Acts of the 87th General Assembly

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Acts of the 87th General Assembly
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Acts 29 and 426 of 2009

• These Acts allows students who have completed
  Pre-K to enroll in Kindergarten in 2009-2010
  under certain circumstances.
• Enrolled in quality approved Pre-K program
  during 2008-2009 school year.
• Attended the Pre-K program at least 100 days.
• 5 years age on or before September 15.

3
Acts 29 and 426 of 2009 contd

• Establishes minimum ages for entering Pre-K.
• DHS must notify all providers of prekindergarten
  programs of the requirements of these laws.
• Signed by Governor on 2-4-09 and 3-13-09.
  Emergency clause.

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Act 154 fo 2009

• This Act amends the definition of miscellaneous
  funds used in calculating foundation funding.
• Average collected the previous 5 years multiplied
  by the ratio of the URT to a districts total
  millage rate.

5
Acts 181, 197, and 247 of 2009

• These Acts limit the use of cell phones and other
• wireless devices while driving.
• Prohibits the use of handheld wireless telephones
  to send text messages.
• Prohibits minors (under 18) from using cell
  phones or other wireless devices while driving.
• Establishes fines for the above offenses.

6
Act 187 of 2009

• This Act allows for the establishment of a birth
  through Pre-K teaching credential.
• Not a teaching certificate.
• Will have the requirement of a certain number of
  early childhood education courses.

7
Act 199 of 2009

• This Act requires the House and Senate
  Committees on Education, prior to each fiscal
  legislative session, to meet and review the
  recommendations for education adequacy and
  recommend findings and amendments to the adequacy
  evaluation report.
• Very important that our association be actively
  involved in these discussions.

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Act 222 of 2009

• This Act creates the School Leadership
  Coordinating Council.
• Will serve as a central body to coordinate
  leadership development efforts across the state.
  
• Aid in the development of model evaluation tools
  for use in the evaluation of school
  administrators.

9
Act 286 of 2009

• This Act requires that a statement of
  compliance with ethical guidelines be in school
  audits.
• An annual audit shall include a review of the
  schools compliance with all ethical guidelines
  in regards to school elections, management of
  schools, revolving loan fund, district finances,
  district bonds, employees, salaries, deposits and
  investments, and contracts.

10
Act 314 of 2009

• This Act provides regulations for the uniform
• collection and sharing of military childrens
• education records among states, schools, and
• military families.
• In checking with districts that have a large
  number of military families, this legislation
  does not require much of schools that is not
  already being done.

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Act 334 of 2009

• This Act adds certain school employees to the
  list of persons who can receive notice when court
  orders amend juvenile safety plans.
• School principals, assistant principals,
  assistant superintendents, and ALE directors.
• Current law superintendent and guidance
  counselor.

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Act 337 of 2009

• This Act changes the chairmanship of the
  Professional Licensure Standards Board from the
  Commissioner of Education (or his designee) to a
  voting member elected by the other voting members
  
• to serve for one year.

13
Act 397 of 2009

• This Act amends the public school parental
  involvement plan requirements to include
  instruction for parents on how to incorporate
  learning activities in the home environment.
• Developmentally appropriate.
• Requires training for parents who assist in an
  instructional program for parents.

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Act 424 of 2009

• This Act establishes a common spring break for
  all Arkansas public schools.
• 38th week of the school year the first full
  week in July is week 1.
• Does not require a spring break but, if you have
  one, it must be during the 38th week.
• Sunset clause.

15
Act 436 of 2009

• This Act reduces the sales tax on food and food
  ingredients from 2.875 or 1.875 effective July
  1, 2009.
• Part of the Governors legislative package.

16
Act 451 of 2009

• This Act allows suburban improvement districts
  that are being dissolved to transfer all
  remaining cash and property to a school district
  located within 10 miles of the improvement
  district.
• The transfer requires a valid contract between
  the improvement district and the school district.
  

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Act 496 of 2009

• This Act is called the Anthony Hobbs III Act
  and creates school-based automated external
  defibrillator and CPR programs.
• Each campus will have at least one AED.
• School personnel trained by May 31, 2011.
• Grant process Department of Health.
• CPR training.
• Watch for the Rules from the ADE!!!

18
Act 606 of 2009

• This Act creates the Arkansas Scholarship
  Lottery.
• Scholarships awarded through the Academic
  Challenge Scholarship Program.
• Scholarship recipients may serve as literacy
  tutors in grades PK-6 in public/private schools.
• Professional development requirement for school
  administrators and guidance counselors 3 hours
  the first year and one hour annually thereafter.

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Act 607 of 2009

• This Act appropriates funds to the ADE for
  incentive bonuses for certified speech-language
  pathologists.
• Masters Degree.
• Passed the specialty area of the NTE.
• Holds a Certificate of Clinical Competence in
  Speech-Language Pathology.
• There was a law on the books for this bonus
  (6-17-413) but no appropriation until now.

20
Act 618 of 2009

• This Act is a one-time appropriation to restore
  funds to districts that received more than 98 in
  URT collections and had to repay money during the
  07-08 school year.
• 15 districts will receive amounts ranging from
  2,435 to 788,167.

21
Act 730 of 2009

• An Act to require the administration of college
  readiness assessments.
• All schools will give the PLAN and EXPLORE.
• ADE will provide.

22
Act 733 of 2009

• This Act allows experience as a guidance
  counselor to count as teaching experience in
  meeting the requirements for administrative
  licensure.
• Holds a current teaching license.
• Minimum of 4 years counseling experience.
• Graduate degree and appropriate program of study
  for an initial administrator license.

23
Act 743 of 2009

• An Act to adjust the amount of time a retired
  member of ATRS shall remain retired before
  returning to covered employment.
• Educators with 28 years of service (25 with a
  penalty) can retire prior to July 1, 2009 and
  return to work after a 30 day separation in a
  position covered by teacher retirement and draw
  full retirement and full pay. Eliminates the
  earnings limitation.
• Employment must be completely severed.

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Act 743 of 2009 - continued

• After July 1, 2009, a separation period of 180
  days is required unless the member has 1) 38
  years or more of credited service or 2) is 65
  years of age or older.
• In any situation, the earnings limitation is
  eliminated which means that retirement benefits
  will no longer be reduced if a member legally
  returns to work in an ATRS covered position.
• Requires a uniform employer contribution rate of
  14 for all school employees whether active,
  retired, or T-DROP.

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Other ATRS Acts of 2009

• Act 425 makes lump sum death benefits tax-free.
• Act 465 allows the ATRS to waive amounts owed the
  System when the error is caused by the System.
• Act 467 allows the ATRS to waive employer
  penalties or interest if the delinquency was not
  the result of fraud or misrepresentation.
• Act 470 allows the ATRS to recoup benefits plus
  interest if a retiree does not meet the
  separation of service requirements.

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ATRS Acts of 2009 contd

• Act 1324 eliminates the complexities in the
  current ATRS survivor benefit law related to
  benefits paid to a surviving spouse and children
  upon the death of an active member.
• Act 1325 defines the calculations in the final
  average salary to be limited to 120 of the next
  highest salary used in the calculation OR 5,000,
  whichever is greater.
• Act 1326 includes National Board bonuses as
  salary for retirement purposes.

27
Act 798 of 2009

• An Act to provide notification upon early
  indicators of the fiscal distress or facility
  distress of a public school district.
• By August 31 of each year, the ADE will report to
  the superintendent if the district has
  experienced 2 or more non-material indicators of
  fiscal or facilities distress within one year.
• A shot across the bow before boarding!

28
Act 811 of 2009

• An Act that allows isolated districts to receive
  special needs funding even if it operates only
  one isolated campus.
• Special needs funds will be used only for
  transportation costs.
• Emergency clause, signed by the Governor 4-3-09.

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Act 937 of 2009

• This Act establishes an Academic Facilities
  Review Board to hear appeals by public school
  districts regarding state financial participation
  in partnership projects.
• 5 member board to hear appeals of determinations
  made by the Division of Academic Facilities.

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Act 938 of 2009

• This Act provides that all hearings and records
  of the PLSB relating to an ethics complaint
  against an administrator or teacher are
  confidential and exempt from the FOIA.
• Hearings before the State Board to consider the
  revocation, suspension, or other sanction of an
  educators license, and records presented at
  these hearings, are subject to FOIA.

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Act 949 of 2009

• This Act creates a program to require public
  school districts that contain a chronically
  underperforming school to use NSLA funds to
  evaluate instructional strategies for closing the
  achievement gap.
• Chronically underperforming is defined as not
  meeting AYP for 3 or more consecutive years.
• The ADE will identify these schools and assist
  them in this process.

32
Act 965 1186 of 2009

• These Acts authorizes the ADE to adjust
  irregular distributions of property tax revenue.
• Irregular distributions of excess commission
  could cause a districts collection rate for the
  URT to exceed 98.
• Emergency clause signed by the Governor on
  April 6, 2009.

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Act 966 of 2009

• This Act is the International Student Exchange
  Placement Organization Registration Act.
• Establishes a state registration procedure for
  foreign exchange students and prohibits the
  placement of a foreign exchange student in a
• public or private school without complying with
• the requirements of the Act.

34
Act 969 of 2009

• This Act expands incentive funding in high
  priority districts.
• Amends existing law to allow incentive funding to
  continue in a high priority district after a
  voluntary consolidation even if the ADE exceeds
  1,000.
• Increases the amounts of the incentive bonuses
  for teachers in high priority districts,
  contingent on available funding.

35
Act 1173 of 2009

• This Act requires school districts and
  cooperatives, as a condition of initial
  employment, to require a central registry check
  for all employees including bus drivers.
• ADE will run a check prior to initial licensure.
• A true report on the registry makes an
  applicant ineligible for employment.
• Waiver process.

36
Act 1180 of 2009

• This Act amends current antiquated law regarding
  the duties and responsibilities of school board
  members. It also includes
• The requirement for annual evaluations of
  superintendents.
• Procedures for changing personnel policies
  between May 1 and June 30 of each year.

37
Act 1203 of 2009

• An Act that allows school boards that have been
  placed on fiscal distress to terminate
  superintendents for certain actions with no
  further financial obligation to the supt.
• Terminated for cause.
• Material misrepresentation.
• Superintendent provided notice.
• Hearing.
• Majority vote of the full board.

38
Act 1283 of 2009

• This Act grants subpoena power to the State
  Board of Education and the Professional Licensure
  Standards Board.
• The person subpoenaed may give testimony in
  person, before a certified court reporter at the
  witness residence or place of employment, by
  video-taped deposition, or by live video
  conference.
• Live video conference is the default manner
  unless another manner is agreed upon by the board
  and the person receiving the subpoena.

39
Act 1289 of 2009

• An Act to provide fiscal accountability for
  education service cooperatives.
• Amends existing law to allow cooperatives to
  submit a listing of employees and their salaries
• and benefits in lieu of a salary schedule.
• States that cooperatives may be classified in
  fiscal distress and sets procedures for
  implementation of this process.

40
Act 1294 of 2009

• This Act requires at least one polling site in
  each county that has registered voters in a
  school election for a school district that has
  territory in two counties.
• If the school district territory contains a city
  of the 2nd class or larger (population of 500 or
  more)

41
Act 1307 of 2009

• This Act amends the requirements for public
  school end-of-course assessments.
• Algebra I high stakes EOC beginning in 09-10.
• English II high stakes EOC beginning in 13-14.
• Pass level rather than mastery level.
• A certain score on the ACT, SAT, AP, or IB exams,
  in lieu of a passing score on the high stakes
  EOC, will meet the testing requirement for
  graduation.

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Act 1309 of 2009

• This Act allows licensed personnel to earn 12
  hours of professional development credit on-line
  in lieu of the 12 hours they can use at the
  beginning of the school year to plan and prepare
  curriculum.
• ADE approved on-line PD.
• Related to districts ACSIP or
• professional growth plan.
• On-line PD may be used for
• make-up in case of illness.

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Act 1310 of 2009

• An Act that expands procedures for investigation
  and reporting of students attending schools
  outside their resident districts.
• The receiving district shall have the burden of
  proof in verifying that a student is entitled to
  attend its school.
• Establishes an ADE hearing officer to investigate
  appeals.

44
Act 1368 of 2009

• This Act allows children of persons employed in
  a public school or co-op in a district other than
  the childs district of residence to enroll in a
  school in either the district of the parents
  employment or residence, and to stay enrolled in
  certain circumstances if the parents changes
  jobs.
• Student in grades K-8 can stay until the end of
  the school year if parent changes jobs.
• Student in grades 9-12 can stay until graduation
  if parent changes jobs.

45
Act 1370 of 2009

• An Act to allow Legislative Audit to refer a
  school audit report to the PLSB if there are 2
  consecutive audit reports containing substantial
  issues of non-compliance.
• The PLSB shall investigate any referrals
  according to established investigative
  procedures.

46
Act 1373 of 2009

• An Act requiring districts to post certain
  reports on their websites.
• ACSIP.
• Annual Report Card.
• School Improvement Status.
• Parental Involvement Plan.
• Post by the 20th day after a district is required
  by law or rule to provide this information.

47
Act 1397 of 2009

• An Act to amend the methods used by counties to
  report tax data used for public school funding.
• This is an attempt to provide guidance to county
  treasurers so that tax data from all counties is
  uniform, timely, and correct.

48
Act 1445 of 2009

• This Act allows school boards, after hearing all
  testimony and debate, to go into executive
  session to consider the suspension or expulsion
  of a student.
• Must reconvene in public session for the vote.
• No emergency clause. Goes into effect 8-1-09.

49
Act 1450 of 2009

• This Act requires miscellaneous funds used to
  calculate state foundation funding aid for school
  districts in the 2008-2009 school year be the
  same rate used for that school district in the
  2007-2008 school year.
• The miscellaneous fund amount listed on the first
  state aid printout of this fiscal year will not
  change.

50
Act 1460 of 2009

• This Act allows students with sensory processing
  difficulties to use color overlays when taking
  state-mandated assessments.
• Must be evaluated through appropriate testing,
  including a comprehensive eye examination by an
  optometrist or ophthalmologist.

51
Act 1466 of 2009

• This Act authorizes the Commissioner of
  Education to allow public schools to advertise
  bond sales by alternative methods other than a
  newspaper publication.
• Prompted by the most recent ice storm.

52
Act 1469 of 2009

• An Act to amend various provision of public
  school law.
• School calendar shall include 5 make-up days.
• CPEP programs shall have not less than 20 days
  and 75 hours of instruction.
• Charter school guidelines.

53
Acts 1472, 1473, and 1475 of 2009

• These Acts amends current laws regarding the
  Division of Academic Facilities and
  Transportation.
• The Division may cancel state funds for
  partnership projects approved in 2006 and 2007
  and not started by 2010 and 2011. Exception
  failed millage.
• Leased academic facilities must conform to school
  facility standards. (upon initial lease or lease
  renewal)

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Acts 1472, 1473, and 1475 contd

• Districts must use School Dude. (at no cost
  unless the district wishes to purchase additional
  modules)
• The Division will develop an ongoing process for
  collecting records from state agencies of all
  lawfully required inspections of public school
  academic facilities. The Division will file an
  annual report with the Governor, Senate Ed, House
  Ed, and the Academic Facilities Oversight
  Committee.
• No emergency clause.

55
Act 1474 of 2009

• An Act to amend public school funding.
• Foundation funding for 09-10 -- 5,905.
• Enhanced funding for 09-10 -- 35.
• Foundation funding for 10-11 -- 6,023.
• Enhanced funding for 10-11 0
• New dollars for 09-10 -- 64
• New dollars for 10-11 -- 83

56
Act 1479 of 2009

• An Act to expand the use of savings produced by
  refunding outstanding bonds.
• Savings can now be used for capital repairs and
  renovation (in addition to new construction and
  the purchase of academic equipment).

57
Act 1481 of 2009

• An Act to increase student participation in the
  Arkansas Smart Core Curriculum.
• Beginning with the graduating class of 2010,
  districts can receive incentive funding if at
  least 90 of its graduates successfully complete
  the Smart Core curriculum and the districts
  graduation rate is above the state average.
• Implementation is contingent on available
  funding.

58
Acts 1492 and 1493 of 2009

• Acts amending certified and classified personnel
  policy laws.
• Committee chair or designee shall be placed on
  the board agenda to present comments, positions,
  or proposals on the final form of any proposed
  policies.
• Final form of a proposed policy.

59
Act 1501 of 2009

• This Act revises the calculation of a school
  districts growth funding.
• Districts will receive 60 of the calculated
  amount by January 31. The calculation will be
  the actual ADM for the 1st quarter of the school
  year and an estimated ADM for the remaining 3
  quarters.
• Districts will receive the remaining 40 by April
  30.
• Adjustments, based on the actual yearly ADM will
  be made by July 31.