§ 12-29-304 - Costs and funding. - Arkansas Statutes

12-29-304. Costs and funding.

(a) The cost of implementing and operating the Corrections School System shall be borne by the state and shall be paid from funds appropriated by the General Assembly from the general revenues of the state to the Department of Correction, the Department of Community Correction, and the Department of Education, together with any federal funds that may be available for that purpose and from any funds generated from the operations of the Department of Correction and the Department of Community Correction, in the following manner:

(1) The cost of facilities, equipment, and current operation in excess of the amount of grants and aids received from the Department of Education shall be borne by the Department of Correction and the Department of Community Correction as approved by the Board of Corrections;

(2) (A) The system, as other school districts in the state, shall share in the distribution of grants and aids from the Department of Education.

(B) However, in no case shall the moneys from the Public School Fund to the system be in excess of the line item appropriation provided to the system in the fund.

(b) (1) Recognizing that the primary roles, duties, and responsibilities of the Department of Correction and the Department of Community Correction are to serve as penal and correctional institutions, the system shall be exempt from and shall not be penalized in any manner for not complying with:

(A) All of the following:

(i) The Quality Education Act of 2003, 6-15-201 et seq.;

(ii) The Arkansas Comprehensive Testing, Assessment, and Accountability Program Act, 6-15-401 et seq.;

(iii) Sections 6-15-901, 6-15-902, 6-15-2001 -- 6-15-2008, 6-15-2101 -- 6-15-2107, 6-15-2201, 6-15-2301, and 6-16-1201 -- 6-16-1206;

(iv) The Arkansas Fiscal Assessment and Accountability Program, 6-20-1901 et seq.; and

(v) The Arkansas Educational Financial Accounting and Reporting Act of 2004, 6-20-2201 et seq.;

(B) Any state laws or rules adopted to comply with the federal Elementary and Secondary Education Act as reauthorized under the No Child Left Behind Act of 2001, 20 U.S.C. 6301 et seq., as in existence on January 1, 2005; and

(C) Any rule of the State Board of Education related to the provisions listed in this subdivision (b)(1).

(2) The system's exemption from or noncompliance with the provisions under this subsection shall not affect the system's, the Department of Correction's, or the Department of Community Correction's eligibility to apply for or receive state grants or aids for public school districts as authorized in this subchapter and related rules.