005-23-16 Ark. Code R. § 5

Current through Register Vol. 49, No. 7, July, 2024

Rule 005.23.16-005 - Arkansas Department of Education Rules Governing School District Requirements for Personnel Policies, Salary Schedules, Minimum Salaries, and Documents Posted to District Websites

1.00 REGULATORY AUTHORITY

1.01 These rules shall be known as the Arkansas Department of Education Rules Governing School District Requirements for Personnel Policies, Salary Schedules, Minimum Salaries, and Documents Posted to District Websites (Rules).

1.02 The Rules are enacted pursuant to the State Board of Education's authority under Ark. Code Ann. § 6-11-105, § 6-11-129, § 6-17-201, § 6-17-207, § 6-17-807, § 6-17-812, § 6-17-2203, § 6-17-2301, § 6-17-2402, and § 6-17-2403.

2.00 PURPOSE

The purpose of these Rules is to apprise districts of the requirements for publishing school district classified and licensed personnel policies, salary schedules, establishing minimum salaries, and other documents mandated to be posted to the district's website.

3.00 DEFINITIONS

3.01 Basic Contract means a teacher employment contract for one hundred ninety (190) days that includes no less than six (6) days of professional development, except as provided under 3.01.1 for teachers employed in a C-Step Program or the Arkansas National Guard Youth Challenge Program.

3.01.1 For the purpose of a teacher employed in the C-Step Program or the Arkansas National Guard Youth Challenge Program, a basic contract for a teacher means full-time employment for one hundred ninety (190) days that includes six (6) days of professional development and all additional days in excess of one hundred ninety (190) days paid at the daily rate under Ark. Code Ann. § 6-17-2403 that are required for full-time annual employment and subject to the policies and guidelines of the Arkansas National Guard.

3.02 Classified Employee means any employee who performs work for the school district under a written annual contract in a position that does not require a valid teaching license issued by the Arkansas State Board.

3.03 Classified Employee Minimum Salary is the calculation of the minimum rate listed in Ark. Code Ann. § 6-17-2203 that has been adjusted by the same percentage of increase as reported in the consumer price index each year. The adjusted rate is announced prior to July 1 each year in a Commissioner's memo.

3.04 Classified Personnel Policies are written district policies, guidelines, regulations, and procedures that pertain to the terms and conditions of a classified employee's employment with the district.

3.05 Classified Salary Schedule is a set of matrices that are updated and published each school year, which contains the minimum salaries for all classified employees and includes ranges, steps, and rates of pay. The salary schedule is required to reflect the actual pay practices of the district.

3.06 Full Time Classified Employee means any classified employee contracted to work twenty (20) or more hours per week.

3.07 Licensed Employee is a person hired by the local school district who is compelled by law or regulation to secure a license from the State Board of Education.

3.08 Licensed Personnel Policies are written district policies, guidelines, regulations, and procedures that pertain to the terms and conditions of a licensed employee's employment with the district.

3.09 Licensed Salary Schedule is a set of matrices that are updated and published each school year that contains the minimum salary licensed employees earn based on number of years of experience, education degrees, computations for extended contracts, and salary supplements for additional duties or responsibilities. The salary schedule is required to reflect the actual pay practices of the district.

3.10 Teacher means an individual who is required to hold a teaching license from the Department of Education and who is engaged directly in instruction with students in a classroom setting for more than seventy percent (70%) of the individual's contracted time; a guidance counselor; or a librarian.

3.11 Website is a set of interconnected webpages, including a homepage, generally located on the same server. It is prepared and maintained as a collection of information by a person, group, or organization.

4.00 LICENSED PERSONNEL POLICIES AND SALARY SCHEDULES

4.01 School districts shall have a set of written licensed personnel policies.

4.02 The licensed personnel policies shall include, but are not limited to, the following:

4.02.1 The licensed salary schedule;

4.02.2 Benefits;

4.02.3 Compensation;

4.02.4 Designation of workdays;

4.02.5 Holidays and non-instructional days;

4.02.6 The annual calendar;

4.02.7 Methods of evaluations;

4.02.8 Extra duties;

4.02.9 Leave;

4.02.10 Grievances;

4.02.11 Dismissal or nonrenewal;

4.02.12 Reduction in force; and

4.02.13 Assignment of teacher aides.

4.03 The licensed personnel policies and salary schedules must be posted to the district's website no later than September 15 each year. The district must keep a copy of the licensed salary schedule and personnel policies, signed by the president of the school board and retained in a central location.

4.04 The district shall make licensed personnel policies and salary schedules easily accessible on its website through an easily-identifiable direct link titled "State-Required Information" in accordance with 9.03.

4.05 The district is required to provide to the Arkansas Department of Education, no later than September 15 of each year, the website address where the licensed personnel policies and salary schedules are located. This information is currently collected in state reporting cycles 1-9. The website address must be entered correctly in each cycle, especially if there are changes to the website address.

4.06 A district failing to meet the above requirements will not receive in any year any additional state foundation funding from the Public School Fund until the licensed personnel policies and salary schedules are posted to the district's website.

4.07 The Arkansas Department of Education shall not accredit a district that does not have written licensed personnel policies.

4.08 The Arkansas Department of Education will notify any school district that has not posted its licensed personnel policies and salary schedules on the district's website or provided the Department with the website address as required.

5.00 CLASSIFIED PERSONNEL POLICIES AND SALARY SCHEDULES

5.01 School districts shall have a set of written personnel policies, including the salary schedule for at least all five classifications of classified employees as listed in 3.02.

5.02 The personnel policies shall include, but are not limited to:

5.02.1 Salary schedule, fringe benefits, and other compensation issues;

5.02.2 Annual school calendar, including work days and holidays;

5.02.3 Evaluation procedures;

5.02.4 Leave;

5.02.5 Grievance procedures;

5.02.6 Termination, nonrenewal, or suspension

5.02.7 Reduction in force; and

5.02.8 Assignments.

5.03 School districts must post classified personnel policies and salary schedules to the district's website no later than September 15 each year. The district shall maintain in a central records location a written copy of the policies signed by the president of the district's board of directors.

5.04 The district shall make classified personnel policies and salary schedules easily accessible on its website through an easily-identifiable direct link titled "State-Required Information" in accordance with 9.03.

5.05 The district is required to provide to the Arkansas Department of Education, no later than September 15 of each year, the website address where the classified personnel policies and salary schedules are located. This information is currently collected in state reporting cycles 1-9. The website address must be entered correctly in each cycle, especially if there are changes to the website address.

5.06 A district failing to meet the above requirements will not receive in any year any additional state foundation funding from the Public School Fund until the classified-personnel policies and salary schedules are posted to the district's website.

5.07 The Arkansas Department of Education shall not accredit a district that does not have written classified personnel policies.

5.08 The Arkansas Department of Education will notify any school district that has not posted its classified personnel policies and salary schedules on the district's website or provided the Department with the website address as required.

6.00 LICENSED EMPLOYEE MINIMUM SALARY

6.01 The district salary schedule shall provide:

6.01.1 Annual increments for education and experience.

6.01.2 A base salary for a teacher with a BA degree listing salary increments each year for at least 15 years of experience.

6.01.3 A minimum salary for a teacher with a master's degree listing salary increments each year for at least fifteen years of experience.

6.02 Each school district shall have a salary schedule with at least the minimum levels of compensation for a basic contract as listed in Ark. Code Ann. § 6-17-2403(b).

6.02.1 The minimum teacher compensation schedule under Ark. Code Ann. § 6-17-2403(b) does not apply to a part-time teacher or part-time paraprofessional employed by a school district to work in an adult education program.

6.02.2 The minimum teacher compensation schedule for a part-time teacher or part-time paraprofessional employed by a school district to work in an adult education program shall be established by the Adult Education Section of the Department of Career Education and approved by the State Board of Career Education.

6.03 The teaching experience is the total years of experience as a teacher with a valid Arkansas teaching license and teaching at any of the following:

6.03.1 A public school accredited by the Department of Education or a nationally recognized accrediting association;

6.03.2 Private school within the state of Arkansas accredited by a nationally recognized accrediting association;

6.03.3 An Institution of higher education within the State of Arkansas accredited by a nationally recognized higher education institution accrediting association; or

6.03.4 A facility operated by the Division of Youth Services or any facility contracting with the division to provide care for juveniles committed to the division.

7.00 ADDITIONAL PAY

7.01 If a teacher is required to work more days than listed in their contract, then the pay under the contract shall be increased proportionately so that the teacher will receive at least a daily rate of pay for each additional day worked.

7.02 Each school district shall establish a normal base contract period for teachers.

7.03 If the base contract period is increased, the teacher's pay under the contract shall be increased proportionately at no less than the daily rate for each day added to the contract.

7.04 The provisions of sections 7.01, 7.02, and 7.03 shall not apply to separate contracts for employment with a teacher to teach summer school or to perform services that do not require the teacher to hold a teaching license.

7.04.1 Such services require a separate contract and the district shall not condition initial employment of the teacher or renewal of the teacher's regular teaching contract on entering into a separate contract.

7.05 A district may employ a teacher in a part time contract to perform services in the teacher's area of certification after expiration of the normal base contract as long as the teacher is agreeable and is paid in accordance with the salary schedule, on a pro rata basis for that work.

7.06 If a teacher in grades seven through twelve (7-12) volunteers to teach more than the maximum number of students permitted per day under the Standards for Accreditation of Arkansas Public Schools and School Districts, then the teacher's pay under his or her contract shall be increased by an amount proportionate to the teacher's base pay and the additional number of students taught by the teacher.

7.07 A teacher in grades seven through twelve (7-12) may volunteer to use his or her conference period during the day to teach an additional class period or to teach more than the maximum number of students per day and shall be compensated at a pro-rated portion of his or her contract for both the extra class period and for every additional student her or she teaches over the maximum number of students permitted per day under the Standards for Accreditation for Arkansas Public Schools and School Districts.

8.00 CLASSIFIED EMPLOYEE MINIMUM SALARY

8.01 For the 2011-2012 school year, a full-time contracted classified employee (working 20 hours a week or more) shall receive an hourly rate of compensation of no less than $7.74 per hour.

8.02 The minimum hourly rate is adjusted each year by increasing the previous year's minimum amount by a percentage equal to the percentage increase of the consumer price index. The new minimum rate is announced in a Commissioner's Memo before July 1 each year.

9.00 DATA TO BE ACCESSIBLE ON WEBSITE

9.01 The following data and information are required to be posted to the district's website or the district's education service cooperative website, if the education service cooperative maintains the district's website:

9.01.1 Current comprehensive financial data reports, including:

9.01.1.1 Local and state revenue sources;

9.01.1.2 Administrator and teacher salary and benefit expenditure data;

9.01.1.3 School district balances, including legal balances and building fund balances;

9.01.1.4 Minutes of regular and special meeting of the school board;

9.01.1.5 The school district budget for the current year must be posted on the website within thirty (30) days following the state reporting cycle 1 deadline (September 30);

9.01.1.6 A financial breakdown of monthly expenses of the school district;

9.01.1.7 Salary schedules for all employees, including extended contract and supplementary pay amounts;

9.01.1.8 Current contract information with all district employees except that social security numbers, telephone numbers, personal addresses, or signatures shall not be published.

9.01.1.9 The current year annual budget; and

9.01.1.10 The annual school district statistical report.

9.01.2 Licensed and classified personnel policies and salary schedules

9.02 The above information shall consist of actual data for the two (2) previous school years and the projected budgeted information for the current school year.

9.03 The information and data required by 9.00 shall be easily accessible through the homepage of the district's website under an easily-identifiable direct link titled "State-Required Information" to a page on the district's website where the information may be found. Under this link, the district shall subdivide the information required by 9.00 by the categories of information.

005.23.16 Ark. Code R. § 005

3/18/2016