(a)

1. (1) Upon approval of an ABC Program application, the order of funding shall be based on criteria stated in the Arkansas Better Chance Program Act, Arkansas Code § 6-45-101 et seq., which includes areas of the state containing:

   1. (A) Schools reported with a state letter grade of a D or an F in the preceding two (2) school years, that have seventy-five percent (75%) or more students scoring below proficiency level on the primary state assessment (math and literacy) in the preceding two (2) school years; and
   2. (B) School districts designated by the State Board of Education as being in Level 5 — Intensive support or fiscal distress.

2. (2) Other factors determining areas to be funded may include the:

   1. (A) Socioeconomic status of the service area; and
   2. (B) Availability of existing quality preschool services in an area.

(b)

1. (1) Any program funded through the ABC Program shall work in collaboration with the Division of Elementary and Secondary Education, the Office of Early Childhood, Early Childhood Local Leads, local businesses, and other early childhood providers (school districts, education cooperatives, Head Start, home visiting, private and nonprofit providers, and others) to ensure that all eligible children are served in the most suitable environment.

2. (2) This collaboration shall include, but is not limited to:

   1. (A) Participation in and, or, or facilitation of local early childhood meetings; and
   2. (B) Referring families to other programs when appropriate.

(c)

1. (1) The required local forty percent (40%) match may include only the cost of providing necessary services for ABC Program children.
2. (2) Matching funds may be cash or in-kind.

(d) State ABC Program funding (sixty percent (60%)) for the core components of the program may include salaries and fringe for staff giving:

1. (1) Direct services to ABC Program children;
2. (2) Professional development;
3. (3) Child assessment;
4. (4) Developmental screening;
5. (5) Meaningful parent and community engagement activities;
6. (6) Proven curricula and learning processes;
7. (7) Transportation; and
8. (8) Administration.

(e)

1. (1) The ABC Program funding award is based upon projected child enrollment from the previous year’s October enrollment.
2. (2) Programs will be paid monthly based on enrollment and the number of full days offered.
3. (3) During the year, programs shall be reviewed to ensure compliance with child enrollment and attendance policies.

4. (4) An ABC Program found to be enrolling ineligible children shall be:

   1. (A) Required to repay applicable funds to the division; and
   2. (B) Subject to all collection proceedings allowed by law.
5. (5) Funds may be withheld from future payments to satisfy repayment.
6. (6) Overpayments or the amount of any end-of-year carry-over funds shall be repaid to the division.

(f)

1. (1) The division shall not be responsible for sending out additional or late payments due to failure of agency to enter attendance and submit billing in the required state data portal for monthly payments.
2. (2) The division will assume any payments not disputed within thirty (30) days of receipt shall be correct.
3. (3) The division cannot retroactively pay any agency for previous-year services.