Table Of Content

OF AnNij I, SUPPL 2013 VOLUMJt Place beside Vblir Uy Lite Ii^dU-urui: > r thf Direction an^ ::evis1( sNexis ' le Burst ion G 9 Supplement, see th WSplement pamphlet for Volume 1 I.SBN 97 LexisNexis fP' TITLE 6 EDUCATION SUBTITLE VOCATIONALAND TECHNICAL EDUCATION 4. CHAPTER. 50. GENERAL PROVISIONS. 51. VOCATIONALAND TECHNICAL SCHOOLS. 52. VOCATIONALAND TECHNICAL TRAINING. 53. POSTSECONDARY EDUCATION REORGANIZATIONACT. 54. COLLEGE OF THE OUACHITAS. 57. ARKANSAS VALLEY TECHNICAL INSTITUTE. 58. NATIONAL PARK COMMUNITY COLLEGE. SUBTITLE POSTSECONDARYAND HIGHER EDUCATION GENERALLY 5. CHAPTER. 60. GENERAL PROVISIONS. 61. POSTSECONDARY INSTITUTIONS GENERALLY. 62. PROPERTYAND FINANCES OF STATE INSTITUTIONS. 63. EMPLOYEES OF STATE INSTITUTIONS. 64. UNIVERSITY OFARKANSAS. 65. AGRICULTURAL COLLEGES. 66. HENDERSON STATE UNIVERSITY. UNIVERSITY OF CENTRALARKANSAS. 67. 71. IMPROVEMENT DISTRICTS FOR COLLEGESAND UNIVERSITIES. — SUBTITLE POSTSECONDARY EDUCATION FINANCIAL ASSISTANCE 6. PROGRAMS CHAPTER. 80. GENERAL PROVISIONS. 81. STUDENT LOANS. 82. SCHOLARSHIPS. 84. TAX-DEFERRED TUITION SAVINGS PROGRAM. ARKANSASACADEMIC CHALLENGE SCHOLARSHIP PROGRAM. 85. SUBTITLE VOCATIONAL AND TECHNICAL 4. EDUCATION CHAPTER 50 GENERAL PROVISIONS subchapter. 2. Technical Careers Student Loan Forgiveness Program. 7. Arkansas Existing Workforce TrainingAct of 1995. 1 6-50-207 EDUCATION 2 — Subchapter 2 Technical Careers Student Loan Forgiveness Program SECTION. 6-50-207. Amount ofloan forgiveness. 6-50-207. Amount of loan forgiveness. (a) The yearly amount for each student's loan forgiveness shall not exceed the maximum yearly amount allowed under the Arkansas Academic Challenge Scholarship Program. (b) Eligible students mayparticipate inthe loan forgiveness program for a maximum of: (1) Four (4) years for a bachelor's degree or its equivalent as determined by rules and regulations; (2) Two (2) years for a master's degree; (3) Four (4) years for a Ph.D. degree; (4) Six (6) years for a bachelor's degree and a master's degree or a master's degree and a Ph.D. degree; or (5) Nine (9) years for a bachelor's degree, master's degree, and a Ph.D. degree. (c) With input from the Department ofHigher Education and other appropriate entities, the State Board of Career Education shall estab- lish through rules and regulations loan forgiveness amounts for approved technical education programs for students enrolled on a less than full-time basis. History. Acts 1999, No. 652, § 7; 2005, No. 1232, § 10. — Subchapter 7 Arkansas Existing Workforce Training Act of 1995 SECTION. SECTION. 6-50-702. Definitions. 6-50-704. Rules and regulations for pro- 6-50-703. Arkansas Existing Wor—kforce gram. Traini—ng Program Cre- ation Purpose. AC.R.C. Notes, Acts 2012, No. 276, Education shall promulgate rules and § 23, provided: "ADULT EDUCATION regulationsforthedistributionoffundsin DISTRIBUTION. All funds that become accordance with criteria to be determined available for Adult Education shall be by the Board. In the distribution offunds distributed to those administrative units to local units the Board shall consider determined to be operating efficient and performance in meeting state and federal effective adulteducation programs, under performance indicators. Unallocated criteria established by the State Board of funds will be redistributed based upon Career Education. The criteria shall in- need as determined bythe State Board of cludetherelativeefficiencyofadministra- Career Education. tion ofthe program inthe counties served "The provisions ofthis section shall be and achievement of federal performance in effect only from July 1, 2012 through indicators. The State Board of Career June 30, 2013." 3 GENERAL PROVISIONS 6-50-702 Acts 2013, No. 1447, § 25, provided: gate rules and regulations for the distri- "ADULT EDUCATION DISTRIBUTION. butionoffundsinaccordancewithcriteria All funds that become available forAdult to be determined by the Board. In the Education shall be distributed to those distribution of funds to local units the administrative units determined to be op- Boardshallconsiderperformanceinmeet- eratingefficientand effectiveadulteduca- ing state and federal performance indica- tion programs, under criteria established tors. Unallocated funds will be redistrib- by the State Board of Career Education. uted based upon need as determined by The criteria shall include the relative ef- ficiency ofadministration ofthe program the State Board ofCareer Education. inthe counties served and achievementof "The provisions ofthis section shall be federal performance indicators. The State in effect only from July 1, 2013 through Board ofCareer Education shall promul- June 30, 2014." 6-50-702. Definitions. As used in this subchapter, unless the context otherwise requires: (1) "Basic skills training" means those math, reading, English, listening, oral and written communication, and computer literacy skills that a person can reasonably be expected to have attained by the end of the twelfth grade except in the instance of potential new workforce training; (2) "Classroom training" means instructor-led training that is provided outside the process ofthe production ofgoods or the delivery ofa service; (3)(A) "Consortium" means a group of companies that includes at least three (3) eligible companies as defined in subdivision (4) ofthis section and which for fiscal purposes is either a private, not-for-profit corporation or an organized group that has a coordinating board or committee and a mission statement, that has or is in the process of developing bylaws, and that is establishing a bank account requiring at least two (2) consortium members' signatures. (B) Consortia may have members that are not eligible companies so long as at least three (3) ofthe consortium member companies are eligible companies. (C) Fifty percent (50%) ofthe eligible participants completing each course must be employees ofeligible companies; (4)(A) "Eligible company" means an entity currently operating in the state that has filed a corporate income tax return for the year prior to the year in which the application was submitted and is classified in one (1) ofthe following ways: (i) Manufacturers classified in sectors 31-33 under the North American Industrial Classification System as it existed on January 1, 2007; (ii) Manufacturers classified in sectors 20-39 according to the Standard Industrial Classification standards as they existed on January 1, 2007, but which are classified in another sector under the North American Industrial Classification System as it existed on January 2007; 1, 6-50-702 EDUCATION 4 (iii)(a) Businesses primarily engaged in the design and develop- , ment of prepackaged software, digital content production and pres- ervation, computer processing and data preparation services, or information retrieval services. (b) All businesses under subdivision (4)(A)(iii)(a) shall derive at least seventy-five percent (75%) of their sales revenue from out of state; (iv)(a) Businesses primarily engaged in motion picture produc- tions. (b) All businesses under subdivision (4)(A)(iv)(a) of this section shall derive at least seventy-five percent (75%) oftheir sales revenue from out of state; (v) An intermodal facility or distribution center, if seventy-five percent (75%) ofits sales revenue is from out of state; (vi) An office sector business if seventy-five percent (75%) of its sales revenue is from out of state; (vii) Firms primarily engaged in commercial, physical, and biologi- cal research as classified under the North American Industry Clas- sification System code 541710 as it existed on January 1, 2003; A (viii) national or regional corporate headquarters as classified under NorthAmerican Industry Classification System code 551114 as it existed onJanuary 1, 2003, ifthe national orregionalheadquarters serves more than one (1) state; iix)(a) A scientific and technical services business. (b)(1) All businesses under subdivision (4)(A)(ix)(a) ofthis section shall derive at least seventy-five percent (75%) oftheir sales revenue from out of state. (2)(A) The average hourly wages paid by businesses in this group shall not exceed one hundred fifty percent (150%) of the county average hourly wage or the state average hourly wage, whichever is less. (B) The average hourly wage threshold determined at the signing of the financial incentive agreement shall be the threshold for the term ofthe agreement; {x)(a) All building trade industries classified under North Ameri- can Industry Classification System codes 236 and 238 as they existed on January 1, 2003. (b) A business classified under North American Industry Classifi- cation System code 23899 shall not qualify as a building trade industry; and (xi) Air transport businesses primarily engaged in aircraft main- tenance, repair services, and aircraft testing as classified under North American Industry Classification System code 488190 as it existed on January 1, 2007. (B) The Director oftheArkansas Economic Development Commis- sion may classify a nonretail business as an eligible company if: (i) The business receives at least seventy-five percent (75%) ofits sales revenue from out of state; and 5 GENERAL PROVISIONS 6-50-703 (ii) The business proposes to pay wages in excess of one hundred ten percent (110%) of the county average hourly wage or state average hourly wage, whichever is less; (5) "Eligible recipient" means a full-time permanent employee ofan Arkansas company or consortium who is subject to the Arkansas personal income tax; (6) "Governing council" means the directors or their designees ofthe Arkansas Economic Development Commission, the Department of Higher Education, and the Department of Career Education; (7) "Internal training" means classroom training provided to company employees by company trainers who may be either full-time employees ofthe company or consultants paid by the company; (8) "Potential new workforce" means two (2) or more eligible companies with common job skill requirements requiring a minimum of fifteen (15) new employees and conducting a minimum of fifteen (15) hours ofpreemployment training, thereby allowingprospective employees and employers an opportunity to evaluate one another before making employment commitments; and (9)(A) "State-supported educational institution" means a secondary or postsecondary Arkansas educational institution that receives the majority ofits funding from state or local tax revenues. (B) However, for purposes of this subchapter, Texarkana College may be considered a state-supported educational institution for the purpose of delivering training services to eligible companies located in Miller County, ifTexarkana College continues to waive out-of-state tuition for residents ofArkansas. History. Acts 1995, No. 791, § 2; 1997, No. 540, § 7; 1999, No. 1134, § 1; 2003, No. 609, § 1; 2007, No. 1003, §§ 1, 4. — 6-50-703. Arkansas Existing Workforce Training Program — Creation Purpose. (a) There is hereby created the Arkansas Existing Workforce Train- ing Program, to be administered by a governing council composed of equal representation from the Department of Higher Education, the Department of Career Education, and the Arkansas Economic Devel- opment Commission. (b) The primary purpose ofthe program shall be to provide financial assistance toArkansas business and industry for upgrading the knowl- edge and skills ofthe existing work force or a potential new workforce and to increase the capacity ofstate-supported educational institutions to supply the ongoing training needs ofArkansas companies. (c)(1)(A) When an eligible company uses a state-supported educational institution to provide its classroom training, financial support can either be in the form ofa direct grant or in the form ofan income tax credit. 6-50-704 EDUCATION 6 (B) Companies that elect to receive a grant cannot claim a tax credit for the same purpose. (2) When an eligible company is conducting internal training using company trainers or consultants, financial support can only be in the form ofan income tax credit. (3) When an eligible consortium uses a state-supported educational institution to provide its classroom training, financial support can only be in the form of a grant. History. Acts 1995, No. 791, § 3; 1997, No. 540, § 8; 1999, No. 1134, § 2; 2007, No. 1003, §§ 2, 4. 6-50-704. Rules and regulations for program. (a) The Arkansas Economic Development Commission shall promulgate rules under the Arkansas Administrative Procedure Act, § 25-15- 201 et seq., for implementation ofthis subchapter by the commission. (b) Rules shall include, but not be limited to, the following: (1) Training shall be conducted for the purpose of meeting specific business goals and performance objectives; (2) As part ofthe application process, a company or consortium shall be responsible for determining that participants involved in the training program possess the appropriate prerequisite literacy skills; (3)(A) The amount of financial support a company or consortium receives shall be determined and approved bythe commission and set forth in writing prior to any funds' being committed and distributed or prior to any tax credits' being approved. (B) For companies or consortia that use state-supported educational institutions to deliver classroom training to their employees, the amount of support shall be the lesser of: (i) One-half (W) of the amount paid by the company to the state-supported educational institution for the training; {ii)(a) The instructional hour rate established by the governing council, not to exceed one hundred dollars ($100) per instructional hour, times the number of instructional hours delivered with fifty percent (50%) or more of the eligible participants completing the course. (b) For companies that use company employees or company-paid consultants to deliver classroom training to their employees, the amount of the tax credit shall not be more than twenty-five dollars ($25.00) per instructional hour. (c) The minimum class size needed to receive full benefits is five (5) trainees. For classes smaller than five (5), the amount ofsupport will be reduced proportionally; (iii) The instructional hour rate established by the governing council, not to exceed thirty-five dollars ($35.00) per instructional hour, times the number of instructional hours for safety-related training; or 7 VOCATIONALAND TECHNICAL SCHOOLS 6-50-704 (iv) The instructional hour rate estabhshed by the governing council, not to exceed thirty-five dollars ($35.00) per instructional hour, times the number ofinstructional hours for all courses with less than fifty percent (50%) ofthe eligible participants completing each course; (4) Training delivered by means other than traditional classroom training may be considered by the governing council. For approved training delivered by means other than traditional classroom training, a fiat rate of reimbursement will be established by the governing council; (5) Applications for tax credits afforded by this subchapter shall be available on and after January 1, 2000; (6) The maximum amount of total tax credits allowed by the commission pursuant to this subchapter shall not exceed four hundred fifty thousand dollars ($450,000) per year; (7) Neither grant funds nor tax credits shall be used to support any training, including remedial basic skills training, that is authorized under any other state or federal program; and (8) Neither grant funds nor tax credits shall be used to support any training that is mandated by any state or federal law or regulation. History. Acts 1995, No. 791, § 4; 1997, Amendments. The 2013 amendment No. 540, § 9; 1999, No. 1134, § 3; 2003, substituted "one hundred dollars ($100)" No. 609, § 2; 2007, No. 1003, §§ 3, 4; for "eighty dollars ($80.00)" in 2013, No. 755, § 1. (b)(3)(B)(ii)(a). CHAPTERS! VOCATIONAL AND TECHNICAL SCHOOLS subchapter. 1. General Provisions. 2. EstablishmentandAdministration Generally. 5. Housing Construction Program. 6. Private Residentand Correspondence Schools. 8. Community-Based Education Centers. 9. PostsecondaryVocationaland Technical Education. A.C.R.C. Notes. Acts 2012, No. 276, 2013." § 25, provided: "SECONDARY TECHNI- Acts 2013, No. 1447, § 27, provided: CAL CENTERAID PROVISIONS. "SECONDARY TECHNICAL CENTER "(a)(1) Secondary technical center aid AID PROVISIONS. shall be calculated and distributed by the "(a)(1) Secondary technical center aid Department of Career Education based shall be calculated and distributed by the upon each secondary technical center's Department of Career Education based eligible student full-time equivalent upon each secondary technical center's count. eligible student full-time equivalent "(2) Secondary technical center aid count. shall not be based upon the percentage of "(2) Secondary technical center aid total enrollment from any one sending shall not be based upon the percentage of school. total enrollment from any one sending "(b) This section expires on June 30, school. 6-51-104 EDUCATION 8 "(b) This section expires on June 30, 2014." — Subchapter 1 General Provisions SECTION. 6-51-104. [Repealed.] 6-51-104. [Repealed.] A.C.R.C. Notes. Acts 2013, No. 773, only from July 1, 2013 through June 30, § 5, provided: "PRIORITIES. A high pri- 2014." orityofthe CollegeofThe Ouachitas shall Publisher's Notes. This section, con- be to combat illiteracy and to provide cerning priorities, was repealed by Acts industrial trainingin the work place. The 2013, No. 1138, § 78. This section was provisions ofthis section shall be in effect derived fromActs 1991, No. 1192, § 50. — Subchapter 2 Establishment and Administration Generally SECTION. eral and state vocational 6-51-213. Administration of certain fed- education laws. A.C.R.C. Notes. Acts 2012, No. 247, Acts 2013, No. 1397, § 37, provided: § 35, provided: "COOPERATION "COOPERATION AGREEMENTS. Any AGREEMENTS. Anytwo-yearinstitution institution of Higher Education that has ofHigherEducationthathasitsmainora its maincampus, satellitecampus, orcen- satellite campus located within a twenty ter located within a twenty five mile ra- five mile radius of any four-year institu- dius of any other main campus of an tion ofhighereducation shall enterinto a institutionofhighereducation shall enter written agreementwith thatfour-yearin- into a written agreement with that insti- stitution which must address duplication tution which must address duplication of ofservices between the institutions. services between the institutions. "The provisions ofthis section shall be "The provisions ofthis section shall be in effect only from July 1, 2012 through in effect only from July 1, 2013 through June 30, 2013." June 30, 2014." 6-51-213. Administration ofcertain federal and state vocational education laws. (a) The State Board of Career Education is designated to: (1) Carry into effect the provisions ofthe federal act and this act and have all necessary authority to cooperate with the United States Department ofEducation in the administration ofthe federal act; (2) Administer any legislation pursuant thereto enacted by the General Assembly; and (3) Administer the funds provided by the federal government and by the State ofArkansas under the provisions ofthe respective acts for the promotion of vocational-technical education in agricultural subjects