Act 76 of l983. What teachers of school personnel are tested for certification. Must person holding positions as substitutes, bus drivers, ect., be tested or lose their certification? ANSWER: If they are certified, yes.

STEVE CLARK ATTORNEY GENERAL STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201} (501) 372-2007 February 7, 1985 OPINION NO. 85-30 The Honorable Alvin Dwiggins State Senator State Capitol Little Rock, Arkansas 72201 HAND DELIVERED Dear Senator Dwiggins: You have asked for an official opinion regarding the following question: Does Act 76 of the 1983 Extraordinary Session require people who are certified to teach to be an administrator in public schools in the State of Arkansas, but are employed by a public school in some other capacity such as a substitute teacher, bus driver, ect. during the 1984-85 school year to be tested or lose their certification? Section 2(a) of Act 76 of 1983 (ist Ex. Sess.) (hereinafter "Act 76") provides: During the 1984-85 school year, all certified personnel employed by public schools of this State shall undergo testing of their functional academic skills, including but not limited to, reading, writing and mathematics. (Emphasis added). Act 76 does not subsequently delineate any exemptions to its provision that all certified personnel employed by public schools must take the functional academic skills test. Therefore, it is my opinion that certified personnel employed in the public school system in Ar- kansas in the 1984-85 school year are required to take the functional academic skills test even if they are employed in some other capacity by a public school such as a substitute teacher, bus driver, etc. I might add that this interpretation is in accordance with the interpreta- tion of the Arkansas State Department of Education. The Honorable Alvin Dwiggins ‘February 7, 1985 Page 2 The foregoing opinion, which I hereby approve, was prepared by Deputy Chief of Staff R. B. Friedlander. Sincerely, Cd STEVE CLARK Attorney General SC:ble