1. (a) The Division of Elementary and Secondary Education shall establish two (2) tiers of required training that apply to all LEAs in accordance with Arkansas Code § 6-20-2204.
2. (b) Failure to complete the required trainings may result in sanctions in accordance with Arkansas Code § 6-20-2204.

3. (c)

   1. (1) A minimum of two (2) persons per LEA are required to attend the initial and annual Tier I trainings by December 31 of each year, including:

      1. (A) The superintendent or education service cooperative director; and
      2. (B) A person whose job responsibilities include preparing the budget or overall accounting responsibility.
   2. (2) The trainings may be provided by an institution of higher education in this state, the division, the Arkansas Association of School Business Officials, or from another provider approved by the division.

   3. (3)

      1. (A) All providers of Tier I training, except for the division, shall apply and receive preapproval from the division prior to offering the training.
      2. (B) The provider must submit a request for approval that shall include the form and content of the training.
      3. (C) The division will review the request and issue an approval or denial of the training.
      4. (D) If additional information is requested, the provider will be responsible for providing an immediate response in order to gain approval in a timely manner.
      5. (E) If the provider is granted approval to offer the training, division staff shall be allowed to attend all training sessions without being required to pay for registration in order to monitor for quality and completeness.

   4. (4) Approved training sessions may be held throughout the state:

      1. (A) Via distance learning; or
      2. (B) From an online course.

   5. (5)

      1. (A) The provider shall submit a list of all persons who have attended the Tier I training to the division.
      2. (B) The division shall maintain a record of the Tier I instructional hours obtained for each individual.

   6. (6)

      1. (A) Persons failing to obtain required Tier I training by the end of the calendar year and who fail to cure the deficiency by March 1 of the following calendar year without filing a request for an extension shall not be able to continue in their position in accordance with Arkansas Code § 6-20-2204.
      2. (B) The request for an extension must be sent to the division by certified mail, return receipt requested.
      3. (C) The request for an extension must be received by the division prior to March 1.
      4. (D) The request shall include:

4. (i) The reason why the required training was not obtained; and

   1. (ii) A corrective action plan for obtaining the required training in a timely manner.

      1. (E) Unless an extension has been granted, for each person failing to obtain the required training by March 1:

         1. (i) The division shall notify the superintendent or director of the employing LEA and the president of the board of directors by certified mail, return receipt requested;
         2. (ii) The superintendent or director of the employing LEA shall notify the person by certified mail, return receipt requested;
         3. (iii) Any person who has failed to obtain the required training shall be unable to continue in their position from the date of receipt of notification by the superintendent or director of the employing:
5. (a) (a) School district;

6. (b) (b) Open-enrollment charter school; or

   1. (c) (c) Education service cooperative; and

      1. (iv) Any person receiving notification that they are unable to continue in their position solely because of the failure to obtain the required training may request a hearing before the State Board of Education prior to his or her permanent dismissal.

         1. (d)

   2. (1) If the person fails to obtain all required training by December 31, the failure shall constitute:

      1. (A) One (1) citation under the standards for accreditation against the LEA; or
      2. (B) An admonishment to the education service cooperative.
   3. (2) If the person is unable to obtain the required training because of military service or illness as verified by a written sworn statement of the person’s attending physician, the division shall grant an extension permitting additional time to obtain the required training.

   4. (3) The issuance of an extension shall not:

      1. (A) Constitute:

         1. (i) A citation under the standards for accreditation to the LEA; or
         2. (ii) An admonishment to the education service cooperative; and
      2. (B) Operate as a removal of the person from their position.
7. (e) Persons employed as of July 1 must obtain the required training by December 31 of that year.
8. (f) Persons employed after July 1 must obtain the required training by December 31 of the following year.

Codification Notes: "LEA" means local educational agency.