6-15-202. Accreditation — Development of rules, criteria, and standards.

6-15-202. Accreditation — Development of rules, criteria, and standards. (a)(1) The State Board of Education is authorized and directed to develop comprehensive rules, criteria, and standards to be used by the state board and the Division of Elementary and Secondary Education in the accreditation of school programs in elementary and secondary public schools in this state. (2) In its rules, criteria, and standards promulgated under this subchapter, the state board shall include a provision regarding the attainment of unitary status for school districts that have not been released from court supervision over desegregation obligations. (b)(1) All public schools and school districts shall meet the Standards for Accreditation of Arkansas Public Schools and School Districts that shall be adopted by the state board. (2)(A) Except as provided under subdivisions (b)(2)(B)-(E) of this section, upon a showing of just cause, the state board may grant a waiver of any standard for accreditation for a time period of no longer than one (1) school year, except that no curriculum, student performance, school performance, or any standard required by law may be waived for any time period. (B) The state board may grant a waiver of a standard for accreditation for a time period of longer than one (1) school year to a school district for the purpose of combining or embedding the curriculum frameworks from two (2) separate courses into one (1) combined or embedded course if: (i) The school district timely makes an application for approval of the combined or embedded course to the division under the rules adopted by the state board; (ii) The school district certifies in writing to the state board that all of the curriculum frameworks for the two (2) separate courses will be fully taught in the proposed combined or embedded course; (iii) The division verifies in writing to the state board that all of the curriculum frameworks for the two (2) separate courses are included in the proposed combined or embedded course; and (iv) The proposed combined or embedded course meets all requirements for course approval under the rules adopted by the state board. (C) The state board shall grant a waiver of a standard only for accreditation for proposed combined or embedded courses in grades five through twelve (5-12). (D) If the state board subsequently revises the curriculum frameworks for either of the separate courses that are combined or embedded into a single course, a school district must submit a new waiver request for a combined or embedded course as set forth in subdivisions (b)(2)(B) and (C) of this section. (E) It is a violation of the Standards for Accreditation of Arkansas Public Schools and School Districts for a school to fail to teach the curriculum frameworks for each separate course that is combined or embedded into a single course. (F) The state board shall promulgate rules necessary to administer subdivisions (b)(2)(B)-(E) of this section. (3) A school district is deemed to have failed to meet the standards if on any standard applicable to the general operation of a school district as defined by the state board the school district receives a probationary status. (4) A school is deemed to have failed to meet the standards if on any standard applicable to the specific operation of that school as defined by the state board the school receives a probationary status. (c) The state board shall promulgate rules setting forth: (1) The process for identifying schools and school districts that fail to meet the standards; (2) Enforcement measures the state board may apply to bring a school or school district into compliance with the standards, including, but not limited to, annexation, consolidation, or reconstitution of the school district in accordance with § 6-13-1401 et seq. and this subchapter; and (3) The appeal process available to a school district under this subchapter. (d) After the rules are adopted and implemented by the state board, standards and procedures shall regularly be reviewed by the House Committee on Education and the Senate Committee on Education at least one (1) time every two (2) years, and recommendations and advice may be filed by the House Committee on Education and the Senate Committee on Education with the state board for its consideration. (e)(1) The division shall conduct a Standards for Accreditation of Arkansas Public Schools and School Districts review for each public school or public school district in the state: (A) Identified as being at a high risk of failing to meet the standards; or (B) Whenever the division or state board deems necessary. (2) The review under subdivision (e)(1) of this section may be conducted on-site at the public school or public school district. (f) The Commissioner of Elementary and Secondary Education may require that the superintendent of each school district file a written statement with the division as evidence that the school district for which the superintendent is responsible has complied with any or all of the following statutory requirements: (1) Section 6-10-111(d)-(f) concerning the Equity Assistance Center; (2) Section 6-11-129(a)(1) concerning data to be accessible on the district's website; (3) Section 6-13-109 concerning employment of a school superintendent; (4) Section 6-13-620 concerning powers and duties of the local school district board of directors; (5) Section 6-13-801 et seq. concerning educational compacts; (6) Section 6-15-202(b)(1) concerning accreditation; (7) Section 6-15-2901 et seq. concerning the Arkansas Educational Support and Accountability Act; (8) Section 6-15-502 concerning home schools; (9) Section 6-15-902 concerning grading scale; (10) Section 6-15-1004 concerning qualified teachers; (11) Section 6-15-1101(b) concerning diplomas; (12) Section 6-15-1402 concerning the school performance report; (13) Section 6-15-1603 concerning closing the achievement gap; (14) Section 6-15-1701 et seq. concerning a parental involvement plan; (15) [Repealed.] (16) Section 6-16-102 concerning school day; (17) Section 6-16-103 concerning course of study generally; (18) Section 6-16-124 concerning Arkansas history; (19) Section 6-16-126 concerning food handling safety; (20) Section 6-16-130 concerning visual art and music; (21) Section 6-16-132 concerning physical education; (22) [Repealed.] (23) [Repealed.] (24) Section 6-16-1201 et seq. concerning advanced placement and concurrent enrollment; (25) Section 6-17-102 concerning emergency first aid personnel; (26) Section 6-17-201 concerning personnel policies; (27) Section 6-17-309 concerning licensure; (28) Section 6-17-401 et seq. concerning teacher's license requirement; (29) Section 6-17-2301 concerning establishment of personnel policies; (30) Section 6-17-2403 concerning teacher compensation; (31) Section 6-18-101 concerning qualifications for valedictorian and salutatorian, if applicable; (32) Section 6-18-201 et seq. concerning compulsory attendance; (33) Section 6-18-202 concerning age and residence for attending public schools; (34) Section 6-18-207 concerning minimum age for enrollment in public school; (35) [Repealed.] (36) Section 6-18-213 concerning attendance records and reports generally; (37) Section 6-18-223 concerning credit for college courses; (38) Section 6-18-501 et seq. concerning guidelines for development of school district student discipline policies and written student discipline policies; (39) Section 6-48-101 et seq. concerning alternative learning environments; (40) Section 6-48-103 concerning assessment and intervention in alternative learning environments; (41) Section 6-18-701 et seq. concerning physical examinations; (42) Section 6-18-2003 concerning a comprehensive school counseling program; (43) Section 6-19-101 concerning transportation; (44) Section 6-20-2202 concerning the budget and expenditure report; (45) Section 6-21-106 concerning fire hazards inspection before closing for breaks; (46) Section 6-21-112 concerning school facilities; (47) Section 6-25-101 et seq. concerning the public school library media and technology; (48) Section 6-41-101 et seq. concerning services to children with disabilities in nonpublic schools; (49) Section 6-42-101 concerning gifted and talented children; (50) Section 6-17-2803(7) and rules promulgated by the state board concerning the required training and credentialing of evaluators under the Teacher Excellence and Support System, § 6-17-2801 et seq.; and (51) Any other statutory mandate for school districts identified by the division as relevant to the Standards for Accreditation of Arkansas Public Schools and School Districts. (g) In addition to any written statement of assurance required under subsection (f) of this section, the division may conduct an on-site review of a school district to confirm that a school district has complied with any statutory requirements listed in subsection (f) of this section or any other matter related to the standards. (h) The division shall establish a form for the written statement of assurance required under subsection (f) of this section and shall establish a date or dates by which school districts shall submit the written statement of assurance required under subsection (f) of this section. (i) If any superintendent fails to file a written statement of assurance as required by the commissioner under subsection (f) of this section by the date established by the division or knowingly submits false information or if the division determines the information in the statement is inaccurate or incomplete, the division may: (1) Conduct a random on-site visit; (2) Request additional information from the school district; (3) Take licensure action on the license of the superintendent under the procedure of § 6-17-410; or (4) Find the school or school district in citation or probationary violation of the Standards for Accreditation of Arkansas Public Schools and School Districts.