2015 legislative review

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Arkansas Association of Educational Administrators Arkansas School Boards Association Joint Conference 2015 Legislative Session Highlights DoubleTree Hotel May 12, 2015 Dr. Richard Abernathy, AAEA Dr. Tony Prothro, ASBA

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Page 1: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

Joint Conference 2015 Legislative Session Highlights DoubleTree Hotel May 12, 2015

Dr. Richard Abernathy, AAEA Dr. Tony Prothro, ASBA

Page 2: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

FINANCE/FACILITIES ABERNATHY

Page 3: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 6 – Senator Dismang Act 22

Middle Class Tax Cut Income tax tables Less than $21,000 $21,000 to $75,000 > $75,000 Reduced Capital Gains Tax Total Tax Cut: $100,000,000

Page 4: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1663 – Rep. Cozart Act 1248

Establishes public school funding amounts for biennium – $6,584 in 2015-16 (increase of $63) – $6,646 in 2016-17 (increase of $62)

ALE – $4,471 in 2015-16 (increase of $88) – $4,560 in 2016-17 (increase of $89)

ELL – $324 in 2015-16 (increase of $7) – $331 in 2016-17 (increase of $7)

Page 5: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

Act 1248 – Continued

90% + NSLA – $1562 in 2015-16 ($13 increase) – $1576 in 2016-17 ($14 increase)

70-90% NSLA – $1042 in 2015-16 ($9 increase) – $1051 in 2016-17 ($9 increase)

Below 70% NSLA – $522 in 2015-16 ($5 increase) – $526 in 2016-17 ($4 increase)

Page 6: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

Act 1248 – Continued

PD Funding - no increase – $32.40 per student for 2015-16 and 2016-17

No increase in transportation funding even though the Adequacy Committee recommended “enhanced transportation funding” that would have sent additional funds to 100 of the 236 school districts

Act 1248 states “additional study is needed” and a recommendation will be made 2016 fiscal session

Page 7: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1623 – Rep. Cozart Act 1087

Amends minimum teacher salary schedule Raises minimum BA with 0 years experience

from current $29,244 to $30,122 in 2016 and $31,000 in 2017

Raises minimum MA with 0 years experience from current $33,630 to $34,640 in 2016 and $35,650 in 2017

Retains $450 step increments on BA schedule and $500 steps on MA schedule through 15 years experience

Page 8: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1014 – Rep. Gillam Act 23

Exempts select entities with tort immunity from requirement to purchase liability insurance for child care

Removes requirement that public schools purchase liability insurance for pre-school programs

Page 9: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1086 – Rep. Branscum Act 27

Isolated Funding Change Changed the density ratio used in

qualifying for isolated funding from 1.4 to 1.5 students or fewer per square mile

No districts are negatively affected by this change

Page 10: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1913 – Rep. C. Douglas Act 962

School Facilities Requires the Facilities Commission to

annual determine high-growth districts and report to the Joint Committee on Education

Provides for review conferences within 60 days before the application deadline to consider proposed funding projects

Page 11: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1321 – Rep. Jean Act 332

School Recognition Program Appropriation ($10M) for the Arkansas

School Recognition Program Schools will now receive $ for both

achievement and growth

Page 12: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 631 – Senator Hester Act 1048

Contractor License Increases from $20,000 to $50,000 the

threshold cost of construction projects that require a contractor’s license

Page 13: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1346 – Rep. D. Douglas Withdrawn by sponsor

2015 version of “highway robbery” bill Transfers escalating percentage of general

sales tax revenue from automobile related matters and items to highways

Transfers escalating percentage of severance tax on natural gas to higher education

Builds up to $548M annually by year ten

Page 14: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1856 – Rep. Murdock Sponsor did not run bill

Drew on support from Picus and Odden studies Removes transportation funding by ADM

method from foundation funding Creates categorical transportation funding Program based on historical route miles Phased in over 4 years Possible reduction in funding of up to 25% each

year of phase in period

Page 15: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1860 – Rep. Murdock Sponsor did not run bill

Combines foundation funding for biennium with removal of transportation from the formula (language from HB 1856)

Establishes categorical funding for biennium

Creates district overall “winners” and “losers” due to restructure of transportation funding method

Page 16: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1958 – Rep. Armstrong Failed in House Committee

Skims 2% off top of each district’s NSL funds to fund the Positive Youth Development Grant Program

Although a good program, it would reduce NSL funds to districts

Had support of some due to emphasis on collaboration with other entities for afterschool and summer programs

Page 17: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 851 – Senator Elliot Withdrawn – Interim Study

Establishes two categories of spending for NSL funds

Requires set percentage of NSL funds to be spent in each category

Priority given to research based programs such as after school and summer programs

Will likely see this bill or a version of it again

Page 18: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HJR 1013 – Rep. Bell Died

Filed early in session as shell Establishes public school funding as

percentage of state expenditures Never amended

Page 19: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

VOUCHER/TAX CREDIT/ SCHOLARSHIP PROTHRO

Page 20: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1552 – Rep. House Act 1178

Designed for students with “severe” disability Modeled after program in Oklahoma Pays up to foundation funding amount annually to

private school approved by ADE Curriculum normally more skills based than

academic Funded separately from Public School Funds Accountability only to parent No approval or involvement from IEP team Parent waives all involvement from state or district Begins 2016-17 school year

Page 21: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1593 – Rep. Ballinger Sponsor did not run bill

Modifies School Choice section of code to include private schools

Routed 65% of foundation and PD funds to private school through resident public school

No accountability $0 Fiscal Impact to state

Page 22: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1745 – Rep. Sorvillo Withdrawn – Interim Study

Tax credit of up to $4,400 toward tuition to a certified “school tuition organization”

Originally only applied if child had Dyslexia but amended to include wider range of disabilities

– Hearing impairment; – Visual impairment; – Developmental delay; – Preschool severe delay; or – Speech or language impairment

Originally not limited in state total amount but amended to limit state total to $440,000 on first come first served basis

Page 23: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

CHARTER SCHOOL LEGISLATION PROTHRO

Page 24: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 789 – Senator Hendren Act 739

Establishes program to fund public charter schools facilities

Does not require an application demonstrating facility needs

Distribution based on prior year 3-quarter average ADM of school

Funds could be used only for lease, purchase, renovation, repair, construction, installation, restoration, alteration, modification or maintenance and operation

Page 25: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 643 – Senator Hendren Act 735

Appropriates $15M to the Open Enrollment Public Charter School Facilities Funding Aid Program for 2015-16 (to fund Act 739)

Requires immediate transfer of $5M from Public Charter School Facilities Loan Fund to the Funding Aid Program

$15M is unfunded $5M will be transferred July 1, 2015

Page 26: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 154 – D. Johnson Act 1200

Adult Ed Charters Allows the establishment by certain entities

of adult education charter schools Entity has to offer both a high school

diploma program and industry certification program

For ages 19 and over “Goodwill” School

Page 27: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1733 – Rep. Cozart Sponsor did not run bill

Establishes the “Achievement School District” Modeled legislation similar to Louisiana and

Tennessee Applies to a school or school district in

academic distress Authorizes Commissioner of Education to

directly operate or contract with one or more not-for-profit entities to operate the school or school district

Page 28: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1733 (Continued)

Allows for exemption from Teacher Fair Dismissal, Public Employee Fair Hearing Act, and many rules and regulations

Public school district could be required to provide any or all support services

School facilities could be utilized for $1 by not-for-profit entity with public school district still responsible for bonded debt and extensive repairs

Commissioner, with approval of state charter authorizer, could turn school over to not-for-profit as an open enrollment public charter school

Page 29: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 847 – Senator Clark Failed House Committee

Allows Director of Public School Facilities and Transportation Division to lease underutilized or unused facilities to public charter schools

Lease could be for up to 20 years as decided by Division Division set lease amount at “fair market value of a nominal

amount” Local district could only “reclaim” facility for one 2-year

period Allows the lease of a portion of available space Public school district remains responsible for debt Sale or disposal of available facility not allowed for 2 years

Page 30: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SCHOOL ELECTIONS/ EXECUTIVE SESSION PROTHRO

Page 31: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 968 – Senator English Act 1281

Shell bill amended late in session Allows September (current) or November

(general election date) school election Decision made by local board (per sponsor

testimony) Very simple language change that leaves

other issues unclear if November election is chosen

Page 32: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1610 – Rep. Bell Act 1244

Allows opening no polling places for the school election if there is only one candidate for board of directors and the tax rate is not changed or restructured

Must follow A.C.A. 7-11-107(c) which allows the county Board of Election Commissioners to: – Declare an election by candidate to be held on the

election date – Open no polling places – No early voting or absentee voting – The candidate casts a ballot for himself or herself at a

designated time and location on the special election day

Page 33: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1422 – Rep. Bell Failed in House Committee

Amended several times Moves school election to May preferential

primary or November general election Allows separate tax election for

“emergencies” Moves several other special elections to

preferential primary or general election Establishes method of payment for school

election

Page 34: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1743 – Rep. Sorvillo Failed in House Committee

Changes school board election to November

Left separate tax election as is currently Provides for re-organization of board

officers after January 1 each year

Page 35: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1054 – Rep. Bell Interim Study

Original bill required prosecuting attorney to review all recordings of board executive sessions for possible violation of FOI

Amended to require release of the executive session recording to proper law enforcement authorities upon request in connection with the investigation of the legality of an executive session

Allowed district legal council to be present in executive session upon request only to assist with advice regarding proper executive session procedure and allowable topics

Requires board designee to be guardian of the recording for 1 year

Provides for affirmative defense

Page 36: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1984 – Rep. Bell Withdrawn

Establishes “knowingly” violating board executive session laws as a Class A misdemeanor

Negligent violation remains a Class C misdemeanor

Loss of office for board member if convicted of Class A violation

Immediate loss of job for board member if employee of the state and ineligible for hire by state if convicted of the Class A violation

Passed House but withdrawn from Senate Judiciary consideration by sponsor

Page 37: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

CURRICULUM/INSTRUCTION ABERNATHY

Page 38: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1044 – Rep. Hendren Act 160

Requires cursive writing to be taught in all elementary schools by the end of grade 3

Begins 2015-16 school year State department to develop rules

Page 39: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1183 – Rep. Gossage Act 187

Requires every school district to offer at least one computer science course in high school beginning in 2015-16

Traditional or online setting Virtual Arkansas will provide an online course to

meet this requirement Establishes the Computer Science and Technology

in Public Schools Task Force that will recommend standards, frameworks and best practices

Must “offer” not “teach”

Page 40: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 891 – Senator English Act 1131

Workforce Training Creates a three-phase process by which the ADHE

implements continuation grants designed to align workforce training programs with employer needs

Establishes $100,000 planning grants (K-12 eligible) RFPs should include an education and employer

alignment plan that includes state-approved, employer-driven career pathways that are supported by a secondary center than awards concurrent credit course that can be applied to technical certificates or degrees

Page 41: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1685 – C. Douglas Act 952

Violence Awareness Creates a mandatory curriculum unit in

grade 7-12 health courses that focuses on dating violence awareness

In October or February, as part of a current health course curriculum

ADE will provide a list of curriculum materials

Page 42: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 5 – Senator Hickey Act 1105

Academic Challenge Scholarship Modifies eligibility requirements for the Academic

Challenge Scholarship – Deleted the Smart Core Curriculum requirement and

2.5 GPA option – 19 on the ACT or proficient or higher on all state-

mandated end-of-course assessments – Starting 2016-17 for 4-year institutions: $1000 for

freshmen, $4000 for sophomores and juniors, and $5000 for seniors (full-time students)

– 2-year institutions: $1000 first year, $3000 second

Page 43: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1527 – Rep. Gossage Act 1079

Physical Education Reduces the P.E. requirement from 60

minutes per week to a “minimum of 40 minutes per week”

Page 44: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 788 – Senator Elliot Act 1268

Dyslexia Amends various sections of the current

law – Gives examples of employees that could be

dyslexia interventionists – Further defines “dyslexia specialist” and

allows ADE to define “dyslexia therapist” – Makes several other clarifying changes in

code

Page 45: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 212 – Senator Elliot Act 1260

Alternate Diploma Implements a statewide Re-engagement System and

Differentiated Pathway to a HS Diploma for underachieving students

Eligible student: 16 or older and has less than 50% of graduation credits for the appropriate grade level

School districts, institutions of higher ed, and community-based organizations can apply

Student enrolled in these programs are still consider enrolled in the public school they attended

Page 46: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

ASSESSMENT ABERNATHY

Page 47: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1241 – Rep. Lowery Act 1074

Bill amended 6 times Prohibits the state from participating as a governing

state in PARCC Prohibits state from contracting with any company

for more than one year for state assessments Requires state board to consider recommendations

of Governor’s Council on Common Core Review before contracting for statewide assessments for 2016-17

Prevents state from releasing any individually identifiable student data to federal education agencies, entities or partners

Page 48: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 813 – B. Johnson Act 1217

Student Testing Deletes the requirement the State Board of

Education mandated testing of academic performance of students be based on augmented, criterion-referenced, or norm-referenced assessment

Replaces with “state-mandated assessment”

Page 49: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 226 – Irvin Act 989

Aspire Allows schools to administer the ASPIRE

Assessment System as an alternative to the EXPLORE, PLAN, or PSAT

Page 50: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 812 – B. Johnson Act 1216

Student Assessment Deletes the requirement schools must

use the EXPLORE, PLAN, or PSAT in student assessment, specifying instead they use a college and career readiness assessment approved by the State Board of Education

Page 51: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SCHOOL OPERATIONS PROTHRO

Page 52: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1377 – Rep. Murdock Act 1240

Allows a traditional public school district to be granted the same waivers as those granted to an open enrollment charter school that draws students from the district

Amended 5 times but returned to original version Public school district must petition ADE for waivers

wanted ADE may grant or deny all or part of the requested

waivers Waivers granted to public school district will be valid

for duration they are valid for the open enrollment public charter school

Page 53: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1263 – Rep. Cozart Act 377

“350 Bill” Provides for a waiver from administrative

consolidation or reorganization under certain circumstances when ADM falls below 350

Must be requested annually District cannot be in Probationary Status for

violation of Standards for Accreditation District cannot be in fiscal, academic or facility

distress

Page 54: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1395 – Rep. Gossage Act 833 Clarifies student privileges in regard to self-administering

diabetes monitoring and treatment Expands current law to allow volunteer school personnel to be

a care provider to administer insulin to a student with diabetes in certain situations

Parent must give written consent Consent to be incorporated in the student’s health plan Volunteer to be trained by a registered nurse employed by the

district Volunteer staffing ratios are recommended Prohibits school personnel from pressuring parents of students

with diabetes to provide diabetes treatment at school

Page 55: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1163 – Rep. Bell Act 102

Political Freedom Allows public employees to exercise the

right to communicate with an elected official or exercise a right or privilege under the Freedom of Information Act (FOIA) without the fear of disciplinary action

Page 56: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 30 – Senator B. Johnson Act 44

Reduced PD Requirements Reduced basic contract requirement for

PD from 10 days to no less than 6 days District chooses how the remaining 4

days are to be used A standard teacher contract remains at

190 days

Page 57: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1370 – Rep. Cozart Act 345

Tier I Training Reduces annual Tier 1 & 2 training from 4 hours to a

minimum of 2 hours Additional training above 2 hours may be required by

the ADE based on repetitive or flagrant audit findings or the identification of multiple indicators of fiscal distress

12 hours for new superintendents and business managers did not change

2 hours will be added to summer CASBO classes and new superintendent mentoring program

Page 58: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1597 – Rep. C. Douglas Act 1180

Requires leave transferred into a school district by an employee to be depleted before leave granted by current district is used

Requires current district to pay employee for leave transferred into the district if the current district policy provides for payment of sick leave upon retirement

Page 59: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1653 – Rep. Baltz Act 950

2015 School Safety Act Requires a “panic button” alert system in each school

if funding is available Implementation date is September 1, 2015 Utilizes eSmart911 system Available as a smart phone app Modifies requirements of Safe Schools Initiative Act

– School district safety plan that requires training on emergency plans and use of the panic button alert system

– Submission of floor plans of each campus to be used with the system

– Submission of all pertinent emergency contact information

Page 60: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 179 – Senator Clark Act 560

School Choice Bill Extends indefinitely much of the previous school choice

law Requires desegregation districts to submit certain

information to ADE Establishes capacity at 90% of maximum allowed in

program, grade, class, building, etc. where district previously set own capacity

Requires non-resident district to notify the resident district that a student has filed an application

Moves application deadline from June 1 to May 1

Page 61: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

Act 560 – Continued

Requires date and time stamp on applications Requires non-resident district to contact parent of

approval or denial of application no later than July 1 3% loss cap now calculated on October 15 enrollment Opportunity Choice, academic distress or facilities

distress student transfers don’t count in 3% cap Siblings all still count as one student total

Page 62: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 180 – Senator Williams Act 143

Provides schools flexibility to declare emergency inclement weather days

Superintendent may delay start time up to 10:00 a.m. or dismiss after 1:00 p.m. due to inclement weather and count it as a full school day

Can use this flexibility up to 5 days per year

Page 63: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1313 – Rep. C. Douglas Act 286

Make up days of 60 minute increments If superintendent cancels school due to

emergency circumstances including inclement weather, then days can be made up by adding time to the beginning or ending of the regular school day for a minimum of 60 minutes.

Has an emergency clause, went into effect 2/27/15

Page 64: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 366 – Senator Clark Act 993

Provides additional compensation to teachers that exceed the maximum number of 150 students per day

Only applies to grades 7-12 Agreement is voluntary for both teacher and district Teacher receives no additional compensation unless

prior signed agreement between teacher and district Teacher Fair Dismissal does not apply to the

agreement Does not allow class size to be exceeded Agreement is for a semester

Page 65: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 681 – Senator Clark Act 525

Provides for the Commissioner of Education OR the Deputy Commissioner to meet statutory qualification requirements

Replaced earlier bill also introduced by Senator Clark

Both bills designed to allow Johnny Key to hold Commissioner position

Page 66: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SCHOOL OPERATIONS ABERNATHY

Page 67: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 325 – Senator Clark Act 853

Standards A course shall be considered to be taught

if the district made the class available but no one signed up for it

Page 68: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1652 – Rep. Ratliff Act 1091

Teacher Evaluation Allows a teacher in a virtual environment to be

observed by appropriate technology References to “professional learning plan” are changed

to “professional growth plan” into the law – PGP is a familiar term

Repeals the use of external assessments in teacher evaluations

Replaces the old language with the method for assigning an annual overall rating that includes student growth as determined by the ADE

Page 69: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

Act 1091 – Continued

Requires administrators to assure to the ADE that evaluators are trained and have passed the credentialing exam required under TESS – Statement of Assurance – All evaluators who conduct summative evaluations

must be credentialed – ADE will provide accounts to new administrators – Higher Ed Prep programs are planning to embed

this training and assessment into leadership programs for future candidates

Page 70: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

Act 1091 – Continued

Amends the number of years for summative evaluations from 3 to 4 – At least once every 4 years – May conduct a summative eval. more often – Reduces the obligation for informal

observations during a summative evaluation year and makes them permissive - informal observations now optional for teachers in a summative track

Page 71: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1650 – Rep. Ratliff Act 1089

Background Checks Requires “preservice” teachers to apply for a statewide

and nationwide criminal records check and a Child Maltreatment Central Registry check

The school board shall require as a condition for supervised clinical practice that a “preservice” teacher seeking to conduct his or her supervised clinical practice shall authorize the release to the ADE the results of the criminal records background check and Child Maltreatment Central Registry check required by law

Page 72: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 858 – Senator Cheatham Act 1272

Alternative Learning Environment Authorizes the SBE to adopt rules that

exempt certain schools from the classification of academic distress, including ALE schools

“A public school that is designated solely as an alternative learning environment”

Page 73: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1543 – Rep. Neal Act 946

Union Membership Prohibits a labor organization or an

employer school district to restrict the time period in which a public school employee may join or terminate membership in a labor union or professional employee association

Page 74: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1495 – Rep. D. Douglas Act 941

District Board of Directors may elect to allow advertising on school buses

Revenue must be used for transportation purposes only

Advertising must conform to rules adopted by Commission for Public School Academic Facilities and Transportation

Page 75: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1945 – Rep. Hammer Act 1103

Amends Arkansas Code regarding reporting of waste of funds and fraud in government

Prohibits adverse action for reporting against a public employee by a public employer

Exempts from FOI the documents used in investigation of waste or violation until final report is issued

Requires public employer to post a printed sign with information regarding waste and fraud

Page 76: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1945 (Continued)

Requires criminal background checks for public employees controlling public funds

Requires public employee with supervisory fiduciary responsibility over all fiscal matters of public employer to report loss of public funds within 5 days to Legislative Audit

Loss includes apparent unauthorized disbursements, theft or misappropriation of public funds or property

Establishes purposely failing to report as a Class A misdemeanor

Page 77: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1505 – Rep. M. Gray Act 1078

Allows licensed concealed carry holders to have handgun in vehicle or leave handgun in locked unattended vehicle on public school parking lots

Allows licensed concealed carry holders to have handgun at “designated drop off zone” at public schools

Page 78: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1596 – Rep. C. Douglas Failed in Senate Committee

Requires each district to provide no less than 5 and up to 10 “legislative days” between all teachers per year

Teacher to submit request to PPC PPC to submit choices to principal Amended to allow principal to approve or

deny PPC recommendations

Page 79: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

Nurse Bills – Rep. J. Mayberry

HB 1442 – Act 93 – Expands number of members of advisory committee

from 19 to 24 – Requires school districts to annually report specific

health care information to ADE HB 1443 – Act 936

– Insures new school construction projects or major renovations include appropriate nursing station facilities and equipment

Page 80: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

Nurse Bills – Continued

HB 1444 – Failed – Requires annual school nurse evaluation – Allows use of NSL funds to meet or exceed nurse

ratio standards – Requires newly hired school nurse supervisor to

have a BSN by 2017 – Requires every school in district have a RN by 2017

unless shared campus – Recommends nurse to student ratios based on levels

Page 81: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

BOARD GOVERNANCE PROTHRO

Page 82: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1358 – Rep. Ratliff/Sen. Pierce Act 379

Clarifies issues with board of director’s oath

Establishes penalties for failure to take the oath as specified (loss of elected office)

Clarifies responsibilities of school board director and the county clerk in regard to notifications about the oath of office

Page 83: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1408 – Rep. Cozart/Sen. B. Johnson Act 835

Allows personnel policies to be adopted by the board quicker and without employee approval

Only for policy changes caused by change in state or federal regulation, state legislative action or federal law

Must be adopted by the later of June 30 or within 90 days of the event that caused the need for the policy

Page 84: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1419 – Rep. McNair/Sen. Pierce Act 836

Provides for school boards to adopt a policy allowing members to vote by remote method under certain circumstances

Requires a quorum to be physically present to go into executive session

Board member cannot be present in executive session by remote method

Remote attending board member cannot vote on any item that was discussed in executive session

Board can only use remote voting to establish a quorum 3 times per year

Page 85: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1611 – Rep. Ratliff/Sen. Pierce Act 843

Adds removal for missing six or more regular meetings in a calendar year except under certain circumstances

Establishes removed board member hearing process

Clarifies conditions creating board member vacancies

Cleans-up code sections related to board vacancies

Page 86: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 623 – Sen. Pierce/Rep. Ratliff Act 568

Allows training on reading and interpreting a legislative audit to be conducted by ADE, higher education institutions and ASBA

Training must be done under consultation with or supervision of someone qualified by statute to conduct an audit training

Page 87: 2015 Legislative Review

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HB 1050 – Rep. Hendren Withdrawn

Sets all school board member terms at 3 years

Page 88: 2015 Legislative Review

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EXTRACURRICULAR ABERNATHY

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SB 331 – Senator Hendren Act 562

Allows AAA member school to play a home school team

Both must agree to participate Establishes requirements in order for home school

teams to participate Does not allow home school teams to participate in

AAA sanctioned conference or tournament events Only applies to basketball, baseball, softball, soccer

and volleyball

Page 90: 2015 Legislative Review

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SB 634 – Senator Sanders Act 788

Defines registered volunteer Intent is that “volunteer” and “registered

volunteer” be synonymous terms Prohibits school board members or their spouse

from being a registered volunteer in the district where they serve

Registered volunteer cannot receive payment Registered volunteer may serve as head coach in

all varsity junior and senior high sports administered by AAA except football, basketball or track and field

Page 91: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 894 – Senator Files Act 863

Written by sponsor for Trinity Private School but applies to all private schools

Allows students in AAA member private school to participate on athletic team the spring semester at resident public school they plan to attend the next school year if: – The private school they attend does not have

grades 10-12 and – The private school they attend does not offer

that athletic program

Page 92: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 894 (Continued)

Creates a one year ineligibility for the student from AAA sanctioned activities if the student does not then attend the public school the following

Ineligibility does not apply to students whose parent or guardian makes a bona fide change of domicile in accordance with AAA guidelines

Page 93: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 958 – Senator Files Died

“Manpower Sports” bill Prohibits school district from participation

in organization that governs extracurricular activities if different method is used to classify public and private schools

Allows voluntary movement up one level Sponsor presented the bill in committee but

pulled it down and did not run it again

Page 94: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 870 – Sen. Hendren Sponsor did not run bill

Basically prohibits districts from joining any organization unless the board is made up of: – 3 members appointed by the Governor, – 2 members appointed by the President Pro Tempore

of the Senate and – 2 members appointed by the Speaker of the House

of Representatives Although directed at AAA, the wording could

have included other organizations as well

Page 95: 2015 Legislative Review

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ATRS LEGISLATION ABERNATHY

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SB 38 – Senator B. Johnson Act 87

ATRS Rollover Maintain compliance with federal law

and continues current ATRS practice since federal requirement in 2010

Allows non-spouse to be eligible for rollover of benefits above $500

Page 97: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 75 – Senator Lindsey Act 90

Private School Service ATRS will determine eligible private

school service Previously had been ADE ATRS already certifies all other types of

service and this will bring uniformity to the process

Page 98: 2015 Legislative Review

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SB 48 – Senator Sample Act 219

ATRS Disability Allows members to retire on ATRS disability as

they currently do, but add requirements for continued eligibility after 3 years and still under 60

Will be required to obtain Social Security Disability status within 3 years of being approved for ATRS disability

Change allows more meaningful oversight after ATRS disability approved

Page 99: 2015 Legislative Review

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SB 137 – Senator Rapert Act 225

Lump Sum Payout Repeals the law that allows a reserve payout of

less than $20 per month Most members and ATRS now prefer to pay the

member a lifetime benefit, even on smaller annuity amounts since usually the smaller annuity amounts are associated with the member also receiving a lifetime benefit from another retirement system, such as APERS at the same time

Page 100: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 50 – Senator Cheatham Act 301

Technical Corrections Makes minor changes in the wording of

existing laws to clarify language and intent of law affecting ATRS

Page 101: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

HB 1078 – Rep. Deffenbaugh Act 375 Beneficiary Changes Allow members who retire with an Option C

benefit (guaranteed 120 monthly benefit payments even if member dies) to change beneficiaries after retirement if the beneficiary is a spouse and the marriage ends in divorce or other marriage dissolution

Current law would not allow beneficiary changes even after divorce

ATRS Board is responsible for members and not spouses

Page 102: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 171 – Sample Act 558

Military Service This law clarifies ATRS military service

credit, both free service granted during periods of a draft, and purchased military service credit

This law does not change any procedures or policies as to how military service is currently credited

Page 103: 2015 Legislative Review

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MISCELLANEOUS PROTHRO

Page 104: 2015 Legislative Review

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HB 1381 – Rep. Bell Act 832

Home School Testing Repeals the provision of the law

requiring standardized assessment testing of home-school students

Page 105: 2015 Legislative Review

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SB 394 – Senator Chesterfield Act 1108

Epinephrine Allows authorized entities to use auto-

injectable epinephrine from a single-use device for emergency treatment

Expands public access to auto-injectable epinephrine

Expands immunity to include an “authorized entity” that provides prescribed auto-injectable epinephrine

Page 106: 2015 Legislative Review

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HB 1713 – Rep. Eubanks Act 846

ADE Clean-up Makes technical changes, deletes obsolete

provisions and makes various changes to Arkansas code relating to public schools

Changes the resolution requirement on contracting with board members of family of board members from $5,000 to now $10,000

“Clean-up” bill

Page 107: 2015 Legislative Review

Arkansas Association of Educational Administrators Arkansas School Boards Association

SB 371 – Senator English Act 994

Partnerships Expands public school partnering with

higher ed institutions Allows NSLA funds to be spent on

providing concurrent courses or technical education options to students in alternative learning environments

Students in grades 8-12

Page 108: 2015 Legislative Review

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SB 163 – Senator Sanders Act 226

Revises ethics laws Includes school district board in definition of

“governmental body” Includes school board member, both elected and

appointed, in definition of “elected official” Also requires individuals that expend more than

$500 on their own behalf, not including contributions, expressly advocating the qualification, disqualification, passage, or defeat of a local-option ballot question to file a financial report with the ethics commission

Page 109: 2015 Legislative Review

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Questions?

Dr. Richard Abernathy AAEA Executive Director [email protected] 501-372-1691

Dr. Tony Prothro ASBA Executive Director [email protected] 501-372-1415