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005.28.32-4.00. Hearing

AR ADC 005.28.32-4.00Arkansas Administrative CodeEffective: May 2, 2022

West's Arkansas Administrative Code
Title 005. Department of Education
Division 28. Division of Elementary and Secondary Education
Rule 32. Rules Governing Act 1240 Waivers
Effective: May 2, 2022
Ark. Admin. Code 005.28.32-4.00
005.28.32-4.00. Hearing
Currentness
4.01 All waiver requests shall be presented to the State Board of Education.
4.02 All persons, with exception of the attorneys representing the parties, who plan to provide testimony during the hearing must be sworn by the State Board Chair.
4.03 The District shall have twenty (20) minutes to present its case to the State Board for approval of the proposed waivers. The Chair may grant additional time if necessary.
4.03.1 If the district intends to use a presentation, handouts, or any other document, it must provide copies to the Office of Legal Services no later than ten (10) business days prior to the hearing.
4.03.2 If the district does not provide materials as required by Section 4.03.1, it may only use a presentation or present additional documents with the permission of the State Board.
4.04 Parties opposed to the proposed waivers, if any, shall have twenty (20) minutes to present their case to the State Board. The Chair may grant additional time if necessary.
4.04.1 Any party in opposition that wishes to present or participate at the hearing must notify the Division's Office of Legal Services and the district requesting the waiver in writing no later than ten (10) business days prior to the hearing.
4.04.2 If a party in opposition intends to use a presentation, handouts, or any other document, it must provide copies to the Office of Legal Services and to the district requesting the waiver no later than ten (10) business days prior to the hearing.
4.04.3 A party in opposition that fails to provide notice as required by Sections 4.04.1 and 4.04.2 may only present or participate at the hearing with the permission of the State Board.
4.04.4 If there are multiple individuals or groups who wish to speak in opposition, it is the responsibility of those individuals or groups to divide the twenty (20) minutes between themselves.
4.05 The District shall have five (5) minutes to respond to any arguments in opposition to the proposed waivers. The Chair may grant additional time if necessary.
4.06 The State Board will follow the presentations with discussion of the proposed waivers and may ask questions to any of the parties or to the Division, or both.
4.07 The State Board may ask questions at any time during the presentation by the District or the opposing parties.
4.08 The State Board may grant, in whole or in part, or deny, in whole or in part, the proposed waivers.
4.08.1 The State Board may also take the matter under advisement until a future scheduled Board meeting.
4.08.2 The State Board must make a decision within ninety (90) days of receiving the waiver request.
4.09 Any waiver(s) granted to a district, in whole or in part, is valid for the duration requested by the district, unless the State Board votes otherwise.
4.09.1 The waiver(s) shall not exceed the duration that the waiver is valid for the open-enrollment public charter school on which the request was based.
4.09.2 The waiver(s) shall not be granted for a period of time exceeding five (5) years.
4.09.3 If a district wishes to renew a waiver that is expiring, it must follow the procedure set out in Section 6.00 of these Rules.
4.10 The State Board may request annual reporting as a condition of approval of the proposed waiver(s).
4.11 The Division shall notify the Superintendent of the district in writing of the decision of the State Board.
4.12 All waivers granted under these Rules shall be posted to the Division's website.
4.13 The district must post all waivers granted under these Rules to the district's website under “State--Required Information” within thirty (30) days of the State Board's approval.

Credits

Adopted July 6, 2020. Amended May 2, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.28.32-4.00, AR ADC 005.28.32-4.00
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