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005.24.1-23. Additional Regulations Concerning the Use of Arkansas Better Chance Program Funds

AR ADC 005.24.1-23Arkansas Administrative Code

West's Arkansas Administrative Code
Title 005. Department of Education
Division 24. Early Childhood
Ark. Admin. Code 005.24.1-23
005.24.1-23. Additional Regulations Concerning the Use of Arkansas Better Chance Program Funds
Currentness
23.01 Purpose: To assure that public funds are spent in compliance with U.S. Const. Amend. I, which prohibits any state or federal “law respecting an establishment of religion, or prohibiting the free exercise thereof.”
23.02 Limitation: This section is not an exhaustive list of criteria to test constitutional sufficiency. The question in every case is whether state funds impermissibly aid a religiously based or affiliated entity in discharging its religious mission. The answer will be controlled by the particular facts of each case.
23.03 Definitions: As used in this Section 23:
23.03.1 “ABC day” means the seven (7) hours beginning with the first ABC activity of the day and includes all activities described in Section 13 of the ABC Program Standards.
23.03.2 “ABC instructional materials” means any tangible thing, such as a book, paper, poster, picture, slide, object, or display; or image or sound that an ABC provider uses to impart knowledge during an ABC day.
23.03.3 “Administrative costs” means:
(a) Salaries (including fringe)-Director and Assistance Director;
(b) Salaries-Housekeeping;
(c) Group Health Insurance;
(d) Child Care Center liability insurance;
(e) Pensions;
(f) Unemployment Taxes;
(g) Worker's Compensation;
(h) Accounting Fees;
(i) Housekeeping Supplies; and
(j) Criminal Background Checks.
23.03.4 “Professional services” means, without limitation, assessment, screening, instruction, and parent/community engagement activities.
23.03.5 “Religious activities” means, without limitation, religious services, prayer, religious rituals, or religious instruction provided or carried out by or under the authority of the ABC program.
23.03.6 “Secular” means not related to religion.
23.04 Conditions of Participation as an ABC Provider:
23.04.1 ABC programs must admit eligible students without regard to race, gender, national origin, ancestry, color, disability, creed, political affiliation, or religion.
23.04.2 ABC funds must be used exclusively for the following expenses incurred to provide ABC services:
(a) Professional services (compensation and fringe benefits);
(b) Assessment and screening tools;
(c) Instructional materials;
(d) Transportation to and from ABC programs;
(e) Staff development;
(f) Financial assistance for staff working towards a secular degree or credential relating to early childhood education, including but not limited to books, tuition and travel; and
(g) If ABC funds remain after paying the expenses described in subparagraphs (a)-(f), those funds may be used to:
(1) Provide food for ABC students;
(2) Pay that portion of administration costs, utilities, or both, attributable to day care operations multiplied by the following fraction: number of ABC students/ total number of day care students.
23.04.3 All ABC instruction and instruction materials must be secular and neutral with respect to religion.
23.04.4 No religious activity may occur during any ABC day and no ABC funds may be used to support religious services, instruction or programming at any time.
23.04.5 Each ABC provider must maintain documentation that it has provided parents and guardians with the following written notice:
“To assure that no religious activity is paid or subsidized by public funds or occurs in any manner suggesting governmental endorsement of any religion or message:
(a) ABC funds must be used exclusively to support allowable ABC program costs incurred to provide non-religious instruction and activities during the ABC day; and
(b) No religious activity may occur during any ABC day regardless of the source of funds used to support the activity.”
23.04.6 Each ABC provider must annually certify compliance with each requirement of this rule and agree to such unannounced public inspection and investigation as may be necessary to ascertain and monitor the provider's compliance.
23.04.7 Each ABC provider must establish and maintain a separate bank account for the deposit, transfer and withdrawal all ABC funds. No other funds of the ABC provider shall be commingled in the bank account with ABC funds and no ABC funds shall be placed in another bank account maintained by the ABC provider.

Credits

Adopted Oct. 26, 2012.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.24.1-23, AR ADC 005.24.1-23
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