S4/3/23 SB76 (47) C037C ADMINISTRATIVE ANALYST 12 GRADE GS06 (48) M053C CHILD CARE SERVICE SPECIALIST 5 GRADE GS06 (49) A074C FISCAL SUPPORT SUPERVISOR 3 GRADE GS06 (50) G180C GRANTS ANALYST 2 GRADE GS06 (51) R025C HUMAN RESOURCES ANALYST 1 GRADE GS06 (52) G179C LEGAL SERVICES SPECIALIST 1 GRADE GS06 (53) G178C POLICY DEVELOPMENT COORDINATOR 2 GRADE GS06 (54) B076C RESEARCH PROJECT ANALYST 1 GRADE GS06 (55) C022C BUSINESS OPERATIONS SPECIALIST 1 GRADE GS05 (56) V014C BUYER 1 GRADE GS05 (57) A091C FISCAL SUPPORT ANALYST 3 GRADE GS05 (58) D077C HELP DESK SPECIALIST 1 GRADE GS05 (59) C056C ADMINISTRATIVE SPECIALIST III 29 GRADE GS04 (60) R036C HUMAN RESOURCES SPECIALIST 1 GRADE GS04 (61) C073C ADMINISTRATIVE SPECIALIST II 17 GRADE GS03 MAX.

NO.

OF EMPLOYEES 302 SECTION 5.

EXTRA HELP - STATE OPERATIONS.

There is hereby authorized, for the Department of Education - Division of Elementary and Secondary Education - State Operations for the 2023-2024 fiscal year, the following maximum number of part-time or temporary employees, to be known as "Extra Help", payable from funds appropriated herein for such purposes:

eight (8) temporary or part-time employees, when needed, at rates of pay not to exceed those provided in the Uniform Classification and Compensation Act, or its successor, or this act for the appropriate classification.

SECTION 6.

APPROPRIATION - STATE OPERATIONS.

There is hereby appropriated, to the Department of Education, to be payable from the Division of Elementary and Secondary Education Fund Account, for personal services and operating expenses of the Department of Education - Division of Elementary and Secondary Education - State Operations for the fiscal year ending June 30, 2024, the following:

ITEM FISCAL YEAR NO.

2023-2024 (01) REGULAR SALARIES $13,523,874 04-03-2023 13:47:07 KMW020 As Engrossed:

S4/3/23 SB76 (02) EXTRA HELP 160,000 (03) PERSONAL SERVICES MATCHING 4,571,106 (04) MAINT.

& GEN.

OPERATION (A) OPER.

EXPENSE 3,411,057 (B) CONF.

& TRAVEL 93,161 (C) PROF.

FEES 100,000 (D) CAP.

OUTLAY 100,000 (E) DATA PROC.

0 TOTAL AMOUNT APPROPRIATED $21,959,198 SECTION 7.

APPROPRIATION - FEDERAL GRANTS ADMINISTRATION.

There is hereby appropriated, to the Department of Education, to be payable from the federal funds as designated by the Chief Fiscal Officer of the State, for personal services and operating expenses of the Department of Education - Division of Elementary and Secondary Education - Federal Grants Administration for the fiscal year ending June 30, 2024, the following:

ITEM FISCAL YEAR NO.

2023-2024 (01) REGULAR SALARIES $254,677 (02) PERSONAL SERVICES MATCHING 85,837 (03) MAINT.

& GEN.

OPERATION (A) OPER.

EXPENSE 49,970 (B) CONF.

& TRAVEL 19,672 (C) PROF.

FEES 260,000 (D) CAP.

OUTLAY 0 (E) DATA PROC.

0 TOTAL AMOUNT APPROPRIATED $670,156 SECTION 8.

APPROPRIATION - BUILDING MAINTENANCE.

There is hereby appropriated, to the Department of Education, to be payable from the Educational Buildings Maintenance Fund, for operating expenses of the Department of Education - Division of Elementary and Secondary Education - Building Maintenance for the fiscal year ending June 30, 2024, the following:

ITEM FISCAL YEAR 04-03-2023 13:47:07 KMW020 As Engrossed:

S4/3/23 SB76 NO.

2023-2024 (01) MAINT.

& GEN.

OPERATION (A) OPER.

EXPENSE $500,000 (B) CONF.

& TRAVEL 0 (C) PROF.

FEES 0 (D) CAP.

OUTLAY 0 (E) DATA PROC.

0 TOTAL AMOUNT APPROPRIATED $500,000 SECTION 9.

APPROPRIATION - REVOLVING LOAN CERTIFICATES PROGRAM.

There is hereby appropriated, to the Department of Education, to be payable from the Education Revolving Loan Certificates Fund, for personal services, operating expenses, and loans to school districts by the Department of Education - Division of Elementary and Secondary Education - Revolving Loan Certificates Fund for the fiscal year ending June 30, 2024, the following:

ITEM FISCAL YEAR NO.

2023-2024 (01) REGULAR SALARIES $52,281 (02) PERSONAL SERVICES MATCHING 18,861 (03) MAINT.

& GEN.

OPERATION (A) OPER.

EXPENSE 27,500 (B) CONF.

& TRAVEL 2,500 (C) PROF.

FEES 10,000 (D) CAP.

OUTLAY 0 (E) DATA PROC.

0 (04) LOANS TO SCHOOL DISTRICTS 13,000,000 (05) LOANS TO OPEN-ENROLLMENT PUBLIC CHARTER SCHOOLS 10,000,000 TOTAL AMOUNT APPROPRIATED $23,111,142 SECTION 10.

APPROPRIATION - CHILD NUTRITION PROGRAM.

There is hereby appropriated, to the Department of Education, to be payable from the federal funds as designated by the Chief Fiscal Officer of the State, for personal services, operating expenses, aid and reimbursements of the Department of Education - Division of Elementary and Secondary Education - Child Nutrition Program for the fiscal year ending June 30, 2024, the following:

04-03-2023 13:47:07 KMW020 As Engrossed:

S4/3/23 SB76 2 ITEM FISCAL YEAR NO.

2023-2024 (01) REGULAR SALARIES $1,157,077 (02) PERSONAL SERVICES MATCHING 423,435 (03) MAINT.

& GEN.

OPERATION (A) OPER.

EXPENSE 1,172,100 (B) CONF.

& TRAVEL 52,600 (C) PROF.

FEES 156,400 (D) CAP.

OUTLAY 50,000 (E) DATA PROC.

0 (04) SCHOOL FOOD SERVICE/NUTRITION ED 425,000,000 (05) REFUNDS/REIMBURSEMENTS 450,000 TOTAL AMOUNT APPROPRIATED $428,461,612 SECTION 11.

EXTRA HELP - FEDERAL ELEMENTARY AND SECONDARY EDUCATION.

There is hereby authorized, for the Department of Education - Division of Elementary and Secondary Education - Federal Elementary and Secondary Education for the 2023-2024 fiscal year, the following maximum number of part-time or temporary employees, to be known as "Extra Help", payable from funds appropriated herein for such purposes:

three (3) temporary or part- time employees, when needed, at rates of pay not to exceed those provided in the Uniform Classification and Compensation Act, or its successor, or this act for the appropriate classification.

SECTION 12.

APPROPRIATION - FEDERAL ELEMENTARY AND SECONDARY EDUCATION.

There is hereby appropriated, to the Department of Education, to be payable from the federal funds as designated by the Chief Fiscal Officer of the State, for personal services, operating expenses, aid and reimbursements of the Department of Education - Division of Elementary and Secondary Education - Federal Elementary and Secondary Education for the fiscal year ending June 30, 2024, the following:

ITEM FISCAL YEAR NO.

2023-2024 (01) REGULAR SALARIES $2,868,987 04-03-2023 13:47:07 KMW020 As Engrossed:

S4/3/23 SB76 (02) EXTRA HELP 10,000 (03) PERSONAL SERVICES MATCHING 984,057 (04) MAINT.

& GEN.

OPERATION (A) OPER.

EXPENSE 91,242,005 (B) CONF.

& TRAVEL 715,500 (C) PROF.

FEES 12,851,105 (D) CAP.

OUTLAY 200,000 (E) DATA PROC.

0 (05) ENTITLEMENT GRANT PROGRAMS 1,172,398,129 (06) REFUNDS/REIMBURSEMENTS 1,110,000 TOTAL AMOUNT APPROPRIATED $1,282,379,783 SECTION 13.

APPROPRIATION - MULTIPLE GRANT AWARD PROGRAM.

There is hereby appropriated, to the Department of Education, to be payable from the cash fund deposited in the State Treasury as determined by the Chief Fiscal Officer of the State, for operating expenses and grants by the Department of Education - Division of Elementary and Secondary Education - Multiple Grant Award Program for the fiscal year ending June 30, 2024, the following:

ITEM FISCAL YEAR NO.

2023-2024 (01) MAINT.

& GEN.

OPERATION (A) OPER.

EXPENSE $422,000 (B) CONF.

& TRAVEL 16,500 (C) PROF.

FEES 40,000 (D) CAP.

OUTLAY 100,000 (E) DATA PROC.

0 (02) MULTIPLE GRANT AWARDS 1,900,000 TOTAL AMOUNT APPROPRIATED $2,478,500 SECTION 14.

APPROPRIATION - MEDICAID REIMBURSEMENT PROGRAM.

There is hereby appropriated, to the Department of Education, to be payable from the cash fund deposited in the State Treasury as determined by the Chief Fiscal Officer of the State, for Medicaid reimbursement and administration of the Department of Education - Division of Elementary and Secondary Education - Medicaid Reimbursement Program for the fiscal year ending June 30, 2024, the 04-03-2023 13:47:07 KMW020 As Engrossed:

S4/3/23 SB76 following:

3 ITEM FISCAL YEAR NO.

2023-2024 (01) REFUNDS/REIMBURSEMENTS $13,659,017 (02) MEDICAID ADMIN 10,500 TOTAL AMOUNT APPROPRIATED $13,669,517 9 SECTION 15.

APPROPRIATION - ALTERNATIVE CERTIFICATION PROGRAM.

There is hereby appropriated, to the Department of Education, to be payable from the cash fund deposited in the State Treasury as determined by the Chief Fiscal Officer of the State, for operating expenses and grants by the Department of Education - Division of Elementary and Secondary Education - Alternative Certification Program for the fiscal year ending June 30, 2024, the following:

ITEM FISCAL YEAR NO.

2023-2024 (01) MAINT.

& GEN.

OPERATION (A) OPER.

EXPENSE $227,367 (B) CONF.

& TRAVEL 8,500 (C) PROF.

FEES 35,420 (D) CAP.

OUTLAY 0 (E) DATA PROC.

0 (02) ALT.

CERT.

PROG.

GRANTS AND AID 1,077,925 TOTAL AMOUNT APPROPRIATED $1,349,212 SECTION 16.

APPROPRIATION - CONFERENCES.

There is hereby appropriated, to the Department of Education, to be payable from the cash fund deposited in the State Treasury as determined by the Chief Fiscal Officer of the State, for operating expenses of conferences sponsored by the Department of Education - Division of Elementary and Secondary Education - Conferences for the fiscal year ending June 30, 2024, the following:

ITEM FISCAL YEAR NO.

2023-2024 04-03-2023 13:47:07 KMW020 As Engrossed:

S4/3/23 SB76 (01) MAINT.

& GEN.

OPERATION (A) OPER.

EXPENSE $400,000 (B) CONF.

& TRAVEL 25,000 (C) PROF.

FEES 50,000 (D) CAP.

OUTLAY 0 (E) DATA PROC.

0 TOTAL AMOUNT APPROPRIATED $475,000 9 SECTION 17.

APPROPRIATION - MEDICAID ADMINISTRATION CLAIMING PROGRAM.

There is hereby appropriated, to the Department of Education, to be payable from the cash fund deposited in the State Treasury as determined by the Chief Fiscal Officer of the State, for reimbursement of school districts for administrative activities that support the Arkansas Medicaid Program of the Department of Education - Division of Elementary and Secondary Education - Medicaid Administration Claiming Program for the fiscal year ending June 30, 2024, the following:

ITEM FISCAL YEAR NO.

2023-2024 (01) AR MEDICAID ADMIN CLAIMS $40,000,000 SECTION 18.

APPROPRIATION - ARKANSAS BETTER CHANCE PROGRAM - ADMINISTRATION.

There is hereby appropriated, to the Department of Education, to be payable from the Division of Elementary and Secondary Education Fund Account, for personal services and operating expenses of the Department of Education - Division of Elementary and Secondary Education - Arkansas Better Chance Program Administration for the fiscal year ending June 30, 2024, the following:

ITEM FISCAL YEAR NO.

2023-2024 (01) REGULAR SALARIES $452,355 (02) PERSONAL SERVICES MATCHING 165,597 (03) MAINT.

& GEN.

OPERATION (A) OPER.

EXPENSE 1,245,291 (B) CONF.

& TRAVEL 3,917 04-03-2023 13:47:07 KMW020 As Engrossed:

S4/3/23 SB76 (C) PROF.

FEES 297,610 (D) CAP.

OUTLAY 0 (E) DATA PROC.

0 TOTAL AMOUNT APPROPRIATED $2,164,770 6 SECTION 19.

REGULAR SALARIES - PROFESSIONAL LICENSURE STANDARDS BOARD.

There is hereby established for the Department of Education - Division of Elementary and Secondary Education - Professional Licensure Standards Board for the 2023-2024 fiscal year, the following maximum number of regular employees.

Maximum Annual Maximum Salary Rate Item Class No.

of Fiscal Year No.

Code Title Employees 2023-2024 (1) G004C MANAGING ATTORNEY 1 GRADE GS13 (2) X012C ADE PLSB CHIEF INVESTIGATOR 1 GRADE GS09 (3) X202C ADE PLSB SENIOR INVESTIGATOR 2 GRADE GS08 (4) X037C EDUCATION INVESTIGATOR 3 GRADE GS08 (5) C037C ADMINISTRATIVE ANALYST 2 GRADE GS06 (6) G179C LEGAL SERVICES SPECIALIST 1 GRADE GS06 (7) C056C ADMINISTRATIVE SPECIALIST III 1 GRADE GS04 MAX.

NO.

OF EMPLOYEES 11 SECTION 20.

APPROPRIATION - PROFESSIONAL LICENSURE STANDARDS BOARD.

There is hereby appropriated, to the Department of Education, to be payable from the cash fund deposited in the State Treasury as determined by the Chief Fiscal Officer of the State, for personal services, operating expenses, and grants by the Department of Education - Division of Elementary and Secondary Education - Professional Licensure Standards Board for the fiscal year ending June 30, 2024, the following:

ITEM FISCAL YEAR NO.

2023-2024 (01) REGULAR SALARIES $591,941 (02) PERSONAL SERVICES MATCHING 211,311 04-03-2023 13:47:07 KMW020 As Engrossed:

S4/3/23 SB76 (03) MAINT.

& GEN.

OPERATION (A) OPER.

EXPENSE 376,325 (B) CONF.

& TRAVEL 10,000 (C) PROF.

FEES 9,505 (D) CAP.

OUTLAY 50,000 (E) DATA PROC.

0 (04) EDTPA PROGRAM GRANTS 100,000 TOTAL AMOUNT APPROPRIATED $1,349,082 SECTION 21.

APPROPRIATION - OPEN ENROLLMENT PUBLIC CHARTER SCHOOL CLOSURE.

There is hereby appropriated, to the Department of Education, to be payable from the cash fund deposited in the State Treasury as determined by the Chief Fiscal Officer of the State, for outstanding obligations incurred by closed charter schools of the Department of Education - Division of Elementary and Secondary Education - Open Enrollment Public Charter School Closure for the fiscal year ending June 30, 2024, the following:

ITEM FISCAL YEAR NO.

2023-2024 (01) CHARTER SCHOOL CLOSURE $300,000 SECTION 22.

APPROPRIATION - SAVE THE CHILDREN GRANT.

There is hereby appropriated, to the Department of Education, to be payable from the Division of Elementary and Secondary Education Fund Account, for a grant for statewide in-school, summer, and after school literacy, nutrition, home visiting, and early childhood programs to be administered by Save the Children for low income, at-risk children by the Department of Education - Division of Elementary and Secondary Education - Save the Children Grant for the fiscal year ending June 30, 2024, the following:

ITEM FISCAL YEAR NO.

2023-2024 (01) SAVE THE CHILDREN GRANT $500,000 SECTION 23.

APPROPRIATION - SCHOOL SAFETY GRANTS.

There is hereby appropriated, to the Department of Education, to be payable from the Division 04-03-2023 13:47:07 KMW020 As Engrossed:

S4/3/23 SB76 of Elementary and Secondary Education Fund Account, for School Safety Grants by the Department of Education - Division of Elementary and Secondary Education - School Safety Grants for the fiscal year ending June 30, 2024, the following:

6 ITEM FISCAL YEAR NO.

2023-2024 (01) SCHOOL SAFETY GRANTS $50,000,000 SECTION 24.

There is hereby appropriated, to the Department of Education, to be payable from the Arkansas Children's Educational Freedom Account Fund, for Educational Freedom Accounts by the Department of Education - Division of Elementary and SecondaryKMW052 Education - Educational03-30-2023 Freedom11:25:48 AccountsAmendment forNo. the fiscal year ending June 30, 2024, the following:

1 to Senate Bill 76 Page 3 of 4 Secondary Education - Educational Freedom Accounts for the fiscal year ending June 30, 2024, the following:

2023-2024 (01) EDUCATIONAL FREEDOM ACCOUNTS $52,100,000$52,100,000" AND Appropriately renumber all SECTION 25.numbers of the bill.

SPECIALThe LANGUAGE.Amendment was read the first time, rules suspended and read the second time and _______________________ By:

NOTJoint TOBudget BECommittee INCORPORATEDBy: INTO THE ARKANSAS CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.

CARRYSenator FORWARD.B.

NotwithstandingDavis anyKMW/KMW law- pertaining03-30-2023 to11:25:48 the_________________________ transferKMW052 ofSecretary year-endKMW052 fund- balances03-30-2023 or11:25:48 anyAmendment lawNo. to the contrary, any funds which remain in the Division of Elementary and Secondary Education Fund Account at the end of a fiscal year shall remain in the Division of Elementary and Secondary Education Fund Account and be made available to fund appropriation(s) authorized by law and made payable from the Division of Elementary and Secondary Education Fund Account for the following fiscal year.

Any1 carryto forwardSenate ofBill unexpended76 balancePage 4 of funding4 as authorized herein, may be carried forward under the following conditions:

(1) Prior to June 30, 2023 2024 the Agency shall by written statement set forth its reason(s) for the need to carry forward said funding to the Department of Finance and Administration Office of Budget;

(2) The Department of Finance and Administration Office of Budget shall report to the Arkansas Legislative Council or Joint Budget Committee all 04-03-2023 13:47:07 KMW020 As Engrossed:

S4/3/23 SB76 amounts carried forward by the September Arkansas Legislative Council or Joint Budget Committee meeting which report shall include the name of the Agency, Board, Commission or Institution and the amount of the funding carried forward, the program name or line item, the funding source of that appropriation and a copy of the written request set forth in (1) above;

(3) Each Agency, Board, Commission or Institution shall provide a written report to the Arkansas Legislative Council or Joint Budget Committee containing all information set forth in item (2) above, along with a written statement as to the current status of the project, contract, purpose etc.

for which the carry forward was originally requested no later than thirty (30) days prior to the time the Agency, Board, Commission or Institution presents its budget request to the Arkansas Legislative Council/Joint Budget Committee;

and (4) Thereupon, the Department of Finance and Administration shall include all information obtained in item (3) above in the budget manuals and/or a statement of non-compliance by the Agency, Board, Commission or Institution.

The provisions of this section shall be in effect only from July 1, 2022 2023 through June 30, 2023 2024.

SECTION 26.

SPECIAL LANGUAGE — CODE AMENDMENT.

Arkansas Code § 25-43- 503, concerning the Secretary of the Department of Education, is amended to add additional subsections to codify special language in appropriation acts to read as follows:

(g) The appropriation for the salary of the secretary shall be the sole and exclusive authority for his or her salary.

(h) The secretary shall:

(1) Devote all of his or her working time exclusively to the performance of his or her duties as secretary;

and (2) Not accept any additional salary from any other source, including without limitation state, federal, or a private entity or person, for the performance of his or her duties as secretary;

and (3) Not accept any salary, fees, or compensation from any other source, including without limitation state, federal, or a private entity or person, for any other employment of any kind outside the scope of his or her duties as secretary, including without limitation consulting work for any 04-03-2023 13:47:07 KMW020 As Engrossed:

S4/3/23 SB76 other public or private entity.

(i) This section does not prohibit the secretary from accepting or receiving expense reimbursements and employee benefits as provided under state law.

6 SECTION 27.

SPECIAL LANGUAGE.

NOT TO BE INCORPORATED INTO THE ARKANSAS CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL, AND TEMPORARY LAW.

SCHOOL SAFETY SET-ASIDE.

(a) (1) The Department of Education shall not begin the process of promulgating rules for the distribution of funds in the School Safety Set- Aside or Contingency Vote 3/5 Set-Aside until authorized by Legislative Council.

(2) The department shall not disburse any funds in the School Safety Set-Aside or Contingency Vote 3/5 Set-Aside until the rules have been approved by Legislative Council.

(b) Notwithstanding other provisions of law, the Chief Fiscal Officer of the State may from time to time transfer on his or her books and those of the Treasurer of State and the Auditor of State funds from the Restricted Reserve Fund School Safety Set-Aside or Contingency Vote 3/5 Set-Aside after receiving prior approval of the greater of three-fifths (3/5) of the quorum present or a majority of the membership of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, for the Department of Education to distribute funds for the School Safety Grant program, as approved in this section as set out in subsection (a) herein, or for the distribution of funds from this set-aside for unanticipated state needs.

(c)(1) The General Assembly finds:

(A) Determining the maximum amount of appropriation and funding for a state agency or institution each fiscal year is the prerogative of the General Assembly;

(B) Determining the maximum amount of appropriation and funding for a state agency or institution is usually accomplished by delineating the maximum amounts in the appropriation acts for the state agency or institution and in the general revenue allocations authorized for each relevant fund and fund account by amendment to the Revenue Stabilization Law, § 19-5-101 et seq.;

and 04-03-2023 13:47:07 KMW020 As Engrossed:

S4/3/23 SB76 (C) The Restricted Reserve Fund has established procedures for the transfer of funds to various funds and fund accounts for the efficient and effective operation of state government.

(2)(A) It is necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, as provided in § 19-5-1263(c).

(B) The requirement of approval by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, is not a severable part of § 19-5-1263.

(C) If the requirement of approval by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, is ruled unconstitutional by a court of competent jurisdiction, § 19-5-1263(c)-(e) are void in their entirety.

(d) The provisions of this section shall be in effect only from July 1, 2023 through June 30, 2024.

SECTION 28.

SPECIAL LANGUAGE.

NOT TO BE INCORPORATED INTO THE ARKANSAS CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.

ESTABLISHMENT OF A "POSITION POOL".

(a) To address needs emerging from statewide education issues and the necessity of recruiting and retaining qualified personnel, the Arkansas Department of Education or its successor agency is authorized for the 2022-2023 2023-2024 fiscal year a pool of no more than five (5) Information Technology positions at a salary not to exceed the maximum salary for a grade IT12.

These positions are to be used by the Department of Education in the event that the personal services needs of the Department during the 2022-2023 2023-2024 fiscal year require additional positions, either by title or in number, that are not authorized by the General Assembly in the Regular Salaries section of this Act.

These positions may also be used to properly classify positions when the Department does not have a vacant position available with the appropriate title and salary level.

(b) To address needs emerging from statewide education issues and the necessity of recruiting and retaining qualified personnel, the Arkansas Department of Education or its successor agency is authorized for the 2022- 2023 2023-2024 fiscal year a pool of ten (10) General Salaries positions at up to a grade GS15.

These positions are to be used by the Department of 04-03-2023 13:47:07 KMW020 As Engrossed:

S4/3/23 SB76 Education in the event that the personal services needs of the Department during the 2022-2023 2023-2024 fiscal year require additional positions, either by classification or in number, that are not authorized by the General Assembly in the Regular Salaries section of this Act.

These positions may also be used to properly classify positions when the Department does not have a vacant position available with the appropriate title and grade level.

(c) Any salary determinations or adjustments administered under the provisions of Subsections (a) and (b) of this Section shall be made by comparing the qualifications and salary levels of similar employees in school districts or in other state education agencies.

(d) The Department of Education is authorized to access the pool positions authorized in this Section at any time when it is determined by the Commissioner Secretary that the need exists.

The Commissioner Secretary shall provide a monthly report of the justification for the need to allocate titles from this growth pool to the Chief Fiscal Officer of the State and to the Arkansas Legislative Council or Joint Budget Committee for review.

The report shall also include an accounting of the names, titles, and salaries of personnel whose salaries have been adjusted under provisions of Subsections (a) and (b) of this Section.

(e) If the Department of Education requests continuation of any "Position Pool" position(s) as established herein during the next fiscal year, the position(s) must be requested as a new position(s) in the agency’s budget request.

(f) Determining the number of personnel to be employed by a state agency is the prerogative of the General Assembly and is usually accomplished by delineating the maximum number of personnel by identifying job titles and the maximum grade or salary attached to those titles.

The General Assembly has determined that the Arkansas Department of Education could be operated more efficiently if some flexibility is given to that agency.

That flexibility is being accomplished by providing a position pool in Subsections (a) and (b) of this Section and since the General Assembly has granted the agency broad powers under the growth pool concept, it is both necessary and appropriate that the General Assembly maintain oversight of the utilization of the position pool by requiring review of the Legislative Council or Joint Budget Committee in the utilization of the position pool.

Therefore, the requirement of review by the Legislative Council or Joint Budget Committee is not a 04-03-2023 13:47:07 KMW020 As Engrossed:

S4/3/23 SB76 severable part of this section.

If the requirement of review by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.

The provisions of this section shall be in effect only from July 1, 2022 2023 through June 30, 2023 2024.

7 SECTION 29.

SPECIAL LANGUAGE.

NOT TO BE INCORPORATED INTO THE ARKANSAS CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW.

SHARED SERVICES.

(a)(1) The Chief Fiscal Officer of the State may create a Shared Services paying accounts on his or her books and on the books of the Treasurer of State and the Auditor of State for the payment of personal services and operating expenses in the Shared Services Paying Account Appropriation by the Department of Education.

(2) The Chief Fiscal Officer of the State shall direct the transfer of funds and appropriations to the Shared Services Paying Account appropriation section of this act on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State.

(3) The transfer authority provided to the department in subdivision (a)(2) of this section may be used to make transfers only within the department's appropriation act or between other appropriation acts authorized for the department.

(4) The provisions of this section shall be in effect from the date of passage through June 30, 2023 2024.

SECTION 30.

COMPLIANCE WITH OTHER LAWS.

Disbursement of funds authorized by this act shall be limited to the appropriation for such agency and funds made available by law for the support of such appropriations;

and the restrictions of the State Procurement Law, the General Accounting and Budgetary Procedures Law, the Revenue Stabilization Law, the Regular Salary Procedures and Restrictions Act, or their successors, and other fiscal control laws of this State, where applicable, and regulations promulgated by the Department of Finance and Administration, as authorized by law, shall be strictly complied with in disbursement of said funds.

SECTION 31.

LEGISLATIVE INTENT.

It is the intent of the General Assembly that any funds disbursed under the authority of the appropriations 04-03-2023 13:47:07 KMW020 As Engrossed:

S4/3/23 SB76 contained in this act shall be in compliance with the stated reasons for which this act was adopted, as evidenced by the Agency Requests, Executive Recommendations and Legislative Recommendations contained in the budget manuals prepared by the Department of Finance and Administration, letters, or summarized oral testimony in the official minutes of the Arkansas Legislative Council or Joint Budget Committee which relate to its passage and adoption.

8 SECTION 32.

EMERGENCY CLAUSE.

It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period;

that the effectiveness of this Act on July 1, 2023 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2023 could work irreparable harm upon the proper administration and provision of essential governmental programs.

Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2023.

/s/Joint Budget Committee APPROVED:

4/13/23 21 04-03-2023 13:47:07 KMW020