Ark. Code Ann. § 6-18-222 — AR Code / Title 6 / Chapter 18 / Subchapter 2 / Section 6-18-222
Penalty for unexcused absences - Revocation of driving privilege - Definition
Status: in_force

(a) (1) (A) (i) The board of directors of each school district in this state shall adopt a student attendance policy, as provided for in § 6-18-209 , which shall include a certain number of unexcused absences that may be used as a basis for denial of course credit, promotion, or graduation. (ii) However, unexcused absences shall not be a basis for expulsion or dismissal of a student. (B) The legislative intent is that a student having unexcused absences because of illness, accident, or other unavoidable reasons should be given assistance in obtaining credit for the courses. (2) (A) The Career Education and Workforce Development Board shall adopt a student attendance policy for sixteen-year-olds and seventeen-year-olds enrolled in an adult education program. (B) The policy shall require a minimum attendance of ten (10) hours per week to remain in the program. (3) A copy of the school district's student attendance policy or the Career Education and Workforce Development Board's student attendance policy for sixteen-year-olds and seventeen-year-olds enrolled in adult education shall be provided to the parent, guardian, or person in loco parentis of each student enrolled in an adult education program at the beginning of the school year or upon enrollment, whichever event first occurs. (4) (A) (i) A student's parent, guardian, or person in loco parentis and the community truancy board, if the community truancy board has been created, shall be notified when the student has accumulated unexcused absences equal to one-half (1/2) the total number of absences permitted per semester under the school district's or the Career Education and Workforce Development Board's student attendance policy. (ii) Notice shall be by telephonic contact with the student's parent, guardian, or person in loco parentis by the end of the school day in which the absence occurred or by regular mail with a return address on the envelope sent no later than the following school day. (iii) Notice to the community truancy board, if the community truancy board has been created, shall be by letter to the chair of the community truancy board. (B) If a community truancy board has been created, the community truancy board shall schedule a conference with the parent, guardian, or person in loco parentis to establish a plan to take steps to eliminate or reduce the student's absences. (C) (i) If the community truancy board has scheduled a conference and the student's parent, guardian, or person in loco parentis does not attend the conference, the conference may be conducted with the student and a school official. (ii) However, the parent, guardian, or person in loco parentis shall be notified of the steps to be taken to eliminate or reduce the student's absences. (D) (i) Before a student accumulates the maximum number of unexcused absences allowed in a school district's student attendance policy, the student or the student's parent, guardian, or person in loco parentis may petition the school administration or school district administration for special arrangements to address the student's unexcused absences. (ii) If special arrangements are granted by the school administration or the school district administration, the arrangements will be formalized into a written agreement to include the conditions of the agreement and the consequences for failing to fulfill the requirements of the agreement. (iii) The agreement shall be signed by the: (a) Designee of the school administration or of the school district administration; (b) Student's parent, guardian, or person in loco parentis; and (c) Student. (5) (A) When a student exceeds the number of unexcused absences provided for in the district's or the Career Education and Workforce Development Board's student attendance policy, or when a student has violated the conditions of an agreement granting special arrangements under subdivision (a)(4)(D) of this section, the school district or the adult education program shall notify the prosecuting authority and the community truancy board, if a community truancy board has been created, and the student's parent, guardian, or person in loco parentis shall be subject to a civil penalty through a family in need of services action in circuit court, as authorized under subdivision (a)(6)(A) of this section, but not to exceed five hundred dollars ($500) plus costs of court and any reasonable fees assessed by the court. (B) The penalty shall be forwarded by the court to the school or the adult education program attended by the student. (C) The school district shall notify the prosecuting authority if the school district receives information indicating that the student has relocated to a county in another judicial district. (6) (A) (i) Upon notification by the school district or the adult education program to the prosecuting authority, the prosecuting authority shall file in circuit court a family in need of services petition pursuant to § 9-27-310 or enter into a diversion agreement with the student pursuant to § 9-27-323 . (ii) For any action filed in circuit court to impose the civil penalty set forth in subdivision (a)(5) of this section, the prosecuting authority shall be exempt from all filing fees and shall take whatever action is necessary to collect the penalty provided for in subdivision (a)(5) of this section. (B) Municipal attorneys may practice in circuit court for the limited purpose of filing petitions or entering into diversion agreements as authorized by this subdivision (a)(6)(B) if agreed upon by all of the parties pursuant to subdivision (a)(6)(A) of this section. (C) The prosecuting authority may file a motion to transfer a family in need of services case involving the student if the prosecuting authority: (i) Either: (a) Receives the notice required under subdivision (a)(5)(C) of this section; or (b) Receives information indicating that the student has relocated to a county in another judicial district; and (ii) Knows the address of the student in the county to which the student has relocated. (7) (A) The purpose of the penalty set forth in this subsection is to impress upon the parents, guardians, or persons in loco parentis the importance of school or adult education attendance, and the penalty is not to be used primarily as a source of revenue. (B) (i) When assessing penalties, the court shall be aware of any available programs designed to improve the parent-child relationship or parenting skills. (ii) When practicable and appropriate, the court may utilize mandatory attendance at the programs as well as community service requirements in lieu of monetary penalties. (8) As used in this section, "prosecuting authority" means: (A) The elected district prosecuting attorney or his or her appointed deputy for schools located in unincorporated areas of the county or within cities not having a district court; and (B) The prosecuting attorney of the city for schools located within the city limits of cities having a district court in which a city prosecutor represents the city for violations of city ordinances or traffic violations. (9) In any instance in which it is found that the school district, the adult education program, or the prosecuting authority is not complying with the provisions of this section, the State Board of Education may petition the circuit court to issue a writ of mandamus. (b) (1) (A) Each public, private, or parochial school shall notify the Department of Finance and Administration whenever a student fourteen (14) years of age or older is no longer in school. (B) Each adult education program shall notify the department whenever a student sixteen (16) or seventeen (17) years of age has left the adult education program without receiving a high school equivalency certificate. (2) (A) Upon receipt of notification, the department shall notify the licensee by certified mail, return receipt requested, that his or her motor vehicle operator's license will be suspended unless a hearing is requested in writing within thirty (30) days from the date of notice. (B) The licensee shall be entitled to retain or regain his or her license by providing the department with adequate evidence that: (i) The licensee is eighteen (18) years of age; (ii) The licensee is attending school or an adult education program; or (iii) The licensee has obtained a high school diploma or its equivalent. (C) (i) In cases in which demonstrable financial hardship would result from the suspension of the learner's permit or driver's license, the department may grant exceptions only to the extent necessary to ameliorate the hardship. (ii) If it can be demonstrated that the conditions for granting a hardship were fraudulent, the parent, guardian, or person in loco parentis shall be subject to all applicable perjury statutes. (3) This section applies with the same force and effect to students attending school via virtual or remote learning programs. (4) The department may promulgate rules to carry out the intent of this section and shall distribute to each public, private, and parochial school and each adult education program a copy of all rules adopted under this section. Amended by Act 2021, No. 897,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 816,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 816,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 247, eff. 7/24/2019. Amended by Act 2019, No. 692,§ 7, eff. 7/24/2019. Amended by Act 2013, No. 1322,§ 10, eff. 8/16/2013. Amended by Act 2013, No. 1322,§ 9, eff. 8/16/2013. Amended by Act 2013, No. 1322,§ 8, eff. 8/16/2013. Amended by Act 2013, No. 1322,§ 7, eff. 8/16/2013. Amended by Act 2013, No. 1322,§ 4, eff. 8/16/2013. Acts 1989, No. 473, §§ 1, 2; 1989 (3rd Ex. Sess.), No. 70, §§ 1-5; 1991, No. 876, § 1; 1992 (1st Ex. Sess.), No. 42, § 1; 1994 (2nd Ex. Sess.), No. 30, § 2; 1994 (2nd Ex. Sess.), No. 31, § 2; 1995, No. 572, § 1; 1995, No. 837, § 3; 1995, No. 1296, § 23; 1997, No. 1308, § 1; 1999, No. 1323, § 20; 1999, No. 1579, § 2[3]; 2003, No. 1166, § 38; 2011, No. 1223, § 4.

(a) (1) (A) (i) The board of directors of each school district in this state shall adopt a student attendance policy, as provided for in § 6-18-209 , which shall include a certain number of unexcused absences that may be used as a basis for denial of course credit, promotion, or graduation. (ii) However, unexcused absences shall not be a basis for expulsion or dismissal of a student. (B) The legislative intent is that a student having unexcused absences because of illness, accident, or other unavoidable reasons should be given assistance in obtaining credit for the courses. (2) (A) The Career Education and Workforce Development Board shall adopt a student attendance policy for sixteen-year-olds and seventeen-year-olds enrolled in an adult education program. (B) The policy shall require a minimum attendance of ten (10) hours per week to remain in the program. (3) A copy of the school district's student attendance policy or the Career Education and Workforce Development Board's student attendance policy for sixteen-year-olds and seventeen-year-olds enrolled in adult education shall be provided to the parent, guardian, or person in loco parentis of each student enrolled in an adult education program at the beginning of the school year or upon enrollment, whichever event first occurs. (4) (A) (i) A student's parent, guardian, or person in loco parentis and the community truancy board, if the community truancy board has been created, shall be notified when the student has accumulated unexcused absences equal to one-half (1/2) the total number of absences permitted per semester under the school district's or the Career Education and Workforce Development Board's student attendance policy. (ii) Notice shall be by telephonic contact with the student's parent, guardian, or person in loco parentis by the end of the school day in which the absence occurred or by regular mail with a return address on the envelope sent no later than the following school day. (iii) Notice to the community truancy board, if the community truancy board has been created, shall be by letter to the chair of the community truancy board. (B) If a community truancy board has been created, the community truancy board shall schedule a conference with the parent, guardian, or person in loco parentis to establish a plan to take steps to eliminate or reduce the student's absences. (C) (i) If the community truancy board has scheduled a conference and the student's parent, guardian, or person in loco parentis does not attend the conference, the conference may be conducted with the student and a school official. (ii) However, the parent, guardian, or person in loco parentis shall be notified of the steps to be taken to eliminate or reduce the student's absences. (D) (i) Before a student accumulates the maximum number of unexcused absences allowed in a school district's student attendance policy, the student or the student's parent, guardian, or person in loco parentis may petition the school administration or school district administration for special arrangements to address the student's unexcused absences. (ii) If special arrangements are granted by the school administration or the school district administration, the arrangements will be formalized into a written agreement to include the conditions of the agreement and the consequences for failing to fulfill the requirements of the agreement. (iii) The agreement shall be signed by the: (a) Designee of the school administration or of the school district administration; (b) Student's parent, guardian, or person in loco parentis; and (c) Student. (5) (A) When a student exceeds the number of unexcused absences provided for in the district's or the Career Education and Workforce Development Board's student attendance policy, or when a student has violated the conditions of an agreement granting special arrangements under subdivision (a)(4)(D) of this section, the school district or the adult education program shall notify the prosecuting authority and the community truancy board, if a community truancy board has been created, and the student's parent, guardian, or person in loco parentis shall be subject to a civil penalty through a family in need of services action in circuit court, as authorized under subdivision (a)(6)(A) of this section, but not to exceed five hundred dollars ($500) plus costs of court and any reasonable fees assessed by the court. (B) The penalty shall be forwarded by the court to the school or the adult education program attended by the student. (C) The school district shall notify the prosecuting authority if the school district receives information indicating that the student has relocated to a county in another judicial district. (6) (A) (i) Upon notification by the school district or the adult education program to the prosecuting authority, the prosecuting authority shall file in circuit court a family in need of services petition pursuant to § 9-27-310 or enter into a diversion agreement with the student pursuant to § 9-27-323 . (ii) For any action filed in circuit court to impose the civil penalty set forth in subdivision (a)(5) of this section, the prosecuting authority shall be exempt from all filing fees and shall take whatever action is necessary to collect the penalty provided for in subdivision (a)(5) of this section. (B) Municipal attorneys may practice in circuit court for the limited purpose of filing petitions or entering into diversion agreements as authorized by this subdivision (a)(6)(B) if agreed upon by all of the parties pursuant to subdivision (a)(6)(A) of this section. (C) The prosecuting authority may file a motion to transfer a family in need of services case involving the student if the prosecuting authority: (i) Either: (a) Receives the notice required under subdivision (a)(5)(C) of this section; or (b) Receives information indicating that the student has relocated to a county in another judicial district; and (ii) Knows the address of the student in the county to which the student has relocated. (7) (A) The purpose of the penalty set forth in this subsection is to impress upon the parents, guardians, or persons in loco parentis the importance of school or adult education attendance, and the penalty is not to be used primarily as a source of revenue. (B) (i) When assessing penalties, the court shall be aware of any available programs designed to improve the parent-child relationship or parenting skills. (ii) When practicable and appropriate, the court may utilize mandatory attendance at the programs as well as community service requirements in lieu of monetary penalties. (8) As used in this section, "prosecuting authority" means: (A) The elected district prosecuting attorney or his or her appointed deputy for schools located in unincorporated areas of the county or within cities not having a district court; and (B) The prosecuting attorney of the city for schools located within the city limits of cities having a district court in which a city prosecutor represents the city for violations of city ordinances or traffic violations. (9) In any instance in which it is found that the school district, the adult education program, or the prosecuting authority is not complying with the provisions of this section, the State Board of Education may petition the circuit court to issue a writ of mandamus.

(1) (A) (i) The board of directors of each school district in this state shall adopt a student attendance policy, as provided for in § 6-18-209 , which shall include a certain number of unexcused absences that may be used as a basis for denial of course credit, promotion, or graduation. (ii) However, unexcused absences shall not be a basis for expulsion or dismissal of a student. (B) The legislative intent is that a student having unexcused absences because of illness, accident, or other unavoidable reasons should be given assistance in obtaining credit for the courses.

(A) (i) The board of directors of each school district in this state shall adopt a student attendance policy, as provided for in § 6-18-209 , which shall include a certain number of unexcused absences that may be used as a basis for denial of course credit, promotion, or graduation. (ii) However, unexcused absences shall not be a basis for expulsion or dismissal of a student.

(i) The board of directors of each school district in this state shall adopt a student attendance policy, as provided for in § 6-18-209 , which shall include a certain number of unexcused absences that may be used as a basis for denial of course credit, promotion, or graduation.

(ii) However, unexcused absences shall not be a basis for expulsion or dismissal of a student.

(B) The legislative intent is that a student having unexcused absences because of illness, accident, or other unavoidable reasons should be given assistance in obtaining credit for the courses.

(2) (A) The Career Education and Workforce Development Board shall adopt a student attendance policy for sixteen-year-olds and seventeen-year-olds enrolled in an adult education program. (B) The policy shall require a minimum attendance of ten (10) hours per week to remain in the program.

(A) The Career Education and Workforce Development Board shall adopt a student attendance policy for sixteen-year-olds and seventeen-year-olds enrolled in an adult education program.

(B) The policy shall require a minimum attendance of ten (10) hours per week to remain in the program.

(3) A copy of the school district's student attendance policy or the Career Education and Workforce Development Board's student attendance policy for sixteen-year-olds and seventeen-year-olds enrolled in adult education shall be provided to the parent, guardian, or person in loco parentis of each student enrolled in an adult education program at the beginning of the school year or upon enrollment, whichever event first occurs.

(4) (A) (i) A student's parent, guardian, or person in loco parentis and the community truancy board, if the community truancy board has been created, shall be notified when the student has accumulated unexcused absences equal to one-half (1/2) the total number of absences permitted per semester under the school district's or the Career Education and Workforce Development Board's student attendance policy. (ii) Notice shall be by telephonic contact with the student's parent, guardian, or person in loco parentis by the end of the school day in which the absence occurred or by regular mail with a return address on the envelope sent no later than the following school day. (iii) Notice to the community truancy board, if the community truancy board has been created, shall be by letter to the chair of the community truancy board. (B) If a community truancy board has been created, the community truancy board shall schedule a conference with the parent, guardian, or person in loco parentis to establish a plan to take steps to eliminate or reduce the student's absences. (C) (i) If the community truancy board has scheduled a conference and the student's parent, guardian, or person in loco parentis does not attend the conference, the conference may be conducted with the student and a school official. (ii) However, the parent, guardian, or person in loco parentis shall be notified of the steps to be taken to eliminate or reduce the student's absences. (D) (i) Before a student accumulates the maximum number of unexcused absences allowed in a school district's student attendance policy, the student or the student's parent, guardian, or person in loco parentis may petition the school administration or school district administration for special arrangements to address the student's unexcused absences. (ii) If special arrangements are granted by the school administration or the school district administration, the arrangements will be formalized into a written agreement to include the conditions of the agreement and the consequences for failing to fulfill the requirements of the agreement. (iii) The agreement shall be signed by the: (a) Designee of the school administration or of the school district administration; (b) Student's parent, guardian, or person in loco parentis; and (c) Student.

(A) (i) A student's parent, guardian, or person in loco parentis and the community truancy board, if the community truancy board has been created, shall be notified when the student has accumulated unexcused absences equal to one-half (1/2) the total number of absences permitted per semester under the school district's or the Career Education and Workforce Development Board's student attendance policy. (ii) Notice shall be by telephonic contact with the student's parent, guardian, or person in loco parentis by the end of the school day in which the absence occurred or by regular mail with a return address on the envelope sent no later than the following school day. (iii) Notice to the community truancy board, if the community truancy board has been created, shall be by letter to the chair of the community truancy board.

(i) A student's parent, guardian, or person in loco parentis and the community truancy board, if the community truancy board has been created, shall be notified when the student has accumulated unexcused absences equal to one-half (1/2) the total number of absences permitted per semester under the school district's or the Career Education and Workforce Development Board's student attendance policy.

(ii) Notice shall be by telephonic contact with the student's parent, guardian, or person in loco parentis by the end of the school day in which the absence occurred or by regular mail with a return address on the envelope sent no later than the following school day.

(iii) Notice to the community truancy board, if the community truancy board has been created, shall be by letter to the chair of the community truancy board.

(B) If a community truancy board has been created, the community truancy board shall schedule a conference with the parent, guardian, or person in loco parentis to establish a plan to take steps to eliminate or reduce the student's absences.

(C) (i) If the community truancy board has scheduled a conference and the student's parent, guardian, or person in loco parentis does not attend the conference, the conference may be conducted with the student and a school official. (ii) However, the parent, guardian, or person in loco parentis shall be notified of the steps to be taken to eliminate or reduce the student's absences.

(i) If the community truancy board has scheduled a conference and the student's parent, guardian, or person in loco parentis does not attend the conference, the conference may be conducted with the student and a school official.

(ii) However, the parent, guardian, or person in loco parentis shall be notified of the steps to be taken to eliminate or reduce the student's absences.

(D) (i) Before a student accumulates the maximum number of unexcused absences allowed in a school district's student attendance policy, the student or the student's parent, guardian, or person in loco parentis may petition the school administration or school district administration for special arrangements to address the student's unexcused absences. (ii) If special arrangements are granted by the school administration or the school district administration, the arrangements will be formalized into a written agreement to include the conditions of the agreement and the consequences for failing to fulfill the requirements of the agreement. (iii) The agreement shall be signed by the: (a) Designee of the school administration or of the school district administration; (b) Student's parent, guardian, or person in loco parentis; and (c) Student.

(i) Before a student accumulates the maximum number of unexcused absences allowed in a school district's student attendance policy, the student or the student's parent, guardian, or person in loco parentis may petition the school administration or school district administration for special arrangements to address the student's unexcused absences.

(ii) If special arrangements are granted by the school administration or the school district administration, the arrangements will be formalized into a written agreement to include the conditions of the agreement and the consequences for failing to fulfill the requirements of the agreement.

(iii) The agreement shall be signed by the: (a) Designee of the school administration or of the school district administration; (b) Student's parent, guardian, or person in loco parentis; and (c) Student.

(a) Designee of the school administration or of the school district administration;

(b) Student's parent, guardian, or person in loco parentis; and

(c) Student.

(5) (A) When a student exceeds the number of unexcused absences provided for in the district's or the Career Education and Workforce Development Board's student attendance policy, or when a student has violated the conditions of an agreement granting special arrangements under subdivision (a)(4)(D) of this section, the school district or the adult education program shall notify the prosecuting authority and the community truancy board, if a community truancy board has been created, and the student's parent, guardian, or person in loco parentis shall be subject to a civil penalty through a family in need of services action in circuit court, as authorized under subdivision (a)(6)(A) of this section, but not to exceed five hundred dollars ($500) plus costs of court and any reasonable fees assessed by the court. (B) The penalty shall be forwarded by the court to the school or the adult education program attended by the student. (C) The school district shall notify the prosecuting authority if the school district receives information indicating that the student has relocated to a county in another judicial district.

(A) When a student exceeds the number of unexcused absences provided for in the district's or the Career Education and Workforce Development Board's student attendance policy, or when a student has violated the conditions of an agreement granting special arrangements under subdivision (a)(4)(D) of this section, the school district or the adult education program shall notify the prosecuting authority and the community truancy board, if a community truancy board has been created, and the student's parent, guardian, or person in loco parentis shall be subject to a civil penalty through a family in need of services action in circuit court, as authorized under subdivision (a)(6)(A) of this section, but not to exceed five hundred dollars ($500) plus costs of court and any reasonable fees assessed by the court.

(B) The penalty shall be forwarded by the court to the school or the adult education program attended by the student.

(C) The school district shall notify the prosecuting authority if the school district receives information indicating that the student has relocated to a county in another judicial district.

(6) (A) (i) Upon notification by the school district or the adult education program to the prosecuting authority, the prosecuting authority shall file in circuit court a family in need of services petition pursuant to § 9-27-310 or enter into a diversion agreement with the student pursuant to § 9-27-323 . (ii) For any action filed in circuit court to impose the civil penalty set forth in subdivision (a)(5) of this section, the prosecuting authority shall be exempt from all filing fees and shall take whatever action is necessary to collect the penalty provided for in subdivision (a)(5) of this section. (B) Municipal attorneys may practice in circuit court for the limited purpose of filing petitions or entering into diversion agreements as authorized by this subdivision (a)(6)(B) if agreed upon by all of the parties pursuant to subdivision (a)(6)(A) of this section. (C) The prosecuting authority may file a motion to transfer a family in need of services case involving the student if the prosecuting authority: (i) Either: (a) Receives the notice required under subdivision (a)(5)(C) of this section; or (b) Receives information indicating that the student has relocated to a county in another judicial district; and (ii) Knows the address of the student in the county to which the student has relocated.

(A) (i) Upon notification by the school district or the adult education program to the prosecuting authority, the prosecuting authority shall file in circuit court a family in need of services petition pursuant to § 9-27-310 or enter into a diversion agreement with the student pursuant to § 9-27-323 . (ii) For any action filed in circuit court to impose the civil penalty set forth in subdivision (a)(5) of this section, the prosecuting authority shall be exempt from all filing fees and shall take whatever action is necessary to collect the penalty provided for in subdivision (a)(5) of this section.

(i) Upon notification by the school district or the adult education program to the prosecuting authority, the prosecuting authority shall file in circuit court a family in need of services petition pursuant to § 9-27-310 or enter into a diversion agreement with the student pursuant to § 9-27-323 .

(ii) For any action filed in circuit court to impose the civil penalty set forth in subdivision (a)(5) of this section, the prosecuting authority shall be exempt from all filing fees and shall take whatever action is necessary to collect the penalty provided for in subdivision (a)(5) of this section.

(B) Municipal attorneys may practice in circuit court for the limited purpose of filing petitions or entering into diversion agreements as authorized by this subdivision (a)(6)(B) if agreed upon by all of the parties pursuant to subdivision (a)(6)(A) of this section.

(C) The prosecuting authority may file a motion to transfer a family in need of services case involving the student if the prosecuting authority: (i) Either: (a) Receives the notice required under subdivision (a)(5)(C) of this section; or (b) Receives information indicating that the student has relocated to a county in another judicial district; and (ii) Knows the address of the student in the county to which the student has relocated.

(i) Either: (a) Receives the notice required under subdivision (a)(5)(C) of this section; or (b) Receives information indicating that the student has relocated to a county in another judicial district; and

(a) Receives the notice required under subdivision (a)(5)(C) of this section; or

(b) Receives information indicating that the student has relocated to a county in another judicial district; and

(ii) Knows the address of the student in the county to which the student has relocated.

(7) (A) The purpose of the penalty set forth in this subsection is to impress upon the parents, guardians, or persons in loco parentis the importance of school or adult education attendance, and the penalty is not to be used primarily as a source of revenue. (B) (i) When assessing penalties, the court shall be aware of any available programs designed to improve the parent-child relationship or parenting skills. (ii) When practicable and appropriate, the court may utilize mandatory attendance at the programs as well as community service requirements in lieu of monetary penalties.

(A) The purpose of the penalty set forth in this subsection is to impress upon the parents, guardians, or persons in loco parentis the importance of school or adult education attendance, and the penalty is not to be used primarily as a source of revenue.

(B) (i) When assessing penalties, the court shall be aware of any available programs designed to improve the parent-child relationship or parenting skills. (ii) When practicable and appropriate, the court may utilize mandatory attendance at the programs as well as community service requirements in lieu of monetary penalties.

(i) When assessing penalties, the court shall be aware of any available programs designed to improve the parent-child relationship or parenting skills.

(ii) When practicable and appropriate, the court may utilize mandatory attendance at the programs as well as community service requirements in lieu of monetary penalties.

(8) As used in this section, "prosecuting authority" means: (A) The elected district prosecuting attorney or his or her appointed deputy for schools located in unincorporated areas of the county or within cities not having a district court; and (B) The prosecuting attorney of the city for schools located within the city limits of cities having a district court in which a city prosecutor represents the city for violations of city ordinances or traffic violations.

(A) The elected district prosecuting attorney or his or her appointed deputy for schools located in unincorporated areas of the county or within cities not having a district court; and

(B) The prosecuting attorney of the city for schools located within the city limits of cities having a district court in which a city prosecutor represents the city for violations of city ordinances or traffic violations.

(9) In any instance in which it is found that the school district, the adult education program, or the prosecuting authority is not complying with the provisions of this section, the State Board of Education may petition the circuit court to issue a writ of mandamus.

(b) (1) (A) Each public, private, or parochial school shall notify the Department of Finance and Administration whenever a student fourteen (14) years of age or older is no longer in school. (B) Each adult education program shall notify the department whenever a student sixteen (16) or seventeen (17) years of age has left the adult education program without receiving a high school equivalency certificate. (2) (A) Upon receipt of notification, the department shall notify the licensee by certified mail, return receipt requested, that his or her motor vehicle operator's license will be suspended unless a hearing is requested in writing within thirty (30) days from the date of notice. (B) The licensee shall be entitled to retain or regain his or her license by providing the department with adequate evidence that: (i) The licensee is eighteen (18) years of age; (ii) The licensee is attending school or an adult education program; or (iii) The licensee has obtained a high school diploma or its equivalent. (C) (i) In cases in which demonstrable financial hardship would result from the suspension of the learner's permit or driver's license, the department may grant exceptions only to the extent necessary to ameliorate the hardship. (ii) If it can be demonstrated that the conditions for granting a hardship were fraudulent, the parent, guardian, or person in loco parentis shall be subject to all applicable perjury statutes. (3) This section applies with the same force and effect to students attending school via virtual or remote learning programs. (4) The department may promulgate rules to carry out the intent of this section and shall distribute to each public, private, and parochial school and each adult education program a copy of all rules adopted under this section.

(1) (A) Each public, private, or parochial school shall notify the Department of Finance and Administration whenever a student fourteen (14) years of age or older is no longer in school. (B) Each adult education program shall notify the department whenever a student sixteen (16) or seventeen (17) years of age has left the adult education program without receiving a high school equivalency certificate.

(A) Each public, private, or parochial school shall notify the Department of Finance and Administration whenever a student fourteen (14) years of age or older is no longer in school.

(B) Each adult education program shall notify the department whenever a student sixteen (16) or seventeen (17) years of age has left the adult education program without receiving a high school equivalency certificate.

(2) (A) Upon receipt of notification, the department shall notify the licensee by certified mail, return receipt requested, that his or her motor vehicle operator's license will be suspended unless a hearing is requested in writing within thirty (30) days from the date of notice. (B) The licensee shall be entitled to retain or regain his or her license by providing the department with adequate evidence that: (i) The licensee is eighteen (18) years of age; (ii) The licensee is attending school or an adult education program; or (iii) The licensee has obtained a high school diploma or its equivalent. (C) (i) In cases in which demonstrable financial hardship would result from the suspension of the learner's permit or driver's license, the department may grant exceptions only to the extent necessary to ameliorate the hardship. (ii) If it can be demonstrated that the conditions for granting a hardship were fraudulent, the parent, guardian, or person in loco parentis shall be subject to all applicable perjury statutes.

(A) Upon receipt of notification, the department shall notify the licensee by certified mail, return receipt requested, that his or her motor vehicle operator's license will be suspended unless a hearing is requested in writing within thirty (30) days from the date of notice.

(B) The licensee shall be entitled to retain or regain his or her license by providing the department with adequate evidence that: (i) The licensee is eighteen (18) years of age; (ii) The licensee is attending school or an adult education program; or (iii) The licensee has obtained a high school diploma or its equivalent.

(i) The licensee is eighteen (18) years of age;

(ii) The licensee is attending school or an adult education program; or

(iii) The licensee has obtained a high school diploma or its equivalent.

(C) (i) In cases in which demonstrable financial hardship would result from the suspension of the learner's permit or driver's license, the department may grant exceptions only to the extent necessary to ameliorate the hardship. (ii) If it can be demonstrated that the conditions for granting a hardship were fraudulent, the parent, guardian, or person in loco parentis shall be subject to all applicable perjury statutes.

(i) In cases in which demonstrable financial hardship would result from the suspension of the learner's permit or driver's license, the department may grant exceptions only to the extent necessary to ameliorate the hardship.

(ii) If it can be demonstrated that the conditions for granting a hardship were fraudulent, the parent, guardian, or person in loco parentis shall be subject to all applicable perjury statutes.

(3) This section applies with the same force and effect to students attending school via virtual or remote learning programs.

(4) The department may promulgate rules to carry out the intent of this section and shall distribute to each public, private, and parochial school and each adult education program a copy of all rules adopted under this section.

Amended by Act 2021, No. 897,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 816,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 816,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 247, eff. 7/24/2019.

Amended by Act 2019, No. 692,§ 7, eff. 7/24/2019.

Amended by Act 2013, No. 1322,§ 10, eff. 8/16/2013.

Amended by Act 2013, No. 1322,§ 9, eff. 8/16/2013.

Amended by Act 2013, No. 1322,§ 8, eff. 8/16/2013.

Amended by Act 2013, No. 1322,§ 7, eff. 8/16/2013.

Amended by Act 2013, No. 1322,§ 4, eff. 8/16/2013.

Acts 1989, No. 473, §§ 1, 2; 1989 (3rd Ex. Sess.), No. 70, §§ 1-5; 1991, No. 876, § 1; 1992 (1st Ex. Sess.), No. 42, § 1; 1994 (2nd Ex. Sess.), No. 30, § 2; 1994 (2nd Ex. Sess.), No. 31, § 2; 1995, No. 572, § 1; 1995, No. 837, § 3; 1995, No. 1296, § 23; 1997, No. 1308, § 1; 1999, No. 1323, § 20; 1999, No. 1579, § 2[3]; 2003, No. 1166, § 38; 2011, No. 1223, § 4.
Ark. Code Ann. § 6-15-509 — AR Code / Title 6 / Chapter 15 / Subchapter 5 / Section 6-15-509
Participation of homeschooled students in interscholastic activities - Definitions
Status: in_force

(a) The General Assembly recognizes that all students should have equal access to interscholastic activities as a complement to the academic curriculum. (b) As used in this section: (1) "Athletic activity" means a varsity sport or another competitive sports-related contest, game, event, or exhibition that involves an individual student or teams of students either among schools within the resident school district or between schools outside of the resident school district; (2) "Homeschooled student" means a student legally enrolled in an Arkansas home school; (3) "Interscholastic activity" means an activity between schools subject to rules of the Arkansas Activities Association that is: (A) Outside the regular curriculum of a school district, including without limitation an athletic activity, a fine arts program, or a special interest club or group; and (B) Taught by an individual with a minimum of a high school diploma; (4) "Parent" is a: (A) Legal guardian; or (B) Legal custodian; (5) "Resident school" is the school to which the student would be assigned by the resident school district; and (6) "Resident school district" means the school district in which the homeschooled student's parent resides as determined under § 6-18-202 . (c) (1) (A) Except as provided in subdivision (c)(1)(B)(ii) of this section, a homeschooled student shall not participate in interscholastic activities at a public school other than the student's resident school. (B) (i) A homeschooled student may participate in interscholastic activities at a public school other than the homeschooled student's resident school by mutual agreement between the resident school district and any other public school district where the homeschooled student wishes to participate. (ii) However, a homeschooled student may participate in an interscholastic activity at a public school other than the homeschooled student's resident school without a mutual agreement, as required under subdivision (c)(1)(B)(i) of this section, if the: (a) Homeschooled student's resident school does not offer the interscholastic activity; and (b) Superintendent of the other public school district agrees to allow the homeschooled student to enroll in the interscholastic activity. (iii) A homeschooled student may begin participating in an interscholastic activity that is an athletic activity immediately upon being approved to participate if the homeschooled student is approved to participate by July 1 of the school year for which the homeschooled student will be enrolled in grade seven (7). (2) A homeschooled student shall not participate in interscholastic activities at more than one (1) public school at the same time. (d) A resident school district shall permit a homeschooled student to pursue participation in an interscholastic activity if: (1) For the purpose of subsection (g) of this section, the homeschooled student reports to the resident school district within the first eleven (11) days of the fall or spring semester of the resident school district; and (2) The homeschooled student or his or her parent advises the principal of the resident school in writing of the homeschooled student's request to participate in the interscholastic activity before the signup, tryout, or participation deadlines established for students enrolled in the resident school. (e) The principal of the resident school shall permit a homeschooled student to pursue participation in an interscholastic activity of the resident school if the homeschooled student or the homeschooled student's parent: (1) Before the signup, tryout, or participation deadlines established for students enrolled in the resident school, provides to the principal a notice of the homeschooled student's desire to pursue participation; and (2) Informs the principal in the notice that the homeschooled student has demonstrated academic eligibility by obtaining: (A) A minimum test score of the thirtieth percentile on the Stanford Achievement Test Series, Tenth Edition, or another nationally recognized norm-referenced test in the previous twelve (12) months; or (B) A minimum score on a test approved by the State Board of Education. (f) If a homeschooled student's written request to participate in the interscholastic activity is approved under this section, the homeschooled student: (1) Although not guaranteed participation in an interscholastic activity, shall have an equal opportunity to try out and participate in interscholastic activities without discrimination; and (2) Shall not participate unless he or she meets the criteria for participation in the interscholastic activity that apply to students enrolled in the resident school district, including: (A) Tryout criteria; (B) Standards of behavior and codes of conduct; (C) The academic criteria under subdivision (e)(2) of this section; (D) Practice times; (E) Required drug testing; (F) Permission slips, waivers, and physical exams; and (G) Participation or activity fees. (g) A homeschooled student who participates in an interscholastic activity may be: (1) Required to be at school only when participation in the interscholastic activity requires other students who participate in the interscholastic activity to be at school; (2) Transported by the resident school district to and from interscholastic activities as the resident school district transports other students who are enrolled in the resident school; and (3) Enrolled by his or her resident school district in a nonacademic class period that coincides with the interscholastic activity in which the homeschooled student participates in order for the resident school district to receive an amount equal to one-sixth (1/6) of the state foundation funding amount provided under § 6-20-2305 for the duration of the homeschooled student's enrollment in the resident school district. (h) (1) (A) A student who withdraws from an Arkansas Activities Association member school and enrolls in a home school shall immediately be eligible to participate in any interscholastic activity at a public school. (B) (i) However, a homeschooled student shall not be eligible to participate in an interscholastic activity that is a varsity sport in the public school district if he or she withdrew from an interscholastic activity that is a varsity sport at the resident school district during the previous three hundred sixty-five (365) days. (ii) A homeschooled student who is not eligible to participate in an interscholastic activity under this subsection may participate in tryouts, practices, classes, or other endeavors associated with the interscholastic activity. (2) A homeschooled student who has not withdrawn from an Arkansas Activities Association member school may begin participating in an interscholastic activity in a public school district immediately upon being approved to participate by the public school district. (i) (1) A public school shall provide a reasonable alternative to any prerequisite for eligibility to participate in an interscholastic activity that the homeschooled student is unable to meet because of his or her enrollment in a home school. (2) The alternative under subdivision (i)(1) of this section shall provide the homeschooled student with the same opportunity to participate in an interscholastic activity as a public school student. Amended by Act 2023, No. 630,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 208, eff. 7/24/2019. Amended by Act 2017, No. 592,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 592,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 592,§ 1, eff. 8/1/2017. Added by Act 2013, No. 1469,§ 1, eff. 8/16/2013.

(a) The General Assembly recognizes that all students should have equal access to interscholastic activities as a complement to the academic curriculum.

(b) As used in this section: (1) "Athletic activity" means a varsity sport or another competitive sports-related contest, game, event, or exhibition that involves an individual student or teams of students either among schools within the resident school district or between schools outside of the resident school district; (2) "Homeschooled student" means a student legally enrolled in an Arkansas home school; (3) "Interscholastic activity" means an activity between schools subject to rules of the Arkansas Activities Association that is: (A) Outside the regular curriculum of a school district, including without limitation an athletic activity, a fine arts program, or a special interest club or group; and (B) Taught by an individual with a minimum of a high school diploma; (4) "Parent" is a: (A) Legal guardian; or (B) Legal custodian; (5) "Resident school" is the school to which the student would be assigned by the resident school district; and (6) "Resident school district" means the school district in which the homeschooled student's parent resides as determined under § 6-18-202 .

(1) "Athletic activity" means a varsity sport or another competitive sports-related contest, game, event, or exhibition that involves an individual student or teams of students either among schools within the resident school district or between schools outside of the resident school district;

(2) "Homeschooled student" means a student legally enrolled in an Arkansas home school;

(3) "Interscholastic activity" means an activity between schools subject to rules of the Arkansas Activities Association that is: (A) Outside the regular curriculum of a school district, including without limitation an athletic activity, a fine arts program, or a special interest club or group; and (B) Taught by an individual with a minimum of a high school diploma;

(A) Outside the regular curriculum of a school district, including without limitation an athletic activity, a fine arts program, or a special interest club or group; and

(B) Taught by an individual with a minimum of a high school diploma;

(4) "Parent" is a: (A) Legal guardian; or (B) Legal custodian;

(A) Legal guardian; or

(B) Legal custodian;

(5) "Resident school" is the school to which the student would be assigned by the resident school district; and

(6) "Resident school district" means the school district in which the homeschooled student's parent resides as determined under § 6-18-202 .

(c) (1) (A) Except as provided in subdivision (c)(1)(B)(ii) of this section, a homeschooled student shall not participate in interscholastic activities at a public school other than the student's resident school. (B) (i) A homeschooled student may participate in interscholastic activities at a public school other than the homeschooled student's resident school by mutual agreement between the resident school district and any other public school district where the homeschooled student wishes to participate. (ii) However, a homeschooled student may participate in an interscholastic activity at a public school other than the homeschooled student's resident school without a mutual agreement, as required under subdivision (c)(1)(B)(i) of this section, if the: (a) Homeschooled student's resident school does not offer the interscholastic activity; and (b) Superintendent of the other public school district agrees to allow the homeschooled student to enroll in the interscholastic activity. (iii) A homeschooled student may begin participating in an interscholastic activity that is an athletic activity immediately upon being approved to participate if the homeschooled student is approved to participate by July 1 of the school year for which the homeschooled student will be enrolled in grade seven (7). (2) A homeschooled student shall not participate in interscholastic activities at more than one (1) public school at the same time.

(1) (A) Except as provided in subdivision (c)(1)(B)(ii) of this section, a homeschooled student shall not participate in interscholastic activities at a public school other than the student's resident school. (B) (i) A homeschooled student may participate in interscholastic activities at a public school other than the homeschooled student's resident school by mutual agreement between the resident school district and any other public school district where the homeschooled student wishes to participate. (ii) However, a homeschooled student may participate in an interscholastic activity at a public school other than the homeschooled student's resident school without a mutual agreement, as required under subdivision (c)(1)(B)(i) of this section, if the: (a) Homeschooled student's resident school does not offer the interscholastic activity; and (b) Superintendent of the other public school district agrees to allow the homeschooled student to enroll in the interscholastic activity. (iii) A homeschooled student may begin participating in an interscholastic activity that is an athletic activity immediately upon being approved to participate if the homeschooled student is approved to participate by July 1 of the school year for which the homeschooled student will be enrolled in grade seven (7).

(A) Except as provided in subdivision (c)(1)(B)(ii) of this section, a homeschooled student shall not participate in interscholastic activities at a public school other than the student's resident school.

(B) (i) A homeschooled student may participate in interscholastic activities at a public school other than the homeschooled student's resident school by mutual agreement between the resident school district and any other public school district where the homeschooled student wishes to participate. (ii) However, a homeschooled student may participate in an interscholastic activity at a public school other than the homeschooled student's resident school without a mutual agreement, as required under subdivision (c)(1)(B)(i) of this section, if the: (a) Homeschooled student's resident school does not offer the interscholastic activity; and (b) Superintendent of the other public school district agrees to allow the homeschooled student to enroll in the interscholastic activity. (iii) A homeschooled student may begin participating in an interscholastic activity that is an athletic activity immediately upon being approved to participate if the homeschooled student is approved to participate by July 1 of the school year for which the homeschooled student will be enrolled in grade seven (7).

(i) A homeschooled student may participate in interscholastic activities at a public school other than the homeschooled student's resident school by mutual agreement between the resident school district and any other public school district where the homeschooled student wishes to participate.

(ii) However, a homeschooled student may participate in an interscholastic activity at a public school other than the homeschooled student's resident school without a mutual agreement, as required under subdivision (c)(1)(B)(i) of this section, if the: (a) Homeschooled student's resident school does not offer the interscholastic activity; and (b) Superintendent of the other public school district agrees to allow the homeschooled student to enroll in the interscholastic activity.

(a) Homeschooled student's resident school does not offer the interscholastic activity; and

(b) Superintendent of the other public school district agrees to allow the homeschooled student to enroll in the interscholastic activity.

(iii) A homeschooled student may begin participating in an interscholastic activity that is an athletic activity immediately upon being approved to participate if the homeschooled student is approved to participate by July 1 of the school year for which the homeschooled student will be enrolled in grade seven (7).

(2) A homeschooled student shall not participate in interscholastic activities at more than one (1) public school at the same time.

(d) A resident school district shall permit a homeschooled student to pursue participation in an interscholastic activity if: (1) For the purpose of subsection (g) of this section, the homeschooled student reports to the resident school district within the first eleven (11) days of the fall or spring semester of the resident school district; and (2) The homeschooled student or his or her parent advises the principal of the resident school in writing of the homeschooled student's request to participate in the interscholastic activity before the signup, tryout, or participation deadlines established for students enrolled in the resident school.

(1) For the purpose of subsection (g) of this section, the homeschooled student reports to the resident school district within the first eleven (11) days of the fall or spring semester of the resident school district; and

(2) The homeschooled student or his or her parent advises the principal of the resident school in writing of the homeschooled student's request to participate in the interscholastic activity before the signup, tryout, or participation deadlines established for students enrolled in the resident school.

(e) The principal of the resident school shall permit a homeschooled student to pursue participation in an interscholastic activity of the resident school if the homeschooled student or the homeschooled student's parent: (1) Before the signup, tryout, or participation deadlines established for students enrolled in the resident school, provides to the principal a notice of the homeschooled student's desire to pursue participation; and (2) Informs the principal in the notice that the homeschooled student has demonstrated academic eligibility by obtaining: (A) A minimum test score of the thirtieth percentile on the Stanford Achievement Test Series, Tenth Edition, or another nationally recognized norm-referenced test in the previous twelve (12) months; or (B) A minimum score on a test approved by the State Board of Education.

(1) Before the signup, tryout, or participation deadlines established for students enrolled in the resident school, provides to the principal a notice of the homeschooled student's desire to pursue participation; and

(2) Informs the principal in the notice that the homeschooled student has demonstrated academic eligibility by obtaining: (A) A minimum test score of the thirtieth percentile on the Stanford Achievement Test Series, Tenth Edition, or another nationally recognized norm-referenced test in the previous twelve (12) months; or (B) A minimum score on a test approved by the State Board of Education.

(A) A minimum test score of the thirtieth percentile on the Stanford Achievement Test Series, Tenth Edition, or another nationally recognized norm-referenced test in the previous twelve (12) months; or

(B) A minimum score on a test approved by the State Board of Education.

(f) If a homeschooled student's written request to participate in the interscholastic activity is approved under this section, the homeschooled student: (1) Although not guaranteed participation in an interscholastic activity, shall have an equal opportunity to try out and participate in interscholastic activities without discrimination; and (2) Shall not participate unless he or she meets the criteria for participation in the interscholastic activity that apply to students enrolled in the resident school district, including: (A) Tryout criteria; (B) Standards of behavior and codes of conduct; (C) The academic criteria under subdivision (e)(2) of this section; (D) Practice times; (E) Required drug testing; (F) Permission slips, waivers, and physical exams; and (G) Participation or activity fees.

(1) Although not guaranteed participation in an interscholastic activity, shall have an equal opportunity to try out and participate in interscholastic activities without discrimination; and

(2) Shall not participate unless he or she meets the criteria for participation in the interscholastic activity that apply to students enrolled in the resident school district, including: (A) Tryout criteria; (B) Standards of behavior and codes of conduct; (C) The academic criteria under subdivision (e)(2) of this section; (D) Practice times; (E) Required drug testing; (F) Permission slips, waivers, and physical exams; and (G) Participation or activity fees.

(A) Tryout criteria;

(B) Standards of behavior and codes of conduct;

(C) The academic criteria under subdivision (e)(2) of this section;

(D) Practice times;

(E) Required drug testing;

(F) Permission slips, waivers, and physical exams; and

(G) Participation or activity fees.

(g) A homeschooled student who participates in an interscholastic activity may be: (1) Required to be at school only when participation in the interscholastic activity requires other students who participate in the interscholastic activity to be at school; (2) Transported by the resident school district to and from interscholastic activities as the resident school district transports other students who are enrolled in the resident school; and (3) Enrolled by his or her resident school district in a nonacademic class period that coincides with the interscholastic activity in which the homeschooled student participates in order for the resident school district to receive an amount equal to one-sixth (1/6) of the state foundation funding amount provided under § 6-20-2305 for the duration of the homeschooled student's enrollment in the resident school district.

(1) Required to be at school only when participation in the interscholastic activity requires other students who participate in the interscholastic activity to be at school;

(2) Transported by the resident school district to and from interscholastic activities as the resident school district transports other students who are enrolled in the resident school; and

(3) Enrolled by his or her resident school district in a nonacademic class period that coincides with the interscholastic activity in which the homeschooled student participates in order for the resident school district to receive an amount equal to one-sixth (1/6) of the state foundation funding amount provided under § 6-20-2305 for the duration of the homeschooled student's enrollment in the resident school district.

(h) (1) (A) A student who withdraws from an Arkansas Activities Association member school and enrolls in a home school shall immediately be eligible to participate in any interscholastic activity at a public school. (B) (i) However, a homeschooled student shall not be eligible to participate in an interscholastic activity that is a varsity sport in the public school district if he or she withdrew from an interscholastic activity that is a varsity sport at the resident school district during the previous three hundred sixty-five (365) days. (ii) A homeschooled student who is not eligible to participate in an interscholastic activity under this subsection may participate in tryouts, practices, classes, or other endeavors associated with the interscholastic activity. (2) A homeschooled student who has not withdrawn from an Arkansas Activities Association member school may begin participating in an interscholastic activity in a public school district immediately upon being approved to participate by the public school district.

(1) (A) A student who withdraws from an Arkansas Activities Association member school and enrolls in a home school shall immediately be eligible to participate in any interscholastic activity at a public school. (B) (i) However, a homeschooled student shall not be eligible to participate in an interscholastic activity that is a varsity sport in the public school district if he or she withdrew from an interscholastic activity that is a varsity sport at the resident school district during the previous three hundred sixty-five (365) days. (ii) A homeschooled student who is not eligible to participate in an interscholastic activity under this subsection may participate in tryouts, practices, classes, or other endeavors associated with the interscholastic activity.

(A) A student who withdraws from an Arkansas Activities Association member school and enrolls in a home school shall immediately be eligible to participate in any interscholastic activity at a public school.

(B) (i) However, a homeschooled student shall not be eligible to participate in an interscholastic activity that is a varsity sport in the public school district if he or she withdrew from an interscholastic activity that is a varsity sport at the resident school district during the previous three hundred sixty-five (365) days. (ii) A homeschooled student who is not eligible to participate in an interscholastic activity under this subsection may participate in tryouts, practices, classes, or other endeavors associated with the interscholastic activity.

(i) However, a homeschooled student shall not be eligible to participate in an interscholastic activity that is a varsity sport in the public school district if he or she withdrew from an interscholastic activity that is a varsity sport at the resident school district during the previous three hundred sixty-five (365) days.

(ii) A homeschooled student who is not eligible to participate in an interscholastic activity under this subsection may participate in tryouts, practices, classes, or other endeavors associated with the interscholastic activity.

(2) A homeschooled student who has not withdrawn from an Arkansas Activities Association member school may begin participating in an interscholastic activity in a public school district immediately upon being approved to participate by the public school district.

(i) (1) A public school shall provide a reasonable alternative to any prerequisite for eligibility to participate in an interscholastic activity that the homeschooled student is unable to meet because of his or her enrollment in a home school. (2) The alternative under subdivision (i)(1) of this section shall provide the homeschooled student with the same opportunity to participate in an interscholastic activity as a public school student.

(1) A public school shall provide a reasonable alternative to any prerequisite for eligibility to participate in an interscholastic activity that the homeschooled student is unable to meet because of his or her enrollment in a home school.

(2) The alternative under subdivision (i)(1) of this section shall provide the homeschooled student with the same opportunity to participate in an interscholastic activity as a public school student.

Amended by Act 2023, No. 630,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 208, eff. 7/24/2019.

Amended by Act 2017, No. 592,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 592,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 592,§ 1, eff. 8/1/2017.

Added by Act 2013, No. 1469,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 6-61-520 — AR Code / Title 6 / Chapter 61 / Subchapter 5 / Section 6-61-520
Local boards - Establishment - Members
Status: in_force

(a) The local control of each community college shall be vested in a local board composed of nine (9) members who are residents and qualified electors of the community college district. (b) (1) All members shall be elected for terms of six (6) years by the qualified electors of the community college district at the general election immediately preceding the expiration of the expiring terms, and the newly elected members shall take office on January 1 next following the date of their election. (2) (A) However, the election shall be held at the annual school election if the community college district is composed solely of one (1) or two (2) entire school districts, other than any portion of the school district that is in another county, and whose boundary is contiguous with that portion of the school district that is located in the county in which the community college is located. (B) (i) For those elections held at the annual school election under subdivision (b)(2)(A) of this section, if no more than one (1) person files as a candidate for membership on the local board and the question of the rate of millage to be levied for the support of the community college district is not on the ballot, the local board, by resolution, may request that the county board of election commissioners open no polling places on election day so that the election shall be conducted by absentee ballot and early voting only. (ii) If an election held at the annual school election under subdivision (b)(2)(A) of this section is conducted by absentee ballot and early voting only: (a) The election shall be conducted on a ballot separate from the ballot for the annual school election; and (b) The local board of the community college shall reimburse the county for the cost of conducting the election by absentee ballot and early voting. The community college shall pay the expenses of the election out of its general operation funds under § 6-61-601 . (c) (1) (A) Candidates for membership on the local board shall run by position and shall be elected on a nonpartisan basis, and there shall be no mark or designation on the ballot indicating the party affiliation of the candidates. (B) The order in which the names of the respective candidates are to appear on the ballot shall be determined by lot by the county board of election commissioners. (2) Any person desiring to be a candidate for a position on the local board shall, during the respective filing period set forth in § 6-14-111(e)(1) , file a notarized statement of such candidacy with the county clerk of each county of which any portion is in the community college district, in substantially the following form: Click here to view form. (3) (A) (i) At the time of filing the statement of candidacy, the candidate shall file a petition containing the signatures of at least twenty-five (25) qualified electors of the district, requesting that the name of the candidate be placed on the ballot as a candidate for the position on the local board. (ii) If the candidate is unopposed, § 7-5-207 shall apply. (B) Candidates may begin circulating petitions not earlier than ninety (90) days before the filing deadline under subdivision (c)(2) of this section. (4) (A) The county board of election commissioners of each county of which a portion is a part of the community college district shall certify the results of the election in that county to the local board of the community college. (B) The local board of the community college shall officially canvass the returns, declare the candidate elected for each position, and make a record of the election upon its minutes. (5) The candidate receiving the highest number of votes for each position on the local board to be filled at the election shall be elected to fill the particular position, and it shall not be necessary that the person elected receive a majority of all votes cast for all candidates for such position. (d) (1) Vacancies on any local board due to death, resignation, or other causes shall be filled by appointment of the Governor. (2) When the term of office in which the vacancy occurs expires on December 31 of the year in which the next general or annual school election is to be held, the person appointed by the Governor shall serve the remainder of the unexpired term. (3) When the term of office in which the vacancy occurs extends beyond December 31 of the year in which the next general or annual school election is to be held, the person appointed by the Governor shall serve only until the general or annual school election, at which election a person shall be elected by the qualified electors of the district to fill the remainder of the unexpired term. (4) When a vacancy occurs, the local board shall officially recognize that the vacancy exists, enter the recognition of the vacancy upon its minutes, and notify the Governor, requesting that he or she make an appointment to fill the vacancy as provided by law. (5) The Governor shall officially notify the local board of his or her appointment of the new member, which the local board shall enter upon its minutes. (e) (1) After a merger between a community college and a four-year institution of higher education or a university system, control of the community college may be vested in the board of trustees of the four-year institution of higher education or the board of trustees of the university system. (2) If the control of the community college is vested in the board of trustees of a four-year institution of higher education or the board of trustees of a university system, the board of trustees shall perform the functions, duties, and responsibilities of the former governing body of the community college and the provision of subsections (a)-(d) of this section and § 6-61-529 do not apply. (f) (1) After a merger under subsection (e) of this section, the former governing body of the community college may become a board of visitors performing such functions as determined by the board of visitors and the board of trustees of the four-year institution of higher education or the board of trustees of the university system. (2) The membership of the board of visitors, including the number of members, term of membership, and method of appointment of members shall be decided by the board of trustees of the four-year institution of higher education or the board of trustees of the university system. (g) The establishment of a board under this section shall not be required for an institution of higher education that: (1) Converts to a community college under § 6-53-401 et seq.; and (2) Is under the control of a board of trustees of a university system. Amended by Act 2023, No. 726,§ 4, eff. 8/1/2023. Amended by Act 2021, No. 349,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 597,§ 5, eff. 7/1/2019. Amended by Act 2017, No. 47,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 967,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 955,§ 3, eff. 4/2/2015. Acts 1977, No. 560, § 10; A.S.A. 1947, § 80-4910; Acts 1993, No. 981, § 1; 1999, No. 470, § 1; 2009, No. 1480, § 11; 2011, No. 890, § 1; 2011, No. 1185, § 2.

(a) The local control of each community college shall be vested in a local board composed of nine (9) members who are residents and qualified electors of the community college district.

(b) (1) All members shall be elected for terms of six (6) years by the qualified electors of the community college district at the general election immediately preceding the expiration of the expiring terms, and the newly elected members shall take office on January 1 next following the date of their election. (2) (A) However, the election shall be held at the annual school election if the community college district is composed solely of one (1) or two (2) entire school districts, other than any portion of the school district that is in another county, and whose boundary is contiguous with that portion of the school district that is located in the county in which the community college is located. (B) (i) For those elections held at the annual school election under subdivision (b)(2)(A) of this section, if no more than one (1) person files as a candidate for membership on the local board and the question of the rate of millage to be levied for the support of the community college district is not on the ballot, the local board, by resolution, may request that the county board of election commissioners open no polling places on election day so that the election shall be conducted by absentee ballot and early voting only. (ii) If an election held at the annual school election under subdivision (b)(2)(A) of this section is conducted by absentee ballot and early voting only: (a) The election shall be conducted on a ballot separate from the ballot for the annual school election; and (b) The local board of the community college shall reimburse the county for the cost of conducting the election by absentee ballot and early voting. The community college shall pay the expenses of the election out of its general operation funds under § 6-61-601 .

(1) All members shall be elected for terms of six (6) years by the qualified electors of the community college district at the general election immediately preceding the expiration of the expiring terms, and the newly elected members shall take office on January 1 next following the date of their election.

(2) (A) However, the election shall be held at the annual school election if the community college district is composed solely of one (1) or two (2) entire school districts, other than any portion of the school district that is in another county, and whose boundary is contiguous with that portion of the school district that is located in the county in which the community college is located. (B) (i) For those elections held at the annual school election under subdivision (b)(2)(A) of this section, if no more than one (1) person files as a candidate for membership on the local board and the question of the rate of millage to be levied for the support of the community college district is not on the ballot, the local board, by resolution, may request that the county board of election commissioners open no polling places on election day so that the election shall be conducted by absentee ballot and early voting only. (ii) If an election held at the annual school election under subdivision (b)(2)(A) of this section is conducted by absentee ballot and early voting only: (a) The election shall be conducted on a ballot separate from the ballot for the annual school election; and (b) The local board of the community college shall reimburse the county for the cost of conducting the election by absentee ballot and early voting. The community college shall pay the expenses of the election out of its general operation funds under § 6-61-601 .

(A) However, the election shall be held at the annual school election if the community college district is composed solely of one (1) or two (2) entire school districts, other than any portion of the school district that is in another county, and whose boundary is contiguous with that portion of the school district that is located in the county in which the community college is located.

(B) (i) For those elections held at the annual school election under subdivision (b)(2)(A) of this section, if no more than one (1) person files as a candidate for membership on the local board and the question of the rate of millage to be levied for the support of the community college district is not on the ballot, the local board, by resolution, may request that the county board of election commissioners open no polling places on election day so that the election shall be conducted by absentee ballot and early voting only. (ii) If an election held at the annual school election under subdivision (b)(2)(A) of this section is conducted by absentee ballot and early voting only: (a) The election shall be conducted on a ballot separate from the ballot for the annual school election; and (b) The local board of the community college shall reimburse the county for the cost of conducting the election by absentee ballot and early voting. The community college shall pay the expenses of the election out of its general operation funds under § 6-61-601 .

(i) For those elections held at the annual school election under subdivision (b)(2)(A) of this section, if no more than one (1) person files as a candidate for membership on the local board and the question of the rate of millage to be levied for the support of the community college district is not on the ballot, the local board, by resolution, may request that the county board of election commissioners open no polling places on election day so that the election shall be conducted by absentee ballot and early voting only.

(ii) If an election held at the annual school election under subdivision (b)(2)(A) of this section is conducted by absentee ballot and early voting only: (a) The election shall be conducted on a ballot separate from the ballot for the annual school election; and (b) The local board of the community college shall reimburse the county for the cost of conducting the election by absentee ballot and early voting. The community college shall pay the expenses of the election out of its general operation funds under § 6-61-601 .

(a) The election shall be conducted on a ballot separate from the ballot for the annual school election; and

(b) The local board of the community college shall reimburse the county for the cost of conducting the election by absentee ballot and early voting. The community college shall pay the expenses of the election out of its general operation funds under § 6-61-601 .

(c) (1) (A) Candidates for membership on the local board shall run by position and shall be elected on a nonpartisan basis, and there shall be no mark or designation on the ballot indicating the party affiliation of the candidates. (B) The order in which the names of the respective candidates are to appear on the ballot shall be determined by lot by the county board of election commissioners. (2) Any person desiring to be a candidate for a position on the local board shall, during the respective filing period set forth in § 6-14-111(e)(1) , file a notarized statement of such candidacy with the county clerk of each county of which any portion is in the community college district, in substantially the following form: Click here to view form. (3) (A) (i) At the time of filing the statement of candidacy, the candidate shall file a petition containing the signatures of at least twenty-five (25) qualified electors of the district, requesting that the name of the candidate be placed on the ballot as a candidate for the position on the local board. (ii) If the candidate is unopposed, § 7-5-207 shall apply. (B) Candidates may begin circulating petitions not earlier than ninety (90) days before the filing deadline under subdivision (c)(2) of this section. (4) (A) The county board of election commissioners of each county of which a portion is a part of the community college district shall certify the results of the election in that county to the local board of the community college. (B) The local board of the community college shall officially canvass the returns, declare the candidate elected for each position, and make a record of the election upon its minutes. (5) The candidate receiving the highest number of votes for each position on the local board to be filled at the election shall be elected to fill the particular position, and it shall not be necessary that the person elected receive a majority of all votes cast for all candidates for such position.

(1) (A) Candidates for membership on the local board shall run by position and shall be elected on a nonpartisan basis, and there shall be no mark or designation on the ballot indicating the party affiliation of the candidates. (B) The order in which the names of the respective candidates are to appear on the ballot shall be determined by lot by the county board of election commissioners.

(A) Candidates for membership on the local board shall run by position and shall be elected on a nonpartisan basis, and there shall be no mark or designation on the ballot indicating the party affiliation of the candidates.

(B) The order in which the names of the respective candidates are to appear on the ballot shall be determined by lot by the county board of election commissioners.

(2) Any person desiring to be a candidate for a position on the local board shall, during the respective filing period set forth in § 6-14-111(e)(1) , file a notarized statement of such candidacy with the county clerk of each county of which any portion is in the community college district, in substantially the following form: Click here to view form.

Click here to view form.

(3) (A) (i) At the time of filing the statement of candidacy, the candidate shall file a petition containing the signatures of at least twenty-five (25) qualified electors of the district, requesting that the name of the candidate be placed on the ballot as a candidate for the position on the local board. (ii) If the candidate is unopposed, § 7-5-207 shall apply. (B) Candidates may begin circulating petitions not earlier than ninety (90) days before the filing deadline under subdivision (c)(2) of this section.

(A) (i) At the time of filing the statement of candidacy, the candidate shall file a petition containing the signatures of at least twenty-five (25) qualified electors of the district, requesting that the name of the candidate be placed on the ballot as a candidate for the position on the local board. (ii) If the candidate is unopposed, § 7-5-207 shall apply.

(i) At the time of filing the statement of candidacy, the candidate shall file a petition containing the signatures of at least twenty-five (25) qualified electors of the district, requesting that the name of the candidate be placed on the ballot as a candidate for the position on the local board.

(ii) If the candidate is unopposed, § 7-5-207 shall apply.

(B) Candidates may begin circulating petitions not earlier than ninety (90) days before the filing deadline under subdivision (c)(2) of this section.

(4) (A) The county board of election commissioners of each county of which a portion is a part of the community college district shall certify the results of the election in that county to the local board of the community college. (B) The local board of the community college shall officially canvass the returns, declare the candidate elected for each position, and make a record of the election upon its minutes.

(A) The county board of election commissioners of each county of which a portion is a part of the community college district shall certify the results of the election in that county to the local board of the community college.

(B) The local board of the community college shall officially canvass the returns, declare the candidate elected for each position, and make a record of the election upon its minutes.

(5) The candidate receiving the highest number of votes for each position on the local board to be filled at the election shall be elected to fill the particular position, and it shall not be necessary that the person elected receive a majority of all votes cast for all candidates for such position.

(d) (1) Vacancies on any local board due to death, resignation, or other causes shall be filled by appointment of the Governor. (2) When the term of office in which the vacancy occurs expires on December 31 of the year in which the next general or annual school election is to be held, the person appointed by the Governor shall serve the remainder of the unexpired term. (3) When the term of office in which the vacancy occurs extends beyond December 31 of the year in which the next general or annual school election is to be held, the person appointed by the Governor shall serve only until the general or annual school election, at which election a person shall be elected by the qualified electors of the district to fill the remainder of the unexpired term. (4) When a vacancy occurs, the local board shall officially recognize that the vacancy exists, enter the recognition of the vacancy upon its minutes, and notify the Governor, requesting that he or she make an appointment to fill the vacancy as provided by law. (5) The Governor shall officially notify the local board of his or her appointment of the new member, which the local board shall enter upon its minutes.

(1) Vacancies on any local board due to death, resignation, or other causes shall be filled by appointment of the Governor.

(2) When the term of office in which the vacancy occurs expires on December 31 of the year in which the next general or annual school election is to be held, the person appointed by the Governor shall serve the remainder of the unexpired term.

(3) When the term of office in which the vacancy occurs extends beyond December 31 of the year in which the next general or annual school election is to be held, the person appointed by the Governor shall serve only until the general or annual school election, at which election a person shall be elected by the qualified electors of the district to fill the remainder of the unexpired term.

(4) When a vacancy occurs, the local board shall officially recognize that the vacancy exists, enter the recognition of the vacancy upon its minutes, and notify the Governor, requesting that he or she make an appointment to fill the vacancy as provided by law.

(5) The Governor shall officially notify the local board of his or her appointment of the new member, which the local board shall enter upon its minutes.

(e) (1) After a merger between a community college and a four-year institution of higher education or a university system, control of the community college may be vested in the board of trustees of the four-year institution of higher education or the board of trustees of the university system. (2) If the control of the community college is vested in the board of trustees of a four-year institution of higher education or the board of trustees of a university system, the board of trustees shall perform the functions, duties, and responsibilities of the former governing body of the community college and the provision of subsections (a)-(d) of this section and § 6-61-529 do not apply.

(1) After a merger between a community college and a four-year institution of higher education or a university system, control of the community college may be vested in the board of trustees of the four-year institution of higher education or the board of trustees of the university system.

(2) If the control of the community college is vested in the board of trustees of a four-year institution of higher education or the board of trustees of a university system, the board of trustees shall perform the functions, duties, and responsibilities of the former governing body of the community college and the provision of subsections (a)-(d) of this section and § 6-61-529 do not apply.

(f) (1) After a merger under subsection (e) of this section, the former governing body of the community college may become a board of visitors performing such functions as determined by the board of visitors and the board of trustees of the four-year institution of higher education or the board of trustees of the university system. (2) The membership of the board of visitors, including the number of members, term of membership, and method of appointment of members shall be decided by the board of trustees of the four-year institution of higher education or the board of trustees of the university system.

(1) After a merger under subsection (e) of this section, the former governing body of the community college may become a board of visitors performing such functions as determined by the board of visitors and the board of trustees of the four-year institution of higher education or the board of trustees of the university system.

(2) The membership of the board of visitors, including the number of members, term of membership, and method of appointment of members shall be decided by the board of trustees of the four-year institution of higher education or the board of trustees of the university system.

(g) The establishment of a board under this section shall not be required for an institution of higher education that: (1) Converts to a community college under § 6-53-401 et seq.; and (2) Is under the control of a board of trustees of a university system.

(1) Converts to a community college under § 6-53-401 et seq.; and

(2) Is under the control of a board of trustees of a university system.

Amended by Act 2023, No. 726,§ 4, eff. 8/1/2023.

Amended by Act 2021, No. 349,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 597,§ 5, eff. 7/1/2019.

Amended by Act 2017, No. 47,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 967,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 955,§ 3, eff. 4/2/2015.

Acts 1977, No. 560, § 10; A.S.A. 1947, § 80-4910; Acts 1993, No. 981, § 1; 1999, No. 470, § 1; 2009, No. 1480, § 11; 2011, No. 890, § 1; 2011, No. 1185, § 2.

61_520_1 - Attachment
Ark. Code Ann. § 6-20-2507 — AR Code / Title 6 / Chapter 20 / Subchapter 25 / Section 6-20-2507
Academic Facilities Partnership Program
Status: in_force

(a) There is established the Academic Facilities Partnership Program under which the Division of Public School Academic Facilities and Transportation shall provide state financial participation based on a school district's academic facilities wealth index in the form of cash payments to a school district for eligible new construction projects. (b) (1) In order to apply for state financial participation in a new construction project, a school district shall provide the Division of Public School Academic Facilities and Transportation with a detailed narrative, description, and justification for the project, a drawing, and evidence of: (A) Preparation for the new construction project as demonstrated by inclusion of the new construction project in the school district's facilities master plan; (B) (i) The adoption of a resolution certifying to the Division of Public School Academic Facilities and Transportation the school district's dedication of local resources to meet the school district's share of financial participation in the new construction project. (ii) The resolution shall specify the approximate date that the board of directors of the school district intends to seek elector approval of any bond or tax measures or to apply other local resources to pay the school district's share of financial participation in the new construction project; (C) (i) The total estimated cost of the new construction project that shall be a minimum of three hundred dollars ($300) per student or one hundred fifty thousand dollars ($150,000), whichever is less. (ii) The Division of Public School Academic Facilities and Transportation may waive the minimum requirement under subdivision (b)(1)(C)(i) of this section upon a recommendation by the Director of the Division of Public School Academic Facilities and Transportation to the Commission for Arkansas Public School Academic Facilities and Transportation for the minimum to be waived for cause and a majority of the commission votes to support the waiver; (D) The new construction project's conformance with sound educational practices; (E) The new construction project's compliance with current academic facilities standards, including without limitation, appropriate space utilization of the applicable school in the district as determined by the Division of Public School Academic Facilities and Transportation; (F) The allocation of project costs between new construction activities and maintenance, repair, and renovation activities if the new construction project includes improvements that could be classified as maintenance, repair, and renovation; and (G) How the new construction project supports the prudent and resourceful expenditure of state funds and improves the school district's ability to deliver an adequate and equitable education to public school students in the district. (2) (A) Life cycle data is advisory only and shall not be sufficient to support the approval of those items in the list of approved projects or individual items within a project. (B) The Division of Public School Academic Facilities and Transportation shall require proof of the need to replace the equipment or other item. (c) The Division of Public School Academic Facilities and Transportation shall use criteria to evaluate a school district's application for state financial participation in a new construction project, which shall include, without limitation, the following: (1) How the school district's facilities master plan and current academic facilities do not address the following: (A) Student health and safety, including, without limitation, critical health and safety needs; (B) Compliance with current academic facilities standards, including, without limitation, appropriate space utilization of existing academic facilities in the district; (C) Conformance with sound educational practices; (D) Curriculum improvement and diversification, including, without limitation, the use of instructional technology, distance learning, and access to advanced courses in science, mathematics, language arts, and social studies; (E) Multischool, multidistrict, and regional planning to achieve the most effective and efficient instructional delivery system; (F) Reasonable travel time and practical means of addressing other demographic considerations; and (G) Regularly scheduled and unscheduled maintenance, repair, and renovation as documented in the computerized maintenance management system; (2) How the school district's facilities master plan and any new construction project under the facilities master plan address the following: (A) Student health and safety, including, without limitation, critical health and safety needs; (B) Compliance with current academic facilities standards, including, without limitation, appropriate space utilization of existing academic facilities in the district; (C) Conformance with sound educational practices; (D) Curriculum improvement and diversification, including, without limitation, the use of instructional technology, distance learning, and access to advanced courses in science, mathematics, language arts, and social studies; (E) Multischool, multidistrict, and regional planning to achieve the most effective and efficient instructional delivery system; (F) Reasonable travel time and practical means of addressing other demographic considerations; and (G) Regularly scheduled and unscheduled maintenance, repair, and renovation as documented in the computerized maintenance management system; (3) How the new construction project supports the prudent and resourceful expenditure of state funds and improves the school district's ability to deliver an adequate and equitable education to public school students in the school district; (4) How the new construction project has been prioritized by the school district; and (5) The allocation and expenditure of funds in accordance with this subchapter and the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq. (d) (1) The Division of Public School Academic Facilities and Transportation shall notify the school district of the Division of Public School Academic Facilities and Transportation's decision on the application and, if applicable, the estimated amount of state financial participation in the new construction project no later than May 1 of each odd-numbered year. (2) The Division of Public School Academic Facilities and Transportation's notice of its decision on a school district's application for state financial participation in a new construction project shall include an explanation of the evaluative factors underlying the decision of the Division of Public School Academic Facilities and Transportation to provide or not provide state financial participation in support of the new construction project. (3) The commission may withdraw committed funds if a school district had funding made available on: (A) July 1, 2006, and does not begin construction, as evidenced by a signed construction contract, by January 31, 2010; or (B) July 1, 2007, and does not begin construction, as evidenced by a signed construction contract, by January 31, 2011. (4) If a construction project has not begun as required under subdivision (d)(3) of this section due to the failure of a school district to raise the school district's share of the project cost due to a failed millage election before June 1, 2009, the Division of Public School Academic Facilities and Transportation may exercise its authority under § 6-21-811 . (e) (1) If the Division of Public School Academic Facilities and Transportation determines that the new construction project is eligible for state financial participation, the Division of Public School Academic Facilities and Transportation and the school district shall enter into an agreement specifying the terms of the state's financial participation and the conditions that must be satisfied by the school district. (2) At a minimum, the agreement shall: (A) Identify the estimated amount of local financial participation and state financial participation in the new construction project; (B) Define the method of and schedule for transferring state financial participation funds to the school district; (C) Identify whether the new construction project includes any improvements that are classified as maintenance, repair, and renovation and how the project costs will be allocated between new construction activities and maintenance, repair, and renovation activities; (D) Provide that changes to the plans for the new construction project shall be made in consultation with the Division of Public School Academic Facilities and Transportation; (E) Provide that the Division of Public School Academic Facilities and Transportation or any person acting on behalf of the Division of Public School Academic Facilities and Transportation may conduct on-site inspections of the new construction project as frequently as the Division of Public School Academic Facilities and Transportation deems necessary to assure the prudent and resourceful expenditure of state funds with regard to public school academic facilities; (F) Determine how risk will be allocated between the school district and the state if the new construction project is not completed; (G) Describe how changes in the school district's wealth index over the course of the new construction project will be treated; and (H) Specify that the agreement is void and the state will have no further obligation to provide state funds to the school district for the new construction project that is the subject of the agreement if the school district does not raise local resources and apply local resources toward the new construction project as provided under the agreement. (3) If a school district fails to adhere to the timelines as established in subsection (g) of this section, the agreement shall be void and the state will have no further obligation to provide state funds to the school district for the new construction project under the agreement. (f) (1) (A) If a school district qualifies for state financial participation under this section, the Division of Public School Academic Facilities and Transportation shall certify the amount of state financial participation to the commission. (B) The amount of state financial participation under this section is limited to the amount resulting from the application of the academic facilities wealth index to the project cost promulgated by the commission to calculate the cost necessary to bring the academic facility into compliance with the Arkansas Public School Academic Facility Manual under § 6-21-809 . (2) (A) The commission shall certify the amount to the Division of Elementary and Secondary Education for payment, less any withholding or reduction imposed by the commission under § 6-21-114(d) for a school district's failure to comply with the commission's insurance requirements. (B) For tracking purposes, the school district shall account for the funds received as state financial participation under this section as restricted funds and shall account for the funds in accordance with provisions of law, including without limitation, the Arkansas Educational Financial Accounting and Reporting Act of 2004, § 6-20-2201 et seq., and rules established by the State Board of Education and the commission. (g) (1) The commission shall establish compliance dates for the: (A) Execution of the partnership agreement; (B) Start of the project design; and (C) Start and ending of construction. (2) Projects not meeting the compliance dates may be cancelled by the commission, and the state's financial participation, in whole or in part, may be declared void after the school district has been provided: (A) A notice of the failure to meet compliance dates; and (B) An opportunity for a hearing before the commission. Amended by Act 2021, No. 126,§ 5, eff. 7/28/2021. Amended by Act 2021, No. 126,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 126,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 1711, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1710, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1709, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1708, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1707, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1706, eff. 7/1/2019. Amended by Act 2017, No. 935,§ 4, eff. 8/1/2017. Acts 2005, No. 2206, § 1; 2007, No. 625, § 2; 2007, No. 989, §§ 9-11; 2009, No. 376, § 44; 2009, No. 1473, §§ 10-13.

(a) There is established the Academic Facilities Partnership Program under which the Division of Public School Academic Facilities and Transportation shall provide state financial participation based on a school district's academic facilities wealth index in the form of cash payments to a school district for eligible new construction projects.

(b) (1) In order to apply for state financial participation in a new construction project, a school district shall provide the Division of Public School Academic Facilities and Transportation with a detailed narrative, description, and justification for the project, a drawing, and evidence of: (A) Preparation for the new construction project as demonstrated by inclusion of the new construction project in the school district's facilities master plan; (B) (i) The adoption of a resolution certifying to the Division of Public School Academic Facilities and Transportation the school district's dedication of local resources to meet the school district's share of financial participation in the new construction project. (ii) The resolution shall specify the approximate date that the board of directors of the school district intends to seek elector approval of any bond or tax measures or to apply other local resources to pay the school district's share of financial participation in the new construction project; (C) (i) The total estimated cost of the new construction project that shall be a minimum of three hundred dollars ($300) per student or one hundred fifty thousand dollars ($150,000), whichever is less. (ii) The Division of Public School Academic Facilities and Transportation may waive the minimum requirement under subdivision (b)(1)(C)(i) of this section upon a recommendation by the Director of the Division of Public School Academic Facilities and Transportation to the Commission for Arkansas Public School Academic Facilities and Transportation for the minimum to be waived for cause and a majority of the commission votes to support the waiver; (D) The new construction project's conformance with sound educational practices; (E) The new construction project's compliance with current academic facilities standards, including without limitation, appropriate space utilization of the applicable school in the district as determined by the Division of Public School Academic Facilities and Transportation; (F) The allocation of project costs between new construction activities and maintenance, repair, and renovation activities if the new construction project includes improvements that could be classified as maintenance, repair, and renovation; and (G) How the new construction project supports the prudent and resourceful expenditure of state funds and improves the school district's ability to deliver an adequate and equitable education to public school students in the district. (2) (A) Life cycle data is advisory only and shall not be sufficient to support the approval of those items in the list of approved projects or individual items within a project. (B) The Division of Public School Academic Facilities and Transportation shall require proof of the need to replace the equipment or other item.

(1) In order to apply for state financial participation in a new construction project, a school district shall provide the Division of Public School Academic Facilities and Transportation with a detailed narrative, description, and justification for the project, a drawing, and evidence of: (A) Preparation for the new construction project as demonstrated by inclusion of the new construction project in the school district's facilities master plan; (B) (i) The adoption of a resolution certifying to the Division of Public School Academic Facilities and Transportation the school district's dedication of local resources to meet the school district's share of financial participation in the new construction project. (ii) The resolution shall specify the approximate date that the board of directors of the school district intends to seek elector approval of any bond or tax measures or to apply other local resources to pay the school district's share of financial participation in the new construction project; (C) (i) The total estimated cost of the new construction project that shall be a minimum of three hundred dollars ($300) per student or one hundred fifty thousand dollars ($150,000), whichever is less. (ii) The Division of Public School Academic Facilities and Transportation may waive the minimum requirement under subdivision (b)(1)(C)(i) of this section upon a recommendation by the Director of the Division of Public School Academic Facilities and Transportation to the Commission for Arkansas Public School Academic Facilities and Transportation for the minimum to be waived for cause and a majority of the commission votes to support the waiver; (D) The new construction project's conformance with sound educational practices; (E) The new construction project's compliance with current academic facilities standards, including without limitation, appropriate space utilization of the applicable school in the district as determined by the Division of Public School Academic Facilities and Transportation; (F) The allocation of project costs between new construction activities and maintenance, repair, and renovation activities if the new construction project includes improvements that could be classified as maintenance, repair, and renovation; and (G) How the new construction project supports the prudent and resourceful expenditure of state funds and improves the school district's ability to deliver an adequate and equitable education to public school students in the district.

(A) Preparation for the new construction project as demonstrated by inclusion of the new construction project in the school district's facilities master plan;

(B) (i) The adoption of a resolution certifying to the Division of Public School Academic Facilities and Transportation the school district's dedication of local resources to meet the school district's share of financial participation in the new construction project. (ii) The resolution shall specify the approximate date that the board of directors of the school district intends to seek elector approval of any bond or tax measures or to apply other local resources to pay the school district's share of financial participation in the new construction project;

(i) The adoption of a resolution certifying to the Division of Public School Academic Facilities and Transportation the school district's dedication of local resources to meet the school district's share of financial participation in the new construction project.

(ii) The resolution shall specify the approximate date that the board of directors of the school district intends to seek elector approval of any bond or tax measures or to apply other local resources to pay the school district's share of financial participation in the new construction project;

(C) (i) The total estimated cost of the new construction project that shall be a minimum of three hundred dollars ($300) per student or one hundred fifty thousand dollars ($150,000), whichever is less. (ii) The Division of Public School Academic Facilities and Transportation may waive the minimum requirement under subdivision (b)(1)(C)(i) of this section upon a recommendation by the Director of the Division of Public School Academic Facilities and Transportation to the Commission for Arkansas Public School Academic Facilities and Transportation for the minimum to be waived for cause and a majority of the commission votes to support the waiver;

(i) The total estimated cost of the new construction project that shall be a minimum of three hundred dollars ($300) per student or one hundred fifty thousand dollars ($150,000), whichever is less.

(ii) The Division of Public School Academic Facilities and Transportation may waive the minimum requirement under subdivision (b)(1)(C)(i) of this section upon a recommendation by the Director of the Division of Public School Academic Facilities and Transportation to the Commission for Arkansas Public School Academic Facilities and Transportation for the minimum to be waived for cause and a majority of the commission votes to support the waiver;

(D) The new construction project's conformance with sound educational practices;

(E) The new construction project's compliance with current academic facilities standards, including without limitation, appropriate space utilization of the applicable school in the district as determined by the Division of Public School Academic Facilities and Transportation;

(F) The allocation of project costs between new construction activities and maintenance, repair, and renovation activities if the new construction project includes improvements that could be classified as maintenance, repair, and renovation; and

(G) How the new construction project supports the prudent and resourceful expenditure of state funds and improves the school district's ability to deliver an adequate and equitable education to public school students in the district.

(2) (A) Life cycle data is advisory only and shall not be sufficient to support the approval of those items in the list of approved projects or individual items within a project. (B) The Division of Public School Academic Facilities and Transportation shall require proof of the need to replace the equipment or other item.

(A) Life cycle data is advisory only and shall not be sufficient to support the approval of those items in the list of approved projects or individual items within a project.

(B) The Division of Public School Academic Facilities and Transportation shall require proof of the need to replace the equipment or other item.

(c) The Division of Public School Academic Facilities and Transportation shall use criteria to evaluate a school district's application for state financial participation in a new construction project, which shall include, without limitation, the following: (1) How the school district's facilities master plan and current academic facilities do not address the following: (A) Student health and safety, including, without limitation, critical health and safety needs; (B) Compliance with current academic facilities standards, including, without limitation, appropriate space utilization of existing academic facilities in the district; (C) Conformance with sound educational practices; (D) Curriculum improvement and diversification, including, without limitation, the use of instructional technology, distance learning, and access to advanced courses in science, mathematics, language arts, and social studies; (E) Multischool, multidistrict, and regional planning to achieve the most effective and efficient instructional delivery system; (F) Reasonable travel time and practical means of addressing other demographic considerations; and (G) Regularly scheduled and unscheduled maintenance, repair, and renovation as documented in the computerized maintenance management system; (2) How the school district's facilities master plan and any new construction project under the facilities master plan address the following: (A) Student health and safety, including, without limitation, critical health and safety needs; (B) Compliance with current academic facilities standards, including, without limitation, appropriate space utilization of existing academic facilities in the district; (C) Conformance with sound educational practices; (D) Curriculum improvement and diversification, including, without limitation, the use of instructional technology, distance learning, and access to advanced courses in science, mathematics, language arts, and social studies; (E) Multischool, multidistrict, and regional planning to achieve the most effective and efficient instructional delivery system; (F) Reasonable travel time and practical means of addressing other demographic considerations; and (G) Regularly scheduled and unscheduled maintenance, repair, and renovation as documented in the computerized maintenance management system; (3) How the new construction project supports the prudent and resourceful expenditure of state funds and improves the school district's ability to deliver an adequate and equitable education to public school students in the school district; (4) How the new construction project has been prioritized by the school district; and (5) The allocation and expenditure of funds in accordance with this subchapter and the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq.

(1) How the school district's facilities master plan and current academic facilities do not address the following: (A) Student health and safety, including, without limitation, critical health and safety needs; (B) Compliance with current academic facilities standards, including, without limitation, appropriate space utilization of existing academic facilities in the district; (C) Conformance with sound educational practices; (D) Curriculum improvement and diversification, including, without limitation, the use of instructional technology, distance learning, and access to advanced courses in science, mathematics, language arts, and social studies; (E) Multischool, multidistrict, and regional planning to achieve the most effective and efficient instructional delivery system; (F) Reasonable travel time and practical means of addressing other demographic considerations; and (G) Regularly scheduled and unscheduled maintenance, repair, and renovation as documented in the computerized maintenance management system;

(A) Student health and safety, including, without limitation, critical health and safety needs;

(B) Compliance with current academic facilities standards, including, without limitation, appropriate space utilization of existing academic facilities in the district;

(C) Conformance with sound educational practices;

(D) Curriculum improvement and diversification, including, without limitation, the use of instructional technology, distance learning, and access to advanced courses in science, mathematics, language arts, and social studies;

(E) Multischool, multidistrict, and regional planning to achieve the most effective and efficient instructional delivery system;

(F) Reasonable travel time and practical means of addressing other demographic considerations; and

(G) Regularly scheduled and unscheduled maintenance, repair, and renovation as documented in the computerized maintenance management system;

(2) How the school district's facilities master plan and any new construction project under the facilities master plan address the following: (A) Student health and safety, including, without limitation, critical health and safety needs; (B) Compliance with current academic facilities standards, including, without limitation, appropriate space utilization of existing academic facilities in the district; (C) Conformance with sound educational practices; (D) Curriculum improvement and diversification, including, without limitation, the use of instructional technology, distance learning, and access to advanced courses in science, mathematics, language arts, and social studies; (E) Multischool, multidistrict, and regional planning to achieve the most effective and efficient instructional delivery system; (F) Reasonable travel time and practical means of addressing other demographic considerations; and (G) Regularly scheduled and unscheduled maintenance, repair, and renovation as documented in the computerized maintenance management system;

(A) Student health and safety, including, without limitation, critical health and safety needs;

(B) Compliance with current academic facilities standards, including, without limitation, appropriate space utilization of existing academic facilities in the district;

(C) Conformance with sound educational practices;

(D) Curriculum improvement and diversification, including, without limitation, the use of instructional technology, distance learning, and access to advanced courses in science, mathematics, language arts, and social studies;

(E) Multischool, multidistrict, and regional planning to achieve the most effective and efficient instructional delivery system;

(F) Reasonable travel time and practical means of addressing other demographic considerations; and

(G) Regularly scheduled and unscheduled maintenance, repair, and renovation as documented in the computerized maintenance management system;

(3) How the new construction project supports the prudent and resourceful expenditure of state funds and improves the school district's ability to deliver an adequate and equitable education to public school students in the school district;

(4) How the new construction project has been prioritized by the school district; and

(5) The allocation and expenditure of funds in accordance with this subchapter and the Arkansas Public School Academic Facilities Program Act, § 6-21-801 et seq.

(d) (1) The Division of Public School Academic Facilities and Transportation shall notify the school district of the Division of Public School Academic Facilities and Transportation's decision on the application and, if applicable, the estimated amount of state financial participation in the new construction project no later than May 1 of each odd-numbered year. (2) The Division of Public School Academic Facilities and Transportation's notice of its decision on a school district's application for state financial participation in a new construction project shall include an explanation of the evaluative factors underlying the decision of the Division of Public School Academic Facilities and Transportation to provide or not provide state financial participation in support of the new construction project. (3) The commission may withdraw committed funds if a school district had funding made available on: (A) July 1, 2006, and does not begin construction, as evidenced by a signed construction contract, by January 31, 2010; or (B) July 1, 2007, and does not begin construction, as evidenced by a signed construction contract, by January 31, 2011. (4) If a construction project has not begun as required under subdivision (d)(3) of this section due to the failure of a school district to raise the school district's share of the project cost due to a failed millage election before June 1, 2009, the Division of Public School Academic Facilities and Transportation may exercise its authority under § 6-21-811 .

(1) The Division of Public School Academic Facilities and Transportation shall notify the school district of the Division of Public School Academic Facilities and Transportation's decision on the application and, if applicable, the estimated amount of state financial participation in the new construction project no later than May 1 of each odd-numbered year.

(2) The Division of Public School Academic Facilities and Transportation's notice of its decision on a school district's application for state financial participation in a new construction project shall include an explanation of the evaluative factors underlying the decision of the Division of Public School Academic Facilities and Transportation to provide or not provide state financial participation in support of the new construction project.

(3) The commission may withdraw committed funds if a school district had funding made available on: (A) July 1, 2006, and does not begin construction, as evidenced by a signed construction contract, by January 31, 2010; or (B) July 1, 2007, and does not begin construction, as evidenced by a signed construction contract, by January 31, 2011.

(A) July 1, 2006, and does not begin construction, as evidenced by a signed construction contract, by January 31, 2010; or

(B) July 1, 2007, and does not begin construction, as evidenced by a signed construction contract, by January 31, 2011.

(4) If a construction project has not begun as required under subdivision (d)(3) of this section due to the failure of a school district to raise the school district's share of the project cost due to a failed millage election before June 1, 2009, the Division of Public School Academic Facilities and Transportation may exercise its authority under § 6-21-811 .

(e) (1) If the Division of Public School Academic Facilities and Transportation determines that the new construction project is eligible for state financial participation, the Division of Public School Academic Facilities and Transportation and the school district shall enter into an agreement specifying the terms of the state's financial participation and the conditions that must be satisfied by the school district. (2) At a minimum, the agreement shall: (A) Identify the estimated amount of local financial participation and state financial participation in the new construction project; (B) Define the method of and schedule for transferring state financial participation funds to the school district; (C) Identify whether the new construction project includes any improvements that are classified as maintenance, repair, and renovation and how the project costs will be allocated between new construction activities and maintenance, repair, and renovation activities; (D) Provide that changes to the plans for the new construction project shall be made in consultation with the Division of Public School Academic Facilities and Transportation; (E) Provide that the Division of Public School Academic Facilities and Transportation or any person acting on behalf of the Division of Public School Academic Facilities and Transportation may conduct on-site inspections of the new construction project as frequently as the Division of Public School Academic Facilities and Transportation deems necessary to assure the prudent and resourceful expenditure of state funds with regard to public school academic facilities; (F) Determine how risk will be allocated between the school district and the state if the new construction project is not completed; (G) Describe how changes in the school district's wealth index over the course of the new construction project will be treated; and (H) Specify that the agreement is void and the state will have no further obligation to provide state funds to the school district for the new construction project that is the subject of the agreement if the school district does not raise local resources and apply local resources toward the new construction project as provided under the agreement. (3) If a school district fails to adhere to the timelines as established in subsection (g) of this section, the agreement shall be void and the state will have no further obligation to provide state funds to the school district for the new construction project under the agreement.

(1) If the Division of Public School Academic Facilities and Transportation determines that the new construction project is eligible for state financial participation, the Division of Public School Academic Facilities and Transportation and the school district shall enter into an agreement specifying the terms of the state's financial participation and the conditions that must be satisfied by the school district.

(2) At a minimum, the agreement shall: (A) Identify the estimated amount of local financial participation and state financial participation in the new construction project; (B) Define the method of and schedule for transferring state financial participation funds to the school district; (C) Identify whether the new construction project includes any improvements that are classified as maintenance, repair, and renovation and how the project costs will be allocated between new construction activities and maintenance, repair, and renovation activities; (D) Provide that changes to the plans for the new construction project shall be made in consultation with the Division of Public School Academic Facilities and Transportation; (E) Provide that the Division of Public School Academic Facilities and Transportation or any person acting on behalf of the Division of Public School Academic Facilities and Transportation may conduct on-site inspections of the new construction project as frequently as the Division of Public School Academic Facilities and Transportation deems necessary to assure the prudent and resourceful expenditure of state funds with regard to public school academic facilities; (F) Determine how risk will be allocated between the school district and the state if the new construction project is not completed; (G) Describe how changes in the school district's wealth index over the course of the new construction project will be treated; and (H) Specify that the agreement is void and the state will have no further obligation to provide state funds to the school district for the new construction project that is the subject of the agreement if the school district does not raise local resources and apply local resources toward the new construction project as provided under the agreement.

(A) Identify the estimated amount of local financial participation and state financial participation in the new construction project;

(B) Define the method of and schedule for transferring state financial participation funds to the school district;

(C) Identify whether the new construction project includes any improvements that are classified as maintenance, repair, and renovation and how the project costs will be allocated between new construction activities and maintenance, repair, and renovation activities;

(D) Provide that changes to the plans for the new construction project shall be made in consultation with the Division of Public School Academic Facilities and Transportation;

(E) Provide that the Division of Public School Academic Facilities and Transportation or any person acting on behalf of the Division of Public School Academic Facilities and Transportation may conduct on-site inspections of the new construction project as frequently as the Division of Public School Academic Facilities and Transportation deems necessary to assure the prudent and resourceful expenditure of state funds with regard to public school academic facilities;

(F) Determine how risk will be allocated between the school district and the state if the new construction project is not completed;

(G) Describe how changes in the school district's wealth index over the course of the new construction project will be treated; and

(H) Specify that the agreement is void and the state will have no further obligation to provide state funds to the school district for the new construction project that is the subject of the agreement if the school district does not raise local resources and apply local resources toward the new construction project as provided under the agreement.

(3) If a school district fails to adhere to the timelines as established in subsection (g) of this section, the agreement shall be void and the state will have no further obligation to provide state funds to the school district for the new construction project under the agreement.

(f) (1) (A) If a school district qualifies for state financial participation under this section, the Division of Public School Academic Facilities and Transportation shall certify the amount of state financial participation to the commission. (B) The amount of state financial participation under this section is limited to the amount resulting from the application of the academic facilities wealth index to the project cost promulgated by the commission to calculate the cost necessary to bring the academic facility into compliance with the Arkansas Public School Academic Facility Manual under § 6-21-809 . (2) (A) The commission shall certify the amount to the Division of Elementary and Secondary Education for payment, less any withholding or reduction imposed by the commission under § 6-21-114(d) for a school district's failure to comply with the commission's insurance requirements. (B) For tracking purposes, the school district shall account for the funds received as state financial participation under this section as restricted funds and shall account for the funds in accordance with provisions of law, including without limitation, the Arkansas Educational Financial Accounting and Reporting Act of 2004, § 6-20-2201 et seq., and rules established by the State Board of Education and the commission.

(1) (A) If a school district qualifies for state financial participation under this section, the Division of Public School Academic Facilities and Transportation shall certify the amount of state financial participation to the commission. (B) The amount of state financial participation under this section is limited to the amount resulting from the application of the academic facilities wealth index to the project cost promulgated by the commission to calculate the cost necessary to bring the academic facility into compliance with the Arkansas Public School Academic Facility Manual under § 6-21-809 .

(A) If a school district qualifies for state financial participation under this section, the Division of Public School Academic Facilities and Transportation shall certify the amount of state financial participation to the commission.

(B) The amount of state financial participation under this section is limited to the amount resulting from the application of the academic facilities wealth index to the project cost promulgated by the commission to calculate the cost necessary to bring the academic facility into compliance with the Arkansas Public School Academic Facility Manual under § 6-21-809 .

(2) (A) The commission shall certify the amount to the Division of Elementary and Secondary Education for payment, less any withholding or reduction imposed by the commission under § 6-21-114(d) for a school district's failure to comply with the commission's insurance requirements. (B) For tracking purposes, the school district shall account for the funds received as state financial participation under this section as restricted funds and shall account for the funds in accordance with provisions of law, including without limitation, the Arkansas Educational Financial Accounting and Reporting Act of 2004, § 6-20-2201 et seq., and rules established by the State Board of Education and the commission.

(A) The commission shall certify the amount to the Division of Elementary and Secondary Education for payment, less any withholding or reduction imposed by the commission under § 6-21-114(d) for a school district's failure to comply with the commission's insurance requirements.

(B) For tracking purposes, the school district shall account for the funds received as state financial participation under this section as restricted funds and shall account for the funds in accordance with provisions of law, including without limitation, the Arkansas Educational Financial Accounting and Reporting Act of 2004, § 6-20-2201 et seq., and rules established by the State Board of Education and the commission.

(g) (1) The commission shall establish compliance dates for the: (A) Execution of the partnership agreement; (B) Start of the project design; and (C) Start and ending of construction. (2) Projects not meeting the compliance dates may be cancelled by the commission, and the state's financial participation, in whole or in part, may be declared void after the school district has been provided: (A) A notice of the failure to meet compliance dates; and (B) An opportunity for a hearing before the commission.

(1) The commission shall establish compliance dates for the: (A) Execution of the partnership agreement; (B) Start of the project design; and (C) Start and ending of construction.

(A) Execution of the partnership agreement;

(B) Start of the project design; and

(C) Start and ending of construction.

(2) Projects not meeting the compliance dates may be cancelled by the commission, and the state's financial participation, in whole or in part, may be declared void after the school district has been provided: (A) A notice of the failure to meet compliance dates; and (B) An opportunity for a hearing before the commission.

(A) A notice of the failure to meet compliance dates; and

(B) An opportunity for a hearing before the commission.

Amended by Act 2021, No. 126,§ 5, eff. 7/28/2021.

Amended by Act 2021, No. 126,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 126,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 1711, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1710, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1709, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1708, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1707, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1706, eff. 7/1/2019.

Amended by Act 2017, No. 935,§ 4, eff. 8/1/2017.

Acts 2005, No. 2206, § 1; 2007, No. 625, § 2; 2007, No. 989, §§ 9-11; 2009, No. 376, § 44; 2009, No. 1473, §§ 10-13.
Ark. Code Ann. § 6-28-103 — AR Code / Title 6 / Chapter 28 / Subchapter 1 / Section 6-28-103
Purpose
Status: in_force

(a) The purpose of this chapter is to: (1) Maximize the potential for effective school transitions by children of uniformed services families through provisions of this chapter administered by the Division of Elementary and Secondary Education and implemented by public school districts; and (2) Consolidate state and Interstate Compact on Educational Opportunity for Military Children, § 6-4-301 et seq., guidance. (b) The kindergarten through grade twelve (K-12) success of students of military families is challenged by frequent relocations due to base reassignments and deployments of their parents or legal guardians. (c) To better meet the needs of children of Arkansas-based active and reserve component uniformed services families, this chapter expands and extends the application of the provisions of the Interstate Compact on Educational Opportunity for Military Children, § 6-4-301 et seq., by: (1) Facilitating the timely enrollment of children of military families and ensuring the children of military families are not placed at a disadvantage due to difficulty in the transfer of education records from a previous public school, including a public school in another state; (2) Facilitating the placement process for children of military families so children of military families are not disadvantaged by variations in attendance requirements, scheduling, lesson sequencing, grading, course content, and assessment; (3) Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular activities; (4) Facilitating the on-time graduation of children of military families; (5) Providing for the adoption and enforcement of administrative rules to implement this chapter; (6) Providing for the uniform collection and sharing of information between and among public school districts; and (7) Promoting flexibility and cooperation between the educational system, military installation leaders and their commands, parents and legal guardians, and children of military families to achieve educational success for the children of military families. Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.

(a) The purpose of this chapter is to: (1) Maximize the potential for effective school transitions by children of uniformed services families through provisions of this chapter administered by the Division of Elementary and Secondary Education and implemented by public school districts; and (2) Consolidate state and Interstate Compact on Educational Opportunity for Military Children, § 6-4-301 et seq., guidance.

(1) Maximize the potential for effective school transitions by children of uniformed services families through provisions of this chapter administered by the Division of Elementary and Secondary Education and implemented by public school districts; and

(2) Consolidate state and Interstate Compact on Educational Opportunity for Military Children, § 6-4-301 et seq., guidance.

(b) The kindergarten through grade twelve (K-12) success of students of military families is challenged by frequent relocations due to base reassignments and deployments of their parents or legal guardians.

(c) To better meet the needs of children of Arkansas-based active and reserve component uniformed services families, this chapter expands and extends the application of the provisions of the Interstate Compact on Educational Opportunity for Military Children, § 6-4-301 et seq., by: (1) Facilitating the timely enrollment of children of military families and ensuring the children of military families are not placed at a disadvantage due to difficulty in the transfer of education records from a previous public school, including a public school in another state; (2) Facilitating the placement process for children of military families so children of military families are not disadvantaged by variations in attendance requirements, scheduling, lesson sequencing, grading, course content, and assessment; (3) Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular activities; (4) Facilitating the on-time graduation of children of military families; (5) Providing for the adoption and enforcement of administrative rules to implement this chapter; (6) Providing for the uniform collection and sharing of information between and among public school districts; and (7) Promoting flexibility and cooperation between the educational system, military installation leaders and their commands, parents and legal guardians, and children of military families to achieve educational success for the children of military families.

(1) Facilitating the timely enrollment of children of military families and ensuring the children of military families are not placed at a disadvantage due to difficulty in the transfer of education records from a previous public school, including a public school in another state;

(2) Facilitating the placement process for children of military families so children of military families are not disadvantaged by variations in attendance requirements, scheduling, lesson sequencing, grading, course content, and assessment;

(3) Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular activities;

(4) Facilitating the on-time graduation of children of military families;

(5) Providing for the adoption and enforcement of administrative rules to implement this chapter;

(6) Providing for the uniform collection and sharing of information between and among public school districts; and

(7) Promoting flexibility and cooperation between the educational system, military installation leaders and their commands, parents and legal guardians, and children of military families to achieve educational success for the children of military families.

Added by Act 2021, No. 1031,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 6-61-1010 — AR Code / Title 6 / Chapter 61 / Subchapter 10 / Section 6-61-1010
Authority of Arkansas Higher Education Coordinating Board
Status: in_force

(a) The board of trustees shall not issue any bonds under the provisions of this subchapter unless, prior to the issuance of such notes or bonds, the board of trustees shall have obtained the advice of the Arkansas Higher Education Coordinating Board as to the economic feasibility of the particular project to be financed, in whole or in part, by those bonds. (b) The board of trustees shall submit to the Arkansas Higher Education Coordinating Board information pertaining to the proposed project and other information deemed pertinent to, and requested by, the Arkansas Higher Education Coordinating Board. (c) The Arkansas Higher Education Coordinating Board shall notify the board of trustees within thirty (30) days from the date the information is submitted to the Arkansas Higher Education Coordinating Board of its advice with respect to the economic feasibility of the particular project. (d) The advice of the Arkansas Higher Education Coordinating Board under this section shall not be binding on the board of trustees. (e) The authority conferred upon the Arkansas Higher Education Coordinating Board by this section shall not extend to the feasibility of the bonds proposed to be issued by the board of trustees or to any of the terms, conditions, and provisions thereof, and this section shall not be construed to impair in any way the validity of any bonds issued by the board of trustees under this subchapter or to impair or affect in any way the obligations of the board of trustees or the rights of any holder or registered owner of the bonds. Acts 1993, No. 374, § 6.

(a) The board of trustees shall not issue any bonds under the provisions of this subchapter unless, prior to the issuance of such notes or bonds, the board of trustees shall have obtained the advice of the Arkansas Higher Education Coordinating Board as to the economic feasibility of the particular project to be financed, in whole or in part, by those bonds.

(b) The board of trustees shall submit to the Arkansas Higher Education Coordinating Board information pertaining to the proposed project and other information deemed pertinent to, and requested by, the Arkansas Higher Education Coordinating Board.

(c) The Arkansas Higher Education Coordinating Board shall notify the board of trustees within thirty (30) days from the date the information is submitted to the Arkansas Higher Education Coordinating Board of its advice with respect to the economic feasibility of the particular project.

(d) The advice of the Arkansas Higher Education Coordinating Board under this section shall not be binding on the board of trustees.

(e) The authority conferred upon the Arkansas Higher Education Coordinating Board by this section shall not extend to the feasibility of the bonds proposed to be issued by the board of trustees or to any of the terms, conditions, and provisions thereof, and this section shall not be construed to impair in any way the validity of any bonds issued by the board of trustees under this subchapter or to impair or affect in any way the obligations of the board of trustees or the rights of any holder or registered owner of the bonds.

Acts 1993, No. 374, § 6.