Arkansas 2023 Regular Session

Arkansas House Bill HB1113 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
2	2	MBM034 01/09/2023 08:15:43 AM MBM034
3	3
4	4	State of Arkansas 1
5	5	94th General Assembly A Bill 2
6	6	Regular Session, 2023 HOUSE BILL 1113 3
7	7	4
8	8	By: Representative Rose 5
9	9	By: Senator J. Dotson 6
10	10	7
11	11	For An Act To Be Entitled 8
12	12	AN ACT TO AMEND ARKA NSAS LAW CONCERNING THE AWARD OF 9
13	13	SCHOLARSHIPS UNDER T HE SUCCEED SCHOLARSH IP PROGRAM TO 10
14	14	STUDENTS IN FOSTER C ARE; AND FOR OTHER P URPOSES. 11
15	15	12
16	16	13
17	17	Subtitle 14
18	18	TO AMEND ARKANSAS LAW CONCERNING THE 15
19	19	AWARD OF SCHOLARSHIPS UNDER THE SUCCEED 16
20	20	SCHOLARSHIP PROGRAM TO STUDENTS IN FOSTER 17
21	21	CARE. 18
22	22	19
23	23	20
24	24	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
25	25	22
26	26	SECTION 1. Arkansas Code § 6 -41-901 is amended to read as follows: 23
27	27	6-41-901. Definitions — Establishment — Intent. 24
28	28	(a) As used in this subchapter: 25
29	29	(1) “Foster care” means the care of a child by : 26
30	30	(A) a A group home or group facility on a twenty -four-hour-27
31	31	a-day basis away from the home of the child's parent or parents ; or 28
32	32	(B) An individual or family that is licensed or approved 29
33	33	as a foster home or provisional foster home under Arkansas Code, Title 9, 30
34	34	Chapter 28; 31
35	35	(2) “Foster parent” means the: 32
36	36	(A) responsible Responsible official or officials of a 33
37	37	group home or group facility that provides foster care to a child ; or 34
38	38	(B) Individual or individuals that are licensed or 35
39	39	approved as a foster home or provisional foster home under Arkansas Code, 36 HB1113
40	40
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43	43
44	44	Title 9, Chapter 28, and provide foster care to a child ; 1
45	45	(3) “Member of the uniformed services” means: 2
46	46	(A) An active duty or reserve component member of the 3
47	47	United States Army, United States Navy, United States Air Force, United 4
48	48	States Marine Corps, United States Space Force, or United States Coast Guard; 5
49	49	(B) A member of the National Guard; 6
50	50	(C) A member of the National Oceanic and Atmospheric 7
51	51	Administration Commissioned Officer Corps; or 8
52	52	(D) A member of the active or reserve component of the 9
53	53	United States Commissioned Corps of the Public Health Service; 10
54	54	(4) “Parent” means a student's parent or foster pa rent; and 11
55	55	(5) “Student with a disability” means students who have been: 12
56	56	(A) Identified by a public school district as having a 13
57	57	disability consistent with the Individuals with Disabilities Education Act, 14
58	58	20 U.S.C. § 1401 et seq.; or 15
59	59	(B) Medically diagnosed by a licensed physician as a child 16
60	60	with a disability under the Individuals with Disabilities Education Act, 20 17
61	61	U.S.C. § 1401(3)(A). 18
62	62	(b) The Succeed Scholarship Program is established and intended to 19
63	63	provide a scholarship to a private school of choice for: 20
64	64	(1) Students in foster care as defined in this section; 21
65	65	(2) Students with a disability; or 22
66	66	(3) Students who are children of a member of the uniformed 23
67	67	services. 24
68	68	25
69	69	SECTION 2. Arkansas Code § 6 -41-902 is amended to read as follows: 26
70	70	6-41-902. Student eligibility. 27
71	71	(a) A parent or legal guardian of a student in this state may apply 28
72	72	for a Succeed Scholarship to enroll his or her child in an approved private 29
73	73	school in this state if: 30
74	74	(1)(A) The student is currently enrolled in a public school and 31
75	75	has attended public school for at least one (1) full academic year. 32
76	76	(B) Subdivision (a)(1)(A) of this section does not apply 33
77	77	if: 34
78	78	(i) The student is a dependent of an active duty 35
79	79	member of any branch of the United States Armed For ces; or 36 HB1113
80	80
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82	82
83	83
84	84	(ii) The superintendent of the student's resident 1
85	85	school district in this state waives the requirement; 2
86	86	(2) The student: 3
87	87	(A) Is in foster care as defined in § 6 -41-901 or has been 4
88	88	in the foster care system and achieved permanency throug h adoption, 5
89	89	reunification, or permanent guardianship; 6
90	90	(B) Has been identified by a public school district as 7
91	91	having a disability consistent with the Individuals with Disabilities 8
92	92	Education Act, 20 U.S.C. § 1400 et seq., as evidenced by written notice o f 9
93	93	the decision from the public school district, or has been medically diagnosed 10
94	94	by a licensed physician as a child with a disability under 20 U.S.C. § 11
95	95	1401(3)(A); 12
96	96	(C) Participated in the Succeed Scholarship Program during 13
97	97	the prior school year and has not yet graduated from high school or attained 14
98	98	twenty-one (21) years of age; or 15
99	99	(D) Is a child of a member of the uniformed services; 16
100	100	(3) The student has been accepted for admission into a private 17
101	101	school in this state that is eligible to participate in the program; 18
102	102	(4) The parent has notified the student's current school 19
103	103	district of the request for a scholarship at least sixty (60) days before the 20
104	104	date of the first scholarship payment; and 21
105	105	(5)(A) For students in foster care, the Department of H uman 22
106	106	Services approves the student's placement in the private school. 23
107	107	(B) The department shall approve the student's placement 24
108	108	in the private school if a determination is made that placement in the 25
109	109	private school is in the best interest of the student. 26
110	110	(b) If a student is accepted to a private school upon the availability 27
111	111	of space, a parent or legal guardian shall notify the student's school 28
112	112	district at least sixty (60) days before the student enrolls in the private 29
113	113	school and receives the first schol arship payment. 30
114	114	(c) The Division of Elementary and Secondary Education shall approve a 31
115	115	maximum of twenty (20) scholarships under this subchapter per academic year 32
116	116	for students in foster care. 33
117	117	(d) For purposes of continuity of educational choice, the pr ogram 34
118	118	payments made under this subchapter shall remain in effect until a student 35
119	119	who is participating in the program returns to a public school district or 36 HB1113
120	120
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122	122
123	123
124	124	open-enrollment public charter school, graduates from high school, or attains 1
125	125	twenty-one (21) years of age, whichever occurs first. 2
126	126	(e)(d) An eligible student who is a child of a member of the uniformed 3
127	127	services may receive a scholarship under this subchapter only if funds remain 4
128	128	after all eligible students as described by subdivisions (a)(2)(A) -(C) of 5
129	129	this section have received a scholarship under this subchapter. 6
130	130	7
131	131	SECTION 3. Arkansas Code § 6 -41-906(a), concerning rules and duties of 8
132	132	the State Board of Education under the Succeed Scholarship Program, is 9
133	133	amended to read as follows: 10
134	134	(a)(1) The State Board of Education shall adopt rules and develop 11
135	135	notices and other documentation necessary to administer the Succeed 12
136	136	Scholarship Program, including without limitation rules concerning the method 13
137	137	for applying for a scholarship, that are in the best inter est of students. 14
138	138	(2)(A) The state board may promulgate rules and develop a 15
139	139	process to award scholarships using a lottery selection process if parent 16
140	140	applications exceed the number of available scholarships. 17
141	141	(B)(i) Twenty (20) scholarships shall be r eserved for 18
142	142	students in foster care during the initial lottery each year if a lottery 19
143	143	selection process is used. 20
144	144	(ii) Any remaining scholarships shall be made 21
145	145	available to students with a disability through the lottery process if fewer 22
146	146	than twenty (20) students in foster care apply for a scholarship and are 23
147	147	eligible for a scholarship before the initial lottery. 24
148	148	(C)(B) A weighted lottery may only be used when necessary 25
149	149	to comply with a: 26
150	150	(i) Federal court order; or 27
151	151	(ii) Federal administrative order issued by an 28
152	152	appropriate federal agency having proper authority to enforce remedial 29
153	153	measures necessary to comply with Title VI of the federal Civil Rights Act of 30
154	154	1964, Title IX of the federal Education Amendments of 1972, or the Equal 31
155	155	Protection Clause of the Fourteenth Amendment to the United States 32
156	156	Constitution. 33
157	157	34
158	158	35
159	159	36