May 14, 2020 at 10:00 AM - State Board of Education
Agenda |
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I. Call to Order
Presenter:
Diane Zook
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II. Pledge of Allegiance
Presenter:
Diane Zook
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III. Recognition
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III.1. National ESEA Distinguished Schools for 2019
Presenter:
Deborah Coffman
Description:
The National Association of ESEA State Program Administrators (NAESPA)—formerly the National Title I Association—has been selecting examples of superior, federally funded school programs for national recognition through the National ESEA Distinguished Schools program (recently renamed from its predecessor, the National Title I Distinguished Schools program) since 1996. These schools demonstrate a wide array of strengths, including team approaches to teaching and learning, and focused professional development opportunities for staff, individualized programs for student success and strong partnerships between the school, parents, and the community.
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III.2. Blue Ribbon Schools for 2019
Presenter:
Deborah Coffman
Description:
The National Blue Ribbon Schools award affirms the hard work of students, educators, families,
and communities in creating safe and welcoming schools where students master challenging and engaging content. The National Blue Ribbon Schools flag gracing a school's building is a widely recognized symbol of exemplary teaching and learning. National Blue Ribbon Schools are an inspiration and a model for schools still striving for excellence.
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IV. Changes to the Agenda
Presenter:
Diane Zook
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V. Consent Agenda
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V.1. Minutes
Presenter:
Tiffany Donovan
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V.2. Newly Employed, Promotions and Separations
Presenter:
Greg Rogers and Clemetta Hood
Description:
The applicant data from this information is used to compile the Applicant Flow Chart forms for the Affirmative Action Report, which demonstrates the composition of applicants through the selecting, hiring, promoting and terminating process. The information is needed to measure the effectiveness of the agency's recruitment, hiring and promotion efforts and is in conformity with federal government guidelines, which require the agency to compile statistical information about applicants for employment.
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V.3. Consideration of Report on Waivers to School Districts for Teachers Teaching Out of Area for Longer than Thirty (30) Days, Ark. Code Ann § 6-17-309
Presenter:
Karli Saracini
Description:
Arkansas Code Annotated §6-17-309 requires local school districts to secure a waiver when classrooms are staffed with unlicensed teachers for longer than 30 days. Requests were received from 11 school districts covering a total of 16 waivers. There were also requests for long-term substitutes from 53 school districts, educational service cooperatives, and behavioral facilities requesting a total of 90 waivers for long-term substitutes. These requests have been reviewed, were either approved or denied by Division staff, and are consistent with program guidelines.
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V.4. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 20-043 Tara Fuller
Presenter:
Amy Douglas
Description:
Violation of Standard 2. An educator maintains competence regarding his or her professional practice, inclusive of professional and ethical behavior, skills, knowledge, dispositions, and responsibilities relating to his or her organizational position. Violation of Standard 3. An educator honestly fulfills reporting obligations associated with professional practices. The Professional Licensure Standards Board Ethics Subcommittee recommends that the State Board order a Written Reprimand; assess a $100.00 fine to be paid within ninety (90) days of the State Board Final Order; required to complete through the ArkansasIDEAS online portal ERC19048: Professional Licensure Standards Board (PLSB): The Code of Ethics Training Video (2018); Educator will provide a written reflection indicating how the standards will impact her professional disposition and practices in the future. To be completed within ninety (90) days of the State Board Final Order. (All costs paid by Educator Fuller).
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V.5. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 20-048 Pamela Draper
Presenter:
Amy Douglas
Description:
Violation of Standard 2. An educator maintains competence regarding his or her professional practice, inclusive of professional and ethical behavior, skills, knowledge, dispositions, and responsibilities relating to his or her organizational position. Violation of Standard 3. An educator honestly fulfills reporting obligations associated with professional practices. Violation of Standard 4. An educator entrusted with public funds and property, including school sponsored activity funds, honors that trust with honest responsible stewardship. The Professional Licensure Standards Board Ethics Subcommittee recommends that the State Board order a One-Year Probation; assess a $200.00 fine to be paid within ninety (90) days of the State Board Final Order; required to complete through the ArkansasIDEAS online portal ERC19048: Professional Licensure Standards Board (PLSB): The Code of Ethics Training Video (2018); The Power Paradox: How We Gain and Lose Influence (208 p.); Author: Dacher Keltner; ISBN 10: 0143110292; ISBN 13: 978-0143110293; Educator will provide a written reflection indicating how these trainings will impact her future interactions with colleagues as well as her professional practice. To be completed within ninety (90) days of the State Board Final Order. (All costs paid by Educator Draper).
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V.6. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 20-065 Randall Barnhill
Presenter:
Amy Douglas
Description:
Violation of Standard 2. An educator maintains competence regarding his or her professional practice, inclusive of professional and ethical behavior, skills, knowledge, dispositions, and responsibilities relating to his or her organizational position. The Professional Licensure Standards Board Ethics Subcommittee recommends that the State Board order a Written Reprimand; assess a $100.00 fine to be paid within ninety (90) days of the State Board Final Order; required to complete through the ArkansasIDEAS online portal ERC19048: Professional Licensure Standards Board (PLSB): The Code of Ethics Training Video (2018); AAA Sportsmanship Handbook, specifically Article II: Administration of Interscholastic Events, Section I Superintendent and/or Principal Responsibility, Rule 2: Sportsmanship; Educator will provide a written reflection indicating how these trainings will influence his impact on student athletes as a role model in his administrative capacity. To be completed within ninety (90) days of the State Board Final Order. (All costs paid by Educator Barnhill). (Accepted 4-6-2020)
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V.7. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 20-066 Jared Crisco
Presenter:
Amy Douglas
Description:
Violation of Standard 1. An educator maintains a professional relationship with each student, both in and outside the classroom. Violation of Standard 2. An educator maintains competence regarding his or her professional practice, inclusive of professional and ethical behavior, skills, knowledge, dispositions, and responsibilities relating to his or her organizational position. The Professional Licensure Standards Board Ethics Subcommittee recommends that the State Board order a Written Reprimand; assess a $100.00 fine to be paid within ninety (90) days of the State Board Final Order; required to complete through the ArkansasIDEAS online portal ERC19048: Professional Licensure Standards Board (PLSB): The Code of Ethics Training Video (2018); SPB14008 Behavior is Communication; LAG17029 Success Favors Well-Prepared Adults: Unpacking your Personality Package; Educator will provide a written reflection indicating how these trainings will impact his communication with students in the future. To be completed within ninety (90) days of the State Board Final Order. (All costs paid by Educator Crisco).
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V.8. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 20-079 Jennifer Jackson
Presenter:
Amy Douglas
Description:
Violation of Standard 1. An educator maintains a professional relationship with each student, both in and outside the classroom. Violation of Standard 2. An educator maintains competence regarding his or her professional practice, inclusive of professional and ethical behavior, skills, knowledge, dispositions, and responsibilities relating to his or her organizational position. The Professional Licensure Standards Board Ethics Subcommittee recommends that the State Board order a Six-Month Probation; assess a $150.00 fine to be paid within ninety (90) days of the State Board Final Order; required to complete through the ArkansasIDEAS online portal ERC19048: Professional Licensure Standards Board (PLSB): The Code of Ethics Training Video (2018); TCC14435: Professional Licensure Standards Board (PLSB): Social Media Guidelines; SPB14008 Behavior is Communication; LAG17029 Success Favors Well-Prepared Adults: Unpacking your Personality Package; Educator will provide a written reflection indicating how these trainings will impact her communication and boundaries with students in the future. To be completed within ninety (90) days of the State Board Final Order. (All costs paid by Educator Jackson).
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V.9. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 20-103 Ace Horton
Presenter:
Amy Douglas
Description:
Violation of Standard 2. An educator maintains competence regarding his or her professional practice, inclusive of professional and ethical behavior, skills, knowledge, dispositions, and responsibilities relating to his or her organizational position. Violation of Standard 8. An educator, while on school premises or at school sponsored activities involving students, refrains from: (a) using, possessing, and/or being under the influence of alcohol or unauthorized drugs/substances, possessing items prohibited by law; (b) possessing or using tobacco or tobacco-related products, e-cigarettes, e-liquid, or vapor products; or (c) abusing/misusing prescription medications or other authorized substances as evidenced by impairment. The Professional Licensure Standards Board Ethics Subcommittee recommends that the State Board order a Two-Year Probation; assess a $250.00 fine to be paid within ninety (90) days of the State Board Final Order; required to complete through the ArkansasIDEAS online portal ERC19048: Professional Licensure Standards Board (PLSB): The Code of Ethics Training Video (2018); Continue counseling as previously enrolled; provide quarterly updates from a counselor to be reported to the PLSB indicating Educator’s participation and improvement; Educator will provide quarterly written reflections indicating how counseling is impacting his role as an Educator and his future behavior. To be completed within ninety (90) days of the State Board Final Order. (All costs paid by Educator Horton). (Accepted 4/15/2020)
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V.10. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 20-114 Blake Davis
Presenter:
Amy Douglas
Description:
On March 6, 2020, the Professional Licensure Standards Board Ethics Subcommittee authorized an investigation into allegations against Mr. Blake Davis. On March 16, 2020, Mr. Blake Davis contacted the PLSB office requesting to surrender his teaching license as an alternative to a formal investigation. Mr. Blake Davis returned a signed notarized copy of the consent to surrender letter to the PLSB office via email on March 16, 2020.
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V.11. Consideration of the Recommendation of the Professional Licensure Standards Board for Case # 20-090 Zachary Nidiffer
Presenter:
Amy Douglas
Description:
Violation of Standard 1. An educator maintains a professional relationship with each student, both in and outside the classroom. Violation of Standard 2. An educator maintains competence regarding his or her professional practice, inclusive of professional and ethical behavior, skills, knowledge, dispositions, and responsibilities relating to his or her organizational position. Violation of Standard 4. An educator entrusted with public funds and property, including school sponsored activity funds, honors that trust with honest responsible stewardship. The Professional Licensure Standards Board Ethics Subcommittee recommends that the State Board order a Six-Month Suspension; assess a $300.00 fine to be paid within 30 days before the end of the suspension; required to complete through the ArkansasIDEAS online portal ERC19048: Professional Licensure Standards Board (PLSB): The Power Paradox: How We Gain and Lose Influence (208 p.), Author: Dacher Keltner, ISBN 10: 0143110292 ISBN 13: 978-0143110293; Educator will provide a written reflection on his responsibility as an educator to keep his relationships with students professional. To be completed within thirty (30) days of the State Board Final Order. All costs paid by Educator Nidffer). (Accepted 4/15/2020).
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V.12. Ashdown School District Act 1240 Annual Progress Report
Presenter:
Kelly McLaughlin
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VI. Action Agenda A. 10:00 a.m.
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VI.1. State Board Hearing - Request for Waiver- LA 20-04; Zachary Nidiffer
Presenter:
Jennifer Link
Description:
The Arkansas Department of Education received information that educator was found guilty of Endangering the Welfare of a Minor 2nd Degree Ark. Code Ann 5-27-206. The offense is a disqualifying offense pursuant to Ark. Code Ann. § 6-17-410. The educator is requesting a waiver.
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VI.2. State Board Hearing of Revocation of License LA 20-03-Blake Barrow
Presenter:
Jennifer Link
Description:
The Arkansas Department of Education received information that educator’s license was revoked in the State of Missouri. Ark. Code Ann. § 6-17-410 authorizes the Board to revoke, suspend, or place on probation an educator’s license for “cause’. Ark. Code Ann. § 6-17-410 provides that “cause” is defined as having a license revoked in another state. The Department is recommending that Mr. Barrow’s license be revoked.
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VI.3. State Board Review of PLSB 20-016 Ethics Subcommittee Recommendation- Bobby Max Pennington
Presenter:
Taylor Dugan and Amy Douglas
Description:
Mr. Pennington holds a teacher’s license issued by the State Board. The Rules Governing the Code of Ethics for Arkansas Educators provides that the State Board may remove a PLSB recommendation for further review. The review will be placed on the action agenda for its next available regularly scheduled monthly board meeting. Mr. Pennington’s case was moved from the February agenda to the May agenda for further review. Mr. Pennington is represented by attorney Mr. Greg Alagood.
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VI.4. Request for Transfer of Succeed Scholarship
Presenter:
Courtney Salas-Ford
Description:
The ADE Rules Governing the Succeed Scholarship Program require the parent of a student receiving a Succeed Scholarship who wishes to enroll the student in another private school from the list of eligible private schools, to request approval from the State Board of Education. The Yandell family requests approval to transfer their scholarship from St. Joseph Catholic School to Prism Education Center.
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VI.5. Consideration of Charter Authorizing Panel Decisions
Presenter:
Kelly McLaughlin
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VI.5.a. Request for Open-Enrollment Charter School Amendment: Future School of Fort Smith
Presenter:
Kelly McLaughlin
Description:
On April 14, 2020, representatives of Future School of Fort Smith appeared before the Charter Authorizing Panel requesting an amendment to their charter. By a unanimous vote, the Panel approved the request. No request for the State Board of Education to review the Panel decision has been submitted. The State Board may exercise a right of review and conduct a hearing on the Charter Authorizing Panel's decision at the next State Board meeting.
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VI.5.b. Request for Open-Enrollment Charter School Amendment: LISA Academy
Presenter:
Kelly McLaughlin
Description:
On April 14, 2020, representatives of LISA Academy appeared before the Charter Authorizing Panel requesting an amendment to their charter. By a unanimous vote, the Panel approved the request. No request for the State Board of Education to review the Panel decision has been submitted. The State Board may exercise a right of review and conduct a hearing on the Charter Authorizing Panel's decision at the next State Board meeting.
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VI.5.c. Request for Open-Enrollment Charter School Amendment: The Excel Center
Presenter:
Tracy Webb
Description:
On April 14, 2020, representatives of The Excel Center appeared before the Charter Authorizing Panel requesting an amendment to their charter. By a unanimous vote, the Panel approved the request. No request for the State Board of Education to review the Panel decision has been submitted. The State Board may exercise a right of review and conduct a hearing on the Charter Authorizing Panel's decision at the next State Board meeting.
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VI.6. Consideration of One-Year Standards for Accreditation Waivers
Presenter:
Tracy Webb
Description:
Due to severe storms that occurred in the state in March, several schools were not able to provide AMI instruction due to a loss of electricity in the community.
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VI.7. District Request for Waivers Granted to Open Enrollment Public Charter Schools:
Presenter:
Kelly McLaughlin
Description:
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VI.7.a. District Request for Waivers Granted to Open Enrollment Public Charter Schools: Norfork School District
Presenter:
Kelly McLaughlin
Description:
According to Arkansas Code Annotated 6-15-103, a school district can petition the State Board of Education for all or some of the waiver granted to an Open-Enrollment Public Charter School. Representatives of the Norfork School District are appearing before the Board with a petition of waivers.
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VI.7.b. District Request for an Extension of Waivers Granted to Open-Enrollment Charter Schools: Forrest City School District
Presenter:
Kelly McLaughlin
Description:
According to Arkansas Code Annotated 6-15-103, a school district can petition the State Board of Education for all or some of the waiver granted to an Open-Enrollment Public Charter School. Representatives of the Western Yell County School District are appearing before the Board with a petition of waivers.
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VI.8. Consideration of Petition for School District Boundary Change: Ozark Mountain School District and Lead Hill School District
Presenter:
Lori Freno
Description:
Pursuant to Ark. Code Ann. § 6-13-1414, the Ozark Mountain School District and Lead Hill School District jointly petitioned the State Board for an order altering boundary lines between the districts. The territory at issue includes two pieces of land north of Bull Shoals Lake that are a part of the OMSD. In their Petition, the Districts seek a State Board Order altering school district boundaries so that these pieces of land will become part of the LHSD.
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VI.9. Perkins V Plan
Presenter:
Dr. Angela Kremers
Description:
The Arkansas Department of Education, Division of Career and Technical Education respectfully requests the Arkansas State Board of Directors ratify the Perkins V State Plan as adopted and approved.
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VI.10. Consideration for Final Approval: Proposed Rules Governing the Arkansas Teacher of the Year Program
Presenter:
Lori Freno
Description:
The State Board released these proposed rules for public comment in October of 2019. Following Governor’s Office approval, they were released for public comment. A public comment hearing was held on April 13, 2020, and the public comment period ended April 20, 2020. Comments received did not result in substantive changes to the proposed rules. DESE staff respectfully requests that the State Board give final approval to these proposed rules pending Arkansas Legislative Council review
and approval.
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VI.11. Consideration for Final Approval: Proposed Rules Governing Public School Student Services (Repeal)
Presenter:
Lori Freno
Description:
The State Board released these proposed rules repeal for public comment in October of 2019. Following Governor’s Office approval, the proposed repeal was released for public comment. A public comment hearing was held on April 13, 2020, and the public comment period ended April 20, 2020. No public comments were received. DESE staff respectfully requests that the State Board give final approval to the repeal of these rules pending Arkansas Legislative Council review and approval.
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VI.12. Consideration for Final Approval: DESE Rules Governing School District Requirements for Personnel Policies, Salary Schedules, Minimum Salaries, and Documents Posted to District Websites
Presenter:
Mary Claire Hyatt
Description:
On September 13, 2019, the Board approved these rules for release for public comment. A public comment hearing was held on March 11, 2020, and the public comment period expired on March 27, 2020. No substantive changes were made subsequent to the public comment period. DESE respectfully requests final approval for these Rules.
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VI.13. Consideration for Final Approval: DESE Rules Governing Act 1240 Waivers
Presenter:
Mary Claire Hyatt
Description:
A virtual public comment hearing was held on April 13, 2020. The public comment period expired on April 20, 2020. No substantive changes were made to the Rules after the public comment period. DESE respectfully requests the Board's final approval.
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VI.14. Consideration of Final Approval: DESE Rules Governing Kindergarten through 12th Grade Immunization Requirements in Arkansas Public Schools
Presenter:
Mary Claire Hyatt
Description:
A virtual public comment hearing was held on April 13, 2020. The public comment period expired on April 20, 2020. No substantive changes were made to the Rules after the public comment period. DESE respectfully requests the Board's final approval.
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VI.15. Consideration for FInal Approval: DESE Rules Governing Scoliosis Screening
Presenter:
Taylor Dugan
Description:
ACT 843 of 2019 transferred these rules from the Department of Health to the Department of Education. A public comment hearing was held on February 12, 2020 Public comments were received, but resulted in no substantive changes to the Rules. DESE staff respectfully request the State Board grant final approval of these Rules.
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VI.16. Consideration for Final Approval: DESE Rules Governing Home Schools
Presenter:
Taylor Dugan
Description:
These Rules have been amended to incorporate the changes of Act 429 and 430 of 2019. A public comment hearing was held on October 28, 2019. Public comments were received, but resulted in no substantive changes to the Rules. DESE staff respectfully request the State Board grant final approval of these Rules.
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VI.17. Consideration for Final Approval: DESE Rules The Code of Ethics for Arkansas Educators
Presenter:
Taylor Dugan
Description:
These Rules have been amended to incorporate the changes of Act 475 of 2019. A public comment hearing was held on November 18, 2019. Public comments were received, but resulted in no substantive changes to the Rules. DESE staff respectfully request the State Board grant final approval of these Rules.
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VI.18. Consideration for Final Approval: DESE Rules Governing Background Checks
Presenter:
Taylor Dugan
Description:
These Rules have been amended to incorporate the changes of Act 536 and 1040 of 2019. A public comment hearing was held on February 12, 2020. Public comments were received, but resulted in no substantive changes to the Rules. DESE staff respectfully request the State Board grant final approval of these Rules.
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VI.19. Consideration for Final Approval: DESE Rules Governing Financial Incentives for National Board for Professional Teaching Standards
Presenter:
Taylor Dugan
Description:
These Rules have been amended to clarify the National Board for Professional Teaching Standards program. A public comment hearing was held on December 9, 2019. Public comments were received, but resulted in no substantive changes to the Rules. DESE staff respectfully request the State Board grant final approval of these Rules.
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VI.20. Consideration for Final Approval: DESE Rules Governing Educator Licensure
Presenter:
Taylor Dugan
Description:
These Rules have been amended to incorporate the changes of Acts 83, 540, and 628 of 2019. A public comment hearing was held on November 18, 2019. Public comments were received, but resulted in no substantive changes to the Rules. DESE staff respectfully request the State Board grant final approval of these Rules.
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VI.21. Consideration for Final Approval: DESE Rules Governing Student Special Needs Funding
Presenter:
Courtney Salas-Ford
Description:
The State Board released these proposed rules for public comment on September 13, 2019. Following Governor’s Office approval, they were released for public comment. A public comment hearing was held on April 13, 2020, and the public comment period ended April 20, 2020. Comments received did not result in substantive changes to the proposed rules. DESE staff respectfully requests that the State Board give final approval to these proposed rules pending Arkansas Legislative Council review
and approval.
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VI.22. Consideration for Final Approval: DESE Rules Governing the Succeed Scholarship Program
Presenter:
Courtney Salas-Ford
Description:
The State Board released these proposed rules for public comment on September 13, 2019. Following Governor’s Office approval, they were released for public comment. A public comment hearing was held on April 13, 2020, and the public comment period ended April 20, 2020. Comments received did not result in substantive changes to the proposed rules. DESE staff respectfully requests that the State Board give final approval to these proposed rules pending Arkansas Legislative Council review
and approval.
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VI.23. Election of SBE Officers
Presenter:
Diane Zook
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VII. New Business
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VII.1. Discussion of State Board Operating Procedures
Presenter:
Mary Claire Hyatt
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VIII. Reports
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VIII.1. State Board Member Reports/Comments
Presenter:
State Board Members
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VIII.2. Commissioner's Report
Presenter:
Secretary Key
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IX. Public Comments
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X. Adjournment
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