Ark. Code Ann. § 6-17-402 (2020)

1. The State Board of Education shall issue the license of a classroom teacher, an administrator, a guidance counselor, or a library media specialist.
2. The State Board of Education shall promulgate rules for the issuance, licensure, relicensure, and continuance of licensure of teachers in the public schools of this state that:
   1. Require at a minimum that each in-state applicant for teacher licensure:
      1. Completes an educator preparation program approved by the Division of Elementary and Secondary Education, which shall include without limitation:
         1. Educator preparation programs at institutions of higher education leading to a bachelor's degree or higher; and
         2. Alternative educator preparation programs under § 6-17-409; and
      2. Demonstrates:
         1. Licensure content area knowledge; and
         2. Knowledge of teaching methods; and
   2. Require at a minimum that each in-state applicant for an administrator's license demonstrates knowledge of state-adopted competencies and standards for educational leaders.
3. 1. The State Board of Education may promulgate rules for a tiered system of licensure, which may include without limitation:
      1. An emergency teaching permit;
      2. A technical permit;
      3. 1. A provisional license.
         2. The State Board of Education rules may provide that a provisional license may be issued if the applicant:
            1. Meets the minimum qualifications under subdivisions (b)(1) and (2) of this section as applicable to an applicant for a teaching or an administrator license; or
            2. Partially meets full licensure requirements;
      4. A novice or first-time license;
      5. A standard license; and
      6. 1. A license with advanced requirements.
         2. The State Board of Education may authorize a teacher leader advanced license or a teacher leader endorsement to a license.
   2. 1. In addition to other requirements:
         1. A person applying for first-time licensure as a secondary-level teacher or as an administrator in the public schools or a licensed secondary-level teacher, a licensed elementary general education teacher, or an administrator applying for a license in an additional area shall take and complete a test approved by the State Board of Education, and submit the scores to the division; and
         2. 1. A person applying for first-time licensure for an elementary education kindergarten through grade six (K-6) license or a special education kindergarten through grade twelve (K-12) license shall:
               1. Pass a:
                  1. Subject matter content assessment; and
                  2. Stand-alone assessment that examines the acquisition of knowledge of essential components of beginning reading instruction based on the science of reading; and
               2. Demonstrate pedagogical competence.
            2. The requirements under subdivision (c)(2)(A)(ii)(a) of this section shall apply to a person who:
               1. Enters a teacher preparation program beginning in the 2017-2018 academic year or thereafter for a first-time elementary level K-6 license or special education K-12 license or endorsement; and
               2. Upon adoption of the stand-alone reading assessment under subdivision (c)(2)(A)(ii)(a)(1)(B) of this section, is seeking to add the elementary education K-6 license level by testing out.
            3. A person who enters an alternative educator preparation program beginning in the 2017-2018 academic year and receives an elementary education K-6 provisional license or a special education K-12 provisional license shall take and pass the stand-alone reading assessment under subdivision (c)(2)(A)(ii)(a)(1)(B) of this section in order to receive a standard license.
            4. 1. The recommendation for the adoption of a stand-alone reading assessment shall be made by a diverse group of stakeholders.
               2. The stakeholders shall recommend a testing company for the stand-alone reading assessment that provides an extensive practice test that enables prospective teachers to practice the kinds of skills taught in their teacher preparation programs so they can learn how to teach reading skills and diagnose reading problems.
            5. The stand-alone reading assessment adopted by the State Board of Education shall:
               1. Include an adequate number of assessment items to ensure instructional knowledge of reading that is based on evidence-based practices related to the science of reading;
               2. Ensure that at least fifty percent (50%) of the items assess instructional knowledge for beginning reading and are based on evidence-based practices related to the science of reading;
               3. Include at least one (1) open-response question so that test takers can indicate how well they can demonstrate in writing their diagnostic interpretation of student reading errors; and
               4. Include a clear distinction between reading elements in and skills needed for literary and formation texts in order to address the English language arts standards as determined by the State Board of Education.
            6. The State Board of Education shall determine the cut score for the stand-alone reading assessment with strong consideration based on the national mean if the national mean is not less than seventy percent (70%) correct answers on the stand-alone reading assessment.
      2. An applicant for initial licensure or licensure in an additional area shall not receive a license after July 1, 2007, unless the applicant scores at or above the minimum level set by the State Board of Education that is consistent with the recommendations of the Professional Licensure Standards Board.
4. 1. The State Board of Education shall approve the methods required for applicants to meet the requirements of this section.
   2. The teacher preparation programs for licensure in this state shall report the results of the examinations to the division upon request.
5. The State Board of Education shall not delegate to a college or university any of the State Board of Education's powers or duties pertaining to the issuance, licensure, relicensure, and continuance of licensure of teachers in public schools in this state.
6. The State Board of Education shall promulgate rules for the licensure of individuals through reciprocity with other states under § 6-17-403.
7. The State Board of Education shall waive the examination requirements under subsection (c) of this section for an individual applying for a first-time Arkansas license who has a valid out-of-state teaching license and three (3) years' documented teaching experience as required by the rules promulgated by the State Board of Education.
8. A teacher who has less than three (3) years' documented teaching experience shall have up to three (3) years to pass the stand-alone reading assessment, during which the teacher may work under a provisional license.
9. The State Board of Education may establish by rule minimum qualified teacher requirements for teachers employed where licensure has been waived pursuant to law.
10. Rules of the State Board of Education shall identify the following as core licensure content areas:
    1. Elementary Education (K-6);
    2. English language arts;
    3. Mathematics;
    4. Science;
    5. Social Studies;
    6. Art;
    7. Music; and
    8. Foreign Language.
11. 1. The State Board of Education may promulgate rules to reinstate a revoked teaching license.
    2. Rules promulgated under subdivision (k)(1) of this section shall include without limitation the following:
       1. Information and requirements regarding an application for reinstatement of a revoked teaching license; and
       2. The use of evidence by the State Board of Education to determine whether the applicant for reinstatement of a revoked teaching license:
          1. Is rehabilitated, recovered, or in recovery, as applicable;
          2. Has made restitution, as applicable;
          3. Is currently fit to return to an educational environment appropriate to the licensure level of the applicant; and
          4. Does not pose a threat to the health, safety, and welfare of public school students and public school employees.
    3. An individual whose teaching license was revoked following an ethics complaint under § 6-17-428 shall release to the State Board of Education any confidential information regarding the ethics complaint made against the individual upon the individual's application for reinstatement of his or her revoked teaching license.
    4. Except as provided under subdivision (k)(6) of this section, an applicant for reinstatement of a revoked teaching license shall not apply for reinstatement of his or her revoked teaching license until:
       1. Ten (10) years after the date of revocation of the teaching license for:
          1. A felony disqualifying offense under § 6-17-410; or
          2. An ethics violation under § 6-17-428; or
       2. Five (5) years after the date of revocation for any other reason not identified under subdivision (k)(4)(A) of this section.
    5. If an applicant for reinstatement of a revoked teaching license has a true report in the Child Maltreatment Central Registry, the State Board of Education may reinstate the applicant's revoked teaching license with or without a hearing if the applicant provides evidence from the Department of Human Services that the department has removed the applicant's name from the Child Maltreatment Central Registry.
    6. The State Board of Education shall not reinstate a revoked teaching license when the reason for the revocation concerned the:
       1. Physical or sexual injury of another person;
       2. Physical or sexual abuse of another person;
       3. Physical mistreatment of another person resulting in death; or
       4. Sexual mistreatment of another person.

History. Acts 1979, No. 162, § 1; 1981, No. 814, § 1; 1983, No. 736, § 1; 1983 (1st Ex. Sess.), No. 5, § 1; 1985, No. 746, § 1; 1985, No. 1082, § 1; A.S.A. 1947, § 80-1201; Acts 1989, No. 414, § 1; 2003, No. 754, § 1; 2005, No. 2151, § 2; 2007, No. 169, § 3; 2007, No. 846, § 1; 2011, No. 989, § 35; 2013, No. 1073, § 22; 2015, No. 1090, § 3; 2017, No. 294, § 3; 2017, No. 416, § 1; 2019, No. 540, § 1; 2019, No. 628, § 1; 2019, No. 692, § 16; 2019, No. 757, § 34; 2019, No. 910, §§ 1378, 1379.

A.C.R.C. Notes. This section is set out above as directed by the Arkansas Code Revision Commission. This section was amended by Acts 2017, No. 294, § 3 to read as follows:

“(a) The State Board of Education shall issue the license of a classroom teacher, an administrator, a guidance counselor, or a library media specialist in the public schools of this state.

“(b) The state board shall promulgate rules for the licensure, relicensure, and continuance of licensure of public school teachers and administrators that:

“(1) Require at a minimum that each in-state applicant for teacher licensure:

“(A) Completes an educator preparation program approved by the Department of Education, which shall include without limitation:

“(i) Educator preparation programs at institutions of higher education leading to a bachelor's degree or higher; and

“(ii) Alternative educator preparation programs under § 6-17-409; and

“(B) Demonstrates:

“(i) Licensure content area knowledge; and

“(ii) Knowledge of teaching methods; and

“(2) Require at a minimum that each in-state applicant for an administrator's license demonstrates knowledge of state-adopted competencies and standards for educational leaders.

“(c) The state board may promulgate rules for a tiered system of licensure, which may include without limitation:

“(1) An emergency teaching permit;

“(2) A technical permit;

“(3)(A) A provisional license.

“(B) The state board rules may provide that a provisional license may be issued if the applicant:

“(i) Meets the minimum qualifications under subdivision (b)(1)-(2) of this section as applicable to an applicant for a teaching or an administrator license; or

“(ii) Partially meets full licensure requirements;

“(4) A novice or first-time license;

“(5) A standard license; and

“(6)(A) A license with advanced requirements.

“(B) The state board may authorize a teacher leader advanced license or a teacher leader endorsement to a license.

“(d)(1) The state board shall approve the methods required for applicants to meet the requirements of this section.

“(2) All colleges, universities, and other state-approved programs that prepare teachers and administrators for licensure in this state shall report the results of any assessments required for licensure to the department upon request.

“(e) The state board shall not delegate to any college or university any of the state board's powers or duties pertaining to the licensure, relicensure, and continuance of licensure of public school teachers and administrators in public schools in this state.

“(f)(1) The state board shall promulgate rules for the licensure of individuals through reciprocity of licensure with other states under § 6-17-403.

“(2) The state board rules shall waive the examination requirements under this section for an individual applying for a first-time Arkansas license who has a valid out-of-state teaching license and three (3) years' documented teaching experience.

“(g) The state board may establish by rule minimum qualified teacher requirements for teachers employed where licensure has been waived pursuant to law.

“(h) Rules of the state board shall identify the following as core licensure content areas:

“(1) Early Childhood (K-6);

“(2) English language arts;

“(3) Mathematics;

“(4) Science;

“(5) Social studies;

“(6) Art;

“(7) Music; and

“(8) Foreign language.”

This section also was amended by Acts 2017, No. 416, § 1 to read as follows:

“(a) The State Board of Education shall issue the license of a classroom teacher, an administrator, a guidance counselor, or a library media specialist.

“(b)(1) The state board shall promulgate rules for the issuance, licensure, relicensure, and continuance of licensure of teachers in the public schools of this state.

“(2)(A) In addition to other requirements:

“(i) A person applying for first-time licensure as a secondary level teacher or as an administrator in the public schools or a licensed secondary level teacher, a licensed elementary general education teacher, or an administrator applying for a license in an additional area shall take and complete a test approved by the State Board of Education and submit the scores to the Department of Education; and

“(ii) (a) A person applying for first-time licensure for an elementary education (K-6) license or a special education (K-12) license shall take and pass a:

“(1) Subject matter content assessment;

“(2) Pedagogy assessment; and

“(3) Stand-alone assessment that examines the acquisition of knowledge of essential components of beginning reading instruction based on the science of reading.

“(b) The requirements under subdivision (b)(2)(A)(ii) (a) of this section shall apply to a person who:

“(1) Enters a teacher preparation program beginning in the 2017-2018 academic year or thereafter for a first-time elementary level (K-6) license or special education (K-12) license or endorsement; and

“(2) Upon adoption of the stand-alone reading assessment under subdivision (b)(2)(A)(ii) (a)(3) of this section, is seeking to add the elementary education (K-6) license level by testing out.

“(c) A person who enters an alternative educator preparation program beginning in the 2017-2018 academic year and receives an elementary education (K-6) provisional license or a special education (K-12) provisional license shall take and pass the stand-alone reading assessment under subdivision (b)(2)(A)(ii) (a)(3) of this section in order to receive a standard license.

“(d)(1) The recommendation for the adoption of a stand-alone reading assessment shall be made by a diverse group of stakeholders.

“(2) The stakeholders shall recommend a testing company for the stand-alone reading assessment that provides an extensive practice test that enables prospective teachers to practice the kinds of skills taught in their teacher preparation programs so they can learn how to teach reading skills and diagnose reading problems.

“(e) The stand-alone reading assessment adopted by the state board shall:

“(1) Include an adequate number of assessment items to ensure instructional knowledge of reading that is based on evidence-based practices related to the science of reading;

“(2) Ensure that at least fifty percent (50%) of the items assess instructional knowledge for beginning reading and are based on evidence-based practices related to the science of reading;

“(3) Include at least one (1) open-response question so that test takers can indicate how well they can demonstrate in writing their diagnostic interpretation of student reading errors; and

“(4) Include a clear distinction between reading elements in and skills needed for literary and formation texts in order to address the English language arts standards as determined by the state board.

“(f) The state board shall determine the cut score for the stand-alone reading assessment with strong consideration based on the national mean if the national mean is not less than seventy percent (70%) correct answers on the stand-alone reading assessment.

“(B) An applicant for initial licensure or licensure in an additional area shall not receive a license after July 1, 2007, unless the applicant scores at or above the minimum level set by the State Board of Education that is consistent with the recommendations of the Professional Licensure Standards Board.

“(C) The teacher preparation programs for licensure in this state shall report the results of the examinations to the department upon request.

“(c) The State Board of Education shall not delegate to a college or university any of the State Board of Education's powers or duties pertaining to the issuance, licensure, relicensure, and continuance of licensure of teachers in public schools in this state.

“(d)(1) The State Board of Education shall waive the examination requirements under subsection (b) of this section for an individual applying for a first-time Arkansas license who has a valid out-of-state teaching license and three (3) years' documented teaching experience as required by the rules promulgated by the State Board of Education.

“(2) A teacher who has fewer than three (3) years' documented teaching experience shall have up to three (3) years to pass the stand-alone reading assessment, during which the teacher may work under a provisional license.”

Amendments. The 2011 amendment rewrote (a).

The 2013 amendment repealed (e).

The 2015 amendment substituted “an individual applying for a first-time Arkansas license who has” for “individuals applying for licensure in Arkansas who have” in (d).

The 2017 amendment by No. 294 rewrote the section.

The 2017 amendment by No. 416 deleted “and regulations” in the section heading; in (b)(1), substituted “state board” for “State Board of Education” and deleted “and regulations” following “rules”; rewrote (b)(2)(A); substituted “The teacher preparation programs for licensure in this state” for “All colleges and universities in this state” in (b)(2)(C); redesignated former (d) as (d)(1); added (d)(2); and made stylistic changes.

The 2019 amendment by No. 540 rewrote (c)(2)(A)(ii) (a)

The 2019 amendment by No. 628 substituted “Elementary education” for “Early Childhood” in (j)(1); and added (k).

The 2019 amendment by No. 692 confirmed the 2017 codification decision of the Arkansas Code Revision Commission.

The 2019 amendment by No. 757 substituted “Elementary Education” for “Early Childhood” in (j)(1).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in the introductory language of (b)(1)(A); and substituted “division” for “department” in (d)(2).