005-28-22 Ark. Code R. § 9

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

Rule 005.28.22-009 - Division of Elementary and Secondary Education Rules Governing Required Training for School Board Members

June 5, 2022

1.00 REGULATORY AUTHORITY

1.01 The State Board of Education promulgates these Rules pursuant to Ark. Code Ann. § 6-13-629.

1.02 This Rule shall be known as the Division of Elementary and Secondary Education (DESE) Rules Governing Required Training for School Board Members.

2.00 PURPOSE

2.01 The purpose of these Rules is to outline the type and amount of training required for new and continuing local school board members.

3.00 DEFINITIONS

3.01 "Annual School Performance Report" means the report required to be posted on the DESE website for each school district annually under Ark. Code Ann. § 6-15-1402.

3.02 "Comprehensive School Improvement Plan" means the plan that each local school district must prepare annually under the Division of Elementary and Secondary Education Rules Governing Standards for Accreditation of Arkansas Public School and School Districts Standard 5-A.1.

4.00 TRAINING HOURS REQUIRED

4.01 A member of a local school district board of directors who has served on the board of directors for twelve (12) or more consecutive months shall obtain no less than six (6) hours of training and instruction by December 31 of each calendar year.

4.02 A member of a school district board of directors elected for an initial or non-continuous term shall obtain no less than nine (9) hours of training and instruction by December 31 of the calendar year following the year in which the member is elected.

4.02.1 The training or instruction under Section 4.02 of this Rule shall include training or instruction on how to read and interpret an audit report and information regarding school safety and student discipline.

4.03 Hours of training and instruction obtained in excess of the minimum requirements each year may accumulate and be carried forward through December 31 of the third calendar year following the year in which the hours were obtained.

5.00 TRAINING CONTENT

5.01 The training and instruction required under this Rule shall include topics relevant to school laws, school operations, and the powers, duties, and responsibilities of the members of the boards of directors, including without limitation:

5.01.1 Legal requirements, including without limitation:

5.01.1.1 The following items listed or required by the Legislative Joint Auditing Committee under Ark. Code Ann. § 6-1-101:

5.01.1.1.1 Audit management letter

5.01.1.1.2 Ethical guidelines

5.01.1.1.3 School elections

5.01.1.1.4 Management of schools

5.01.1.1.5 Revolving loan funds

5.01.1.1.6 School district finances

5.01.1.1.7 School district school bonds

5.01.1.1.8 Teachers and employees

5.01.1.1.9 Teachers' salaries

5.01.1.1.10 Deposit and investments of funds

5.01.1.1.11 Improvement contracts

5.01.1.2 Other financial laws or regulations designated by DESE;

5.01.2 Role differentiation;

5.01.3 Financial management, including without limitation how to read and interpret an audit report;

5.01.1.3 The training or instruction on how to read and interpret an audit report shall be conducted by a person who:

5.01.1.3.1 Is licensed to practice accounting by the Arkansas State Board of Public Accountancy and has prior experience conducting school district financial audits.

5.01.1.3.2 The instructor of the audit training must not be an employee of Arkansas Legislative Audit unless the training is conducted for the boards of directors of multiple school districts.

5.01.1.3.3 The instructor must not be the person conducting the annual audit or other financial audit of the school district unless the training or instruction is presented in a large group setting sponsored by a statewide or regional organization that is attended by multiple school districts.

5.01.1.4 Training or instruction shall be conducted under the consultation or supervision of an individual who qualifies under Section 5.01.1.3 of these rules as part of a program that is provided:

5.01.1.4.1 By an institution of higher education located in Arkansas;

5.01.1.4.2 From instruction sponsored or approved by the DESE; or

5.01.1.4.3 By an in-service training conducted by or through the Arkansas School Boards Association.

5.01.1.5 The audit training or instruction may be presented by electronic means, in person, or both.

5.01.4 Improving student achievement; and

5.01.5 Information regarding school safety and student discipline.

6.00 TRAINING PROVIDERS

6.01 This instruction may be provided to board members by an institution of higher learning in this state, by programs sponsored or approved by the DESE, or by an in service training program conducted by or through the Arkansas School Boards Association.

6.02 Any instruction directly provided to board members by either an institution of higher learning in this state, the DESE, or the Arkansas School Boards Association, which instruction meets the training content requirements of Section 5.00 of these Rules, shall not require pre-approval by the DESE. All other instruction must be pre-approved by the DESE in order for the training to count towards the required hours under Section 4.00 of this Rule.

6.03 At least thirty (30) days before a training program meeting the content requirements of Section 5.00 of these Rules is offered to members of a local school district's board of directors, the provider shall provide a detailed description of the entire program including staff qualifications to the DESE.

6.04 The DESE shall promptly review the content of the program for compliance with any and all applicable statutes and Division rules to determine if any or all of the program content shall be deemed to provide training and instruction credit and shall establish the time period the training and instruction provider is approved to offer the program.

6.05 Upon notification by the DESE of approval of the program (or a part or parts thereof) for training and instruction credit, the provider may enroll participants in the program and offer the program for training and instruction credit for the set time period.

6.06 The provider shall be responsible for the preparation and dissemination of proof of completion of the program (or parts thereof) to all attendees. All such proof, or copies thereof, shall be submitted by the board member attendees to the superintendent of the district whose board they serve.

7.00 RECORDS OF TRAINING

7.01 A school district shall maintain a record of hours of training and instruction for board members, which may be in the form of an attested, cumulative annual report from the training providers and which shall be subject to verification and inspection during the school district's annual audit.

7.02 A statement of the hours of training and instruction obtained by each board member in the preceding year shall be:

7.02.1 Part of the school district's comprehensive school improvement plan and goals;

7.02.2 Posted in the same way that other components of the comprehensive school improvement plan and goals are required to be; and

7.02.3 Made a part of the annual school performance report required under Ark. Code Ann. § 6-15-1402.

7.03 The superintendent of each school district shall annually prepare a report of the training hours each individual school board member received to be presented at the board's regular January meeting.

7.03.1 The superintendent's report shall be presented in a table format with a row for each individual school board member that is followed by individual columns containing the following information:

7.03.1.1 The number of training hours the school board member received between January 1 and December 31 of the previous year.

7.03.1.2 The number of training hours carried forward from the previous year that were eligible to be counted towards the previous year.

7.03.1.3 The sum of the number of training hours the school board member received under Section 7.03.1.1 and Section 7.03.1.2.

7.03.1.4 The total number of training hours the board member is required to receive under Section 4.00.

7.03.2 The Superintendent's report shall not include:

7.03.2.1 Any training hours a board member receives after December 31 of the previous year.

7.03.2.2 The training hours the board member accrues under Section 7.03.3.1.

7.03.3 Members who fail to receive or carry forward the required number of training shall be:

7.03.3.1 Permitted from January 1 through thirty (30) days following the date of the January board meeting to complete the deficient training hours; and

7.03.3.2 Suspended from participating in official business, except for board member training, until the board member obtains the deficient hours.

7.03.4 A board member who fails to cure the board member's training hours deficiency during the time provided under Section 7.03.3.1 shall be removed from the board and the board member's position shall be filled in accordance with Ark. Code Ann. § 6-13-611 unless:

7.03.4.1 The board member's failure to receive the required training during the time provided under Section 7.03.3.1 was due to military service of the board member; or

7.03.4.2 The board member provides a written sworn statement from the board member's treating physician stating that the board member's failure to receive the required training during the time provided under Section 7.03.3.1 was due to a serious medical condition.

7.03.5 A board member who provides the necessary documentation under Section 7.03.4 shall have until December 31 of the year following the year the board member failed to receive the required training to receive both the hours of training required for the current year and the hours the board member failed to obtain the previous year.

8.00 AUTHORIZATION TO REIMBURSE FOR RELATED EXPENSES

8.01 Local school district boards of directors are authorized to pay a reasonable per diem and other necessary expenses from funds belonging to the school district and to reimburse school board directors for expenses incurred in attending in-service workshops, conferences, and other courses of training and instruction required in completing the training and instruction as required under these Rules.

9.00 ENFORCEMENT

9.01 A school district shall demonstrate compliance with the requirements of these Rules in addition to complying with the provisions of Section 7.00 of these Rules by causing its superintendent to file a written statement of assurance with the DESE pursuant to Ark. Code Ann. § 6-15-202.

9.02 A school district which fails to comply with the provisions of Ark. Code Ann. § 613-629 and the procedural requirements articulated in these Rules shall be subject to being placed in probationary status pursuant to Section 6.00 of the Division of Elementary and Secondary Education Rules Governing Standards for Accreditation of Arkansas Public Schools and School Districts.

9.03 A vacancy on the school board shall occur if a board member fails to receive the mandatory hours of training within the time frame required by Ark. Code Ann. § 613-629 unless the failure was due to military service of the board member or a serious medical condition as demonstrated by a written sworn statement of the board member's treating physician.

9.04 The board shall not appoint the board member who failed to receive the required hours of training to fill the vacant position on the board that resulted from the board member's failure to receive the required hours of training.

Exhibit A

DIVISION OF ELEMENTARY AND SECONDARY EDUCATION REQUEST TO PRESENT A TRAINING PROGRAM TO SCHOOL BOARD MEMBERS

Please compile the following information and submit it electronically via the Division's website:

http://www.arpdsam.org/

Pursuant to Section 6.03 of the Division of Elementary and Secondary Education Rules Governing Required Training for School Board Members (Rule), program providers must submit a detailed description of the entire program, including staff qualification, to the Department to be received at least thirty (30) days prior to the date of the program. This deadline will allow for review of the program to determine whether training and instruction credit pursuant to Ark. Code Ann. § 6-13-629 and this Rule may be awarded.

1.) Name and Address of Provider: __________________________________________

_______________________________________________________________________

2.) Contact Person for Provider: Name: ______________________________________

Address ______________________________________________________________

Phone Number: ________________________________________________________

Fax: _________________________________________________________________

E-Mail _______________________________________________________________

3.) Title and Detailed Description of Program: __________________________________

_______________________________________________________________________

4.) Please indicate how the program content will apply to Section 5.00, Training Content, of the Rules Governing Required Training for School Board Members

5.) Date(s) program is to be presented: _________________________________________

6.) Members of provider's staff who will provide instruction at the program:

a.) Staff Member's Name: _____________________________________________

Address: _________________________________________________________

Phone Number ____________________________________________________

Fax Number: ______________________________________________________

E-mail: __________________________________________________________

List qualifications to present program (include relevant educational background, work experience, examples of similar programs presented, etc.):

_______________________________________________________________________

b.) Staff Member's Name: _____________________________________________

Address: _________________________________________________________

Phone Number ____________________________________________________

Fax Number: ______________________________________________________

E-mail: __________________________________________________________

List qualifications to present program (include relevant educational background, work experience, examples of similar programs presented, etc.):

_______________________________________________________________________

c.) Staff Member's Name: _____________________________________________

Address: _________________________________________________________

Phone Number ____________________________________________________

Fax Number: ______________________________________________________

E-mail: __________________________________________________________

List qualifications to present program (include relevant educational background, work experience, examples of similar programs presented, etc.):

_______________________________________________________________________

d.) Staff Member's Name: _____________________________________________

Address: _________________________________________________________

Phone Number ____________________________________________________

Fax Number: ______________________________________________________

E-mail: __________________________________________________________

List qualifications to present program (include relevant educational background, work experience, examples of similar programs presented, etc.):

_______________________________________________________________________

e.) Staff Member's Name: _____________________________________________

Address: _________________________________________________________

Phone Number ____________________________________________________

Fax Number: ______________________________________________________

E-mail: __________________________________________________________

List qualifications to present program (include relevant educational background, work experience, examples of similar programs presented, etc.):

_______________________________________________________________________

f.) Staff Member's Name: _____________________________________________

Address: _________________________________________________________

Phone Number ____________________________________________________

Fax Number: ______________________________________________________

E-mail: __________________________________________________________

List qualifications to present program (include relevant educational background, work experience, examples of similar programs presented, etc.):

_______________________________________________________________________

7.) Please add to this document any other information that you believe would be helpful in assisting the Division in determining whether to grant your request.

8.) The DESE shall promptly review the content of the program for compliance with any and all applicable statutes and Division rules to determine if any or all of the program content shall be deemed to provide training and instruction credit and shall establish the time period the training and instruction provider is approved to offer the program.

9.) Upon notification by the DESE of approval of the program (or parts thereof) for training and instruction credit, the provider may enroll participants in the program and offer the program for training and instruction credit for the set time period.

10.) The provider shall be responsible for the preparation and dissemination of proof of completion of the program (or parts thereof) to all attendees. All such proofs, or copies thereof, shall be submitted by the board member attendees to the superintendent of the district whose board they serve.

Submitted by: __________________________________Date: ________________________

_______________________________________________________________________

FOR DESE USE ONLY

Date Provider Information Received ______________________________________________

Date Reviewed: ______________________________________________________________

Request to Present Program: Approved: __________________________________________

Denied: ____________________________________________

Date of decision: _____________________________________________________________

Signature of DESE Representative: ____________________________

005.28.22 Ark. Code R. § 009

Adopted by Arkansas Register Volume 47 Number 06, Effective 6/5/2022