Summary of Omnibus Act

Act 1467: Omnibus Quality Education Act of 2003

Establishes Enforcement of Standards of Accreditation

• State Board of Education may waive any standard for up to a year except in curriculum, student performance, school performance, or law.
• School Districts fail to meet the state standards if the districts receives a "P" (probationary) for state accreditation.
• Individual schools fail to meet the state standards if the school receives a "P" (probationary) for state accreditation.
• School districts and schools will be notified by May 15 of accreditation status based on ability to meet the state standards.
  • Appeals by schools and school districts must be filed by May 30
  • State Board of Education will hear all appeals no later than August 15
    • If a school or district in its second year of probationary status, the Board of Education MAY enforce penalties.
    • If a school or district is in its third year of probationary status, the Board of Education SHALL enforce penalties.
• Penalty Options
  • Reorganize or reassign staff
  • Implement specific curriculum/professional development
  • Alternative school governance
  • Dissolve a school
  • Annex district or parts of district
  • Consolidate district or parts of district
  • Reconstitute superintendent or board
  • Other appropriate action
  • Rules and regulations adopted detailing which standards are "P" (probationary) and which are "C" (citations)
    • Two consecutive years of "C" in any one standard equates to a "P" for that standard

Stricter Implementation of Arkansas Comprehensive Testing, Assessment, and Accountability Program (ACTAAP)

• All students shall have an equal opportunity to demonstrate proficiency
• The state will utilize a single accountability system
• Implementation of a developmentally appropriate kindergarten screening (04-05)
  • Same instrument mandated for all schools
• Implementation of a developmentally appropriate reading and math assessment for Grades 1-2
  • Same instrument mandated for all schools
• Criterion-referenced tests for accountability (rules and regulations specify grades/subjects)
  • Grades 3-8 reading and math
  • Grades 4, 6, 8 science
  • End of course Algebra I, Geometry, Literacy (11), Biology
• Norm-referenced tests for reporting (rules and regulations specify grades)
  • Grades 5 and 9 in reading and math
• Board of Education is responsible for an external review of standards
• Department of Education is responsible for compiling longitudinal and trend data to improve student and school performance
• Rules and regulations
  • No Child Left Behind
    • Districts and schools in school improvement (not meeting what is called Annual Yearly Progress (AYP)
      • Year 1 not AYP - "Alert"
      • Year 2 not AYP - "School Improvement"
        • Public School Choice mandated
        • Instructional supplemental services optional
      • Year 3 not AYP - "School Improvement"
        • Choice and supplemental services mandated
      • Year 4 not AYP - "Corrective Action"
      • Year 5 not AYP - "Reconstitution"
  • Districts in academic distress
    • 75% or more of students "below basic" collectively on all criterion-referenced tests for all schools
    • Year 1 notify - Board MAY penalize in Year 2
    • Year 2 notify - Board MAY penalize in Year 3
    • Year 3 notify - Board SHALL penalize in year 4 (except circumstances beyond district or school control)
    • Year 4 penalties in process
    • Penalty options
      • Superintendent authority removed/restricted
      • Suspend or remove local board members
      • Completely remove local board authority
      • Waive law or rules and regulations (except Teacher Fair Dismissal and Public School Employee Fair Hearing)
      • Annex, consolidate, or reconstitute district (mandated in Year 4)
      • Other appropriate action
    • Students automatically qualify for public school choice to contiguous districts who are performing
      • No July 1 deadline for application
      • Other requirements of school choice law apply
      • Resident district responsible for cost of transportation

Stronger Enforcement of Arkansas Fiscal Assessment and Accountability Program

• Indicators of fiscal distress
  • Declining balance determined to jeopardize fiscal integrity of district OR
  • Any act or violation determined to jeopardize fiscal integrity of district
    • Miscellaneous "material" failures and violations specified
  • Other fiscal condition having detrimental impact on district services
• No fiscal distress district may incur debt without Department of Education approval
• Notification process
  • Year 1 notify - Board MAY penalize in Year 2 (after appeal complete)
  • Year 2 appeal complete by local board - Board MAY penalize in Year 3
  • Year 3 notify - Board SHALL penalize in year 4 (except circumstances beyond district or school control)
  • Year 4 penalties in process
  • Penalty options
    • Superintendent authority removed/restricted
    • Completely remove local board authority
    • Annex, consolidate, or reconstitute district (mandated in Year 4)
    • Other appropriate action

Appeal Process

• Circuit Court for consolidation or annexation actions (Administrative Procedures Act)