(a)

1. (1) The Division of Elementary and Secondary Education shall notify in writing any public school district superintendent and president of the public school district board of directors of the recommendation to the State Board of Education for classification as in need of Level 5 – Intensive support.
2. (2) The district shall have the right to appeal to the state board by filing a written appeal with the office of the Commissioner of Elementary and Secondary Education via certified mail, return receipt requested, within twenty (20) calendar days of receipt of the written notice prior to being classified as a school district in need of Level 5 – Intensive support.
3. (3) The state board shall hear the appeal of the public school district within sixty (60) days of receipt of the written appeal in the office of the Commissioner of Elementary and Secondary Education.
4. (4) The written appeal shall state in clear terms the reason or reasons why the public school district should not be classified as in need of Level 5 – Intensive support.

5. (5) The following procedures shall apply to state board hearings involving public school districts that appeal the division’s recommendation to classify the school district in need of Level 5 – Intensive support:

   1. (A) Documentation for consideration by the state board during the appeal hearing shall be submitted to the division no later than fifteen (15) days prior to the date of the hearing;
   2. (B) All persons wishing to testify before the state board shall first be placed under oath by the Chair of the State Board of Education;
   3. (C)

(i) The division shall have up to twenty (20) minutes to present its case to the state board, including rebuttal.

1. (ii) The chair may allow additional time if necessary;

   1. (D)

      1. (i) The appealing public school district shall have up to twenty (20) minutes to present its case to the state board as to why the school district should not be classified as in need of Level 5 – Intensive support.
      2. (ii) The chair may allow additional time if necessary;
   2. (E) The state board may pose questions to any party at any time during the hearing;
   3. (F) The state board shall then discuss, deliberate, and vote upon the matter of the classification;
   4. (G) If it deems necessary, the state board may take the matter under advisement and announce its decision at a later date provided that all discussions, deliberations, and votes upon the matter take place at a public hearing; and
   5. (H) The state board shall issue a written order concerning the matter.
2. (6) A public school district classified as in need of Level 5 – Intensive support shall receive support upon final determination by the state board.
3. (7) A public school district may appeal the state board’s final decision to the Pulaski County Circuit Court pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

(b)

1. (1) The division shall develop a district improvement/exit plan for each district classified as in need of Level 5 – Intensive support.

2. (2)

   1. (A) The district improvement/exit plan shall be developed in collaboration with the governing body of the district, including the district leadership team and local public school board if applicable, and the division.

   2. (B) The plan shall contain, at a minimum, the following elements:

      1. (i) Identification of each criterion for improvement;
      2. (ii) Specific expectations for exit criteria;
      3. (iii) Specific corrective action steps for each criterion for improvement;
      4. (iv) A timeline for the completion of each corrective action step;
      5. (v) Specific measurements for:

(b) (b) Monitoring of implementation; and

1. (vi) A specific timeline for:

(b) (b) Monitoring of implementation.

1. (C)

   1. (i) The division may edit, amend, update, or replace the plan at any time deemed appropriate.

      1. (ii) The district shall be given notice of the edited, amended, updated, or replacement plan criteria.
2. (3) The division will provide quarterly reports to the state board regarding progress of the district toward meeting the identified criteria for exiting Level 5 — Intensive support.
3. (4) The state board shall review the progress of the district toward improving the issues that caused classification and implementation of the district improvement/exit plan.

4. (5)

   1. (A) The state board may approve that the exit criteria has been met and remove the district from Level 5 – Intensive support and place the district in Level 4 – Directed support for one (1) year with:

      1. (i) Monitoring by the division; and
      2. (ii) Quarterly reporting to the state board.

   2. (B) Division monitoring criteria shall include the:

      1. (i) District’s continued stability; and
      2. (ii) Sustainability of previously identified exit criteria.
      3. (c) If a public school district is classified as in need of Level 5 – Intensive support, the state board may:

5. (1) Direct the Commissioner of Elementary and Secondary Education to:

   1. (A) Conduct an analysis of all school district systems; and
   2. (B) Make recommendations for action by the state board; and

6. (2)

   1. (A) Assume authority of the public school district, with the exception of an open-enrollment charter school, and take one (1) or more of the following actions at any time after classification:

      1. (i) Remove permanently, reassign, or suspend on a temporary basis the superintendent of the public school district and:

(b) (b) Authorize the individual to remove, replace, reassign, or suspend public school district personnel in accordance with state laws; and

1. (c) (c) Compensate from public school district funds:
2. (1) (1) The individual appointed to operate the public school district; and

3. (2) (2) Other individuals authorized by the Commissioner of Elementary and Secondary Education;

   1. (ii) Remove permanently or suspend on a temporary basis some or all of the current public school district board of directors and either:

(b) (b) Require the public school district to operate without a board of directors under the supervision of:

1. (1) (1) The superintendent of the public school district; or

2. (2) (2) An individual or panel appointed by the Commissioner of Elementary and Secondary Education; or

   1. (c) (c) Direct the Commissioner of Elementary and Secondary Education to assume some or all authority of the public school district board of directors as may be necessary to operate all public school district systems;

      1. (iii)

(b) (b) The state board shall define the powers and duties of the public school district board of directors.

1. (c) (c) The public school district board of directors shall act in an advisory capacity to the Commissioner of Elementary and Secondary Education regarding all other powers and duties maintained by the Commissioner of Elementary and Secondary Education;

   1. (iv) Require the annexation, consolidation, or reconstitution of the public school district under Arkansas Code § 6-13-1401 et seq., and applicable rules;

      1. (v) Waive provisions of Title 6 and corresponding rules with the exception of:

(b) (b) Conducting criminal background checks for employees; and

1. (c) (c) Health and safety codes as established by:
2. (1) (1) The state board; and

3. (2) (2) Local governmental entities;

   1. (vi) Require reassignment of some or all of the administrative, instructional, or support staff of a public school;

      1. (vii) Require a public school to institute and fully implement a student curriculum based on academic standards;
      2. (viii) Require a public school to provide professional development for teachers and administrators based on the division’s review of educators’ professional growth plans with the cost to be paid by the public school district in which the public school is located;
      3. (ix) Remove one (1) or more public schools from the jurisdiction of the classified school district and establish alternative public governance and supervision of the public school;
      4. (x) Require reorganization, closure, or dissolution of one (1) or more of the public schools within the classified district;
      5. (xi) Take any other necessary and proper action, as determined by the state board, that is allowed by law; and
      6. (xii) Require a structured system of whole child supports through a community school plan as defined by Arkansas Code § 6-15-3002.
   2. (B) If an open-enrollment public charter school is classified as in need of Level 5 – Intensive support, request that the charter authorizer review the school’s charter and determine necessary action.