1. (a) If the number of qualified applicants exceeds the amount of funding appropriated and available, the Department of Education, after consultation with the Arkansas Early Childhood Commission, shall determine funding distribution.

2. (b) Priority for funding shall be given to programs in communities where:

   1. (1) Fifty percent (50%) or more of the students in the resident public school district are eligible for free or reduced-price meals under federal law or regulations governing the United States Department of Agriculture's National School Lunch Program or School Breakfast Program; and

   2. (2) The resident public school district has been classified by the Department of Education as being:

      1. (A) In school improvement or academic distress pursuant to Arkansas Code § 6-15-425 [repealed]; or
      2. (B) A Needs Improvement school district under Department of Education rules adopted pursuant to regulatory flexibility from the provisions of the Elementary and Secondary Education Act granted by the United States Department of Education.
3. (c) Grants shall be three-year awards to be distributed annually, as determined by the Division of Child Care and Early Childhood Education.

4. (d) Grants may be renewed for positive youth development programs that:

   1. (1) Timely submit an application for program approval pursuant to 6 CAR § 4-103; and
   2. (2) Meet adequate performance levels to be developed and published by the Division of Elementary and Secondary Education.

5. (e) Grant funds may be used for:

   1. (1) Services that include children and youth with disabilities in programs that also serve nondisabled children and youth;
   2. (2) Services that include children and youth where English is a second language;
   3. (3) Technical assistance and planning to assist communities seeking to establish quality youth development programs by building community collaboration and partnerships; and

   4. (4) A variety of activities including:

      1. (A) Academic supports and skill-building activities that link program content to the frameworks promulgated by the Division of Elementary and Secondary Education;
      2. (B) Activities that improve the health and wellness of children and youth, including:

6. (i) Physical activities;

   1. (ii) Nutrition and health education; and

      1. (iii) Safety;
      2. (C) Art, theater, and music programs developed in collaboration with local arts or cultural programs;
      3. (D) Activities that address cultural diversity and inclusion;
      4. (E) Service learning or community service experiences;
      5. (F) Workforce development activities that link academic curriculum to actual work experiences;
      6. (G) Leadership development, mentoring, and other services to disconnected youth;
      7. (H) Enrichment activities not otherwise provided during the school day;
      8. (I) Family and community engagement; and
      9. (J) Other research-based activities as approved by the Division of Child Care and Early Childhood Education in consultation with the Division of Elementary and Secondary Education.

7. (f) No grant funds may be used to:

   1. (1) Support religious services, instruction, or programming at any time; or
   2. (2) Impermissibly aid a religiously based or affiliated entity in discharging its religious mission.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules contained an endnote as follows: "Source: Ark. Code Ann. § 6-5-904(d)-(f)."