Stricken language would be deleted from and underlined language would be added to present law.
*MBM034* 01/09/2023 08:15:43 AM MBM034
State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1113 3
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By: Representative Rose 5
By: Senator J. Dotson 6
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For An Act To Be Entitled 8
AN ACT TO AMEND ARKA NSAS LAW CONCERNING THE AWARD OF 9
SCHOLARSHIPS UNDER T HE SUCCEED SCHOLARSH IP PROGRAM TO 10
STUDENTS IN FOSTER C ARE; AND FOR OTHER P URPOSES. 11
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Subtitle 14
TO AMEND ARKANSAS LAW CONCERNING THE 15
AWARD OF SCHOLARSHIPS UNDER THE SUCCEED 16
SCHOLARSHIP PROGRAM TO STUDENTS IN FOSTER 17
CARE. 18
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
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SECTION 1. Arkansas Code § 6 -41-901 is amended to read as follows: 23
6-41-901. Definitions — Establishment — Intent. 24
(a) As used in this subchapter: 25
(1) “Foster care” means the care of a child by : 26
(A) a A group home or group facility on a twenty -four-hour-27
a-day basis away from the home of the child's parent or parents ; or 28
(B) An individual or family that is licensed or approved 29
as a foster home or provisional foster home under Arkansas Code, Title 9, 30
Chapter 28; 31
(2) “Foster parent” means the: 32
(A) responsible Responsible official or officials of a 33
group home or group facility that provides foster care to a child ; or 34
(B) Individual or individuals that are licensed or 35
approved as a foster home or provisional foster home under Arkansas Code, 36 HB1113
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Title 9, Chapter 28, and provide foster care to a child ; 1
(3) “Member of the uniformed services” means: 2
(A) An active duty or reserve component member of the 3
United States Army, United States Navy, United States Air Force, United 4
States Marine Corps, United States Space Force, or United States Coast Guard; 5
(B) A member of the National Guard; 6
(C) A member of the National Oceanic and Atmospheric 7
Administration Commissioned Officer Corps; or 8
(D) A member of the active or reserve component of the 9
United States Commissioned Corps of the Public Health Service; 10
(4) “Parent” means a student's parent or foster pa rent; and 11
(5) “Student with a disability” means students who have been: 12
(A) Identified by a public school district as having a 13
disability consistent with the Individuals with Disabilities Education Act, 14
20 U.S.C. § 1401 et seq.; or 15
(B) Medically diagnosed by a licensed physician as a child 16
with a disability under the Individuals with Disabilities Education Act, 20 17
U.S.C. § 1401(3)(A). 18
(b) The Succeed Scholarship Program is established and intended to 19
provide a scholarship to a private school of choice for: 20
(1) Students in foster care as defined in this section; 21
(2) Students with a disability; or 22
(3) Students who are children of a member of the uniformed 23
services. 24
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SECTION 2. Arkansas Code § 6 -41-902 is amended to read as follows: 26
6-41-902. Student eligibility. 27
(a) A parent or legal guardian of a student in this state may apply 28
for a Succeed Scholarship to enroll his or her child in an approved private 29
school in this state if: 30
(1)(A) The student is currently enrolled in a public school and 31
has attended public school for at least one (1) full academic year. 32
(B) Subdivision (a)(1)(A) of this section does not apply 33
if: 34
(i) The student is a dependent of an active duty 35
member of any branch of the United States Armed For ces; or 36 HB1113
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(ii) The superintendent of the student's resident 1
school district in this state waives the requirement; 2
(2) The student: 3
(A) Is in foster care as defined in § 6 -41-901 or has been 4
in the foster care system and achieved permanency throug h adoption, 5
reunification, or permanent guardianship; 6
(B) Has been identified by a public school district as 7
having a disability consistent with the Individuals with Disabilities 8
Education Act, 20 U.S.C. § 1400 et seq., as evidenced by written notice o f 9
the decision from the public school district, or has been medically diagnosed 10
by a licensed physician as a child with a disability under 20 U.S.C. § 11
1401(3)(A); 12
(C) Participated in the Succeed Scholarship Program during 13
the prior school year and has not yet graduated from high school or attained 14
twenty-one (21) years of age; or 15
(D) Is a child of a member of the uniformed services; 16
(3) The student has been accepted for admission into a private 17
school in this state that is eligible to participate in the program; 18
(4) The parent has notified the student's current school 19
district of the request for a scholarship at least sixty (60) days before the 20
date of the first scholarship payment; and 21
(5)(A) For students in foster care, the Department of H uman 22
Services approves the student's placement in the private school. 23
(B) The department shall approve the student's placement 24
in the private school if a determination is made that placement in the 25
private school is in the best interest of the student. 26
(b) If a student is accepted to a private school upon the availability 27
of space, a parent or legal guardian shall notify the student's school 28
district at least sixty (60) days before the student enrolls in the private 29
school and receives the first schol arship payment. 30
(c) The Division of Elementary and Secondary Education shall approve a 31
maximum of twenty (20) scholarships under this subchapter per academic year 32
for students in foster care. 33
(d) For purposes of continuity of educational choice, the pr ogram 34
payments made under this subchapter shall remain in effect until a student 35
who is participating in the program returns to a public school district or 36 HB1113
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open-enrollment public charter school, graduates from high school, or attains 1
twenty-one (21) years of age, whichever occurs first. 2
(e)(d) An eligible student who is a child of a member of the uniformed 3
services may receive a scholarship under this subchapter only if funds remain 4
after all eligible students as described by subdivisions (a)(2)(A) -(C) of 5
this section have received a scholarship under this subchapter. 6
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SECTION 3. Arkansas Code § 6 -41-906(a), concerning rules and duties of 8
the State Board of Education under the Succeed Scholarship Program, is 9
amended to read as follows: 10
(a)(1) The State Board of Education shall adopt rules and develop 11
notices and other documentation necessary to administer the Succeed 12
Scholarship Program, including without limitation rules concerning the method 13
for applying for a scholarship, that are in the best inter est of students. 14
(2)(A) The state board may promulgate rules and develop a 15
process to award scholarships using a lottery selection process if parent 16
applications exceed the number of available scholarships. 17
(B)(i) Twenty (20) scholarships shall be r eserved for 18
students in foster care during the initial lottery each year if a lottery 19
selection process is used. 20
(ii) Any remaining scholarships shall be made 21
available to students with a disability through the lottery process if fewer 22
than twenty (20) students in foster care apply for a scholarship and are 23
eligible for a scholarship before the initial lottery. 24
(C)(B) A weighted lottery may only be used when necessary 25
to comply with a: 26
(i) Federal court order; or 27
(ii) Federal administrative order issued by an 28
appropriate federal agency having proper authority to enforce remedial 29
measures necessary to comply with Title VI of the federal Civil Rights Act of 30
1964, Title IX of the federal Education Amendments of 1972, or the Equal 31
Protection Clause of the Fourteenth Amendment to the United States 32
Constitution. 33
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