§ 6-18-2506 — Student eligibility - Initial and continuing

(a) A student is initially eligible for an account if the student: (1) Has a parent who is a resident of the State of Arkansas as defined by § 6-18-202 ; (2) Is eligible to enroll in a public elementary or secondary school in this state; and (3) Meets the following criteria: (A) (i) For the 2023-2024 school year, a student shall be eligible if the student is at least one (1) of the following: (a) A student with a disability identified under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on January 1, 2023; (b) A student who is considered homeless under the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11431 et seq., as it existed on January 1, 2023; (c) A foster child or a former foster child; (d) (1) A student who is currently participating in the Succeed Scholarship Program, § 6-41-901 et seq. (2) A student who participated in the Succeed Scholarship Program during the 2022-2023 school year and elects to enroll in the Arkansas Children's Educational Freedom Account Program under this subchapter shall receive one hundred percent (100%) of the prior year's statewide foundation funding amount allotted per student under § 6-20-2305 until: (A) The participating student graduates from high school; (B) The participating student receives a certificate of completion; or (C) An event that requires an account to be closed under § 6-18-2505(f)(1) or § 6-18-2505(f)(2) occurs; (e) A child of active-duty uniformed service personnel, as identified under Title 10, Title 32, Title 33, or Title 42 of the United States Code; (f) A student who was enrolled in the previous school year in a: (1) Public school that has a rating of "F" under §§ 6-15-2105 and 6-15-2106 and State Board of Education rules; or (2) Public school district classified as in need of Level 5 - Intensive support under § 6-15-2913 or § 6-15-2915 ; or (g) A student who is enrolling in kindergarten for the first time. (ii) (a) For the 2023-2024 school year, a maximum of one and five-tenths percent (1.5%) of the 2022-2023 total public school student enrollment may be approved to participate in the Arkansas Children's Educational Freedom Account Program. (b) However, the number of students approved to participate in the Arkansas Children's Educational Freedom Account Program under subdivision (a)(3)(A)(ii) (a) of this section shall not exceed the amount of funds made available for the Arkansas Children's Educational Freedom Account Program; (B) (i) For the 2024-2025 school year, student eligibility shall expand to include students who meet at least one (1) of the following: (a) All students who are eligible under subdivision (a)(3)(A) of this section; (b) Students who were enrolled in the prior school year in public schools rated "D" or "F" under §§ 6-15-2105 and 6-15-2106 and state board rules; and (c) Students whose parents are: (1) Veterans as identified under Title 38 of the United States Code; (2) In the uniformed service reserve components; (3) First responders; or (4) Law enforcement officers. (ii) (a) For the 2024-2025 school year, a maximum of three percent (3%) of the 2022-2023 total public school student enrollment may be approved to participate in the Arkansas Children's Educational Freedom Account Program. (b) The number of students approved to participate in the Arkansas Children's Educational Freedom Account Program under subdivision (a)(3)(B)(ii) (a) of this section shall: (1) Include any students who are continuing to participate in the Arkansas Children's Educational Freedom Account Program from the 2023-2024 school year; and (2) Not exceed the amount of funds made available for the Arkansas Children's Educational Freedom Account Program; and (C) (i) For the 2025-2026 school year and each year thereafter, any resident of this state who is eligible to enroll in a public elementary or secondary school shall be eligible. (ii) Beginning with the 2025-2026 school year, there shall be no limitation on student participation in the Arkansas Children's Educational Freedom Account Program. (b) In any year in which funds are insufficient to fund all applications for new accounts, first priority shall be given to students who are eligible under subdivision (a)(3)(A) of this section, followed by students eligible under subdivision (a)(3)(B) of this section. (c) In any year in which funds are insufficient to fund all continuing accounts, priority shall be given to students who have been in the Arkansas Children's Educational Freedom Account Program the longest after priority has been given to students identified under subsection (b) of this section. (d) The State Board of Education shall promulgate rules: (1) For the implementation of the Arkansas Children's Educational Freedom Account Program; and (2) To effectively and efficiently administer the Arkansas Children's Educational Freedom Account Program, including without limitation: (A) The awarding of funds to participating students; (B) The oversight of the Arkansas Children's Educational Freedom Account Program; and (C) Any other necessary aspects for the operation of the Arkansas Children's Educational Freedom Account Program. (e) (1) Except as provided under subdivision (e)(2) of this section, a participating student may only participate in and receive funds from one (1) of the following: (A) The Arkansas Children's Educational Freedom Account Program established by this subchapter; or (B) The Philanthropic Investment in Arkansas Kids Program Act, § 6-18-2301 et seq. (2) (A) A student with a disability as described by subdivision (a)(3)(A)(i) (a) of this section who has an annual family income that is less than or equal to two hundred percent (200%) of the federal poverty guidelines as determined annually in the Federal Register by the United States Department of Health and Human Services under 42 U.S.C. § 9902(2) , as required under the Philanthropic Investment in Arkansas Kids Program may receive funds from both the Arkansas Children's Educational Freedom Account Program established by this subchapter and the Philanthropic Investment in Arkansas Kids Program. (B) However, a student who qualifies under subdivision (e)(2)(A) of this section may receive funds from both the Arkansas Children's Educational Freedom Account Program established by this subchapter and the Philanthropic Investment in Arkansas Kids Program only to the extent necessary to cover qualifying expenses. (f) The student's parent shall submit an application for an account to the Department of Education in accordance with Arkansas Children's Educational Freedom Account Program timelines established by the department. (g) (1) The department shall create a standard form that a parent may submit to establish his or her child's eligibility for the program. (2) The department shall ensure that the standard form required under subdivision (g)(1) of this section is publicly available and may be submitted through various sources, including without limitation the internet. (h) (1) As part of the application, a parent shall sign an agreement promising each of the following without limitation: (A) (i) Not to enroll his or her child full-time in a public school while his or her child is participating in the Arkansas Children's Educational Freedom Account Program. (ii) However, a participating student may take approved courses at a public school participating as an approved provider; (B) To use account funds only for qualifying expenses of the participating student; (C) To comply with all Arkansas Children's Educational Freedom Account Program requirements as established by the department according to state board rules; and (D) Beginning with the 2024-2025 school year, in the case of any account used for qualifying educational expenses not associated with full-time enrollment in a participating school or a participating service provider, to agree to provide an education for his or her participating student in at least the subjects of English language arts, mathematics, social studies, and science. (2) The signed agreement required under subdivision (h)(1) of this section shall satisfy the compulsory school attendance requirements of § 6-18-201 . (i) The division shall: (1) Continue making deposits into a participating student's account until: (A) The division determines that the participating student is no longer an eligible student; (B) The division determines that there was substantial misuse of account funds, as defined by the state board; (C) A parent or a participating student withdraws from the Arkansas Children's Educational Freedom Account Program; (D) A participating student enrolls full-time in a public school; (E) A participating student graduates from high school; or (F) A participating student completes the school year in the year in which he or she turns twenty-one (21) years of age; (2) Provide parents with a written explanation of the: (A) Allowable uses of funds; (B) Responsibilities of parents; and (C) Duties of the division and the role of any private financial management firms or other private organizations that the department may contract with to administer the Arkansas Children's Educational Freedom Account Program or any aspect of the Arkansas Children's Educational Freedom Account Program; and (3) Annually fund a participating student's account as funds are available and in accordance with this law and state board rules. (j) (1) Upon notice to the division, a participating student may choose to stop receiving funds disbursed under this subchapter and enroll full-time in a public school. (2) (A) Enrolling as a full-time student in a public school shall result in the immediate suspension of payment of additional funds into the participating student's account. (B) (i) However, for accounts that have been open for at least one (1) full academic year, the account shall remain open and active for the parent of a former participating student to make qualifying expenditures to educate the student from funds remaining in the account. (ii) When no funds remain in the former participating student's account, the division may close the account. (3) (A) If a former participating student decides to return to the Arkansas Children's Educational Freedom Account Program and is a current eligible student, payments into the former participating student's existing account may resume if the account is still open and active. (B) A new account may be established if the former participating student's previous account was closed. (k) The state board and the department may adopt rules to provide the least disruptive process for a participating student who desires to stop receiving funds disbursed under this subchapter and enroll full-time in a public school.

Legislative History

Amended by Act 2023EX1, No. 5,§ 4, eff. 9/14/2023. Amended by Act 2023, No. 649,§ 7, eff. 8/1/2023. Amended by Act 2023, No. 649,§ 6, eff. 8/1/2023. Amended by Act 2023, No. 669,§ 1, eff. 4/11/2023. Added by Act 2023, No. 237,§ 42, eff. 3/8/2023.