of the public school district's students scored “in need of support” on 23 |
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| 103 | 102 | | the state's prior year summative assessment for reading shall develop a 24 |
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| 104 | 103 | | literacy plan as part of the public school district support plan required 25 |
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| 105 | 104 | | under this section. 26 |
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| 106 | 105 | | (B) The public school district literacy plan shall 27 |
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| 107 | 106 | | include: 28 |
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| 108 | 107 | | (i) Goals for improving reading achievement 29 |
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| 109 | 108 | | throughout the public school district; and 30 |
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| 110 | 109 | | (ii) Information regarding the prioritization of 31 |
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| 111 | 110 | | funding, including without limitation Enhanced Student Achievement Funding 32 |
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| 112 | 111 | | received under § 6-20-2305, for strategies to improve reading achievement 33 |
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| 113 | 112 | | throughout the public school district. 34 |
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| 114 | 113 | | (e) Public school district support plans shall include without 35 |
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| 115 | 114 | | limitation the support the public school district will provide to public 36 HB1938 |
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| 116 | 115 | | |
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| 118 | 117 | | schools identified as in need of targeted or comprehensive support, or both, 1 |
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| 119 | 118 | | pursuant to the Elementary and Secondary Education Act of 1965, Pub. L. No. 2 |
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| 120 | 119 | | 89-10, as reauthorized by the Every Student Succeeds Act of 2015, Pub. L. No. 3 |
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| 121 | 120 | | 114-95. 4 |
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| 122 | 121 | | 5 |
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| 123 | 122 | | SECTION 4. Arkansas Code Title 6, Chapter 15, Subchapter 29, is 6 |
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| 124 | 123 | | amended to add an additional section to read as follows: 7 |
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| 125 | 124 | | 6-15-2919. District strategic plans — Unified application system. 8 |
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| 126 | 125 | | (a) Annually by June 30, each public school district and open -9 |
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| 127 | 126 | | enrollment public charter school shall submit a district strategic plan to 10 |
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| 128 | 127 | | the Division of Elementary and Secondary Education for review for the 11 |
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| 129 | 128 | | upcoming school year. 12 |
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| 130 | 129 | | (b) A district strategic plan required by subsection (a) of this 13 |
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| 131 | 130 | | section shall include without limitation: 14 |
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| 132 | 131 | | (1) A literacy and mathematics plan that addresses student 15 |
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| 133 | 132 | | supports and acceleration opportunities based on student data and outcomes; 16 |
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| 134 | 133 | | (2) Information regarding the prioritization and intended use of 17 |
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| 135 | 134 | | funding, including without limitation Enhanced Student Achievement Funding 18 |
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| 136 | 135 | | received under § 6-20-2305; and 19 |
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| 137 | 136 | | (3) The support the public school district and open -enrollment 20 |
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| 138 | 137 | | public charter school will provide to public schools within the public school 21 |
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| 139 | 138 | | district or the open -enrollment public charter school identified as in need 22 |
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| 140 | 139 | | of targeted or comprehensive support, or both, pursuant to the Elementary and 23 |
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| 141 | 140 | | Secondary Education Act of 1965, Pub. L. No. 89 -10, as reauthorized by the 24 |
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| 142 | 141 | | Every Student Succeeds Act of 2015, Pub. L. No. 114 -95, as it existed on 25 |
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| 143 | 142 | | January 1, 2025. 26 |
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| 144 | 143 | | (c)(1) An educational service cooperative shall annually review and 27 |
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| 145 | 144 | | monitor the implementation of a district strategic plan for each public 28 |
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| 146 | 145 | | school district and open -enrollment public charter school that is a member of 29 |
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| 147 | 146 | | the educational service cooperative. 30 |
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| 148 | 147 | | (2) The division shall collaborate with each educational service 31 |
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| 149 | 148 | | cooperative to annually review each district strategic plan and approve the 32 |
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| 150 | 149 | | proposed use of funding. 33 |
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| 151 | 150 | | (d) Each public school district and open -enrollment public charter 34 |
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| 152 | 151 | | school shall post its approved district strategic plan on its website by 35 |
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| 153 | 152 | | October 1 of each year. 36 HB1938 |
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| 154 | 153 | | |
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| 156 | 155 | | (e)(1) To promote efficiency, eliminate duplication, and assist public 1 |
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| 157 | 156 | | school districts and open -enrollment public charter schools in implementing 2 |
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| 158 | 157 | | district strategic plans, the division shall create a unified application 3 |
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| 159 | 158 | | system that includes required state plans and federal funding applications. 4 |
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| 160 | 159 | | (2) The unified application system required under subdivision 5 |
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| 161 | 160 | | (e)(1) of this section shall include without limitation the following program 6 |
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| 162 | 161 | | components and applications: 7 |
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| 163 | 162 | | (A) Federal title funds; 8 |
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| 164 | 163 | | (B) The parent and family engagement plan required under § 9 |
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| 165 | 164 | | 6-15-1702; 10 |
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| 166 | 165 | | (C) The health and wellness plan required under § 20 -7-11 |
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| 167 | 166 | | 135; 12 |
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| 168 | 167 | | (D) Enhanced Student Achievement Funding requirements 13 |
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| 169 | 168 | | under § 6-20-2305; 14 |
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| 170 | 169 | | (E) Alternative learning environment funding requirements 15 |
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| 171 | 170 | | under § 6-48-102; and 16 |
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| 172 | 171 | | (F) Gifted and talented programs under § 6 -42-109. 17 |
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| 173 | 172 | | 18 |
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| 174 | 173 | | SECTION 5. Arkansas Code § 6 -20-2305(b)(4)(C) and (D) are amended to 19 |
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| 175 | 174 | | read as follows: 20 |
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| 176 | 175 | | (C)(i)(a) A school district shall expend funds allocated 21 |
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| 177 | 176 | | under this subdivision (b)(4) in accordance with the rules developed by the 22 |
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| 178 | 177 | | Division of Elementary and Secondary Education to provide the following 23 |
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| 179 | 178 | | supports and resources: 24 |
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| 180 | 179 | | (1) If the school district meets the 25 |
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| 181 | 180 | | teacher compensation requirements according to the minimum salary schedule 26 |
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| 182 | 181 | | under § 6-17-2403 for teachers serving in positions required by the Standards 27 |
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| 183 | 182 | | for Accreditation of Arkansas Public Schools and School Districts without 28 |
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| 184 | 183 | | using funds provided under this subdivision (b)(4): 29 |
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| 185 | 184 | | (A) The hiring of additional 30 |
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| 186 | 185 | | teachers for core academic subject areas, as identified in the Division of 31 |
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| 187 | 186 | | Elementary and Secondary Education Rules Governing the Arkansas Qualified 32 |
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| 188 | 187 | | Teacher Requirements, that are not required by the Standards for 33 |
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| 189 | 188 | | Accreditation of Arkansas Public Schools and School Districts; 34 |
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| 190 | 189 | | (B) The enhancement of teacher 35 |
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| 191 | 190 | | salaries for recruitment and retention purposes; 36 HB1938 |
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| 194 | 193 | | (C) Obtaining additional 1 |
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| 195 | 194 | | compensation for teachers who assume identified leadership roles; or 2 |
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| 196 | 195 | | (D) Additional compensation for 3 |
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| 197 | 196 | | teachers who assume additional responsibilities that support student academic 4 |
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| 198 | 197 | | achievement; 5 |
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| 199 | 198 | | (2) Academic supports and interventions, 6 |
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| 200 | 199 | | including without limitation curriculum specialists, facilitators, tutors, 7 |
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| 201 | 200 | | dyslexia interventions, and Response to Intervention; 8 |
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| 202 | 201 | | (3) Social, emotional, and behavioral 9 |
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| 203 | 202 | | supports; 10 |
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| 204 | 203 | | (4) Physical and mental health 11 |
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| 205 | 204 | | resources, including without limitation personnel; 12 |
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| 206 | 205 | | (5) Early intervention resources, 13 |
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| 207 | 206 | | including without limitation prekindergarten programs, school tutoring 14 |
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| 208 | 207 | | programs that take place before or after school, and early literacy 15 |
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| 209 | 208 | | interventions; and 16 |
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| 210 | 209 | | (6) Access to postsecondary 17 |
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| 211 | 210 | | opportunities, including without limitation access to career coaches, 18 |
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| 212 | 211 | | concurrent credit courses, college -entrance support, and career -readiness 19 |
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| 213 | 212 | | support. 20 |
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| 214 | 213 | | (b)(1) By July 1, 2022, each public school 21 |
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| 215 | 214 | | district shall submit a three -year enhanced student achievement plan to the 22 |
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| 216 | 215 | | Division of Elementary and Secondary Education describing the school 23 |
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| 217 | 216 | | district's intended and implemented strategies to enhance student achievement 24 |
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| 218 | 217 | | and how enhanced student achievement funds will be used to support the 25 |
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| 219 | 218 | | strategies of the school district as permitted by this subdivision (b)(4) and 26 |
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| 220 | 219 | | rules promulgated by the State Board of Education. 27 |
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| 221 | 220 | | (2) A school district shall review 28 |
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| 222 | 221 | | annually the school district's enhanced student achievement plan and shall 29 |
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| 223 | 222 | | review the progress of the school district's enhanced student achievement 30 |
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| 224 | 223 | | plan. 31 |
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| 225 | 224 | | (3) The enhanced student achievement 32 |
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| 226 | 225 | | plan of a school district shall be updated as necessary by the school 33 |
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| 227 | 226 | | district, and amendments to the enhanced student achievement plan shall be 34 |
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| 228 | 227 | | submitted annually to the Division of Elementary and Secondary Education with 35 |
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| 229 | 228 | | the annual budget of the school district. 36 HB1938 |
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| 230 | 229 | | |
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| 232 | 231 | | (4) The Division of Elementary and 1 |
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| 233 | 232 | | Secondary Education shall monitor the implementation and progress of the 2 |
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| 234 | 233 | | enhanced student achievement plan of a school district. 3 |
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| 235 | 234 | | (5) A school district that does not 4 |
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| 236 | 235 | | demonstrate progress toward the goals of the enhanced student achievement 5 |
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| 237 | 236 | | plan of the school district for three (3) consecutive years may be subject to 6 |
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| 238 | 237 | | one (1) or more of the following: 7 |
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| 239 | 238 | | (A) Additional monitoring by the 8 |
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| 240 | 239 | | Division of Secondary and Elementary Education; 9 |
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| 241 | 240 | | (B) An increased level of support 10 |
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| 242 | 241 | | as provided in § 6-15-2913; or 11 |
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| 243 | 242 | | (C) A corrective action plan that 12 |
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| 244 | 243 | | shall be developed in collaboration with the Division of Elementary and 13 |
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| 245 | 244 | | Secondary Education. 14 |
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| 246 | 245 | | (c) The list of approved programs established 15 |
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| 247 | 246 | | before July 24, 2019, by the State Board of Education under subdivision 16 |
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| 248 | 247 | | (b)(4)(C)(i)(a) of this section shall expire on June 30, 2022. 17 |
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| 249 | 248 | | (d)(b) The State Board of Education shall 18 |
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| 250 | 249 | | promulgate rules for the implementation of this subdivision (b)(4)(C)(i) that 19 |
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| 251 | 250 | | shall include without limitation: 20 |
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| 252 | 251 | | (1) The process for submitting an 21 |
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| 253 | 252 | | enhanced student achievement plan; 22 |
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| 254 | 253 | | (2) The process for monitoring the 23 |
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| 255 | 254 | | expenditure of funds allocated under this subdivision (b)(4); and 24 |
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| 256 | 255 | | (3) The specific requirements, 25 |
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| 257 | 256 | | qualifications, and criteria for allowable supports and resources. 26 |
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| 258 | 257 | | (ii)(a) A school district shall budget one hundred 27 |
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| 259 | 258 | | percent (100%) of funds allocated under this subdivision (b)(4) each year to 28 |
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| 260 | 259 | | provide the supports and resources described in subdivision (b)(4)(C)(i)(a) 29 |
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| 261 | 260 | | of this section. 30 |
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| 262 | 261 | | (b) If a school district intends to transfer 31 |
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| 263 | 262 | | funds allocated under this subdivision (b)(4) to other programs, the school 32 |
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| 264 | 263 | | district shall provide justification for the transfer of funds to the 33 |
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| 265 | 264 | | Division of Elementary and Secondary Education. 34 |
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| 266 | 265 | | (iii) Notwithstanding any other provision of law, if 35 |
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| 267 | 266 | | the Division of Elementary and Secondary Education determines that a school 36 HB1938 |
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| 268 | 267 | | |
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| 270 | 269 | | district's expenditure of funds allocated under this subdivision (b)(4) would 1 |
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| 271 | 270 | | result in the school district's losing funding under any federal law, then 2 |
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| 272 | 271 | | the funds allocated to a school district under this subdivision (b)(4) may be 3 |
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| 273 | 272 | | expended for other academic programs or salaries. 4 |
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| 274 | 273 | | (iv) The Division of Elementary and Secondary 5 |
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| 275 | 274 | | Education may direct that a school district expend available funds on 6 |
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| 276 | 275 | | specified programs under subdivision (b)(4)(C)(i) of this section. 7 |
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| 277 | 276 | | (v) The Division of Elementary and Secondary 8 |
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| 278 | 277 | | Education shall develop appropriate forms for use by school districts to 9 |
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| 279 | 278 | | comply with this subdivision (b)(4)(C) and the rules of the State Board of 10 |
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| 280 | 279 | | Education. 11 |
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| 281 | 280 | | (D)(i) The Division of Elementary and Secondary Education 12 |
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| 282 | 281 | | shall provide a report on the progress of school districts in meeting plan 13 |
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| 283 | 282 | | goals to the House Committee on Education and the Senate Committee on 14 |
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| 284 | 283 | | Education by October 1 of each odd -numbered year, beginning in 2023. 15 |
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| 285 | 284 | | (ii) The report shall include information broken 16 |
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| 286 | 285 | | down by category as described in subdivision (b)(4)(A) of this section on: 17 |
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| 287 | 286 | | (a) How school districts are spending funds 18 |
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| 288 | 287 | | provided under this subdivision (b)(4), including specific programs utilized 19 |
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| 289 | 288 | | by school districts; 20 |
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| 290 | 289 | | (b) The amount of funds transferred to another 21 |
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| 291 | 290 | | categorical fund, including an explanation of why the funds were transferred; 22 |
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| 292 | 291 | | and 23 |
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| 293 | 292 | | (c) The analysis of student achievement data 24 |
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| 294 | 293 | | evaluated in student achievement growth models as described in § 6 -15-2908 25 |
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| 295 | 294 | | shall be expanded to include the evaluation of the best estimates of 26 |
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| 296 | 295 | | classroom, school, and school district effects on enhancing student 27 |
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| 297 | 296 | | achievement, in addition to the examination of student progress based on 28 |
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| 298 | 297 | | established value-added longitudinal calculations. 29 |
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| 299 | 298 | | (iii) The report shall be included in the General 30 |
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| 300 | 299 | | Assembly's biennial adequacy study to evaluate the adequacy of education in 31 |
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| 301 | 300 | | the state. 32 |
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| 302 | 301 | | 33 |
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| 303 | 302 | | SECTION 6. Arkansas Code § 20 -7-135(e), concerning nutrition and 34 |
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| 304 | 303 | | physical activity standards in public schools, is amended to read as follows: 35 |
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| 305 | 304 | | (e) Every school district shall : 36 HB1938 |
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| 306 | 305 | | |
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| 308 | 307 | | (1) Convene a school nutrition and physical activity advisory 1 |
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| 309 | 308 | | committee that shall include members from school district governing boards, 2 |
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| 310 | 309 | | school administrators, food service personnel, teacher organizations, 3 |
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| 311 | 310 | | parents, students, and professional groups such as nurses and community 4 |
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| 312 | 311 | | members to include health and wellness goals as part of the school district's 5 |
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| 313 | 312 | | district strategic plan required under § 6 -15-2919, that address: 6 |
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| 314 | 313 | | (A)(1) Help raise Raising awareness of the importance of 7 |
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| 315 | 314 | | nutrition and physical activity; and 8 |
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| 316 | 315 | | (B)(2) Assist Assisting in the development of local policies 9 |
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| 317 | 316 | | that address issues and goals, including but not limited to without 10 |
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| 318 | 317 | | limitation the following: 11 |
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| 319 | 318 | | (i)(A) Assisting with the implementation of nutrition and 12 |
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| 320 | 319 | | physical activity standards developed by the school nutrition and physical 13 |
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| 321 | 320 | | activity advisory committee with the approval of the division and the State 14 |
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| 322 | 321 | | Board of Health; 15 |
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| 323 | 322 | | (ii)(B) Integrating nutrition and physical activity into 16 |
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| 324 | 323 | | the overall curriculum; 17 |
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| 325 | 324 | | (iii)(C) Ensuring that professional development for staff 18 |
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| 326 | 325 | | includes nutrition and physical activity issues; 19 |
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| 327 | 326 | | (iv)(D) Ensuring that students receive nutrition education 20 |
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| 328 | 327 | | and engage in healthful levels of vigorous physical activity; and 21 |
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| 329 | 328 | | (v)(E) Improving the quality of physical education 22 |
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| 330 | 329 | | curricula and increasing training of physical education teachers ; 23 |
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| 331 | 330 | | (vi) Enforcing existing physical education 24 |
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| 332 | 331 | | requirements; and 25 |
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| 333 | 332 | | (vii) Pursuing contracts that both encourage healthy 26 |
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| 334 | 333 | | eating by students and reduce school dependence on profits from the sale of 27 |
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| 335 | 334 | | foods of minimal nutritional value; 28 |
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| 336 | 335 | | (2) Begin the implementation of standards developed by the Child 29 |
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| 337 | 336 | | Health Advisory Committee with the approval of the division and the State 30 |
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| 338 | 337 | | Board of Health; and 31 |
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| 339 | 338 | | (3) Require that goals and objectives for nutrition and physical 32 |
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| 340 | 339 | | activity be incorporated into the annual school planning and reporting 33 |
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| 341 | 340 | | process. 34 |
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