For the purposes of this part:

1. (1) “Affected district” means a public school district that loses territory or students as a result of:

   1. (A) Annexation;
   2. (B) Consolidation; or
   3. (C) Detachment;

2. (2) “Applicant” includes any individual who must apply to the Identification Bureau of the Division of Arkansas State Police:

   1. (A) For a statewide or nationwide criminal records check or with the Child Maltreatment Central Registry check as a condition for a license issued by the State Board of Education under Arkansas Code § 6-17-410; or
   2. (B) As a condition for employment by an educational entity under Arkansas Code § 6-17-411, § 6-17-414, or § 6-17-421;
3. (3) “Breach of fiduciary trust” means the wrongful misappropriation by a person of any fund or property, which had lawfully been committed to him or her in a fiduciary character;
4. (4) “Division” means the Division of Elementary and Secondary Education of the Department of Education;

5. (5) “Educational entity” means:

   1. (A) The Division of Elementary and Secondary Education; or
   2. (B) An entity that is identified by the Division of Elementary and Secondary Education as a local education agency, except that for a public school operated by a school district, the school district is the educational entity;

6. (6)

   1. (A) “Employment” includes any contract of hire:

      1. (i) Whether written or oral;
      2. (ii) Whether express or implied;
      3. (iii) For any type of work on behalf of an educational entity;
      4. (iv) Whether full-time or part-time; and
      5. (v) Whether permanent or temporary.

   2. (B) “Employment” also specifically includes without limitation:

      1. (i) Service as a substitute teacher, whether paid or unpaid; and
      2. (ii) Student teaching in a supervised clinical practice, whether paid or unpaid.
   3. (C) “Employment” does not include contractors and workers for hire from third-party vendors under the exclusion in subdivision (22)(B) of this section;

7. (7) “Fiscal officer” means any licensed or nonlicensed employee of an educational entity who has any right, duty, or responsibility to access funds of the educational entity in excess of five thousand dollars ($5,000), specifically including without limitation:

   1. (A) Superintendents;
   2. (B) Fiscal officers; and
   3. (C) Bookkeepers;

8. (8) “Fraud” means all acts, omissions, and concealments involving:

   1. (A) A breach of a legal or equitable duty; and
   2. (B) Resulting in damage to another;

9. (9) “Fraudulent act” means an act:

   1. (A) Performed willfully and with the specific intent to deceive or cheat for the purpose of either:

      1. (i) Causing some financial loss to another; or
      2. (ii) Bringing about some financial gain to the actor; and

   2. (B) In which the actor has:

      1. (i) Pleaded guilty or nolo contendere; or

      2. (ii) Been found guilty by:

         1. (a) (a) Any court in this state or another state; or
         2. (b) (b) A federal court;
10. (10) “Initial employment” means the first time that an applicant has been employed by an educational entity;

11. (11) “Law enforcement officer” means a:

    1. (A) State police officer;
    2. (B) City police officer;
    3. (C) Sheriff; or
    4. (D) Deputy sheriff;
12. (12) “Letter of provisional eligibility” means a six-month, nonrenewable letter of provisional eligibility for licensure issued by the State Board of Education to an applicant for first-time licensure during the period that a criminal records check and Child Maltreatment Central Registry check are being conducted;
13. (13) “Noncontinuous reemployment” means employment in an educational entity by an applicant who was previously employed by the same entity but not at any point during the immediately preceding school year;

14. (14)

    1. (A) “Nonlicensed staff position” means a position with an educational entity, in which the position does not require the holder of the position to possess an Arkansas teacher’s license.

    2. (B) “Nonlicensed staff position” includes a:

       1. (i) Parental monitor on a school bus as permitted under Arkansas Code § 6-19-127;

       2. (ii) Staff position for which the nonlicensed staff person is either paid:

          1. (a) (a) Directly by the educational entity; or
          2. (b) (b) By a third-party vendor under contract with the educational entity to staff the position; and
       3. (iii) Designated employee position with the Division of Elementary and Secondary Education;
15. (15) “Preservice teacher” means an unlicensed person accepted or enrolled in a teacher preparation program approved by the Division of Elementary and Secondary Education;
16. (16) “Rap back program” means a state or federal program that provides notification to the Division of Elementary and Secondary Education of an arrest subsequent to an initial background check that is conducted pursuant to this part;

17. (17) “Receiving or resulting public school district” means a public school district that is created or gains territory or students as the result of a:

    1. (A) Consolidation;
    2. (B) Annexation; or
    3. (C) Detachment;

18. (18) “Registered volunteer coach” means a registered volunteer, as defined by Arkansas Code § 6-22-103, who:

    1. (A) Is in the process of obtaining a coaching certificate; or
    2. (B) Will be working with students in an athletic coaching capacity;

19. (19)

    1. (A) “Revocation” means the invalidation of any educator’s license.

    2. (B) The revocation will remain permanently in:

       1. (i) The Division of Elementary and Secondary Education file of the educator; and
       2. (ii) In the files retained by the Professional Licensure Standards Board.
    3. (C) An educator whose license has been revoked may refer to the Division of Elementary and Secondary Education Rules Governing Educator Licensure, 6 CAR pt. 180, on the reinstatement of a revoked license;
20. (20) “State board” means the State Board of Education;
21. (21) “Supervised clinical practice” means the placement of a preservice teacher by a teacher preparation program approved by the Division of Elementary and Secondary Education at the educational entity for the purpose of the student completing an internship or a student teaching experience required by the teacher education program; and

22. (22) “Third-party vendor” (or “outside vendor”) means:

    1. (A) A person or business organization that contracts with an educational entity to provide staffing for:

       1. (i) Nonlicensed positions;
       2. (ii) Positions requiring a license issued by the State Board of Education; and
       3. (iii) Positions where the requirement for a license is waived by the State Board of Education.

    2. (B) “Third-party vendor” does not include a contractor or vendor who is:

       1. (i) Temporarily on an educational entity’s property solely for the purpose of routine maintenance or service; and
       2. (ii) Not filling a staff position.

Codification Notes: This part as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “Source: Ark. Code Ann. §§ 6-17-410, 6-17-411, 6-17-414, 6-17-417, and 6-17-421.”