Stricken language would be deleted from and underlined language would be added to present law.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36

State of Arkansas 88th General Assembly Fiscal Session, 2012 By: Joint Budget Committee

As Engrossed:

A Bill

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SENATE BILL 51

For An Act To Be Entitled

Subtitle
AN ACT FOR THE DEPARTMENT OF EDUCATION GRANTS AND AID TO LOCAL SCHOOL DISTRICTS APPROPRIATION FOR THE 2012-2013 FISCAL YEAR.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. APPROPRIATION. There is hereby appropriated, to the

Department of Education, to be payable from the Department of Education Public School Fund Account, for grants and aid to local school districts and special programs of the Department of Education for the fiscal year ending June 30, 2013, the following: ITEM NO. (01) (02) (03) (04) 98% URT ACTUAL COLLECTION ADJUSTMENT ADDITIONAL PUBLIC SCHOOL EMPLOYEE HEALTH INSURANCE ADVANCED PLACEMENT INCENTIVE ALTERNATIVE LEARNING 15,000,000 825,000 21,775,797 FISCAL YEAR 2012-2013 $34,500,000

*LEB033*

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As Engrossed: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (37) (32) (33) (34) (35) (36) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28) (29) (30) (31) (05) (06) (07) (08) (09) (10) (11) (12) (13)

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SB51 807,907 193,113 24,375,349 1,688,530 111,000,000 28,455,384 9,415,127 161,000 50,000 1,200,000 2,000,000 69,814,372 25,000 13,963,389 6,024,799 4,760,000 7,575,000 50,000 16,897,920 350,000 6,129,270 12,162,924 8,100,000

ALTERNATIVE PAY ARKANSAS EASTER SEALS ASSESSMENT/END OF COURSE TESTING AT RISK BETTER CHANCE PROGRAM BONDED DEBT ASSISTANCE CONSOLIDATION INCENTIVE CONTENT STANDARDS CONTENTS STANDARDS CURRICULUM FRAMEWORKS COOP EDUCATION TECH CENTERS COORDINATED SCHOOL HEALTH COURT ORDERED DESEGREGATION CRIMINAL BACKGROUND CHECKS DECLINING ENROLLMENT DEPARTMENT OF CORRECTION DISTANCE LEARNING DISTANCE LEARNING OPERATIONS DISTRESSED SCHOOL DISTRICT SUPPORT EARLY CHILDHOOD SPECIAL EDUCATION ECONOMIC EDUCATION EDUCATION SERVICE COOPERATIVES ENGLISH LANGUAGE LEARNERS GENERAL FACILITIES FUNDING GIFTED & TALENTED GRANTS TO SCHOOL DISTRICTS HOME SCHOOL TESTING HUMAN DEVELOPMENT CENTER EDUCATION AID INTERVENTION BLOCK GRANTS ISOLATED FUNDING LEADERSHIP ACADEMY-MASTER PRINCIPAL MASTER PRINCIPAL BONUS NATIONAL BOARD OF PROF TEACHING STANDARDS NATIONAL SCHOOL LUNCH 2

1,335,381
67,856 250,000 526,150 302,000 7,896,000 500,000 90,000 12,016,160 187,235,597 06-30-2011 14:37:33 LEB033

As Engrossed: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (42) (43) (44) (45) (46) (47) (48) (49) (50) (51) (52) (53) (54) (55) (56) (57) (58) (59) (60) (61) (62) (63) (64) (65) (38) (39) (40) (41)

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SB51 50,000 24,244,209 37,273,600 16,345,087 500,000 1,650,000 75,000 25,000,000 390,000 1,716,859 10,666,303 4,145,285 11,000,000 3,000,000 1,904,969,759 500,000 28,500,000 10,000,000 780,000 5,008,758 100,000 2,100,000 6,655,000 3,602,678 500,000 450,000 165,000 200,000

NON-TRADITIONAL LICENSURE PROFESSIONAL DEVELOPMENT FUNDING PUBLIC SCHOOL EMPLOYEE INSURANCE RESIDENTIAL CENTERS/JUVENILE DETENTION SCHOOL FACILITY JOINT USE SUPPORT SCHOOL FOOD SERVICES SCHOOL FOOD-LEGISLATIVE AUDIT SCHOOL FUNDING CONTINGENCY SCHOOL WORKER DEFENSE SERIOUS OFFENDER SMART START/SMART STEP SPECIAL EDUCATION SERVICES SPECIAL EDUCATION-CATASTROPHIC SPECIAL NEEDS ISOLATED FUNDING STATE FOUNDATION FUNDING SUPPLEMENTAL TRANSPORTATION STUDENT GROWTH SUPPLEMENTAL MILLAGE SURPLUS COMMODITIES TEACHER LICENSING/MENTORING TEACHER OF THE YEAR TEACHER RECRUITMENT TEACHER RETIREMENT MATCHING TECHNOLOGY GRANTS TECHNOLOGY IMPROVEMENTS WORKER'S COMPENSATION YOUTH SHELTERS STUDENT SUCCESS RESEARCH DATA PILOT PROGRAM TOTAL AMOUNT APPROPRIATED

$2,707,106,563

SECTION 2. REGULAR SALARIES - ARKANSAS PUBLIC SCHOOL COMPUTER NETWORK. There is hereby established for the Department of Education - Arkansas Public School Computer Network for the 2012-2013 fiscal year, the following maximum number of regular employees.

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As Engrossed: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ITEM NO. (01) (02) (03) Item No. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) Class Code N047N G012C G050C D037C D038C D050C D044C D055C C020C A091C D077C C056C C087C

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SB51 Maximum Annual Maximum No. of Salary Rate Fiscal Year 2012-2013 GRADE N908 GRADE C129 GRADE C126 GRADE C124 GRADE C123 GRADE C122 GRADE C122 GRADE C121 GRADE C116 GRADE C115 GRADE C115 GRADE C112 GRADE C106 1 2 2 5 2 1 1 25 5 1 2 1 1 49

Title ADE APSCN DIRECTOR ADE ASSISTANT TO COMMISSIONER ADE APSCN DIVISION MANAGER ADE APSCN APPLICATIONS MANAGER SENIOR SOFTWARE SUPPORT ANALYST SECURITY ANALYST SYSTEMS ANALYST ADE APSCN FIELD ANALYST STUDENT APPLICATIONS SPECIALIST FISCAL SUPPORT ANALYST HELP DESK SPECIALIST ADMINISTRATIVE SPECIALIST III ADMINISTRATIVE SPECIALIST I

Employees

MAX. NO. OF EMPLOYEES

SECTION 3. APPROPRIATION - ARKANSAS PUBLIC SCHOOL COMPUTER NETWORK. There is hereby appropriated, to the Department of Education, to be payable from the Department of Education Public School Fund Account, for personal services and operating expenses of the Department of Education - Arkansas Public School Computer Network for the fiscal year ending June 30, 2013, the following: FISCAL YEAR 2012-2013 REGULAR SALARIES PERSONAL SERVICES MATCHING MAINT. & GEN. OPERATION (A) OPER. EXPENSE (B) CONF. & TRAVEL (C) PROF. FEES (D) CAP. OUTLAY (E) DATA PROC. 4 19,870,313 7,250 0 200,000 0 06-30-2011 14:37:33 LEB033 $2,476,305 775,547

As Engrossed: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (04) ITEM NO. (01) (02) (03) Item No. (1) (2) (3) Class Code E007C E020C C056C (04)

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SB51 300,000 $23,629,415 There

DATA ACCESS IMPLEMENTATION TOTAL AMOUNT APPROPRIATED

SECTION 4. REGULAR SALARIES - OFFICE OF EDUCATION RENEWAL ZONES.

is hereby established for the Department of Education - Office of Education Renewal Zones for the 2012-2013 fiscal year, the following maximum number of regular employees. Maximum Annual Maximum No. of Title ADE OERZ DIRECTOR ADE OERZ TECHNICAL ASSIST SPECIALIS ADMINISTRATIVE SPECIALIST III Employees 1 3 1 5 There is Salary Rate Fiscal Year 2012-2013 GRADE C126 GRADE C122 GRADE C112

MAX. NO. OF EMPLOYEES

SECTION 5. APPROPRIATION - OFFICE OF EDUCATION RENEWAL ZONES.

hereby appropriated, to the Department of Education, to be payable from the Department of Education Public School Fund Account, for personal services, operating expenses and grants by the Department of Education - Office of Education Renewal Zones for the fiscal year ending June 30, 2013, the following: FISCAL YEAR 2012-2013 REGULAR SALARIES PERSONAL SERVICES MATCHING MAINT. & GEN. OPERATION (A) OPER. EXPENSE (B) CONF. & TRAVEL (C) PROF. FEES (D) CAP. OUTLAY (E) DATA PROC. EDUCATIONAL RENEWAL ZONE GRANTS TOTAL AMOUNT APPROPRIATED 5 91,800 13,000 306,900 0 0 700,000 $1,458,044 06-30-2011 14:37:33 LEB033 $264,536 81,808

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SECTION 6. APPROPRIATION - PUBLIC SCHOOL ATHLETIC TRAINER PILOT PROGRAM GRANTS. There is hereby appropriated, to the Department of Education, to be payable from the Department of Education Public School Fund Account, for Public School Athletic Trainer Pilot Program grants for personal services to provide access to athletic trainers in public schools and to promote the health and safety of students by the Department of Education for the fiscal year ending June 30, 2013, the sum of..............................$200,000. SECTION 7. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS FUND

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.

ALLOCATION. The appropriation for the Isolated Funding line item in Section 1 of this Act may be fully funded. Any funding and appropriation for Isolated Funding that is not utilized shall be transferred to the appropriation for Special Needs Isolated Funding in Section 1 of this Act and shall be used there for fully funding each subsection (c) through (f) of Arkansas Code 6-20-604 on a pro rata basis until the available funds are exhausted. Pro rata basis is defined as providing each district qualifying for additional funding under subsections (c) through (f) a proportionate share based on how each district's additional funding amount bears to the total additional funding amounts for all qualifying districts. If any funding and appropriation remains after funding each subsection (c) through (f) of Arkansas Code 6-20-604 the remaining balance shall be used to fund the provisions of Arkansas Code 6-20-604 (h) on an equal basis until the available funds are exhausted. The provisions of this section shall be in effect only from July 1, 2010 2012 through June 30, 2011 2013. SECTION 8. SPECIAL LANGUAGE. SCHOOL DISTRICTS. NOT TO BE INCORPORATED INTO THE ARKANSAS GRANTS TO

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.

For the purposes of distributing the Grants To School

Districts appropriation in Section 1 of this Act, "school district" means a school district which contracts with a school district in an adjoining state for the education of some of the pupils within the Arkansas school district because the portion of the school district wherein such pupils live is completely separated from the remainder of the school district by a reservoir 6 06-30-2011 14:37:33 LEB033

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covering at least 12,000 acres at normal water level, and where to attend school in their own district, the pupils of said portion would be required to travel or to be transported a distance (measured by the nearest highway or road route) of more than 35 miles round trip and pass through another school district or districts. The Department of Education shall distribute the monies appropriated for Grants to School Districts in Section 1 of this Act to such school districts as reimbursement for expenses incurred in educating the pupils residing in the separated portion of the school district. The payments are to be limited to the amount of available appropriation. Such school districts shall file a request for reimbursement with the Department of Education and provide the Department of Education with such documentation as is deemed necessary. The provisions of this section shall be in effect only from July 1, 2010 2012 through June 30, 2011 2013. SECTION 9. SPECIAL LANGUAGE. EDUCATION SERVICES. NOT TO BE INCORPORATED INTO THE ARKANSAS SPECIAL

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.

The funds appropriated in the line item "Special

Education Services" in Section 1 of this Act shall be used to provide extended year summer programs for handicapped students in need of such services, to provide special education services to foster children who are wards of the State, and to provide funds for the payment of salaries of special education supervisors. The Department of Education shall distribute such funds in the manner necessary to carry out the intent of this Section. The provisions of this section shall be in effect only from July 1, 2010 2012 through June 30, 2011 2013. SECTION 10. SPECIAL LANGUAGE. DESEGREGATION EXPENSES. NOT TO BE INCORPORATED INTO THE ARKANSAS

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. (A) For the fiscal year ending June 30, and for each fiscal year thereafter, the Department of Education shall from time to time as needed, certify to the State Treasurer and the Chief Fiscal Officer of the State, the amount of funds disbursed or approved to be disbursed by the Department of Education for desegregation expenses under any "Desegregation Settlement Agreement". Upon the receipt of such certification, the State Treasurer, after making those deductions as set out in Arkansas Code 19-57 06-30-2011 14:37:33 LEB033

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202(b)(2)(B), shall also deduct from the net general revenues the amount certified and transfer this amount to the Department of Education Public School Fund Account there to be used exclusively for payment of or reimbursement for expenses incurred from the Department of Education Public School Fund Account under any "Desegregation Settlement Agreement". SECTION 11. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. CONSOLIDATION INCENTIVE. The appropriation contained herein for Consolidation Incentive shall be allocated in accordance with rules and regulations established by the State Board of Education. The provisions of this section shall be in effect only from July 1, 2010 2012 through June 30, 2011 2013. SECTION 12. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS The funds appropriated herein for

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. RESIDENTIAL CENTERS/JUVENILE DETENTION. Residential Centers/Juvenile Detention shall be allocated in accordance with rules and regulations established by the State Board of Education. The provisions of this section shall be in effect only from July 1, 2010 2012 through June 30, 2011 2013. SECTION 13. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS TRANSFER

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.

AUTHORITY. The Commissioner of the Department of Education, with the approval of the Chief Fiscal Officer of the State and after approval by the Arkansas Legislative Council or Joint Budget Committee, is hereby authorized to request necessary appropriation transfers and any other budget related adjustments necessary within the Department of Education. two transfer requests during any fiscal year. Determining the maximum number of employees and the maximum amount of appropriation and general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly. This is usually accomplished by delineating such maximums in the appropriation act(s) for a state agency and the general revenue allocations authorized for each fund and fund account by 8 06-30-2011 14:37:33 LEB033 Provided, however, that the Department of Education shall be limited to submitting no more than

As Engrossed: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36

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SB51 Further, the General Assembly

amendment to the Revenue Stabilization law.

has determined that the Department of Education may operate more efficiently if some flexibility is provided to the Commissioner of the Department of Education authorizing broad powers under the Transfer Authority provision herein. Therefore, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee as provided by this section. is not a severable part of this section. The requirement of approval by the Legislative Council or Joint Budget Committee If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court jurisdiction, this entire section is void. The provisions of this section shall be in effect only from July 1, 2010 2012 through June 30, 2011 2013. SECTION 14. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS AETN

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.

DOCUMENTED QUIZ BOWL COSTS. Of the total amount of appropriation and funds authorized herein to the Department of Education - for the Quiz Bowl each fiscal year, an amount not to exceed forty thousand dollars ($40,000) each fiscal year may be made available to the Department of Education Educational Television Division for its documented costs associated with the Quiz Bowl. The provisions of this section shall be in effect only from July 1, 2010 2012 through June 30, 2011 2013. SECTION 15. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. INTERVENTION BLOCK GRANTS FUNDING RESTRICTION. The Department of Education shall make available from the Intervention Block Grants appropriation authorized by this Act, one hundred thousand dollars ($100,000) each fiscal year for the annual expenses of the Quiz Bowl, thirteen thousand five hundred dollars ($13,500) each fiscal year for Creativity in Arkansas, Inc. for grants up to $1,000 each for students and chaperones, thirteen thousand five hundred dollars ($13,500) each fiscal year for Destination Imagination, and one hundred thousand dollars ($100,000) each fiscal year for the State History Day Competition, and seventy-five thousand dollars ($75,000) each 9 06-30-2011 14:37:33 LEB033

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fiscal year for a grant to the Arkansas Science Fair Association for grants to regional and the state science fairs. The Department of Education shall allocate General Revenue funding totaling no less than three hundred two thousand dollars ($302,000) each fiscal year from the Department of Education Public School Fund Account to support the annual expenses of the Quiz Bowl, the Creativity in Arkansas, Inc. for grants up to $1,000 each for students and chaperones, Destination Imagination, the State History Day Competition, and the Arkansas Science Fair Association for grants to regional and state science fairs. The Department shall either expend or have committed for expenditure the monies allocated for the Quiz Bowl, Creativity in Arkansas, Inc., Destination Imagination, the State History Day Competition, and Arkansas Science Fair Association grants as authorized herein in order to fulfill the provisions of this section. The provisions of this section shall be in effect only from July 1, 2010 2012 through June 30, 2011 2013. SECTION 16. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS CODE EAST FUNDING

NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.

PROVISION. Of the total amount appropriated for Technology Grants each fiscal year, an amount of not less than two million dollars ($2,000,000) or eighteen percent (18%), whichever is greater each fiscal year, shall be awarded through a grant or professional services contract for EAST infrastructure, personnel, and operating expenses. The EAST infrastructure grant or contract for personal services and operating expenses shall be awarded to an entity that has personnel or experience, or both, in implementing the EAST Initiative. The provisions of this section shall be in effect only from July 1, 2010 2012 through June 30, 2011 2013. SECTION 17. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS CENTER Of the total

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. FOR QUALITY TEACHING AND LEARNING FUNDING PROVISION.

appropriation authorized by this Act for Technology Grants the Department of Education shall make available one hundred eighty-seven thousand five hundred seventy-five dollars ($187,575) each fiscal year for Center for Quality Teaching and Learning initiatives to teach students computer repair in a 10 06-30-2011 14:37:33 LEB033

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hands-on environment. The Department of Education shall allocate General Revenue funding totaling no less than one hundred eighty-seven thousand five hundred seventy-five dollars ($187,575) each fiscal year from the Department of Education Public School Fund Account to support the Center for Quality Teaching and Learning. The Department shall either expend or have committed for expenditure the monies allocated for the Center for Quality Teaching and Learning in order to fulfill the provisions of this section. The provisions of this section shall be in effect only from July 1, 2010 2012 through June 30, 2011 2013. SECTION 18. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. DISTRESSED SCHOOL DISTRICT SUPPORT. The funds appropriated in the line item "Distressed School District Support" in Section 1 of this Act may be used for technical assistance offered by the Department of Education to school districts in academic distress that can include, but is not limited to, teacher specialists, principal specialists, and other personnel assigned by the department. These funds may also be used for alternative research-based technical assistance or programs. Criteria for selecting and approving alternative research-based technical assistance or programs are to be promulgated as a rule by the State Board of Education, provided that alternative staffing and/or compensation programs for teachers shall be approved by at least a majority of the teachers in the school, schools, or school district participating in the program. The provisions of this section shall be in effect only from July 1, 2010 2012 through June 30, 2011 2013. SECTION 19. SPECIAL LANGUAGE. PROFESSIONAL DEVELOPMENT. NOT TO BE INCORPORATED INTO THE ARKANSAS

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. Of the total amount appropriated for Professional Development Funding, four million dollars ($4,000,000) may be authorized by the Commissioner of the Department of Education to be used by the Department of Education to develop and implement statewide professional development support systems for teachers that will benefit student achievement. The provisions of this section shall be in effect only from July 1, 2010 2012 through June 30, 2011 2013. 11 06-30-2011 14:37:33 LEB033

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SECTION 20. SPECIAL LANGUAGE.

NOT TO BE INCORPORATED INTO THE ARKANSAS

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. RETIREMENT MATCHING. Beginning with the 1996-97 school year, Local School Districts shall pay the teacher retirement employer contribution rate for any eligible employee in accordance with rules and regulations established by the Teacher Retirement Board of Directors. The appropriation contained herein for Teacher Retirement Matching each fiscal year shall be used to provide the employer matching for employees of the Cooperative Education Services Areas, Vocational Centers, Arkansas Easter Seals and the school operated by the Department of Correction. The provisions of this section shall be in effect only from July 1, 2010 2012 through June 30, 2011 2013. SECTION 21. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS OPEN-

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. ENROLLMENT VIRTUAL CHARTER SCHOOL FUNDING RESTRICTIONS.

Regardless of any provision of law to the contrary, no school district shall receive state funding for the 2010-2011 2012-2013 school year for those students who are included in the districts average daily membership for the previous school year but who are attending any open-enrollment charter school that uses internet, long-distance, or virtual technology as the primary method of teaching. The provisions of this section shall be in effect only from July 1, 2010 2012 through June 30, 2011 2013. SECTION 22. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS BETTER

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.

CHANCE PROGRAM ADMINISTRATIVE FEES. The Department of Education is hereby authorized to expend a maximum of two percent (2%) of available funds for administration of the Better Chance Program. Up to 1.8% of available funds shall be used to administer the program and to monitor program grantees to ensure compliance with programmatic standards. Prior to the utilization of the remaining 0.2% of available funds, the Department of Education shall seek prior review and approval of the Arkansas Legislative Council or Joint Budget Committee by providing a written request to include the following: a) the 12 06-30-2011 14:37:33 LEB033

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Department's reason(s) for the use of the funds and b) the amount of funds that will be expended. The Department may contract with the Division of Child Care and Early Childhood Education to administer the program. Determining the maximum number of employees and the maximum amount of appropriation and general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly. This is usually accomplished by delineating such maximums in the appropriation act(s) for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization law. Therefore, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee as provided by this section. The requirement of approval by the Legislative Council or Joint Budget Committee is not a severable part of this section. If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire section is void. The provisions of this section shall be in effect only from July 1, 2010 2012 through June 30, 2011 2013. SECTION 23. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS AVERAGE

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. TEACHER SALARY. The Arkansas Department of Education is requested to

calculate Average Teacher Salary in the Department's Annual Statistical Report to not include extra duty funds. Specifically, the Department is requested to calculate the Average Teacher Salary amount using the National Education Association definitions for Average Salary for Classroom Teachers. The Arkansas Department of Education shall submit this data annually to the National Education Association in accordance with that organization's deadlines for submission for their report "Rankings and Estimates" which includes state-by-state teacher salary comparisons. SECTION 24. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS CARRY

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.

FORWARD. Any unexpended balance of monies allocated for the Arkansas Better Chance for School Success Program remaining on June 30, 2011 2013, in the Department of Education Public School Fund Account shall be designated and 13 06-30-2011 14:37:33 LEB033

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retained for the Arkansas Better Chance for School Success Program. Any carry forward of unexpended balance of funding as authorized herein, may be carried forward under the following conditions: (1) Prior to June 30, 2011 2013 the Agency shall by written statement set forth its reason(s) for the need to carry forward said funding to the Department of Finance and Administration Office of Budget; (2) The Department of Finance and Administration Office of Budget shall report to the Arkansas Legislative Council all amounts carried forward by the September Arkansas Legislative Council or Joint Budget Committee meeting which report shall include the name of the Agency, Board, Commission or Institution and the amount of the funding carried forward, the program name or line item, the funding source of that appropriation and a copy of the written request set forth in (1) above; (3) Each Agency, Board, Commission or Institution shall provide a written report to the Arkansas Legislative Council or Joint Budget Committee containing all information set forth in item (2) above, along with a written statement as to the current status of the project, contract, purpose etc. for which the carry forward was originally requested no later than thirty (30) days prior to the time the Agency, Board, Commission or Institution presents its budget request to the Arkansas Legislative Council/Joint Budget Committee; and (4) Thereupon, the Department of Finance and Administration shall include all information obtained in item (3) above in the budget manuals and/or a statement of non-compliance by the Agency, Board, Commission or Institution. The provisions of this section shall be in effect only from July 1, 2010 2012 through June 30, 2011 2013. SECTION 25. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS PUBLIC

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.

SCHOOL RETIREE HEALTH INSURANCE. The Employee Benefits Division of the Department of Finance and Administration may use up to eleven dollars and twenty cents ($11.20) from each contribution made under Arkansas Code 6-17-1117 (a) to offset the cost of health insurance premiums to eligible members electing to participate in the public school employees' health insurance program as a retiree. 14 06-30-2011 14:37:33 LEB033

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SECTION 26. SPECIAL LANGUAGE. ARKANSAS/STRIVE PROGRAM TRANSFER.

NOT TO BE INCORPORATED INTO THE ARKANSAS The Chief Fiscal Officer of the State

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. shall transfer on his books and those of the State Treasurer and the State Auditor, the sum of two hundred thousand dollars ($200,000) during each fiscal year from the Department of Education Public School Fund Account to the University of Arkansas at Little Rock Fund, specifically to provide funding for the Arkansas/STRIVE Program. The total amount of funds transferred each fiscal year pursuant to this section shall not be subject to any indirect costs by the University of Arkansas at Little Rock. The provisions of this section shall be in effect only from July 1, 2010 2012 through June 30, 2011 2013. SECTION 27. SPECIAL LANGUAGE. INSURANCE. NOT TO BE INCORPORATED INTO THE ARKANSAS HEALTH

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.

The appropriation contained herein for Public School Employee

Insurance each fiscal year shall be used to provide the state contribution for insurance premiums for employees of the Cooperative Education Services Areas, Vocational Centers, and the school operated by the Department of Correction who participate in the Arkansas Public School Life and Health Insurance Program. The provisions of this section shall be in effect only from July 1, 2010 2012 through June 30, 2011 2013. SECTION 28. SPECIAL LANGUAGE. ALTERNATIVE LEARNING ENVIRONMENT. NOT TO BE INCORPORATED INTO THE ARKANSAS The Department of Education may provide

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. funding for Alternative Learning Environment Programs in excess of the regulatory limitation of six (6) hours per day for those programs that operate more than twelve hours per day, in a proportionate manner and upon special request to the Department of Education. The provisions of this section shall be in effect only from July 1, 2010 2012 through June 30, 2011 2013. SECTION 29. SPECIAL LANGUAGE. 15 NOT TO BE INCORPORATED INTO THE ARKANSAS 06-30-2011 14:37:33 LEB033

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CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. public schools, or for abortion services. Funds shall be expended in accordance with Arkansas Code Annotated 6-18-703.

FUND RESTRICTIONS. No state funds shall be used for abortion referral in

The provisions of this section shall be in effect only from July 1, 2010 2012 through June 30, 2011 2013. SECTION 30. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. ADDITIONAL PUBLIC SCHOOL EMPLOYEE HEALTH INSURANCE FUNDING PROVISION. Effective for the plan year beginning October 1, 2010 2012, if ninety-eight percent (98%) of the uniform rate of tax used in the calculation of State Foundation Funding Aid for fiscal year 2010-2011 2012-2013 exceeds nine hundred twenty million seven hundred thirty-one thousand eight hundred nineteen dollars ($920,731,819), the Department of Education shall pay up to fifteen million dollars ($15,000,000) of the total increase over the nine hundred twenty million seven hundred thirty-one thousand eight hundred nineteen dollars ($920,731,819) to the Employee Benefits Division of the Department of Finance and Administration in additional health insurance contributions for eligible employees electing to participate in the public school employees health insurance program administered by the State and Public School Life and Health Insurance Board. The Department of Education shall make the contributions by transferring funds to the division in quarterly installments. Funds provided by the Department of Education to the division under this section shall be administered by the board for the benefit of the employee participants of the public school employees health insurance program. The provisions of this section shall be in effect only from July 1, 2010 2012 through June 30, 2011 2013. SECTION 31. SPECIAL LANGUAGE. follows: (e)(1) Except as provided in subdivision (e)(2) of this section, a school district meeting the requirements of subsection (b) of this section shall receive an amount equal to ten percent (10%) of the foundation funding received by the school district under 6-20-2305(a)(2) based on the three16 06-30-2011 14:37:33 LEB033 Arkansas Code 6-20-604(e) reads as

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quarter average daily membership of the isolated school area under 6-202305(a)(2) if the school district has school facilities open for kindergarten through grade twelve (K-12) in one (1) or more isolated schools meeting the requirements of subsection (b) of this section. (2) A school district shall receive an amount equal to ten percent (10%) of the foundation funding received by the school district under 6-202305(a)(2) based on the three-quarter average daily membership of the isolated school area under 6-20-2305(a)(2) if: (A) The school district has school facilities serving students in any grade in kindergarten through grade twelve (K-12) in one (1) or more isolated schools meeting the requirements of subsection (b) of this section; and (B) July 1, 2008. SECTION 32. SPECIAL LANGUAGE. SUPPLEMENTAL TRANSPORTATION. NOT TO BE INCORPORATED INTO THE ARKANSAS The school district closed an isolated facility serving students in grades seven (7) through twelve (12) between January 1, 2008, and

CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. The Department of Education shall budget, allocate and commit for expenditure five hundred thousand dollars ($500,000) for the appropriation made herein for Supplemental Transportation. The Department shall use such funding to address extraordinary transportation needs of public school districts. The State Board of Education shall promulgate such rules and regulations as may be necessary to implement this provision, which shall be reviewed by the House and Senate Interim Committees on Education.

SECTION 33. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. ARKANSAS GOVERNORS SCHOOL FUNDING. The Department of Education shall allocate, budget and commit for expenditure two hundred fifty thousand dollars ($250,000), in addition to funds already being provided for the Arkansas Governors School, to fund the appropriation authorized from general revenue for the Gifted and Talented program as appropriated in Section 1 herein. With this additional funding the duration of the Arkansas Governors School shall be extended from four (4) weeks to six (6) weeks.
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The provisions of this section shall be in effect only from July 1, 2012 through June 30, 2013.
SECTION 34. COMPLIANCE WITH OTHER LAWS. Disbursement of funds

authorized by this act shall be limited to the appropriation for such agency and funds made available by law for the support of such appropriations; and the restrictions of the State Procurement Law, the General Accounting and Budgetary Procedures Law, the Revenue Stabilization Law, the Regular Salary Procedures and Restrictions Act, or their successors, and other fiscal control laws of this State, where applicable, and regulations promulgated by the Department of Finance and Administration, as authorized by law, shall be strictly complied with in disbursement of said funds. SECTION 35. LEGISLATIVE INTENT. It is the intent of the General

Assembly that any funds disbursed under the authority of the appropriations contained in this act shall be in compliance with the stated reasons for which this act was adopted, as evidenced by the Agency Requests, Executive Recommendations and Legislative Recommendations contained in the budget manuals prepared by the Department of Finance and Administration, letters, or summarized oral testimony in the official minutes of the Arkansas Legislative Council or Joint Budget Committee which relate to its passage and adoption. SECTION 36. EMERGENCY CLAUSE. It is found and determined by the

General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2012 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2012 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2012.

/s/Joint Budget Committee

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