Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 912 of the Regular Session
 State of Arkansas              As Engrossed:        S3/29/21 S4/14/21
 93rd General Assembly                          A Bill
 Regular Session, 2021                                                                SENATE BILL 564
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 By: Senators Elliott, B. Ballinger, Beckham, Caldwell, L. Chesterfield, B. Davis, L. Eads, J. English,
 Gilmore, J. Hendren, Hester, K. Ingram, Irvin, B. Johnson, G. Leding, G. Stubblefield, J. Sturch, Teague,
 C. Tucker
 By: Representatives Vaught, Brown, Cozart, Eubanks, D. Garner, Godfrey, McCullough, Murdock,
 Speaks
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                                    For An Act To Be Entitled
                 AN ACT TO CREATE THE ARKANSAS TUTORING CORPS ACT; TO
                 SUPPORT THE IMPLEMENTATION OF A SUSTAINABLE TUTORING
                 PROGRAM IN RESPONSE TO LEARNING LOSS; TO DECLARE AN
                 EMERGENCY; AND FOR OTHER PURPOSES.
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                                                 Subtitle
                         TO CREATE THE ARKANSAS TUTORING CORPS
                         ACT; TO SUPPORT THE IMPLEMENTATION OF A
                         SUSTAINABLE TUTORING PROGRAM IN RESPONSE
                         TO LEARNING LOSS; AND TO DECLARE AN
                         EMERGENCY.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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          SECTION 1.     Arkansas Code Title 6, Chapter 15, is amended to add an
 additional subchapter to read as follows:
                         Subchapter 30  Arkansas Tutoring Corps Act
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          6-15-3001.     Title.
          This subchapter shall be known and may be cited as the "Arkansas
 Tutoring Corps Act".
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          6-15-3002.     Legislative findings.
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     As Engrossed:       S3/29/21 S4/14/21                                          SB564
      The General Assembly finds that:
               (1)    Data suggests that learning loss suffered as a result of the
 coronavirus 2019 (COVID-19) pandemic will be substantial, particularly for
 the state's most vulnerable students, with recent studies showing that these
 students on average could lose five (5) to nine (9) months of learning by the
 end of the 2021 school year;
               (2)    These impacts, if not addressed, could have severe short-
 term and long-term social and economic implications for Arkansas families and
 our state as a whole;
               (3)    While there is an extraordinary, immediate, and widespread
 need to address learning loss as a result of the coronavirus 2019 (COVID-19)
 pandemic, there are far too many Arkansas students at risk of falling behind
 under ordinary circumstances;
               (4)    Research demonstrates that a strong predictor of higher high
 school dropout rates is whether or not students have been taught to read at
 grade level by the end of grade three (3);
               (5)    Research further shows that another strong predictor of
 higher high school dropout rates is whether or not students have been taught
 sufficiently such that they can pass English and math in grades six through
 nine (6-9);
               (6)    According to research, one (1) of the most effective
 interventions to address learning loss, especially in elementary school
 students, is one-to-one or small group tutoring;
               (7)    The coordination and implementation of a tutoring program
 that supports the states elementary and secondary students aligns with the
 purpose and mission of the Division of Education Renewal Zones;
               (8)    Such a tutoring program should address the immediate
 emergency as well as lay the groundwork for a long-term, sustainable strategy
 to improve educational outcomes for all students; and
               (9)    Such a tutoring program would serve as a means by which
 Arkansas may meet requirements of the Elementary and Secondary School
 Emergency Relief (ESSER) Grant Program to address learning loss and otherwise
 serve as a use of funding from the Governors Emergency Education Relief
 (GEER) Fund in a manner that immediately helps students and families in
 greatest need.
      6-15-3003.       Definitions.
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     As Engrossed:       S3/29/21 S4/14/21                                           SB564
      As used in this subchapter:
               (1)    Qualified tutor means a person who meets requirements
 established by the Division of Elementary and Secondary Education; and
               (2)    Qualified tutoring site means any of the following:
                       (A)   A public school or open-enrollment public charter
 school located within this state;
                       (B)   An education service cooperative;
                       (C)   An institution of higher education located within this
 state; or
                       (D)   A community facility that meets the requirements
 established by the division.
      6-15-3004.       Development of program.
      (a)(1)     The Department of Education may develop a program to:
                       (A)   Identify qualified tutors;
                       (B)   Identify a curriculum to support children preparing to
 enter kindergarten through grade six (K-6) in the content areas of math and
 reading and ensure that the identified curriculum is aligned with Arkansas
 academic standards;
                       (C)   Ensure training modules related to the identified
 curriculum are provided to qualified tutors before the qualified tutors begin
 tutoring;
                       (D)   Ensure ongoing support is provided to qualified
 tutors; and
                       (E)   Coordinate with Arkansas public schools and open-
 enrollment public charter schools to ensure tutoring is offered at qualified
 tutoring sites or virtually, leveraging existing digital platforms.
               (2)    The program developed under subdivision (a)(1) of this
 section shall be designed to deploy qualified tutors in a manner that:
                       (A)   Offers statewide coverage; and
                       (B)   Increases opportunities for students in rural areas.
      (b)    The Division of Elementary and Secondary Education may:
               (1)    Develop, in coordination with the Division of Higher
 Education and Arkansas institutions of higher education, incentive structures
 such as course credit for participating qualified tutors; and
               (2)    Develop guidelines for public schools and open-enrollment
 public charter schools to use funding from the Elementary and Secondary
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     As Engrossed:    S3/29/21 S4/14/21                                         SB564
 School Emergency Relief Fund (ESSER Fund) and the American Rescue Plan Act of
 2021, Pub. L. No. 117-2, to provide compensation and stipends to qualified
 tutors serving their students in the near term.
      (c)   The department shall promulgate rules to implement this section.
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      SECTION 2.     DO NOT CODIFY.   Rules.
      (a)   When adopting the initial rules required under this act, the
 Department of Education shall file the final rules with the Secretary of
 State for adoption under  25-15-204(f):
            (1)     On or before January 1, 2022; or
            (2)     If approval under  10-3-309 has not occurred by January 1,
 2022, as soon as practicable after approval under  10-3-309.
      (b)   The department shall file the proposed rules with the Legislative
 Council under  10-3-309(c) sufficiently in advance of January 1, 2022, so
 that the Legislative Council may consider the rules for approval before
 January 1, 2022.
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      SECTION 3. EMERGENCY CLAUSE.     It is found and determined by the General
 Assembly of the State of Arkansas that the coronavirus 2019 (COVID-19)
 pandemic has resulted in substantial disruption to the educational system in
 the states public schools and open-enrollment public charter schools; that
 amendments to the law as provided in this act are needed to immediately
 address challenges faced by Arkansas students in succeeding in school and in
 life; and that this act is immediately necessary to maintain orderly
 operation of public schools and open-enrollment public charter schools so
 that students in this state continue to receive an adequate education.
 Therefore, an emergency is declared to exist, and this act being immediately
 necessary for the preservation of public peace, health, and safety shall
 become effective on:
            (1)     The date of its approval by the Governor;
            (2)     If the bill is neither approved nor vetoed by the Governor,
 the expiration of the period of time during which the Governor may veto the
 bill; or
            (3)     If the bill is vetoed by the Governor and the veto is
 overridden, the date the last house overrides the veto.
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     As Engrossed:   S3/29/21 S4/14/21                                       SB564
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                                     /s/Elliott
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                                APPROVED: 4/26/21
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