(a)

(1) If a teacher in grades five through twelve (5-12) agrees to teach more than the maximum number of students permitted per day under the Standards for Accreditation of Arkansas Public Schools and School Districts or subdivision (a)(4)(A) of this section, then the teacher's pay under his or her contract shall be increased by an amount proportionate to the teacher's base pay and the additional number of students taught by the teacher.

(2) Subdivision (a)(1) of this section permits a teacher to agree to teach more than the maximum number of students permitted per day under the Standards for Accreditation of Arkansas Public Schools and School Districts or subdivision (a)(4)(A) of this section but does not permit a teacher to exceed the maximum class size permitted under the Standards for Accreditation of Arkansas Public Schools and School Districts.

(3) A teacher in grades five through twelve (5-12) may agree to use his or her conference period during the day to teach an additional class period or to teach more than the maximum number of students per day and shall be compensated at a prorated portion of his or her contract for both the extra class period and for every additional student he or she teaches over the maximum number of students permitted per day under the Standards for Accreditation of Arkansas Public Schools and School Districts or subdivision (a)(4)(A) of this section.

(4)

(A) Except when a teacher teaches a course that lends itself to large group instruction, as defined by the Department of Education, the maximum number of students a teacher in grades five through twelve (5-12) is permitted to teach without receiving additional compensation under this section shall not exceed one hundred fifty (150) students per day.

(B) The department shall include in the Standards for Accreditation of Arkansas Public Schools and School Districts the maximum number of students to be taught per day and the exception under subdivision (a)(4)(A) of this section.

(b)

(1) A teacher is not required to teach more than the maximum number of students permitted per day under the Standards for Accreditation of Arkansas Public Schools and School Districts, but a teacher may agree to teach more than the maximum number of students permitted per day.

(2) A teacher shall sign an agreement with the school district for the additional compensation that is applicable to the semester in which the teacher agrees to teach more than the maximum number of students permitted per day under the Standards for Accreditation of Arkansas Public Schools and School Districts.

(3)

(A) Neither the school district nor the teacher is obligated to enter into or renew an agreement or continue an agreement past the semester in which the agreement is signed.

(B) An agreement between the teacher and the school district shall be signed before any additional compensation is provided.

(C) The provisions of The Teacher Fair Dismissal Act of 1983, § 6-17-1501 et seq., do not apply to an agreement entered into between a teacher and a school district under this section.

(4) A public school or school district that enters into, renews, or continues an agreement with a teacher under this section is not in violation of the Standards for Accreditation of Arkansas Public Schools and School Districts because the teacher teaches more than the maximum number of students per day.

(c) This section does not apply to a public school that operates primarily as a virtual school.

(d) A school district shall adopt a policy to implement this section.

(e)

(1) The department shall promulgate rules to implement this section.

(2) The rules promulgated by the department shall include without limitation the manner in which students in grades five (5) and six (6) are to be counted for the purposes of this section.