Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 246 3
4
By: Senator J. Dismang 5
By: Representative M. Shepherd 6
7
For An Act To Be Entitled 8
AN ACT TO CREATE THE ARKANSAS ACCESS ACT; TO AMEND 9
VARIOUS PROVISIONS OF THE ARKANSAS CODE AS THEY 10
RELATE TO EDUCATION IN THE STATE OF ARKANSAS; AND FOR 11
OTHER PURPOSES. 12
13
14
Subtitle 15
TO CREATE THE ARKANSAS ACCESS ACT; AND 16
TO AMEND VARIOUS PROVISIONS OF THE 17
ARKANSAS CODE AS THEY RELATE TO 18
EDUCATION IN THE STATE OF ARKANSAS. 19
20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
22
SECTION 1. DO NOT CODIFY. Title. 23
This act shall be known and may be cited as the “Arkansas ACCESS Act”. 24
25
SECTION 2. Arkansas Code § 6-1-404(a), concerning the membership of 26
the School Leadership Coordinating Council, is amended to read as follows: 27
(a) The School Leadership Coordinating Council consists of seventeen 28
(17) the following members as follows: 29
(1) The Chair of the Arkansas Association of Colleges for 30
Teacher Education Council of Deans; 31
(2) The Commissioner of Elementary and Secondary Education; 32
(3) The Director of the Arkansas Leadership Academy; 33
(4)(2) The Commissioner of the Division of Higher Education; 34
(5)(3) The Director of the Division of Career and Technical 35
Education; 36 SB246
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(6) The Executive Director of the Arkansas Association of 1
Educational Administrators; 2
(7) The Executive Director of the Arkansas Education 3
Association; 4
(8) The Executive Director of the Arkansas School Boards 5
Association; 6
(9) The Executive Director of the Arkansas Association for 7
Supervision and Curriculum Development; 8
(10) The Executive Director of the Arkansas Rural Ed 9
Association; 10
(11) A representative from the Arkansas Professors of 11
Educational Administration; 12
(12) A representative from the Arkansas Center for Executive 13
Leadership; 14
(13) A representative from an education service cooperative; 15
(14) A representative from the Arkansas Public School Resource 16
Center, Inc.; 17
(15) A representative from the Arkansas State Teachers 18
Association; 19
(16)(4) The Chair of the Senate Committee on Education or the 20
chair's designee; and 21
(17)(5) The Chair of the House Committee on Education or the 22
chair's designee; and 23
(6) Other stakeholders as deemed necessary by the members 24
designated under subdivisions (a)(1) -(5) of this section. 25
26
SECTION 3. Arkansas Code § 6 -1-404(d), concerning meetings of the 27
School Leadership Coordinating Council, is amended to read as follows: 28
(d)(1) The council shall meet at the times and places that the Chair 29
of the School Leadership Coordinating Council deems necessary but no less 30
than four (4) times per year. 31
(2) Seven (7) A majority of the members of the council shall 32
constitute a quorum for the purpose of transacting business. 33
(3) All actions of the council are by quorum. 34
35
SECTION 4. Arkansas Code Title 6, Chapter 5, Subchapter 11 is 36 SB246
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repealed. 1
Subchapter 11 — Council on Postsecondary Education and Career Readiness 2
6-5-1101. Legislative intent. 3
The General Assembly finds that: 4
(1) Public schools should help all students: 5
(A) Have the reading, writing, and mathematics skills 6
needed to succeed in all first -year coursework in associate and baccalaureate 7
degree programs in non -mathematics-based majors; and 8
(B) Be ready for as many career options as possible by 9
having a base level of employability; and 10
(2) The development of college and career readiness standards 11
should be undertaken as an integrative process among: 12
(A) The General Assembly; 13
(B) State agencies that regulate and support the public 14
educational systems of the state; 15
(C) Kindergarten, elementary, secondary, and postsecondary 16
educational institutions; and 17
(D) The public. 18
19
6-5-1102. Council on Postsecondary Education and Career Readiness 20
established — Membership — Meetings. 21
(a) This subchapter establishes the Council on Postsecondary Education 22
and Career Readiness to facilitate the collaboration of kindergarten, 23
elementary, secondary, and postsecondary educational institutions in Arkansas 24
in developing college and career readiness standards that align school 25
curriculum and graduation standards with postsecondary education requirements 26
and business community expectations for employability. 27
(b) The council shall consist of eleven (11) members as follows: 28
(1) The Commissioner of Elementary and Secondary Education or 29
his or her designee; 30
(2) The Commissioner of the Division of Higher Education or his 31
or her designee; 32
(3) The Director of the Division of Career and Technical 33
Education or his or her designee; 34
(4) The Director of the Arkansas Economic Development Commission 35
or his or her designee; 36 SB246
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(5) The Director of the Division of Workforce Services or his or 1
her designee; 2
(6) A president or chancellor of an Arkansas four -year 3
institution of higher education or his or her designee, appointed annually by 4
the Commissioner of the Division of Higher Education; 5
(7) The Executive Director of the Arkansas Association of 6
Educational Administrators or his or her designee; 7
(8) The Executive Director of Arkansas Community Colleges or his 8
or her designee; 9
(9) The Executive Director of the Arkansas Education Association 10
or his or her designee; 11
(10) The Executive Director of the Arkansas School Boards 12
Association or his or her designee; and 13
(11) The President of the Arkansas State Chamber of Commerce and 14
the Associated Industries of Arkansas or his or her designee. 15
(c)(1) The Commissioner of Elementary and Secondary Education or his 16
or her designee shall call the first meeting of the council and serve as 17
chair for the first meeting. 18
(2) The first meeting shall occur within thirty (30) days of the 19
effective date of this subchapter. 20
(d) At the first meeting of the council and annually thereafter, the 21
voting members of the council shall elect one (1) member to serve as chair 22
for one (1) year. 23
(e)(1) All members are voting members except the chair, who may vote 24
only to break a tie vote. 25
(2) A majority of the members shall constitute a quorum for the 26
transaction of business. 27
(f) The council shall meet at least three (3) times in a calendar 28
year. 29
(g) The Department of Education shall provide meeting space and staff 30
for the council. 31
(h) Council members shall serve without pay and shall not receive 32
expense reimbursement except from the agency or institution employing the 33
member. 34
35
6-5-1103. Powers and duties. 36 SB246
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(a) The Council on Postsecondary Education and Career Readiness shall: 1
(1) Develop a unified strategy to: 2
(A) Reduce remediation rates among high school graduates 3
entering postsecondary education by at least fifty percent (50%) by the year 4
2020; and 5
(B) Increase postsecondary graduation and completion 6
rates; 7
(2)(A) Support college and career readiness standards that: 8
(i) Require higher performance levels than those 9
currently required for high school graduation; and 10
(ii) Promote accelerated learning opportunities, 11
including without limitation Advanced Placement courses, concurrent credit 12
opportunities, and other accelerated opportunities with college or 13
vocational-technical school assistance to ensure that all students have the 14
skills to be successful in either employment or postsecondary education. 15
(B) College and career readiness standards shall be 16
implemented with the understanding that until July 1, 2022, interim high 17
school graduation standards may be used until the high school graduation 18
standards adopted by the State Board of Education are equal to the college 19
and career readiness standards; 20
(3) Develop a successful transition -to-work matrix that schools 21
and students may use to help students develop employment skills; 22
(4) Develop guidelines for secondary school intervention 23
programs and transitional courses; 24
(5) Develop guidelines for professional development for teachers 25
of transitional courses and opportunities for collaboration among high 26
school, vocational-technical school, and college faculty to ensure that 27
transitional courses target gaps in students' college and career readiness 28
skills; and 29
(6) Provide the reports required under this subchapter. 30
(b)(1) The council shall establish working groups of its members, or 31
staff of the agencies or institutions employing the members, to direct the 32
planning process and strategic implementation of its plans. 33
(2) The working groups shall: 34
(A) Develop goals and action plans; 35
(B) Identify resources; and 36 SB246
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(C) Determine expected outcomes to measure for each 1
strategy promoting college and career readiness and postsecondary completion. 2
3
6-5-1104. Reporting requirements. 4
(a) By June 30, 2014, the Council on Postsecondary Education and 5
Career Readiness shall: 6
(1) Develop a written plan to reduce remediation rates and 7
increase postsecondary graduation rates, including without limitation: 8
(A) Annual goals; 9
(B) Action strategies; 10
(C) Assigned responsibilities for implementing strategies; 11
(D) Timelines; and 12
(E) Reporting mechanisms; 13
(2) Provide the written plan to: 14
(A) The House Committee on Education and the Senate 15
Committee on Education; 16
(B) The board of directors of each school district and 17
open-enrollment charter school in this state; and 18
(C) The governing board of each state -supported 19
institution of higher education in this state; and 20
(3) Encourage each school district board of directors and the 21
governing board of each state -supported institution of higher education in 22
the state to participate in the council's plan and to work collaboratively to 23
reduce the remediation rates and further postsecondary graduation and 24
completion rates. 25
(b) By June 30, 2015, and annually thereafter, the council shall 26
report to the House Committee on Education and the Senate Committee on 27
Education: 28
(1) The progress of the council's work for the year; and 29
(2) Its recommendations, which may include without limitation 30
proposals for legislative action. 31
32
SECTION 5. Arkansas Code Title 6, Chapter 5, Subchapter 12 is amended 33
to read as follows: 34
Subchapter 12 — Advanced Placement Training and Incentive Program Accelerated 35
Learning 36 SB246
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1
6-5-1201. Established Definition. 2
There is established the Advanced Placement Training and Incentive 3
Program. 4
As used in this subchapter, “accelerated learning” means an organized 5
method of learning that enables a student to meet individual academic goals 6
and graduation requirements while pursuing higher levels of skill 7
development, including without limitation the following coursework: 8
(1) A College Board pre -Advanced Placement and Advanced 9
Placement course; 10
(2) An International Baccalaureate Diploma Programme course; 11
(3) A Cambridge Advanced International Certificate of Education 12
course; 13
(4) A concurrent credit course; and 14
(5) A substantively similar course or program approved by the 15
Division of Elementary and Secondary Education. 16
17
6-5-1202. Purpose of Advanced Placement Training and Incentive Program 18
accelerated learning — Grant funding. 19
(a) The purpose of the Advanced Placement Training and Incentive 20
Program accelerated learning is to: 21
(1) Prepare more students for: 22
(A) Success in higher education; 23
(B) Postsecondary training; and 24
(C) Careers in science, technology, engineering, and 25
mathematics High-wage, high-demand careers; 26
(2) Increase the number of students who graduate from 27
institutions of higher education; and 28
(3) Support and enhance Advanced Placement accelerated learning 29
initiatives already operating in the state. 30
(b)(1) The Division of Elementary and Secondary Education shall 31
provide grant funding to organizations that implement measures to achieve the 32
goals of the Advanced Placement Training and Incentive Program accelerated 33
learning as determined by the division . 34
(2) An organization that receives grant funding to implement the 35
Advanced Placement Training and Incentive Program under this subchapter 36 SB246
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shall: 1
(A) Be affiliated with the National Math and Science 2
Initiative; and 3
(B) Have demonstrated success with an Advanced Placement 4
Training and Incentive Program. 5
(3) An organization that receives grant funding to provide the 6
Advanced Placement Training and Incentive Program accelerated learning may 7
without limitation: 8
(A) Develop public-private partnerships to advance math 9
and science learning opportunities; 10
(B) Generate revenue from public or private sector 11
entities to support other opportunities; or and 12
(C) Accept grants, donations, gifts, or bequests. 13
(c) Grant funding provided by the division to an organization under 14
this subchapter shall be used to: 15
(1) Support and enhance the Advanced Placement Training and 16
Incentive Program accelerated learning ; 17
(2) Pay for personal services and operating expenses required to 18
carry out the Advanced Placement Training and Incentive Program accelerated 19
learning; and 20
(3) Pay for technology, materials, assessments, and other 21
resources used in the Advanced Placement Training and Incentive Program 22
accelerated learning . 23
24
6-5-1203. Components and goals of Advanced Placement Training and 25
Incentive Program accelerated learning . 26
(a) The Advanced Placement Training and Incentive Program Accelerated 27
learning shall: 28
(1) Provide advanced placement accelerated learning content 29
directors to work, mentor, and provide resources to advanced placement and 30
pre-advanced placement accelerated learning teachers in the areas of: 31
(A) Mathematics; 32
(B) Science; and 33
(C) English; 34
(2) Provide nationally recognized professional development for 35
advanced placement and pre -advanced placement accelerated learning teachers 36 SB246
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that will enhance the knowledge and pedagogical skills of the teachers; and 1
(3) Develop and provide materials and resources for advanced 2
placement and pre-advanced placement accelerated learning teachers. 3
(b) The overall goal of the Advanced Placement Training and Incentive 4
Program accelerated learning is to: 5
(1) Increase the number of students enrolled in Advanced 6
Placement accelerated learning mathematics, science, and English; 7
(2) Increase the number of students who score three (3) or more 8
on Advanced Placement exams; 9
(3) Reduce the participation gaps and performance gaps in 10
Advanced Placement classes between African -American, Hispanic, and Caucasian 11
students; 12
(4) Help public high schools Ensure school districts develop 13
strong and successful Advanced Placement programs accelerated learning for 14
public high schools; 15
(5)(3) Enhance and augment Advanced Placement accelerated 16
learning policies and initiatives in Arkansas; 17
(6)(4) Provide the Advanced Placement Training and Incentive 18
Program accelerated learning in every public high school that elects to 19
participate and strengthen its Advanced Placement program accelerated 20
learning; and 21
(7) (5) Increase the number of students prepared to enter 22
science, technology, engineering, and mathematics fields in higher education 23
or related training and occupations. 24
25
6-5-1204. Participation in Advanced Placement Training and Incentive 26
Program accelerated learning . 27
(a) An organization that receives grant funding to provide the 28
Advanced Placement Training and Incentive Program accelerated learning shall 29
publish a list of program fees on or before June 1 each year. 30
(b) A public high school is eligible to participate in the Advanced 31
Placement Training and Incentive Program accelerated learning . 32
(c)(1) A public high school that chooses to participate in the 33
Advanced Placement Training and Incentive Program school's accelerated 34
learning shall pay a participation and the required service fee determined by 35
the organization. 36 SB246
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(2) A public high school may choose either to participate fully 1
in the Advanced Placement Training and Incentive Program or to participate on 2
a limited basis, in which case the public high school shall pay a fee for 3
each service the public high school elects to use. 4
5
6-5-1205. Funding for accelerated learning. 6
(a) Contingent upon legislative appropriations and based on criteria 7
established by the Division of Elementary and Secondary Education, a school 8
that is offering accelerated learning may be awarded a one -time equipment and 9
instructional materials grant for providing an accelerated learning course. 10
(b) Contingent upon legislative appropriation and the availability of 11
funding, the state may pay in full or on a pro rata basis the cost of the 12
accelerated learning test fees. 13
(c) The State Board of Education may promulgate rules to implement 14
this subchapter. 15
16
SECTION 6. Arkansas Code § 6-13-629(a)(3)-(5), concerning the training 17
and instruction regarding interpretation of audit reports that school board 18
of directors members must receive, is amended to read as follows: 19
(3)(A) The training and instruction required under this section 20
shall include: 21
(i) Topics relevant to school laws and school 22
operations; 23
(ii) The powers, duties, and responsibilities of the 24
members of the a board of directors, including without limitation: 25
(a) Legal requirements, including without 26
limitation: 27
(1) The items listed or required by the 28
Legislative Joint Auditing Committee under § 6 -1-101; and 29
(2) Other financial laws, rules, or 30
federal regulations designated by the Division of Elementary and Secondary 31
Education; 32
(b) Role differentiation; 33
(c) Financial management, including without 34
limitation how to read and interpret an audit report; and 35
(d) Improving student achievement; and 36 SB246
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(iii) Information regarding school safety and 1
student discipline. 2
(B) The training or instruction on how to read and 3
interpret an audit report required under subdivision (a)(3)(A)(ii)(c) of this 4
section shall be conducted: 5
(i) By a person who: 6
(a) Is licensed to practice accounting by the 7
Arkansas State Board of Public Accountancy; 8
(b) Has prior experience in conducting a 9
school district financial audit; 10
(c) Is not an employee of Arkansas Legislative 11
Audit unless the training or instruction is conducted for the boards of 12
directors of multiple school districts; and 13
(d) Is not the person conducting the annual 14
audit or other financial audit of the school district unless the training or 15
instruction is presented in a large group setting sponsored by a statewide or 16
regional organization that is attended by multiple school districts; 17
(ii) Under the consultation or supervision of an 18
individual who qualifies under subdivision (a)(3)(B)(i) of this section as 19
part of a program that is provided: 20
(a) By an institution of higher education 21
located in Arkansas; or 22
(b) From instruction sponsored or approved by 23
the Department of Education; or 24
(c) By an in-service training conducted by or 25
through the Arkansas School Boards Association; and 26
(iii) By electronic means or in person, or both. 27
(4) Hours of training and instruction obtained in excess of the 28
minimum requirements each year may accumulate and be carried forward from 29
year to year. 30
(5) This instruction may be received from an institution of 31
higher education in this state , or from instruction sponsored or approved by 32
the Department of Education, or by an in -service training program conducted 33
by or through the Arkansas School Boards Association department. 34
35
SECTION 7. Arkansas Code § 6 -13-808 is repealed. 36 SB246
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6-13-808. The Arkansas Traveling Teacher Program. 1
(a) The Arkansas Traveling Teacher Program is hereby established and 2
shall be administered by the Division of Elementary and Secondary Education 3
with the assistance of public school districts and education service 4
cooperatives. 5
(b)(1) Pursuant to the provisions of this section, and to the extent 6
sufficient funding is available, the following persons and public school 7
districts may enter into an agreement to provide traveling teacher services 8
for one (1) or more receiving school districts for one (1) or more courses 9
required by the Standards for Accreditation of Arkansas Public Schools and 10
School Districts and any Advanced Placement courses required by § 6 -16-1204: 11
(A) A traveling teacher who is appropriately licensed in 12
Arkansas as a teacher and employed on a full -time equivalent basis by a host 13
school district; 14
(B) A host school district that is an Arkansas public 15
school district with a student population of eight thousand (8,000) students 16
or fewer and that desires to provide traveling teacher services to a 17
receiving school district; and 18
(C) A receiving school district that is a public school 19
district other than the host school district and that desires to receive 20
traveling teacher services. 21
(2) The parties shall enter into a written agreement, in the 22
form established by the division, that shall include without limitation the 23
following: 24
(A) That the traveling teacher is to provide professional 25
teaching services to the receiving school district for one (1) or more 26
required courses; 27
(B) The amount of the bonus to be provided to the 28
traveling teacher under subdivision (c)(1)(A) of this section; 29
(C) For each course to be taught under the agreement: 30
(i) A description of the course; 31
(ii) The time and day for teaching each course; and 32
(iii) The exact location where the course will be 33
taught; 34
(D)(i) Whether the agreement is for a school semester or a 35
school year. 36 SB246
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(ii) No agreement shall be for a time period longer 1
than a school year or shorter than a school semester; 2
(E)(i) That the receiving school district will reimburse 3
the host school district for the time the traveling teacher is not working in 4
the host school district. 5
(ii) The reimbursement shall be the receiving school 6
district's pro rata share of the traveling teacher's time based on the hourly 7
rate of the traveling teacher's contract with the host school district; 8
(F) That at all times during the period of the agreement, 9
the traveling teacher is an employee of the host school district and is 10
subject to the personnel policies and contractual obligations of the host 11
school district; and 12
(G)(i) That sufficient time will be allowed for the 13
traveling teacher to travel to and from the host school district and the 14
receiving school district. 15
(ii) The division shall not approve an agreement 16
under this section unless the agreement requires the traveling teacher to be 17
physically present in the receiving school district while the traveling 18
teacher is teaching any course specified in the agreement. 19
(3) The agreement shall be reviewed and approved by the division 20
under subsection (f) of this section. 21
(c) To the extent the agreement is approved by the division: 22
(1)(A) Upon completion of the traveling teacher's services 23
provided under the agreement and under the terms of the agreement, the host 24
school district shall pay the traveling teacher, in addition to the amount 25
required by the teacher's annual teacher's contract with the host school 26
district a bonus of either: 27
(i) Two thousand dollars ($2,000) for a semester 28
agreement; or 29
(ii) Four thousand dollars ($4,000) for a full school 30
year agreement. 31
(B) The division shall reimburse the host school district 32
for the amount of bonus paid to the traveling teacher; and 33
(2)(A) The host school district shall reimburse the traveling 34
teacher for expenses related to travel to and from a receiving school 35
district at the appropriate state rate of reimbursement in existence and 36 SB246
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approved by the Department of Finance and Administration for the school year 1
in which the traveling teacher's services are provided. 2
(B) The division shall reimburse the host school district 3
for the amount of travel reimbursement paid by the host school district to 4
the traveling teacher. 5
(d) Neither the division nor the State of Arkansas shall be obligated 6
or liable to reimburse any bonus or travel expenses incurred under an 7
agreement for traveling teacher services under this section if the division 8
has not reviewed and approved the entire agreement. 9
(e) The division may, if feasible and if funding is available, 10
establish an online registry of public school teachers willing to enter into 11
an agreement for traveling teacher services under this section with 12
information concerning the teacher's employing school district and any course 13
the teacher is qualified to teach. 14
(f)(1) All proposed agreements among a host school district, a 15
receiving school district, and a traveling teacher shall be submitted to the 16
division by a date certain for review and approval by the division. 17
(2) The division shall review each agreement with all requisite 18
authority to approve or deny the agreement based on the provisions of law, 19
rule, availability of funding, and discretionary determination as to the best 20
use of state resources and funding. 21
(3) The division shall endeavor to consider approval of an 22
agreement to: 23
(A) Place a traveling teacher with a receiving school 24
district to maximize the efficiency of the traveling teacher's service to 25
both the host and receiving school districts; and 26
(B) Minimize the extent and duration of any travel 27
required. 28
(g)(1) The division shall establish any rules and agreement forms 29
necessary for the administration of the Arkansas Traveling Teacher Program. 30
(2) In establishing the rules, the division shall: 31
(A) Prioritize the approval of agreements for traveling 32
teacher services based on subject -area course needs; 33
(B) Establish appropriate travel limitations; 34
(C) Develop a method of equitable distribution of 35
traveling teachers among the area's education service cooperatives; and 36 SB246
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(D) Provide a means by which education service 1
cooperatives may assist in facilitating traveling teachers. 2
(h) No provision of this section is intended or should be interpreted 3
to waive any immunity or defense of the State of Arkansas or its various 4
agencies, boards, or commissions and no person shall be deemed to have any 5
legal entitlement, recourse, or cause of action against the State of Arkansas 6
or its various agencies, boards, or commissions based on the terms, 7
conditions, or provisions of this section. 8
(i) [Repealed.] 9
10
SECTION 8. Arkansas Code § 6 -15-202 is amended to read as follows: 11
6-15-202. Accreditation — Development of rules, criteria, and 12
standards. 13
(a)(1) The State Board of Education is authorized and directed to 14
develop comprehensive rules, criteria, and standards to be used by the state 15
board and the Division of Elementary and Secondary Education in the 16
accreditation of school programs in elementary and secondary public schools 17
in this state. 18
(2) In its rules, criteria, and standards promulgated under this 19
subchapter, the state board shall include a provision regarding the 20
attainment of unitary status for school districts that have not been released 21
from court supervision over desegregation obligations. 22
(b)(1) All public schools and school districts shall meet the 23
Standards for Accreditation of Arkansas Public Schools and School Districts 24
that shall be adopted by the state board. 25
(2)(A) Except as provided under subdivisions (b)(2)(B) -(E) of 26
this section, upon Upon a showing of just cause, the state board may grant a 27
waiver of any standard for accreditation for a time period of no longer than 28
one (1) school year, except that no curriculum, student performance, school 29
performance, or any standard required by law may be waived for any time 30
period. 31
(B) The state board may grant a waiver of a standard for 32
accreditation for a time period of longer than one (1) school year to a 33
school district for the purpose of combining or embedding the curriculum 34
frameworks from two (2) separate courses into one (1) combined or embedded 35
course if: 36 SB246
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(i) The school district timely makes an application 1
for approval of the combined or embedded course to the division under the 2
rules adopted by the state board; 3
(ii) The school district certifies in writing to the 4
state board that all of the curriculum frameworks for the two (2) separate 5
courses will be fully taught in the proposed combined or embedded course; 6
(iii) The division verifies in writing to the state 7
board that all of the curriculum frameworks for the two (2) separate courses 8
are included in the proposed combined or embedded course; and 9
(iv) The proposed combined or embedded course meets 10
all requirements for course approval under the rules adopted by the state 11
board. 12
(C) The state board shall grant a waiver of a standard 13
only for accreditation for proposed combined or embedded courses in grades 14
five through twelve (5 -12). 15
(D) If the state board subsequently revises the curriculum 16
frameworks for either of the separate courses that are combined or embedded 17
into a single course, a school district must submit a new waiver request for 18
a combined or embedded course as set forth in subdivisions (b)(2)(B) and (C) 19
of this section. 20
(E) It is a violation of the Standards for Accreditation 21
of Arkansas Public Schools and School Districts for a school to fail to teach 22
the curriculum frameworks for each separate course that is combined or 23
embedded into a single course. 24
(F) The state board shall promulgate rules necessary to 25
administer subdivisions subdivision (b)(2)(B)-(E)(A) of this section. 26
(3) A school district is deemed to have failed to meet the 27
Standards for Accreditation of Arkansas Public Schools and School Districts 28
if on any standard applicable to the general operation of a school district 29
as defined by the state board the school district receives a probationary 30
status. 31
(4) A school is deemed to have failed to meet the Standards for 32
Accreditation of Arkansas Public Schools and School Districts if on any 33
standard applicable to the specific operation of that school as defined by 34
the state board the school receives a probationary status. 35
(c) The state board shall promulgate rules setting forth: 36 SB246
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(1) The process for identifying schools and school districts 1
that fail to meet the Standards for Accreditation of Arkansas Public Schools 2
and School Districts; 3
(2) Enforcement measures the state board may apply to bring a 4
school or school district into compliance with the Standards for 5
Accreditation of Arkansas Public Schools and School Districts, including, but 6
not limited to, annexation, consolidation, or reconstitution of the school 7
district in accordance with § 6 -13-1401 et seq. and this subchapter; and 8
(3) The appeal process available to a school district under this 9
subchapter. 10
(d) After the rules are adopted and implemented by the state board, 11
standards and procedures shall regularly be reviewed by the House Committee 12
on Education and the Senate Committee on Education at least one (1) time 13
every two (2) years, and recommendations and advice may be filed by the House 14
Committee on Education and the Senate Committee on Education with the state 15
board for its consideration. 16
(e)(1) The division shall conduct a Standards for Accreditation of 17
Arkansas Public Schools and School Districts review for each public school or 18
public school district in the state: 19
(A) Identified as being at a high risk of failing to meet 20
the Standards for Accreditation of Arkansas Public Schools and School 21
Districts; or 22
(B) Whenever the division or state board deems necessary. 23
(2) The review under subdivision (e)(1) of this section may be 24
conducted on-site at the public school or public school district. 25
(f) The Commissioner of Elementary and Secondary Education may require 26
that the superintendent of each school district file a written statement with 27
the division as evidence that the school district for which the 28
superintendent is responsible has complied with any or all of the following 29
statutory requirements: 30
(1) Section 6-10-111(d)-(f) concerning the Equity Assistance 31
Center; 32
(2) Section 6-11-129(a)(1) concerning data to be accessible on 33
the district's website; 34
(3) Section 6-13-109 concerning employment of a school 35
superintendent; 36 SB246
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(4) Section 6-13-620 concerning powers and duties of the local 1
school district board of directors; 2
(5) Section 6-13-801 et seq. concerning educational compacts; 3
(6) Section 6-15-202(b)(1) concerning accreditation; 4
(7) Section 6-15-2901 et seq. concerning the Arkansas 5
Educational Support and Accountability Act; 6
(8) Section 6-15-502 concerning home schools; 7
(9) Section 6-15-902 concerning grading scale; 8
(10) Section 6-15-1004 concerning qualified teachers; 9
(11) Section 6-15-1101(b) concerning diplomas; 10
(12) Section 6-15-1402 concerning the school performance report; 11
(13) Section 6-15-1603 concerning closing the achievement gap; 12
(14) Section 6-15-1701 et seq. concerning a parental involvement 13
plan; 14
(15) Section 6-16-102 concerning school day; 15
(16) Section 6-16-103 concerning course of study generally; 16
(17) Section 6-16-124 concerning Arkansas history; 17
(18) Section 6-16-126 concerning food handling safety; 18
(19) Section 6-16-130 concerning visual art and music; 19
(20) Section 6-16-132 concerning physical education; 20
(21) Section 6-16-1201 et seq. and § 6-5-1201 et seq. concerning 21
advanced placement and concurrent enrollment accelerated learning ; 22
(22) Section 6-17-102 concerning emergency first aid personnel; 23
(23) Section 6-17-201 concerning personnel policies; 24
(24) Section 6-17-309 concerning licensure; 25
(25) Section 6-17-401 et seq. concerning teacher's license 26
requirement; 27
(26) Section 6-17-2301 concerning establishment of personnel 28
policies; 29
(27) Section 6-17-2403 concerning teacher compensation; 30
(28) Section 6-18-101 concerning qualifications for 31
valedictorian and salutatorian, if applicable; 32
(29) Section 6-18-201 et seq. concerning compulsory attendance; 33
(30) Section 6-18-202 concerning age and residence for attending 34
public schools; 35
(31) Section 6-18-207 concerning minimum age for enrollment in 36 SB246
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public school; 1
(32) Section 6-18-213 concerning attendance records and reports 2
generally; 3
(33) Section 6-18-223 concerning credit for college courses; 4
(34) Section 6-18-501 et seq. concerning guidelines for 5
development of school district student discipline policies and written 6
student discipline policies; 7
(35) Section 6-48-101 et seq. concerning alternative learning 8
environments; 9
(36) Section 6-48-103 concerning assessment and intervention in 10
alternative learning environments; 11
(37) Section 6-18-701 et seq. concerning physical examinations; 12
(38) Section 6-18-2003 concerning a comprehensive school 13
counseling program; 14
(39) Section 6-19-101 et seq. concerning transportation; 15
(40) Section 6-20-2202 concerning the budget and expenditure 16
report; 17
(41) Section 6-21-106 concerning fire hazards inspection before 18
closing for breaks; 19
(42) Section 6-21-112 concerning school facilities; 20
(43) Section 6-25-101 et seq. concerning public school library 21
media and technology; 22
(44) Section 6-41-101 et seq. concerning services to children 23
with disabilities in nonpublic schools; 24
(45) Section 6-42-101 et seq. concerning gifted and talented 25
children; 26
(46) Section 6-17-2803(7) and rules promulgated by the state 27
board concerning the required training and credentialing of evaluators under 28
the Teacher Excellence and Support System, § 6 -17-2801 et seq.; and 29
(47) Any other statutory mandate for school districts identified 30
by the division as relevant to the Standards for Accreditation of Arkansas 31
Public Schools and School Districts. 32
(g) In addition to any written statement of assurance required under 33
subsection (f) of this section, the division may conduct an on -site review of 34
a school district to confirm that a school district has complied with any 35
statutory requirements listed in subsection (f) of this section or any other 36 SB246
20 02/17/2025 4:15:52 PM CRH173
matter related to the Standards for Accreditation of Arkansas Public Schools 1
and School Districts. 2
(h) The division shall establish a form for the written statement of 3
assurance required under subsection (f) of this section and shall establish a 4
date or dates by which school districts shall submit the written statement of 5
assurance required under subsection (f) of this section. 6
(i) If any superintendent fails to file a written statement of 7
assurance as required by the commissioner under subsection (f) of this 8
section by the date established by the division or knowingly submits false 9
information or if the division determines the information in the statement is 10
inaccurate or incomplete, the division may: 11
(1) Conduct a random on -site visit; 12
(2) Request additional information from the school district; 13
(3) Take licensure action on the license of the superintendent 14
under the procedure of § 6 -17-410; or 15
(4) Find the school or school district in citation or 16
probationary violation of the Standards for Accreditation of Arkansas Public 17
Schools and School Districts. 18
19
SECTION 9. Arkansas Code § 6 -15-214 is amended to read as follows: 20
6-15-214. Advanced placement Accelerated learning course counted as 21
core curriculum course taught. 22
(a) The purpose of this section is to assist small, rural public 23
schools in providing students access to the most rigorous courses available 24
if it is the desire of students to take advanced placement accelerated 25
learning courses in the place of regular courses and, in doing so, to meet 26
the requirements of the Standards for Accreditation of Arkansas Public 27
Schools and School Districts. 28
(b)(1) The Division of Elementary and Secondary Education acknowledges 29
that the rigor and level of difficulty of advanced placement accelerated 30
learning courses exceed the requirements of regular courses. 31
(2) Such rigor and level of difficulty are validated through the 32
required advanced placement audit and advanced placement examinations All 33
accelerated learning courses shall meet the approved program requirements . 34
(3) The State Board of Education may deny courses that do not 35
meet the approved program requirements. 36 SB246
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(c) The State Board of Education state board shall consider an 1
advanced placement accelerated learning course as being taught for one (1) of 2
the required courses under the Standards for Accreditation of Arkansas Public 3
Schools and School Districts if: 4
(1) The public school district has a qualified teacher for the 5
required course; 6
(2) No students enrolled in the required course; 7
(3) An advanced placement accelerated learning course in the 8
same subject area as the required course has students enrolled in the 9
advanced placement accelerated learning course; 10
(4) The public school district teaches all other courses 11
required by the Standards for Accreditation of Arkansas Public Schools and 12
School Districts; and 13
(5)(A) The public school district teaches the required course to 14
any student who enrolls in the public school district after the school year 15
begins. 16
(B) The public school district may teach the required 17
course to a new student: 18
(i) In a traditional classroom setting; 19
(ii) Through distance learning with a qualified 20
teacher; or 21
(iii) By modifying the advanced placement accelerated 22
learning course on an individual level to accommodate the new student. 23
(d)(1) The public school district shall notify the division after 24
registration in the spring before the beginning of the new school year and 25
immediately after the school year begins if no students enrolled in the 26
required course and the public school district will seek to meet the 27
Standards for Accreditation of Arkansas Public Schools and School Districts 28
using the advanced placement accelerated learning course. 29
(2) Upon receiving the public school district notification and 30
after spring registration, the division shall permit the public school 31
district to meet the Standards for Accreditation of Arkansas Public Schools 32
and School Districts by teaching the advanced placement accelerated learning 33
course in place of the required course. 34
(e) If a new student enrolls in the required course, the public school 35
district shall immediately notify the division. 36 SB246
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(f) The division shall establish procedures to ensure that no student 1
is coerced into taking an advanced placement accelerated learning course for 2
the purpose of meeting the Standards for Accreditation of Arkansas Public 3
Schools and School Districts. 4
5
SECTION 10. Arkansas Code § 6 -15-215 is repealed. 6
6-15-215. The Arkansas Smart Core Incentive Funding Program — 7
Definitions. 8
(a) The General Assembly finds that: 9
(1) The skills and knowledge gained through Arkansas's Smart 10
Core curriculum provide the academic foundation required for high school 11
graduates to succeed in their first year of college or in a job that promises 12
a well-paying career track; and 13
(2) School districts should encourage all students who are 14
capable of completing the Smart Core curriculum to do so. 15
(b) As used in this section: 16
(1) “Eligible high school” means each public high school in a 17
school district that meets the criteria to receive incentive funding under 18
subsection (f) of this section and the program rules adopted under this 19
section by the State Board of Education; 20
(2) “Smart Core” means the curriculum established by the 21
Division of Elementary and Secondary Education under the Standards for 22
Accreditation of Arkansas Public Schools and School Districts that is part of 23
Smart Future, a state initiative focused on improving Arkansas public high 24
schools for all students; and 25
(3) “Smart Core graduate” means a student who graduated from an 26
Arkansas public high school after having successfully completed the Smart 27
Core curriculum. 28
(c) The Arkansas Smart Core Incentive Funding Program is established 29
to provide a financial incentive to: 30
(1) Assist with a public high school's efforts to encourage 31
public high school students to complete the Smart Core curriculum; 32
(2) Promote programs that contribute to student success, 33
including without limitation: 34
(A) Tutoring; 35
(B) Quality after-school and summer programs that may 36 SB246
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include literacy, math, and science specialists in elementary school; and 1
(C) Professional development for mathematics, science, 2
literacy, foreign language, and Advanced Placement instruction; and 3
(3) Provide support to school counselors to improve student 4
services. 5
(d)(1)(A) A school district that receives incentive funding under this 6
section shall provide the incentive funding to each eligible high school in 7
the school district. 8
(B) The eligible high school shall spend the incentive 9
funding only for the purposes identified in subsection (c) of this section. 10
(2) A school district that receives incentive funding under the 11
program shall not use the incentive funding to provide increases to the 12
salary schedule of the school district. 13
(e)(1) Subject to an appropriation and available funding for the 14
program, the division shall pay incentive funding to a school district under 15
this section based on an annual percentage of Smart Core graduates from a 16
public high school in the school district. 17
(2)(A) The division shall make the calculation based on a 18
student record analysis conducted annually by the division beginning with the 19
graduating class of 2010. 20
(B) The division shall exclude from the student record 21
analysis a student with an individualized education program that does not 22
require the student to complete the Smart Core curriculum. 23
(f)(1) By June 30 of each year, the division shall pay to a school 24
district incentive funding under the program as follows: 25
(A) If one hundred percent (100%) of a public high 26
school's graduates in the immediately preceding school year completed the 27
Smart Core curriculum, the school district where the public high school is 28
located shall receive one hundred twenty -five dollars ($125) per Smart Core 29
graduate; 30
(B) If at least ninety -five percent (95%) but less than 31
one hundred percent (100%) of a public high school's graduates in the 32
immediately preceding school year completed the Smart Core curriculum, the 33
school district where the public high school is located shall receive one 34
hundred dollars ($100) per Smart Core graduate; and 35
(C) If at least ninety percent (90%) but less than ninety -36 SB246
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five percent (95%) of a public high school's graduates in the immediately 1
preceding school year completed the Smart Core curriculum, the school 2
district where the public high school is located shall receive fifty dollars 3
($50.00) per Smart Core graduate. 4
(2) The division shall not pay incentive funding to a school 5
district for a public high school in which less than ninety percent (90%) of 6
its graduates complete the Smart Core curriculum. 7
(3) If a public high school's graduation rate falls below the 8
average graduation rate for the public high school for the previous three (3) 9
school years, the school district is not eligible to receive the full 10
incentive award under the program for the public high school. 11
(g) Participation in the program is voluntary. 12
(h) This section is effective from July 1, 2009, through June 30, 13
2020. 14
15
SECTION 11. Arkansas Code §§ 6 -15-901 and 6-15-902 are amended to read 16
as follows: 17
6-15-901. Definition. 18
For the purposes of this subchapter, “ advanced placement course 19
accelerated learning ” means a course of instruction that qualifies for 20
college credit and that is approved for credit as a high school course by the 21
State Board of Education an organized method of learning that enables a 22
student to meet individual academic goals and graduation requirements while 23
pursuing higher levels of skill development, including without limitation the 24
following coursework: 25
(1) A College Board pre -Advanced Placement and Advanced 26
Placement course; 27
(2) An International Baccalaureate Diploma Programme course; 28
(3) A Cambridge Advanced International Certificate of Education 29
course; 30
(4) A concurrent credit course; and 31
(5) A substantively similar course or program approved by the 32
Division of Elementary and Secondary Education . 33
34
6-15-902. Grading scale — Exemptions — Special education classes. 35
(a) The following grading scale shall be used by all public secondary 36 SB246
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schools in the state for all courses, except Advanced Placement accelerated 1
learning courses, and approved courses for weighted credit , and courses 2
offered under the International Baccalaureate Diploma Programme : 3
(1) A = 90-100; 4
(2) B = 80-89; 5
(3) C = 70-79; 6
(4) D = 60-69; and 7
(5) F = 59 and below. 8
(b)(1) Each letter grade shall be given a numeric value for the 9
purpose of determining grade average. 10
(2) Except for Advanced Placement accelerated learning courses, 11
and approved courses for weighted credit , courses offered under the 12
International Baccalaureate Diploma Programme, and honors courses , the 13
numeric value for each letter grade shall be: 14
(A) A = 4 points; 15
(B) B = 3 points; 16
(C) C = 2 points; 17
(D) D = 1 point; and 18
(E) F = 0 points. 19
(c)(1) The State Board of Education shall promulgate rules for 20
accelerated learning and approved courses for weighted credit that address 21
the following: 22
(A) Adopt appropriate equivalents for advanced placement 23
and college courses; and 24
(B) Recommend a uniform grading structure for honors 25
courses. 26
(2) Weighted credit shall be allowed for advanced placement 27
courses and courses offered under the International Baccalaureate Diploma 28
Programme if: 29
(A) The student takes the entire Advanced Placement course 30
or the entire course offered in the International Baccalaureate Diploma 31
Programme in a particular subject; 32
(B) The student completes the applicable test offered by 33
the College Board for advanced placement courses at the end of the advanced 34
placement course or the applicable test offered by the International 35
Baccalaureate at the time prescribed by the organization; and 36 SB246
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(C)(i) A teacher of an advanced placement course meets 1
Arkansas teacher licensure requirements and: 2
(a) Attends at least one (1) of the following 3
trainings no less than one (1) time every five (5) years: 4
(1) College Board Advanced Placement 5
Summer Institute; 6
(2) College Board-endorsed training; or 7
(3) Other similarly rigorous training 8
approved by the Division of Elementary and Secondary Education; or 9
(b) Completes an additional training plan for 10
Advanced Placement within three (3) years of commencing the additional 11
training plan; or 12
(ii) A teacher of a course offered under the 13
International Baccalaureate Diploma Programme meets Arkansas teacher 14
licensure requirements and attends the training required by the International 15
Baccalaureate Standards; 16
(B) Grading scales; 17
(C) A numeric value for the purpose of determining grade 18
average; and 19
(D) Weight given to the numeric value as provided in 20
subdivision (b)(2) of this section . 21
(3)(2) The Division of Elementary and Secondary Education may 22
shall approve a course for weighted credit if the course: 23
(A) Exceeds the curriculum standards for a nonweighted 24
credit class; or 25
(B) Meets or exceeds the standards of a comparable 26
advanced placement class accelerated learning course; or 27
(C) Is identified by the Division of Elementary and 28
Secondary Education as an honors class . 29
(4)(A)(3)(A) The Division of Elementary and Secondary Education 30
in collaboration with the Division of Career and Technical Education may 31
approve a career and technical course within an approved career and technical 32
pathway for weighted credit if the course: 33
(i) Exceeds the curriculum standards for a 34
nonweighted class; and 35
(ii) Leads to an approved industry -recognized 36 SB246
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certification or concurrent credit . 1
(B) The Division of Career and Technical Education shall: 2
(i) Review new and existing career and technical 3
pathways to determine which courses within the career and technical pathways 4
meet criteria for weighted credit; and 5
(ii) Publish a list of approved career and technical 6
pathways annually by January 1. 7
(C) Criteria used to determine what courses within a 8
career and technical pathway shall receive weighted credit shall include 9
without limitation the consideration of career and technical pathways that: 10
(i) Lead to high-value industry credentials; and 11
(ii) Align to state and local workforce data. 12
(D) Weighted credit awarded under subdivision (c)(4)(A) 13
(c)(3)(A) of this section shall be awarded for each course upon: 14
(i) Completing the relevant career and technical 15
pathway; and 16
(ii) Earning the high -value industry credential 17
aligned with the career and technical pathway. 18
(5)(A) A local school district board of directors may adopt a 19
policy to allow high school students in the public school district to take 20
college courses for weighted credit equal to the numeric grade awarded in 21
Advanced Placement courses, courses offered under the International 22
Baccalaureate Diploma Programme, and honors classes. 23
(B)(i) If a local school district board of directors 24
adopts a policy under subdivision (c)(5)(A) of this section, the school 25
district shall apply to the Division of Elementary and Secondary Education 26
for approval. 27
(ii) An application under subdivision (c)(5)(B)(i) of 28
this section shall be reviewed for approval to assign a numeric grade value, 29
which may include weighted credit, based on the following: 30
(a) A letter from the superintendent of the 31
public school district or principal of the public school describing how the 32
course exceeds expectations for coursework required under the Standards for 33
Accreditation of Arkansas Public Schools and School Districts; and 34
(b) The grade level or levels of public school 35
students who will be enrolled in the course. 36 SB246
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(d) A public school district may use the grading scale in this section 1
in the public school district's elementary schools. 2
(e) The Division of Elementary and Secondary Education may promulgate 3
rules to implement this section. 4
5
SECTION 12. Arkansas Code § 6 -15-1004(b)(2)(C), concerning the 6
continuing education and professional development requirement under the 7
Standards for Accreditation of Arkansas Public Schools and School Districts, 8
is amended to read as follows: 9
(C) For purposes of the requirement for continuing 10
education and professional development under this section, each hour of 11
training received by licensed personnel related to teaching an advanced 12
placement class for a subject covered by the College Board and Educational 13
Testing Service accelerated learning course shall be counted as professional 14
development up to a maximum of thirty (30) hours. 15
16
SECTION 13. Arkansas Code § 6 -15-1301(b)(1), concerning the membership 17
of the Safe Schools Committee under the Safe Schools Initiative Act, is 18
amended to read as follows: 19
(b)(1) The Safe Schools Committee shall be composed of the following 20
individuals and stakeholders deemed necessary and appointed by the 21
Commissioner of the Division of Elementary and Secondary Education : 22
(A) One (1) classroom teacher appointed by the Arkansas 23
Education Association; 24
(B) Two (2) school administrators appointed by the 25
Arkansas Association of Educational Administrators; 26
(C) Two (2) school district board members appointed by the 27
Arkansas School Boards Association; 28
(D) A staff member of the division appointed by the 29
Commissioner of Elementary and Secondary Education; 30
(E) A school safety specialist, employed by an Arkansas 31
school district, appointed by the commissioner; 32
(F) One (1) school counselor appointed by the Arkansas 33
Counseling Association; 34
(G) The Director of the Criminal Justice Institute and of 35
the Arkansas Center for School Safety, or his or her designee; 36 SB246
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(H) One (1) classroom teacher appointed by the Arkansas 1
State Teachers Association; 2
(I) The Director of the Division of Emergency Management, 3
or his or her designee; 4
(J) The Executive Director of the Arkansas Public School 5
Resource Center, Inc., or his or her designee; 6
(K) A chief of police or a sheriff appointed by the 7
commissioner; 8
(L) The Executive Director of the Arkansas Rural Ed 9
Association, or his or her designee; 10
(M) The State Fire Marshal, or his or her designee; 11
(N) One (1) school psychologist appointed by the Arkansas 12
School Psychology Association; and 13
(O) One (1) director of an Arkansas education service 14
cooperative appointed by the commissioner . 15
16
SECTION 14. Arkansas Code § 6 -15-1303(d)(3)(A), concerning the 17
provision of training and technical assistance under the Safe Schools 18
Initiative Act, is amended to read as follows: 19
(3)(A) The Arkansas Center for School Safety of the Criminal Justice 20
Institute shall be the state school safety clearinghouse and shall 21
collaborate with the following entities to provide a comprehensive, 22
efficient, and effective resource for education and law enforcement personnel 23
to obtain training and technical assistance to meet the school safety needs 24
of students in this state: 25
(i) The Division of Elementary and Secondary 26
Education; 27
(ii) The Safe Schools Committee established under 28
this subchapter; and 29
(iii) The Arkansas Association of Educational 30
Administrators; 31
(iv) The Arkansas School Boards Association; 32
(v) Education service cooperatives; 33
(vi) The Division of Emergency Management; 34
(vii) The Arkansas Public School Resource Center, 35
Inc.; and 36 SB246
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(viii) Other key stakeholders . 1
2
SECTION 15. Arkansas Code Title 6, Chapter 15, Subchapter 21, is 3
amended to add an additional section to read as follows: 4
6-15-2102. Definition. 5
As used in this subchapter, "school" includes a public school within a 6
traditional public school district and an open -enrollment public charter 7
school. 8
9
SECTION 16. Arkansas Code § 6 -15-2108 is amended to read as follows: 10
6-15-2108. School rating system. 11
(a) The school rating system shall be a multiple -measures approach 12
that shall include without limitation: 13
(1) Academic achievement on the annual statewide student 14
assessment; 15
(2) Student growth on the annual statewide student assessment; 16
and 17
(3) School-level graduation rate or rates ; and 18
(4) English-learner progress or growth in acquiring English . 19
(b) The school rating system shall consider without limitation at 20
least one (1) or more of the following indicators: 21
(1) Closing the achievement gap; 22
(2) Academic growth of student subgroups, including without 23
limitation economically disadvantaged students, students from major racial 24
and ethnic groups, English learners, and students with disabilities; 25
(3) The percentage of the grade nine (9) cohort with on -time 26
completion of credit attainment at the end of grade nine (9); 27
(4) Equity in resource allocation; 28
(5) The percentage of students who earn: 29
(A) Advanced placement credit; 30
(B) Concurrent credit; 31
(C) International Baccalaureate credit; or 32
(D) Industry-recognized certification that leads to 33
articulated or concurrent credit at a postsecondary institution; 34
(6) Student access to multiple flexible learning continua, 35
including but not limited to personalized, competency, or mastery learning; 36 SB246
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(7) Student access to preschool offered by the public school 1
district; 2
(8) The proportional percentage of qualified educators who hold 3
a National Board for Professional Teaching Standards certification or have an 4
advanced degree beyond their bachelor's degree; and 5
(9) Public school district and community partnerships. 6
(c)(b) Indicators included or considered as part of the school rating 7
system shall: 8
(1) Allow for meaningful differentiation in school performance; 9
and 10
(2) Be valid, reliable, comparable, and applicable statewide. 11
(d)(c) The Division of Elementary and Secondary Education shall : 12
(1) promulgate Promulgate rules to implement this section ; and 13
(2) Develop a formula to determine a letter grade under § 6 -15-14
2105 for the following without limitation: 15
(A) A public school district; and 16
(B) An education service cooperative . 17
18
SECTION 17. Arkansas Code § 6 -16-140(a), concerning a certificate of 19
attainment awarded to a student completing an approved vocational or 20
technical career pathway or program of study at a public high school, is 21
amended to read as follows: 22
(a) A student who successfully completes an approved vocational or 23
technical career pathway or program of study at a public high school shall be 24
awarded a certificate of attainment that shall be: 25
(1) Aligned in the appropriate career pathway or program of 26
study; and 27
(2) Used for consideration of acceptance and advanced priority 28
placement into an apprenticeship training program. 29
30
SECTION 18. Arkansas Code § 6 -16-148(a)(1), concerning the foundation 31
of certain social studies or history courses offered in grades seven through 32
twelve (7-12), is amended to read as follows: 33
(1) A social studies or history course conditioned upon 34
knowledge of historical events from the colonial period to modern times of 35
United States history for which graduation credit is or may be received, 36 SB246
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except for advanced placement program-specific accelerated learning courses 1
approved by the Division of Elementary and Secondary Education ; 2
3
SECTION 19. Arkansas Code Title 6, Chapter 16, Subchapter 8, is 4
repealed. 5
Subchapter 8 — Arkansas Advanced Placement and International Baccalaureate 6
Diploma Incentive Program Act of 1995 7
6-16-801. Title. 8
This subchapter shall be known as and may be cited as the “Arkansas 9
Advanced Placement and International Baccalaureate Diploma Incentive Program 10
Act of 1995”. 11
12
6-16-802. Purpose. 13
(a) The purpose of this subchapter is to serve as a legislative 14
charter for the establishment, organization, and administration of a program 15
designed to improve the course offerings available to middle school, junior 16
high school, and high school students throughout the state. 17
(b) The program established under this subchapter will provide 18
advanced educational courses that are easily accessible and that will prepare 19
students for admission to and success in a postsecondary educational 20
environment. 21
(c) A key component in the program is adequately preparing teachers 22
and schools in providing advanced placement courses or courses offered under 23
the International Baccalaureate Diploma Programme to their students. 24
25
6-16-803. Definitions. 26
As used in this subchapter: 27
(1) “Advanced placement course” means a high school level 28
preparatory course for a college advanced placement test that incorporates 29
all topics specified by the College Board and Educational Testing Service on 30
its standard syllabus for a given subject area and is approved by the College 31
Board and Educational Testing Service; 32
(2) “College advanced placement test” means the advanced 33
placement test administered by the College Board and Educational Testing 34
Service; 35
(3) “College Board” means the College Board and Educational 36 SB246
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Testing Service; 1
(4) “International Baccalaureate Diploma Programme” means an 2
international education program offered by the International Baccalaureate; 3
(5) “Preadvanced placement course” means a middle school, junior 4
high school, or high school level course that specifically prepares students 5
to enroll and participate in an advanced placement course; 6
(6) “Program” means the Arkansas Advanced Placement and 7
International Baccalaureate Diploma Incentive Program; and 8
(7) “State board” means the State Board of Education. 9
10
6-16-804. Established — Subsidies — Rules. 11
(a) The Arkansas Advanced Placement and International Baccalaureate 12
Diploma Incentive Program is hereby established, to be administered by the 13
Commissioner of Elementary and Secondary Education. 14
(b) Contingent upon legislative appropriations and based on criteria 15
established by the Division of Elementary and Secondary Education, schools 16
participating in the program may be awarded a one -time equipment and 17
instructional materials grant for providing an advanced placement course or a 18
course offered under the International Baccalaureate Diploma Programme. 19
(c) Subject to legislative appropriations, a teacher participating in 20
the advanced placement program, in the International Baccalaureate Diploma 21
Programme, or in the preadvanced placement program may be awarded subsidized 22
teacher training for advanced placement courses at a cost not to exceed six 23
hundred fifty dollars ($650) per teacher. 24
(d)(1) Contingent upon legislative appropriation and the availability 25
of funding, the state may pay in full, or on a pro rata basis as determined 26
under subdivision (d)(2) of this section, the cost of the advanced placement 27
test fee or the equivalent test fee under the International Baccalaureate 28
Diploma Programme, or both. 29
(2) The State Board of Education may create a sliding scale 30
based on family income. 31
(e) The state board is authorized to promulgate rules necessary to 32
implement this subchapter. 33
34
6-16-805. Funding. 35
(a) The awards granted under the provisions of this subchapter for 36 SB246
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both advanced placement and the International Baccalaureate Diploma Programme 1
may be funded by donations, grants, or legislative appropriation. 2
(b) All donations, grants, and appropriations received shall be 3
accounted for by the Division of Elementary and Secondary Education. 4
(c) The Commissioner of Elementary and Secondary Education may solicit 5
and receive donations and grants for the purpose of making awards. 6
7
6-16-806. Treatment as advanced placement course. 8
Any high school course offered under the International Baccalaureate 9
Diploma Programme shall be treated the same as an advanced placement course, 10
including for the following purposes: 11
(1) Weighted credit; 12
(2) The Arkansas Advanced Placement and International 13
Baccalaureate Diploma Incentive Program Act of 1995, § 6 -16-801 et seq.; and 14
(3) Reporting requirements. 15
16
SECTION 20. Arkansas Code §§ 6 -16-1202 through 6-16-1204 are amended 17
to read as follows: 18
6-16-1202. Definitions. 19
As used in this subchapter: 20
(1) “Advanced Placement course” means a high school level 21
preparatory course for a college Advanced Placement test that: 22
(A) Incorporates all topics specified by the College Board 23
and Educational Testing Service on its standards syllabus for a given subject 24
area; and 25
(B) Is approved by the College Board and Educational 26
Testing Service; 27
(2) “Endorsed concurrent enrollment course” means a college -28
level course offered by an institution of higher education in this state that 29
upon completion would qualify for academic credit in both the institution of 30
higher education and a public high school that: 31
(A) Is in one (1) of the four (4) core areas of math, 32
English, science, and social studies; 33
(B) Meets the requirements of § 6 -16-1204(b); and 34
(C) Is listed in the Arkansas Course Transfer System of 35
the Division of Higher Education; 36 SB246
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(3) “Pre-Advanced Placement course” means a middle school, 1
junior high school, or high school level course that specifically prepares 2
students to enroll and to participate in an advanced placement course; and 3
(4) “Vertical team” means a group of educators from different 4
grade levels in a given discipline who work cooperatively to develop and 5
implement a vertically aligned program aimed at helping students from diverse 6
backgrounds acquire the academic skills necessary for success in the Advanced 7
Placement program and other challenging coursework "Accelerated learning" 8
means an organized method of learning that enables students to meet 9
individual academic goals and graduation requirements while pursuing higher 10
levels of skill development, including without limitation the following 11
coursework: 12
(A) A College Board pre -Advanced Placement and Advanced 13
Placement course; 14
(B) An International Baccalaureate Diploma Programme 15
course; 16
(C) A Cambridge Advanced International Certificate of 17
Education course; 18
(D) A concurrent credit course; and 19
(E) A substantively similar course or program approved by 20
the Division of Elementary and Secondary Education; and 21
(2) "Concurrent credit course" means a college -level course offered by 22
an institution of higher education in this state that upon completion would 23
qualify for academic credit in both the institution of higher education and a 24
public high school. 25
26
6-16-1203. Teacher skills and training. 27
(a)(1) A teacher of an Advanced Placement course must obtain 28
appropriate training. 29
(2) The State Board of Education shall establish clear, 30
specific, and challenging training guidelines that require teachers of 31
College Board advanced placement courses and teachers of pre -Advanced 32
Placement courses to obtain College Board sponsored or endorsed training. 33
(3) The training may include vertical team training. 34
(b)(a) An instructor of an endorsed concurrent enrollment an 35
accelerated learning or concurrent credit course shall have meet the 36 SB246
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requirements of the: 1
(1) Institution of higher education that is offering the course; 2
or 3
(2) Accrediting organization authorized under § 6 -16-1202: 4
(1)(A) No less than a master's degree that includes at least 5
eighteen (18) hours of completed course work in the subject area of the 6
endorsed concurrent enrollment course . 7
(B)(b)(1) The An instructor's credentials shall be 8
approved by the academic unit or chief academic officer of the institution of 9
higher education offering the endorsed concurrent credit enrollment course; 10
and. 11
(2) The relevant credentials and experience necessary to teach 12
from the syllabus approved by the institution of higher education granting 13
the course credit. 14
15
6-16-1204. Implementation. 16
(a)(1) In order to prepare students for the rigor inherent in Advanced 17
Placement courses, school districts shall offer pre -Advanced Placement 18
courses to prepare students for the demands of Advanced Placement coursework. 19
(2) The Division of Elementary and Secondary Education shall 20
approve all classes designated as pre -Advanced Placement courses. 21
(b) An endorsed A concurrent credit enrollment course must meet the 22
following requirements: 23
(1) The course must be a course offered by an institution of 24
higher education in this state that is: 25
(A) Approved through the institution of higher education's 26
normal process; and 27
(B) Listed in the institution of higher education's 28
catalog; 29
(2) The course content and instruction must meet the same 30
standards and adopt the same learning outcomes as those developed for a 31
course taught on the campus of the institution of higher education, including 32
without limitation: 33
(A) The administration of any departmental exams 34
applicable to the course; and 35
(B) The use of substantially the same book and syllabus as 36 SB246
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is used at the college level; 1
(3) The course must be taught by an instructor with the 2
qualifications required under § 6-16-1203(b) § 6-16-1203; 3
(4) The institution of higher education offering the course 4
must: 5
(A) Provide to the course instructor staff development, 6
supervision, and evaluation; and 7
(B)(i) Provide the students enrolled in the course with: 8
(a) Academic guidance counseling; and 9
(b) The opportunity to utilize the on -campus 10
library or other academic resources of the institution of higher education. 11
(ii) Nothing in this This subdivision (b)(4) (a)(4) 12
shall not preclude institutions of higher education from collaborating to 13
meet the requirements of this subdivision (b)(4)(a)(4); 14
(5) To be eligible to enroll in an endorsed a concurrent 15
enrollment credit course, the student must: 16
(A) Be admitted by the institution of higher education as 17
a nondegree or noncertificate -seeking student; and 18
(B) Meet all of the prerequisites for the course in which 19
he or she is enrolled; and 20
(6)(A) Credit for the endorsed concurrent enrollment credit 21
course may only be awarded by the institution of higher education offering 22
the course. 23
(B) Nothing in this This subdivision (b)(6) (a)(6) shall 24
not preclude institutions of higher education from collaborating to provide 25
the course and award course credit. 26
(c)(b) Beginning with the 2008-2009 2025-2026 school year, all public 27
school districts and open-enrollment public charter schools shall offer one 28
(1) College Board Advanced Placement course in each of the four (4) core 29
areas of math, English, science, and social studies for a total of four (4) 30
courses at least four (4) accelerated learning courses that cover the 31
following subject areas: 32
(1) Math; 33
(2) English; 34
(3) Science; and 35
(4) Social studies. 36 SB246
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(d)(1) The requirement under subsection (c) of this section shall be 1
phased in over a period of four (4) years beginning with the 2005 -2006 school 2
year. 3
(2) Beginning with the 2008 -2009 school year, all high schools 4
in Arkansas shall offer a minimum of four (4) Advanced Placement courses by 5
adding at least one (1) core course each year to the list of courses 6
available to high school students. 7
(e)(1)(A) A state-supported two-year or four-year institution of 8
higher education may offer a reduced tuition rate for endorsed concurrent 9
enrollment courses offered by the institution of higher education to high 10
school students under this subchapter. 11
(B) The reduction in tuition under subdivision (e)(1)(A) 12
of this section or any tuition paid by the institution of higher education 13
under subdivision (e)(3)(B) of this section shall not be considered an 14
institutional scholarship. 15
(2) The number of students enrolled and the semester credit 16
hours for endorsed concurrent enrollment courses shall be included in the 17
calculation of full-time-equivalent enrollment for the institution of higher 18
education. 19
(3)(A) A national school lunch student, as defined in § 6 -20-20
2303, shall not be required to pay any of the costs up to a maximum of six 21
(6) credit hours of endorsed concurrent enrollment courses that are taught: 22
(i) On the grounds of the public school district in 23
which the student is enrolled; and 24
(ii) By a teacher employed by the public school 25
district in which the student is enrolled. 26
(B) The costs for endorsed concurrent enrollment courses 27
under subdivision (e)(3)(A) of this section shall be paid: 28
(i) By the public school district in which the 29
student is enrolled; 30
(ii) By the institution of higher education offering 31
the course; or 32
(iii) Through a cost -sharing agreement between the 33
public school district and the institution of higher education. 34
(c)(1) Beginning with the 2025 -2026 school year and each year 35
thereafter, the tuition rate for a concurrent credit course shall: 36 SB246
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(A)(i) For every one (1) academic credit hour provided by 1
an institution of higher education, be equivalent to two and one -half percent 2
(2.5%) of the per-pupil amount each year or be an agreed upon amount not to 3
exceed the equivalent of two and one -half percent (2.5%) of the per pupil 4
amount each year as determined by the foundation funding amount established 5
under § 6-20-2305 that is allotted per student to each public school district 6
in which an eligible student resides. 7
(ii) If a concurrent credit course is taught by a 8
teacher employed by a public school district and the public school district 9
provides all tuition, fees, and course materials, then the tuition rate for 10
every one (1) academic credit hour allotted by the concurrent credit course 11
shall be three-fourths percent (0.75%) of the per -pupil amount each year as 12
determined by the foundation funding amount established under § 6 -20-2305 13
that is allotted per student to each public school district in which an 14
eligible student resides; 15
(B) Apply uniformly to all participating eligible state -16
supported institutions of higher education located in this state; 17
(C) Not exceed the standard tuition rate and fee structure 18
of the institution of higher education providing the concurrent credit 19
course; and 20
(D) Include all tuition, fees, and course materials. 21
(2)(A) An institution of higher education offering the 22
concurrent credit course under this subchapter shall receive funding in the 23
amount of the tuition rate from the student's school in which he or she is 24
enrolled. 25
(B) An institution of higher education shall not receive 26
funding for concurrent credit courses for tuition at secondary vocational 27
centers under § 6-51-301 et seq. if the institution of higher education is 28
already receiving funding designated for vocational center aid. 29
30
SECTION 21. Arkansas Code § 6 -17-309 is amended to read as follows: 31
6-17-309. Licensure — Waiver. 32
(a)(1) A class of students shall not be under the instruction of a 33
teacher who is not licensed to teach the grade level or subject matter of the 34
class for more than sixty (60) consecutive school days in the same class 35
during a school year. 36 SB246
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(2)(b) This subsection Subsection (a) of this section shall not 1
apply to: 2
(A)(1) Nondegreed vocational -technical teachers; 3
(B)(2) Individuals approved by the Division of Elementary 4
and Secondary Education to teach the grade level or subject matter of the 5
class in the Division of Elementary and Secondary Education's distance 6
learning program; 7
(C)(3) Individuals teaching concurrent credit courses or 8
advanced placement accelerated learning courses who: 9
(i)(A) Are employed by a postsecondary institution; 10
(ii)(B) Meet the qualification requirements of a 11
postsecondary institution or the Division of Career and Technical Education; 12
and 13
(iii)(C) Are teaching in a course in which credit is 14
offered by an institution of higher education or a technical institute; 15
(D)(4) Licensed teachers teaching in one (1) of the 16
following settings: 17
(i)(A) An alternative learning environment; 18
(ii)(B) A juvenile detention facility; 19
(iii)(C) A residential and day alcohol, drug, and 20
psychiatric facility program; 21
(iv)(D) An emergency youth shelter; 22
(v)(E) A facility of the Division of Youth Services; 23
or 24
(vi)(F) A facility of the Division of Developmental 25
Disabilities Services; 26
(E)(5) Licensed special education teachers who are 27
teaching two (2) or more core academic subjects exclusively to children with 28
disabilities; or 29
(F)(6) Teachers who are working under an Aspiring Teacher 30
permit for a period of time not to exceed one (1) academic year or two (2) 31
consecutive semesters. 32
(b)(1) If this requirement imposes an undue hardship on a school 33
district, the school district may apply to the State Board of Education for a 34
waiver. 35
(2) The state board shall develop rules for granting a waiver. 36 SB246
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(3) Any school district that obtains a waiver shall send written 1
notice of the assignment to the parent or guardian of each student in the 2
classroom no later than the sixtieth school day after the date of the 3
assignment. 4
(4) [Repealed.] 5
6
SECTION 22. Arkansas Code § 6 -17-709(d), concerning the professional 7
development schedule for licensed educators, is amended to read as follows: 8
(d) The Division of Elementary and Secondary Education shall establish 9
the curriculum under this section in collaboration with educational agencies 10
and associations, including without limitation the: relevant stakeholders. 11
(1) Division of Higher Education; 12
(2) Arkansas Association of Educational Administrators; 13
(3) Arkansas Education Association; 14
(4) Arkansas School Boards Association; 15
(5) Arkansas Association for Supervision and Curriculum 16
Development; 17
(6) Arkansas State Teachers Association; and 18
(7) Arkansas Rural Ed Association. 19
20
SECTION 23. Arkansas Code Title 6, Chapter 18, Subchapter 2, is 21
amended to add an additional section to read as follows: 22
6-18-237. Absences for certain purposes unexcused. 23
(a) A public school district or open-enrollment public charter school 24
shall not grant excused absences for purposes of: 25
(1) Political protest; 26
(2) Social or public policy advocacy; or 27
(3) Attempts to influence legislation or other governmental 28
policy-making at the local, state, or federal level. 29
(b) Academic standards, teaching standards, education standards of any 30
kind, curriculum, teacher professional development, and rules in the public 31
school district or open -enrollment public charter school shall not authorize 32
student walkouts for purposes of: 33
(1) Political protest; 34
(2) Social or public policy advocacy; or 35
(3) Attempts to influence legislation or other governmental 36 SB246
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policy-making at the local, state, or federal level. 1
(c) This section does not prohibit students from attending curricular 2
or cocurricular activities approved by the public school district or open -3
enrollment public charter school for credit. 4
5
SECTION 24. Arkansas Code § 6 -18-1104(b), concerning parental 6
notification and permission related to school fundraising programs, is 7
amended to read as follows: 8
(b) A one-page form for parental notification and permission shall be 9
developed by the Division of Elementary and Secondary Education in 10
cooperation with school administrators and the Arkansas Parent Teacher 11
Association. 12
13
SECTION 25. Arkansas Code § 6 -18-2004(b)(2)(G)(vi), concerning the 14
direct and indirect services offered as comprehensive student services by a 15
school counselor as part of a contributing member of a decision -making team 16
in advanced placement and gifted and talented programs, is amended to read as 17
follows: 18
(vi) Advanced placement Accelerated learning and 19
gifted and talented programs. 20
21
SECTION 26. Arkansas Code § 6 -18-2004(c), concerning administrative 22
activities performed by a school counselor, is amended to read as follows: 23
(c)(1) Administrative activities performed by a school counselor shall 24
not exceed more than ten percent (10%) of the school counselor's time spent 25
working during student contact days. 26
(2) Administrative activities provided by a school counselor in 27
collaboration with other school personnel include without limitation: 28
(A) Coordinating state assessments, cognitive achievement 29
assessments, advanced placement accelerated learning programs, and English 30
language proficiency testing programs; 31
(B) Developing master schedules; 32
(C) Coordinating of: 33
(i) Teams convened under Section 504 of the 34
Rehabilitation Act of 1973, Pub. L. No. 93 -112; 35
(ii) Response-to-intervention teams; 36 SB246
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(iii) English learner programs; 1
(iv) Parental involvement or family engagement 2
programs; 3
(v) Positive behavioral intervention support 4
programs; 5
(vi) Data entry; and 6
(vii) Advanced placement Accelerated learning and 7
gifted and talented programs; and 8
(D) Monitoring students in common areas such as the 9
cafeteria, hallway, playground, and bus lines. 10
11
SECTION 27. Arkansas Code § 6 -20-2203(a)(4), concerning the 12
development by the Division of Elementary and Secondary Education of the 13
Arkansas Financial Accounting Handbook, is amended to read as follows: 14
(4) The rules shall be developed by the state board in 15
cooperation with the division , and representatives from the Arkansas 16
Association of Educational Administrators, the Arkansas Association of School 17
Business Officials, the Arkansas Education Association, the education service 18
cooperatives, and the Legislative Joint Auditing Committee. 19
20
SECTION 28. Arkansas Code § 6 -20-2204(a)(3)(A), concerning required 21
training for public school districts, open -enrollment public charter schools, 22
and education service cooperatives under the Arkansas Educational Financial 23
Accounting and Reporting Act of 2004, is amended to read as follows: 24
(3)(A) The instruction may be provided by an institution of 25
higher education in this state, from instruction sponsored by the division , 26
by an in-service training program conducted by the Arkansas Association of 27
School Business Officials , or from another provider. 28
29
SECTION 29. Arkansas Code § 6 -20-2204(b)(2), concerning required Tier 30
II training for public school districts, open -enrollment public charter 31
schools, and education service cooperatives under the Arkansas Educational 32
Financial Accounting and Reporting Act of 2004, is amended to read as 33
follows: 34
(2) Tier II training shall be developed by the division in 35
cooperation with representatives from the Arkansas Association of Educational 36 SB246
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Administrators, the Arkansas Association of School Business Officials, the 1
Arkansas Education Association, the Legislative Joint Auditing Committee , and 2
the education service cooperatives . 3
4
SECTION 30. Arkansas Code § 6 -20-2207(b)(1), concerning the rules 5
governing the uniform budget and accounting system for school districts, 6
education service cooperatives, and open -enrollment public charter schools, 7
is amended to read as follows: 8
(b)(1)(A) The state board shall amend the rules, and the Division of 9
Elementary and Secondary Education shall amend the Arkansas Financial 10
Accounting Handbook provided in subsection (a) of this section as necessary. 11
(B) The amendments, annual revisions, and financial 12
accounting updates to the Arkansas Financial Accounting Handbook shall be 13
developed with representatives from the Arkansas Association of School 14
Business Officials, the education service cooperatives, and other school 15
district officials as designated by the division. 16
17
SECTION 31. Arkansas Code § 6 -21-113(a), concerning the membership of 18
the Advisory Committee on Public School Academic Facilities, is amended to 19
read as follows: 20
(a) To assist the Division of Public School Academic Facilities and 21
Transportation, there is established the Advisory Committee on Public School 22
Academic Facilities to be composed of the following members who must be 23
willing to devote adequate time to the work of the committee and who reflect 24
the demographics of the state: 25
(1) The Director of the Division of Public School Academic 26
Facilities and Transportation or the director's designee, who shall also 27
serve as secretary to the committee; 28
(2) One (1) person who is a licensed building contractor 29
experienced in public school construction selected from a list of no fewer 30
than three (3) names submitted by the Arkansas Chapter of the Associated 31
General Contractors of America ; 32
(3) One (1) person who is a licensed architect experienced in 33
public school design submitted by the Arkansas Chapter, the American 34
Institute of Architects ; 35
(4) One (1) person who is a licensed or registered mechanical 36 SB246
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engineer experienced in public school mechanical and plumbing systems design 1
selected from a list of no fewer than three (3) names submitted by the 2
Arkansas Society of Professional Engineers ; 3
(5) One (1) person who is a licensed or registered electrical 4
engineer experienced in public school electrical systems design selected from 5
a list of no fewer than three (3) names submitted by the Arkansas Society of 6
Professional Engineers ; 7
(6) One (1) person who is a licensed or registered civil 8
engineer experienced in public school civil engineering design and 9
construction selected from a list of no fewer than three (3) names submitted 10
by the Arkansas Society of Professional Engineers ; 11
(7) Two (2) persons selected by the Commission for Arkansas 12
Public School Academic Facilities and Transportation, one (1) of whom is 13
knowledgeable and holds certification in the field of educational technology 14
applications and strategies; 15
(8) Two (2) persons selected from a list of six (6) names 16
submitted by the Arkansas Association of Educational Administrators from its 17
membership; 18
(9) One (1) person selected from a list of three (3) names 19
submitted by the Arkansas Education Association from its membership; 20
(10) Two (2) persons selected from a list of six (6) names 21
submitted by the Arkansas School Boards Association from its membership; 22
(11) Two (2) persons selected from a list of six (6) names 23
submitted by the Arkansas Rural Ed Association from its membership; 24
(12) One (1) person selected from a list of three (3) names 25
submitted by the Arkansas Public School Resource Center, Inc., from its 26
membership; and 27
(13) Three (3) persons, one (1) from each of the professions of 28
construction, architecture, and education, selected by the commission to 29
serve as ex-officio members of the committee based on prior service on the 30
committee; 31
(9) One (1) licensed teacher appointed by the Commissioner of 32
Elementary and Secondary Education; 33
(10) One (1) principal appointed by the commissioner; and 34
(11) One (1) superintendent appointed by the commissioner . 35
36 SB246
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SECTION 32. Arkansas Code § 6 -21-817(b), concerning the membership of 1
the Public School Americans with Disabilities Act Compliance Committee, is 2
amended to read as follows: 3
(b) The committee shall be composed of six (6) members as follows the 4
following members: 5
(1) One (1) member from the Building Authority Division; 6
(2) One (1) member from the Division of Public School Academic 7
Facilities and Transportation; 8
(3) One (1) member from the State Fire Marshal Office of the 9
Division of Arkansas State Police Office of Fire Protection Services ; 10
(4) One (1) member from the Division of Elementary and Secondary 11
Education; 12
(5) One (1) member from the Arkansas Association of Educational 13
Administrators; and 14
(6) One (1) member from the Arkansas Public School Resource 15
Center, Inc. 16
(5) Other relevant stakeholders deemed necessary by the members 17
designated under subdivisions (b)(1) -(4) of this section. 18
19
SECTION 33. Arkansas Code § 6 -28-112(b), concerning academic course 20
placement under the Arkansas Military Child School Transitions Act of 2021, 21
is amended to read as follows: 22
(b) Academic course placement includes without limitation enrollment 23
in: 24
(1) Honors courses Accelerated learning courses ; and 25
(2) The International Baccalaureate Diploma Programme; 26
(3) Advanced Placement courses; and 27
(4) Academic, technical, and career pathway courses. 28
29
SECTION 34. Arkansas Code Title 6, Chapter 28, Subchapter 2, is 30
amended to add an additional section to read as follows: 31
§ 6-28-207. Purple Star Schools. 32
(a) A public school district or an open -enrollment public charter 33
school that shows a significant commitment to serving students and families 34
connected to the United States Armed Forces may be designated as a Purple 35
Star School or Purple Star School District. 36 SB246
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(b) The Division of Elementary and Secondary Education may promulgate 1
rules to implement this section. 2
3
SECTION 35. Arkansas Code § 6-41-610(b)(2), concerning the membership 4
of the committee that develops and updates the Arkansas Dyslexia Resource 5
Guide, is amended to read as follows: 6
(2)(A) The committee shall include one (1) representative who 7
has the following members who shall have experience working in the field of 8
dyslexia intervention from the following organizations, and are appointed by 9
the Commissioner of Elementary and Secondary Education: 10
(i)(A) The Arkansas Association of Educational 11
Administrators One (1) public school administrator ; 12
(ii)(B) The A representative from the Division of Learning 13
Services of the Division of Elementary and Secondary Education; 14
(iii)(C) The A representative from the Division of Higher 15
Education; 16
(iv)(D) The Arkansas Education Association One (1) public 17
school licensed educator ; 18
(v)(E) The Arkansas School Boards Association One (1) 19
public school district board of directors member ; 20
(vi)(F) The Arkansas School Psychology Association, A 21
school psychologist with at least three (3) years of experience in testing 22
for dyslexia; and 23
(vii)(G) An education service cooperative administrator .; 24
and 25
(B)(H) Three (3) professionals who have worked in a public 26
school who are knowledgeable in and have expertise in dyslexia screening and 27
interventions. 28
29
SECTION 36. Arkansas Code §§ 6 -51-602 and 6-51-603 are amended to read 30
as follows: 31
6-51-602. Definitions. 32
As used in this subchapter , unless the context otherwise requires : 33
(1) “Admissions representative” means a person who executes an 34
enrollment agreement and who receives compensation for the primary duties of 35
encouraging prospective students to enroll for training in a program of study 36 SB246
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offered by a school covered under the provisions of this subchapter; 1
(2) “Board” means the State Board of Private Career Education 2
Arkansas Higher Education Coordinating Board ; 3
(3) “Combination school” means any school in which programs of 4
study are conducted by both distance education and resident training; 5
(4) “Director” means the authorized representative of the State 6
Board of Private Career Education for the purpose of administering the 7
provisions of this subchapter; 8
(5) “Distance education school” means any school in which all 9
programs of study are conducted by distance education; 10
(6) “Extension course site” means a location away from the 11
school where a course or courses are conducted one (1) or more times during 12
the licensure period; 13
(4) "Institution of higher education" means a: 14
(A) State-supported two-year or four-year college or 15
university; or 16
(B) Private, nonprofit two -year or four-year college or 17
university with its primary headquarters located in Arkansas that is eligible 18
to receive Title IV federal student aid funds; 19
(7)(5) “Program of study” means an organized unit of courses or 20
an individual course in which instruction is offered; 21
(8) “Resident school” means any school in which all programs of 22
study are conducted in resident classrooms or held in public meeting 23
facilities; 24
(9)(6) “Satellite school” means a location within the State of 25
school located in Arkansas but away from the school where programs of study 26
are offered on a regular continuing basis by Arkansas schools; 27
(10)(A)(7)(A) “School” means any person, firm, partnership, 28
association, corporation, or other form of business organization seeking to 29
do business or offering in the State of Arkansas an entity that offers: 30
(i) An Arkansas resident or correspondence training 31
that leads to or enhances occupational qualifications .; 32
(B) “School” also means any firm, partnership, 33
association, corporation, or other form of business organization that offers 34
instruction 35
(ii) Instruction in airframe or power plant 36 SB246
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mechanics.; 1
(C)(iii) “School” also means any firm, partnership, 2
association, corporation, or other form of business organization that offers 3
training Training as preparation for passing exams that may lead to 4
employment.; or 5
(D)(iv) “School” also means any firm, partnership, 6
association, corporation, or other form of business organization that offers 7
driver Driver education training, excluding those courses taught to motor 8
vehicle violators pursuant to court order. 9
(E)(B) “School” does not include : 10
(i) A program of instruction in yoga or in yoga -11
teacher training; or 12
(ii) An an institution that is subject to the 13
jurisdiction of the Arkansas Higher Education Coordinating Board under § 6 -14
61-301 of higher education; and 15
(11)(8) “Student” or “enrollee” means a person who is seeking to 16
enroll, has been enrolled, is sought for enrollment, or is seeking training 17
or instruction in a school as defined in this section. 18
19
6-51-603. Exemptions. 20
The following are exempt from licensure under this subchapter: 21
(1) Private institutions exclusively offering instruction at any 22
or all levels from preschool prekindergarten through twelfth grade twelve 23
(preK-12); 24
(2) Schools established by laws of Arkansas laws, governed by 25
Arkansas boards, and permitted to operate for the sole purpose of providing 26
specific training normally required to qualify persons for occupational 27
licensure by state boards or commissions, which determine education and other 28
standards for licensure and operation of such schools; 29
(3) State colleges and universities coordinated by the Arkansas 30
Higher Education Coordinating Board Institutions of higher education ; 31
(4) Programs of study offered by institutions or individuals for 32
personal improvement, whether avocational or recreational, if designated 33
through media or other sources as not for the purpose of enhancing an 34
occupational objective; 35
(5) Schools operated solely to provide programs of study in 36 SB246
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theology, divinity, religious education, and ministerial training; 1
(6) A training program offered or sponsored by an employer for 2
training and preparation of its own employees and for which no tuition fee is 3
charged the employee; 4
(7) A program of study sponsored by a recognized trade, 5
business, or professional organization for instruction of the members of the 6
organization with a closed membership and for which no fee is charged the 7
member; 8
(8) A school or educational institution supported by state or 9
local government taxation; 10
(9) Flight instructors and flight instruction schools licensed 11
under appropriate Federal Aviation Administration regulations and offering 12
only training for a private pilot's license; 13
(10) Schools covered by § 6 -61-301(a)(3) and exempt from § 6 -61-14
101 et seq.; 15
(11) Training offered by other Arkansas state agencies, boards, 16
or commissions; 17
(12)(A) Training offered on military bases where a majority of 18
the students enrolled are active duty personnel or their adult family 19
members, United States Department of Defense civilian employees or their 20
adult family members, members of the United States Armed Forces reserve 21
components, and retirees. 22
(B) These organizations shall remain exempt from the 23
requirement for licensure if required to move off the military installation 24
for a period of not more than ninety (90) days because of a change in 25
security level which would not allow civilian students on the installation. 26
(C) The State Board of Private Career Division of Higher 27
Education shall have the authority to may review any situations that extend 28
past the ninety-day period and determine whether the exemption status should 29
remain for the school; 30
(13) Certified nurse aide or certified nursing assistant 31
training programs: 32
(A) Whose underlying majority ownership has ownership of 33
five (5) or more nursing facilities licensed by the Office of Long -Term Care; 34
and 35
(B) That are under the regulatory oversight of the office; 36 SB246
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and 1
(14) Schools located outside the state that: 2
(A) Offer education or training outside the state; and 3
(B) Do not participate in distance education. 4
5
SECTION 37. Arkansas Code § 6 -51-605 is amended to read as follows: 6
6-51-605. State Board of Private Career Education Authority of Division 7
of Higher Education. 8
(a)(1)(A) The Governor shall appoint a State Board of Private Career 9
Education of seven (7) members who shall serve for terms of seven (7) years. 10
(B) The Governor shall make appointments or reappointments 11
to the board to provide membership of three (3) persons associated with 12
schools and four (4) persons from the general public. 13
(2) The Commissioner of the Division of Higher Education and the 14
Director of the Division of Career and Technical Education or their designees 15
shall serve as nonvoting, ex officio members of the board. 16
(b)(1) The board may elect the necessary officers, acting by and 17
through the Commissioner of the Division of Higher Education. 18
(2) The Division of Higher Education shall have the sole 19
authority to: 20
(A)(1) Approve all schools offering programs of study 21
leading to or enhancing an occupational objective; 22
(B) Administer and enforce this subchapter; and 23
(C)(2) Issue licenses to schools that have met the 24
standards set forth for the purposes of this subchapter established by the 25
Division of Higher Education, including without limitation programs: 26
(A) Programs of study, adequate; 27
(B) Adequate facilities, financial; 28
(C) Financial stability, qualified; 29
(D) Qualified personnel, and legitimate; and 30
(E) Legitimate operating practices. 31
(c)(b) Upon approval by the Division of Higher Education, any such 32
school may issue certificates or diplomas. 33
(d)(c) The Division of Higher Education shall: 34
(1) Formulate the Establish criteria and the standards evolved 35
for the approval of such licensed schools; 36 SB246
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(2) Provide for adequate investigation of all schools applying 1
for a license; 2
(3) Issue licenses to those applicants meeting the standards 3
fixed established by the Division of Higher Education; and 4
(4) Maintain a list of schools approved under the provisions of 5
this subchapter. 6
(e) The Division of Higher Education shall formulate the standards 7
evolved under this subchapter for the approval of admissions representatives 8
of such licensed schools and issue licenses to those applicants meeting the 9
standards fixed by the Division of Higher Education. 10
(f)(d) In consultation with the board, the The Division of Higher 11
Education shall may promulgate standards and rules to be prescribed for the 12
administration of this subchapter and the management and operation of the 13
schools and admissions representatives, subject to the provisions of 14
implement this subchapter. 15
(g)(e) The Division of Higher Education shall participate in the 16
administer hearings before the Arkansas Higher Education Coordinating Board 17
for provided to schools and admissions representatives in cases of facing 18
revocation or denial of licensure. 19
(h) Official meetings of the board may be called by the Chair of the 20
State Board of Private Career Education as necessary, but meetings shall be 21
held at least four (4) times a year. 22
(i) A majority of favorable votes by the board members at an official 23
meeting is required for adoption of a recommendation. 24
(j) Board members may be reimbursed for expenses in accordance with § 25
25-16-901 and stipends according to § 25 -16-903. 26
(k) The board may adopt and use a seal, which may be used for the 27
authentication of the recommendations of the board. 28
(l)(1)(f)(1) The Division of Higher Education shall annually require 29
background investigations for all partners or shareholders with ten percent 30
(10%) or more ownership interest in a school when the school seeks an 31
original license. 32
(2) The Division of Higher Education may establish a schedule 33
for periodic background checks for partners or shareholders with ten percent 34
(10%) or more ownership interest in a school when seeking renewal of a school 35
license. 36 SB246
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(m)(1)(g)(1) The partners or shareholders shall apply to the 1
Identification Bureau of the Division of Arkansas State Police for a state 2
and national criminal background check to be conducted by the Federal Bureau 3
of Investigation. 4
(2) The check shall conform to the applicable federal standards 5
and shall include the taking of fingerprints. 6
(3) The applicant shall sign a release of information to the 7
board and shall be responsible to the Division of Arkansas State Police for 8
the payment of any fee associated with the criminal background check. 9
(4) Upon completion of the criminal background check, the 10
Identification Bureau of the Division of Arkansas State Police shall forward 11
to the Division of Higher Education all information obtained concerning the 12
person in the commission of any offense listed in § 6 -51-606(g)(3). 13
(5)(A) The Division of Higher Education may issue a nonrenewable 14
temporary license pending the results of the criminal background check. 15
(B) The temporary license shall be valid for no more than 16
six (6) months. 17
(C) Upon receipt of information from the Identification 18
Bureau of the Division of Arkansas State Police that only one (1) of the 19
partners or shareholders of the school holding the license has been convicted 20
of any offense listed in § 6 -51-606(g)(3), the Division of Higher Education 21
shall revoke the license. 22
(n)(1)(h)(1) The provisions of Licensure revocation under § 6-51-23
606(g) may be waived by the Division of Higher Education upon the request of: 24
(A) An affected applicant for licensure; or 25
(B) The partners or shareholders of a school holding a 26
license subject to revocation. 27
(2) Circumstances for which a waiver may be granted shall 28
include, but not be limited to, without limitation the following: 29
(A) The age at which the crime was committed; 30
(B) The circumstances surrounding the crime; 31
(C) The length of time since the crime; 32
(D) Subsequent work history; 33
(E) Employment references; 34
(F) Character references; and 35
(G) Other evidence demonstrating that the applicant does 36 SB246
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not pose a threat. 1
(o)(1)(i)(1) Any information received by the Division of Higher 2
Education from the Identification Bureau of the Division of Arkansas State 3
Police under this section shall not be available for examination except by: 4
(A) The affected applicant for licensure or his or her 5
authorized representative; or 6
(B) The person whose license is subject to revocation or 7
his or her authorized representative. 8
(2) No record, file, or document shall be removed from the 9
custody of the Division of Arkansas State Police. 10
(p)(j) Any information made available to the affected applicant for 11
licensure or the person whose license is subject to revocation shall be 12
information pertaining to that person only. 13
(q)(k) Rights of privilege and confidentiality established in this 14
section shall not extend to any document created for purposes other than the 15
background check required by this section. 16
(r) In consultation with the board, the Division of Higher Education 17
shall adopt the necessary rules to fully implement the provisions of this 18
section. 19
20
SECTION 38. Arkansas Code § 6 -51-606 is amended to read as follows: 21
6-51-606. School license generally. 22
(a) No persons shall operate, conduct, maintain, or offer to operate 23
in this state Arkansas a school as defined in this subchapter, or solicit the 24
enrollment of students residing in the state Arkansas, unless a license is 25
first secured from the Division of Higher Education issued in accordance with 26
the provisions of this subchapter and the rules promulgated by the division 27
in consultation with the State Board of Private Career Education . 28
(b)(1) Application An application for a license shall be filed in the 29
manner and upon the forms prescribed and furnished by the division for that 30
purpose signed and include all required information as prescribed by the 31
division. 32
(2) The application shall be signed by the applicant and 33
properly verified and shall contain such information as may apply to the type 34
and kind of school, satellite school, or extension course site for which a 35
license is sought. 36 SB246
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(c)(1) A license issued shall be restricted to the programs of study 1
specifically indicated in the application for a license. 2
(2) The holder of a license shall present a supplementary 3
application for approval of additional programs of study. 4
(d) The license shall remain the property of the State of Arkansas and 5
shall be returned to the division upon cause. 6
(e) After a license is issued to any school by the division on the 7
basis of its application , it shall be the responsibility of the school to 8
notify the division immediately the division of any changes in the ownership, 9
administration, location, faculty, or programs of study on the forms and in 10
the manner prescribed by the division . 11
(f)(1) In the event of the sale of such school, the license granted to 12
the original owner or operators shall not be transferable to the new 13
ownership or operators , but. 14
(2) An application for a new license must shall be made and 15
approved before the new ownership's taking over operation of the school. 16
(g) The division shall have the power to deny issuing a new or renewal 17
license, to revoke an existing license, or to place a licensee on probation, 18
if in its discretion it determines that: 19
(1) The licensee has violated any of the provisions of this 20
subchapter or any of the rules of the division; 21
(2) The applicant or licensee has knowingly presented to the 22
division incomplete or misleading information relating to licensure; 23
(3) The applicant or licensee has pleaded guilty, entered a plea 24
of nolo contendere, or has been found guilty in a criminal proceeding, 25
regardless of whether or not the adjudication of guilt or sentence is 26
withheld, deferred, or suspended by a court of this state Arkansas, another 27
state, or the United States Government, of: 28
(A) Any felony; or 29
(B) Any act involving moral turpitude, gross immorality, 30
or which is related to the qualifications, functions, and duties of a 31
licensee; 32
(4) The applicant or licensee has intentionally failed or 33
refused to permit the division or its representatives to inspect the school 34
or classes or has intentionally failed or refused to make available to the 35
division, at any time when requested to do so , full information pertaining to 36 SB246
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any or all items of information contained in an application for license or 1
pertaining to the operation of the school; 2
(5) The applicant has failed or refused to submit to the 3
division an application for license or renewal in the manner and on the forms 4
prescribed; 5
(6) A licensed admissions representative has failed or refused 6
to display or produce his or her license when requested to do so by 7
prospective students or designated officials of the division; 8
(7) The applicant or licensee has failed to provide or maintain 9
premises, equipment, materials, supplies, or conditions in accordance with 10
minimum standards as established by rules; 11
(8) The licensee has been found by the division or a court of 12
law to have perpetrated fraud or deceit in advertising of the school or 13
programs of study or in presenting to prospective students information 14
relating to the school, programs of study, employment opportunities, or 15
opportunities for enrollment in institutions of higher education; 16
(9) The licensee has in its employ any admissions 17
representatives who have not been licensed but are actively engaged in the 18
practice of attempting to enroll students; 19
(10) The licensee has failed to provide and maintain standards 20
of instruction or qualified administrative, supervisory, or instructional 21
staff as established by rules; 22
(11) The applicant or licensee is unable to provide and maintain 23
financial resources in sufficient amount to equip and maintain the school or 24
classes; 25
(12) The licensee has moved the school into new premises or 26
facilities without first notifying the division; 27
(13) The licensee has offered training or instruction in 28
programs of study which have not been approved and authorized in accordance 29
with rules; 30
(14) A licensed admissions representative has solicited 31
prospective students to enroll in a school which has not been licensed by the 32
division or which is not listed on his or her license; 33
(15) There was a change in the ownership of the school without 34
proper notification to and approval from the division; 35
(16) The licensee has failed to notify the division or to 36 SB246
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provide written documentation as to the cause that the license of a school 1
has been suspended or revoked or the school has been placed on probation or a 2
show cause issued in another state or by another regulatory agency; 3
(17) The licensee has failed to notify the division of legal 4
actions initiated by or against the school; or 5
(18) The licensee fails to make tuition refunds to the students 6
or their lenders in compliance with current rules. 7
(h) The division shall have the power to revoke a license if in its 8
discretion it determines that: 9
(1) The licensee has failed to cure a deficiency leading to a 10
license probation within the time as may be reasonably prescribed by the 11
division; 12
(2) The licensee while on probation has been found by the 13
division to have incurred an additional infraction of this subchapter; or 14
(3) The licensee has closed a school without first having 15
completed the training of all students currently enrolled or having made 16
tuition refunds to students or their lenders. 17
(i) The division may impose sanctions under § 25 -15-217. 18
(j)(1) Unless directed to do so by court order, the division shall 19
not, for a period of five (5) years following revocation, reinstate the 20
license of a school or allow an owner of any such school to seek licensure of 21
another school. 22
(2) Upon expiration of licensure status, the school must apply 23
for an original license in accordance with the provisions of this subchapter. 24
(k)(1) Upon closure of a school located in Arkansas and licensed under 25
any provision of this subchapter, whether for license revocation or any other 26
cause, all student financial aid records for the previous three (3) years and 27
all student transcripts regardless of age must be delivered to the division. 28
(2) Delivered records shall be arranged in alphabetical order 29
and stored in boxes or in data format at the discretion of the division. 30
(3) The division shall be responsible for the proper security, 31
storage, and maintenance of all such records. 32
33
SECTION 39. Arkansas Code § 6 -51-607(a)(1), concerning the payment of 34
annual fees by a private resident and correspondence school, is amended to 35
read as follows: 36 SB246
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(a)(1) Each school licensed under this subchapter shall pay annually a 1
fee to be set by the Division of Higher Education in consultation with the 2
State Board of Private Career Education Arkansas Higher Education 3
Coordinating Board. 4
5
SECTION 40. Arkansas Code § 6 -51-609(k), concerning the promulgation 6
of rules related to private resident and correspondence schools, is repealed. 7
(k) In consultation with the State Board of Private Career Education, 8
the Division of Higher Education shall adopt the necessary rules to fully 9
implement the provisions of this section. 10
11
SECTION 41. Arkansas Code § 6 -51-610(a), concerning fees related to 12
private resident and correspondence schools, is amended to read as follows: 13
(a) In consultation with the State Board of Private Career Education 14
Arkansas Higher Education Coordinating Board , the Division of Higher 15
Education shall set fees for schools and admissions representatives. 16
17
SECTION 42. Arkansas Code § 6 -51-616 is amended to read as follows: 18
6-51-616. Student grievance procedure. 19
(a) Any student may file a written complaint with the Division of 20
Higher Education on the forms prescribed and furnished by the division for 21
that purpose if the student has reason to believe he or she is suffering loss 22
or damage resulting from: 23
(1) The failure of a school to perform agreements made with the 24
student; or 25
(2) An admissions representative's misrepresentations in 26
enrolling the student. 27
(b)(1) All complaints shall be investigated, and attempts shall be 28
made to resolve them informally. 29
(2) If an informal resolution cannot be achieved, the aggrieved 30
party may request a formal hearing to be held before the State Board of 31
Private Career Education Arkansas Higher Education Coordinating Board . 32
(c) The aggrieved party may not pursue resolution before the board if 33
legal action has been filed. 34
(d) The request for a hearing shall be in writing and filed with the 35
director division within one (1) year of completion of, or withdrawal from, 36 SB246
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the school. 1
(e) The written request for a hearing shall name the parties involved 2
and specific facts giving rise to the dispute. 3
(f) The ruling of the board shall be binding upon the parties. 4
5
SECTION 43. The introductory language of Arkansas Code § 6 -51-617(a), 6
concerning dispute resolution by the State Board of Private Career Education, 7
is amended to read as follows: 8
(a) The State Board of Private Career Education Arkansas Higher 9
Education Coordinating Board shall represent the sole authority to resolve 10
disputes between a student and a school as to grievances relating to: 11
12
SECTION 44. Arkansas Code § 6 -51-621 is repealed. 13
6-51-621. Construction of subchapter. 14
Nothing in this subchapter shall be construed to affect the 15
responsibilities of the Arkansas Higher Education Coordinating Board as 16
defined in § 6-61-301. 17
18
SECTION 45. Arkansas Code § 6 -51-622(d), concerning rules related to 19
noncommercial driver training instructions, is repealed. 20
(d)(1) In consultation with the State Board of Private Career 21
Education, the Division of Higher Education may promulgate reasonable rules 22
to implement, enforce, and administer this section. 23
(2) The rules of the division shall be issued in accordance with 24
the Arkansas Administrative Procedure Act, § 25 -15-201 et seq. 25
26
SECTION 46. Arkansas Code § 6 -53-203(a), concerning powers and duties 27
of the Arkansas Higher Education Coordinating Board related to the technical 28
and community college system, is amended to add an additional subdivision to 29
read as follows: 30
(10) Promulgate rules to implement this chapter. 31
32
SECTION 47. Arkansas Code § 6 -60-1504 is amended to read as follows: 33
6-60-1504. Limitations. 34
(a) Nothing in this subchapter shall be interpreted as: 35
(1) Giving a member of the campus community the right to disrupt 36 SB246
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a previously scheduled or otherwise reserved activity; 1
(2) Authorizing a member of the campus community to disregard a 2
policy of the state-supported institution of higher education regarding: 3
(A) Compliance with state and federal laws on 4
discrimination and harassment; or 5
(B) The productive and efficient operation of an 6
instructional or work environment; 7
(3) Preventing a state -supported institution of higher education 8
from prohibiting, limiting, or restricting expression that is not protected 9
under the First Amendment to the United States Constitution or Article 2, § 10
6, of the Arkansas Constitution; or 11
(4) Prohibiting a state -supported institution of higher 12
education from imposing a restriction on the time, place, or manner of 13
expression in or on a campus forum, provided the restriction on the time, 14
place, or manner of expression: 15
(A) Is reasonable; 16
(B) Is justified without reference to the viewpoint of the 17
speaker; 18
(C) Is narrowly tailored to serve a significant state 19
interest; and 20
(D) Leaves open ample alternative channels for 21
communication of the information or message contained in the expression. 22
(b) A state-supported institution of higher education shall not grant 23
excused absences for: 24
(1) Purposes of political protest; 25
(2) Social or public policy advocacy; or 26
(3) Attempts to influence legislation or other governmental 27
policymaking at the local, state, or federal level. 28
(c) Academic standards, teaching standards, education standards, 29
curriculum, teacher professional development, and rules in a state -supported 30
institution of higher education shall not authorize student walkouts for 31
purposes of: 32
(1) Political protest; 33
(2) Social or public policy advocacy; or 34
(3) Attempts to influence legislation or other governmental 35
policymaking at the local, state, or federal level. 36 SB246
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(d) This section shall not be construed to prohibit students from 1
attending curricular or co -curricular activities approved by the state -2
supported institution of higher education for credit. 3
(e)(1) A student who negligently or intentionally causes damages to 4
the property of a state -supported institution of higher education while 5
engaging in a political protest or public policy advocacy shall be liable to 6
the state-supported institution of higher education for damages caused by the 7
student. 8
(2) A state-supported institution of higher education may seek 9
to recover damages described in subdivision (e)(1) of this section in a court 10
of competent jurisdiction. 11
(3) A student of a state -supported institution of higher 12
education who has been found liable for damages described in subdivision 13
(e)(1) of this section shall be subject to the following penalties until the 14
judgment is fully satisfied: 15
(A) The student shall be ineligible to receive a degree or 16
credential from the state -supported institution of higher education; and 17
(B) The state-supported institution of higher education 18
shall not transfer or otherwise endorse credit issued by the state -supported 19
institution of higher education for the purposes of satisfying degree 20
requirements at any other state -supported institution of higher education. 21
22
SECTION 48. Arkansas Code Title 6, Chapter 60, is amended to add 23
additional subchapters to read as follows: 24
Subchapter 16 — Rejecting Discrimination and Indoctrination in Postsecondary 25
Education 26
27
6-60-1601. Legislative findings. 28
The General Assembly recognizes that: 29
(1) The First Amendment of the United States Constitution 30
robustly protects the right to speak without government interference, but not 31
to compel others to adopt, affirm, or adhere to specific beliefs; 32
(2) The Fourteenth Amendment of the United States Constitution 33
provides that no state shall deny to any person within its jurisdiction the 34
equal protection of the law; 35
(3) Title IV of the Civil Rights Act of 1964 promotes the 36 SB246
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desegregation of public schools and authorizes the United States Attorney 1
General to file lawsuits to enforce the provisions of the Civil Rights Act of 2
1964. It defines "desegregation" as "the assignment of students to public 3
schools and within such schools without regard to their race, color, 4
religion, or national origin," thereby removing government -sanctioned racial 5
discrimination in schools and implementing the United States Supreme Court’s 6
holding in "Brown v. Board of Education" , 347 U.S. 483 (1954), that racial 7
separation is a violation of the Equal Protection Clause of the Fourteenth 8
Amendment; and 9
(4) Title VI of the Civil Rights Act of 1964 states that “No 10
person in the United States shall, on the ground of race, color, or national 11
origin, be excluded from participation in, be denied the benefits of, or be 12
subjected to discrimination under any program or activity receiving Federal 13
financial assistance". 14
15
6-60-1602. Purpose. 16
(a) It is the intent of the General Assembly that administrators, 17
faculty, and other employees of a state -supported institution of higher 18
education maintain nondiscriminatory policies in accordance with Title IV, 19
Title VI, and Title VII of the Civil Rights Act of 1964. 20
(b) This subchapter is enacted to: 21
(1) Prevent discrimination; 22
(2) Promote the intellectual development of students and faculty 23
in Arkansas; and 24
(3) Protect the free exchange of ideas according to the United 25
States Constitution and the Arkansas Constitution. 26
27
6-60-1603. Definitions. 28
As used in this subchapter: 29
(1) “Accreditation” means the status of public recognition that 30
an accrediting agency grants to an educational institution; 31
(2) “Accrediting agency” means a legal entity or part of a legal 32
entity that: 33
(A) Conducts accrediting activities; and 34
(B) Makes decisions about the accreditation or pre - 35
accreditation status of educational institutions; 36 SB246
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(3) “Affirm, adopt, or adhere to” includes communicative speech 1
or act or action, including without limitation: 2
(A) Engaging in symbolic speech; 3
(B) Holding signs; 4
(C) Raising hands; 5
(D) Signing a pledge; or 6
(E) Participating in a parade, “privilege walk”, or 7
racially segregated activity of any sort; 8
(4) “Compel” means: 9
(A) Causing or pressuring an individual to perform an act 10
or action against his or her will; or 11
(B) Retaliating against an individual who declines to 12
perform an act against his or her will; 13
(5) “Diversity, equity, and inclusion initiative” or “DEI” 14
means: 15
(A) An office, division, department, or administrative 16
provider of a unit of study at a state -supported institution of higher 17
education with the purpose of: 18
(i) Influencing academic, administrative, hiring, or 19
employment practices at the state -supported institution of higher education; 20
(ii) Promoting: 21
(a) Preferences based upon race, color, sex, 22
ethnicity, or national origin; 23
(b) Differential treatment on the basis of 24
race, color, sex, ethnicity, or national origin; or 25
(c) Political or social activism to consider 26
race, color, sex, ethnicity, or national origin as factors in decision -27
making, except where required by federal or state law; or 28
(iii) Any promotion described in subdivision 29
(5)(A)(ii) of this section that conflicts with state and federal 30
antidiscrimination laws; or 31
(B) Any program, activity, applicant statement, or 32
training described in § 6 -60-1604 that promotes an activity described in 33
subdivision (5)(A)(ii) of this section; 34
(6) “State-supported institution of higher education” means a 35
public postsecondary institution or a department in a public postsecondary 36 SB246
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institution that: 1
(A) Provides: 2
(i) An eligible program of training to prepare 3
students for gainful employment in a recognized occupation; or 4
(ii) A program leading to a baccalaureate degree or 5
a graduate degree; and 6
(B) Is accredited by a recognized accrediting agency or 7
association and has continuously held the accreditation for the number of 8
years required by the Division of Higher Education; and 9
(7) "Unit of study" means a class, single component, or subject 10
offered by a state-supported institution of higher education for the 11
completion of a degree or that leads to a postsecondary award, including 12
academic credit, or for the purposes of auditing a class. 13
14
6-60-1604. Prohibitions. 15
(a) An officer, agent, administrator, employee, teacher, or contractor 16
of a state-supported institution of higher education shall not compel another 17
officer, agent, administrator, employee, teacher, contractor, or student of 18
the state-supported institution of higher education to personally affirm, 19
adopt, or adhere to ideas or beliefs in violation of Title IV, Title VI, or 20
Title VII of the Civil Rights Act of 1964, including without limitation: 21
(1) That an individual should be adversely or advantageously 22
treated on the basis of his or her race, ethnicity, sex, color, or national 23
origin; and 24
(2) That an individual student of a state -supported institution 25
of higher education or group of students of a state -supported institution of 26
higher education, by virtue of their race, ethnicity, sex, color, or national 27
origin, bear collective guilt or are inherently responsible for actions 28
committed by other members of the same race, ethnicity, sex, color, or 29
national origin. 30
(b) An officer, agent, administrator, employee, teacher, or contractor 31
of a state-supported institution of higher education shall not adversely or 32
advantageously treat students of the state -supported institution of higher 33
education differently on the basis of race, ethnicity, sex, color, or 34
national origin except to the extent otherwise allowed by federal law. 35
(c)(1) An officer, agent, administrator, employee, teacher, or 36 SB246
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contractor of a state -supported institution of higher education, when acting 1
in the course of his or her official duties, shall not organize, participate 2
in, or carry out any act or communication that would violate subsection (a) 3
of this section. 4
(2) The prohibition under subdivision (c)(1) of this section 5
shall not be construed to prohibit an employee of a state -supported 6
institution of higher education from: 7
(A) Discussing the ideas and history of the concepts 8
described in subsection (a) of this section for legitimate educational, 9
andragogical, or pedagogical purposes consistent with this subchapter; and 10
(B) Using methods of communication not in violation of 11
this subchapter. 12
(d) An officer, agent, administrator, employee, teacher, or contractor 13
of a state-supported institution of higher education may not condition 14
enrollment in or attendance of a class, training, or orientation of the 15
state-supported institution of higher education: 16
(1) On the basis of race, ethnicity, sex, color, or national 17
origin where not required by federal law; or 18
(2) On requiring an individual to personally affirm, adopt, or 19
adhere to a political, philosophical, religious, or other ideological 20
viewpoint. 21
(e) An officer, agent, administrator, employee, teacher, or contractor 22
of a state-supported institution of higher education shall not compel another 23
officer, agent, administrator, employee, teacher, contractor, or student of 24
the state-supported institution of higher education to personally affirm, 25
adopt, or adhere to a political, philosophical, religious, or other 26
ideological viewpoint. 27
(f) When taking an action on the accreditation or renewal of 28
accreditation of a state -supported institution of higher education, an 29
accrediting agency shall not: 30
(1) Base the accrediting decision in any way on a review or 31
consideration of DEI; 32
(2) Collect information related to DEI; 33
(3) Include any requirement related to DEI, including without 34
limitation requirement of a diversity statement from a state -supported 35
institution of higher education or any employee or contractor of a state -36 SB246
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supported institution of higher education; or 1
(4) Include any requirement that compliance with which would 2
require the state-supported institution of higher education to violate this 3
subchapter. 4
(g)(1) This subchapter does not prohibit officers, agents, 5
administrators, employees, teachers, contractors, or students of a state -6
supported institution of higher education from discussing public policy 7
issues or ideas that individuals may find unwelcome, disagreeable, or 8
offensive. 9
(2) It is the policy of this state that a state -supported 10
institution of higher education educates students of the state -supported 11
institution of higher education on how to think and not what to think. 12
(h)(1) A state-supported institution of higher education that does not 13
immediately resolve a violation of this section shall demonstrate compliance 14
with all requirements of this section within a reasonable time. 15
(2)(A) A state-supported institution of higher education that 16
fails to demonstrate compliance with all requirements of this section within 17
a reasonable time as required under subdivision (h)(1) of this section shall 18
not be eligible for state funding under the state higher education funding 19
formula. 20
(B) In order to regain eligibility for receipt of state 21
funding, a state-supported institution of higher education shall demonstrate 22
compliance with all requirements of this section for not less than one (1) 23
fiscal year after the fiscal year in which the state -supported institution of 24
higher education became ineligible for receipt of state funding. 25
(i) A state-supported institution of higher education shall not expend 26
any state funds and shall reject any federal funds whose receipt requires the 27
state-supported institution of higher education to violate this subchapter. 28
(j) This subchapter shall not be construed to prevent compliance with 29
any state or federal civil rights laws that do not depend on receipt of state 30
or federal funding. 31
(k) A state-supported institution of higher education shall not 32
require a current or prospective officer, agent, administrator, employee, 33
teacher, contractor, or student of the state -supported institution of higher 34
education to submit a statement or diversity statement describing his or her 35
views on matters related to race, ethnicity, sex, color, or national origin 36 SB246
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to be considered for the purposes of hiring, evaluating, admitting, or 1
promoting the officer, agent, administrator, employee, teacher, contractor, 2
or student of the state -supported institution of higher education. 3
(l) This subchapter may be enforced by the Attorney General on behalf 4
of the state. 5
6
Subchapter 17 — Arkansas Direct Admissions Program 7
8
6-60-1701 Title. 9
This subchapter shall be known and may be cited as the “Arkansas Direct 10
Admissions Program Act”. 11
12
6-60-1702. Definitions. 13
As used in this subchapter: 14
(1) “Application requirements” means the forms, payments, or 15
activities that are required to be completed by a student to apply to a 16
state-supported institution of higher education as set by each participating 17
institution; 18
(2) “Eligible student” means a student who resides in Arkansas 19
and attends a public or private accredited high school that has agreed to 20
participate in the Arkansas Direct Admissions Program; 21
(3) “Enrollment requirements” means the forms, payments, or 22
activities that are required to be completed by a student to enroll in a 23
state-supported institution of higher education as set by each participating 24
institution; 25
(4) “Participating institution” means a state -supported 26
institution of higher education, community college, or technical college 27
within Arkansas that uses the Arkansas Direct Admissions Program; 28
(5) “Participating public school” means: 29
(A) A public high school within a traditional public 30
school district that is accredited by the State Board of Education; 31
(B) An open-enrollment public charter school organized as 32
a high school that is authorized by the charter authorizing panel; and 33
(C) A private high school that is accredited by: 34
(i) The Arkansas Nonpublic School Accrediting 35
Association, Inc., or its successor; or 36 SB246
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(ii) Another accrediting association recognized by 1
the state board; 2
(6) “Provisional admissions criteria” means the minimum academic 3
requirements that a student is required to meet to receive a provisional 4
admissions offer from a participating institution; and 5
(7)(A) “Provisional admissions offer” means a determination that 6
a student meets admissions criteria. 7
(B) "Provisional admissions offer" does not mean 8
acceptance to a participating institution. 9
10
§ 6-60-1703. Arkansas Direct Admissions Program. 11
(a) There is established the Arkansas Direct Admissions Program. 12
(b) The program shall: 13
(1) Begin implementation with the high school graduating class 14
of 2026-2027; 15
(2) Establish: 16
(A) Provisional admissions criteria, including without 17
limitation: 18
(i) Grade point average; 19
(ii) Assessment scores; and 20
(iii) Course completion; 21
(B) Eligibility requirements for participating 22
institutions that include without limitation: 23
(i) Application requirements; and 24
(ii) Enrollment requirements; and 25
(C) Eligibility requirements for participating public 26
schools; 27
(3) Require the collection of student academic information to 28
determine provisional admissions offers; 29
(4) Include a common application portal for eligible students to 30
participate in the program that may include without limitation: 31
(A) Information about participating institutions; 32
(B) Communication of provisional admissions offers to 33
participating students; and 34
(C) Information about available financial aid; and 35
(5) Include a plan to conduct outreach to eligible students to 36 SB246
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provide the eligible students with information regarding the operation of the 1
program. 2
(c) This section shall not prevent a student who does not qualify for 3
a provisional admissions offer from applying for enrollment in a 4
participating institution through the participating institution's existing 5
admissions process. 6
(d) The Division of Higher Education may promulgate rules to implement 7
this subchapter. 8
9
§ 6-60-1704. Duties of public school districts and open -enrollment 10
public charter schools. 11
(a) A public school district or open -enrollment public charter school 12
may opt to participate in the Arkansas Direct Admissions Program. 13
(b) A participating public school shall provide student data to the 14
Division of Higher Education that includes without limitation: 15
(1) Grade point average; 16
(2) Assessment scores; and 17
(3) Course completion. 18
(c)(1) Each public school district and open -enrollment public charter 19
school shall inform all students about participation in the Arkansas Direct 20
Admissions Program. 21
(2) A public school district or open -enrollment public charter 22
school shall not actively discourage or prohibit an eligible student from 23
participating in the Arkansas Direct Admissions Program. 24
25
SECTION 49. Arkansas Code Title 6, Chapter 61, Subchapter 1, is 26
amended to add an additional section to read as follows: 27
§ 6-61-144. Purple Star Campuses. 28
(a) A state-supported institution of higher education that shows a 29
significant commitment to serving students and families connected to the 30
United States Armed Forces may be designated as a Purple Star Campus. 31
(b) The Division of Higher Education may promulgate rules to implement 32
this section. 33
34
SECTION 50. Arkansas Code § 6 -61-201(a)-(c), concerning membership of 35
the Arkansas Higher Education Coordinating Board, are amended to read as 36 SB246
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follows: 1
(a)(1) The Beginning May 1, 2025, the Arkansas Higher Education 2
Coordinating Board shall consist of twelve (12) seven (7) members appointed 3
by the Governor as follows: 4
(A)(i) Six (6) Four (4) members who shall be: 5
(a) Qualified electors of the State of 6
Arkansas; and 7
(b) Graduates of public two-year or four-year 8
state-supported institutions of higher education within the state. 9
(ii) If an appointee under this subdivision (a)(1)(A) 10
is serving as a member of a board of a two -year or four-year state-supported 11
institution of higher education at the time of appointment to the Arkansas 12
Higher Education Coordinating Board, the appointee shall relinquish his or 13
her membership on the board of the two -year or four-year state-supported 14
institution of higher education; and 15
(B)(i) Six (6) Three (3) members shall be selected from 16
business, industry, education, agriculturally related industry, and medical 17
services and shall not be current members of a board of a public two-year or 18
four-year state-supported institution of higher education. 19
(ii) At least one (1) of the appointees shall have a 20
strong interest in and commitment to economic and workforce development. 21
(iii) At least one (1) of the appointees shall have 22
experience in the knowledge -based technology field. 23
(2) No more than four (4) two (2) members of the Arkansas Higher 24
Education Coordinating Board shall be appointed from any one (1) 25
congressional district as the districts exist at the time of the appointment. 26
(b) Vacancies on the Arkansas Higher Education Coordinating Board 27
shall be filled for the unexpired terms, and the appointments shall be made 28
in the same manner as the positions vacated. 29
(c)(1) The members of the Arkansas Higher Education Coordinating Board 30
shall serve staggered terms of six (6) years. 31
(2) The terms of two (2) members shall expire each year. 32
33
SECTION 51. Arkansas Code § 6-61-202(a), concerning powers and duties 34
of the Arkansas Higher Education Coordinating Board, is amended to add 35
additional subdivisions to read as follows: 36 SB246
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(8) Perform all other functions that may now or hereafter be 1
delegated to the Arkansas Higher Education Coordinating Board by law; and 2
(9) Promulgate rules to perform all duties and obligations to 3
implement this subchapter. 4
5
SECTION 52. Arkansas Code § 6 -61-231(b)(1), concerning the purpose of 6
the statewide transfer agreement, is amended to read as follows: 7
(b)(1) The purpose of this section is to eliminate obstacles to 8
transfers of credits among public state-supported institutions of higher 9
education in Arkansas by providing a seamless transfer of academic credits 10
from a completed designated transfer degree program or a completed state 11
minimum core curriculum to a baccalaureate degree program without the loss of 12
earned credits and without the receiving public state-supported institution 13
of higher education requiring additional lower -division general education 14
credits. 15
16
SECTION 53. Arkansas Code § 6 -61-231(c), concerning the statewide 17
transfer agreement developed by the Arkansas Higher Education Coordinating 18
Board, is amended to add an additional subdivision read as follows: 19
(6)(A) Provides for a reverse transfer agreement for a student 20
seeking an associate degree that transfers to a four -year state-supported 21
institution of higher education before earning an associate of arts degree. 22
(B)(i) Except as provided in subsection (c)(6)(B)(ii), a 23
student shall be awarded an associate degree by the two -year state-supported 24
institution of higher education upon completing the degree requirements at 25
the four-year state-supported institution of higher education if the student 26
earned more than thirty (30) credit hours toward the associate degree at the 27
two-year state-supported institution of higher education. 28
(ii) A student eligible to receive an associate 29
degree under subdivision (c)(6)(B)(i) of this section shall be: 30
(a) Notified in writing that the student is 31
eligible to receive an associate degree; 32
(b) Provided an opportunity to decline the 33
award of the associate degree; and 34
(c) Awarded the associate degree if the 35
student takes no action within thirty (30) days of being provided notice 36 SB246
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under subdivision (c)(6)(B)(ii)(a) of this section. 1
(C) A four-year state-supported institution of higher 2
education shall identify each student who has completed requirements for an 3
associate degree and, upon consent of the student, transfer credits earned at 4
the four-year state-supported institution of higher education to the two -year 5
state-supported institution of higher education so that the associate of arts 6
degree may be awarded by the two -year state-supported institution of higher 7
education. 8
9
SECTION 54. Arkansas Code § 6 -61-231(d)(2)(B), concerning the 10
requirement of the Arkansas Higher Education Coordinating Board related to 11
the statewide transfer agreement to identify postsecondary career education 12
programs offered by two -year public institutions of higher education is 13
amended to read as follows: 14
(B) Postsecondary career and technical education programs 15
offered by two-year public state-supported institutions of higher education, 16
including those designated as college -credit courses applicable toward a 17
certificate or degree; 18
19
SECTION 55. Arkansas Code § 6 -61-234 is amended to read as follows: 20
6-61-234. Productivity-based funding model. 21
(a)(1)(A) The Arkansas Higher Education Coordinating Board shall adopt 22
policies developed by the Division of Higher Education may promulgate rules 23
necessary to implement a productivity -based funding model for state -supported 24
institutions of higher education , including without limitation two -year and 25
four-year state-supported institutions of higher education . 26
(B) The board shall adopt separate policies for two -year 27
institutions of higher education and four -year institutions of higher 28
education. 29
(2) The policies rules adopted to implement a productivity -based 30
funding model for state -supported institutions of higher education shall 31
contain measures for effectiveness, affordability, and efficiency that 32
acknowledge the following priorities: 33
(A) Differences in institutional missions; 34
(B) Completion of students' educational goals; 35
(C) Progression toward students' completion of programs of 36 SB246
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study; 1
(D) Affordability through: 2
(i) On-time completion of programs of study; 3
(ii) Limiting the number of excess credits earned by 4
students; and 5
(iii) Efficient allocation of resources; 6
(E)(i) Beginning in the 2026 -2027 academic year, 7
incorporation of a return on investment metric into the productivity -based 8
funding model. 9
(ii) The return on investment metric under 10
subdivision (a)(2)(E)(i) of this section shall be defined by rule of the 11
Division of Higher Education. 12
(iii) The Division of Higher Education shall ensure 13
that the return on investment metric required under subdivision (a)(2)(E)(i) 14
of this section is aligned with state economic and workforce needs; 15
(E)(F) Institutional collaboration that encourages the 16
successful transfer of students; 17
(F)(G) Success in serving underrepresented students; and 18
(G)(H) Production of students graduating with credentials 19
in science, technology, engineering, mathematics, and high -demand fields that 20
align with statewide and regional workforce needs . 21
(3)(A) The Division of Higher Education may promulgate rules to 22
implement a funding formula to support noncredit programs at a state -23
supported institution of higher education. 24
(B) Funding for a noncredit program shall come from the 25
following: 26
(i) Educational Excellence Trust Fund revenues; 27
(ii) General revenues authorized by law; and 28
(iii) Any other funds as provided by law. 29
(C) The Division of Higher Education shall consult with 30
the Governor's Workforce Cabinet during development of the funding formula 31
for the noncredit programs under subdivision (a)(3)(A) of this section. 32
(3)(4) The productivity-based funding model shall not determine 33
the funding needs of special units such as a medical school, a division of 34
agriculture, or system offices. 35
(b) The productivity -based funding model shall be: 36 SB246
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(1) Used to align institutional funding with statewide 1
priorities for higher education by: 2
(A) Encouraging programs and services focused on student 3
success; and 4
(B) Providing incentives for progress toward statewide 5
goals; and 6
(2) Built around a set of shared principles that: 7
(A) Are embraced by state -supported institutions of higher 8
education; 9
(B) Employ appropriate productivity metrics; and 10
(C) Are aligned with goals and objectives for 11
postsecondary education attainment in this state. 12
(c)(1) The board Division of Higher Education shall use the 13
productivity-based funding model as the mechanism for recommending funding 14
for state-supported institutions of higher education. 15
(2) The board Division of Higher Education shall recommend 16
funding for: 17
(A) State-supported institutions of higher education as a 18
whole; and 19
(B) The allocation of funding to each state -supported 20
institution of higher education. 21
(3) The board Division of Higher Education shall may make 22
separate recommendations for : 23
(A) two-year Two-year state-supported institutions of 24
higher education; and 25
(B) four-year Four-year state-supported institutions of 26
higher education. 27
(d) Funds unallocated to state -supported institutions of higher 28
education due to productivity declines shall be reserved by the division 29
Division of Higher Education to address statewide needs in higher education. 30
(e) The division Division of Higher Education shall review the 31
policies every five (5) years to ensure the productivity -based funding model 32
continues to respond to the needs and priorities of the state. 33
(f) In any fiscal year for which the aggregate general revenue funding 34
forecast to be available for state -supported institutions of higher education 35
is greater than two percent (2%) less than the amount provided for the 36 SB246
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immediate previous fiscal year, the division shall not further implement the 1
productivity-based funding model until the following fiscal year. 2
3
SECTION 56. Arkansas Code § 6 -61-1010, concerning authority of the 4
Arkansas Higher Education Coordinating Board under the Technical College and 5
Community College Capital Improvement Act of 1993, is amended to add an 6
additional subsection to read as follows: 7
(f) The Arkansas Higher Education Coordinating Board may promulgate 8
rules to implement this subchapter. 9
10
SECTION 57. Arkansas Code § 6 -61-1402 is amended to read as follows: 11
6-61-1402. Courses included in common course numbering system. 12
(a)(1) The Arkansas Higher Education Coordinating Board, in 13
collaboration with all state -supported institutions of higher education, 14
shall develop and approve a statewide common course numbering system for 15
lower-division general education courses found within the Arkansas Course 16
Transfer System. 17
(2)(b) A state-supported institution of higher education that is 18
not in full compliance with this subchapter shall not be eligible to accept 19
state aid from the Higher Education Grants Fund Account on behalf of a 20
student. 21
(b)(1) A course designated as an upper -division course level may be 22
offered by any four-year state-supported institution of higher education and 23
shall be characterized by a need for advanced academic preparation and skills 24
that a student would be unlikely to achieve without significant prior 25
coursework. 26
(2) Upper-division courses are not required to be included in 27
the common course numbering system. 28
(c) A course designated as a lower -division course level may be 29
offered by any state -supported institution of higher education. 30
(d) The common course numbering system shall include the thirty -five-31
hour general education core and major program prerequisites that are included 32
in the state minimum core curriculum under § 6 -61-231. 33
34
SECTION 58. Arkansas Code § 6 -61-1403 is amended to read as follows: 35
6-61-1403. Additions or alterations. 36 SB246
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(a) The Commissioner of the Division of Higher Education shall 1
recommend to the Arkansas Higher Education Coordinating Board any additions 2
or alterations to the common course numbering system. 3
(b) The board, with input from the Presidents Council, shall consider 4
the recommended additions and alterations to the common course numbering 5
system. 6
(c) The board may adopt or refuse to adopt suggested additions or 7
alterations to the common course numbering system. 8
Beginning with the 2026 -2027 academic year, the Division of Higher 9
Education, in collaboration with the Division of Elementary and Secondary 10
Education, shall: 11
(1) Make recommendations for additions and alterations to the 12
common course numbering system; and 13
(2) Review the common course numbering system to begin aligning 14
elementary and secondary courses. 15
16
SECTION 59. Arkansas Code § 6 -61-1406 is amended to read as follows: 17
6-61-1406. Courses review. 18
(a) The Division of Higher Education , in consultation with the 19
Division of Elementary and Secondary Education, shall: 20
(1) Regularly schedule reviews of courses that are listed in the 21
common course numbering system; and 22
(2) Establish review procedures ; and 23
(3) Adopt policies to carry out this section. 24
(b) The Division of Higher Education, in collaboration with the 25
Division of Elementary and Secondary Education, may promulgate rules to 26
implement this subchapter. 27
28
SECTION 60. Arkansas Code § 6 -63-104 is amended to read as follows: 29
6-63-104. Faculty performance review. 30
(a)(1) The president and chancellor of each state -supported 31
institution of higher education in Arkansas shall work with the campus 32
faculties to develop a framework to review faculty performance, including 33
post-tenure review. 34
(2)(A) The framework should be used to develop processes and 35
procedures at each state-supported institution to ensure a consistently high 36 SB246
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level of performance of the faculty at Arkansas's publicly supported 1
institutions a state-supported institution of higher education. 2
(B) The effects of the review process of faculty 3
performance should include rewarding productive faculty, redirecting faculty 4
efforts to improve or to increase productivity, and correcting instances of 5
substandard performance. 6
(C) The framework developed by each state-supported 7
institution shall be reported to the House Committee on Education, the Senate 8
Committee on Education, the Joint Interim Oversight Committee on Education 9
Reform, and the Division of Higher Education no later than December 1, 1998 10
2025, and shall be implemented on the respective campuses no later than 11
January 1, 2001 2026. 12
(b)(1) Pursuant to subsection (a) of this section, each state -13
supported institution of higher education in Arkansas shall conduct a 14
rigorous, consistently applied, annual review of the performance of all full -15
time faculty members. 16
(2) This review shall include assessments by peers, students, 17
and administrators and shall be utilized to ensure a consistently high level 18
of performance and serve in conjunction with other appropriate information as 19
a basis for decisions on promotion, salary increases, and job tenure. The 20
evaluation by students and administrative staff, shall be applicable to all 21
teaching faculty, full -time, part-time, and graduate teaching assistants and 22
shall include an assessment of the fluency in English of the faculty member 23
or graduate teaching assistant. This review shall not be used to demote a 24
tenured faculty member to a nontenured status. 25
(3) The review process may result in the following corrective 26
actions: 27
(A) Remedial training; 28
(B) Removal of tenure status; or 29
(C) Any other action permitted by the state -supported 30
institution of higher education’s review policy. 31
(4)(A) A state-supported institution of higher education may 32
require an immediate for cause review of a faculty member as described in 33
subsection (f) of this section. 34
(B) A faculty member may appeal a state -supported 35
institution of higher education’s performance review decision in accordance 36 SB246
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with the provisions set by the state -supported institution of higher 1
education in its faculty performance review framework. 2
(C) A state-supported institution of higher education 3
shall provide a faculty member with appropriate due process. 4
(c)(1) Each college and university state-supported institution of 5
higher education shall continually make efforts to identify any English 6
fluency deficiencies of the teaching faculty and shall take reasonable 7
measures to assist deficient faculty members in becoming proficient in 8
English; however, the responsibility of acquiring the level of English 9
proficiency required for the faculty member's teaching, research, or service 10
assignments rests with the faculty member. 11
(2) Each college and university state-supported institution of 12
higher education shall have a process for addressing concerns raised by 13
students concerning language proficiency problems of faculty members. 14
(d)(1) The division A state-supported institution of higher education 15
shall be responsible for monitoring the evaluation performance review process 16
and shall report its findings to the Arkansas Higher Education Coordinating 17
Board and to the Legislative Council by August 1 of each year of all faculty 18
members. 19
(2) The state-supported institution of higher education shall 20
report by August 1 each year to its governing board the number of: 21
(A) Tenure track positions; 22
(B) Faculty members with current tenure status; 23
(C) Faculty members that initially received tenure status; 24
(D) Faculty members with tenure status in which tenure was 25
reviewed that year; and 26
(E) Faculty members whose tenure status was: 27
(i) Maintained; 28
(ii) Conditionally maintained; and 29
(iii) Revoked. 30
(e) Each state-supported institution of higher education shall require 31
full-time faculty members of the college of education and related disciplines 32
to work collaboratively with the accredited public schools in this state, and 33
such faculty involvement shall be included as part of the annual review of 34
the faculty as required by subsection (b) of this section. 35
(f) A state-supported institution of higher education may require an 36 SB246
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immediate for cause review of a faculty member, including a faculty member 1
with tenure, at any time if the state -supported institution of higher 2
education determines that the faculty member has: 3
(1) Exhibited professional incompetence in the performance of 4
his or her mandatory job duties; 5
(2) Continually or repeatedly failed to perform duties or meet 6
professional responsibilities of the faculty member's position; 7
(3) Failed to successfully complete any post -tenure review 8
professional development program; 9
(4) Violated laws or policies of a university system or a state -10
supported institution of higher education that are substantially related to 11
the performance of the faculty member's duties; 12
(5) Been convicted of a crime affecting the fitness of the 13
faculty member to engage in teaching, research, service, outreach, or 14
administration; 15
(6) Engaged in unprofessional conduct that adversely affects the 16
state-supported institution of higher education or the faculty member's 17
performance of duties or meeting of responsibilities; 18
(7) Falsified the faculty member's academic credentials; or 19
(8) Met any other for cause justification as defined in the 20
state-supported institution of higher education's review policy. 21
(g) The division may promulgate rules to implement this section. 22
23
SECTION 61. Arkansas Code § 6 -80-105 is amended to read as follows: 24
6-80-105. Student financial aid — Scholarship stacking — Definitions. 25
(a) As used in this section: 26
(1) “Cost of attendance” means the recognized cost of attendance 27
of an institution of higher education calculated under rules established by 28
the Division of Higher Education amount reported as the cost of attendance by 29
an institution of higher education to the Division of Higher Education 30
through the Integrated Postsecondary Education Data System ; 31
(2) “Federal aid” means scholarships or grants awarded to a 32
student as a result of the Free Application for Federal Student Aid, 33
excluding the Pell Grant; 34
(3) “Other aid” means a scholarship, grant, waiver, or 35
reimbursement for tuition, fees, books, or other cost of attendance, other 36 SB246
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than federal aid or state aid, provided to a student from a postsecondary 1
institution or a private source; 2
(4) “State aid” means scholarships or grants awarded to a 3
student from public funds, including without limitation the Arkansas Academic 4
Challenge Scholarship under § 6 -85-201 et seq., the Division of Higher 5
Education division's scholarship and grant programs, state general revenues, 6
tuition, and local tax revenue; and 7
(5)(A) “Student aid package” means federal aid, state aid, and 8
other aid a student receives for postsecondary education expenses. 9
(B) “Student aid package” does not include federal aid, 10
state aid, or other aid received by a student who is: 11
(i) An active member of the United States Armed 12
Forces; 13
(ii) An active member of the National Guard; 14
(iii) A member of the reserve components of the 15
armed forces; or 16
(iv) The spouse of a person under subdivision 17
(a)(5)(B)(i), subdivision (a)(5)(B)(ii), or subdivision (a)(5)(B)(iii) of 18
this section. 19
(b)(1) The federal cost of attendance method shall be used for all 20
students receiving state aid, regardless of whether a student is receiving 21
federal aid. 22
(2)(A) Costs that would not be included in the federal cost of 23
attendance shall not be included in the package for a student who receives 24
state aid. 25
(B) Exceptions to the normal federal cost of attendance 26
allowances as set forth in federal regulations may be included in the cost of 27
attendance calculations. 28
(C) Institutional work study is not included in cost of 29
attendance unless the institutional work study is need -based. 30
(3) A postsecondary institution shall not award state aid in a 31
student aid package in excess of the cost of attendance at the institution 32
where the student enrolls. 33
(2) For the purpose of stacking scholarships in a student's 34
student aid package, the Arkansas Academic Challenge Scholarship under § 6 -35
85-201 et seq. shall be reduced or returned first. 36 SB246
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(4) A two-year private postsecondary institution of higher 1
education shall not award state aid in a student aid package at a cost 2
greater than any two -year state-supported institution of higher education. 3
(5) A four-year private postsecondary institution of higher 4
education shall not award state aid in a student aid package at a cost 5
greater than any four -year state-supported institution of higher education. 6
(6) An institution of higher education shall award aid in the 7
following order: 8
(A) The Arkansas Academic Challenge Scholarship; 9
(B) Any other state scholarship program, excluding the 10
Arkansas Future Grant Program, Arkansas Teacher Academy Scholarship Program, 11
and Arkansas National Guard Tuition Waiver Program; 12
(C) The Arkansas Future Grant Program, Arkansas Teacher 13
Academy Scholarship Program, or Arkansas National Guard Tuition Waiver 14
Program; and 15
(D) Institutional aid. 16
(c) A postsecondary institution shall report to the division , no later 17
than September 30 of each year, the total amount of federal aid, state aid, 18
and other aid a student receives if the student receives an award from a 19
division scholarship or grant program, including the Arkansas Academic 20
Challenge Scholarship under § 6 -85-201 et seq. 21
(d)(1) When a student receives a student aid package that includes 22
state aid and the student aid package exceeds the cost of attendance, the 23
postsecondary institution shall repay state aid in the amount exceeding the 24
cost of attendance, starting with state aid received under the Arkansas 25
Academic Challenge Scholarship under § 6 -85-201 et seq utilizing the stacking 26
order under subdivision (b)(6) of this section . 27
(2) The division shall credit the excess state aid funds to the 28
appropriate division fund or trust account. 29
(e) A student awarded state aid shall disclose all state aid, federal 30
aid, and other aid to: 31
(1) The division if the division awards state aid to the 32
student; and 33
(2) A postsecondary institution that awards state aid or other 34
aid to the student. 35
(f) Except as otherwise provided by federal law, federal aid will be 36 SB246
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applied before state aid governed by this section. 1
2
SECTION 62. Arkansas Code Title 6, Chapter 80, Subchapter 1, is 3
amended to add an additional section to read as follows: 4
6-80-110. Utilization of the Classic Learning Test. 5
(a) A state-supported institution of higher education shall accept the 6
Classic Learning Test (CLT) examination to the same extent the state -7
supported institution of higher education accepts the ACT test and the SAT 8
test. 9
(b)(1) Subsection (a) of this section shall apply to admissions 10
criteria and eligibility criteria for state -funded financial assistance 11
programs. 12
(2) Subsection (a) of this section does not apply to 13
institutional assistance programs. 14
15
SECTION 63. Arkansas Code Title 6, Chapter 80, is amended to add an 16
additional subchapter to read as follows: 17
Subchapter 2 — Residency Classification for Scholarships at State -Supported 18
Institutions of Higher Education 19
20
6-80-201. Title. 21
This subchapter shall be known and may be cited as the “Residency 22
Classification for Scholarships at State -Supported Institutions of Higher 23
Education”. 24
25
6-80-202. Residency classification for tuition, fees, and scholarship 26
purposes. 27
(a)(1) In making decisions about the residency classification or 28
reclassification of a student for scholarship purposes, unless otherwise 29
specified by statute, a student shall be classified as an in -state resident 30
for scholarship purposes only if the student: 31
(A) Will graduate or has graduated from an Arkansas public 32
school, private school, or home school; or 33
(B) Established legal residency in Arkansas by being 34
physically present in Arkansas for at least six (6) continuous months with 35
the intent to remain. 36 SB246
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(2) Mere physical presence in Arkansas is not sufficient to 1
establish residency or demonstrate future intent under subdivision (a)(1)(B) 2
of this section. 3
(3) A student who claims in -state residency for purposes of 4
scholarship eligibility but receives Free Application for Federal Student Aid 5
(FAFSA) verification that he or she is not an in -state resident shall have 6
his or her scholarship amount reduced or rescinded to reflect the change in 7
residency status. 8
(b) A member of the United States Armed Forces who is stationed in 9
Arkansas under military orders, along with his or her dependents, is entitled 10
to classification as an in -state resident. 11
12
6-80-203. Duties and responsibilities of students. 13
(a)(1) It is the responsibility of each student, at the time of 14
registration, to seek the proper residency classification for tuition, fees, 15
and scholarship purposes. 16
(2) A participating state -supported institution of higher 17
education shall have a process for a student to appeal a residency 18
classification. 19
(b)(1) A student who knowingly gives false information to establish 20
residency shall be subject to dismissal by the state -supported institution of 21
higher education. 22
(2) An initial classification as an out -of-state student shall 23
not limit the right of a student to be reclassified later as a resident of 24
Arkansas for tuition, fee, and scholarship purposes provided that the student 25
can establish proof of legal residence in Arkansas. 26
27
SECTION 64. Arkansas Code § 6-81-604(6), concerning the grade point 28
average required for grant recipients under the Teacher Opportunity Program, 29
is amended to read as follows: 30
(6) Grant recipients shall maintain a cumulative grade point 31
average in their college work of no less than 2.5 on a 4.0 scale or maintain 32
an appropriate equivalent as determined by the Division of Higher Education. 33
34
SECTION 65. Arkansas Code § 6 -81-605 is amended to read as follows: 35
6-81-605. Grants — Priority. 36 SB246
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(a)(1) The first priority for the award of funds under the Teacher 1
Opportunity Program is the award of reimbursements for additional education 2
in: 3
(A) Science, technology, engineering, or mathematics 4
fields; 5
(B) Computer science; 6
(C) Literacy or reading; 7
(D) Prekindergarten education; or 8
(E) Special education. 9
(2) If funds are available after all awards are made under 10
subdivision (a)(1) of this section, then additional reimbursements awards may 11
be made in accordance with the following: 12
(A)(i) A teacher may receive an award if seeking dual 13
licensure in an additional subject area different from the subject area in 14
which the teacher is currently teaching, if he or she does not have a current 15
license for the additional subject area. 16
(ii) The amount of the award and the number of 17
recipients selected by the Division of Higher Education is contingent on the 18
appropriation and availability of funding for that purpose; 19
(B)(i) A student may receive reimbursements up to but not 20
in excess of the cost of his or her student fees, books, and instructional 21
supplies at the public institution of higher education in this state 22
assessing the highest rate of student fees an award that shall not exceed the 23
cost of tuition and fees required to complete six (6) semester credit hours 24
per academic year. 25
(ii) For purposes of award disbursement under 26
subdivision (a)(2)(B)(i) of this section, an academic year begins in the fall 27
semester and runs through the summer semester ; 28
(B) The reimbursements made to one (1) student within one 29
(1) fiscal year may not exceed the costs associated with six (6) semester 30
credit hours or the equivalent of six (6) semester credit hours; and 31
(C) All other requirements established by the Division of 32
Higher Education are met. 33
(b)(1) The Division of Higher Education shall determine priorities for 34
awarding reimbursements awards if there are more applicants than funds 35
available. 36 SB246
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(2) Priorities shall be determined in coordination with the 1
Division of Elementary and Secondary Education and shall be based on the 2
needs of the state. 3
4
SECTION 66. Arkansas Code § 6 -81-607(3), concerning the definition of 5
"student" under the Teacher Opportunity Program, is amended to add an 6
additional subdivision to read as follows: 7
(F) Any other subject matter as determined by the 8
division. 9
10
SECTION 67. Arkansas Code §§ 6 -81-608 and 6-81-609 are repealed. 11
6-81-608. Dual Licensure Incentive Program. 12
(a) There is created the Dual Licensure Incentive Program to encourage 13
classroom teachers currently employed by school districts in the state to 14
return to college to obtain licensure in one (1) or more additional subject 15
areas. 16
(b) The program shall be administered by the Division of Higher 17
Education. 18
(c)(1) A classroom teacher returning to college as a student may 19
receive a reimbursement not to exceed the cost of student fees, books, and 20
instructional supplies. 21
(2) The student fee reimbursement amount shall be based on the 22
student fees of the state -supported institution of higher education that 23
assesses the highest rate of student fees in this state. 24
(d) The reimbursement made to a classroom teacher returning to college 25
as a student in one (1) fiscal year may not exceed the cost associated with 26
six (6) semester credit hours or the equivalent of six (6) semester credit 27
hours. 28
29
6-81-609. Dual licensure funding. 30
(a)(1)(A) A classroom teacher employed by a school district in the 31
state may receive a reimbursement from the Dual Licensure Incentive Program 32
if the classroom teacher returns to an approved institution of higher 33
education to obtain licensure in an additional subject area: 34
(i) Declared to be a shortage area by the Division 35
of Elementary and Secondary Education; 36 SB246
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(ii) That the classroom teacher is currently teaching 1
but for which he or she does not have a licensure; or 2
(iii) And grade level in which the school district 3
has requested a waiver under § 6 -17-309. 4
(B)(i) A reimbursement from the Dual Licensure Incentive 5
Program shall include funding for the cost of tuition, books, and fees not to 6
exceed three thousand dollars ($3,000) each college year. 7
(ii) The amount of the reimbursement and the number 8
of reimbursement recipients selected by the Division of Higher Education is 9
contingent on the appropriation and availability of funding for such a 10
purpose. 11
(2) To be eligible for a reimbursement under the Dual Licensure 12
Incentive Program, the person shall be: 13
(A) Employed as a classroom teacher for no less than three 14
(3) years of teaching immediately preceding the application; and 15
(B) Accepted for enrollment in a classroom teacher 16
education program that will lead to a licensure to teach in a subject area 17
that: 18
(i) Is different from the classroom teacher's 19
current area of licensure; and 20
(ii) Either: 21
(a) Has been identified as a subject area with 22
a shortage of classroom teachers as declared by the Division of Elementary 23
and Secondary Education; or 24
(b) Is in the grade level and subject matter 25
area for which the school district has requested a waiver under § 6 -17-309. 26
(b)(1) The Arkansas Higher Education Coordinating Board shall 27
promulgate rules as necessary to implement the Dual Licensure Incentive 28
Program. 29
(2) The number of classroom teacher participants each year shall 30
be determined by the amount of funding available for the Dual Licensure 31
Incentive Program and the limitations set under this section. 32
33
SECTION 68. Arkansas Code § 6 -82-108(e), concerning funding of the 34
Academic Support Scholarship with certain remaining funds, is amended to read 35
as follows: 36 SB246
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(e) A scholarship under this section shall be funded with any funds 1
remaining after the division allocates sufficient funding to award Arkansas 2
Academic Challenge Scholarships under § 6 -85-201 et seq., and Arkansas 3
Workforce Challenge Scholarships under § 6 -85-301 et seq., and Arkansas 4
Concurrent Challenge Scholarships under § 6 -85-401 et seq. 5
6
SECTION 69. Arkansas Code § 6 -82-302 is amended to read as follows: 7
6-82-302. Definitions. 8
As used in this subchapter, unless the context otherwise requires: 9
(1) “Academic ability” means the intellectual standing of a 10
student. In determining superior academic ability, the Division of Higher 11
Education shall examine the student's high school records, competitive 12
examination scores, and demonstrated leadership capabilities; 13
(2) “Approved institution” means a public state-supported 14
institution of higher education or private college or university: 15
(A) Which is dedicated to educational purposes, located in 16
Arkansas, or located out of state and educating Arkansas residents in 17
dentistry, optometry, veterinary medicine, podiatry, chiropractic, or 18
osteopathy under agreement with the Southern Regional Education Board, 19
accredited by an accrediting agency certified and recognized by the United 20
States Department of Education or the Division of Agency Evaluation and 21
Institutional Accreditation, or a school giving satisfactory assurance that 22
it has the potential for accreditation and is making progress which, if 23
continued, will result in its achieving accreditation professional programs 24
not offered in the state under the Arkansas Health Education Grant Program ; 25
(B) Which does not discriminate in the admission of 26
students on the basis of race, color, religion, sex, or national origin; and 27
(C) Which subscribes to the principle of academic freedom; 28
(3) “Competitive examination” means a standardized examination 29
measuring achievement which is administered annually on a specified date and 30
at a specified location and which is announced publicly; 31
(4) “Eligible student” means a resident of the State of Arkansas 32
as defined by the Division of Higher Education who: 33
(A) Is eligible for admission as a full -time student; 34
(B) Declares an intent to matriculate in an approved 35
institution in Arkansas; and 36 SB246
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(C) Graduates from: 1
(i) A a high school in this state , for Arkansas 2
Governor's Scholars; or 3
(ii) A high school, for Arkansas Governor's 4
Distinguished Scholars ; 5
(5) "Exemplary academic achievement" means a student that 6
achieves exemplary performance, as determined by the division, based on one 7
(1) or more of the following: 8
(A) SAT, CLT, or ACT; 9
(B) High school grade point average; 10
(C) High school rank upon graduation; 11
(D) Associate degree upon graduation from high school; and 12
(E) Being a recipient of a diploma of distinction; 13
(5)(A)(6)(A) “Extraordinary academic ability” means: 14
(i) Achievement of a superscore, as defined by § 6 -15
85-204, of 32 or above on the ACT or a score of 1410 or above on the SAT; and 16
(ii) Either: 17
(a) For students graduating from high school 18
after December 31, 2001, A student graduating from high school with an 19
achievement of a high school grade point average of 3.5 or above on a 4.0 20
scale; or 21
(b) Selection as a finalist in either the 22
National Merit Scholarship competition, the National Hispanic Recognition 23
Program, or the National Achievement Scholarship competition conducted by the 24
National Merit Scholarship Corporation . 25
(B) For students graduating after December 31, 2001, the 26
The ACT superscores and SAT scores shall be earned by December 31 February 28 27
prior to the application deadline in order for the scores to be considered by 28
the Division of Higher Education division for a scholarship award; 29
(6)(7) “Full-time student” means a resident of Arkansas who is 30
in attendance at an approved private or public institution and who is 31
enrolled in at least twelve (12) credit hours the first semester and fifteen 32
(15) hours thereafter, or other reasonable academic equivalent as defined by 33
the Division of Higher Education division; 34
(7)(8) “Scholarship” means an award to an eligible student for 35
matriculation in an approved institution in the State of Arkansas; and 36 SB246
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(8)(9) “Undergraduate student” means an individual who is 1
enrolled in a postsecondary educational program which leads to or is directly 2
creditable toward the individual's first baccalaureate degree. 3
4
SECTION 70. Arkansas Code § 6 -82-306, concerning eligibility under the 5
Arkansas Governor's Scholars Program, is amended to add additional 6
subsections to read as follows: 7
(e) An Arkansas Governor’s Scholar shall be chosen based on a student 8
who: 9
(1) Graduates with a diploma of distinction based on criteria 10
determined by the State Board of Education; or 11
(2) Earns an associate degree upon completing the summer term 12
immediately following graduation from high school. 13
(f) An Arkansas Governor's Scholar shall be chosen based on a student 14
exhibiting the highest exemplary academic achievement if: 15
(1) There are no recipients of the Arkansas Governor's 16
Distinguished Scholarship; or 17
(2) An Arkansas Governor's Scholar under subsection (e) of this 18
section is not chosen in any given Arkansas county. 19
20
SECTION 71. Arkansas Code § 6 -82-310, concerning the use of funds 21
under the Arkansas Governor's Scholars Program, is amended to add an 22
additional subsection to read as follows: 23
(c) In the event the number of students who qualify for a scholarship 24
under this subchapter during an academic year exceeds the amount of funds 25
appropriated to the Higher Education Grants Fund Account for purposes of 26
funding students who qualify for a scholarship under this subchapter during 27
the given academic year, the excess awards that qualify for distribution 28
under this subchapter shall be funded with any net proceeds from the state 29
lottery remaining after the Division of Higher Education allocates sufficient 30
funding to award the following scholarships at levels equivalent to the 31
awards made in the previous academic year: 32
(1) Arkansas Academic Challenge Scholarship, § 6 -85-201 et seq.; and 33
(2) Arkansas Workforce Challenge Scholarship, § 6 -85-301 et seq. 34
35
SECTION 72. Arkansas Code Title 6, Chapter 82, Subchapter 5, is 36 SB246
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repealed. 1
Subchapter 5 — Children of Law Enforcement Officers, Etc. 2
3
6-82-501. Definitions. 4
As used in this subchapter: 5
(1) “Child” or “children” means any natural child, adopted 6
child, or stepchild who is eligible under § 6 -82-504; 7
(2) “Division of Community Correction employee” means any 8
employee of the Division of Community Correction who suffers fatal injuries 9
or wounds or becomes permanently and totally disabled as a result of injuries 10
or wounds that occurred through contact with parolees, probationers, or 11
center residents; 12
(3)(A) “Emergency medical services personnel” means an 13
individual licensed by the Department of Health at any level established by 14
the rules adopted by the State Board of Health under the Emergency Medical 15
Services Act, § 20-13-201 et seq., and authorized to perform those services 16
set forth in the rules. 17
(B) This shall include without limitation an emergency 18
medical technician, advanced emergency medical technician, paramedic, 19
emergency medical services instructor, or emergency medical services 20
instructor trainer; 21
(4) “Firefighter” means any firefighter employed on a full -time 22
or volunteer duty status while actually engaged in the performance of his or 23
her duties; 24
(5) “Law enforcement officer” means a: 25
(A) Constable, which includes all duly elected constables 26
of any beat of any county within the state while actually engaged in the 27
performance of their duties concerning the criminal laws of the county and 28
state; 29
(B) Game warden, which includes all appointed game wardens 30
employed by the State of Arkansas on a full -time duty status while actually 31
engaged in their duties concerning the game laws of this state; 32
(C) Municipal and college or university police officer, 33
which includes all law enforcement officers of any municipality, college, or 34
university who are regular duty personnel on full -time status and does not 35
include auxiliary officers or those serving on a temporary or part -time 36 SB246
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status; 1
(D) Sheriff or deputy sheriff, which includes all law 2
enforcement officers of full -time status on a regular basis serving the 3
sheriff's department of any county but does not include deputy sheriffs who 4
are engaged in administrative or civil duty or deputy sheriffs serving in a 5
temporary capacity or part -time basis; and 6
(E) State highway patrolman, which includes any law 7
enforcement officer, regardless of department or bureau, of the Division of 8
Arkansas State Police; 9
(6) “State correction employee” means any employee of the 10
Division of Correction or the Arkansas Correctional School District who 11
becomes subject to injury through contact with inmates or parolees of the 12
Division of Correction; 13
(7) “State forestry employee” means an employee of the Arkansas 14
Forestry Commission who is actively engaged in his or her duties of fighting 15
forest fires; 16
(8) “State highway employee” means any employee of the Arkansas 17
Department of Transportation who actively engages in highway maintenance, 18
construction, or traffic operations on the roadways and bridges of the state 19
highway system while the roadways and bridges are open for use by the 20
traveling public; 21
(9) “State parks employee” means any employee of the Department 22
of Parks, Heritage, and Tourism who is a commissioned law enforcement officer 23
or emergency response employee while actively engaged in the performance of 24
his or her duties; and 25
(10) “Teacher” means any person employed by a public school for 26
the purpose of giving instruction and whose employment requires state 27
certification. 28
29
6-82-502. Rules. 30
The Arkansas Higher Education Coordinating Board is directed and 31
empowered to promulgate rules as necessary to administer benefits awarded 32
under this subchapter by the Arkansas State Claims Commission. 33
34
6-82-503. Entitlement. 35
(a) If any Arkansas law enforcement officer, full -time or volunteer 36 SB246
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firefighter, emergency medical technician, state highway employee, state 1
correction employee, Division of Community Correction employee, state parks 2
employee, teacher, or state forestry employee suffers fatal injuries or 3
wounds or becomes permanently and totally disabled as a result of injuries or 4
wounds that occurred in the performance of a hazardous duty within the scope 5
of his or her employment or that occurred en route to or returning from a 6
location where a hazardous situation existed, his or her children and spouse 7
shall be entitled to a total of eight (8) semesters, or the equivalent 8
thereof, of scholarship awards without cost, exclusive of books, food, school 9
supplies, materials, and dues or fees for extracurricular activities, at any 10
state-supported college, university, or technical institute of his or her 11
choice within this state. Up to four (4) semesters, or the equivalent 12
thereof, may be taken at a technical institute. 13
(b) Scholarship benefits shall not accrue under this subchapter to any 14
person if the wounds or injuries suffered by any law enforcement officer, 15
firefighter, emergency medical technician, state highway employee, state 16
correction employee, Division of Community Correction employee, state parks 17
employee, teacher, or state forestry employee are self -inflicted or if the 18
death is self-induced. 19
(c) Unless § 6-82-504(e) is applicable, the Arkansas State Claims 20
Commission shall award any scholarship benefit provided by this subchapter at 21
the same time that any death benefit or total and permanent disability 22
benefit is awarded by the commission under the provisions of § 21 -5-701 et 23
seq. 24
25
6-82-504. Awards to children. 26
(a) In order for a natural child to be eligible to receive a 27
scholarship benefit: 28
(1) The child must have been born prior to the date of the death 29
or total and permanent disability of the law enforcement officer, 30
firefighter, emergency medical technician, state highway employee, state 31
correction employee, Division of Community Correction employee, state parks 32
employee, teacher, or state forestry employee; or 33
(2) The law enforcement officer, firefighter, emergency medical 34
technician, state highway employee, state correction employee, Division of 35
Community Correction employee, state parks employee, teacher, or state 36 SB246
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forestry employee or the spouse of the law enforcement officer, firefighter, 1
emergency medical technician, state highway employee, state correction 2
employee, Division of Community Correction employee, state parks employee, 3
teacher, or state forestry employee must have been pregnant with the child at 4
the time of the death or total and permanent disability of the law 5
enforcement officer, firefighter, emergency medical technician, state highway 6
employee, state correction employee, Division of Community Correction 7
employee, state parks employee, teacher, or state forestry employee. 8
(b) In order for an adopted child to be eligible to receive a 9
scholarship benefit: 10
(1) The child must have been adopted prior to the date of the 11
death or total and permanent disability of the law enforcement officer, 12
firefighter, emergency medical technician, state highway employee, state 13
correction employee, Division of Community Correction employee, state parks 14
employee, teacher, or state forestry employee; or 15
(2) The child's adoption process must have begun prior to the 16
date of the death or total and permanent disability of the law enforcement 17
officer, firefighter, emergency medical technician, state highway employee, 18
state correction employee, Division of Community Correction employee, state 19
parks employee, teacher, or state forestry employee. 20
(c) In order for a stepchild under nineteen (19) years of age to be 21
eligible to receive a scholarship benefit: 22
(1) The stepchild must have been listed as a dependent on the 23
federal and state income tax returns of the law enforcement officer, 24
firefighter, emergency medical technician, state highway employee, state 25
correction employee, Division of Community Correction employee, state parks 26
employee, teacher, or state forestry employee in each of the five (5) income 27
years immediately prior to the date of the death or total and permanent 28
disability of the law enforcement officer, firefighter, emergency medical 29
technician, state highway employee, state correction employee, Division of 30
Community Correction employee, state parks employee, teacher, or state 31
forestry employee; and 32
(2) The stepchild must have received more than one -half (½) of 33
his or her financial support from the law enforcement officer, firefighter, 34
emergency medical technician, state highway employee, state correction 35
employee, Division of Community Correction employee, state parks employee, 36 SB246
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teacher, or state forestry employee in each of the five (5) income years 1
immediately prior to the date of the death or total and permanent disability 2
of the law enforcement officer, firefighter, emergency medical technician, 3
state highway employee, state correction employee, Division of Community 4
Correction employee, state parks employee, teacher, or state forestry 5
employee. 6
(d) In order for a stepchild nineteen (19) years of age or older to be 7
eligible to receive a scholarship benefit: 8
(1) The stepchild must have been listed as a dependent on the 9
federal and state income tax returns of the law enforcement officer, 10
firefighter, emergency medical technician, state highway employee, state 11
correction employee, Division of Community Correction employee, state parks 12
employee, teacher, or state forestry employee in each of five (5) income 13
years during the eight (8) years immediately prior to the date of the death 14
or total and permanent disability of the law enforcement officer, 15
firefighter, emergency medical technician, state highway employee, state 16
correction employee, Division of Community Correction employee, teacher, 17
state parks employee, or state forestry employee; and 18
(2) The stepchild must have received more than one -half (½) of 19
his or her financial support from the law enforcement officer, firefighter, 20
emergency medical technician, state highway employee, state correction 21
employee, Division of Community Correction employee, state parks employee, 22
teacher, or state forestry employee in each of five (5) income years during 23
the eight (8) years immediately prior to the date of the death or total and 24
permanent disability of the law enforcement officer, firefighter, emergency 25
medical technician, state highway employee, state correction employee, 26
Division of Community Correction employee, state parks employee, teacher, or 27
state forestry employee. 28
(e) If the covered public employee or his or her heirs did not file 29
for the available death or disability benefit, but were otherwise eligible to 30
receive, within the time frame provided in § 21 -5-703, then the covered 31
public employee's child or children who would have otherwise been eligible to 32
receive the provided educational scholarship benefit under this section may 33
individually file prior to their twenty -first birthdays a claim to receive 34
the provided educational scholarship benefit. 35
36 SB246
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6-82-505. Limits for scholarship. 1
(a) No child will be entitled to receive benefits under this 2
subchapter during any semester or quarter when the child has reached twenty -3
three (23) years of age on or before the first day of the semester or 4
quarter. 5
(b) No spouse will be eligible for the education benefit if he or she 6
remarries. The benefit will cease at the end of the semester at which the 7
spouse is currently enrolled at the time of the marriage. 8
9
6-82-506. Written application for benefits. 10
Any person claiming benefits awarded by the Arkansas State Claims 11
Commission under the provisions of this subchapter shall make written 12
application with the Division of Higher Education on forms provided by the 13
division. 14
15
6-82-507. Renewal of scholarship. 16
To retain eligibility for a scholarship benefit under this subchapter, 17
a recipient shall: 18
(1) Maintain a minimum of a 2.0 grade point average on a 4.0 19
scholastic grading scale; and 20
(2) Meet any other continuing eligibility criteria established 21
by the Division of Higher Education. 22
23
SECTION 73. Arkansas Code § 6 -82-601(i)(3), concerning funding by 24
certain scholarships related to tuition waivers for dependents of certain 25
veterans, is repealed. 26
(3) Arkansas Concurrent Challenge Scholarship, § 6 -85-401 et 27
seq. 28
29
SECTION 74. Arkansas Code § 6 -82-1802(c), concerning continuing 30
eligibility under the Arkansas Future Grant Program, is amended to read as 31
follows: 32
(c) A student may continue to be eligible until the student has: 33
(1) Received the grant for five (5) academic semesters a maximum 34
of seventy-five (75) course credit hours in which the student is enrolled ; 35
(2) Obtained an associate degree; or 36 SB246
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(3) Failed to maintain satisfactory academic progress, as 1
determined by the approved institution of higher education in which the 2
student is enrolled; or 3
(4) Failed to complete the mentoring or community service 4
requirements under § 6 -82-1804. 5
6
SECTION 75. Arkansas Code § 6 -82-1803(a)(1), concerning distribution 7
of the Arkansas Future Grant Program, is amended to read as follows: 8
(a)(1) An Arkansas Future Grant shall be in: 9
(A) Distributed in accordance with the Division of Higher 10
Education's stacking policy under § 6-80-105; and 11
(B) In an amount equal to the tuition, fees, and other 12
charges incurred by a student who meets the requirements under § 6 -82-1802 to 13
attend an approved institution of higher education less the amount the 14
student receives in: 15
(A) State-supported student financial assistance; 16
(B) Federal student financial assistance; and 17
(C) Private scholarships . 18
19
SECTION 76. Arkansas Code § 6 -82-1804(a), concerning the written 20
agreement requirements for a recipient of an Arkansas Future Grant, is 21
amended to read as follows: 22
(a)(1) A student who receives an Arkansas Future Grant shall enter 23
into a written agreement with the Division of Higher Education to : 24
(1)(A) Receive monthly mentoring from a mentor from an 25
organization determined by the Division of Higher Education. 26
(B) A mentor under subdivision (a)(1)(A) of this section 27
shall: 28
(i) Receive annual mentoring training: 29
(a) Developed by the Division of Higher 30
Education; and 31
(b) Provided by a local volunteer group 32
approved by the Division of Higher Education; and 33
(ii) Certify to the Division of Higher Education 34
that at least one (1) time each semester the mentor has provided mentoring 35
services by telephone, email, or in person to each student he or she is 36 SB246
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mentoring; 1
(2)(A) Complete at least ten (10) hours of community service 2
each semester the student receives a grant. 3
(B)(i) A student may select a community service project 4
that meets requirements developed by the Division of Higher Education. 5
(ii) An approved institution of higher education may 6
provide community services opportunities designed to benefit the approved 7
institution of higher education community or the broader local community. 8
(C) A student shall certify his or her community service 9
to the approved institution of higher education by the last regular day of 10
the semester the student received the grant; and 11
(3)(A) Reside reside in this state for three (3) consecutive 12
years six (6) months and be employed beginning within six (6) months after 13
receiving an associate degree or a certification. 14
(B)(2) The Division of Higher Education may defer the 15
requirement under subdivision (a)(3)(A) subdivision (a)(1) of this section 16
if: 17
(i)(A) The Division of Higher Education, in 18
consultation with the Division of Workforce Services, determines that there 19
was no employment position available that would reasonably enable the student 20
to meet this requirement; or 21
(ii)(B) Special circumstances as determined by the 22
Division of Higher Education exist. 23
(C)(3) After the period of deferral, the student shall 24
begin or resume working in this state or become subject to repayment under 25
subsection (b) of this section. 26
27
SECTION 77. Arkansas Code § 6 -82-2205(b), concerning the requirements 28
for an eligible postsecondary institution under the Arkansas Teacher Academy 29
Scholarship Program, is amended to read as follows: 30
(b) An eligible postsecondary institution may : 31
(1) Develop develop a portfolio of teacher preparation programs 32
to offer as part of its Arkansas Teacher Academy ; 33
(2)(A) Give priority to students in grades eleven (11) and 34
twelve (12). 35
(B) However, an eligible postsecondary institution shall 36 SB246
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not exclude students in grades nine (9) and ten (10) from its Arkansas 1
Teacher Academy; and 2
(3)(A) Use scholarship funds that exceed the cost of tuition and 3
fees at the eligible postsecondary institution to support its Arkansas 4
Teacher Academy costs. 5
(B) However, if a scholarship awarded to an academy 6
attendee under this subchapter does not cover the eligible postsecondary 7
institution's tuition and fees after an academy attendee receives all other 8
financial gifts, financial aid, and grants, the eligible postsecondary 9
institution shall not charge an academy attendee awarded a scholarship under 10
this subchapter the remaining difference . 11
12
SECTION 78. Arkansas Code § 6 -82-2206(a), concerning scholarships 13
under the Arkansas Teacher Academy Scholarship Program, is amended to read as 14
follows: 15
(a)(1) An Effective beginning the 2025 -2026 academic year, an eligible 16
postsecondary institution shall provide to each academy attendee who is 17
accepted and enrolled in its Arkansas Teacher Academy program an annual 18
scholarship, not to exceed the maximum award as determined by the Division of 19
Higher Education each eligible semester, up to the actual cost of the: 20
(A) Eligible postsecondary institution's tuition and fees 21
for a maximum of: 22
(i) Two (2) academic years , or four (4) academic 23
semesters, not to exceed sixty (60) academic hours, or completion of the 24
program for an academy attendee who is a graduate student enrolled in the 25
Arkansas Teacher Academy at the eligible postsecondary institution; 26
(ii) Four (4) academic years , or eight (8) academic 27
semesters, not to exceed one hundred twenty (120) academic hours, or 28
completion of the program for an undergraduate student enrolled in the 29
Arkansas Teacher Academy at the eligible postsecondary institution; and 30
(iii)(a) Two (2) academic years , or four (4) 31
academic semesters, not to exceed sixty (60) academic hours, or completion of 32
the program for a community college student enrolled in the Arkansas Teacher 33
Academy at the eligible postsecondary institution. 34
(b) A student who qualifies under subdivision 35
(a)(1)(A)(iii)(a) of this section shall receive continued eligibility for two 36 SB246
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(2) additional academic years or four (4) additional academic semesters at a 1
postsecondary institution that is an undergraduate institution; and 2
(B) Obtainment of a teaching license issued by the State 3
Board of Education, including without limitation the actual cost of one (1) 4
exam required for obtaining a teaching license issued by the state board. 5
(2) A scholarship distributed to an academy attendee under 6
subdivision (a)(1) of this section shall be distributed only after all other 7
financial gifts, financial aid, and grants have been received by an academy 8
attendee enrolled in an Arkansas Teacher Academy at an eligible postsecondary 9
institution in accordance with the division's scholarship stacking policy 10
under § 6-80-105. 11
(3) In compliance with the division's scholarship stacking 12
policy, a student's total financial aid package, which can include multiple 13
scholarships, shall not exceed the recognized cost of attendance at a state -14
supported institution of higher education. 15
16
SECTION 79. Arkansas Code Title 6, Chapter 82 is amended to add an 17
additional subchapter to read as follows: 18
Subchapter 25 — Arkansas Heroes Scholarship Act 19
20
6-82-2501. Title. 21
This subchapter shall be known and may be cited as the "Arkansas Heroes 22
Scholarship Act". 23
24
6-82-2502. Purpose. 25
The purpose of this subchapter is to create a scholarship to be known 26
as the "Arkansas Heroes Scholarship" that honors the heroic efforts of the 27
individuals who served as Arkansas's heroes and their families. 28
29
6-82-2503. Definitions. 30
(a) As used in this subchapter: 31
(1) “Arkansas hero” means: 32
(A) One (1) of the following who suffers a fatal injury or 33
wound or becomes permanently and totally disabled as a result of injuries or 34
wounds that occurred in the performance of a hazardous duty within the scope 35
of his or her employment or that occurred en route to or returning from a 36 SB246
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location where a hazardous situation existed: 1
(i) A law enforcement officer; 2
(ii) A firefighter; 3
(iii) An emergency medical technician; 4
(iv) A state highway employee; 5
(v) A state correction employee; 6
(vi) A Division of Community Correction employee; 7
(vii) A state parks employee; or 8
(viii) A state forestry employee; 9
(B) A disabled veteran; 10
(C) A prisoner of war; 11
(D) A recipient of a Medal of Honor or Purple Heart; 12
(E) A person declared to be missing in action or killed in 13
action; 14
(F) A person killed on ordnance delivery; 15
(G) A teacher who suffers a fatal injury or wound or 16
becomes permanently and totally disabled as a result of injuries or wounds 17
that occurred due to an act of violence at a public school or open -enrollment 18
charter school in this state; 19
(2) “Child” means a natural child, an adopted child, or a 20
stepchild who is eligible to receive a scholarship under this subchapter; 21
(3) “Disabled veteran” means a person who has been awarded 22
either: 23
(A) United States Armed Forces disability retirement 24
benefits; or 25
(B) Special monthly compensation by the United States 26
Department of Veterans Affairs for service -connected, one hundred percent 27
(100%) total and permanent disability; 28
(4) “Division of Community Correction employee” means an 29
employee of the Division of Community Correction who suffers a fatal injury 30
or wound or becomes permanently and totally disabled because of an injury or 31
wound that occurred through contact with a parolee, probationer, or center 32
resident; 33
(5)(A) “Emergency medical services personnel” means an 34
individual licensed by the Department of Health at any level established by 35
the rules adopted by the State Board of Health under the Emergency Medical 36 SB246
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Services Act, § 20-13-201 et seq., and authorized to perform the services 1
under the rules. 2
(B) "Emergency medical services personnel" includes 3
without limitation: 4
(i) An emergency medical technician; 5
(ii) An advanced emergency medical technician; 6
(iii) A paramedic; 7
(iv) An emergency medical services instructor; and 8
(v) An emergency medical services instructor 9
trainer; 10
(6) “Firefighter” means a firefighter employed on a full -time or 11
volunteer status while actually engaged in the performance of his or her 12
duties; 13
(7) “Law enforcement officer” means a: 14
(A) Constable, including without limitation all elected 15
constables of any beat of any county within the state while actually engaged 16
in the performance of his or her duties concerning the criminal laws of the 17
county and state; 18
(B) Game warden, including without limitation all 19
appointed game wardens employed by the state on a full -time status while 20
actually engaged in his or her duties concerning the game laws of this state; 21
(C)(i) Municipal and a state -supported institution of 22
higher education police officer, including without limitation all law 23
enforcement officers of any municipality or state -supported institution of 24
higher education who are regular duty personnel on full -time status. 25
(ii) Municipal and a state -supported institution of 26
higher education police officer does not include auxiliary officers or those 27
serving on a temporary or part -time status; 28
(D)(i) Sheriff or deputy sheriff, including without 29
limitation all law enforcement officers on full -time status on a regular 30
basis serving the sheriff's department of any county. 31
(ii) Sheriff or deputy sheriff does not include a 32
deputy sheriff who is: 33
(a) Engaged in administrative or civil duty; 34
or 35
(b) Serving in a temporary capacity or part -36 SB246
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time status; 1
(E) State highway patrolman, including without limitation 2
any law enforcement officer, regardless of department or bureau, of the 3
Division of Arkansas State Police; and 4
(F) Any other person employed by the State of Arkansas or 5
a political subdivision of the State of Arkansas as an appointed law 6
enforcement officer who is responsible for the prevention and detection of 7
crime and the enforcement of the criminal, traffic, or highway laws of this 8
state; 9
(8) “Ordnance delivery” means the piloting of or flying in an 10
experimental or test aircraft while determining its fitness or ability to 11
perform its military function or mission; 12
(9)(A) “Prisoner of war”, “person missing in action”, “person 13
killed in action”, and “person killed on ordnance delivery” mean a person 14
who: 15
(i) Was a resident of the State of Arkansas at the 16
time that person entered the service of the United States Armed Forces or 17
whose official residence is within the State of Arkansas; and 18
(ii) Who, while serving in the United States Armed 19
Forces, has been declared to be a prisoner of war, a person missing in 20
action, a person killed in action as established by the United States 21
Secretary of Defense after January 1, 1960, or a person killed on ordnance 22
delivery. 23
(B) “Prisoner of war”, “person missing in action”, “person 24
killed in action”, and “person killed on ordnance delivery” apply whether or 25
not capture or death occurred during a declared war or as a result of hostile 26
action. 27
(C) A death as a result of injuries received while serving 28
in the United States Armed Forces or Arkansas National Guard is only covered 29
by this subdivision (a)(9) if the death occurred while on active duty or 30
state active duty; 31
(10) “State correction employee” means an employee of the 32
Division of Correction or the Arkansas Correctional School District who 33
becomes subject to injury through contact with an inmate or parolee of the 34
Division of Correction; 35
(11) “State forestry employee” means an employee of the Arkansas 36 SB246
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Forestry Commission who is actively engaged in his or her duties of fighting 1
forest fires; 2
(12) “State highway employee” means an employee of the Arkansas 3
Department of Transportation who actively engages in highway maintenance, 4
construction, or traffic operations on the roadways and bridges of the state 5
highway system while the roadways and bridges are open for use by the 6
traveling public; 7
(13) “State parks employee” means an employee of the Department 8
of Parks, Heritage, and Tourism who is a commissioned law enforcement officer 9
or emergency response employee while actively engaged in the performance of 10
his or her duties; 11
(14) “Teacher” means a person employed by a public school 12
district for the purpose of providing direct instruction to students and 13
whose employment requires state certification; and 14
(15) “United States Armed Forces dependent” means a spouse, a 15
child born to or conceived by, an adopted child, a child under legal 16
guardianship, or a stepchild of a: 17
(A) Disabled veteran; 18
(B) Prisoner of war; or 19
(C) Person declared to be: 20
(i) Missing in action; 21
(ii) Killed in action; or 22
(iii) Killed on ordnance delivery. 23
24
6-82-2504. Rules. 25
The Division of Higher Education may promulgate rules to implement this 26
subchapter. 27
28
6-82-2505. Eligibility for Arkansas Heroes Scholarship. 29
(a) Eligibility for the Arkansas Heroes Scholarship requires one (1) 30
of the following: 31
(1) The student has been an Arkansas resident for at least one 32
(1) year before submitting a scholarship application; 33
(2) The student was born before the date of the death or 34
disability of the Arkansas hero; or 35
(3) The Arkansas hero or the spouse of the Arkansas hero was 36 SB246
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pregnant with the student at the time of the death or disability of the 1
Arkansas hero. 2
(b) In order for an adopted child to be eligible to receive a 3
scholarship benefit: 4
(1) The adopted child is required to have been adopted before 5
the date of the death or disability of the Arkansas hero; or 6
(2) The adopted child's adoption process is required to have 7
begun before the date of the death or disability of the Arkansas hero. 8
(c) In order for a stepchild under nineteen (19) years of age to be 9
eligible to receive a scholarship benefit, the stepchild under nineteen (19) 10
years of age shall have: 11
(1) Been listed as a dependent on the federal and state income 12
tax returns of the Arkansas hero in each of the five (5) income years 13
immediately before the date of the death or disability of the Arkansas hero; 14
and 15
(2) Received more than one -half (1/2) of his or her financial 16
support from the Arkansas hero in each of the five (5) income years 17
immediately before the date of the death or disability of the Arkansas hero. 18
(d) In order for a stepchild who is nineteen (19) years of age or 19
older to be eligible to receive a scholarship benefit, the stepchild who is 20
nineteen (19) years or older shall have: 21
(1) Been listed as a dependent on the federal and state income 22
tax returns of the Arkansas hero in at least five (5) of the eight (8) income 23
years immediately before the date of the death or disability of the Arkansas 24
hero; and 25
(2) Received more than one -half (1/2) of his or her financial 26
support from the Arkansas hero in at least five (5) of the eight (8) income 27
years immediately before the date of the death or disability of the Arkansas 28
hero. 29
(e) If a covered public employee, as defined in § 21 -5-701, or his or 30
her heirs did not file for the available death or disability benefit but were 31
otherwise eligible to receive the death or disability benefit within the time 32
frame provided in § 21 -5-703, then the covered public employee's child or 33
children who would have otherwise been eligible to receive the provided 34
educational scholarship benefit under this section may individually file 35
before his or her twenty -first birthday a claim to receive the provided 36 SB246
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educational scholarship benefit if: 1
(1) The student is considered a United States Armed Forces 2
dependent as provided in § 6 -82-2503; or 3
(2) The student is a dependent of an Arkansas hero who suffered 4
fatal injuries or wounds or becomes disabled as a result of injuries or 5
wounds that occurred in the performance of a hazardous duty within the scope 6
of his or her employment or that occurred en route to or returning from a 7
location where a hazardous situation existed. 8
(f) Scholarship benefits may not accrue under this subchapter to a 9
person if the wound or injury suffered by an Arkansas hero is self -inflicted 10
or if the death of an Arkansas hero is self -inflicted. 11
(g) Unless subsection (e) of this section is applicable, the Arkansas 12
State Claims Commission shall award any scholarship benefit provided by this 13
subchapter at the same time that any death benefit or disability benefit is 14
awarded by the commission under the provisions of § 21 -5-701 et seq. 15
16
6-82-2506. Eligibility restrictions. 17
(a) A child shall not be entitled to receive benefits under this 18
subchapter during any semester or quarter when the child has reached twenty -19
six (26) years of age on or before the first day of the semester or quarter. 20
(b)(1) A spouse shall not be eligible to receive benefits under this 21
subchapter if he or she remarries. 22
(2) The benefits under this subchapter shall cease at the end of 23
the semester in which the spouse is currently enrolled at the time of the 24
marriage. 25
26
6-82-2507. Applications. 27
(a) An eligible student shall apply to the Division of Higher 28
Education for benefits under this subchapter. 29
(b) A United States Armed Forces dependent shall: 30
(1) Apply for the Survivors' and Dependents' Educational 31
Assistance program, 38 U.S.C. § 3500 et seq., as it existed on January 1, 32
2025, with the United States Department of Veterans Affairs; and 33
(2) Provide the division with proof of: 34
(A) Acceptance into the Survivors’ and Dependents’ 35
Educational Assistance program; or 36 SB246
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(B) Noneligibility for the Survivors’ and Dependents’ 1
Educational Assistance program following application. 2
(c) Except as provided under subsection (d) of this section, a 3
dependent of an Arkansas hero, upon his or her being accepted for enrollment 4
into any private, nonprofit institution of higher education in the State of 5
Arkansas or a state-supported institution of higher education in the State of 6
Arkansas, may obtain his or her first bachelor's degree for so long as he or 7
she is eligible with state assistance for tuition, fees, or other charges as 8
provided under this subsection. 9
(d)(1) The state assistance under this subchapter is limited to the 10
tuition, fees, or other charges that exceed the amount of monetary benefits 11
the dependent is eligible to receive from the Survivors' and Dependents' 12
Educational Assistance program during the months included in each semester in 13
which the dependent is enrolled. 14
(2) If the dependent is not eligible for monetary benefits from 15
the Survivors' and Dependents' Educational Assistance program but is eligible 16
for the benefits under this subchapter, the dependent may obtain a bachelor's 17
degree free of tuition, fees, or other charges from a private, nonprofit 18
institution of higher education in this state or a state -supported 19
institution of higher education in this state. 20
(3) However, the state assistance awarded to a dependent 21
attending a private, nonprofit institution of higher education in this state 22
shall not exceed the maximum amount of state assistance awarded to dependents 23
attending a state-supported institution of higher education in this state. 24
(e) Once a person qualifies as a dependent under this subchapter, 25
there shall be no situation such as the return of the parent or the reported 26
death of the parent that will remove the dependent from the provisions or 27
benefits of this subchapter. 28
(f) An eligible recipient shall receive a scholarship for one (1) 29
academic year, renewable for up to three (3) additional academic years if the 30
recipient meets continuing eligibility criteria established by the division. 31
(g) In compliance with the division's scholarship stacking policy, a 32
student's total financial aid package, which can include multiple 33
scholarships, shall not exceed the recognized cost of attendance at a state -34
supported institution of higher education. 35
(h) In the event the number of students who qualify for a scholarship 36 SB246
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under this subchapter during an academic year exceeds the amount of funds 1
appropriated to the Higher Education Grants Fund Account for purposes of 2
funding students who qualify for scholarship under this subchapter during the 3
given academic year, the excess awards that qualify for distribution under 4
this subchapter shall be funded with any net proceeds from the state lottery 5
remaining after the division allocates sufficient funding to award the 6
following scholarships at levels equivalent to the awards made in the 7
previous academic year: 8
(1) Arkansas Academic Challenge Scholarship, § 6 -85-201 et seq.; 9
and 10
(2) Arkansas Workforce Challenge Scholarship, § 6 -85-301 et seq. 11
12
6-82-2508. Scholarship funding and continued eligibility. 13
(a) The state assistance under this subchapter is limited to the 14
tuition, fees, and other expenses required for the first bachelor’s degree 15
earned by the dependent. 16
(b)(1) An eligible dependent shall be entitled to a total of eight (8) 17
semesters, or the equivalent thereof, of scholarship awards without cost, 18
exclusive of books, food, school supplies, materials, and dues or fees for 19
extracurricular activities, at any state -supported institution of higher 20
education or technical institute of his or her choice within this state. 21
(2) The eligible dependent may take up to four (4) semesters, or 22
the equivalent thereof, at a technical institute. 23
(c) To retain eligibility for a scholarship benefit under this 24
subchapter, a recipient shall: 25
(1) Maintain a minimum of a 2.0 grade point average on a 4.0 26
scholastic grading scale; and 27
(2) Meet any other continuing eligibility criteria established 28
by the Division of Higher Education. 29
(d) If a recipient fails to meet eligibility criteria, he or she may 30
apply for state assistance under this subchapter a maximum of one (1) 31
additional time once eligibility is reestablished. 32
33
SECTION 80. Arkansas Code § 6-85-207 is amended to read as follows: 34
6-85-207. Additional eligibility requirements for traditional students. 35
In addition to the basic eligibility requirements of § 6 -85-206, an 36 SB246
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applicant is eligible as a traditional student if the applicant either: 1
(1)(A) Graduated from an Arkansas public high school and has a 2
minimum superscore of nineteen (19) on the ACT or the equivalent score on an 3
ACT equivalent; or 4
(B) Upon graduation from high school: 5
(i) Achieved a minimum grade point average of 3.0 6
during high school; 7
(ii) Completed at least one (1) college readiness 8
assessment; and 9
(iii)(a) Achieved a diploma of merit as defined in 10
rules promulgated by the State Board of Education. 11
(b) Proof of attainment of the diploma of 12
merit under subdivision (1)(B)(iii)(a) of this section shall be submitted 13
with the student's scholarship application; or 14
(2)(A) Has a disability identified under the Individuals with 15
Disabilities Education Act, 20 U.S.C. § 1400 et seq., as it existed on July 16
1, 2009, and graduated from an Arkansas public high school, and either: meets 17
the requirements defined in subdivision (1) of this section. 18
(A) Had a minimum composite score of nineteen (19) on the 19
ACT or the equivalent score on an ACT equivalent; or 20
(B) Scored proficient or higher on all state -mandated end-21
of-course assessments, including without limitation end -of-course assessments 22
on: 23
(i) Algebra I; 24
(ii) Geometry; 25
(iii) Biology; and 26
(iv) Literacy; 27
(3) Achieved a minimum superscore of nineteen (19) on the ACT or 28
the equivalent score on an ACT equivalent and: 29
(B) A student shall also meet one (1) of the following 30
eligibility requirements: 31
(A) Graduated (i) Graduate from a private high school, an 32
out-of-state high school, or a home school high school; or 33
(B)(ii) In the year in which the student would have been a 34
junior or senior in high school, completed the requirements for high school 35
graduation and obtained a high school equivalency diploma approved by the 36 SB246
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Adult Education Section instead of receiving a diploma; or 1
(4)(iii) Meets one (1) of the following criteria: 2
(A)(a) Was enrolled at an institution of higher education 3
in the immediately preceding academic year as a full -time, first-time 4
freshman; 5
(B)(b) Did not receive a scholarship under this subchapter 6
as a full-time, first-time freshman; 7
(C)(c) Successfully completed with the equivalent of a 8
minimum letter grade of “D” at least twenty -seven (27) semester hours of 9
courses as a full-time, first-time freshman; and or 10
(D)(d) Achieved a postsecondary grade point average of at 11
least 2.5 on a 4.0 scale as a full -time, first-time freshman. 12
13
SECTION 81. Arkansas Code § 6 -85-212(d)(1)(A), concerning scholarship 14
award amounts under the Arkansas Academic Challenge Scholarship Program, is 15
amended to read as follows: 16
(d)(1)(A) Subject to the availability of net revenue, the scholarship 17
award amount under this subchapter for an academic year for a full -time 18
recipient enrolled in a four -year approved institution of higher education 19
is: 20
(i) One Two thousand dollars ($1,000) ($2,000) for a 21
recipient who has earned less than twenty -seven (27) semester credit hours; 22
(ii) Four thousand dollars ($4,000) for a recipient 23
who has earned at least twenty -seven (27) semester credit hours but less than 24
fifty-seven (57) semester credit hours; 25
(iii) Four thousand dollars ($4,000) for a recipient 26
who has earned at least fifty -seven (57) semester credit hours but less than 27
eighty-seven (87) semester credit hours; and 28
(iv)(a) Five thousand dollars ($5,000) for a 29
recipient who has earned at least eighty -seven (87) semester credit hours but 30
no more than one hundred twenty (120) semester credit hours unless the 31
recipient is enrolled in a baccalaureate degree program that requires more 32
than one hundred twenty (120) semester credit hours, but not more than one 33
hundred thirty (130) semester credit hours, as provided under § 6 -61-232, 34
then up to the number of credit hours required to complete the baccalaureate 35
program. 36 SB246
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(b) A recipient shall receive no more than one 1
(1) year of the scholarship provided under subdivision (d)(1)(A)(iv)(a) of 2
this section unless the recipient is enrolled in a baccalaureate degree 3
program that requires more than one hundred twenty (120) semester credit 4
hours as provided under § 6 -61-232. 5
(c)(1) A recipient who is eligible to receive 6
the scholarship under subdivision (d)(1)(A)(iv)(a) of this section may 7
receive the scholarship while enrolled in a semester as a part -time student. 8
(2) The scholarship amount for the 9
semester in which a recipient is enrolled as a part -time student under 10
subdivision (d)(1)(A)(iv)(c)(1) of this section shall may be prorated by the 11
number of credit hours in which the recipient is enrolled. 12
13
SECTION 82. Arkansas Code § 6 -85-302 is amended to read as follows: 14
6-85-302. Definitions. 15
As used in this subchapter: 16
(1) “Approved institution of higher education” means an 17
institution of higher education approved by the Division of Higher Education 18
to participate in the Arkansas Workforce Challenge Scholarship Program and 19
that is: 20
(A) Has its primary headquarters located in Arkansas; 21
(B) Is eligible to receive Title IV federal student aid 22
funds; and 23
(C) Is: 24
(i) A state-supported two-year or four-year college 25
or university institution of higher education ; or 26
(ii) A public or private vocational -technical 27
school; 28
(iii) A public or private technical institute; or 29
(B)(iv) A private, nonprofit two -year or four-year college 30
or university with its primary headquarters located in Arkansas that is 31
eligible to receive Title IV federal student aid funds ; and 32
(2)(A) “Certificate program” means a program that is offered or 33
made available to a student by an approved institution of higher education 34
that leads to the obtainment of a certification or license, including without 35
limitation a program operated or sponsored by a third party. 36 SB246
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(B) "Certificate program" is determined by the division 1
and includes without limitation the following: 2
(i) Advanced manufacturing; 3
(ii) Health care; 4
(iii) Information technology; 5
(iv) Construction trades; or 6
(v) Logistics and distribution. 7
(C) The credit hours or contact hours awarded for a 8
certificate program may include credit hours or contact hours that are not 9
creditable toward an associate or a baccalaureate degree. 10
11
SECTION 83. Arkansas Code § 6 -85-304(a), concerning student 12
eligibility under the Arkansas Workforce Challenge Scholarship Program, is 13
amended to read as follows: 14
(a) A student is eligible to receive an Arkansas Workforce Challenge 15
Scholarship for an academic year if the student applies to the Division of 16
Higher Education an approved institution of higher education by a date 17
determined by the Division of Higher Education preceding the academic year 18
and: 19
(1) Is an Arkansas resident or, if the student is less than 20
twenty-one (21) years of age, either the student or one (1) parent of the 21
student is an Arkansas resident; 22
(2) Meets either of the following requirements: 23
(A) Graduated from a: 24
(i) Public high school in Arkansas or another state; 25
(ii) Private high school in Arkansas or another 26
state; or 27
(iii) Home school under § 6 -15-501 et seq. or 28
recognized by another state; or 29
(B) Received a high school equivalency diploma approved by 30
the Adult Education Section or another state; 31
(3) Is not receiving a scholarship under the Arkansas Academic 32
Challenge Scholarship Program, § 6 -85-201 et seq.; and 33
(4) Is accepted for admission in a program of study at an 34
approved institution of higher education that leads to an associate degree or 35
a certificate program in one (1) of the following high-demand fields: 36 SB246
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described in § 6-85-302. 1
(A) Industry; 2
(B) Health care; and 3
(C) Information technology; and 4
(5)(A) Whose program of study or certificate program will result 5
in the student's being qualified to work in an occupation identified by the 6
Division of Workforce Services under subdivision (a)(5)(B)(i) of this 7
section. 8
(B)(i) The Division of Workforce Services shall provide 9
annually to the Division of Higher Education by March 1 a list that 10
identifies the five (5) most in -demand occupations in this state in each 11
high-demand field under subdivision (a)(4) of this section that require the 12
completion of a program of study that leads to an associate degree or a 13
certificate program. 14
(ii) The Division of Workforce Services shall publish 15
on its website the list under subdivision (a)(5)(B)(i) of this section and 16
data supporting the list. 17
18
SECTION 84. Arkansas Code § 6 -85-305 is amended to read as follows: 19
6-85-305. Distribution — Award amounts. 20
(a) If funds are available, the Division of Higher Education shall 21
distribute Arkansas Workforce Challenge Scholarships to all students who meet 22
the requirements under § 6 -85-304. 23
(b)(1) The division shall distribute scholarships from the funds 24
available in an equal amount to every student eligible to receive a 25
scholarship under this subchapter. 26
(2) Except as provided in subsection (c) of this section, the 27
(2)(A) The maximum scholarship award a student may receive in an 28
academic year shall be the lesser of: 29
(A) Eight hundred dollars ($800); or 30
(B)(i) The cost of the certificate program or program of 31
study. 32
(ii) The cost of a certificate program or program of 33
study shall include: 34
(a) Tuition, fees, or other charges; 35
(b) Textbooks or other course materials; and 36 SB246
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(c) Equipment needed for a course established 1
by the division. 2
(B) Scholarship awards shall be based on the following 3
criteria: 4
(i) Program costs; 5
(ii) Statewide workforce demands; 6
(iii) Credentials of value; and 7
(iv) Industry-specific expected wages and wage 8
increase progression. 9
(C) The division shall establish the award amounts payable 10
to awardees on an annual basis. 11
(3) The scholarship awards may be used for expenses included in 12
the cost of the certificate program or program of study. 13
(4) A scholarship under this section shall be only for the 14
academic year for which it is awarded. 15
(c)(1) If the division has funds remaining after making the 16
distributions under subsection (b) of this section, the division shall 17
distribute scholarships to students for the summer term of the academic year. 18
(2) If funds are available under subdivision (c)(1) of this 19
section, a student shall apply for a scholarship for a summer term by a date 20
determined by the division preceding the summer term. 21
(3)(A) The division shall distribute scholarships for a summer 22
term in the same manner as under subsection (b) of this section. 23
(B)(2) Scholarships for a summer term may be used in the 24
same manner as under subsection (b) of this section. 25
(4)(3) A student who received a scholarship under subsection (b) 26
of this section may also receive a scholarship for a summer term. 27
(d) The division shall disburse scholarship awards on behalf of an 28
eligible student directly to the approved institution of higher education. 29
30
SECTION 85. Arkansas Code Title 6, Chapter 85, Subchapter 4 is 31
repealed. 32
Subchapter 4 — Arkansas Concurrent Challenge Scholarship Program 33
34
6-85-401. Creation. 35
There is created the Arkansas Concurrent Challenge Scholarship Program. 36 SB246
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1
6-85-402. Definitions. 2
As used in this subchapter: 3
(1) “Approved institution of higher education” means an 4
institution of higher education that: 5
(A) Is approved by the Division of Higher Education to 6
participate in the Arkansas Concurrent Challenge Scholarship Program; 7
(B) Offers at least a fifty -percent discount on the 8
tuition and mandatory fees of an endorsed concurrent enrollment course or 9
certificate program to a student who is enrolled in an endorsed concurrent 10
enrollment course or certificate program, unless other opportunities are 11
provided that lower the tuition and mandatory fees below fifty percent (50%); 12
and 13
(C) Is a: 14
(i) State-supported two-year or four-year college or 15
university; or 16
(ii) Private, nonprofit two -year or four-year college 17
or university that has its primary headquarters located in Arkansas and that 18
is eligible to receive Title IV federal student aid funds; 19
(2)(A) “Certificate program” means a program that is offered or 20
made available to a student by an approved institution of higher education 21
that leads to the obtainment of a certification or license. 22
(B) “Certificate program” does not include a program that 23
is operated or sponsored by a third party; 24
(3)(A) “Endorsed concurrent enrollment course” means the same as 25
defined in § 6-16-1202. 26
(B) “Endorsed concurrent enrollment course” does not 27
include a program that is operated or sponsored by a third party; and 28
(4) “Student” means a person in grade ten (10), grade eleven 29
(11), or grade twelve (12) who is enrolled at a: 30
(A) Public high school in Arkansas; 31
(B) Private high school in Arkansas; or 32
(C) Home school, as defined in § 6 -15-501. 33
34
6-85-403. Eligibility. 35
(a) A student is eligible to receive an Arkansas Concurrent Challenge 36 SB246
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Scholarship under this subchapter for an academic semester or academic year 1
during which the student is enrolled in an endorsed concurrent enrollment 2
course or certificate program if the student: 3
(1) Is an Arkansas resident or, if the student is less than 4
twenty-one (21) years of age, either the student or one (1) parent of the 5
student is an Arkansas resident; and 6
(2)(A) Submits a student success plan as described under § 6 -15-7
2911(b). 8
(B) The student success plan required under subdivision 9
(a)(2)(A) of this section for a student who is enrolled in an endorsed 10
concurrent enrollment course or certificate program shall: 11
(i) Be prepared in consultation with: 12
(a) School personnel, the student, and the 13
student's parent or legal guardian; or 14
(b) A college advisor; and 15
(ii) Include: 16
(a) An endorsed concurrent enrollment course 17
or certificate program that is relevant to the student's success plan; and 18
(b) Measures that ensure the successful 19
completion of the endorsed concurrent enrollment course or certificate 20
program in which the student is enrolled. 21
(b)(1) A student successfully completes an endorsed concurrent 22
enrollment course or a course taken towards the completion of a certificate 23
program under this subchapter if he or she completes the course or program 24
and receives a minimum grade point average of 2.5. 25
(2)(A) A student who fails to successfully complete an endorsed 26
concurrent enrollment course or a course taken towards the completion of a 27
certificate program under this subchapter shall: 28
(i) Retain eligibility for a scholarship under this 29
subchapter; and 30
(ii) Enroll in no more than one (1) endorsed 31
concurrent enrollment course or course required for the completion of a 32
certificate program for the first semester following the semester in which 33
the student failed to successfully complete an endorsed concurrent enrollment 34
course or course taken towards the completion of a certificate program. 35
(B) However, if a student fails an endorsed concurrent 36 SB246
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enrollment course or a course taken towards the completion of a certificate 1
program under this subchapter a second time, the student shall be ineligible 2
to reapply for a scholarship under this subchapter. 3
(c) A student whose enrollment in a vocational center is reimbursable 4
under § 6-51-305 is not eligible for a scholarship under this subchapter. 5
6
6-85-404. Funding. 7
(a) For an academic year, Arkansas Concurrent Challenge Scholarships 8
under this subchapter shall be funded with any funds remaining after the 9
Division of Higher Education allocates sufficient funding to award Arkansas 10
Workforce Challenge Scholarships under § 6 -85-301 et seq., at a level 11
equivalent to the awards made in the previous academic year. 12
(b)(1) A scholarship under this subchapter shall not be awarded for an 13
academic year if: 14
(A) Less than two hundred fifty thousand dollars 15
($250,000) is available under subsection (a) of this section; or 16
(B) The division received a loan from the Scholarship 17
Shortfall Reserve Trust Account under § 23 -115-802 for the Arkansas Academic 18
Challenge Scholarship Program, § 6 -85-201 et seq., for the previous academic 19
year. 20
(2) Any funds under subsection (a) of this section that are not 21
disbursed for scholarships under this subchapter shall be carried over to the 22
next academic year to be used for scholarships under this subchapter. 23
24
6-85-405. Distribution — Award amounts. 25
(a) If funds are available, the Division of Higher Education shall 26
award Arkansas Concurrent Challenge Scholarships to all students who meet the 27
requirements under this subchapter. 28
(b)(1) The division shall distribute scholarships from the funds 29
available in an equal amount to every approved institution of higher 30
education that has enrolled a student eligible to receive a scholarship under 31
this subchapter. 32
(2) The maximum scholarship award a student may receive in an 33
academic year shall be the lesser of: 34
(A)(i) Five hundred dollars ($500). 35
(ii) A scholarship awarded to a student who is 36 SB246
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eligible under § 6-85-403 shall be awarded in the amount of one hundred 1
twenty-five dollars ($125) for each endorsed concurrent enrollment credit 2
course or certificate program in which the eligible student is enrolled, up 3
to two (2) endorsed concurrent enrollment credit courses or certificate 4
programs per semester; or 5
(B) The tuition and mandatory fees of the endorsed 6
concurrent credit course or certificate program. 7
(3) A scholarship granted under this section may be awarded in 8
addition to any funds received for the enrollment in an endorsed concurrent 9
enrollment course under § 6 -16-1204(e)(3). 10
(4) Unless a student's high school or community -based program 11
provides financial assistance for the cost of tuition and mandatory fees for 12
an endorsed concurrent enrollment course or certificate program, the 13
remaining cost of tuition and mandatory fees for an endorsed concurrent 14
enrollment course or certificate program is the responsibility of the 15
eligible student who is enrolled in the endorsed concurrent enrollment course 16
or certificate program. 17
18
6-85-406. Rules. 19
The Division of Higher Education shall promulgate rules to implement 20
this subchapter. 21
22
SECTION 86. Arkansas Code § 6 -85-502(b)(5), concerning the amount of 23
net proceeds to fund scholarships under the Arkansas Concurrent Challenge 24
Scholarship Program used for the lottery fiscal impact statement, is 25
repealed. 26
(5) The amount of net proceeds that was necessary to fund 27
scholarships under the Arkansas Concurrent Challenge Scholarship Program, § 28
6-85-401 et seq., during each of the last four (4) years immediately 29
preceding the year in which the proposed bill is being considered, listed 30
separately; 31
32
SECTION 87. Arkansas Code § 6 -85-502(b)(7)(C), concerning the 33
comparison of the year with the highest amount of net proceeds necessary to 34
fund scholarships under the Arkansas Concurrent Challenge Scholarship 35
Program, is repealed. 36 SB246
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(C) The year with the highest amount of net proceeds 1
necessary to fund scholarships under the Arkansas Concurrent Challenge 2
Scholarship Program, § 6 -85-401 et seq., as determined under subdivision 3
(b)(5) of this section; and 4
5
SECTION 88. Arkansas Code § 20 -7-133(b)(2), concerning members 6
appointed by the Commissioner of Elementary and Secondary Education to the 7
Child Health Advisory Committee, is amended to read as follows: 8
(2) The Commissioner of Elementary and Secondary Education shall 9
appoint: 10
(A) One (1) member to represent the Division of Elementary 11
and Secondary Education; 12
(B) One (1) member to represent the Arkansas School 13
Nutrition Association Child Nutrition Unit ; 14
(C) One (1) member to represent the Arkansas School Nurses 15
Association public school nurse; 16
(D) One (1) member to represent the Arkansas Association 17
of Educational Administrators public school administrator ; 18
(E) One (1) member to represent the Arkansas PTA of a 19
public school district parent -teacher association; 20
(F) One (1) member to represent the Arkansas School Boards 21
Association of a public school district board of directors ; 22
(G) One (1) member to represent the Arkansas Association 23
of School Business Officials public school district finance employee ; and 24
(H) One (1) member to represent the Arkansas Association 25
for Supervision and Curriculum Development Two (2) public school licensed 26
educators; and 27
(I) One (1) member who is a classroom teacher . 28
29
SECTION 89. Arkansas Code § 21 -5-703(c), concerning the award of 30
scholarship benefits by the Arkansas State Claims Commssion during the claims 31
process for death benefits of public employees, is amended to read as 32
follows: 33
(c) Unless § 6-82-504(e) § 6-82-2505(e) is applicable, the commission 34
shall award any scholarship benefit provided by the provisions of § 6-82-501 35
et seq. the Arkansas Heroes Scholarship Act, § 6 -82-2501 et seq., at the same 36 SB246
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time any death benefit or total and permanent disability benefit is awarded 1
under this subchapter. 2
3
SECTION 90. Arkansas Code § 21 -5-705(a)(3)(B)(i), concerning the 4
maximum death benefit paid to a designated beneficiary or survivor of certain 5
public employees killed in the line of duty, is amended to read as follows: 6
(i) A maximum of one hundred fifty thousand dollars 7
($150,000) per individual death, including educational benefits provided in § 8
6-82-501 et seq. the Arkansas Heroes Scholarship Act, § 6 -82-2501 et seq.; 9
and 10
11
SECTION 91. The introductory language of Arkansas Code § 23 -115-12
801(b)(1)(B)(i), concerning the establishment of the Lottery Scholarship 13
Trust Account by the Office of the Arkansas Lottery, is amended to read as 14
follows: 15
(B)(i) The office shall establish the Lottery Scholarship 16
Trust Account as required under subdivision (b)(1)(A) of this section to fund 17
the Arkansas Academic Challenge Scholarship Program, § 6 -85-201 et seq., the 18
Arkansas Workforce Challenge Scholarship Program, § 6 -85-301 et seq., the 19
Arkansas Concurrent Challenge Scholarship Program, § 6 -85-401 et seq., and 20
any other scholarship funded with net proceeds from the state lottery in a 21
financial institution into which the office shall transfer: 22
23
SECTION 92. Arkansas Code § 23 -115-801(b)(1)(B)(ii) and (iii), 24
concerning funding of the Lottery Scholarship Trust Account by the Office of 25
the Arkansas Lottery, are amended to read as follows: 26
(ii) The funds transferred by the office into the 27
Lottery Scholarship Trust Account for the Arkansas Academic Challenge 28
Scholarship Program, § 6 -85-201 et seq., the Arkansas Workforce Challenge 29
Scholarship Program, § 6 -85-301 et seq., the Arkansas Concurrent Challenge 30
Scholarship Program, § 6 -85-401 et seq., and any other scholarship funded 31
with net proceeds from the state lottery as established under subdivision 32
(b)(1)(B)(i) of this section shall be used for: 33
(a) Arkansas Workforce Challenge Scholarships; 34
(b) Any management fees charged by the 35
financial institution to manage the trust account for scholarship award 36 SB246
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supplements; 1
(c) Arkansas Concurrent Challenge 2
Scholarships; 3
(d) Arkansas Academic Challenge Scholarships; 4
and 5
(e) (d) Any other scholarship funded with net 6
proceeds from the state lottery. 7
(iii) Annually, the office shall transfer to the 8
division the funds from the previous academic year, if any, that were 9
transferred by the office into the Lottery Scholarship Trust Account 10
established under subdivision (b)(1)(B)(i) of this section for distribution 11
of Arkansas Academic Challenge Scholarships, Arkansas Workforce Challenge 12
Scholarships, Arkansas Concurrent Challenge Scholarships, and any other 13
scholarship funded with net proceeds from the state lottery. 14
15
SECTION 93. Arkansas Code § 23 -115-801(c)(1)(C), concerning the 16
scholarship programs that the Commissioner of the Division of Higher 17
Education is required to certify funding for, is repealed. 18
(C) The Arkansas Concurrent Challenge Scholarship Program, 19
§ 6-85-401 et seq.; and 20
21
SECTION 94. Arkansas Code § 23 -115-801(c)(2)(D)(ii)(a), concerning the 22
distribution to recipients if funds remain after award of all scholarships 23
under the Arkansas Academic Challenge Program, is amended to read as follows: 24
(ii)(a) If available funds remain after the award of 25
all scholarships under the Arkansas Academic Challenge Program, § 6 -85-201 et 26
seq., then the available funds shall be distributed to recipients of 27
scholarships under the Arkansas Workforce Challenge Scholarship Program, § 6 -28
85-301 et seq., and the Arkansas Concurrent Challenge Scholarship Program, § 29
6-85-401 et seq., on a pro rata basis as determined by the division. 30
31
SECTION 95. Arkansas Code § 23 -115-802(c)(2) and (3), concerning the 32
process of using the Scholarship Shortfall Reserve Trust Account if net 33
proceeds are insufficient to meet scholarship funding, are amended to read as 34
follows: 35
(2) Except as provided in subdivision (c)(3)(B) of this section, 36 SB246
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the Scholarship Shortfall Reserve Trust Account shall not be drawn upon to 1
fund Arkansas Workforce Challenge Scholarships under the Arkansas Workforce 2
Challenge Scholarship Program, § 6 -85-301 et seq., Arkansas Concurrent 3
Challenge Scholarships under the Arkansas Concurrent Challenge Scholarship 4
Program, § 6-85-401 et seq., or any other scholarship funded with net 5
proceeds from the state lottery. 6
(3)(A) Determining the maximum amount of loans from the 7
Scholarship Shortfall Reserve Trust Account to the Arkansas Academic 8
Challenge Scholarship Program, § 6 -85-201 et seq., or the Arkansas Workforce 9
Challenge Scholarship Program, § 6 -85-301 et seq., or the Arkansas Concurrent 10
Challenge Scholarship Program, § 6 -85-401 et seq., is the prerogative of the 11
General Assembly. This is usually accomplished by the General Assembly's 12
delineating such funding allocations for the various scholarship programs, 13
with the approval of the Administrative Rules Subcommittee of the Legislative 14
Council and through oversight as required by law by the Lottery Oversight 15
Subcommittee of the Legislative Council. Further, the General Assembly 16
determines that the Division of Higher Education may operate more efficiently 17
with some flexibility, therefore it is both necessary and appropriate that 18
the General Assembly maintain oversight by requiring prior approval of the 19
Legislative Council or the Joint Budget Committee as provided by this 20
section. 21
(B) If the division determines it is necessary to borrow 22
from the Scholarship Shortfall Reserve Trust Account to fund scholarships 23
under the Arkansas Academic Challenge Scholarship Program, § 6 -85-201 et 24
seq., or the Arkansas Workforce Challenge Scholarship Program, § 6 -85-301 et 25
seq., or the Arkansas Concurrent Challenge Scholarship Program, § 6 -85-401 et 26
seq., the division shall first obtain review and approval from the 27
Legislative Council or, if the General Assembly is in session, the Joint 28
Budget Committee. 29
30
SECTION 96. DO NOT CODIFY. SEVERABILITY CLAUSE. If any provision of 31
this act or the application of this act to any person or circumstance is held 32
invalid, the invalidity shall not affect other provisions or applications of 33
this act that can be given effect without the invalid provision or 34
application, and to this end, the provisions of this act are declared 35
severable. 36 SB246
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1
SECTION 97. DO NOT CODIFY. Effective dates. 2
Sections 68, 73, 85, 86, 87, 91, 92, 93, 94, and 95 of this act are 3
effective on and after June 30, 2026. 4
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