2015 Arkansas Code
Title 6 - Education
Subtitle 2 - Elementary And Secondary Education Generally
Chapter 17 - Personnel
Subchapter 28 - Teacher Excellence and Support System
§ 6-17-2807 - Intensive support status.

(a) (1) An evaluator shall place a teacher in intensive support status if the teacher has a rating of "Unsatisfactory" in any one (1) entire teacher evaluation domain of the evaluation framework.

(2) An evaluator may place a teacher in intensive support status if the teacher has a rating of "Unsatisfactory" or "Basic" in a majority of components in a teacher evaluation domain.

(b) If a teacher is placed in intensive support status, the evaluator shall:

(1) Establish the time period for the intensive support status; and

(2) (A) Provide a written notice to the teacher that the teacher is placed in intensive support status.

(B) The notice shall state that if the teacher's contract is renewed while the teacher is in intensive support status, the fulfillment of the contract term is subject to the teacher's accomplishment of the goals established and completion of the tasks assigned in the intensive support status.

(c) (1) The period of time specified by the evaluator for intensive support status shall afford the teacher an opportunity to accomplish the goals of and complete the tasks assigned in the intensive support status.

(2) Intensive support status shall not last for more than two (2) consecutive semesters unless the teacher has substantially progressed and the evaluator elects to extend the intensive support status for up to two (2) additional consecutive semesters.

(d) The evaluator shall work with the teacher to:

(1) Develop a clear set of goals and tasks that correlate to:

(A) The professional growth plan; and

(B) Evidence-based research concerning the evaluation domain that forms the basis for the intensive support status; and

(2) Ensure the teacher is offered the support that the evaluator deems necessary for the teacher to accomplish the goals developed and to complete the tasks assigned while the teacher is in intensive support status.

(e) (1) If the intensive support status is related to student performance, the teacher shall use formative assessments to gauge student progress throughout the period of intensive support status.

(2) The teacher shall be offered the support necessary to use formative assessments under this subsection during the intensive support status.

(f) At the end of the specified period of time for intensive support status, the evaluator shall:

(1) Evaluate whether the teacher has met the goals developed and completed the tasks assigned for the intensive support status; and

(2) Provide written notice to the teacher that the teacher either:

(A) Is removed from intensive support status; or

(B) Has failed to meet the goals and complete the tasks of the intensive support status.

(g) (1) If a teacher does not accomplish the goals and complete the tasks established for the intensive support status during the period of intensive support status, the evaluator shall notify the superintendent of the school district where the teacher is employed and provide the superintendent with documentation of the intensive support status.

(2) (A) Upon review and approval of the documentation, the superintendent shall recommend termination or nonrenewal of the teacher's contract.

(B) A recommendation for termination or nonrenewal of a teacher's contract under this section shall be made pursuant to the authority granted to a superintendent for recommending termination or nonrenewal under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.

(3) When a superintendent makes a recommendation for termination or nonrenewal of a teacher's contract under subdivision (g)(2) of this section, the public school:

(A) Shall provide the notice required under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq., but is exempt from the provisions of § 6-17-1504(b); and

(B) (i) If the public school has substantially complied with the requirements of this section, is entitled to a rebuttable presumption that the public school has a substantive basis for the termination or nonrenewal of the teacher's contract under the applicable standard for termination or nonrenewal under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.

(ii) The presumption may be rebutted by the teacher during an appeal under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.

(4) This section does not preclude a public school superintendent from:

(A) Making a recommendation for the termination or nonrenewal of a teacher's contract for any lawful reason under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.; or

(B) Including in a recommendation for termination or nonrenewal of a teacher's contract under this section any other lawful reason for termination or nonrenewal under The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq.