Stricken language would be deleted from and underlined language would be added to present law. Act 504 of the Regular Session *TNL228* 03-31-2025 12:13:04 TNL228 State of Arkansas As Engrossed: H3/12/25 H3/31/25 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1733 3 4 By: Representatives Joey Carr, Tosh 5 By: Senator Caldwell 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND VARIOUS PROVISIONS OF THE ARKANSAS 9 CODE CONCERNING THE ARKANSAS BETTER CHANCE PROGRAM 10 ACT; AND FOR OTHER PURPOSES. 11 12 13 Subtitle 14 TO AMEND VARIOUS PROVISIONS OF THE 15 ARKANSAS CODE CONCERNING THE ARKANSAS 16 BETTER CHANCE PROGRAM ACT. 17 18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 20 SECTION 1. DO NOT CODIFY. Legislative findings and intent. 21 (a) The General Assembly finds that: 22 (1) Preschool is an essential resource and component in the 23 State of Arkansas that is necessary to prepare young children to adequately 24 participate in a learning environment in elementary education; 25 (2) Currently, the Arkansas Better Chance Program and Arkansas 26 Better Chance for School Success Program have twenty -three thousand (23,000) 27 available preschool slots between the two programs; 28 (3) It is in the best interest of Arkansas's families and 29 childcare providers to combine the Arkansas Better Chance Program and 30 Arkansas Better Chance for School Success Program to promote efficiency in 31 the use and administration of the programs; and 32 (4) The qualifications for eligibility to participate in the 33 Arkansas Better Chance Program and Arkansas Better Chance for School Success 34 Program should be established by the Division of Elementary and Secondary 35 Education and should be the same qualifications for eligibility to 36 As Engrossed: H3/12/25 H3/31/25 HB1733 2 03-31-2025 12:13:04 TNL228 participate in the Arkansas Better Chance Program for the 2024 -2025 school 1 year. 2 (b) It is the intent of the General Assembly to ensure a greater 3 opportunity for a more efficient utilization of current slots and resources 4 available in both the Arkansas Better Chance Program and Arkansas Better 5 Chance for School Success Program for Arkansas families and childcare 6 providers. 7 8 SECTION 2. Arkansas Code § 6 -45-104(a)(2), concerning the requirement 9 of a local school to work with the Division of Elementary and Secondary 10 Education to develop an Arkansas Better Chance for School Success Program in 11 certain circumstances, is amended to read as follows: 12 (2) A local school is required to work with the Division of 13 Elementary and Secondary Education and its local community to establish, 14 promote, and assist in the development of a program under the Arkansas Better 15 Chance for School Success Program to serve all children in the school as 16 provided in § 6-45-108 § 6-45-105, if the school is located in a school 17 district classified as in need of Level 5 — Intensive support. 18 19 SECTION 3. Arkansas Code § 6-45-105 is amended to read as follows: 20 6-45-105. Establishment of Arkansas Better Chance Program — Arkansas 21 Better Chance for School Success Program . 22 (a)(1)(A) The Division of Elementary and Secondary Education shall 23 establish the Arkansas Better Chance Program to assist in the establishment 24 and funding of the appropriate early childhood programs for children from 25 birth through five (5) years of age. 26 (B) Within the Arkansas Better Chance Program there is 27 established the Arkansas Better Chance for School Success Program for 28 providing appropriate early care and education programs for children three 29 (3) years of age and four (4) years of age as identified under § 6 -45-108(a) 30 from birth through five (5) years of age . 31 (C) The Division of Elementary and Secondary Education 32 shall establish the same criteria and qualifications for eligibility to 33 participate in the Arkansas Better Chance Program and the Arkansas Better 34 Chance for School Success Program. 35 (D) A child from birth through five (5) years of age who 36 As Engrossed: H3/12/25 H3/31/25 HB1733 3 03-31-2025 12:13:04 TNL228 meets at least one (1) of the qualifications established by the Division of 1 Elementary and Secondary Education for the Arkansas Better Chance Program or 2 the Arkansas Better Chance for School Success Program shall be eligible to 3 participate in the Arkansas Better Chance Program or the Arkansas Better 4 Chance for School Success Program. 5 (2)(A) The Division of Elementary and Secondary Education shall 6 award grants or contracts to appropriate early childhood programs 7 selected by the Division of Elementary and Secondary Education in accordance 8 with specified programmatic standards. 9 (B)(i) These standards will shall be developed by the 10 Division of Elementary and Secondary Education, with the advice and 11 assistance of the Arkansas Early Childhood Commission. 12 (ii) Standards for funding the Home Instruction for 13 Parents of Preschool Youngsters (HIPPY) U.S.A. will shall be developed in 14 conjunction with the Arkansas HIPPY Advisory Board. 15 (C) The Home Instruction for Parents of Preschool 16 Youngsters (HIPPY) U.S.A. regional technical assistance and training center 17 shall be defined and funded as an integral part of the Home Instruction for 18 Parents of Preschool Youngsters (HIPPY) U.S.A. to provide necessary training, 19 technical assistance, and program support to program sites in Arkansas. 20 (b) The programmatic standards and other rules necessary for the 21 implementation of the Arkansas Better Chance Program and the Arkansas Better 22 Chance for School Success Program shall be adopted by the State Board of 23 Education in accordance with the provisions of the Arkansas Administrative 24 Procedure Act, § 25-15-201 et seq. 25 (c)(1) The Division of Elementary and Secondary Education may expend a 26 maximum of two percent (2%) of available funds to administer the Arkansas 27 Better Chance Program and the Arkansas Better Chance for School Success 28 Program and to monitor Arkansas Better Chance Program and Arkansas Better 29 Chance for School Success Program grantees to ensure compliance with 30 programmatic standards. 31 (2) The Division of Elementary and Secondary Education may 32 contract with the Division of Child Care and Early Childhood Education to 33 administer the Arkansas Better Chance Program and the Arkansas Better Chance 34 for School Success Program . 35 36 As Engrossed: H3/12/25 H3/31/25 HB1733 4 03-31-2025 12:13:04 TNL228 SECTION 4. Arkansas Code § 6 -45-108 is repealed. 1 6-45-108. Criteria for determining need. 2 (a)(1) All children three (3) years of age and four (4) years of age 3 who are members of a family with a gross family income not exceeding two 4 hundred percent (200%) of the federal poverty guidelines are eligible to 5 attend an Arkansas Better Chance for School Success Program if there is an 6 Arkansas Better Chance for School Success Program available in the school 7 district where the child resides and if there is available space for the 8 child to attend the Arkansas Better Chance for School Success Program. 9 (2) The Division of Elementary and Secondary Education and the 10 Division of Child Care and Early Childhood Education may develop a fee 11 schedule and establish eligibility based on family income for children who 12 are not eligible under subdivision (a)(1) of this section, but priority 13 enrollment shall be allowed to children eligible under subdivision (a)(1) of 14 this section. 15 (b) The Division of Elementary and Secondary Education and the 16 Division of Child Care and Early Childhood Education shall review various 17 criteria for identifying and targeting the areas of the state with the 18 greatest need for early childhood programs. 19 (c) The State Board of Education, with the advice and assistance of 20 the Division of Child Care and Early Childhood Education, shall adopt the 21 appropriate criteria for identifying Arkansas children with the greatest need 22 to participate in Arkansas Better Chance for School Success Program -funded 23 early childhood programs. 24 25 /s/Joey Carr 26 27 28 APPROVED: 4/10/25 29 30 31 32 33 34 35 36