Arkansas Administrative Code

6 CAR § 195-106. Procedures for filing a claim. (a)(1) Any person entitled to protection under 6 CAR § 195-104(a) shall submit a notice of claim to the Program Administrator. (2) The notice of claim shall be sent by certified mail, return receipt requested, to: School Worker Defe…

6 CAR § 195-107. Procedures for filing an appeal with the School Worker Defense Program Advisory Board. (a) The individual or entity filing the claim may appeal the initial determination of the Program Administrator by filing a written notice of appeal with the School Worker Defe…

6 CAR § 195-108. Conditions. (a) Nothing in this part should be interpreted to waive any governmental or statutory immunity available under Arkansas law. (b)(1) Any covered person or entity shall cooperate fully in the defense provided by the School Worker Defense Program. (2) Ho…

6 CAR § 195-109. Exclusions. (a)(1) The protection afforded under the School Worker Defense Program does not apply to any claims for damages which are successfully defended on the affirmative defense of governmental or statutory immunity under Arkansas law. (2) The program may pa…

6 CAR § 196-101. Purpose. The purpose of this part is to allow Arkansas Alternative Pay Programs to be created for both licensed and classified employees in Arkansas’s public schools.

6 CAR § 196-102. Definitions. For the purposes of this part, the following terms shall mean: (1) “Alternative pay” means a salary amount that is part of the licensed or classified employee’s total compensation for: (A) Additional responsibilities; (B) Mastery of new knowledge and…

6 CAR § 196-103. Selection process and requirements for the Arkansas Alternative Pay Program. (a) Public school districts desiring to participate in the Arkansas Alternative Pay Program must submit an application to the State Board of Education. (b) The program may be for license…

6 CAR § 196-104. Arkansas Alternative Pay Programs timeline and schedules. (a)(1) Quarterly written updates are to be provided to the Department of Education on the implementation of an alternative pay plan yearly. (2) Those reports are due on the following dates: (A) October 1; …

6 CAR § 196-105. Funding for the Arkansas Alternative Pay Programs. (a) Funding will be from existing school and/or district revenue. (b) No additional state funds have been appropriated at this time.

6 CAR § 230-101. Definitions. As used in this part: (1) "Division" means the Division of Elementary and Secondary Education of the Department of Education; (2) "State board" means the State Board of Education; and (3) “Waiver” means a waiver granted by the State Board of Educatio…

6 CAR § 230-102. Requests for waiver. (a)(1) A school district may petition the State Board of Education for all or some of the waivers granted to an open-enrollment public charter school. (2) Prior to requesting a waiver, the school district board of directors must adopt a resol…

6 CAR § 230-103. Hearing. (a) All waiver requests shall be presented to the State Board of Education. (b) All persons, with exception of the attorneys representing the parties, who plan to provide testimony during the hearing must be sworn by the Chair of the State Board of Educa…

6 CAR § 230-104. Review and revocation of waivers. (a) The State Board of Education may exercise its right to review waivers granted under Arkansas Code § 6-15-103 and this part at any time. (b)(1) If the state board chooses to conduct a review, it must give the school district s…

6 CAR § 230-105. Expiration of waivers. (a) If a Standard for Accreditation of Arkansas Public Schools and School Districts, Arkansas law, or Division of Elementary and Secondary Education rule is repealed, any waiver or waivers of that standard, law, or rule expires on the date …

6 CAR § 231-101. Purpose. The purpose of this part is to establish the: (1) Requirements and procedures concerning the consolidation and annexation of school districts; (2) Administrative consolidation and annexation of school districts; (3) Distribution of consolidation/annexati…

6 CAR § 231-102. Definitions. As used in this part: (1) “Administrative annexation” means the joining of an affected school district or a part of the school district in which the affected district as a whole has fewer than three hundred fifty (350) students with one (1) or more r…

6 CAR § 231-103. Consolidation and annexation authority of the State Board of Education. There shall not be any consolidation or annexation of any public school district with any other school district in the state without the prior consent and approval of the State Board of Educa…

6 CAR § 231-201. Conditions under which the State Board of Education may annex school districts. (a) The State Board of Education shall consider the annexation of an affected school district or districts to a receiving district or districts under any of the following conditions: …

6 CAR § 231-202. Conditions under which the State Board of Education may consolidate school districts. (a) The State Board of Education shall consider the consolidation of affected districts into a new resulting district or districts under the following conditions: (1) The state …

6 CAR § 231-203. Resulting district successor in interest — When part of district taken. (a) Any receiving or resulting district created under Arkansas Code § 6-13-1407 and this section: (1) Shall become the successor in interest to the property of the school district dissolved; …

6 CAR § 231-204. Annexation or consolidation not to negatively impact state-assisted desegregation. (a) The State Board of Education shall not order any annexation, consolidation, or boundary change pursuant to Arkansas Code § 6-13-1401 et seq., or any other act or any combinatio…

6 CAR § 231-205. Other State Board of Education duties. (a) The State Board of Education shall have the following duties regarding consolidations and annexations: (1) To form local school districts, change boundary lines of school districts, dissolve school districts and annex th…

6 CAR § 231-206. Appeal and election. Notwithstanding any other provision of law or rule of the State Board of Education, the decision of the state board regarding an administrative consolidation, consolidation, administrative annexation, or annexation shall be final with no furt…

6 CAR § 231-207. Use of fund balances. (a) Unless otherwise approved by a unanimous vote of the board of directors of the resulting district, the fund balances of any school district that is consolidated, annexed, or otherwise reorganized shall be used by the resulting district s…

6 CAR § 231-208. Involuntary annexation or consolidation — Effective date — Interim board of directors. (a) Arkansas Code § 6-13-1415 and this section apply to the involuntary consolidation or involuntary annexation of a school district made by a motion of the State Board of Educ…

6 CAR § 231-209. Voluntary consolidation or annexation — Effective date — Interim board of directors. (a) Arkansas Code § 6-13-1416 and this section apply to any petition for consolidation or annexation of a school district submitted to the State Board of Education by a school di…

6 CAR § 231-210. Formation of a permanent board of directors. (a) A permanent board of directors shall have either five (5) or seven (7) members unless the school district is allowed to have nine (9) members under Arkansas Code § 6-13-634. (b) The length of the terms of the board…

6 CAR § 231-301. Department records regarding small districts. The Division of Elementary and Secondary Education shall maintain records of all school districts with fewer than three hundred fifty (350) students according to the school district average daily membership in the sch…

6 CAR § 231-302. Administrative reorganization. (a) Any school district with fewer than three hundred fifty (350) students may voluntarily agree to administratively consolidate with or be annexed to another school district or districts in accordance with the requirements and limi…

6 CAR § 231-303. Retention of historical records and documents. Following the annexations or consolidations under Arkansas Code § 6-13-1601 et seq. effective prior to December 1, 2004, and prior to any consolidation, annexation, detachment, approval of a conversion charter, or an…

6 CAR § 231-304. Audit required. (a) Arkansas Legislative Audit shall conduct a comprehensive financial review of all the school district’s financial matters for any school that is involved in administrative consolidation or administrative annexation or is otherwise reorganized b…

6 CAR § 231-305. Preservation of historical artifacts. Following the administrative consolidations or administrative annexations under Arkansas Code §§ 6-13-1601 – 6-13-1603, § 6-13-1604 [repealed], and § 6-13-1605 [repealed] effective before December 1, 2004, and before any cons…

6 CAR § 231-306. Financial relief for debts acquired as a result of involuntary consolidations. (a) As used in this section: (1) “Accounts payable” means a debt owed by a school district on June 30 immediately prior to administrative consolidation, excluding: (A) Bonded indebtedn…

6 CAR § 231-307. Annual reports. (a) By October 1 of each year, the resulting district or receiving district of any school district that was administratively consolidated or administratively annexed under Arkansas Code §§ 6-13-1601 – 6-13-1603, § 6-13-1604 [repealed], and § 6-13-…

6 CAR § 231-308. Academic support centers. (a) The purpose of Arkansas Code § 6-13-1612 and this section is to: (1) Prevent students who attend administratively consolidated or administratively annexed schools from returning home to communities with little or no opportunities for…

6 CAR § 231-401. Definitions applicable to consolidation and annexation incentive funding. For the purposes of 6 CAR § 231-401 – 231-403, the following definitions apply: (1) “Annexation” includes both annexation and administrative annexation as defined in 6 CAR § 231-102; (2) “C…

6 CAR § 231-402. Guidelines for the distribution of consolidation and annexation incentive funding. (a) The distribution of consolidation and annexation incentive funding is dependent upon appropriation and funding by the General Assembly. (b) Consolidation/annexation incentive f…

6 CAR § 231-403. General requirements. (a) Consolidation/annexation incentive funding shall be distributed to either the: (1) Resulting district or districts established after consolidation or subsequent detachment; or (2) Receiving district or districts after annexation or subse…

6 CAR § 231-404. State board hearing procedures — Voluntary consolidations and annexations. (a) All persons wishing to testify before the State Board of Education shall first be placed under oath by the Chair of the State Board of Education. (b)(1) The spokesperson or spokesperso…

6 CAR § 231-405. State board hearing procedures — Involuntary consolidations and annexations. (a) All persons wishing to testify before the State Board of Education shall first be placed under oath by the Chair of the State Board of Education. (b)(1) The spokesperson or spokesper…

6 CAR § 231-501. Minimum school district size waiver. (a) A school district with fewer than three hundred fifty (350) students may annually request a waiver from the average daily membership requirement of three hundred fifty (350) students from the State Board of Education. (b)(…

6 CAR § 231-601. General provisions. (a)(1) A school district may request the State Board of Education modify the boundary between two (2) school districts under the boundary change process established in Arkansas Code § 6-13-1414 by filing a petition with the state board. (2) Th…

6 CAR § 231-602. Boundary negotiation requirements. (a) A school district which seeks a boundary change shall be required to meet with all adjoining school districts affected by the proposed boundary change. (b)(1) In the meeting required by subsection (a) of this section, the di…

6 CAR § 231-603. Procedure for consideration of a boundary change petition. (a) A school district shall file its petition with the State Board of Education only upon completion of the requirements provided in 6 CAR § 231-601(b). (b)(1) If a petition is filed at least thirty (30) …

6 CAR § 231-604. Standard of review for a boundary change petition. (a) The resolution of a boundary change petition shall be decided by a majority of the members of the quorum present. (b) When the petitioner’s boundary change proposal is supported by a resolution adopted by a v…

6 CAR § 231-605. Implementation of a boundary change. (a) When the State Board of Education issues an order altering the boundary of two (2) or more school districts under 6 CAR § 231-603(l), the order shall be submitted to the petitioner and each district which was subject to th…

6 CAR § 231-701. Forms required under this part. (a) The Division of Elementary and Secondary Education shall develop forms required under this part for nonadministrative consolidation or annexations including but not limited to the following: (1) Petition for Annexation; (2) Pet…