On May 2, 2022, the Division of Elementary and
Secondary Education Rules Governing Act 1240 Waivers took effect. A copy of those rules is attached for your
As noted in the Rules, there are three reasons for
which a school district may receive an Act 1240 waiver: (1) to enhance student
learning opportunities; (2) to promote innovation; or (3) to increase equitable
access to effective teachers. The
Division recently updated its Act 1240 Waiver request forms (one to use for new
requests and another for extension requests), which can be found on its website
of Elementary and Secondary Education - Offices - Legal Services - Act 1240
Waiver (arkansas.gov). When requesting an Act 1240 waiver, a school district must specify which
of these three goals the waiver will support and provide a detailed rationale.
All Act 1240 waiver requests should be emailed to DESE’s
Legal Unit at firstname.lastname@example.org
and email@example.com. Pursuant to Ark. Code Ann. § 6-15-103(c), DESE
has 90 days from receipt of a complete Act 1240 Waiver request to present the
request to the State Board of Education.
Districts should keep this 90-day time frame in mind when planning to
seek a new waiver or renew an existing one.
Importantly, the purpose of an Act 1240 waiver is not
to avoid a violation of the Standards for Accreditation. If a district fails to meet the Standards, it
may file a request for a Standards for Accreditation waiver in accordance with Ark.
Code Ann. § 6-15-202(b)(2)(A). The
waiver request must be in writing on school district letterhead and must detail
the reason for the request. It should be emailed to DESE’s Division of Public School Accountability at firstname.lastname@example.org
Attached is a table that summarizes differences
between Act 1240 and Standards for Accreditation waivers. It also summarizes available teacher
licensure exceptions that a district should consider before requesting an Act
1240 or Standards for Accreditation waiver.
More information concerning these exceptions can be found in DESE’s
Rules Governing Educator Licensure, or districts may contact the Educator
Licensure Unit at (501) 682-4342.