6 CAR § 90-108 – Violations of the Right to Read Act

(a)
1. (1) A public school district, including an open-enrollment public charter school, that violates the Right to Read Act, Arkansas Code § 6-17-429, this part, or both:
  1. (A) Shall be in violation of the Rules Governing Standards for Accreditation of Arkansas Public Schools and School Districts, 6 CAR pt. 61; and
  2. (B) May be placed in probationary status by the Division of Elementary and Secondary Education.
2. (2) Compliance with this part shall be monitored by:
  1. (A) Desk monitoring;
  2. (B) Onsite monitoring; and
  3. (C) Monitoring of eFinance.
(b) A public school district, including an open-enrollment public charter school, placed in probationary status under subsection (a) of this section shall send written notification to the parents of the students in the public school district of the reason for being placed in probationary status.
(c) A provider of a state-approved educator preparation program, graduate program, or alternative preparation program that does not comply with the requirements of the Right to Read Act, this part, or both may be subject to penalties up to and including having the provider's approval status revoked.
(d) A public school district, including an open-enrollment public charter school, shall not use a program of instruction for students in kindergarten through grade two (K-2) that is based in any practice or intervention program that utilizes:
1. (1) The three-cueing system model of reading;
2. (2) Visual memory as the primary basis for teaching word recognition; or
3. (3) The three-cueing system model of reading based on meaning, structure and syntax, and visual, also known as MSV.
(e)
1. (1) Beginning with the 2023-2024 school year, if the state board determines that a public school district, including an open-enrollment public charter school, has violated subsection (d) of this section, the state board shall notify the public school district of its violation.
2. (2) If a public school district, including an open-enrollment public charter school, fails to remedy its violation under subsection (d) of this section within sixty (60) days of notification of its failure to comply, the state board shall direct the division to withhold a maximum of ten percent (10%) of the monthly distribution of state foundation funding aid to the public school district as provided under Arkansas Code § 6-20-2305(a)(1)(B).
3. (3) Once the state board determines that a public school has complied with Section 9.04, the division shall restore the monthly distribution of state foundation funding aid to the public school district to its original amount before the reduction was made under Section 9.05.01.