Arkansas Administrative Code Agency 005 - Department of Education
The Arkansas Administrative Code, particularly Agency 005, which pertains to the Department of Education, outlines the rules and regulations that govern the operation of educational institutions and services in Arkansas. The Arkansas Department of Education (ADE) has the responsibility to implement and enforce various educational laws, including those related to K-12 public schools, higher education, teacher certification, and funding. Below are several key rules and regulations under Agency 005 that reflect the department’s mandate:
1. Rule 005.03.00 - Standards for Accreditation of Arkansas Public Schools
Summary: This rule establishes the minimum requirements for public schools in Arkansas to be accredited. Accreditation is essential for ensuring that schools meet educational standards and provide quality education to students. Schools that are not accredited may lose eligibility for state funding.
Key Points:
The rule defines various components, such as curriculum requirements, teacher certification, student-teacher ratios, and facilities standards, that schools must meet to maintain accreditation.
Schools are subject to periodic reviews by the ADE to assess compliance with these standards.
Accreditation impacts the reputation of a school and the ability of its students to meet state graduation requirements.
2. Rule 005.04.00 - Teacher Licensure Requirements
Summary: This rule outlines the qualifications, certification, and licensure procedures for teachers in Arkansas. To teach in public schools, teachers must meet specific educational standards and obtain a teaching license from the ADE.
Key Points:
Teachers must possess a bachelor's degree from an accredited institution, complete an approved teacher preparation program, and pass specific state examinations.
The rule also addresses licensure renewals, continuing education, and the process for out-of-state teachers to obtain Arkansas certification.
There are different types of teaching licenses, such as provisional and standard, and the rule details the requirements for each, including years of experience and professional development.
Special licensure requirements exist for teachers of special education, bilingual education, and other specialty areas.
3. Rule 005.05.00 - Student Discipline and Behavior
Summary: This rule provides guidelines on how schools in Arkansas should handle student discipline, including processes for suspension, expulsion, and addressing behaviors that disrupt the learning environment.
Key Points:
It outlines the rights of students, including due process during disciplinary actions, and specifies the types of behaviors that can result in suspension or expulsion, such as violence, drug use, and bullying.
The rule also emphasizes the role of school personnel in creating positive behavior support systems and addressing issues like truancy and classroom disruptions.
A key component of this rule is the requirement for schools to provide a safe environment conducive to learning for all students. Schools are encouraged to implement restorative justice practices and other non-punitive interventions before resorting to expulsion or suspension.
4. Rule 005.06.00 - Special Education Services
Summary: This rule addresses the provisions of special education services in Arkansas, including how schools are to identify, assess, and provide services to students with disabilities. It is closely aligned with the federal Individuals with Disabilities Education Act (IDEA).
Key Points:
It ensures that students with disabilities are provided with Free Appropriate Public Education (FAPE), tailored to their specific needs through an Individualized Education Program (IEP).
Schools must meet accessibility standards and provide appropriate accommodations to support students with disabilities in general education settings.
The rule also covers procedures for referrals, evaluations, and the development of IEPs, as well as the process for dispute resolution between parents and schools.
Adequate funding is required to support special education programs, and schools must demonstrate compliance with both federal and state mandates for serving students with disabilities.
5. Rule 005.07.00 - Standards for School Facilities
Summary: This rule specifies the physical standards that school buildings in Arkansas must meet to ensure the health, safety, and welfare of students and staff. The rule includes guidelines on space requirements, safety features, and accessibility for students with disabilities.
Key Points:
The rule includes minimum square footage requirements for classrooms, gymnasiums, cafeterias, and other facilities based on the student population.
Schools are required to maintain adequate heating, ventilation, and air conditioning (HVAC) systems, as well as functional plumbing and electrical systems.
Special provisions exist for the accommodation of students with disabilities, including wheelchair-accessible entrances, restrooms, and other essential facilities.
The rule mandates routine inspections of school buildings to ensure they comply with state health and safety standards. It also addresses emergency preparedness and the need for schools to have disaster plans in place.
6. Rule 005.08.00 - Accountability and Assessment
Summary: This rule governs the student assessment and accountability systems used to evaluate the performance of students, teachers, and schools in Arkansas. It is a key part of the state’s efforts to ensure educational standards are met.
Key Points:
The rule mandates the use of standardized tests, including the ACT Aspire or other state-mandated assessments, to evaluate student progress in subjects like reading, mathematics, and science.
Schools are required to report student performance data, which is used to determine school performance ratings and inform decisions on funding and school interventions.
The rule also outlines how schools must use assessment data to improve instruction and provide targeted support for struggling students.
Schools are held accountable for meeting state performance standards, and failure to meet expectations can lead to corrective actions, including restructuring or state intervention.
7. Rule 005.09.00 - School Funding and Financial Reporting
Summary: This rule outlines how schools in Arkansas receive state funding and how they are required to manage their finances. The rule also sets the standards for financial reporting and transparency.
Key Points:
The rule establishes the Foundation Funding Program, which allocates state funds to school districts based on factors like student enrollment and specific needs (e.g., special education, English language learners).
Schools must submit annual financial reports to the ADE, which are reviewed for compliance with state guidelines on budgeting and spending.
Financial transparency is emphasized, with schools required to make their budgets and expenditures publicly available.
The rule also addresses the allocation of state funds for specific programs, including transportation, facilities maintenance, and technology upgrades.
8. Rule 005.10.00 - Charter Schools and School Choice
Summary: This rule governs the establishment and operation of charter schools in Arkansas, as well as the process for students to participate in the school choice program, which allows families to select a school outside their district.
Key Points:
Charter schools are publicly funded but operate independently of traditional district rules. The rule outlines the process for opening a charter school, including applications, governance, and accountability.
Charter schools must meet certain academic and operational standards, and they are subject to oversight by the ADE to ensure compliance with state regulations.
The rule also addresses the Open Enrollment Act, which provides families with the opportunity to send their children to public schools outside their district of residence, provided space is available.
The rule aims to promote school choice and educational equity by ensuring that charter schools and open enrollment programs provide quality education options to all Arkansas students.
9. Rule 005.11.00 - Professional Development for Educators
Summary: This rule outlines the requirements for professional development for teachers and administrators in Arkansas. It ensures that educators receive ongoing training to enhance their skills and remain up-to-date with educational best practices.
Key Points:
Teachers must participate in a certain number of professional development hours each year to renew their teaching licenses.
The ADE provides guidelines on the types of professional development programs that are eligible for credit, including workshops, conferences, and college coursework.
The rule emphasizes the importance of professional growth to improve classroom instruction and student outcomes. Teachers are encouraged to engage in specialized training related to their subject areas, as well as in topics like cultural competence, classroom management, and special education.
These rules and regulations under Agency 005 - Department of Education cover various aspects of public education in Arkansas, from accreditation and teacher licensure to student discipline and school funding. They ensure that schools operate in a standardized, accountable manner, promoting educational equity and quality throughout the state. Each regulation is designed to address different needs of the education system, while adhering to state and federal laws.

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