Most Arkansas school districts OK'd for early start; only 12 in state have yet to get waivers

A total of 191 Arkansas school districts on Thursday got an OK from the state Board of Education to start the 2018-19 school year on Monday, Aug. 13, which is earlier than allowed by law.

As a result of Education Board action Thursday and last month, only 12 districts in the state have yet to receive waivers of the statute that dictates the timing for the start of a school year.

Ten of the 12 are ineligible under the waiver law used by most districts, but they could ask for permission from Arkansas Education Commissioner Johnny Key.

The two remaining districts -- Little Rock and Pulaski County Special -- plan to ask for an early school year start at the Education Board's January meeting.

Arkansas Code Annotated 6-10-106 sets the first day of school for the Monday in the week that contains Aug. 19. In the coming 2018-19 school year, that would make the earliest first day of school Aug. 20.

Act 1240 of 2015 allows districts to seek waivers of state laws and rules that previously have been granted by the Education Board to open-enrollment charter schools that serve students residing in the districts asking for waivers.

Charles Cudney, director of the Northwest Arkansas Education Service Cooperative based in Farmington, addressed the Education Board on behalf of the 191 districts.

He told the board that the request from the districts is in line with the purpose of Act 1240 to give flexibility to school districts.

"From my observation, that has paid off dividends in innovation and improvement in our state," he said. "You may think this is just about starting school early. It is about the creation of an academic calendar, which is a bigger thing. We consider the academic calendar as an instrument to drive instruction."

Those districts that choose to use the waiver of the law on school start dates will begin the year five days earlier than the law permits.

"As a school administrator I see that as five days where we can have more engaged instruction before assessments," Cudney said. "I see that as five days we can provide additional professional development or teacher training. I see five days where we can engage parents in the school and parent teacher conferences.

"Important in this process as well ... is providing local school districts, teachers and parents the flexibility to make these decisions at the local level. They can consider local community needs. There are a lot of traditions in a community. Those additional days allow that option -- to have control. But at the same time you retain the authority to judge if their decisions are effective," he said.

The districts that are not eligible to receive an Act 1240 waiver are Armorel, Dierks, Mineral Springs, Brinkley, Bearden, Junction City, Parkers Chapel, Strong-Huttig, Hermitage and Spring Hill. That is because the districts do not have any students living in their districts who attend open-enrollment charter schools that have a waiver of the state law on school starting dates.

Jennifer Davis, an attorney for the Education Department, told the Education Board that Arkansas Code Annotated 6-10-106 authorizes the department to grant a waiver of school-year start and ending dates in cases of emergency or very exceptional circumstances.

"Clearly this is not an emergency circumstance," Davis said. "But it would be considered a very exceptional circumstance" because there are only 10 districts that would otherwise be prevented from having the early start date. Those districts would be surrounded by districts that do have a waiver. The different starting dates could become a complication for families that have students in different districts. Scheduling -- such as for football games -- could also be affected. ... only 10 districts, a very, very small handful of districts in the state.

"We have advised a few of the districts that have asked about it that there is a potential for a material circumstance to exist," Davis said.

Key, the education commissioner, said the exceptional circumstance issue is a matter he can decide for an interested district and it would not require a state Education Board vote.

Education Board Chairman Jay Barth of Little Rock said he remains "queasy" about the Act 1240 waivers for the start of school for so many districts. "I don't think it is a way to do public policy."

The Guy Fenter Education Service Cooperative, representing 20 districts, kicked off the flood of requests for the waiver when it made the request and received approval for it at the Education Board's Nov. 9 meeting.

Metro on 12/15/2017

Upcoming Events