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1 State of Arkansas As Engrossed: H3/31/25 H4/7/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 HOUSE BILL 1672
4
5 By: Representative McCollum
6 By: Senator J. Boyd
7
8 For An Act To Be Entitled
9 AN ACT TO REPEAL THE LAWS CONCERNING THE DISTRICT OF
10 INNOVATION PROGRAM; TO AMEND PROVISIONS OF THE
11 ARKANSAS CODE TO CREATE A MORE EFFICIENT SYSTEM FOR
12 PUBLIC SCHOOLS OF INNOVATION IN ARKANSAS; TO AMEND
13 THE ARKANSAS QUALITY CHARTER SCHOOLS ACT OF 2013; AND
14 FOR OTHER PURPOSES.
15
16
17 Subtitle
18 TO AMEND PROVISIONS OF THE ARKANSAS CODE
19 TO CREATE A MORE EFFICIENT SYSTEM FOR
20 PUBLIC SCHOOLS OF INNOVATION IN
21 ARKANSAS.
22
23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
24
25 SECTION 1. Arkansas Code � 6-15-1004(c)(5), concerning licensure
26 exemptions that allow a teacher to teach a grade level or subject for which
27 he or she is not fully or provisionally licensed under the Arkansas Public
28 Education Act of 1997, is amended to read as follows:
29 (5) A licensure exception under:
30 (A) A District of Innovation Program, � 6-15-2801 et seq.;
31 (B)(A) The Arkansas Quality Charter Schools Act of 2013, �
32 6-23-101 et seq.; or
33 (C)(B) Section 6-15-103;
34
35 SECTION 2. Arkansas Code Title 6, Chapter 15, Subchapter 28, is
36 repealed.
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1 6-15-2801. Definitions.
2 As used in this subchapter:
3 (1) "District of innovation" means a public school district with
4 one (1) or more schools of innovation that has:
5 (A) Submitted a school of innovation application in
6 compliance with � 6-15-2803;
7 (B) Obtained necessary exceptions from laws, rules, and
8 local policies to improve the educational performance of students from the
9 Commissioner of Elementary and Secondary Education; and
10 (C) Been approved as a district of innovation by the
11 commissioner;
12 (2) "Eligible employees" means the employees who are employed at
13 a school that is considering being designated as a school of innovation;
14 (3) "Innovation" means a new or creative alternative to the
15 existing instructional and administrative practices that is intended to
16 improve academic performance and learning for all students;
17 (4)(A)(i) "School council of innovation" means a body of
18 individuals from a current or aspiring school of innovation composed of
19 teachers, classified employees, the building-level principal or his or her
20 administrative designee, parents, community members, a minimum of two (2)
21 students from the school of innovation, and other interested parties selected
22 by the school council of innovation to participate.
23 (ii) The teacher representatives shall be elected by
24 a majority vote of the school's licensed eligible employees.
25 (iii) The classified representatives shall be elected
26 by a majority vote of the school's classified eligible employees.
27 (iv)(a) The parent representatives shall be
28 selected by a majority vote of the attendees at a meeting called for the
29 purpose of selecting the school's parent representatives and shall have a
30 child in the school to be eligible to serve on the school council of
31 innovation.
32 (b) Schools with a ten percent (10%) or
33 greater minority student population shall have minority representation on the
34 school council of innovation.
35 (B) The school council of innovation shall:
36 (i) Generate innovative ideas and proposals of its
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1 own;
2 (ii) Determine a method for requesting innovative
3 ideas and proposals from school employees, community members, and other
4 stakeholders to be submitted to the school council of innovation;
5 (iii) Receive innovative ideas and proposals from
6 school employees, community members, and other stakeholders;
7 (iv) Consider all innovative ideas and proposals
8 submitted by community members and other stakeholders; and
9 (v) Determine the content and format of the plan
10 that will be voted on by the eligible employees.
11 (C) The school council of innovation may create
12 subcommittees, which may include noncouncil members, to work on developing
13 portions of the plan; and
14 (5)(A) "School of innovation" means a school that participates
15 in a district of innovation to transform and improve teaching and learning.
16 (B) A school of innovation's plan is subject to the
17 exceptions approved by the commissioner for the school of innovation.
18
19 6-15-2802. School of innovation designation -- Rules.
20 (a)(1) The Commissioner of Elementary and Secondary Education may
21 approve a public school's application to become a school of innovation for
22 the purpose of transforming and improving the teaching and learning under �
23 6-15-2803.
24 (2) The Division of Elementary and Secondary Education may
25 designate a public school as a school of innovation under subdivision (a)(1)
26 of this section if the public school has met the objectives outlined in the
27 public school's application to become a school of innovation within the time
28 period established in the public school's application.
29 (b)(1) A school of innovation shall be approved for a period of four
30 (4) years and may be renewed for four-year periods thereafter.
31 (2) The commissioner may revoke a public school's school of
32 innovation designation if the public school fails to substantially fulfill
33 the school of innovation plan as established in the public school's school of
34 innovation application, meet goals and performance targets, or comply with
35 applicable laws or rules.
36 (c) The State Board of Education shall adopt rules to administer this
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1 subchapter, including without limitation rules that address the:
2 (1) Rules subject to exemption or modification for a school of
3 innovation application if approved by the commissioner;
4 (2) Application, school of innovation plan review, approval, and
5 amendment process for a public school district to establish a school of
6 innovation;
7 (3) Timeline for initial approval of a school of innovation and
8 subsequent renewal, including any ongoing evaluations of a school of
9 innovation;
10 (4) Documentation required to show meaningful parental,
11 educator, and community engagement and capacity for the changes identified in
12 the school of innovation plan;
13 (5) Approval by the eligible employees of a school of
14 innovation;
15 (6) Evidence of teacher collaboration and shared leadership
16 responsibility within each school seeking to become a school of innovation;
17 (7) Documentation of the understanding and implementation of
18 research-based practices of professional learning communities;
19 (8) Process for revocation of a designation as a district of
20 innovation or school of innovation;
21 (9) Reporting and oversight responsibility of the school of
22 innovation and the division;
23 (10) Budget and financial details of the school of innovation;
24 and
25 (11) Other information necessary as determined by the state
26 board.
27
28 6-15-2803. School of innovation application.
29 (a) A school district shall submit its school of innovation
30 application, approved by the school district board of directors, to the
31 Commissioner of Elementary and Secondary Education for approval to become a
32 school of innovation.
33 (b) A school of innovation application shall address without
34 limitation:
35 (1) The goals and performance targets for the school of
36 innovation, which may include without limitation:
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1 (A) Reducing the achievement gap among one (1) or more
2 groups of students by accelerating learning experiences for academically low-
3 achieving students while increasing all student learning through the
4 implementation of highly rigorous standards for student performance;
5 (B) Increasing student participation in curriculum
6 options;
7 (C) Exploring new avenues for expanding students' college
8 and career readiness;
9 (D) Motivating students by exploring innovative teaching
10 and learning choices; and
11 (E) Transforming a school's culture and climate in a
12 manner that will lead to transformative teaching and learning;
13 (2) Changes needed in the school that will lead to students who
14 are better prepared for success in life and career; and
15 (3) Innovative practices to be used in the school of innovation.
16 (c) Schools of innovation shall document:
17 (1) Parental, school employee, and community engagement;
18 (2) The capacity for the proposed school of innovation;
19 (3) The rationale for law, rule, and local policy exception
20 requests;
21 (4) Progress toward goals and performance targets; and
22 (5) Other information requested by the commissioner.
23
24 6-15-2804. School of innovation.
25 (a) A school that is designated a school of innovation shall:
26 (1) Ensure that the same health, safety, civil rights, and
27 disability rights requirements are in place as those that apply to all other
28 public schools;
29 (2) Ensure that the high school curriculum offered meets or
30 exceeds the minimum high school graduation requirements adopted by the State
31 Board of Education;
32 (3) Adhere to financial audits, audit procedures, and audit
33 requirements adopted by the state board for public school districts;
34 (4) Require criminal background checks for school employees and
35 volunteers as required by law for public school districts;
36 (5) Comply with open records and open meeting requirements;
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1 (6) Comply with purchasing limitations and requirements;
2 (7)(A) Provide instructional time that meets or exceeds the
3 instructional time requirement adopted by the state board unless granted an
4 exception by the Commissioner of Elementary and Secondary Education.
5 (B) Instructional time may include on-site instruction,
6 distance or virtual learning, and work-based learning on nontraditional
7 school days or hours;
8 (8) Provide data requested by the Division of Elementary and
9 Secondary Education to generate reports;
10 (9) [Repealed.]
11 (10) Comply with state law and rules regarding the education of
12 gifted and talented students; and
13 (11) Demonstrate research-based implementation of professional
14 learning communities throughout the school that address the needs of the
15 students and professionals.
16 (b)(1) Before a public school district submits a school of innovation
17 plan to the commissioner, the eligible employees of each proposed school of
18 innovation shall vote on whether the school shall be designated a school of
19 innovation.
20 (2) A minimum of sixty percent (60%) of the eligible employees
21 voting in support of the school's designation as a school of innovation is
22 required before the school's innovation plan may be submitted to the school
23 district board of directors for approval.
24 (3) The school council of innovation shall be responsible for
25 conducting the vote required under subdivision (b)(1) of this section.
26 (c) A school of innovation plan may request exemptions from local
27 policies and specific laws and rules approved for exemption or modification
28 by the state board except The Teacher Fair Dismissal Act of 1983, � 6-17-1501
29 et seq. [repealed].
30 (d) A public school district with a negotiated employment contract in
31 place shall follow the procedure set forth within the contract that allows
32 the implementation of a school of innovation.
33
34 SECTION 3. Arkansas Code � 6-17-2803(16)(B), concerning the definition
35 of a teacher under the Teacher Excellence and Support System, is amended to
36 read as follows:
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1 (B) "Teacher" also includes a licensed or nonlicensed
2 classroom teacher employed in a position under subdivision (16)(A)(ii) of
3 this section at a:
4 (i) Public charter school under a waiver of teacher
5 licensure requirements granted by the state board in the charter; or
6 (ii) School district under a waiver of teacher
7 licensure requirements granted by the state board under � 6-15-103 or under
8 the district of innovation program under � 6-15-2801 et seq.
9
10 SECTION 4. Arkansas Code � 6-17-2808(a)(2)(A), concerning the
11 implementation and applicability of the Teacher Excellence and Support
12 System, is amended to read as follows:
13 (2)(A) This subchapter is not waived when a public school,
14 charter school, or school district obtains a waiver granted by the state
15 board from the laws and rules governing educator licensure:
16 (i) In the charter of a public charter school; or
17 (ii) Under � 6-15-103; or
18 (iii) Under the district of innovation program under
19 � 6-15-2801 et seq.
20
21 SECTION 5. Arkansas Code � 6-23-103 is amended to read as follows:
22 6-23-103. Definitions.
23 As used in this chapter:
24 (1) "Adult education charter school" means a charter school for
25 individuals at least nineteen (19) years of age that offers a high school
26 diploma program and an industry certification program simultaneously to
27 students;
28 (2) "Applicant" means an eligible entity that seeks to apply for
29 an open-enrollment public charter school or a conversion public charter
30 school by submitting an approved application with supporting documentation to
31 the authorizer and is eligible to conduct business in the state;
32 (3) "Application" means the proposal for obtaining conversion
33 public charter school status or open-enrollment public charter school status
34 charter school proposal and supporting documentation submitted to the
35 authorizer that seeks to establish an open-enrollment public charter school
36 or a conversion public charter school;
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1 (3)(4) "Authorizer" means an entity that authorizes a charter,
2 which may be either the:
3 (A) Division of Elementary and Secondary Education acting
4 through the charter authorizing panel established under � 6-23-701, with
5 final approval of all decisions by the State Board of Education; or
6 (B) State Board of Education acting under � 6-23-703;
7 (4)(5) "Charter" means a performance-based contract for an
8 initial five-year period between the authorizer and an approved applicant for
9 public charter school status that exempts the public charter school from
10 state and local rules, regulations, policies, and procedures specified in the
11 contract and from the provisions of this title specified in the contract
12 that:
13 (A) Serves as a governing agreement that exempts a public
14 charter school from specified state and local rules, regulations, policies,
15 and procedures as outlined in the charter;
16 (B) Defines the performance expectations and
17 accountability standards for the approved public charter school;
18 (C) Is governed by Arkansas law; and
19 (D) Establishes the terms and conditions between the
20 authorizer and:
21 (i) An open-enrollment public charter school board;
22 or
23 (ii) The local school district board of directors of
24 a conversion public charter school;
25 (6) "Charter authorizing panel" means the seven (7) member panel
26 appointed by the Commissioner of Elementary and Secondary Education that is
27 established and administered by the division to take actions authorized under
28 � 6-23-701;
29 (7) "Charter school board" means the governing body of an open-
30 enrollment public charter school that:
31 (A) Is a non-profit entity; and
32 (B) Satisfies the relevant requirements of a tax-exempt
33 organization under � 501(c)(3) of the Internal Revenue Code of 1986;
34 (5)(8)(A) "Conversion public charter school" means a public
35 school that:
36 (i) That has converted to operating under the terms
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1 of a charter approved by the a local school district board of directors and
2 the authorizer; or
3 (ii)(a) Previously designated as a school of
4 innovation under the former District of Innovation Program, �� 6-15-2801 et
5 seq.
6 (b) A school previously designated as a school
7 of innovation specified under subdivision (8)(A)(ii)(a) of this section shall
8 retain all waivers in effect for the school as of July 1, 2025, until the end
9 of the four-year approval cycle in effect as of July 1, 2025.
10 (c) A conversion public charter school under
11 subdivision (8)(A)(ii)(a) of this section may be renewed by the authorizer in
12 accordance with � 6-23-201 et seq.
13 (B)(i) A conversion public charter school that existed on
14 or before July 1, 2025, shall retain all waivers in effect for the conversion
15 public charter school unless:
16 (a)(1) The conversion public charter school
17 received a letter grade of "D" or "F" under the school rating system under �
18 6-15-2101 et seq. for the 2022-2023 school year.
19 (2) All waivers of a conversion public
20 charter school under subdivision (8)(B)(i)(a)(1) of this section shall be in
21 effect until the end of the 2026-2027 school year;
22 (b)(1) The conversion public charter school
23 received a letter grade of "C" under the school rating system under � 6-15-
24 2101 et seq. for the 2022-2023 school year.
25 (2) All waivers of a conversion public
26 charter school under subdivision (8)(B)(i)(b)(1) of this section shall be in
27 effect until the end of the 2026-2027 school year; or
28 (c)(1) The conversion public charter school
29 received a letter grade of "A" or "B" under the school rating system under �
30 6-15-2101 et seq. for the 2022-2023 school year.
31 (2) All waivers of a conversion public
32 charter school under subdivision (8)(B)(i)(c)(1) of this section shall be in
33 effect until the end of the 2027-2028 school year.
34 (ii) If no conditions under subdivision (8)(B)(i) of
35 this section exist, then the waivers in effect for a conversion public
36 charter school that existed on or before July 1, 2025, shall be retained
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1 until the end of the charter term in effect as of July 1, 2025;
2 (6)(9) "Eligible entity" means:
3 (A) A public institution of higher education;
4 (B) A private, nonsectarian institution of higher
5 education;
6 (C) A governmental entity; or
7 (D) An organization that:
8 (i) Is nonsectarian in its program, admissions
9 policies, employment practices, and operations; and
10 (ii) Has applied for tax-exempt status under the
11 Internal Revenue Code of 1986, 26 U.S.C. � 501(c)(3);
12 (7)(10) "Founding member" means any an individual who is either:
13 (A) A member or an employee of the an eligible entity
14 applying for the initial charter for an open-enrollment public charter
15 school; or
16 (B) A member of the initial governing nonadvisory board of
17 the an open-enrollment public charter school;
18 (8)(11) "Local school board" means a board of directors
19 exercising the control and management of a public school district;
20 (9)(A)(12)(A) "Open-enrollment public charter school" means a
21 public school that:
22 (i) Is operating under the terms of a charter
23 granted by the authorizer on the application of an eligible entity;
24 (ii) May draw its students from any public school
25 district in this state; and
26 (iii) Is a local educational agency under the
27 Elementary and Secondary Education Act of 1965, 20 U.S.C. � 6301 et seq., as
28 it existed on April 10, 2009.
29 (B) "Open-enrollment public charter school" also possesses
30 the same meaning as given the term "charter school" in the Elementary and
31 Secondary Education Act of 1965, 20 U.S.C. � 7221i, as it existed on April
32 10, 2009.
33 (C) An open-enrollment public charter school that existed
34 on or before July 1, 2025, shall retain all waivers in effect for the open-
35 enrollment public charter school unless the open-enrollment public charter
36 school received:
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1 (i)(a) A letter grade of "D" or "F" under the school
2 rating system under � 6-15-2101 et seq. for the 2022-2023 school year.
3 (b) All waivers of an open-enrollment public
4 charter school under subdivision (12)(C)(i)(a) of this section shall be in
5 effect until the end of the 2026-2027 school year or the end of the charter
6 term, whichever occurs first;
7 (ii)(a) Received a letter grade of "C" under the
8 school rating system under � 6-15-2101 et seq. for the 2022-2023 school year.
9 (b) All waivers of an open-enrollment public
10 charter school under subdivision (12)(C)(ii)(a) of this section be in effect
11 until the end of the 2027-2028 school year or the end of the charter term,
12 whichever occurs first; or
13 (iii)(a) Received a letter grade of "A" or "B" under
14 the school rating system under � 6-15-2101 et seq. for the 2022-2023 school
15 year.
16 (b) All waivers of an open-enrollment public
17 charter school under subdivision (12)(C)(iii)(a) of this section be in effect
18 until the end of the 2028-2029 school year or the end of the charter term,
19 whichever occurs first.
20 (D) An open-enrollment public charter school approved by
21 the charter authorizing panel and the State Board of Education to operate as
22 a virtual charter school shall be granted a waiver of requirements in law or
23 rule applicable to the physical presence of students on a school campus as
24 designated by the Division of Elementary and Secondary Education upon
25 approval of an initial application to establish a virtual charter school or a
26 renewal of an existing virtual charter school;
27 (10)(13) "Parent" means any parent, legal guardian, person
28 standing in loco parentis, or other person having custody or charge of a
29 school-age child;
30 (11)(14) "Public charter school" means a conversion public
31 charter school or an open-enrollment public charter school; and
32 (12)(15) "Public school" means a school that is part of a public
33 school district under the control and management of a local school district
34 board of directors.
35
36 SECTION 6. Arkansas Code � 6-23-104 is amended to read as follows:
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1 6-23-104. Charter form for public charter schools -- Requirements --
2 Revision.
3 (a) A charter for a public charter school shall:
4 (1) Be in the form of a written contract signed by the
5 Commissioner of Elementary and Secondary Education and the chief operating
6 officer of the public charter school an authorized member of the charter
7 school board;
8 (2) Satisfy the requirements of this chapter; and
9 (3) Ensure that the information required under � 6-23-404 is
10 consistent with the information provided in the application and any
11 modification that the authorizer may require.
12 (b) Any A revision or amendment of the charter for a public charter
13 school may be made only with the approval of the authorizer.
14 (c) An open-enrollment A public charter school shall post the most
15 recent version of the written contract its charter on the website of the
16 open-enrollment public charter school by August 1 each year.
17
18 SECTION 7. Arkansas Code � 6-23-105(a)(2), concerning modification of
19 a public charter school's charter, is amended to read as follows:
20 (2) The authorizer may allow approve the voluntary assignment of
21 a public charter school to another charter school board upon petition by the
22 public charter school boards to the authorizer.
23
24 SECTION 8. Arkansas Code � 6-23-105(a)(3), concerning the transfer or
25 assignment of a public charter school charter to an eligible entity, is
26 amended to read as follows:
27 (3)(A) If the authorizer transfers or assigns the charter of a
28 public charter school to an eligible entity a different charter school board,
29 the authorizer shall not hold the applicant charter school board in receipt
30 of of the charter responsible for any activity that occurred before the
31 transfer or assignment, which includes without limitation any disciplinary
32 action taken by the authorizer.
33 (B) After the authorizer transfers or assigns a charter to
34 an eligible entity a different charter school board, the authorizer shall:
35 (i) Issue a new local education agency number as
36 required under � 25-6-107; and
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1 (ii) Not issue an annual report as required under �
2 6-15-2101 until the eligible entity to which the charter was transferred has
3 completed at least one (1) school year.
4
5 SECTION 9. Arkansas Code � 6-23-105(d), concerning a procedure used to
6 place a public charter school on probation or modifying, revoking,
7 transferring, assigning, or denying renewal of a charter, is amended to read
8 as follows:
9 (d)(1) The procedure adopted under subsection (c) of this section
10 shall provide an opportunity for a hearing to the persons operating the
11 public charter school.
12 (2)(A) The hearing shall be held at the Division of Elementary
13 and Secondary Education.
14 (B) The authorizer shall provide sufficient written notice
15 of the time and location of the hearing.
16 (3) There is no further right of appeal beyond the determination
17 of the authorizer.
18 (4)(3) The Arkansas Administrative Procedure Act, � 25-15-201 et
19 seq., shall not apply to a hearing concerning a public charter school.
20 (4)(A) If a public charter school receives an "F" letter grade
21 for three (3) consecutive school years, then the public charter school's
22 charter shall be revoked.
23 (B)(i) Within ten (10) days following the notification by
24 the division to a public charter school of its receipt of an "F" letter grade
25 for the third consecutive school year and revocation of the public charter
26 school's charter, the public charter school may request a hearing before the
27 State Board of Education to request reinstatement of the charter.
28 (ii) The state board shall promulgate rules
29 governing the process for submitting a request and the hearing procedures
30 under subdivision (d)(4)(A) of this section.
31
32 SECTION 10. Arkansas Code � 6-23-105(e)(1), concerning actions an
33 open-enrollment public charter school must take upon the revocation,
34 transfer, or assignment of its charter, is amended to read as follows:
35 (e)(1)(A) Immediately upon the revocation, transfer, or assignment of
36 an open-enrollment a charter by the authorizer, an open-enrollment public
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1 charter school shall:
2 (i) Provide to the division a detailed accounting of
3 all accounts payable due from the state funds held by the open-enrollment
4 public charter school and any additional information or records requested by
5 the division concerning the disbursement of the state funds;
6 (ii) Provide the division with a comprehensive list
7 of all banking information and accounts in which the open-enrollment public
8 charter school holds state or federal funds;
9 (iii) Receive prior approval from the division for
10 an expenditure over five hundred dollars ($500); and
11 (iv) Work in coordination with the division to draft
12 and implement a charter closure plan.
13 (B)(i) Immediately upon the State Board of Education's
14 affirmation of a authorizer's revocation, assignment, or transfer of an open-
15 enrollment public charter school's charter, the open-enrollment public
16 charter school shall transfer all state and federal funds held by the open-
17 enrollment public charter school to the division.
18 (ii) The division shall hold:
19 (a) Hold funds received under subdivision
20 (e)(1)(B)(i) of this section in receivership in a separate fund; and shall
21 expend
22 (b) Expend the funds received under
23 subdivision (e)(1)(B)(i) of this section only with prior approval of the
24 Commissioner of Elementary and Secondary Education.
25
26 SECTION 11. Arkansas Code � 6-23-107 is amended to read as follows:
27 6-23-107. Reporting requirements.
28 (a) Within ten (10) calendar days of the close of the first quarter of
29 each school year, a A public charter school shall submit a written report, as
30 prescribed in its charter and performance framework, to the Division of
31 Elementary and Secondary Education authorizer in the format required by the
32 Division of Elementary and Secondary Education that contains the following
33 information for the current school year without limitation:
34 (1) The number of applications for enrollment received
35 Enrollment data;
36 (2) The number of applicants with a disability identified under
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1 the Individuals with Disabilities Education Act, 20 U.S.C. � 1400 et seq. The
2 number of applications for enrollment received; and
3 (3) The number of applications for enrollment the public charter
4 school denied and an explanation of the reason for each denial accepted;
5 (4) The student subpopulation data;
6 (5) Retention data;
7 (6) Attrition data;
8 (7) Disciplinary actions taken against enrolled students; and
9 (8) Student assessment scores.
10 (b) Within ten (10) calendar days of the close of the fourth quarter
11 of each school year, a public charter school shall submit a written report to
12 the division that contains the following information for the current school
13 year:
14 (1) The number of students in each of the following categories:
15 (A) Students who dropped out of the public charter school
16 during the school year;
17 (B) Students who were expelled during the school year by
18 the public charter school; and
19 (C) Students who were enrolled in the public charter
20 school but for a reason other than those cited in subdivisions (b)(1)(A) and
21 (B) of this section did not complete the school year at the public charter
22 school; and
23 (2)(A) For all students enrolled in the public charter school,
24 the scores for assessments required under the Arkansas Educational Support
25 and Accountability Act, � 6-15-2901 et seq.
26 (B) If there is any discrepancy in the number of students
27 for whom scores are reported under this subdivision (b)(2) and the number of
28 students enrolled at the beginning of the school year, the public charter
29 school shall explain in the report the reason for the discrepancy.
30 (c)(b) The division shall not exempt a public charter school from the
31 reporting required under this section.
32 (d) The division shall publish a copy of each report on the division's
33 website.
34 (e)(c) If a public charter school fails to comply with this section,
35 the division shall note the failure in the annual evaluation of the public
36 charter school.
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1
2 SECTION 12. Arkansas Code � 6-23-201 is amended to read as follows:
3 (a)(1) Any public school district may apply to the authorizer for
4 conversion public charter school status for a public school in the public
5 school district in accordance with a schedule approved by the authorizer
6 using the application developed by the Division of Elementary and Secondary
7 Education.
8 (2) A public school district's application for conversion public
9 charter school status for the public school may include, but shall not be
10 limited to, the following purposes:
11 (A) Adopting research-based school or instructional
12 designs, or both, that focus on improving student and school performance,
13 which may include without limitation the implementation of a community school
14 plan, as defined by � 6-15-3002;
15 (B) Addressing school improvement status resulting from
16 sanctions listed in � 6-15-207(c)(8) and � 6-15-429(a) and (b) [repealed]; or
17 (C) Partnering with other public school districts or
18 public schools to address students' needs in a geographical location or
19 multiple locations.
20 (b) Such application shall:
21 (1)(A) Describe the results of a public hearing called by the
22 local school district board of directors for the purpose of assessing support
23 of an application for conversion public charter school status.
24 (B) Notice of the public hearing shall be:
25 (i) Distributed to the community, licensed
26 personnel, and the parents of all students enrolled at the public school for
27 which the public school district initiated the application; and
28 (ii) Published in a newspaper having general
29 circulation in the public school district at least three (3) weeks before the
30 date of the meeting;
31 (2) Describe a plan for school improvement that addresses how
32 the conversion public charter school will improve student learning and meet
33 the state education goals;
34 (3) Outline proposed performance criteria that will be used
35 during the initial five-year period of the charter to measure the progress of
36 the conversion public charter school in improving student learning and
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1 meeting or exceeding the state education goals;
2 (4) Describe how the licensed employees and parents of students
3 to be enrolled in the conversion public charter school will be involved in
4 developing and implementing the school improvement plan and identifying
5 performance criteria;
6 (5) Describe how the concerns of licensed employees and parents
7 of students enrolled in the conversion public charter school will be
8 solicited and addressed in evaluating the effectiveness of the improvement
9 plan; and
10 (6) List the specific provisions of this title and the specific
11 rules promulgated by the State Board of Education from which the conversion
12 public charter school will be exempt.
13 (c)(1) A licensed teacher employed by a public school in the school
14 year immediately preceding the effective date of a charter for a public
15 school conversion within that public school district may not be transferred
16 to or be employed by the conversion public charter school over the licensed
17 teacher's objection, nor shall that objection be used as a basis to deny
18 continuing employment within the public school district in another public
19 school at a similar grade level.
20 (2) If the transfer of a teacher within the public school
21 district is not possible because only one (1) public school exists for that
22 teacher's licensure level, then the local school district board of directors
23 shall call for a vote of the licensed teachers in the proposed conversion
24 public charter school site and proceed, at the option of the local school
25 board of directors, with the conversion public charter school application if
26 a majority of the licensed teachers approve the proposal.
27
28 SECTION 13. Arkansas Code � 6-23-202 is amended to read as follows:
29 6-23-202. Authorization for conversion public charter school status.
30 As requested by the Upon request of a conversion public charter school
31 applicant, the authorizer shall review the application for conversion public
32 charter school status and may approve any or deny an application that:
33 (1) Provides a plan for improvement at the school level for
34 improving student learning and for meeting or exceeding the state education
35 goals;
36 (2) Includes a set of performance-based objectives and student
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1 achievement objectives for the term of the charter and the means for
2 measuring those objectives on at least a yearly basis;
3 (3) Includes a proposal to directly and substantially involve
4 the parents of students to be enrolled in the conversion public charter
5 school, as well as the licensed employees and the broader community, in the
6 process of carrying out the terms of the charter; and
7 (4) Includes an agreement to provide a yearly report to parents,
8 the community, the local school district board of directors, and the
9 authorizer that indicates the progress made by the conversion public charter
10 school in meeting the performance objectives during the previous year.
11
12 SECTION 14. Arkansas Code � 6-23-301 is amended to read as follows:
13 6-23-301. Application forms and procedures for open-enrollment public
14 charter schools.
15 (a) The authorizer shall adopt:
16 (1) An application form, a schedule, and a procedure that must
17 be used to apply for a charter for an open-enrollment public charter school;
18 and
19 (2) Criteria to use in selecting a program for which a charter
20 may be granted.
21 (b) The application form must provide space for including all
22 information required under this chapter to be contained in the charter.
23
24 SECTION 15. Arkansas Code � 6-23-302(c), concerning an application to
25 become an open-enrollment public charter school, is amended to read as
26 follows:
27 (c) The application under this section shall:
28 (1)(A) Describe the results of a public hearing called by the
29 applicant for the purpose of assessing support for an application for an
30 open-enrollment public charter school.
31 (B)(i) Notice of the public hearing shall be published one
32 (1) time a week for three (3) consecutive weeks in a newspaper having general
33 circulation in the public school district in which the open-enrollment public
34 charter school is likely to be located.
35 (ii) The last publication of notice shall be no less
36 than seven (7) days before the public meeting.
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1 (iii) The notice shall not be published in the
2 classified or legal notice section of the newspaper.
3 (C)(i) Within seven (7) calendar days following the first
4 publication of notice required under subdivision (c)(1)(B) of this section,
5 letters announcing the public hearing shall be sent to the superintendent of
6 each of the public school districts from which the open-enrollment public
7 charter school is likely to draw students for the purpose of enrollment and
8 the superintendent of any public school district that is contiguous to the
9 public school district in which the open-enrollment public charter school
10 will be located.
11 (ii) An affected school district may submit written
12 comments concerning the application to the authorizer to be considered at the
13 time of the authorizer's review of the application;
14 (2) Describe a plan for academic achievement that addresses how
15 the open-enrollment public charter school will improve student learning and
16 meet or exceed the state education goals, which may include without
17 limitation the implementation of a community school plan, as defined by � 6-
18 15-3002;
19 (3) Outline the proposed performance criteria that will be used
20 during the initial five-year period of the open-enrollment public charter
21 school operation to measure its progress in improving student learning and
22 meeting or exceeding the state education goals;
23 (4) List the specific provisions of this title and the specific
24 rules promulgated by the State Board of Education from which the open-
25 enrollment public charter school seeks to be exempted;
26 (5)(A) Describe in general terms the area within the boundaries
27 of the school district where the applicant intends to obtain a facility to be
28 used for the open-enrollment public charter school.
29 (B) If the facility to be used for an open-enrollment
30 public charter school is a public school district facility, the open-
31 enrollment public charter school must shall operate in the facility in
32 accordance with the terms established by the local school district board of
33 directors of the public school district in an agreement governing the
34 relationship between the open-enrollment public charter school and the public
35 school district.
36 (C) If the facility that will be used for the open-
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1 enrollment public charter school is owned by or leased from a sectarian
2 organization, the terms of the facility agreement must shall be disclosed to
3 the authorizer; and
4 (6) Include a detailed budget and a governance plan for the
5 operation of the open-enrollment public charter school.
6
7 SECTION 16. Arkansas Code � 6-23-303 is amended to read as follows:
8 6-23-303. Authorization for an open-enrollment public charter school.
9 As requested by the Upon request of an applicant for an open-enrollment
10 public charter school, the authorizer shall review the application for an
11 open-enrollment public charter school and may approve any application that:
12 (1) Provides a plan for academic achievement that addresses how
13 the open-enrollment public charter school proposes to improve student
14 learning and meet or exceed the state education goals;
15 (2) Includes a set of performance criteria that will be used
16 during the initial five-year period of the open-enrollment public charter
17 school's operation to measure its progress in meeting its academic,
18 financial, and operational performance goals;
19 (3) Includes a proposal to directly and substantially involve
20 the parents of students to be enrolled in the open-enrollment public charter
21 school, the licensed employees, and the broader community in carrying out the
22 terms of the open-enrollment charter;
23 (4) Includes an agreement to provide an annual report to
24 parents, the community, and the authorizer that demonstrates the progress
25 made by the open-enrollment public charter school during the previous
26 academic year in meeting its academic, financial, and operational performance
27 objectives goals;
28 (5) Includes a detailed budget, a business plan, and a
29 governance plan for the operation of the open-enrollment public charter
30 school; and
31 (6) Establishes the eligible entity's application status as a
32 tax-exempt organization under � 501(c)(3) of the Internal Revenue Code of
33 1986 before the first day of its operation with students.
34
35 SECTION 17. Arkansas Code � 6-23-304(a), concerning approval or denial
36 of an application for an open-enrollment public charter school, is amended to
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1 read as follows:
2 (a) The authorizer may approve or deny an application based on:
3 (1) Criteria provided by law or by rule adopted by the State
4 Board of Education; and
5 (2) Findings of the authorizer relating to improving student
6 performance and encouraging innovative programs; and
7 (3) Written findings or statements received by the authorizer
8 from any public school district likely to be affected by the open-enrollment
9 public charter school.
10
11 SECTION 18. Arkansas Code � 6-23-304(c) and (d), concerning the number
12 of campuses an open-enrollment public charter school may opeen and operate,
13 is amended to read as follows:
14 (c)(1) An open-enrollment public charter school applicant's school
15 school's campus shall be limited to a single open-enrollment public charter
16 school per charter except as allowed in subsection (d) of this section.
17 (2) A private or parochial elementary or secondary school shall
18 not be eligible for open-enrollment public charter school status.
19 (d) A charter applicant that receives an approved open-enrollment
20 public charter may petition the authorizer for additional licenses to
21 establish an open-enrollment public charter school in any of the various
22 congressional districts approval to open and operate additional campuses in
23 Arkansas if the applicant meets the following conditions:
24 (1) The approved open-enrollment public charter applicant school
25 is meeting the terms and performance criteria of its charter and has
26 demonstrated academic success as defined by the state board for all public
27 schools;
28 (2) The approved open-enrollment public charter applicant has
29 not:
30 (A) Been subject to any disciplinary action by the
31 authorizer;
32 (B) Been classified as in need of Level 5 -- Intensive
33 support or fiscal distress found to exhibit academic, fiscal, or
34 organizational deficiencies; and
35 (C) Had its open-enrollment public charter placed on
36 charter school probation or suspended or revoked under � 6-23-105; and
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1 (3) The authorizer determines in writing by majority of a quorum
2 present that the approved open-enrollment public charter applicant has
3 generally established the educational program results and criteria set forth
4 in this subsection.
5
6 SECTION 19. Arkansas Code � 6-23-307 is amended to read as follows:
7 6-23-307. Renewal of charter.
8 (a)(1) After the initial five-year period of an open-enrollment public
9 charter, the authorizer may renew the open-enrollment public charter on a
10 one-year or multiyear basis, not to exceed twenty (20) years.
11 (2) A renewal decision shall be based on the academic,
12 financial, and operational performance of a charter school over the term of a
13 charter contract.
14 (b) The State Board of Education Division of Elementary and Secondary
15 Education shall create an expedited renewal process for open-enrollment
16 public charter schools that meet certain criteria that includes the following
17 without limitation:
18 (1) A school rating that is above the state average based on the
19 most recent results of the Arkansas school rating system established under ��
20 6-15-2105 and 6-15-2106 and state board State Board of Education rules;
21 (2) Demonstration of exceptional academic growth with enrolled
22 students, as defined by the state board; and
23 (3) Adherence to all operational and financial requirements, as
24 defined by the state board; and
25 (4) Demonstration of operational viability and financial
26 sustainability as evidenced by performance indicators.
27
28 SECTION 20. Arkansas Code � 6-23-401(b)(1), concerning rules and
29 restrictions imposed on open-enrollment public charter schools, is amended to
30 read as follows:
31 (b) An open-enrollment public charter school is subject to any
32 prohibition, restriction, or requirement imposed by this title and any rule
33 promulgated by the State Board of Education under this title relating to:
34 (1) Monitoring compliance with this chapter, as determined by
35 the commissioner authorizer;
36 (2) Public school accountability under this title;
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1 (3) High school graduation requirements as established by the
2 state board;
3 (4) Special education programs as provided by this title;
4 (5) Conducting criminal background checks for employees as
5 provided in this title;
6 (6) Health and safety codes as established by the state board
7 and local governmental entities; and
8 (7) Reporting through the Arkansas Public School Computer
9 Network applications as provided under this title.
10
11 SECTION 21. Arkansas Code � 6-23-402 is amended to read as follows:
12 6-23-402. Enrollment numbers and deadline.
13 (a) An open-enrollment public charter school may enroll a number of
14 students not to exceed the number of students specified in its charter.
15 (b)(1) Any student enrolling in an open-enrollment public charter
16 school shall enroll in that school by July 30 for the upcoming school year
17 during which the student will be attending the open-enrollment public charter
18 school.
19 (2) However, if a student enrolled by July 15 should no longer
20 choose to attend the open-enrollment public charter school or if the open-
21 enrollment public charter school has not yet met its enrollment cap, the
22 open-enrollment public charter school may enroll a number of replacement or
23 additional students not to exceed the enrollment cap of the open-enrollment
24 public charter school.
25 (3) An open-enrollment public charter school shall have a policy
26 concerning whether the open-enrollment public charter school will enroll
27 students after July 30.
28 (c)(b) Open-enrollment public charter schools shall keep records of
29 attendance in accordance with the law and submit quarterly attendance reports
30 to the Division of Elementary and Secondary Education.
31
32 SECTION 22. Arkansas Code � 6-23-404 is amended to read as follows:
33 6-23-404. Evaluation of open-enrollment public charter schools.
34 (a) The Division of Elementary and Secondary Education shall cause to
35 be conducted conduct an annual evaluation of open-enrollment public charter
36 schools.
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1 (b) An annual evaluation shall include without limitation
2 consideration of: be based on a review of the criteria that is specified in
3 the public charter school's charter and the public charter school's letter
4 grade, in accordance with applicable rules.
5 (1) Student scores under the statewide assessment program
6 described in � 6-15-433 [repealed];
7 (2) Student attendance;
8 (3) Student grades;
9 (4) Incidents involving student discipline;
10 (5) Socioeconomic data on students' families;
11 (6) Parental satisfaction with the schools;
12 (7) Student satisfaction with the schools; and
13 (8) The open-enrollment public charter school's compliance with
14 � 6-23-107.
15 (c) The authorizer may require the a charter holder to appear before
16 the authorizer to discuss the results of the annual evaluation and to present
17 further information to the authorizer as the authorizer deems necessary.
18
19 SECTION 23. Arkansas Code � 6-23-405 is amended to read as follows:
20 6-23-405. Monthly reports Initial year monitoring.
21 An open-enrollment public charter school in its initial school year of
22 operation shall provide monthly reports on its enrollment status and
23 compliance with its approved budget for the current school year to the The
24 Division of Elementary and Secondary Education shall monitor open-enrollment
25 public charter schools with regard to student enrollment and budgetary
26 compliance.
27
28 SECTION 24. Arkansas Code � 6-23-406 is repealed.
29 6-23-406. Division of Elementary and Secondary Education review.
30 The Division of Elementary and Secondary Education shall:
31 (1) Conduct an end-of-semester review of each open-enrollment
32 public charter school that is in its initial school year of operation at the
33 end of the first semester and at the end of the school year; and
34 (2) Report to the State Board of Education and the Commissioner
35 of Elementary and Secondary Education on the open-enrollment public charter
36 school's:
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1 (A) Overall financial condition; and
2 (B) Overall condition of student enrollment.
3
4 SECTION 25. Arkansas Code � 6-23-701(b) and (c), concerning the
5 charter authorizing panel, are amended to read as follows:
6 (b)(1) The division shall exercise authority over public charter
7 schools under this chapter through a public by recommending to a charter
8 authorizing panel established within the division that the charter
9 authorizing panel take actions authorized under subsection (a) of this
10 section.
11 (2)(A) The Commissioner of Elementary and Secondary Education
12 shall appoint a public charter authorizing panel the members of the charter
13 authorizing panel that may consist of individuals from outside the division
14 as well as professional staff employed at the division to serve at the
15 pleasure of the commissioner.
16 (B) The commissioner may elect to serve as a member on the
17 public charter authorizing panel as the chair Members of the charter
18 authorizing panel may be:
19 (i) Individuals from outside the division;
20 (ii) Professional staff employed by the division; or
21 (iii) The commissioner.
22 (3) The public charter authorizing panel charter authorizing
23 panel shall be composed of an odd number of members and shall consist of no
24 less than five (5) members and no more than eleven (11) members:
25 (A) Seven (7) members; and
26 (D) A simple majority of members from outside the
27 Department of Education.
28 (c) The Upon approval of the division, the charter authorizing panel:
29 (1) Shall review applications to establish, renew, modify,
30 revoke, transfer, or assign a new or existing public charter and make a
31 recommendation to the State Board of Education for a final decision; and may
32 (2) May recommend to the State Board of Education that it waive
33 provisions of this title or State Board of Education and state board rules as
34 allowed by law for public charters.
35
36 SECTION 26. Arkansas Code � 6-23-701(e), concerning the primary
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1 authorizer of public charters, is amended to read as follows:
2 (e) The division shall be the primary authorizer of public charters
3 except as provided under � 6-23-703 state board may promulgate rules as
4 necessary to administer this subchapter.
5
6 SECTION 27. Arkansas Code � 6-23-703 is amended to read as follows:
7 6-23-703. State Board of Education optional review.
8 (a) The Division of Elementary and Secondary Education shall notify in
9 writing the State Board of Education of all recommendations made by the
10 charter authorizing panel before the next regularly scheduled state board
11 meeting after a recommendation is made by the charter authorizing panel.
12 (b)(1) At its next meeting following notification by the division
13 under subsection (a) of this section, the state board shall vote to accept or
14 reject each recommendation made by the charter authorizing panel.
15 (2) If the state board votes to reject a recommendation made by
16 the charter authorizing panel, the state board shall:
17 (A) Provide the specific reasons for its rejection and any
18 additional information used as the basis for its rejection; and
19 (B)(i) Conduct a hearing at the earlier date of the next
20 regularly scheduled state board meeting or a special state board meeting.
21 (ii) At the conclusion of a hearing under
22 subdivision (b)(2)(B)(i) of this section, the state board shall issue a final
23 decision regarding a public charter school or an application to become a
24 public charter school under this subchapter.
25 (c) A public charter school or an applicant to become a public charter
26 school may appeal a recommendation of the charter authorizing panel to the
27 state board by filing a written notice of appeal with the Secretary of the
28 Department of Education within fifteen (15) calendar days of the charter
29 authorizing panel's recommendation.
30 (2) Conduct a full hearing regarding a final decision by the
31 division under � 6-23-701(a); and
32 (3) Hold the hearing at the earlier of:
33 (A) The next regularly scheduled state board meeting
34 following the state board meeting during which the state board voted to
35 authorize a review; or
36 (B) A special board meeting called by the state board.
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1 (c)(1) At the conclusion of the hearing, the state board may issue a
2 final decision by state board vote.
3 (2) The state board may decide by majority vote of the quorum
4 to:
5 (A) Affirm the decision of the division;
6 (B) Take other lawful action on the public charter; or
7 (C)(i) Request additional information from the division,
8 public charter school, public charter school applicant, or affected school
9 district, if needed.
10 (ii) If the state board requests additional
11 information under subdivision (c)(2)(C)(i) of this section, the state board
12 shall hold a subsequent hearing at the earlier of:
13 (a) The next regularly scheduled state board
14 meeting; or
15 (b) A special board meeting called by the
16 state board.
17 (3) A decision made by the state board is final with no right of
18 appeal.
19 (d) The state board may promulgate rules as necessary to implement
20 this section.
21 (a) A public charter school or an applicant to become a public charter
22 school may appeal any adverse ruling from the authorizer to the State Board
23 of Education.
24 (b)(1) If a public charter school or an applicant to become a public
25 charter school chooses to appeal an adverse ruling from the authorizer under
26 subsection (a) of this section, the public charter school or the applicant to
27 become a public charter school shall file a written notice of appeal with the
28 state board within fifteen (15) calendar days of the authorizer's adverse
29 ruling.
30 (2) A written notice of appeal filed with the state board under
31 subdivision (b)(1) of this section shall state the specific reasons
32 supporting a review by the state board.
33 (c)(1) Upon receipt of a notice of appeal under subdivision (b)(1) of
34 this section, the state board shall, upon a motion approved by a majority
35 vote, determine whether to hear or decline to hear an appeal.
36 (2) If the state board decides to hear an appeal, the hearing
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1 shall be conducted at the earlier of:
2 (A) The next regularly scheduled state board meeting; or
3 (B) A special meeting called by the state board for the
4 purpose of hearing the appeal.
5 (d) A decision by the state board under this section is final with no
6 further right to appeal.
7 (e) The state board may promulgate rules as necessary to implement
8 this section.
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28 04-07-2025 10:31:54 TNL093Every fact on this page links to its source, starting with the official bill record.