Browse Arkansas Code titles and sections
6-23-908. Open-Enrollment Public Charter School Facilities Funding Aid Program.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-23-908. Open-Enrollment Public Charter School Facilities Funding Aid Program.
(a) There is created the Open-Enrollment Public Charter School Facilities Funding Aid Program.
(b)(1) An open-enrollment public charter school that meets the criteria under subsection (c) of this section is eligible to receive funding from the program on a pro rata distribution of available funding per student, based upon the open-enrollment public charter school's previous year three-quarter average daily membership.
(2) For an open-enrollment public charter school in its first year of operation, the first year operating under a new license, the first year adding a new campus, or in any year a grade is added at any campus, the funding from the program shall be determined using the method under § 6-23-501(a)(2)(A).
(c) In addition to the open-enrollment public charter school's successful completion of the charter application review and approval process, the open-enrollment public charter school shall meet all of the following criteria in order to receive funding under the program:
(1) Virtual technology is not the primary method of delivering instruction;
(2) The facility meets all applicable health, fire, and safety codes and all accessibility requirements under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., and the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as reviewed by the Division of Public School Academic Facilities and Transportation or another appropriate state agency; and
(3) The open-enrollment public charter school is not:
(A) Classified as in need of Level 5 — Intensive support under § 6-15-2915 or in fiscal distress under the Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq., and the c
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-23-908
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:6-23-908
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6fc734d2c838fc161bf79830b7e3a4eb44fe12210f7af01211a77034089a37c0
Source location: content.xml paragraph 26987
Stored source content
6-23-908. Open-Enrollment Public Charter School Facilities Funding Aid Program.
(a) There is created the Open-Enrollment Public Charter School Facilities Funding Aid Program.
(b)(1) An open-enrollment public charter school that meets the criteria under subsection (c) of this section is eligible to receive funding from the program on a pro rata distribution of available funding per student, based upon the open-enrollment public charter school's previous year three-quarter average daily membership.
(2) For an open-enrollment public charter school in its first year of operation, the first year operating under a new license, the first year adding a new campus, or in any year a grade is added at any campus, the funding from the program shall be determined using the method under § 6-23-501(a)(2)(A).
(c) In addition to the open-enrollment public charter school's successful completion of the charter application review and approval process, the open-enrollment public charter school shall meet all of the following criteria in order to receive funding under the program:
(1) Virtual technology is not the primary method of delivering instruction;
(2) The facility meets all applicable health, fire, and safety codes and all accessibility requirements under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., and the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as reviewed by the Division of Public School Academic Facilities and Transportation or another appropriate state agency; and
(3) The open-enrollment public charter school is not:
(A) Classified as in need of Level 5 — Intensive support under § 6-15-2915 or in fiscal distress under the Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq., and the corresponding rules adopted by the State Board of Education;
(B) In receipt of a rating of “F” under § 6-15-2105; or
(C) Placed in probationary status by the state charter school authorizer under § 6-23-105.
(d) The funds received by an open-enrollment public charter school under this section shall be used only for the lease, purchase, renovation, repair, construction, installation, restoration, alteration, modification, or operation and maintenance of an approved facility that meets the requirements of subsection (c) of this section.
(e)(1) If an open-enrollment public charter school fails to use funds received under this section as provided under subsection (d) of this section or no longer has the need for the funds, the Division of Public School Academic Facilities and Transportation shall certify and recoup the funds from the operating funds designated to the open-enrollment public charter school through the Division of Elementary and Secondary Education and remitted directly by the Division of Elementary and Secondary Education.
(2) The operating funds from which the Division of Public School Academic Facilities and Transportation may recoup funds from an open-enrollment public charter school are limited to:
(A) State funding distributed under § 6-20-2305, including without limitation state foundation funding and state categorical funding;
(B) Federal funding to the extent allowed under federal law; and
(C) The net assets of an open-enrollment public charter school deemed property of the state upon revocation or nonrenewal of the charter after all legal debts owed to third parties are satisfied.
(3) The state shall hold a preferred security interest in the funds received under this section as provided under subsection (d) of this section or the amount of funds no longer needed.
(f) This section does not entitle or subject an open-enrollment public charter school to the Arkansas Public School Academic Facilities Funding Act, § 6-20-2501 et seq., or the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq.
(g) The Commission for Arkansas Public School Academic Facilities and Transportation may promulgate rules to implement this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This chapter may be cited as the “Individuals with Disabilities Education Act”.
**(b) Omitted**
**(c) Findings** Congress finds the following:
(1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.
(2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because—
(A) the children did not receive appropriate educational services;
(B) the children were excluded entirely from the public school system and from being educated with their peers;
(C) undiagnosed disabilities prevented the children from having a successful educational experience; or
(D) a lack of adequate resources within the public school system forced families to find services outside the public school system.
(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities.
(4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities.
(5) Almost 30 years of research and experience has
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1400
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1400. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 927
TITLE 20—EDUCATION
§ 1400
Section 1393e, Pub. L. 88–210, title I, § 196, as added
Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88
Stat. 609, set forth application requirements for grants
and contracts for bilingual vocational training pro-
grams.
Section 1393f, Pub. L. 88–210, title I, § 197, as added
Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88
Stat. 609; amended Pub. L. 94–482, title V, § 501(j)(2), Oct.
12, 1976, 90 Stat. 2237, set forth criteria for approval by
Commissioner of applications for grants and contracts
for bilingual vocational training programs.
CHAPTER 33—EDUCATION OF INDIVIDUALS
WITH DISABILITIES
SUBCHAPTER I—GENERAL PROVISIONS
Sec.
1400.
Short title; findings; purposes.
1401.
Definitions.
1402.
Office of Special Education Programs.
1403.
Abrogation of State sovereign immunity.
1404.
Acquisition of equipment; construction or al-
teration of facilities.
1405.
Employment of individuals with disabilities.
1406.
Requirements for prescribing regulations.
1407.
State administration.
1408.
Paperwork reduction.
1409.
Freely associated States.
SUBCHAPTER II—ASSISTANCE FOR EDUCATION
OF ALL CHILDREN WITH DISABILITIES
1411.
Authorization; allotment; use of funds; au-
thorization of appropriations.
1412.
State eligibility.
1413.
Local educational agency eligibility.
1414.
Evaluations, eligibility determinations, indi-
vidualized education programs, and edu-
cational placements.
1415.
Procedural safeguards.
1416.
Monitoring, technical assistance, and en-
forcement.
1417.
Administration.
1418.
Program information.
1419.
Preschool grants.
SUBCHAPTER III—INFANTS AND TODDLERS WITH
DISABILITIES
1431.
Findings and policy.
1432.
Definitions.
1433.
General authority.
1434.
Eligib
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1400
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1400. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter.
**(b) Certain conditions** Under this chapter, the term “disability” shall not include—
(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or pyromania; or
(3) psychoactive substance use disorders resulting from current illegal use of drugs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12101
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 12101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 8237
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12101
read as follows: ‘‘The plan shall accompany the Presi-
dent’s annual budget submission to the Congress.’’
Statutory Notes and Related Subsidiaries
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of law requiring submittal to Congress of any annual,
semiannual, or other regular periodic report listed in
House Document No. 103–7 (in which reports required
under subsecs. (a) and (b) of this section are listed as
the 20th item on page 84 and the 19th item on page 86),
see section 3003 of Pub. L. 104–66, as amended, set out
as a note under section 1113 of Title 31, Money and Fi-
nance.
§ 12007. No antitrust immunity or defenses
Nothing in this chapter shall be deemed to
convey to any person, partnership, corporation,
or other entity immunity from civil or criminal
liability under any antitrust law or to create de-
fenses to actions under any antitrust law. As
used in this section, ‘‘antitrust laws’’ means
those Acts set forth in section 12 of title 15.
(Pub. L. 101–218, § 10, Dec. 11, 1989, 103 Stat. 1869.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 101–218, Dec. 11, 1989, 103
Stat. 1859, known as the Renewable Energy and Energy
Efficiency Technology Competitiveness Act of 1989,
which is classified principally to this chapter. For com-
plete classification of this Act to the Code, see Short
Title note set out under section 12001 of this title and
Tables.
CHAPTER 126—EQUAL OPPORTUNITY FOR
INDIVIDUALS WITH DISABILITIES
Sec.
12101.
Findings and purpose.
12102.
Definition of disability.
12103.
Additional definitions.
SUBCHAPTER I—EMPLOYMENT
12111.
Definitions.
12112.
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12101
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 12101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-15-2105. School rating system — School ratings and performance category level measurement — Publication.
(a) School performance category level designations or ratings shall apply to each school's achievement for the year in which the achievement is measured.
(b)(1) Each school's designation or rating shall be published annually by the Division of Elementary and Secondary Education and by the school district and shall be available on the division's website.
(2) Each parent and guardian is entitled to an easy-to-read written report describing the designation or rating of the school in which his or her child is enrolled.
(3) Effective with the 2014-2015 school year, the report required under this section shall identify the levels of improvement and performance on the report as:
(A) “A” for schools that are rated “exemplary” by the Division of Elementary and Secondary Education, Level 5 under § 6-15-2102 [repealed], or Level 5 under § 6-15-2103;
(B) “B” for schools that are rated “achieving” by the division, Level 4 under § 6-15-2102 [repealed], or Level 4 under § 6-15-2103;
(C) “C” for schools that are rated “needs improvement” by the division, Level 3 under § 6-15-2102 [repealed], or Level 3 under § 6-15-2103;
(D) “D” for schools that are rated “needs improvement — focus” by the division, Level 2 under § 6-15-2102 [repealed], or Level 2 under § 6-15-2103; and
(E) “F” for schools that are rated “needs improvement — priority” by the division, Level 1 under § 6-15-2102 [repealed], or Level 1 under § 6-15-2103.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-15-2105
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 6-15-2105. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-15-2915. School district classification as in need of Level 5 — Intensive support — Student transfer eligibility.
(a) The State Board of Education shall promulgate rules governing the classification of public school districts as in need of Level 5 — Intensive support and the support to be provided.
(b) The Division of Elementary and Secondary Education shall notify in writing the public school district superintendent and the president of the public school district board of directors of the recommendation to the state board for classification as in need of Level 5 — Intensive support.
(c)(1) A public school district recommended for classification as in need of Level 5 — Intensive support may appeal to the state board by filing a written appeal with the Commissioner of Elementary and Secondary Education in accordance with the procedure established in the rules of the state board.
(2) A public school district shall be classified as in need of Level 5 — Intensive support and receive support upon final determination by the state board.
(3) A public school district may appeal the state board's final determination to the Pulaski County Circuit Court under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(d) A student attending a public school district classified as in need of Level 5 — Intensive support may transfer under the Arkansas Opportunity Public School Choice Act, § 6-18-227, to another public school district that is not classified as in need of Level 5 — Intensive support.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-15-2915
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 6-15-2915. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-20-1901. Title.
This subchapter shall be known as and may be cited as the “Arkansas Fiscal Assessment and Accountability Program”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-20-1901
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 6-20-1901. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-23-501. Funding for open-enrollment public charter schools.
(a)(1) An open-enrollment public charter school shall receive funds equal to the amount that a public school would receive under § 6-20-2305(a) and (b) as well as any other funding that a public charter school is entitled to receive under law or under rules promulgated by the State Board of Education.
(2)(A) For the first year of operation, the first year operating under a new license, the first year adding a new campus, and in any year a grade is added at any campus, the foundation funding and enhanced educational funding for an open-enrollment public charter school is determined as follows:
(i) The initial funding estimate shall be based on enrollment as of July 1 of the current school year;
(ii) In December, funding will be adjusted based upon the first quarter average daily membership; and
(iii) A final adjustment will be made after the current three-quarter average daily membership is established.
(B) For the second year and each school year thereafter, the previous year's average daily membership will be used to calculate foundation funding and any enhanced educational funding amounts.
(3) Enhanced Student Achievement Funding under § 6-20-2305(b)(4) shall be provided to an open-enrollment public charter school as follows:
(A) For the first year of operation, the first year operating under a new license, the first year adding a new campus, and in any year when a grade is added at any campus, free or reduced-price meal eligibility data as reported by October 1 of the current school year will be used to calculate the Enhanced Student Achievement Funding under the state board rules governing special needs funding; and
(B) For the second year and each school year of operation thereafter, th
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-23-501
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 6-23-501. This identifies an authority to review, not proof of applicability.