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006.05.521-VI. SGO Duties

AR ADC 006.05.521-VIArkansas Administrative CodeEffective: June 3, 2022

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 05. Division of Revenues
Rule 521. Philanthropic Investment in Arkansas Kids Program Rules
Effective: June 3, 2022
Ark. Admin. Code 006.05.521-VI
006.05.521-VI. SGO Duties
An SGO shall:
A. Retain records of all Donor contributions for the Program for six (6) years;
B. Communicate to potential Donors when the annual cap has been met;
C. Provide Donors a copy of the Application that is submitted to the Office;
D. Submit Applications to the Office only for Eligible Contributions that have been actually received;
E. Ensure that first-time recipients of educational scholarships are qualified students as defined in Ark. Code Ann. § 6-18-2302(3) and were not continuously enrolled in a private school within the state during the previous school year through the Division or from documentation from the public school provided by the eligible student's parent.
F. Ensure that participating private schools:
1. Annually report student assessment scores and other academic progress of qualified students as defined in Ark. Code Ann. § 6-18-2302(3) to the independent research organization selected by the Division, including without limitation:
a. The number of scholarship receiving students under the Act who were dismissed by a private school that is receiving funds through the Act;
b. The number of scholarship receiving students under the Act who attended a private school with an educational scholarship through the Act and voluntarily returned to a traditional public school if known;
c. The name and accreditation status of private schools that received funds through the Act;
d. The number of students in the program who have taken a nationally recognized norm-referenced test, including an alternate assessment, and received the test results;
e. The number of students in the program who have been exempted from standardized testing requirements under Ark. Code Ann. § 6-18-2306(9)(C)(ii) and had a portfolio developed;
f. The number of students in the program in grades three through ten (3-10) who are not scoring at grade-level as indicated by grade-level equivalency, the percentage of students in the program scoring in each quartile, the lexile score of each student, or other equivalent data for the assessment administered as determined by the Division.
2. Submit a report to the Division annually by June 1, containing the following information based on the previous academic school year:
a. The name and address of the scholarship-granting organization;
b. The total number and total dollar amount of Eligible Contributions the scholarship-granting organization received during the previous calendar year as verified by a certified public accountant;
c. The total number and total dollar amount of educational scholarships awarded to qualified students through the program during the previous calendar year as verified by a certified public accountant; and
d. The total number of qualified students, according to the qualified students' respective resident public school districts, who received an educational scholarship from the scholarship-granting organization under this subchapter during the previous budget year as verified by a certified public accountant.
G.1. If the Division bars an SGO from qualifying as a recipient of Donor funds, the SGO shall notify the affected qualified students who have received educational scholarships under the Act and the affected qualified students' parents or guardians as soon as reasonably practicable upon notice of the disqualification.
2. The SGO shall provide proof of the notification in VI.G.1 to the Division at the same time that the VI.G.1 notification is provided.
H. Provide the Division or the Department of Finance and Administration with all information or records requested as part of any audit or financial review being conducted to ensure compliance with the Act, these Rules, other Arkansas law, or upon a reasonable belief that an SGO has violated the requirements of the Act or these Rules.

Credits

Adopted June 3, 2022.
Current with amendments received through January 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.05.521-VI, AR ADC 006.05.521-VI
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