ALC-Administrative Rules
Video
Transcript
26 documents
Machine transcript
May contain errors. Verify important quotations against the official video.
About transcript accuracy
- Source
- Whisper
- Model
- ggml-large-v3-turbo.bin RTX5060
- Processing date
- October 6, 2026
Andreas Rhodes
Unverified
0:00
of the Administrative Rules Subcommittee of the Arkansas Legislative Council. Good to see members back after a little bit of a break, and we'll get down to business. Does my co-chair have anything you'd like to share? Co-chair does not. And so with that being said, let's go ahead and get into the business of the day. First of all, we've got the rules filed pursuant to Arkansas Code to be considered pending suspension subcommittee rules due to submission materials after deadline placement on July agenda. So with that, we're going to have the, without objection, we will suspend the rules to consider our first two rules by the Division of Elementary and Secondary Education. Any objection? No objection noted. So with that, the first rules are the rules governing the education and freedom account. Will the Division please come to the table to present your rule, please? And as you take your seats, name and title for the record, please.
and I want to remind everybody in this room if we have more than two mics on at one time somebody's not going to be able to so when you get done talking if you would just turn off your mic and if we see you raise your hand don't turn your mic on until we recognize you because if you turn your mic on it's going to knock somebody else that's just the way it works in here so with that being said gentlemen you all recognize to introduce yourself and present the first rule good
Speaker 3
1:19
morning chair members of the committee my name is Andreas Rhodes I'm the chief legal counsel to the Department of Education.
Speaker 5
1:26
Good morning. Daniel Schultz, Deputy Legal Counsel for
Speaker 8
1:33
the Department. Y'all can proceed, please. Thank you, Chair. The first rule in your agenda are the DESE rules governing the educational freedom program. This rule is
Speaker 9
1:41
being promulgated to fully implement the EFA program for year two and beyond. The most recent updates include year two eligibility criteria, which includes children of veterans, law enforcement officers, and first responders, as well as students enrolled in the accredited schools, and also includes the eligible expenses, which are usually borne
by both private school students and now by homeschooled students participating in the
Speaker 10
2:03
program. This rule had initially been promulgated as an emergency rule, and the department subsequently promulgated a permanent rule to process EFA payments for participants once they had already been approved to participate in the program. Provisions from both the emergency rule and and the payment processing rule have been incorporated into this rule and will be repealing the payment processing rule in the future. This rule has undergone two public comment periods, one beginning in July 22, 2023
which ended in August 28, 2024, I mean 2023, and the second beginning April 27, 2024 to May 28, 2024. The department also held three public comment hearings, two on August 25, 2023 and one on May 22nd, 2024. Additional work groups were held to receive stakeholder input. The department received public comments on this rule and amended the rule accordingly. Some of the more notable changes include new definitions to reflect homeschool options like micro schools
and learning pods, new eligibility criteria for year two and beyond, which were already reflected in the statute, a priority schedule for students that mirrors the rollout eligibility of the program, language to grandfather students with special needs under the Succeed Scholarship Program, accountability criteria, among others. Thank you for your time, and we're available for questions. Members have any questions?
Andreas Rhodes
Unverified
3:30
And for the record, just going to say it once,
nobody has signed up to speak for or against any of these bills, so we'll dispel with saying that every time a rule comes before us. Nobody has signed up
Senator Missy Irvin
Unverified
3:46
to speak for or against the bill. Senator Irvin, did I see your hand? Senator Irvin? Thank you so much. Just on page three of the public comments, there was a public comment, and you made a substantive change to authorize public schools to qualify as an educational service provider under the rule. Could you just kind of explain that a little bit to me and explain that in detail?
Speaker 2
4:12
Sure, and I may have one of our content. folks also come up to the table just to help explain the change. Okay. The law does not exclude public schools from participating in the program. And so, for example, if you do, let's say, have a homeschool student that attends part of the time at a local public school, the resident school district, that public school district will be able to participate in the program and receive payment for that credit that they're taking. Oh, I see. Okay. Right. Additionally, if there are any other services provided, there are educational services,
maybe like tutoring services, they may be able to participate in that way as well. Okay.
Senator Kim Hammer
Unverified
4:53
Okay. Thank you for that. Okay. Any questions from
Andreas Rhodes
Unverified
5:00
any other members? All right. Then, without objections, this rule will be reviewed and approved. My understanding is that 1B, the department has chosen to pull that from the agenda today. Is that correct? That's correct. Yes, sir. Okay. All right.
Then we're going to go on to C. And next on the agenda are the remaining rules of the Department of Education to be considered. And so if y'all would, go ahead, C,
Senator Kim Hammer
Unverified
5:31
1A, please. It's governing the Arkansas Adult diploma program. Y'all can go
Speaker 8
5:37
ahead. Thank you, Chair and members of the committee. The next rule on your agenda is the rule governing
Speaker 9
5:43
the Adult Diploma Program. This rule is being promulgated to implement the Adult Diploma Program created by Act 546 of 2023.
Speaker 10
5:50
The rule establishes a new pathway for adults over the age of 21 to receive a high school diploma if they were unable to complete their studies by the age of 21. Under this program, adults will be able to enroll with approved providers to complete any outstanding credits keeping them from earning their high school diploma, as well as receive workforce credentials tied to high-wage, high-growth professions in the state. Under this rule, the department receives applications from providers who have been providing adult dropout recovery services for two years
that identify the students in that year's cohort participating in the program, their anticipated cost of completion in the program, generally with an average cost per graduate of up to $7,000, and development of individualized learning plans with each student. reimbursements will be issued upon completion of milestones such as completing units of high school credit completing workforce credentials and employability skills and earning a high school diploma the rule had a public comment period beginning april 14th 2024 and ending may 15th
2024 and the department held a public comment hearing april 23rd 2024 the depart the department received public comments on this rule and input from stakeholders and amended the rule accordingly Thank you for your time, and we're available for questions. Members, have any questions? All
Andreas Rhodes
Unverified
7:12
right, then, without objection, this rule is reviewed and approved. Moving on to the repeal of 1990 Methods of Administration, 1B, on your agenda.
Speaker 32
7:22
And you all can go ahead. Thank you, Mr. Chairman. This rule is being repealed. This rule is outdated and incorrect due to substantive changes in federal law. You'll note the rule was last modified in the year 1990. Additionally, this is available to the department because new methods of administrations have been written as a policy and have been approved by the Federal Department of Education in 2020.
That new policy complies with federal law. The Division is only obligated to provide oversight, auditing, data gathering, and certain reporting of
Speaker 5
8:01
noncompliance. Therefore, because this is a policy that only addresses the Department's behaviors and actions, it is not necessary that it be a rule. It does not govern third parties, and we would ask the committee to approve this rule to be repealed. Any questions from members? without
Andreas Rhodes
Unverified
8:25
objection this rule will be reviewed and approved we're going to go on to the next page
be the rules governing professional development on page 19 of your agenda members and y'all can present thank you chair members of the
Speaker 9
8:39
committee as the chair stated the next rule on your agenda is the rule governing professional development would let me interrupt you for
Senator Kim Hammer
Unverified
8:45
a second would you mind pulling that mic up a little closer if you don't mind please? I
Speaker 37
8:51
think I heard the limit but is that any better?
Speaker 9
9:00
That's better. Thank you. So thank you chair I'm sorry. As I was stating
the next rule in your agenda is the rules governing professional
Speaker 10
9:07
development. This rule governs professional development and continuing educational requirements for teachers in the state. The rule underwent a comprehensive review and was amended to reflect the language codified in acts of the General Assembly in the 2021 and 2023 regular sessions. Professional development in the state will be based on activities that improve the knowledge, skills, and effectiveness of teachers, leads to improved student academic achievement, and is research-based and standards-based.
Professional development may also aid teachers in preparing them to teach students with special needs learning disorders among others teachers may also acquire micro-credentials when they complete certain projects this rule has undergone two public comment periods the first beginning on december 20th 2023 and ending on january 22nd 2024 the second comment public coming period began on may 10th 2024 and ended on june 10th 2024 the department also held two public comment
hearings the first on january 2nd 2024 and the second on may 31st 2024 the department received public comments on this rule and input from stakeholders and amended the rule accordingly thank you for your time wherever you're looking
Representative DeAnn Vaught
Unverified
10:22
for questions representative vaughn thank you mr chair there's two different comments one's on 20 and one's on 21 that's talking about the collaborative work together as a team. I think one maybe it says study group
within the rule itself. And I'm wanting to know, they had asked for the term to be changed to collaborative team instead of study group. I'm wondering why we couldn't have changed that. It makes more sense for it to be collaborative than study group that one's on 21 the one before that is learning teams and it's on 20 it just doesn't seem like it was that big of an
ask and it seems like it's really more cohesive into what we were trying to do whenever we were tackling professional development thank you representative so I think
Speaker 10
11:23
the pagination may be differing your version and mine, but I think you're referring to the comment by Sally Bennett. Sally, yes, sir. Okay, so for everyone's reference, that's page two of our public comment sheet. Oh, okay. Sorry, sorry, sorry. I just want to make sure I get to your question. Yes, sir. So that specific comment, I think when we discuss this, and I have to go
some time back, because we try to have meetings amongst a lot of people in the department to try to tackle all the comments
Speaker 9
11:54
at once just to make sure that we're all on the same page. Some of the terminology that was being provided seemed redundant in that a study group is inherently collaborative because there
Speaker 10
12:04
are multiple people in the group studying together. And I think there was another comment to the effect that they wanted to add, maybe the word professional, and it's understood that teaching is a profession, and so everyone in the room that's studying together is already a professional.
So we believe that the definition of the word already sort of implied that it is collaborative in nature, but we can certainly look to that in a future amendment to the rule if you would like us to. I
Representative DeAnn Vaught
Unverified
12:34
know a lot of schools do collaborative work together. I don't know that they call it study group, but I know that a lot of our schools have what they call collaborative time when they all sit together and discuss what's best for a student or the students.
And I think that that is also counted toward their professional development. So I just think it's something that maybe you
should look at since it's a word that is used within the education department. Thank you. Absolutely. Thank you,
Andreas Rhodes
Unverified
13:09
Representative. Any other questions for members? Representative Vought, do you want to take any action? are you satisfied? Okay. All right. Any other questions from members? Then without objection, this rule
is reviewed and approved, and it's also my understanding that the department has chosen to pull from the agenda 2B rules governing public school policies related to overnight travel. Is that correct? That's correct, Chair. Okay. All right. So members, we're going to move on to 2C
Senator Kim Hammer
Unverified
13:40
rule governing cool transformation contract hold on again senator ervin just
Senator Missy Irvin
Unverified
13:47
on that rule that you're pulling to be about overnight travel when do you um when will
you bring that back before us august
Speaker 10
13:57
we anticipate to bring it back as quickly as possible the language is drafted it's just a matter of addressing a couple of questions that have arisen okay because i would
Senator Missy Irvin
Unverified
14:06
i would hope that we could um put this rule in place before the school year begins can you get it to us by august certainly we'll work as expeditiously as possible
Speaker 45
14:15
to get it back to you one more time i couldn't understand you i'm sorry yeah certainly we'll get it we'll
Speaker 3
14:22
work as expeditially as possible to get it back to you okay thank you all right that good senator senator ervin you good
Andreas Rhodes
Unverified
14:31
Good. Okay, very good. All right, any other questions on that? Representative Bentley? Thank you, Chairman. I'd like to know what those concerns are
Representative Mary Bentley
Unverified
14:41
because I had a phone call the other day saying that we were moving forward. We had things worked out with coaches and with paraprofessionals. So I'm not sure why we haven't got that ready for today with school coming as close as it is and people trying to get ready for school. I don't understand why we can't address that today as I was told that it would be. It's
Speaker 10
15:04
my understanding that some concerns have been raised about a provision that allows
coaches to enter into a room that is not being utilized as a dressing room at that very moment for the limited purpose of addressing the athletic team during halftime, for example. The rule
Speaker 9
15:18
does provide that as long as the coach is accompanied by somebody from the opposite that's sexed are able
Speaker 10
15:25
to use that room for that purpose, for that limited scope of time. It's my understanding that there are individuals in the public that would like that specific language amended to allow somebody who is not an employee of a school district to satisfy that
Representative Mary Bentley
Unverified
15:42
purpose. And we couldn't accomplish that for today or by the end of this session today. That's something we couldn't add. Some language we could add. We'll be here for a little bit. can we not add
Speaker 9
15:55
that language we would have to discuss whether that would be a substantive change and whether that would have to set us back
Representative Mary Bentley
Unverified
16:02
in rulemaking again this was passed quite a while ago and we're getting we should have had it ready for last school year now we're getting another school year we're not ready it I think is very wrong for our school districts not to have these rules in place so they can get ready in time for school so I would ask that we'd make
that change and get that done before the end
Representative Matthew J. Shepherd
Unverified
16:25
of this meeting today. Speaker Shepard. So just to be clear, the issue that exists is that the proposed rule would allow, was designed to allow a coach to enter a
Speaker 9
16:38
locker room, correct? Right. So that language is for the limited scope of that coach's duties during a specific
Speaker 74
16:44
duration of time. And the reason why there's a problem is that state law, as passed, does not allow for that.
Speaker 75
16:52
Effectively, the law is pretty – go ahead. I'm sorry, Speaker. No. Yeah,
Speaker 9
16:57
so the law goes into, again, if that room is being utilized for a specific purpose,
Speaker 10
17:03
like changing room or a bathroom, then it is a changing room or a bathroom. for the specific purpose of simply addressing the team during halftime, for example, or addressing
Speaker 9
17:16
the team before the game begins, and the room is not being utilized as a bathroom or a changing room,
that language was simply to allow that individual to be
Representative Matthew J. Shepherd
Unverified
17:30
is not. Okay, so that was going to be my question if you had presented this was what is the exception that you're attempting to utilize to promulgate the rule? Because, as I recall, the act has two or three exceptions. Right or wrong, that's what was passed. And the exceptions are for maintenance or for a medical emergency, and I think there may be one other. So as I understand, the department, in trying to promulgate this rule,
this rule is saying if no one is changing, then it no longer is a locker room or it's no longer a room that is subject to the state law. So the
Speaker 9
18:08
original language of the rule did not include this language. The overwhelming amount of public comments received on
Speaker 10
18:14
this rule were as to that particular issue. To try to address those public comments, we try to come up with language that would again to the extent of the purpose of the room allow for a very limited and specific use
and only for that small duration of time um go ahead speaker well i mean
Representative Matthew J. Shepherd
Unverified
18:35
and i'm sympathetic to that because i understand that there have been a number of schools and and coaches that are concerned because there's no longer they will no longer under certain certain circumstances wouldn't be able to effectively meet with a team at halftime. But ultimately, the law is the law, and right or wrong, that's where we're at. And so I guess if we can have that discussion offline about is there a way,
I just am not sure how do we get around a law that is pretty clear on this point. And, again, I'm sympathetic to that, but my concern is we can't just ignore the law. We can't just ignore what's been passed. And so I'm certainly open to those discussions, but you've answered some of my questions because I wasn't understanding how this rule could even be promulgated or attempted to be promulgated based on what the law is right now. Thank you, Speaker.
Andreas Rhodes
Unverified
19:34
All right. Any other members? Okay. Senator Irvin.
Senator Missy Irvin
Unverified
19:40
I was just saying ALC is not going to be meeting until the last week of August, So there is no way that we would be able to put
Speaker 81
19:51
this in before the school year. Is that
Representative Zack Gramlich
Unverified
19:53
correct? Co-chair. Senator Irvin, in conversations with the executive director of AAA this morning on this issue, he inclined that there would not be any conflict at all if this was taken care of in August ALC
because there's no travel, there's nothing that would happen with high school athletics prior to the August meeting. He said most all the travel where this would come into play would not start until sometime in September. Well,
Senator Missy Irvin
Unverified
20:23
but golf actually starts in August. I mean, I know that because I traveled with the female golf team. There are some sports that will be affected. Thank you.
Senator Kim Hammer
Unverified
20:37
Mr. O'Jay, I have somebody with you who would like to comment there. If you
Speaker 86
20:43
would, please name and title for the record, please. Good morning. Courtney Salas-Ford, Department of Education. So, Senator Irvin, the
Speaker 87
20:49
law as it is is in existence now, and so school districts are bound to that. We could pass the rule today with the language that's in there, and school districts can have that allowed flexibility that we've attempted to add. The only other way to make a change is to take it back to our state board, which would be required by the Administrative Procedures Act, even if we did that through a
special meeting in the next week, then we would still have to bring it back to you all, which of course would be at the end of August. At that time, if we added additional flexibility, then districts would be able to take advantage of that. But either they are bound by the law as it is now without this rule, or we can pass the rule today and give them at least some flexibility that they won't have with the law as it is written.
Senator Missy Irvin
Unverified
21:41
Senator Irving, any other comments? I mean, I guess I'm going to defer to you as legal counsel for the Department of Education. So I think, you know, Speaker Shepard has outlined some conflicts in the law as the law exists with the language. However, you in your legal capacity have tried to meander through that and created a rule. which allows for the flexibility
that most of these public comments are discussing which is understandable for a locker room to be utilized for a halftime conference but overnight travel is an issue still and I understand that so to me I just don't know what the outcome is going to be but I would prefer us getting something in place that gives these folks a level of comfort and I would trust your legal opinion to have crafted
Speaker 87
22:46
that. All right and I can say as as an alternative if you all did pass this rule today the reason that we agreed to pull it down was to address concerns on both sides. Obviously we received questions and comments that there were some concerns on both sides and so if you all passed it today it would be in existence as it is written. We could still then amend it and bring it back to you and then it would take effect, whether that was in August or September, there's still going to be a gap in time, obviously, where school districts are held to either the law as it is
written or the rules as we've presented them today. But yes, to your point, we have under our authority through the Administrative Procedures Act and the authority given to us in the statute drafted a rule that we felt best implemented the law as it was written. Great. Thank
Andreas Rhodes
Unverified
23:36
you for that. I have just a question. Listening to that discussion, listening to what Speaker Shepard said, and if I'm wrong on this, Speaker Shepard, you correct me, but you have concerns that it violates the law.
Is that what I understood you to the position you took?
Representative Matthew J. Shepherd
Unverified
23:54
Yeah, I mean, that's what it, looking at the act, I mean, there's
certain exceptions to the rule, And, again, I'm sympathetic and would hope that there's a way for it to be worked out. But it appears to me that the law is very specific and only allows for certain exceptions. And so it's not a position that I know we want to be in, but that's what it appears to me. and that's why we had asked for more time to try to look at that and address that
and figure out if there was a way to provide some flexibility through rulemaking while at the same time not being in contravention to state law. My concern is we'd be on a collision course when it got down to take a vote.
Andreas Rhodes
Unverified
24:39
If you all presented, somebody would say it'd violate the law, and we'd be in a collision course when we get to the end of the meeting. So here's what the chair is going to rule, and that is that you all have asked for the rule to be pulled down.
We'll respect that, and perhaps between now and the end of the meeting, co-chair and I might figure something out. But as I understand it, worst-case scenario, you'd be back before us in August, which according to what was shared by co-chair regarding what the AAA said, taking into consideration what Senator Irvin said, the vast majority of the sports that are going to be affected are going to be after the time that we'd had to bring this back before. So what I'm going to do is I'm just going to move on, and if somebody feels strongly, have a sidebar conversation, try to figure something out, get it done before the end of the meeting if you think there's a pathway forward.
Otherwise, do you have anything, Coach here? Otherwise, we're going to move on to 2C, please. And you all are recognized.
Speaker 32
25:46
Thank you, Mr. Chairman. This is the DESE rule governing school transformation contracts. This is a new rule being promulgated to implement Section 14 of the LEARNS Act.
Under this rule, public school districts in need of intensive support can contract with transformation campus operators to manage the school and fix issues necessitating intervention. This process is intended to provide new and improved strategies to improve struggling schools and gives an alternative to a state takeover. A public comment period for this rule ran from April 14th to May 15th. A public hearing was held on April 23rd.
Andreas Rhodes
Unverified
26:27
Any members have any questions? Then without objection, this rule will be considered reviewed and approved. I need you all to do something, and Mr. Rhodes especially, we have our microphone system in here struggling a little bit if y'all would, would you please pronounce a little clearer and slow down a little bit some individuals in the room are a year older today like Senator Dismain are having trouble hearing and so we would just ask that you would, out of respect for Senator Dismain's
birthday today give him a little consideration that he's not hearing as well as he did yesterday as he turned a year older today so Senator Dismain, we would all say together happy birthday, would y'all say happy birthday happy birthday and we will spare you the misery of singing to you you're welcome and and on a personal note uh senator dismayne and his family remains in our prayers he's had the difficult last two or three weeks and uh so you continue and your family continues to be with us uh in our prayers we appreciate you very much in your family all right let's move on to one or 2d then please
Speaker 32
27:32
thank you mr chairman happy birthday senator this rule this is the rule for the office of early childhood governing the requirements and procedures for obtaining an arkansas birth through pre-kindergarten teaching credential this rule establishes requirements and procedures for obtaining again the arkansas birth through pre-k teaching credential which is a competency competency-based credential created to provide an additional professional pathway for individuals
wishing to pursue more advanced levels of knowledge and skill, working with young children birth through age five. This amendment to the rule is necessary to implement section 58 of the LEARNS Act, which moved the Office of Early Childhood from the Department of Human Services to the Department of Education. Public comment period was held for this rule
Speaker 31
28:26
from May 10th to June 10th with a hearing on May 31st. I
Speaker 6
28:33
have a question. Questions, Representative Vaught.
Representative DeAnn Vaught
Unverified
28:37
My question probably isn't really about the rule, but I know that there's been a lot of confusion, so I'll just go ahead and ask here so we'll have it on record. With the transfer over, there's a lot of people who think that their preschools are shutting down. I mean, it's like this uproar within a lot of the communities about these preschools not going to be open anymore. I know some of them might have changed vendors, if I was told correctly, but there is a vast number.
There's one in Arkadelphia. There's one in Little Rock that I know. There's one in Conway that I know. Because these people have reached out to me, why are we taking money away from these preschools and they're not going to be opened anymore? I think the confusion is it being transferred from DHS to y'all, but you might want to touch on why certain ones maybe are changing vendors. Does that make sense, what I'm saying? I'm looking for Courtney to shake her head, yes or no?
I know I called about a couple of them, Courtney, so I figure if it's online,
Speaker 87
29:48
maybe that'll help people. Yes, and we are, we discussed this earlier this morning, making a collaborative effort to communicate with the facilities more. There have been a few issues with the transition from DHS to ADE, but more recently and a bigger impact was that the U.S. Department of Education had to rebid the Head Start program and the new vendor that they awarded it to. as they are transitioning over, they are the ones deciding to close some facilities and make some
changes. And our staff is working with them and attempting to keep everyone updated. But that's been an issue that we're having. But yes, we have decided we're going to make sure we're communicating better on what we do know and attempting to make sure everyone understands who are making those decisions. Thank
Senator Kim Hammer
Unverified
30:36
you, ma'am. Any other questions from members? Hey,
Andreas Rhodes
Unverified
30:44
Gordon, keep your seat, please. Gladly. Just real quick, a comment you just made that the decision to transfer, what was the basis?
Was it a quality issue? Was it a financial bidding process that allowed a new vendor to be able to step in and take that over? Are you knowledgeable on that? I'm not familiar with the specifics. I'm
Speaker 90
31:03
going to look for you now. Yeah, I mean, it was the
Speaker 87
31:07
U.S. Department of Education. They did the bidding process. What they made their decision on, whether it was finance or quality, I can't say. I don't know. So your
Andreas Rhodes
Unverified
31:16
department didn't have any weigh-in on that decision at all? None at all.
You find that bothersome that they have made a decision that affected a pretty significant provider, providers in the state without the involvement of our Department of Education? Yes. Did you voice that up to them? I
Speaker 87
31:36
don't know if we made any comments, but we are having communications. I'm looking back at Stacey Smith, our deputy commissioner, who oversees our early childhood office. Yes, they are having communications. Obviously, now it's after the process, but at least we can do what we can.
We wish we would have had that communication sooner.
Andreas Rhodes
Unverified
31:56
We may have a meeting on that issue because it's been a little bit disruptive, and it seems like we've been handed something. We didn't have a lot to say in the process, and we can follow up on that. So, all right. Any other questions, members? All right. Moving on then. I think I said it, but just in case without objection, this rule is reviewed and approved. And we're
Senator Kim Hammer
Unverified
32:15
moving on to E, governing background checks, page 42, your packet, members. y'all
Speaker 9
32:34
recognize thank you chair the next rule is the rule governing background checks
this rule governs background checks and child maltreatment registry checks the rule has been amended to include registered volunteer
Speaker 10
32:44
coaches to the school personnel who must pass a background check with fingerprinting and a child maltreatment registry check passage of Act 237 of 2023 that the learns Act necessitates these changes this rule had a public comment period from May 10th 2024 to June 10th 2024 and the department held a public comment hearing on May 10th 2024 the department
received public comments on this rule and input from stakeholders and amended rule accordingly and thank you for your time away available
Senator Kim Hammer
Unverified
33:19
for questions questions for members then without objection this rule is reviewed and approved moving on to
Speaker 32
33:30
f rules governing maternity leave mr chairman the desi rule governing maternity cost sharing is being promulgated to implement the cost sharing program established under the learns act a couple key definitions
maternity leave is leave for full-time educational personnel within the first 12 months of the birth or adoption of a child. Cost sharing means joint equal responsibility between the district and the department. The rule provides that the department will reimburse 50 percent of the cost of substitute staff for educational personnel that are fully compensated while on maternity
Speaker 5
34:07
leave, and also there's provision that provides that if because the law allows partial compensation
of the teacher if the school is partially compensating the teacher that what they're not giving the teacher is counted towards the the cost of the substitute personnel so the school district doesn't have a double recovery they simply are compensated for their costs public comment period this rule ran from may 10th to june 10th and a hearing was held on may 31st We're
Andreas Rhodes
Unverified
34:41
available for questions. Questions from members? Does this in any way, shape, or form affect an individual and their retirement?
I know of a couple of situations where they were off for a length of time and they fell like one or two days short, and it doesn't get
Speaker 25
35:03
into that world, does it? I've looked at our experts behind us
Andreas Rhodes
Unverified
35:07
and they've all said no. Okay. All right. Any questions from members? Without objection, then the rule is reviewed and approved under the
Speaker 32
35:18
G, governing code of ethics. Thank you. The DESE rule governing the code of ethics for Arkansas educators implements standards for professional licensure
as required by Arkansas Code 617-422. The rule provides for investigations, hearings, sanctions for violations of the code of ethics. This amendment is necessary to add language from Section 25 and 26 of the LEARNS Act, which keeps kids safe by expanding the scope of the rules to apply to registered volunteers. The amendment also
Speaker 5
35:49
adds additional procedures for ethics hearing subcommittee and adds revised and expanded sanctioning guidelines. The goal of that is to help provide for more consistent and uniform sanctions issued by the PLSB.
And just to mention that, that was done looking at those recommended sanctions. The starting points were established looking at the mean of five years' worth of data. Also reviewing similar policies and laws in Florida, Georgia, Texas, Kentucky, and Arizona. Public comment hearing ran from May 10th to June 10th. The
Speaker 31
36:24
hearing was also on May 31st. We're certainly available for questions. any questions for members
Andreas Rhodes
Unverified
36:32
without objection the rule is reviewed and approved
Speaker 10
36:48
moving on to h y'all recognize thank you chair members of the committee the next rule on your agenda is the desi rule governing water safety information provided by public schools this rule incorporates legislative changes made by act 101 of 2023 which requires school districts and public charter schools to inform students and parents on the importance of water safety and swimming lessons
to keep to keep kids safe the rules also require schools to inform parents and students of water safety education courses and swimming lessons offered for free or reduced price this rule had a public comment period beginning on May 10th, 2024 and ending on June 10th, 2024, and the department held a public comment hearing on May 31st of 2024. The department received public comments on this rule and input from stakeholders and amended the rule accordingly. Thank you for your time and we're available for questions.
Senator Kim Hammer
Unverified
37:40
CHAIRMAN BRYANT. Any questions for members? WITHOUT OBJECTION THE RULE IS REVIEWED
Speaker 10
37:52
AND APPROVED AND ON TO AYE. THANK YOU CHAIR MEMBERS OF THE COMMITTEE THE NEXT RULE ON YOUR AGENDA IS THE RULE GOVERNING EMERGENCY RESPONSE EQUIPMENT AND TRAINING THIS RULE INCORPORATES LEGISLATIVE CHANGES MADE BY ACT 737 ACT 737 AND 811 OF 2023 WHICH REQUIRES SCHOOL DISTRICTS TO PLACE AUTOMATED EXTERNAL DEFIRBILATORS AT SCHOOL SPONSORED SPORTING EVENTS AND ALSO REQUIRES SCHOOL
districts to place opioid rescue kits throughout their campus that are clearly marked and widely available. The rules also require school nurses and school resource officers to keep opioid rescue kits on them at all times and report the use of any kit to the Criminal Justice Institute. This rule had a public comment period from May 10th, 2024 to June 10th, 2024, and the department held a public comment hearing on May 31st, 2024. The department received public comments on this rule and input from stakeholders and amended the word accordingly thank you for your time and we're
Andreas Rhodes
Unverified
38:48
available for questions any questions for members without objection this rule is reviewed and approved your next
Speaker 8
39:02
one thank you chair members of the committee the next rule is a repeal of an existing rule and let
Senator Kim Hammer
Unverified
39:07
me interrupt you and ask you a question the remaining rules are all repeal Are these,
Andreas Rhodes
Unverified
39:12
what's the nature or the reason for the repeal? Is there a common theme as to why all of them are being repealed?
Speaker 8
39:18
Generally, yes. A few of them are being repealed because the underlying statutes have been repealed or the program has been replaced by something else. So, for example, you know, teacher races were instituted according to learns and some
Speaker 10
39:31
of our outdated rules are no longer necessary and their underlying statutes have been repealed. And it was pointed out to
Andreas Rhodes
Unverified
39:39
me that when it comes to public comments on all these, there were no public comments with the exception of maybe one. That's correct. So as far as any heartburn from the public, there appears to be none on the basis of this.
So, members, subject to somebody just really raising eyebrows, I've talked to co-chair. If the membership doesn't object because these are all repealed, you've heard the explanation, I'd take a motion to batch these, and we could do it without objection on all of them. Otherwise, we can sit here and listen to all the explanation. Motion and second. We've got a motion and a second. Any discussion to the motion and a second? It is to batch the remaining rules, which are all repeal rules.
Any questions or discussion to the motion? All right. Then, hearing no objection, all in favor say aye. Aye. Any opposed? That being said, then, without objection, these rules are reviewed and approved. And Representative General Berry. Thank you, Mr. Chairman.
Speaker 114
40:47
wanted to, I don't know who Lucas Harder is, never met him, but I really appreciate all the work that he did because we'd have an administrative nightmare
if it hadn't been for all of his editorial comments. And so I appreciate all of his hard work. Thank you. All right. Any other
Andreas Rhodes
Unverified
41:10
comments from members? Very good. Thank you for your time, Linus, being here. Then without objection, we are adjourned.
Agenda
A. Call to Order
B. Rules Filed Pursuant to Ark. Code Ann. § 10-3-309 to Be Considered Pending Suspension of the Subcommittee Rules Due to Submission of Materials After the Deadline for Placement on July Agenda
1. DEPARTMENT OF EDUCATION, DIVISION OF ELEMENTARY AND SECONDARY EDUCATION (Courtney Salas-Ford, Andrés Rhodes, Daniel Shults, Stacy Smith)
a. Rules Governing the Educational Freedom Account Program (p.1)
b. Rules Governing Educator Licensure (p.7)
C. Rules Filed Pursuant to Ark. Code Ann. § 10-3-309
1. DEPARTMENT OF EDUCATION, DIVISION OF CAREER AND TECHNICAL EDUCATION (Courtney Salas-Ford, Andrés Rhodes, Daniel Shults, Stacy Smith)
a. Rules Governing the Arkansas Adult Diploma Program (p.10)
b. REPEAL: 1990 Methods of Administration (p.16)
j. REPEAL: Rules and Regulations Governing Duty to Report Student Criminal Acts (p.53)
k. REPEAL: Rules Governing the Educator Compensation Reform Program (p.54)
l. REPEAL: Rules Governing Eligibility of Participating School Districts in the Traveling Teacher Program (p.55)
m. REPEAL: Rules Governing Reimbursement by School Districts for Election Expenses (p.56)
n. REPEAL: Rules and Regulations for Reporting Compliance with Ark. Code Ann. § 6-13-631 and for Withholding Aid from School Districts Not in Compliance with Ark. Code Ann. § 6-13-631 (School Board Zones and Rezoning) (p.57)
o. REPEAL: Rules Governing the Succeed Scholarship Program (p.58)
Documents
Speakers
Andreas Rhodes
Unverified
Speaker 3
Speaker 5
Speaker 8
Speaker 9
Speaker 10
Senator Missy Irvin
Unverified
Speaker 2
Senator Kim Hammer
Unverified
Speaker 32
Speaker 37
Representative DeAnn Vaught
Unverified
Speaker 45
Representative Mary Bentley
Unverified
Representative Matthew J. Shepherd
Unverified
Speaker 74
Speaker 75
Speaker 57
Speaker 81
Representative Zack Gramlich
Unverified
Speaker 86
Speaker 87
Speaker 31
Speaker 6
Speaker 90
Speaker 25
Speaker 39
Speaker 114